HomeMy WebLinkAbout29 - Use Permit 2003-036 - PA2003-220 - Josh SlocumCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 29
June 22, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh Ung, Associate Planner
rung (a)city.newport- beach.ca.us
(949) 644 -3208
SUBJECT: Josh Slocum's Dinner and Supper Club
Use Permit No. 2003 -036
(PA2003 -220)
2601 W. Coast Highway
APPELLANT: Random Interactive, Inc.
ISSUE:
Should the City Council grant an appeal of the Planning Commission's denial of a
request to operate a nightclub with live entertainment and dancing between 9:00 p.m. and
2 a.m. at the subject property?
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deny the appeal and
uphold and affirm the decision of the Planning Commission and approve Use Permit No.
2003 -036, to allow the existing restaurant to provide periodic lunch service, increase the
occupancy and modify the minimum parking requirements by adopting the attached
Resolution.
THE APPEAL:
Bill Hodge of Hodge and Associates, the authorized agent for Random Interactive, Inc.,
filed an appeal of the Planning Commission's decision to deny the nightclub aspect of the
Use Permit application for Josh Slocum's Dinner and Supper Club on May 20, 2004. The
stated reason for the appeal was that the project with suggested conditions would meet
noise standards, parking standards, occupancy standards, and traffic circulation
standards; and that the appellant also agreed to further noise attenuation measures.
Josh Slocum's Dinner and Supper Club (PA2003 -220)
June 22, 2004
Page 2 of 2
VICINITY MAP
2601 W. Coast Highway
Use Permit No. 2003 -036 PA2003 -220
Current
Development:
Josh Slocum's Dinner and Supper Club
To the north:
Commercial Developments
To the east:
Commercial Developments and a legal non conforming residence
To the south:
Lido Isle across the Lido Channel
To the west:
Commercial Developments
Josh Slocum's Dinner and Supper Club (PA2003 -220)
June 22, 2004
Page 3 of 3
DISCUSSION:
The subject property is located on the south side of Coast Highway, directly across from
Tustin Avenue, within the Mariner's Mile District and has a zoning designation of RMC
(Recreational and Marine Commercial). The property is approximately 10,100 square feet
in size and is improved with a 3,987 square foot single -story commercial building.
Occupying the southerly half of the property, the existing building is located behind a
paved parking lot with no landscaping. The building has a covered porch of approximately
63 square feet in size that is currently being used as a smoking and waiting area.
The appellant originally proposed to expand the legal nonconforming restaurant by
providing periodic lunch service, increasing the occupancy and allowing a nightclub
operation with live entertainment and dancing between 9:00 p.m. and 2:00 a.m. each
night. The request also included a modification of minimum parking requirements since
the use does not provide code - required parking. This application is a result of the
requested expansion of use occurring without first obtaining a Use Permit.
On May 6, 2004, the Planning Commission unanimously approved the Use Permit
request only to allow the expansion of the legal nonconforming restaurant and denied
the request to operate the nightclub. The approval of the Use Permit allows the
restaurant to open from 5:00 p.m. to 2:00 a.m., Monday through Friday and for lunch
from 11:00 a.m. to 2:00 a.m., Saturday and Sunday; and to increase the occupancy
from 133 to 143 persons with a parking waiver of 3 parking spaces. In making this
decision it was noted by the Planning Commission that the approval of an additional 10
seats in the restaurant was acceptable because there is an advantage to the City to get
a Use Permit with a full set of conditions which would make enforcement of the
operation easier in the future. The existing establishment operates as a legal, non-
conforming use because there is no Use Permit.
During the public testimony, four (4) persons spoke against the Use Permit application,
noting that the proposed nightclub would generate substantial noise problems. The Lido
Isle residents testified that existing noise generated travels across the water and they
also stated that loud noise and music are often heard late into the night. The residents
expressed the desire to have peace and quiet in their homes. They also indicated that
music levels have been lowered after a complaint but that the music would increase
shortly thereafter. The residents requested that the application be denied.
The Police Department expressed their concerns with regard to the proposed
application in that there have been significant problems at this location for the past
several years. Since January 2004, they have responded to 39 formal calls for service
that included vandalism, drunks, disturbances and fights. There were two significant
fights inside the bar in April of this year, with one of them involving a physical attack on
one of the employees.
Josh Slocum's Dinner and Supper Club (PA2003 -220)
June 22, 2004
Page 4 of 4
The Planning Commission expressed their concern that the establishment has
continuously caused police problems as the record showed. The Police Department
testified at the Planning Commission meeting that the establishment has continued to
provide dancing on a significant number of nights contrary to what staff believes is their
right to do.
The Planning Commission also expressed concerns with the nightclub citing that the
site is too small to increase the intensity of the use by switching from a restaurant to a
nightclub by bringing in additional people. There are continuing traffic access issues
with the existing operation, so to exacerbate it more by increasing the occupancy load
and the frequency and the changeover in clientele, would create more traffic hazards
on Coast Highway.
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:
1. Deny the application. Staff does not recommend this alternative since the
existing establishment presently operates without a Use Permit and the Use
Permit will provide enforcement tools.
2. Grant the appeal. The Council may determine that the proposed nightclub can
be operated in a way that would not be detrimental to the community through
strict adherence the operating conditions. Should the Council choose this course
of action; staff recommends a continuance to the next meeting so staff can draft
a Council resolution for approval.
Prepared by:
-L, ().- (2. /
RbIalinh Ung, Associ to tanner
Attachments:
Submitted by:
�a
Patricia L. Temple, Pla ning Director
A Draft City Council Resolution
B. Planning Commission Staff Report dated May 6, 2004
C. Planning Commission Resolution 1633
D. Excerpt of minutes dated May 6, 2004
E. Appeal form submitted by the Applicant
F. Project Plans
ATTACHMENT A
DRAFT CITY COUNCIL RESOLUTION
5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DENYING THE APPEAL AND UPHOLDING
AND AFFIRMING THE DECISION OF THE PLANNING
COMMISSION AND APPROVING USE PERMIT NO. 2003 -036
AS MODIFIED FOR PROPERTY LOCATED AT 2601 W. COAST
HIGHWAY (PA2003 -220)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES
AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Random Interactive, Inc., with respect to property
located at 2601 W. Coast Highway, and legally described as Lot 5 of Tract 919, requesting
approval a Use Permit to expand the operation of a restaurant named Josh Slocum's Dinner
and Supper Club, currently operating with a Type 47 (On -Sale General Eating Place) License,
by increasing the occupancy, extending the hours of operation to include periodic lunch service
and operating a nightclub with live entertainment and dancing, from 9:00 p.m. to 2:00 a.m.,
every night. The request also includes a modification of minimum parking requirements since
the use does not provide code required parking.
WHEREAS, the existing restaurant was originally established prior to the requirement
for restaurants to obtain a Use Permit, therefore, it is a legal nonconforming use.
WHEREAS, a Use Permit is required pursuant to Sections 20.82.060 (Changes in
Operational Characteristics) of the Municipal Code since the application proposes changes to
the operational characteristics of the establishment by extending the hours of operation to
include periodic lunch service, increasing the building occupancy load and providing a
nightclub with live entertainment.
WHEREAS, the site is designated Recreational and Marine Commercial by the General
Plan Land Use Element and zoned SP -5 (Mariner's Mile Specific Plan) which designated the
site as Recreational and Marine Commercial. Restaurants and nightclubs are allowed uses
within these designations subject to the approval of a Use Permit.
WHEREAS, on May 6, 2004, the Planning Commission unanimously modified and
approved the Use Permit request only to allow the expansion of the legal nonconforming
restaurant and denied the request to operate the nightclub. The approval of the Use Permit
allows the restaurant to open from 5:00 p.m. to 2:00 a.m., Monday through Friday and for
lunch from 11:00 a.m. to 2:00 a.m., Saturday and Sunday; and to increase the occupancy
from 133 to 143 persons with a parking waiver of 3 parking spaces.
WHEREAS, on May 20, 2004, Bill Hodge of Hodge and Associates, the authorized agent
for Random Interactive, Inc., filed an appeal of the Planning Commission's decision to deny the
nightclub aspect of the Use Permit application for Josh Slocum's Dinner and Supper Club. The
stated reason for the appeal was that the project with suggested conditions would meet noise
standards, parking standards, occupancy standards, and traffic circulation standards; and that
the appellant also agreed to further noise attenuation measures.
V:
City of Newport Beach
City Council Resolution No.
Page 2 of 10
WHEREAS, a public hearing was held by the City Council on June 22, 2004 in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the aforesaid meeting was given. The application including submitted
plans and other evidence, both written and oral, was presented to and considered by the City
Council at this meeting.
WHEREAS, the proposed expansion of the existing restaurant 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 for the following reasons:
1. The project is located in a water front commercial area that also includes several other
restaurants. Surrounding land uses are dominated by retail marine commercial and
visitor serving uses including restaurants. Restaurants are expected to be found in this
and similar locations in the city and the uses are complimentary to the surrounding
commercial area.
2. The expansion of the restaurant hours to include lunch service Saturdays, Sundays,
and holidays and the increased occupancy load has been conditioned in such a
manner to require strict adherence to safety regulations. Additionally, increased off -site
parking will be provided. The project design and operational characteristics, as
conditioned, meet the intent of the Zoning Code.
3. With the proposed off -site parking arrangement, valet parking plan, and future traffic
improvements required by the Traffic Engineer, the site will conducive to the increased
intensity of use as a restaurant operation.
WHEREAS, the request to increase the occupancy of the existing restaurant from 133
to 143 persons would thereby increase the level of alcohol consumption on the premises, and
could potentially raise the level of alcoholic related incidents that have been the concern from
the Police Department, has necessitated the requirement of applicable conditions for the
existing ABC Type "47 License.
WHEREAS, the proposed increased use of off - street parking with the restaurant
portion of the project is acceptable for the following reasons:
1. The location of the off -site parking lot (2700 West Coast Highway) is useful in
conjunction with the establishment given its close proximity to the project site. The lot
is located approximately 275 feet north of the project site on the west side of Tustin
Avenue.
2. Pedestrian access between the off -site lot and the project site is accommodated on
public sidewalks and a crosswalk at the signalized intersection of Tustin Avenue and
Coast Highway.
City of Newport Beach
City Council Resolution No.
Page 3 of 10
3. Undue traffic hazards will not be created in the surrounding area with the
implementation of a valet/parking management plan and signal improvements
requested by the Traffic Engineer. The off -site parking lot is served by adequate street
access from Tustin Avenue via an existing improved public alley.
WHEREAS, the reduction in required parking (3 spaces) is not detrimental to the
surrounding area due to the presence of a municipal parking facility in the immediate vicinity.
The entrance to the parking lot is approximately 425 feet north of the project site on the east
side of Tustin Avenue and adequate pedestrian access is provided via public sidewalks and
the crosswalk at a signalized intersection.
WHEREAS, the proposed nightclub operation at the site will 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 be detrimental to the properties or
improvements in the vicinity or to the general welfare of the City for the following reasons:
1. The subject site is not adequate in size to support the proposed nightclub activities
due the lack of on -site parking. The site provides only 18% of the minimum required
parking. The establishment has and will attract larger crowds than it is designed to
accommodate resulting in increased noise, traffic, trespassing and loitering. The site
does not provide adequate area for patron entry queuing as it primarily occurs in the
parking areas. Patrons waiting to enter the nightclub are not afforded adequate restroom
facilities.
2. The increase use of the off -site parking lot will create increased noise, traffic and general
activity during late night hours. The off -site parking lot is located near residences on
Tustin Avenue and Ocean View Avenue.
3. The building that would house the nightclub use is not constructed with maximum sound
attenuation features. Although additional sound attenuation measures and operational
restrictions can be required, noise impacts associated with live entertainment cannot be
entirely mitigated.
4. The increased traffic and access needs for the nightclub are not provided at the Coast
Highway/Tustin Avenue intersection. This intersection is not presently designed to
accommodate added traffic and access due to the lack of the fourth leg of signalization.
Providing the fourth leg of signalization is not guaranteed due to the participation of the
abutting property owner and Caltrans. Increased access to the site can result cars
queuing along Coast Highway while waiting for valet parking services thereby creating a
traffic hazard.
5. The establishment is located within Report District No. 25 where the number of crimes is
75% higher that the citywide average. The total crimes in the adjacent two reporting
districts are also higher than the citywide average. The Police Department believes the
nightclub activity has in the past and will continue to contribute to higher alcohol - related
incidents and crime, which is detrimental to the community.
Pq
City of Newport Beach
City Council Resolution No.
Page 4 of 10
WHEREAS, this project has been reviewed, and it qualifies for a categorical exemption
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities). There will be no significant environmental impact as the proposed project is located in
a fully developed area. The site is also devoid of any significant environmental resources and no
construction is proposed.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The City Council of the City of Newport Beach hereby denies the appeal and
upholds and affirms the Planning Commission decision and approves Use Permit No.
2003 -036 as modified, to allow the expansion a legal nonconforming restaurant with a Type 47
(On -Sale General Eating Place) License subject to the Conditions of Approval set forth in Exhibit
«A„
Section 2. The City Council of the City of Newport Beach hereby denies the request to
allow a nightclub operation with live entertainment and dancing.
PASSED, APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2004.
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
O
City of Newport Beach
City Council Resolution No.
Page 5 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003 -036
1. The eating and drinking establishment shall be in operated in substantial conformance
with the site plan and floor plan for dining dated April 1, 2004.
2. Use Permit No. 2003 -036 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. 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
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
4. Any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or other modification to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit.
5. 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.
6. Should the business, alcohol license or property be sold, transferred or otherwise come
under different ownership or control, any future owners, operators or assignees shall
be notified in writing of the conditions of this use permit by the current owner(s),
operator(s) or assignee(s). Future owners, operators or assignees shall submit, within
30 days of transfer or sale, a letter to the Planning Department acknowledging their
receipt, acknowledgement and acceptance of the limitations, restrictions and conditions
of approval of this permit.
7. 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, recyclable materials, litter,
debris or graffiti from the premises and on all abutting sidewalks within 20 feet of the
premises.
8. The primary use, as depicted on the approved plans, is an eating and drinking
establishment and restaurant. The operational character of the use shall not be
changed to a bar, tavern, or cocktail lounge as a primary use. A nightclub, cabaret or
commercial recreational entertainment venue is not an authorized use whatsoever.
10
City of Newport Beach
City Council Resolution No.
Page 6 of 10
9. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. The noise generated by the use shall comply with the
provisions of Chapter 10.26 of the Municipal Code. The maximum noise levels from
the use shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher. If the ambient noise level is higher, noise from
the use shall not exceed the ambient noise level.
10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through
Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday.
11. No live entertainment or dancing shall be permitted in conjunction with the permitted
use. Background music within the interior of the building is permitted. No music and /or
audible paging or speaker system shall be allowed outside the building or within the
"smoking" porch area.
12. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
13. 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.
14. No advertisements and /or flyers shall be posted and /or distributed outside of the
premises including in the off -site parking lot area.
15. All signs shall conform to the provisions of the Municipal Code. No temporary
"sandwich" signs or similar temporary signs shall be permitted, either on -site or off -
site, to advertise the restaurant.
Between the hours of
Between the hours of
TOOAM and
10:OOPM and
10:OOPM
TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
I 65dBA
N/A
60dBA
10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through
Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday.
11. No live entertainment or dancing shall be permitted in conjunction with the permitted
use. Background music within the interior of the building is permitted. No music and /or
audible paging or speaker system shall be allowed outside the building or within the
"smoking" porch area.
12. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
13. 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.
14. No advertisements and /or flyers shall be posted and /or distributed outside of the
premises including in the off -site parking lot area.
15. All signs shall conform to the provisions of the Municipal Code. No temporary
"sandwich" signs or similar temporary signs shall be permitted, either on -site or off -
site, to advertise the restaurant.
City of Newport Beach
City Council Resolution No.
Page 7 of 10
16. A full meal service menu shall be available for ordering at all times that the restaurant
is open for business.
17. Prior the issuance of the certificate of occupancy, the location of maximum occupancy
postings in the establishment shall be inspected and approved by the Newport Beach
Building Department to ensure the location is readily visible to employees, patrons and
public safety personnel. Maximum occupancy load for the restaurant operation shall be
143 persons. Strict adherence to maximum occupancy limits is required.
18. The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
19. All entry doors of the establishment shall remain closed at all times except for the
ingress and egress of patrons and employees. All emergency exists shall remain
operable at all times. The use of the side doors shall be limited to deliveries and
employee use only and normal ingress and egress by patrons is prohibited except in
the event of an emergency.
20. Prior to the issuance of the certificate of occupancy, 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.
21. All employees shall park either on the subject site or the off -site parking lot or the
municipal parking lot at all times.
22. A minimum of 43 parking spaces shall be provided for the subject property at all times.
Thirteen (13) of these spaces shall be provided and maintained on -site at all times with
adequate striping and wheel stops in accordance with Public Works standards. An off -
site parking agreement, subject to the review by the City Attorney's office, shall be
recorded on the title of the off -site parking lot property. The agreement shall guarantee
a minimum of 30 off -site parking spaces for the uses authorized on the property.
23. Valet parking shall be provided for the restaurant use during all business hours. A final
valet/parking management plan shall be approved prior to the issuance of a certificate
of occupancy. The valet/parking management plan shall also include a statement that
no recreational vehicles, boats, or similar vehicles shall be stored any time at the
subject site, except for the movable trailer uses for storing tables and chairs after
business hours. The approved valet/parking management plan shall be implemented
by the applicant or future operator of the restaurant at all times. Adequate valet
personnel shall be provided to eliminate queuing onto Coast Highway. Valet personnel
shall be stationed at the off -site locations while off -site lots are in use to minimize the
need for valet personnel to cross Coast Highway on foot. Valet personnel shall only
cross Coast Highway at the signalized crosswalk and obey all traffic laws.
la
City of Newport Beach
City Council Resolution No.
Page 8 of 10
24. All parking in conjunction with this use shall be confined to the parking lots over which
the applicant, owner or operator has written rights to park. If, in the opinion of the
Planning Director or City Traffic Engineer, the proposed use creates parking
congestion at the site, the applicant shall immediately resolve the congestion problem
by reducing attendance or increasing valet attendants or through other means until the
parking congestion is eliminated and parking is properly managed. The Planning
Director or City Traffic Engineer has the discretion to require the preparation of a
revised parking management plan.
25. A diagram of the location of the off -site parking lot shall be posted at the entrance of
the restaurant at all times.
26. The parking lot layout including any future changes shall be subject to the review and
approval of the City Traffic Engineer.
27. The on- and off -site parking lots shall have adequate lighting during hours of darkness
for safety of customers and pedestrians.
28. The applicant shall work with the City and adjacent property owner to the east (2547
Coast Highway) to construct the fourth leg to the signalized Coast Highway/Tustin
Avenue intersection. The fourth leg is a vital component to improve valet operation, by
providing a signalized approach at the project driveway. The applicant shall be
responsible for their share of the cost for the signal improvements. Should this signal
improvement not be implemented, the City Traffic Engineer shall require, and the
applicant shall be responsible for, the implementation of other corrective measures
deemed necessary in order to ensure adequate and safe vehicular access and
valet/parking operations.
29. All delivery trucks shall be required to service the restaurant from on -site and shall be
prohibited from loading and unloading on Coast Highway. Deliveries shall be
scheduled outside the peak operating hours of the restaurant so that all access will not
be blocked.
30. 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 use permit approval. 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.
13
City of Newport Beach
City Council Resolution No.
Page 9 of 10
31. The number of plumbing fixtures in the public restrooms shall comply with the Uniform
Building Code (Appendix 29A).
32. A grease interceptor of adequate size shall be required in association with food
preparation activities pursuant to the Building Code.
33. A wash -out area for refuse containers and kitchen equipment shall be provided and the
area shall not drain into the storm drain system. The area shall drain directly into the
sewer system, unless otherwise approved by the Building Director and Public Works
Director in conjunction with the approval of an alternative drainage plan. Washing of
refuse containers or restaurant equipment shall be prohibited outside of the washout
area.
34. All trash shall be stored within the building or within water -tight trash containers stored
within the trash (container) enclosure or otherwise screened from view from
neighboring properties except when placed for pick -up by refuse collection agencies.
The watertight trash containers shall have a lid or top that remains closed at all times,
except when being loaded or while being collected by the refuse collection agency.
The applicant or operator shall maintain the watertight trash containers or receptacles so
as to control odors, which may include the provision of fully self- contained containers or
may include periodic steam cleaning of the containers, if deemed necessary.
35. 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.
36. The applicant or operator, his agents or employees shall immediately allow any properly
identified on -duty Newport Beach Police Officer, no matter whether after normal business
hours or not, access to the facility for purposes of conducting a lawful inspection of the
premise operations at that particular time of the day and night.
37. The applicant or operator shall provide and maintain a clear 5 -foot 6 -inch entry corridor,
as indicated on the floor plan dated April 1, 2004, into the main facility for emergency
access.
38. The applicant or operator shall provide physical control points or other appropriate
measures that would enable employees to regulate patrons in order to comply with
occupancy limits.
39. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control for the restaurant uses shall be a Type 47 for full alcohol service for
on -site consumption only, and only in conjunction with the service of food as the
principal use of the facility. The consumption of alcoholic beverages shall be limited to
the interior of the restaurant. The sale of alcoholic beverages for off -site consumption is
prohibited. Any change in the alcoholic beverage license type shall be subject to the
IQ
City of Newport Beach
City Council Resolution No.
Page 10 of 10
approval of an amendment to this application and may require the approval of the
Planning Commission.
40. 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.
41. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under control of the ABC license.
42. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
43. No food and/or alcoholic beverages shall be allowed in the "smoking" porch area.
44. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall maintain records that reflect separately the
gross sale of food and the gross sales of alcoholic beverages. Said records shall be kept
no less frequently than on a quarterly basis and shall be made available to the City upon
written request.
up2003- 036xre o.dm
15
ATTACHMENT B
PLANNING COMMISSION STAFF REPORT
DATED MAY 6, 2004
t !o
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
May 6, 2004
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
ru nq Q city. newpo rt- beach.ca. us
(949) 644 -3208
SUBJECT: Josh Slocum's Dinner and Supper Club
Use Permit No. 2003 -036
(PA2003 -220)
2601 W. Coast Highway
APPLICANT: Random Interactive, Inc.
REQUEST:
The applicant is requesting the approval of a Use Permit to expand a legal nonconforming
restaurant, named Josh Slocum's Dinner and Supper Club, by providing periodic lunch
service, increasing the occupancy and allowing a nightclub operation with live
entertainment and dancing between 9:00 p.m. and 2:00 a.m. each night. The request also
includes a modification of minimum parking requirements since the use does not provide
code - required parking. This application is a result of the requested expansion of use
occurring without first obtaining a Use Permit.
BACKGROUND:
The existing restaurant was originally established in 1968, prior to the requirement of a
Use Permit for eating and drinking establishments. The site was zoned C -O -Z (Limited
Commercial) which permitted restaurants provided that they met the parking
requirement of one space for every three seats. At that time, the site had a total of 22
on -site parking spaces to accommodate a 66 -fixed seat restaurant (1 space per every 3
seats). Soon after that, the business owner requested an increase in the restaurant's
seating to 80 persons. The site, however, was not large enough to support the parking
for the increase in seating capacity, so the use of off -site parking was requested.
!7,7
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 2 of 20
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VICINITY MAP
2601 W. Coast Highway
Use Permit No. 2003 -036 PA2003 -220
Current
Development:
Josh Slocum's Dinner and Supper Club
To the north:
Commercial Developments
To the east:
Commercial Developments and a legal non conforming residence
To the south:
Lido Isle across the Lido Channel
To the west:
Commercial Developments
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 3 of 20
On October 28, 1968, the City Council considered and approved an off -site parking
agreement, and it was executed October 30, 1968. The agreement shows that the
restaurant had a seating capacity of 80 persons with a total of 32 parking spaces and
10 boat slips for the restaurant. Twenty -two (22) spaces were to be provided on -site,
and 10 parking spaces were to be provided at 2633 W. Coast Highway. The agreement
also provides that if for any reason the private parking lease between the restaurant
and the owner of the off -site lot was terminated, or the parking became unavailable, the
restaurant must either provide sufficient parking at another location, or reduce its
seating capacity to that supported by the on -site parking, or cease operation.
The 1968 off -site parking agreement was violated soon after, when on -site parking was
reduced and seating capacity was increased. Violations of building code related to a
windscreen were documented, and operating hours were also increased. The operator
was put on notice of the violations, and it appears that the restaurant changed
ownership. A request to modify the off -site parking agreement to reflect these changes
was denied by the City in late August of 1969. On August 25, 1969, in a letter to the
restaurant's operator, the City declared the off -site parking agreement null and void due
to if being .breached. Th"e sutSsegoent "�w�ie7 /operator submitted a new request for an
off -site parking agreement in November'of 1972. This request was later withdrawn in
December of 1972 and the City re- affirmed its previous position that there was no valid
off -site parking agreement.
In early 1973, a new owner /operator of the restaurant submitted a request for another
off -site parking agreement. This request was reviewed and approved by both the
Planning Commission and City Council. The off -site parking agreement is dated
May 4, 1973. This agreement specified that 30 parking spaces were required for the
approved seating capacity of 91 persons. The approval was based upon a private lease
agreement for 30 parking spaces between the restaurant and the property located at
2712 W. Coast Highway. The agreement also has several additional conditions:
1. The restaurant shall provide 30 off - street parking spaces.
2. The restaurant hours are from 4:30 p.m. to 2:00 a.m., Monday through Friday.
3. The hours of operation may be adjusted by the Director of Community
Development pursuant to satisfactory evidence as required by the Code Section
20.38.040. (Code numbering in effect at the time)
4. That satisfactory restraints (vehicle wheel stops) be installed to the satisfaction of
the Director of Community Development.
5. A diagram of the location of the off -site parking lot shall be posted at the
entrance of the restaurant.
tq
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 4 of 20
6. Valet service shall be required during all hours of operation.
In July of 1973, the City Council directed the City Attorney's Office to initiate legal
proceedings against the restaurant for violations of the authorized operating hours. The
legal actions initiated by the City were later dismissed by the Superior Court when the
owner of the restaurant agreed to abide by the approved operating hours.
In 1975, the City adopted Ordinance No. 1623 which required restaurants zoned C -O -Z
to obtain a Use Permit. Since it was a restaurant only and the restaurant pre -dated the
effective date of the ordinance which was August 22, 1975, it is legal, nonconforming
and was not required to obtain a Use Permit at that time as long as there were no
significant changes to the historic operational characteristics.
In 1976, the City became aware that the off -site parking was no longer available, and
directed the restaurant owner to either provide replacement parking or to close the
establishment. The restaurant was ordered to close on August 2, 1976, due to its
inability to secure the necessary off -site parking in accordance to the 1973 Agreement.
- The resfau�rant76,Wne�fioperator later sobmitfed atease for 25 parking spaces Iotia;ed at
2633 W. Coast Highway, and the Planning Commission and City Council approved the
lease.
In July of 1977, the Planning Commission and City Council again considered a
replacement parking lease. This parking lease provided 25 spaces behind Mariner's
Square, the commercial development directly across Coast Highway, and was
approved by the City Council on August 22, 1977, subject to 6 conditions of approval.
1. Hours of operation —4:30 p.m. -2:00 a.m. Monday through Friday
8:00 a.m. -2:00 a.m. Saturday and Sunday
2. Off -site parking agreement shall be required guaranteeing 25 parking spaces.
3. Valet service shall be provided during all hours of operation.
4. A diagram shall be provided at entrance to the restaurant showing location of the
off -site parking spaces.
S. Sixteen parking spaces shall be maintained on site with adequate striping and
wheel stops.
6. The parking arrangement shall be reviewed by the Modifications Committee one
year after the City Council approval.
On October 23, 1986, the Planning Commission granted a Use Permit No. 3239
authorizing the expansion in the hours of operation of the restaurant permitting it to
.2a
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 5 of 20
open at 11:00 a.m. for lunch trade. This approval was subject to 25 conditions of
approval. However, in 1989, staff documented the fact that the restaurant never took
advantage of the increased hours of operation, and pursuant to the conditions of
approval and the Municipal Code, the Use Permit became void 24 months after its
approval. Josh Slocum's, thereby, has a legal non - conforming right to operate as a
restaurant subject to the operational characteristics and restrictions of the 1973
Agreement as amended in 1977 since the 1986 Use Permit is invalid.
In 2001, the restaurant began changing its business operations by providing live music
and dancing after dining hours. Table and chairs were cleared from the main dining
room where dancing by the patrons occurred. Recorded music was played by disc
jockey and live bands performed on weekends. The Police Department documented on
several occasions that live bands have performed with sound amplification. There are
no records that a Cafe Dance Permit and /or a Live Entertainment Permit has ever been
sought or issued. The addition of live entertainment and dancing has now substantially
changed the restaurant's original operational characteristics and pursuant to Chapter
20.82 (Eating and Drinking Establishments) and Chapter 20.89 (Alcoholic Beverages
Outlets), a new Use Pe.r'mit'is 'required.
Since the time of the above operating changes, the City has responded to many
complaints regarding noise, live entertainment, dancing and exceeding the permitted
building occupancy creating a potentially hazardous condition. Efforts to discontinue
these activities by letters, meetings, phone calls, inspections, and administrative
citations proved unsuccessful. The City Attorney took legal action before the Superior
Court for injunctive relief to discontinue these unpermitted activities unless and until the
operator obtained the necessary permits from the City.
Following a stipulation to an injunctive order from the Court not to conduct these
activities, the City and the operator eventually agreed in a settlement agreement that
they would be allowed, through the special event process, to have live entertainment
and dancing as a test to determine the effect of these activities and whether or not they
could meet the Code requirements. This event was held on June 22, 2003, at which
time a noise study by a qualified acoustical engineer was conducted at the subject
property.
On September 16, 2003, the operator filed a Use Permit application to allow the
existing establishment to operate as a full- service, eating and drinking restaurant and to
have a nightclub operation with live entertainment and dancing nightly between the
hours of 9:00 p.m. to 2:00 a.m. The application has 2 separate floor plans for the
establishment, one for a full - service dining operation and one for a nightclub
arrangement with fixed dance floor areas. The application also includes a modification
of minimum parking requirements since there has been a reduction in on -site parking and
the combined total spaces provided on and off -site does not meet code requirements.
a•
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 6 of 20
On November 26, 2003, Planning staff and representatives from the Police Department
conducted a site visit to the establishment. The establishment had a bar /lounge
arrangement with sofas and love seats from the previous night. The operator indicated
that this type of setup is typical of weeknights after the dinner hours, whereas dancing
and live entertainment typically occurs on weekends.
DISCUSSION:
Site /Project Overview
The subject property is located on the south side of Coast Highway, directly across from
Tustin Avenue, within the Mariner's Mile District, and has a zoning designation of RMC
(Recreational and Marine Commercial). A narrow and deep lot, the property is
approximately 10,100 square feet in size and is improved with a 3,987 square foot single -
story commercial building. Occupying the southerly half of the property, the existing
building is located behind a paved parking lot with no landscaping. The building has a
__.;,_ covered porch of approximately 63 square feet in size that is currently being used as a
smoking and waiting area.
Restaurant Operations:
The 3,987 square foot restaurant has a Net Public Area (NPA) of approximately 2,167
square feet, which includes the dining areas, a bar, the waiting /hallway area, and the
smoking porch. The remaining floor area of 1,820 square feet is devoted to ancillary
uses ( kitchen / storage /office /waiting /restroom). The restaurant currently opens for
business from 5:00 p.m. to 2:00 a.m., seven days a week.
In addition to the current hours of operation, the applicant is proposing to open for lunch
on Saturdays, Sundays, and holidays at 11:00 a.m. Neither live entertainment nor
dancing will be provided during lunch or dinner. Full meal service will be provided during
all the restaurant hours (see Exhibit 4).
The current posted occupancy load for the existing restaurant issued by the Building
Department on October 23, 1997, is 133 persons (90 persons in the dining areas, 39
person in the bar area, and 4 persons in the waiting area). This calculation does not
include the restaurant's employees.
The existing non - conforming restaurant is now classified as a full - service, low turnover,
eating drinking establishment. The proposed 143 - person occupancy load will be
distributed as follow: 117 persons in the entire dining area, 14 persons in the bar area,
and 12 persons in the waiting /hallway area. This number does not include 7 employees.
W
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 7 of 20
Proposed Nightclub Operation with Live Entertainment and Dancing:
The applicant is proposing to have dancing and live entertainment on the premises after
the dinning hours each night. The applicant charges a cover charge and as such,
dancing is not possible with a Cafe Dance permit. Therefore, the activity cannot be
classified as a restaurant with dancing and live entertainment. Staff has determined that
the use after 9:00 p.m. is classified as a nightclub. However, the nightclub will not
operate each night and will likely operate Thursday through Sunday nights; even though
the applicant is requesting approval to allow entertainment and dancing seven days a
week. After the dining hours, all tables and chairs in the main dining area will be
removed from the building and stored in a moveable trailer. This trailer will be parked on
the street in the area during business hours and on the property after the business
hours. Pre - recorded music played by restaurant staff or by a disc jockey will be
provided Monday through Saturday. The existing coat room located across from the
men's restroom is used as a DJ's booth. Live entertainment will only be provided on
.._Sunday evenings with a variety of band types.
Security will be provided in the evenings and access will be controlled with an admission
charge after 9:00 p.m. each night. Eight security personnel will be on site during the
nightclub hours.
The establishment is proposing to have two fixed dance floors. The main dance floor is
approximately 591 square feet and will be located in the center of the establishment.
The smaller upper dance floor will be located on the opposite side of the bar and is
approximately 260 square feet in size. The remaining NPA will be utilized as lounge
areas with tables, chairs, and couches.
The submitted floor plan shows a 190 - person occupancy load for the nightclub
operation, which is distributed as follows: 122 persons in the dancing areas, 14 persons
in the bar area, 42 persons in the lounge area, and 12 persons in the waiting /hallway
area. There are eight employees for the nightclub, not including the security guards.
The establishment may have different arrangements to accommodate a smaller crowd
on some weeknights, including leaving the restaurant setup intact and not shifting to the
nightclub operation.
The table below provides a summary of basic operational characteristics for the
restaurant and nightclub.
�3
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 8 of 20
Analysis
Josh Slocum's may not expand or intensify its existing operational characteristics
without the approval of a Use Permit since it is a legal non - conforming use. A Use
Permit is now required because the applicant is proposing to alter the operation
characteristic of the existing restaurant by:..
1. Increasing the occupancy load to 143 for the dining arrangement and 190
persons for the nightclub /lounge arrangement;
2. Provide dancing and live entertainment on the premises;
3. Modify Condition No. 2 pertaining to the off -site parking agreement and
Condition No. 5 pertaining to the total required number of on -site parking spaces
of the 1973 Agreement as amended in 1977.
The establishment is presently operating with Type 47 ABC License (On -Sale General
Eating Place) without a Use Permit. The applicant intends to utilize the same license for
the establishment. Since there will be a substantial change in the operating
characteristics of the establishment (provision of live entertainment and dancing, change
in occupancy load, and change in business hours), a Use Permit is also required per
Section 20.89 (Alcoholic Beverage and Outlet Ordinance).
General Plan
The City's General Plan designates the site as Recreational and Marine Commercial
(RMC). The Recreational and Marine Commercial category is applied to waterfront
commercial areas where the City desires to preserve and encourage uses which
facilitate a marine commercial and visitor serving orientation. Allowed uses include
visitor - serving commercial (social clubs, hotels, restaurants, etc.). The restaurant and
nightclub is a permitted use in the Recreational Marine Commercial land use
designation.
ay
Hours of
Net Public
Occupancy
Dancing
DJ's /Live
Operation
Area
(Estimated)
Music
(Inside &
Porch
Restaurant Setup
5:00 p.m. -9:00
2,167s.f.
143
No
No
p.m. (M -F)
11:00 a.m. — 9:00
p.m. (Sat -Sun)
Nightclub Setup
9:00 p.m. — 2:00
2,167 s.f.
190
Yes
Yes
a.m. (every night)
Analysis
Josh Slocum's may not expand or intensify its existing operational characteristics
without the approval of a Use Permit since it is a legal non - conforming use. A Use
Permit is now required because the applicant is proposing to alter the operation
characteristic of the existing restaurant by:..
1. Increasing the occupancy load to 143 for the dining arrangement and 190
persons for the nightclub /lounge arrangement;
2. Provide dancing and live entertainment on the premises;
3. Modify Condition No. 2 pertaining to the off -site parking agreement and
Condition No. 5 pertaining to the total required number of on -site parking spaces
of the 1973 Agreement as amended in 1977.
The establishment is presently operating with Type 47 ABC License (On -Sale General
Eating Place) without a Use Permit. The applicant intends to utilize the same license for
the establishment. Since there will be a substantial change in the operating
characteristics of the establishment (provision of live entertainment and dancing, change
in occupancy load, and change in business hours), a Use Permit is also required per
Section 20.89 (Alcoholic Beverage and Outlet Ordinance).
General Plan
The City's General Plan designates the site as Recreational and Marine Commercial
(RMC). The Recreational and Marine Commercial category is applied to waterfront
commercial areas where the City desires to preserve and encourage uses which
facilitate a marine commercial and visitor serving orientation. Allowed uses include
visitor - serving commercial (social clubs, hotels, restaurants, etc.). The restaurant and
nightclub is a permitted use in the Recreational Marine Commercial land use
designation.
ay
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 9 of 20
Hours of Operation
The existing restaurant currently operates from 5:00 p.m. to 2:00 a.m., seven days a
week. The applicant is proposing to be open for lunch at 11:00 a.m. on Saturdays,
Sundays, and holidays. Staff does not have any concerns with the proposed lunch
hours provided sufficient parking is available. The late night hours associated with the
nightclub can lead to noise issues and other land use compatibility problems. We have
received complaints from Lido Isle residents regarding noise.
Dancing and Live Entertainment
The applicant is proposing to have live entertainment and dancing on the premises. As
mentioned before, the establishment has been operating as a restaurant since 1968
with no history or previous documentation of having dancing and /or live entertainment
permitted on the premises. The applicant is proposing to have the entire main floor area
_free of tables and chairs for the nightclub activities after 9:00 p.m. each night. This area
will then have -a higher occupancy load: Orily the lower lounge area located at the back
of the building, which was formerly an open patio that was enclosed, will have tables
and chairs.
During the course of reviewing the request for dancing and live entertainment, staff has
worked with the applicant's architect extensively to achieve a more realistic floor plan
arrangement to meet the Building and Fire Safety Codes. The plan now includes fixed
dance floor areas that will be clearly delineated with physical marking, clear aisles
around the dance floors for internal circulation and emergency exiting, and adequate
plumbing fixtures in the restrooms.
A Cafe Dance permit is not required since a cover charge will be assessed after the
dinner hours and, therefore, pursuant to Chapter 5.32 of the Municipal Code, the
activity is classified as a dance hall or nightclub by today's terminology. A Live
Entertainment Permit, however, is required according to Chapter 5.28.
Noise
Staff is concerned that the live and recorded music from the establishment may
generate negative noise impacts to surrounding properties and Lido Isle residences.
As stated in the background section of the staff report, noise from loud music is the
most common complaint received by the City. Noise from recorded music and live
bands are heard by the residents on Lido Isle. The establishment also has the tendency
to attract larger crowds than the establishment can accommodate resulting in a queue
of patrons waiting in the parking lot who also create noise. The close proximity to the
water, which does little to absorb sound, can make noise more noticeable in the
as
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 10 of 20
surrounding areas. Lastly the building is not constructed with maximum sound
attenuation features.
Staff required the preparation of a noise study because of these concerns. The study
was prepared by BridgeNet International, a qualified noise consultant (see Exhibit 5).
The noise survey was conducted at the subject property on June 22, 2003, between
8:00 p.m. and midnight. Noise samples were taken from six different sites: within the
building, immediately outside the. building, at the balcony of the property that is east of
the establishment, across Coast Highway, at a park on Lido Isle and by the bridge
connecting Lido Isle to the Balboa Peninsula. Noise measurements were made of both
the ambient conditions and the noise levels generated by entertainment activities at the
establishment.
The study concluded that existing ambient noise levels in the area generated by boat,
aircraft, and traffic are fairly high. Therefore, noise generated from the nightclub does
not exceed the maximum allowable exterior noise level within residentially zoned
property of 50 dBA, and 60 dBA for commercially zoned property from 10:00 p.m. to
7:00 a.m. As a = result, no noise mitigation measures are- required. However, noise from
live entertainment was audible at Lido Island.
Even though the noise study does not call for any noise mitigation, staff believes
controlling the noise level of live entertainment and recorded music could be beneficial
to the surrounding uses, especially to Lido Isle residents, some of whom have
complained of noise in the past. It is the opinion of staff that the approval of the
application for live entertainment and dancing should be considered only if the
operational and physical characteristics of the business will be changed to provide a
reasonable assurance that noise problems and complaints are eliminated. Similar
conditions have been successfully implemented in other establishments (Joe's Crab
Shack and Club M) that have comparable live entertainment and dancing provisions.
Staff recommends the following conditions should the nightclub with live entertainment
be authorized:
1. All windows located along the southerly (water) side of the establishment shall be
removed and replaced with fixed windows using an acoustically engineered laminated
glass product or dual or triple pane windows specifically designed to reduce sound
transmission. The specific windows installed should be as recommended by an
acoustical engineer.
2. The establishment shall install a new house sound system that employs state of the art
matrix controls. Large speakers shall be eliminated in favor of smaller, highly directional
speakers that surround the audience.
3. All amplified instruments shall utilize the new house sound system. Additional sound
amplification devices or speakers shall be prohibited.
W,
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 11 of 20
4. The house sound system shall be calibrated by a qualified acoustical consultant who
shall adjust the controls to a level that complies with the Newport Beach Municipal Code
Chapter 10.26, Community Noise Control standards. The qualified acoustical consultant
shall be hired by the City of Newport Beach with the expense of the consultant being the
responsibility of the applicant.
5. The controls of the calibrated sound system shall be located in the establishment's
office to eliminate tampering. Access to the office shall be controlled by the operating
manager of the establishment.
6. Based on the calibration of Condition No. 4, a sound level standard shall be established
for the interior of the establishment during a musical performance. This standard shall
be based on the C- weighting scale in order to properly address the low frequency sound
of bass instruments.
7. The establishment shall rent or purchase a calibrated integrating sound level meter
capable of measuring and displaying C- weighted noise levels. An acceptable alternative
is a signaling device that identifies when the standard of Condition No. 6 is exceeded.
8. All performers shall be made aware that the establishment is a noise - sensitive venue"
and informed of the need to control the volume of their music during performances.
9. All performers shall be made aware that the establishment reserves the right to adjust
the amplifier and equalizer settings during a performance, or to stop the performance
entirely, in the event the noise is excessive.
10. The establishment shall designate a contact person who will be responsible for
responding to community complaints regarding noise impacts.
11. No speakers shall be allowed outside in the porch /entrance area. No noise enhancing
measure shall be used to channel music outside of the enclosed building.
12. All doors and windows shall be closed during live performances except as needed for
the ingress and egress of patrons and staff.
Parking and Circulation
As previously mentioned, the existing restaurant does not provide the minimum number
of on -site parking spaces required by code. The property is limited in size. As a result,
the restaurant has been dependent upon the use of off -site parking for most of its
existence. The restaurant's seating capacity has historically been fixed directly to the
amount of parking spaces provided.
The current parking demand for the existing restaurant is dictated by the City's 1973
parking agreement as amended in 1977. According to this agreement, the restaurant
must provide a valet parking service and a minimum of 41 parking spaces: 16 on -site
and 25 off -site spaces for both the restaurant and boat slips. The required parking for
a�
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 12 of 20
the restaurant was based upon the previous code standard of 1 space per 3 seats and
.75 of a parking space per each boat slip (38 spaces for the restaurant and 3 spaces for
4 boat slips). Furthermore, a certificate of occupancy issued by the Building Department
in October 23, 1997, limits the restaurant to a maximum of 133 persons. This
occupancy limit was based on standard Uniform Building Code criteria and was not
evaluated for compliance with the off -site parking agreement.
The site has a direct access to Coast Highway and currently has a total of 13 parking
spaces (1 handicap and 12 standards). The establishment also currently has an off -site
parking agreement with Mariners Mile Company for a total of 26 spaces at the property
directly across the street, behind the Stefan Kaalin Ski and Golf (formerly Peter Glenn Ski
& Sports) building (see Attachment No. 8). The term of this parking agreement is from
July 1, 2001 to December 31, 2004.
As the applicant is now proposing to increase the occupancy load of the existing
restaurant, from 133 to 143 for dining and up to 190 persons for the nightclub, it is
necessary to reevaluate the parking demand and off -site parking arrangement.
:presently, the parking Fatio fora full- service, low turnover restaurant is within a range-of
one space for every 30 to 50 square feet of net public area. Since the applicant wishes
to continue to provide upscale, fine dining for their patrons at the existing
establishment, a parking ratio of 1 space for 50 square feet is a sound measurement for
determining parking demand. This ratio for this type of operational character is also
consistent with past applications.
The total Net Public Area (NPA), which includes the dining areas, waiting area, and
outside porch, for the restaurant is 2,167 square feet, with parking requirement of 43
spaces (2,167/50). In addition to the restaurant use, the property has 3 boat slips that
belong to the property owner and are not a part of the restaurant operation. An
additional 3 off - street parking spaces (.75 parking space for each boat slip) for these
slips is required per Code. The grand total of parking spaces that the applicant is
required to provide is 46 spaces for the restaurant and the boat slips.
The site presently has 13 parking spaces instead of 16 as once provided. The 3 space
reduction was-partly caused by the provision of the handicap parking spaces and the
re- striping over the years to larger spaces since compact stalls are no longer permitted.
The total number of off - street parking spaces proposed to be provided by the applicant
is 43 spaces (13 on -site and 30 off -site) until 9:00 p.m. each night. The applicant has
successfully negotiated with Mariners Mile Company for an additional 4 parking spaces
to be available until 9:00 p.m. each night (see Exhibit 9). With 40 spaces proposed to be
provided, the project will be 3 spaces short. The applicant is requesting that the
remaining 3 -space shortage be waived by the Planning Commission. The presence of
the municipal parking lot behind Margaritaville Restaurant with access from Tustin
Avenue can be used to support the parking waiver request during the restaurant hours.
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 13 of 20
Since the occupancy for the establishment will be much higher for nightclub use, a
parking ratio of 1 space for every 30 square feet was used to determine the parking need
during these hours, resulting in a parking requirement of 72 spaces. The boat slips may
not be frequently used after 9:00 p.m. so they were not included in this total. To
accommodate the nightclub activity from 9:00 p.m. to 2:00 a.m. each night, the applicant
proposes to provide an additional 35 off -site parking spaces at the same off -site location.
A letter dated July 3, 2003, from Mr. Ned McCunn of Mariners Mile Company, stated that
an additional 35 parking spaces would be leased to the applicant upon the approval of
this Use Permit application (Exhibit No. 6). A total of 74 (13 on -site and 61 off -site)
parking spaces will be provided after 9:00 p.m. each night. Additional parking on this off -
site lot will not create an undue traffic hazard in the surrounding area during normal
operations because there is a signalized intersection at Tustin Avenue and there will be a
valet/parking management plan approved by the Public Works Department. Staff is,
however, concerned that the off -site parking lot owned by Mariners Mile Company may
have been leased to several different users without the City's involvement. To ensure that
the required number of parking spaces for the establishment will be provided and
maintained at all times, the applicant will be required to enter into a parking agreement
with the City.
The project site may have circulation problems during peak activity times. Traffic ingress
to the site's parking lot could result in cars queuing along Coast Highway while waiting for
valet parking services. This can create a traffic hazard and negatively impact traffic
movement along the highway. To address these concerns, the applicant has submitted
a valet/parking management plan describing the functional characteristics of the valet
operation. A diagram of the off -site parking lot behind the Stefan Kaalin Ski and Golf
building is also provided. The diagram shows a total of 61 spaces of which 30 spaces
will be available until 9:00 p.m. each night and the additional 31 spaces will be available
after 9:00 p.m. each night. The City Traffic Engineer has reviewed and initially approved
the draft parking lot layouts on both on- and off -site lots with minor adjustments. A final
approval for these plans is required.
The City Traffic Engineer also is working with the applicant, the adjacent property owner
to the east, and the State Department of Transportation regarding the future improvement
of the fourth leg of signalization at the Coast Highway and Tustin Avenue intersection.
Presently, the property's only driveway exits directly into this intersection where there is
not a traffic regulating signal for the cars exiting the site. This improvement would provide
full signalization for cars making left and right turns from the site. The applicant has
submitted a letter of intent in support of this request (Exhibit 7). With this improvement,
the increased activity at the site, with the valet operational plan, should function
acceptably and alleviate potential circulation /access concerns.
2
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 14 of 20
Design and Development Standards for Restaurants, Bars and
Cocktail Lounges
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants, bars, and cocktail lounges as outlined below, to ensure that any proposed
development will be compatible with adjoining properties and streets. The development
standards include specific requirements for site requirements, building setbacks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping,
exterior illumination, underground utilities, and supply and refuse storage. Section
20.82.040.D of the Municipal Code states that any of the above mentioned
development standards for restaurants may be modified or waived if strict compliance is
not necessary to achieve the purpose or intent of the standard.
Development Standards
2Q
.:REQUIREMENT.:'.
PROPOSED -' - -.:..' - .. ... .. ..: .....
Site:
Site shall be of sufficient size and configuration to
Does not Comply. The site is 10,100 square feet in size
- satis%— ,_--a;l- .=.requirements for - off- street ,parking,_
and is improved with a 3,987 square foot single - story
setbacks, curb -cuts, walls, landscaping and refuse
commercial building. The site does' not meet lhe'
storage as provided by Section 20.82.040 of the
minimum lot size to accommodate the required
Municipal Code.
landscaping and number of on -site parking. Off -site
parking is provided.
Setbacks:
The City may establish more restrictive setbacks if it is
Complies. The existing commercial building was
determined that it is necessary or desirable for the
constructed and operated as a restaurant since 1968.
protection of the public health, safety or welfare or to
The building complies with the current setback
insure the compatibility of uses on contiguous
requirements.
properties.
Of- Street
Off- street parking in accordance with the provisions of
Partially Complies. The site presently has 13 parking
Parking:
Chapter 20.66 of the Municipal Code
spaces. A total of 46 parking spaces are required for the
restaurant use until 9:00 p.m. each night. There will be a
total of 43 spaces provided during this time period, a
shortage of 3 spaces. The applicant is requesting a
parking waiver of 3 spaces. A valetfparking management
plan has been prepared to accommodate the existing
restaurant and the proposed nightclub activities and is
subject to the Traffic Engineers approval. A total of 72
parking spaces are needed for the nightclub, and 74
spaces will be provided.
Circulation:
Parking areas and driveways to facilitate traffic and
Partially Complies. The existing on -site parking lot and
circulation of vehicles on and around the facility and to
off -site lot have been reviewed and approved by the City
provide adequate sight clearances.
Traffic Engineer. Potential circulation problems during
peak activity times may occur both on and off- sites. An
approved valet parking plan and future signalized
improvements at the Coast Highway and Tustin Avenue
intersection should address this issue.
Walls:
A solid masonry wall 6 feet high shall be erected on all
Does not comply. The site has exiting wooden fencing
interior property lines of the subject property. Walls 3
along the east and west (internal) property lines. These
feet ir height shall be erected between the on -site
fences vary in height from 4 to 5 feet.
parking areas and the public right-of-way.
Landscaping:
10% of entire site, 3 -foot wide landscape area shall be
Does not comply. The site was developed in 1968 with
provided to screen the parking area from the public
modest landscaping. A large planter area of
right -e -way. A 3 -foot wide landscape area adjacent
approximately 252 square feet is situated in front of the
to the interior property lines shall be provided.
building, which provides for 2.49% of landscaping of the
entire site.
2Q
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 15 of 20
•
REQUIREMENTut.'.•' -.4 : _. i..• P. v.
ROROSED s„ .• . ..
1:
ugntng:
Parking lot and sae ilwminat,on height and inlens�ry. to
Complies. The property has adequate ugmng ano aces
minimize the reflection of lights to the streets and
not create problems with glare onto surrounding
neighboring properties.
properties. No additional lighting is proposed for the
subject site. Improved lighting of the off -site parking area
has been conditioned.
Utilities
All utilities required to be under grounded.
Complies. The project site is existing and is served by
under round utilities.
SupplyStoragel
supply storage to be contained within a building.
Complies. No outdoor storage of supplies is permitted,
Refuse Storage
Refuse storage outside of a building shall be hidden
Complies. The site has an existing trash storage area
from view by a solid masonry wall 6 feet in height with
located on the northwest comer of the building which
self-locking gates.
appears sufficient in size to accommodate refuse.
Alcoholic Beverage Outlet (ABO) Ordinance
Section 20.89.030.13 of the Alcoholic Beverage Outlet Ordinance (ABO) requires the
Planning Commission to consider the following factors:
1. Whether the use serves public convenience or necessity.
2. The crime rate in the reporting district and adjacent reporting districts as compared to
_ .. other areas in.tbR City
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county -wide average.
4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential districts, day care centers,
park and recreation facilities, places of religious assembly, and schools.
In accordance with the foregoing, and in order to provide the Planning Commission with
the necessary data and analysis to make the required finding for the approval of a Use
Permit, each of the factors above is discussed as follows:
1. Public Convenience or Necessity. Alcohol service is typically expected at
nightclubs. The provision of alcohol within a nightclub will meet the convenience of the
public but may not be a necessity.
2. Crime Rate. Citywide, there were 7,057 crimes reported during calendar year
2002, of which 2,609 were Part One Crimes (serious offenses). The remaining 4,448
were Part Two Crimes that include alcohol related arrests. The project site is located
within Police Reporting District No. 25. For the calendar year of 2002, (which is the
most current data available), Reporting District No. 25 had 94 Part One Crimes and 231
Part Two Crimes.
The part one crime rate for RD No. 25, two adjacent RD's, City, California and National
averages are shown in the following comparison:
�j
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 16 of 20
RD No. 24: 3,395.91
City Average: 3448.23 (per
100,000peo le
RD No. 25: 3,395.95
California: 3902.90 (per
100,000 eo le
RD No. 26: 4,073.93
National: 4160.50 (per
100,000 people)
The adjacent Reporting Districts are 24 and 26. RD No. 24 had 161 Part One Crimes
and 274 Part Two Crimes. RD No. 26 had 108 Part One Crimes and 198 Part Two
Crimes.
The Police Department notes that the crimes in the area are fairly significant due to the
high concentration of commercial uses within RD No. 25. The Police Department has
no objection to the existing restaurant operation and they are not supportive of the
nightclub activities as proposed at the establishment due to the increased need for
police services (Exhibit No. 3).
3. Over Concentration. There would be no increase in the number of active licenses
within RD No. 25 with this application. There are 23 active ABC licenses within RD No.
25. The number of current active ABC licenses is the total of all types of licenses known
to the Police Department. As of May 1, 2003, the Orange County average of active,
retail ABC licenses was one license for every 592 residents (4,805 licenses with a
population of 2,846,289). The census tract within which the establishment is located
has a higher ratio of liquor licenses when compared with the average ratio for Orange
County since there is very limited population within the census tract. However, as noted
above, the Mariner's Mile District has a high number of eating and drinking
establishments. The area is typified by full - service, sit -down restaurants that are
considered complementary to the area.
4. Alcohol Related Crimes. The Police Department has provided statistics for
driving under the influence and plain drunk arrests. There were a total of 133 arrests,
with 57 driving under the influence arrests and 41 plain drunk arrests within RD No. 25
in 2002. The percentage of alcohol related arrests within RD No. 25 is 74% (98/133).
The alcohol - related arrest rate in the two adjacent reporting districts is 49% for RD No.
24 and 45% for RD No. 26.
City -wide, alcohol related arrests account for 40% (1,608/4,005) of all arrests made. RD
No. 25 amounts to 6.09% (98/1608) of the DUI /Drunk arrests made in the City.
Alcohol - related arrests within RD No. 25 are higher than the city -wide average and the
two adjacent RD's. The higher number of alcohol - related arrests in RD No. 25 can
partially be explained by the fact that Coast Highway runs through the Reporting
District. With the existing establishment continuing to operate as a restaurant, the
Police Department does not believe that the expansion in hours and occupancy in
3a
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 17 of 20
conjunction with the restaurant will generate a significant number of alcohol - related
incidents. However, the Police Department believes the nightclub activity may
contribute to higher alcohol related incidents. Police Department documentation shows
that many stops /arrests are associated with alcohol consumption at bars and nightclubs
located along Coast Highway in and outside of the reporting district.
5. Adiacent Uses. The site is located within Mariner's Mile District and is not
adjacent to sensitive land uses except for a legal nonconforming residence located on
the adjacent property to the east. The site is surrounded mostly by commercial uses,
except for several non - conforming residential units located directly east of the subject
property. There are no day care centers, schools, or park and recreation facilities in the
vicinity of the project site. Lido Isle is located approximately 755 feet southeast of the
subject property.
In accordance with the ABO Ordinance, the Police Department has reviewed the Use
Permit application and has determined that no additional conditions related to design
and security are necessary.
Newport Beach Police Department Concerns
The Newport Beach Police Department provided staff with a comprehensive report,
which is attached to this staff report as Exhibit 3. In the report, the Police Department
cites the higher than average number of crimes in the reporting district. The site is
located within Reporting District No. 25 that had a total of 325 crimes in 2002 as
compared to a citywide reporting district average of 186 crimes. The number of crimes
is 75% above the citywide reporting district average. The total number of crimes
reported in the two adjacent reporting districts also exceeds the citywide average. The
Police Department cites these statistics in the light of the intent of City Council Policy K-
7 that would indicate that new bars or a nightclub within an area where the number of
crimes exceeds the citywide average by 75% is not acceptable.
The report goes on to state concerns with the past un- permitted entertainment activities
conducted on the subject property that resulted in overcrowding, noise, parking /traffic,
insufficient restroom facilities, alcoholic beverage related crimes and disturbances. To
address these issues, the applicant is agreeing to a much lower occupancy load for
dining and nightclub operations than originally proposed, as demonstrated in the
submitted floor plans. The restroom facilities now meet Building Code requirements
(number of occupant and plumbing fixture ratio). A parking management plan has been
formulated for the establishment that should alleviate potential parking and traffic
problems both on- and off -site. Furthermore, the Police Department is recommending a
list of operating conditions to ensure that the establishment would curtail additional
demand for law enforcement services. This list has been included in the draft Planning
Commission resolution for the Commission to consider should the Commission wish to
approve the nightclub.
33
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 18 of 20
Public Comments
Staff has received comments from the general public (see Exhibit 11), mainly from Lido
Isle residents. Mr. Martin Weinberg of 100 Via Lido Nord expressed concerns with
excessive loud music from the establishment and has made numerous noise
complaints to the Police Department. Mr. Weinberg also is requesting that the
establishment have similar noise conditions that were imposed on Joe's Crab Shack. .
In the past, adjacent commercial property owners have notified staff of increased
vandalism, trash, and trespassing by patrons waiting to enter the establishment.
Additionally, staff received complaints from residents of the adjacent nonconforming
residences about excessive noise.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the-Caiifornia Environmental Quality Act under Class 1 (Existing
Facilities). There will be no significant environmental impact as the proposed project is
located in a fully developed area. The site is also devoid of any significant environmental
resources and no construction is proposed.
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.
CONCLUSION:
Section 20.91.035 of the Newport Beach Municipal Code provides that in order to
approve any use permit, the Planning Commission shall find that the establishment,
maintenance or operation of the use, or building applied for will not, under the
circumstances of the particular case, be detrimental to the health, safety, peace, morals,
comfort, and general welfare of persons residing or working in the neighborhood of such
proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Staff believes that the findings for approval of a Use Permit for the expansion in hours
and occupancy of the restaurant can be made in that it is not likely that the operation
will prove detrimental to the community should it comply with all the conditions of
approval. The property has been improved as a restaurant since 1968, even though
parking has always been an on -going problem. With the proposed off -site parking
34
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 19 of 20
arrangement, valet parking plan, and future traffic improvements required by the Traffic
Engineer, the site should support to the restaurant operation. The on -site consumption
of alcoholic beverages in conjunction with a full - service, fine dining restaurant use is
viewed as complementary to the Mariner's Mile District. Therefore, staff believes that
the required findings of the ABO can be met and the continuing of sale and
consumption of alcoholic beverages in conjunction with meals at the restaurant should
not prove detrimental to the community. The shortage of 3 spaces can be justified due
to the close proximity of the municipal parking lot located behind Margaritaville
Restaurant where additional off - street parking is available.
Staff, however, is concerned with the nightclub request even though many of the issues
can be alleviated through conditions of approval. If the proposed use operates within
the parameters of the conditions of approval, the negative issues associated with the
application discussed within this report should be minimal. Other similar establishments
have been fitted with appropriate sound attenuation devices that keep the noise levels
within appropriate levels so that any noise emanating from the establishment does not
adversely impact other uses in the area. Crime in the area and the concerns of the
Police Departmefit are cau8e for concern and caution. Adequate provision of security -
forces on the premises to control the patrons during the nightclub hours would reduce
noise, traffic, public nuisance, and loitering related problems. in the neighborhood. With
the strict adherence to the parking agreement with the commercial property across
Coast Highway and the approved valet/parking management plan, the establishment
will provide adequate parking, orderly traffic movement to and from the establishment,
and will not be a nuisance to the neighborhood. If the operator fails to operate within the
operational constraints of the Use Permit and creates a public nuisance, the City would
have the ability to take the appropriate measures to ensure compliance, or revoke the
Use Permit.
RECOMMENDATION:
The Commission has two options with this application:
1. If the Commission believes the application as conditioned will not prove
detrimental to the community, the Commission can approve the request by
adopting the attached draft resolution (Exhibit 1).
2. If the Commission believes that the expansion of the restaurant is acceptable but
the proposed nightclub will prove detrimental to the community, staff has
prepared a draft resolution approving the expanded restaurant and denial of the
nightclub (Exhibit No. 2).
35
Prepared by:
Exhibits
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 20 of 20
Submitted by:
r Patricia L. Temple, Panning Director
1. Draft Resolution No. 2003 -_; findings and conditions of approval for the
restaurant expansion, parking waiver, and nightclub
2. Draft Resolution No. 2003 -_; findings and conditions of approval for the
restaurant expansion and parking waiver, and findings of denial for the nightclub
3. Police Department Report
4. Restaurant Menu
___..5,... -:... Noise-Study by BridgeNet- -: _ -. .
6. Letter from Ned McCune for additional 35 spaces
7. Traffic Light Improvements Letter
8. Existing Parking Lease Agreement
9. Additional 4 Parking Spaces for Dinner Time
10. Proposed Parking Management Plan
11. Public Comments
12. Project Plans
3b
ATTACHMENT C
PLANNING COMMISSION
RESOLUTION NO. 1633
37
RESOLUTION NO. 1633
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -036 AS MODIFIED FOR PROPERTY LOCATED AT 2601
W. COAST HIGHWAY (PA2003 -220)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Random Interactive, Inc., with respect to property
located at 2601 W. Coast Highway, and legally described as Lot 5 of Tract 919, requesting
approval a Use Pen-nit to expand the operation of a restaurant named Josh Slocum's Dinner
and Supper Club, currently operating with a Type 47 (On -Sale General Eating Place) License,
by increasing the occupancy, extending the hours of operation to include periodic lunch service
and operating a nightclub with live entertainment and dancing, from 9:00 p.m. to 2:00 a.m.,
every night. The request also includes a modification of minimum parking requirements since
the use does not provide code required parking.
WHEREAS, the existing restaurant was originally established prior to the requirement
of Use Permit, therefore, it is a legal nonconforming use.
WHEREAS, a Use Permit is required pursuant to Sections 20.82.060 (Changes in
Operational Characteristics) of the Municipal Code since the application proposes changes to
the operational characteristics of the establishment by extending the hours of operation to
include periodic lunch service, increasing the building occupancy load and providing nightclub
with live entertainment.
WHEREAS, a public hearing was held on May 6, 2004 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was given. The application including submitted plans and
other evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
WHEREAS, the site is designated Recreational and Marine Commercial by the General
Plan Land Use Element and zoned SP -5 (Mariner's Mile Specific Plan) which designated the
site as Recreational and Marine Commercial. Restaurants and nightclubs are allowed uses
within these designations subject to the approval of a Use Permit.
WHEREAS, the proposed expansion of the existing restaurant 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 for the following reasons:
1. The project is located in a water front commercial area that also includes several other
restaurants, some of which provide entertainment activities. Surrounding land uses are
dominated by retail marine commercial and visitor serving uses including restaurants.
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 10
Restaurants and nightclubs are expected to be found in this and similar locations in
the city and the uses are complimentary to the surrounding commercial area.
2. The expansion of the restaurant hours to include lunch service Saturdays, Sundays,
and holidays and increased in occupancy load has been conditioned in such a manner
to require strict adherence to safety regulations. Additionally, the increased off -site
parking will be provided. The project design and operational characteristics, as
conditioned, meet the intent of the Zoning Code.
3. With the proposed off -site parking arrangement, valet parking plan, future traffic
improvements required by the Traffic Engineer, the site will conducive to the increased
intensity of use as a restaurant operation.
4. The subject site is not located in close proximity to residential districts, day care
centers, schools, park and recreation facilities or places of religious assembly. Lido
Isle is located an approximately 755 feet southeast of the subject property.
WHEREAS, the request to increase the occupancy of -the existing restaurant from 133
to 143 persons would thereby increase the level of alcohol consumption on the premises, and
could potentially raise the level of alcoholic related incidents that have been the concern from
the Police Department, has necessitated the requirement of applicable conditions for the
existing ABC Type "47" License.
WHEREAS, the proposed increased use of off - street parking with the restaurant
portion of the project is acceptable for the following reasons:
1. The location of the off -site parking lot (2700 West Coast Highway) is useful in
conjunction with the establishment given its close proximity to the project site. The lot
is located approximately 275 feet north of the project site on the west side of Tustin
Avenue.
2. Pedestrian access between the off -site lot and the project site is accommodated on
public sidewalks and a crosswalk at the signalized intersection of Tustin Avenue and
Coast Highway.
3. Undue traffic hazards will not be created in the surrounding area with the
implementation of a valet/parking management plan and signal improvements
requested by the Traffic Engineer. The off -site parking lot is served by adequate street
access from Tustin Avenue via an existing improved public alley.
WHEREAS, the proposed nightclub operation at the site will 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 be detrimental to the properties or
improvements in the vicinity or to the general welfare of the City for the following reasons:
39
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 10
1. The subject site is not adequate in size to support the proposed nightclub activities
due the lack of on -site parking. The site provides only 18 % of the minimum required
parking. The establishment has and will attract larger crowds than it is designed to
accommodate resulting in increased noise, traffic, trespassing and loitering. The site
does not provide adequate area for patron entry queuing as it primarily occurs in the
parking areas. Patrons waiting to enter the nightclub are not afforded adequate restroom
facilities.
2. The increase use of the off -site parking lot will create increased noise, traffic and general
activity during late night hours. The off -site parking lot is located near residences on
Tustin Avenue and Ocean View Avenue.
3. The building that would house the nightclub use is not constructed with maximum sound
attenuation features. Although additional sound attenuation measures and operational
restrictions can be required, noise impacts associated with live entertainment cannot be
entirely mitigated.
4: -The increased traffic and access needs for the nightclub at the Coast Highway/Tustin.. .. _
Avenue intersection. This intersection is not presently designed to accommodate
added traffic and access due to the lack of the fourth leg of signalization. Providing the
fourth leg of signalization is not guaranteed due to the participation of the abutting
property owner and Caltrans. Increased access to the site can result cars queuing along
Coast Highway while waiting for valet parking services thereby creating a traffic hazard.
5. The establishment is located within Report District No. 25 where the number of crimes is
75% higher that the citywide average. The total crimes in the adjacent two reporting
districts are also higher than the citywide average. The Police Department believes the
nightclub activity has in the past and will continue to contribute to higher alcohol - related
incidents and crime, which is detrimental to the community.
WHEREAS, the reduction in required parking (3 spaces) is not detrimental to the
surrounding area due to the presence of a municipal parking facility in the immediate vicinity.
The entrance to the parking lot is approximately 425 feet north of the project site on the east
side of Tustin Avenue and adequate pedestrian access is provided via public sidewalks and
the crosswalk at a signalized intersection.
WHEREAS, this project has been reviewed, and it qualifies for a categorical exemption
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities). There will be no significant environmental impact as the proposed project is located in
a fully developed area. The site is also devoid of any significant environmental resources and no
construction is proposed.
140
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 10
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2003 -036 to allow the expansion a legal nonconforming restaurant with a Type
47 (On -Sale General Eating Place) License subject to the Conditions of Approval set forth in
Exhibit "A ".
Section 2. The Planning Commission of the City of Newport Beach hereby denies
the request to allow a nightclub operation with live entertainment and dancing.
Section 3. 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 or this
action is called for review by the City Council in accordance with the provisions of Title 20,
Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 6th DAY OF MAY 2004: - -
AYES: Eaton, Cole, Toerge, McDaniel,
Selich Kiser and Tucker
NOES: None
ABSENT: None
B .
Earl McDaniel, Chairman
BY:
Michiel Toerge, Secretary
41
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003 -036
1. The eating and drinking establishment shall be in operated in substantial conformance
with the site plan and floor plan for dining dated April 1, 2004,
2. Use Permit No. 2003 -036 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. 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
injurious to property or improvements in the vicinity or if the property is operated or
maintained so-as to constitute a public nuisance.
4. Any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or other modification to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit.
5. 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.
6. Should the business, alcohol license or property be sold, transferred or otherwise come
under different ownership or control, any future owners, operators or assignees shall
be notified in writing of the conditions of this use permit by the current owner(s),
operator(s) or assignee(s). Future owners, operators or assignees shall submit, within
30 days of transfer or sale, a letter to the Planning Department acknowledging their
receipt, acknowledgement and acceptance of the limitations, restrictions and conditions
of approval of this permit.
7. 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, recyclable materials, litter,
debris or graffiti from the premises and on all abutting sidewalks within 20 feet of the
premises.
8. The primary use, as depicted on the approved plans, is an eating and drinking
establishment and restaurant. The operational character of the use shall not be
changed to a bar, tavern, or cocktail lounge as a primary use. A nightclub, cabaret or
commercial recreational entertainment venue is not an authorized use whatsoever.
4a
City of Newport Beach
Planning Commission Resolution No.
Page 6 of 10
9. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. The noise generated by the use shall comply with the
provisions of Chapter 10.26 of the Municipal Code. The maximum noise levels from
the use shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher. If the ambient noise level is higher, noise from
the use shall not exceed the ambient noise level.
10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through
Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday.
11. No live entertainment or dancing shall be permitted in conjunction with the permitted
use. Background music within the interior of the building is permitted. No music andlor
audible paging or speaker system shall be allowed outside the building or within the
"smoking" porch area.
12. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
13. 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.
14. No advertisements and /or flyers shall be posted and /or distributed outside of the
premises including in the off -site parking lot area.
15. All signs shall conform to the provisions of the Municipal Code. No temporary
"sandwich" signs or similar temporary signs shall be permitted, either on -site or off -
site, to advertise the restaurant.
43
Between the hours of
Between the hours of
TOOAM and
10:OOPM and
10:OOPM
TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
ro ert
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial P operty ... _
NJA- _,._
-65dBA .
N/A
60dBA_. -: -
10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through
Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday.
11. No live entertainment or dancing shall be permitted in conjunction with the permitted
use. Background music within the interior of the building is permitted. No music andlor
audible paging or speaker system shall be allowed outside the building or within the
"smoking" porch area.
12. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
13. 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.
14. No advertisements and /or flyers shall be posted and /or distributed outside of the
premises including in the off -site parking lot area.
15. All signs shall conform to the provisions of the Municipal Code. No temporary
"sandwich" signs or similar temporary signs shall be permitted, either on -site or off -
site, to advertise the restaurant.
43
City of Newport Beach
Planning Commission Resolution No.
Page 7 of 10
16. A full meal service menu shall be available for ordering at all times that the restaurant
is open for business.
17. Prior the issuance of the certificate of occupancy, the location of maximum occupancy
postings in the establishment shall be inspected and approved by the Newport Beach
Building Department to ensure the location is readily visible to employees, patrons and
public safety personnel. Maximum occupancy load for the restaurant operation shall be
143 persons. Strict adherence to maximum occupancy limits is required.
18. The use of private (enclosed) 'VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
19. All entry doors of the establishment shall remain closed at all times except for the
ingress and egress of patrons and employees. All emergency exists shall remain
operable at all times. The use of the side doors shall be limited to deliveries and
employee use only and normal ingress and egress by patrons is prohibited except in
the event of an emergency, -
20. Prior to the issuance of the certificate of occupancy, 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.
21. All employees shall park either on the subject site or the off -site parking lot or the
municipal parking lot at all times.
22. A minimum of 43 parking spaces shall be provided for the subject property at all times.
Thirteen (13) of these spaces shall be provided and maintained on -site at all times with
adequate striping and wheel stops in accordance with Public Works standards. An off -
site parking agreement, subject to the review by the City Attorney's office, shall be
recorded on the title of the off -site parking lot property. The agreement shall guarantee
a minimum of 30 off -site parking spaces for the uses authorized on the property.
23. Valet parking shall be provided for the restaurant use during all business hours. A final
valet/parking management plan shall be approved prior to the issuance of a certificate
of occupancy. The valet/parking management plan shall also include a statement that
no recreational vehicles, boats, or similar vehicles shall be stored any time at the
subject site, except for the movable trailer uses for storing tables and chairs after
business hours. The approved valet/parking management plan shall be implemented
by the applicant or future operator of the restaurant at all times. Adequate valet
personnel shall be provided to eliminate queuing onto Coast Highway. Valet personnel
shall be stationed at the off -site locations while off -site lots are in use to minimize the
need for valet personnel to cross Coast Highway on foot. Valet personnel shall only
cross Coast Highway at the signalized crosswalk and obey all traffic laws.
yu
City of Newport Beach
Planning Commission Resolution No.
Page 8 of 10
24. All parking in conjunction with this use shall be confined to the parking lots over which
the applicant, owner or operator has written rights to park. If, in the opinion of the
Planning Director or City Traffic Engineer, the proposed use creates parking
congestion at the site, the applicant shall immediately resolve the congestion problem
by reducing attendance or increasing valet attendants or through other means until the
parking congestion is eliminated and parking is properly managed. The Planning
Director or City Traffic Engineer has the discretion to require the preparation of a
revised parking management plan.
25. A diagram of the location of the off -site parking lot shall be posted at the entrance of
the restaurant at all times.
26. The parking lot layout including any future changes shall be subject to the review and
approval of the City Traffic Engineer.
- - -,--27; -- -The on= and off- site - parking lots shall have adequate lighting during hours -of darkness
for safety of customers and pedestrians.
28. The applicant shall work with the City and adjacent property owner to the east (2547
Coast Highway) to construct the fourth leg to the signalized Coast HighwaylTustin
Avenue intersection. The fourth leg is a vital component to improve valet operation, by
providing a signalized approach at the project driveway. The applicant shall be
responsible for their share of the cost for the signal improvements. Should this signal
improvement not be implemented, the City Traffic Engineer shall require, and the
applicant shall be responsible for, the implementation of other corrective measures
deemed necessary in order to ensure adequate and safe vehicular access and
valet/parking operations.
29. All delivery trucks shall be required to service the restaurant from on -site and shall be
prohibited from loading and unloading on Coast Highway. Deliveries shall be
scheduled outside the peak operating hours of the restaurant so that all access will not
be blocked.
30. 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 use permit approval. 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.
45
City of Newport Beach
Planning Commission Resolution No.
Page 9 of 10
31. The number of plumbing fixtures in the public restrooms shall comply with the Uniform
Building Code (Appendix 29A).
32. A grease interceptor of adequate size shall be required in association with food
preparation activities pursuant to the Building Code.
33. A wash -out area for refuse containers and kitchen equipment shall be provided and the
area shall not drain into the storm drain system. The area shall drain directly into the
sewer system, unless otherwise approved by the Building Director and Public Works
Director in conjunction with the approval of an alternative drainage plan. Washing of
refuse containers or restaurant equipment shall be prohibited outside of the washout
area.
34. All trash shall be stored within the building or within water -tight trash containers stored
within the trash (container) enclosure or otherwise screened from view from
neighboring properties except when placed for pick -up by refuse collection agencies.
The watertight -trash contairxereshall have a lid-or top that remains- closed at all times,
except when being loaded or while being collected by the refuse collection agency.
The applicant or operator shall maintain the watertight trash containers or receptacles so
as to control odors, which may include the provision of fully self- contained containers or
may include periodic steam cleaning of the containers, if deemed necessary.
35. 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.
36. The applicant or operator, his agents or employees shall immediately allow any properly
identified on -duty Newport Beach Police Officer, no matter whether after normal business
hours or not, access to the facility for purposes of conducting a lawful inspection of the
premise operations at that particular time of the day and night.
37. The applicant or operator shall provide and maintain a clear 5 -foot 6 -inch entry corridor,
as indicated on the floor plan dated April 1, 2004, into the main facility for emergency
access.
38. The applicant or operator shall provide physical control points or other appropriate
measures that would enable employees to regulate patrons in order to comply with
occupancy limits.
39. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control for the restaurant uses shall be a Type 47 for full alcohol service for
on -site consumption only, and only in conjunction with the service of food as the
principal use of the facility. The consumption of alcoholic beverages shall be limited to
the interior of the restaurant. The sale of alcoholic beverages for off -site consumption is
prohibited. Ary change in the alcoholic beverage license type shall be subject to the
11
City of Newport Beach
Planning Commission Resolution No.
Page 10 of 10
approval of an amendment to this application and may require the approval of the
Planning Commission.
40. 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.
41. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under control of the ABC license.
42. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
41 No food and/or alcoholic beverages shall be allowed in the "smoking" porch area.
44. Th "uarterly gross sales of alcoW- is beverages shall not exceed- the -gross sales of food`
during the same period. The licerisee shall maintain records that reflect'sepamtely the
gross sale of food and the gross sales of alcoholic beverages. Said records shall be kept
no less frequently than on a quarterly basis and shall be made available to the City upon
written request.
up=3.036moreso.doc
L17
Planning Commission Minutes 05/06/2004 Page 15 of 26
mixed use building so there are some apartments upstairs,
approximately 10 to 15.
Ms. Temple added that in the McFadden Square there are a
number of buildings that were originally constructed with ground
floor commercial and second floor apartments. On the ocean front,
in addition to this building, two others with that configuration, (2100
Oceanfront and the Portofino Inn) which have since had the
residential portions converted to hotel occupancies. While they
may be considered commercial, they are still over night
occupancies for more residential type uses plus throughout the
whole area there are 2nd floor apartments.
Motion was made by Commissioner Toerge to approve an
amendment to Use Permit No. 3607 to extend the closing time for
a bar to 1:00 a.m. seven days a week.
Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and
Tucker
Noes: None
Absent: None
Abstain: None
RR4
SUBJECT: Josh Slocum's Dinner & Supper Club (PA2003- ITEM NO. 4
220) PA2003 -220
2601 W. Coast Highway
Approved
A request for a Use Permit to expand a legal nonconforming
restaurant by providing periodic lunch service, increasing the
occupancy and allowing a nightclub operation with live
entertainment and dancing between 9:00 p.m. and 2:00 a.m. each
night. The request also includes a modification of minimum parking
requirements since the use does not provide code required
parking.
Rosalinh Ung, Associate Planner, summarized the staff report
noting a slide presentation:
. The site is narrow and deep, approximately 10,000 square
feet with a building of approximately 4,000 square feet.
13 parking spaces are provided on site.
. Access to the site is off Coast Highway with the drive
approach between two properties and has a unique access.
. The floor plan with the restaurant arrangement shows the
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Planning Commission Minutes 05/06/2004 Page 16 of 26
majority of the area is designed for dining purposes with
several levels: main dining area, upper dining area by the
fireplace and the lower dining area toward the rear of the
property was a patio, but has since been enclosed.
. The proposed occupancy for this floor plan is for 143, which
is an increase of 10 occupants more than currently approved
by the Building Department (133).
. The proposed nightclub arrangement floor plan has the main
and upper dining areas turned into dance floors. Should the
application be approved, this floor plan has to be clearly
depicted and identified. The lower lounge area would be set
up for dining with tables and chairs.
. The proposed occupancy for the nightclub arrangement is
190, which does not include the employees.
. The front entry to Josh Slocum has some parallel parking and
angled parking.
. There are three boat slips at the back with access via the
gangway on the side of the establishment.
. The existing bar inside the establishment is an arrangement
that has been there for many years.
. There are two sets of resolutions attached to the staff report.
One is for approval of the entire application, the nightclub and
restaurant. The second is for approval of the restaurant
only. There have been changes made to these resolutions
and were attached to the memo dated May 4th that had been
faxed to the Commission. She then noted condition 8 of the
resolution for approval of the restaurant and nightclub, the
last sentence is to be removed.
Commissioner Eaton asked for clarification of what is officially
authorized, what the stipulation authorizes and what approval of
the restaurant would add in addition to that and what approval of
the restaurant and nightclub would add.
Ms. Clauson answered that staff believes, and it is the City's
position, that:
. The grandfathered use was a restaurant with a smaller bar
l
area.
. They did not have any permitted use for any live
entertainment, or dancing, or operation as a nightclub.
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Planning Commission Minutes 05/06/2004
. The City filed a lawsuit to stop the continued operations that
were outside of the historical grandfathered use.
. During that lawsuit, we entered into a stipulation and the City
agreed to dismiss the lawsuit without prejudice at that time in
exchange for the applicant's agreement to process a use
permit to gain the approvals that they needed to operate the
way they wanted to.
The agreement at that time was that they would continue to
operate under their historical grandfathered use but did not
have the right to operate as a nightclub, to have dancing or
live entertainment until such time they obtained approvals to
do so with the exception of having a special event permit to
have those on two occasions so that acoustical testing could
be done to determine what conditions the operation could
operate.
. The dancing has continued and is continuing without
authorization.
Ms. Ung added:
. The approval of the restaurant would approve an increase of
occupancy of ten bringing it to 143 from 133.
. The approval of the nightclub and the restaurant would
approve the occupancy up to 190 and live entertainment and
dancing. The 190 does not include the employees.
. The restaurant includes a general alcoholic beverage permit.
Commissioner Selich noted that the staff report states the
Commission has two options. Do we not have the option to leave
this as it is?
Ms. Temple noted that is an option, but staff felt that since the
applicant was able to accomplish the additional parking to support
the additional occupancy in a manner similar to what had
previously been approved, we did not have a problem with that.
However, the Commission can deny the application and leave the
operation stay as is. She added that this use permit is not a use
permit pursuant to the Alcohol Beverage Ordinance (ABO), so we
took out the ABO standard conditions in the revised resolution for
approving the restaurant.
Commissioner Eaton asked if condition 30 could be added back in
even if this is not specifically an ABO request.
Page 17 of 26
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Planning Commission Minutes 05/06/2004 Page 18 of 26
Ms. Temple answered that the conditions should relate nexus wise
to the request, however, you could add it.
Bill Hodge, of Hodge and Associates, representing the applicant
Random Interactive, noted the following:
. He has worked with staff for several months to refine the
original application.
. He had retained a noise consultant to analyze the noise
emanating from the restaurant when the live entertainment
was taking place and that was done last June. The noise
study indicated that the noise from the restaurant was within
the City's standard for exterior noise in the areas that were
measured.
. We are willing to accept conditions as they are proposed in
terms of sound attenuation for the establishment to make
sure that noise from the establishment is ameliorated.
. We have met the parking requirements and the three
additional spaces that are subject of a waiver request may
not be necessary as the owner plans to eliminate two of the
boat slips behind the restaurant as of June 1st so that will be
down one parking space under what is required.
. We offer dinner later than 9:00 p.m., so it is a dining and
drinking establishment. In the upper lounge area, people are
allowed to eat dinner while dancing and entertainment would
take place after 9:00 p.m.
. We have reduced the occupancy from the original submittal
down to 190 as mentioned tonight.
. He asked that the applicant's request for a restaurant and
nightclub be approved.
At Commission inquiries, Mr. Hodge stated:
. Employees park either at the municipal lot behind
'Margaritaville' or on the street.
. The establishment has had a disc jockey on some nights with
dancing since the original stipulation as it is an economic
issue. They have come forward now because they want to
secure a use permit in order to operate under the City's
guidelines and address problems that have been a concern
to the City.
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. It is an unusual piece of property and in order to have a
dance floor, it is necessary to move some of the tables and
chairs out of the restaurant to accommodate a dance floor.
. The interest in having the upper dance floor was to try and
make the capacity work in terms of the aisles that were
needed for a safe exit in case of emergency.
. Access is controlled into the restaurant for use of restroom
facilities when people are waiting to get in. That control
starts where the smoking porch begins. Typically people are
escorted through the doors into the restaurant area, which is
still in a hallway before you actually get into the dining
room /dancing area. They would be taken into the restroom
where there is an attendant in the restroom and then they
would be escorted back out.
Martin Weinberg, resident of Via Lido Nord, noted:
. He and his wife have been disturbed many nights due to the
drums and loud noise that emanates from Josh Slocum.
. Within the past six months, he visited the restaurant. He
went to the disc jockey area and noticed that a board had
been removed from the floor. The music was therefore going
to the outside.
. As a resident across the bay, he and several neighbors are
negatively affected by this conduct.
. Concurrent with this, he had called the Police Department
and asked them to quiet the restaurant down. After the
police arrived, the noise would quiet down for a while, but
then it would get louder after the police left.
. He had, on two different times, police officers at his home
who agreed that the level of noise was very excessive and
would prevent anyone from sleeping.
. He has called many, many times for the police to take care of
the problem. It has been very distressing.
. If there are not some restrictions placed on this
establishment, there will be a lot more aggravated residents
of Lido Isle and the surrounding area.
190 people in that restaurant at one time is an awful lot of
people.
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Planning Commission Minutes 05/06/2004
• Besides the ambient noise emanating from the
establishment, he is troubled by the lack of respect that the
present ownership has shown with regard to the residents
and to the Police Department.
. He read the report by the Police department and it is not
flattering one.
• The important thing is that we are entitled to peace and quiet
in our homes. Whatever you ultimately decide, it should be
with keeping in mind that they have a right to make a living
and we have a right to enjoy our homes and get a good
night's sleep.
. He has reviewed the conditions in the staff report and asked
that the doors be kept closed and install double paned
window glass. His main concern is the occupancy level of
190 people as he believes it is too excessive.
• Amplified music should be kept at a minimum as he believes
drinking and dancing will be the main activity and that dining
will be modest.
Sheila Baker, resident of Via Lido Nord across from Josh Slocum
stated similar concerns of the noise problem as the previous
speaker especially since it will be every night.
Maryann Baker, resident of Via Lido Nord across from 'Windows
on the Bay' noted her concern of the noise as it seems amplified
over the water and asked that no amplified music be allowed since
the facility is so small. She asked where the measurements for the
noise study were done from.
Ms. Temple answered that the sound study measurements were
taken from 6 different locations: within the building, immediately
outside the building, at the balcony of the property that is east of
the establishment, across Coast Highway at the closest park on
Lido Isle and by the bridge connecting Lido Isle to the Balboa
Peninsula.
Robert Baker, resident of Via Lido Nord across from Josh Slocum
stated:
. There has to be a balancing of equity between the business
versus the residents.
. The applicant and its predecessor has for decades violated
the rules and operated without the proper permits.
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. If you make more rules it's going to constantly have the
police, constant complaints to the City, enforcement will be a
problem and some of the alleged owners of the property have
defied the Police Department on numerous occasions and
the restaurant has had numerous complaints. There is little
that can be done about it as a resident.
. Nobody wants a nightclub in the back yard. This is a rowdy
place.
. Where are these 190 people going to go in this small area,
there will be loud drunks going in and out. It is always
jammed and crowded. Going in and out of the parking lot is
hazardous already and allowing more people will exacerbate
the problem.
. They are proposing later hours, which is very bad for people
who live across the bay because the noise travels across the
water. You can hear the people talking.
. The noise tests conducted at the park is a half mile down
from where we live, and at the bridge is not effective where
we live.
. You can impose whatever conditions you want, I don't feel
they will comply with them.
. We are left with very little recourse other than to keep
complaining and I think it is an insult to the Police
Department to continually have to call and say Josh Slocum
patrons are making noise. Then the police go out check the
noise at the restaurant, they turn it down and fifteen minutes
later it is back up again, night after night. This goes on seven
nights a week. It is not fair to the residents.
. The property was bought as a restaurant and its use was
known. They have been operating without permits and now
they are asking for the permits to continue legally and expand
the use.
. He requested that the application be denied.
Captain Tim Riley, Detective Division Command, noted the
following at Commission inquiry:
. By having less occupancy we anticipate less problems, but
we are still going to have significant problems, as we have
experienced at this location for the past several years.
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. We have observed violations that included dancing and since
January the police have responded to 39 formal calls for
service that included vandalism, drunks, disturbances, fights.
. There were two significant fights inside the bar last month.
One of their employees was physically attacked and knocked
to the ground, the suspect had to be restrained. Another fight
that originated in the hallway ended up in the men's restroom
where a donnybrook ensued. They had to be separated. It is
just been significant problems.
Public comment was closed.
Chairperson McDaniel asked for a straw poll of how many
Commissioners have an interest in the nightclub approval aspect of
this application.
Commissioner Eaton stated that he is leaning towards disapproval
as the establishment as it has caused a lot of problems as the
record shows. The establishment has continued on a significant
number of nights with dancing contrary to what staff believes is
their right to do. The Police Department has pointed out enough
specific problems that would occur with the approval that we
should not approve it.
Commissioner Cole concurred stating that there is enough concern
with noise by the residents as well as non - compliance and would
not approve a nightclub use.
Commissioner Toerge noted that some of the conditions could
mitigate the problems that the residents have spoken tonight. He
is not prepared to deny that portion of the application in a straw
vote and would like to hear from some of the other Commissioners
on this matter.
Commissioner Selich stated he is not in favor of the nightclub
operation. In addition to the other issues that were brought up, the
site is too small to increase the intensity of the use by switching
from a restaurant to a nightclub bringing in additional people.
There are continuing traffic problems going in and out with the
existing operation, so to exacerbate it more by increasing the
occupancy load and the frequency and the changeover in
clientele, creates more traffic hazards on Coast Highway. He
supports a restaurant there, and would prefer it to stay at 133
seats, but based on staffs comments that they feel the offsite
parking agreement would warrant the additional ten seats, then
will respect their conclusion.
Commissioner Kiser noted his agreement with the previous
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Planning Commission Minutes 05/06/2004 Page 23 of 26
comments.
Commissioner Tucker noted that this is a worst case scenario and
maybe it will get better. A nightclub is a place where you go to
drink and party. In that location it is tough to add people with all its
physical problems of just getting in and out of the facility, it just
doesn't make any sense there. He concurs about the restaurant
with the existing capacity and would like to see them run properly
what they have before the come back and ask for more.
Chairperson McDaniel stated that was his point as well. He would
like to see them deal with what they have got and then we will talk
about anything else after that.
Commissioner Eaton noted that for ten seats there is an advantage
in getting all the new conditions in place. It would make it easier to
enforce the operation as a whole. He would vote for an approval
and if there is enough of a nexus, would put that condition on the
alcoholic beverage back in as well.
Motion was made by Commissioner Cole to approve Use Permit
No. 2003 -036 as proposed by the applicant without the nightclub
according to the findings and conditions for the restaurant only and
include that condition (30) on the alcoholic beverage as well.
Commissioner Toerge noted:
. Condition 22 - regarding the offsite parking agreement
recordation should be recorded on the parking lot property
with the subject property being the beneficiary.
. Noted his concern with stretch limousines and taxi cabs
accessing the site as they tend to park in the street and block
the number 2 lane.
. Condition 25 - regarding posting a diagram of the off -site
parking lot should be of a certain size, legible and illuminated.
,Condition 28 - what are the 'other corrective measures
deemed necessary'? Should the signal improvement not be
implemented?
Mr. Brine noted that the valet parking plan has not been finalized,
so staff can address the issue of limousines and taxi cabs in
condition 23. He added that the corrective measures would rely on
the congestion level and current problems on Coast Highway and
there would probably be changes to the Parking Management Plan
to address those problems.
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Planning Commission Minutes 05/06/2004 Page 24 of 26
Commissioner Tucker asked about Condition 36 allowing police
officers conducting inspection of the premises at any given time.
Captain Riley answered that the police requested this condition
due to a violation of the alcohol beverage control limitations where
there was alcohol being served after hours. The establishment
refused entry of our police officers who then had to force entry and
made arrests based on that violation. It was a very uncooperative
staff. This also has to do with enforcement of the Municipal Code
and any other applicable ordinances that we have the authority to
enforce especially having to do with after hours enforcement.
Ms. Clauson stated that a condition may not make it any better.
The police have whatever rights under the alcohol beverage state
law regulations and their own regulations to get access. I don't
know that a condition is going to help with enforcement.
Ms. Temple noted that these are all new conditions that will apply
to the site. The changes were from the original proposed
conditions.
Ms. Temple noted that condition 30 that was deleted is a standard
condition for ABO use permits or for use permits for the Alcohol
Beverage Outlet Ordinance. It was incorporated into these
conditions for approval, however, we have noted there is no ABO
Use Permit for you and thought it appropriate to eliminate it.
Ms. Clauson noted it is a nexus issue. You may not necessarily
have to have an ABO use permit application before you to
determine that there is a need for this condition for the operation of
that business even as a restaurant. I suggest that if you want to
put it in, you should.
Ms. Temple noted that she would like to put in an additional finding'
in the resolution that would indicate that conditions of this nature
are necessary because of the increase in occupancy being
granted.
The maker of the motion agreed.
Mr. Bill Hodge stated that these changes are acceptable noting the
right to appeal to the City Council.
Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and
Tucker
Noes: None
Absent: None
Abstain: None
file: //H: \Plancomm\2004 \0506.htm 05/24/2004 t g
CITY OF NEWPORT BEACts
APPLICATION TO APPEAL DECISION OF THE PLANNING COMMISSION
00.3 -220 'L� iIG`j % AS :?l
Application No. 2 _
Name of Appellant Bill Hodge. of Hodge & Associates
or person filing: fnr Rnn/inm Tnterartive, Tnr- Phone:(9G,q.Y'�4:R7' —iJ.
Address: _24040 Camino del Avion #247. Mo-narch Beach,- CA. 92629
Date of Planning Commission decision: May 6 12004
Regarding application of:Josh Slocum's Dinner and Supper Club for
(Description of application filed with Planning Commission) a use permit to allow entertainment
and dancing after the main dinner hours at the restaurant.
Reasons for Appeal: Planning Commission denial of the requested use permit
after the -Rroject met noise standards, parking standards, occupancy standards
traffic circulation standards and committed to further noise attenuation
measures.
Date May 20, 2004
Signature of Appellant O
CITY CLERK i
FOR OFFICE USE ONLY
Date Appeal filed and Administrative Fee received: 20
Hearing Date. An appeal shall be scheduled for a hearing before the City Council within thirty (30) days of the
filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec.
20.95.060)
cc: Appellant
Planning (Furnish one set of mailing labels for mailing)
File
APPEALS: Municipal Code Sec. 20.95.050(B)
Appeal Fee: $455 pursuant to Resolution No. 2003 -40 adopted on 8 -12 -03 (effective 8- 13 -03)
(Deposit funds with Cashier in Account #2700 -5000)
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1121, 2010 05: o"s P3,S
MR. & MRS. HOWARD C. MARTIN
215 OCEAN VIEW AVENUE
NEWPORT BEACH
CALIFORNIA 92663
NEWPORT CITY COUNCIL
C 001
PLANNING RECEIVED
CITY OF NEWPORT BEACH
JUN 1 8 2004
AM PM
7;819110111I12111213I41516
JUNE 18, 2004
RE: JOSH SLOECUM'S DINNER & SUPEER CLUB
DEAR COUNCIL:
WE ARE VERY MUCH AGAINST THE REQUEST FOR LIVE ENTER-
TAINMENT AT JOSH SLOGUM'S & DANCING FROM 9 P,M, TO 2 A.M.
WHAT HAPPENS IS, TUSTIN AND OCEAN VIEW BECOME THERE PARK-
ING LOT AND AFTER 2 A.M. WE HAVE TO LISTEN TO ALL THE NOISE
AS THE HAPPY PEOPLE ARE MAKING WAY TO THERE CARS. ITS BAD
ENOUGH THAT WE HAVE TO PUT UP WITH IT DURING THE DAY WHEN ALL
THERE EMPLOYEES PARK IN FRONT OF OUR HOMES AND GO TO WORK AT
ALL REASTURANTS DOWN IN FRONT.
PLEASE DO NOT ALLOW THIS.
VERY TRULY YOURS, I
TOWARD & JOANNE MARTIN W
(949) 646 -8402
EZ;
I I -
OWN W.MoSel
NOTICE OF
PUBLIC HEARING
Use Permit No. 2003 -036
(PA2003 -220)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on the application of Random Interactive Inc (Josh Slocum's Dinner & Supper
Club ), for Use Permit No. 2003 -036 on property located at 2601 W. Coast Hig way. The property
is located in the SP -5 District and designated as Recreational Marine Commercial.
An appeal of the Planning Commission's approval to allow the expansion a legal
nonconforming restaurant to provide periodic lunch service increase the occupanev and
modify the minimum parking requirements The PlanninEj Commission denied a request to
operate a nightclub with five entertainment and dancing beM,een 9.00 p.m. and 2 a.m.
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 June 22,
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.
i
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF
PUBLIC HEARING
Use Permit No. 2003 -036
(PA2003 -220)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach wdll hold a
public hearing on the application of Random Interactive, Inc (Josh Slocum's Dinner & Supper
Club), for Use Permit No. 2003 -036 on property located at 2601 W. Coast Highway. The property
is located in the SP -5 District and designated as Recreational Marine Commercial.
An appeal of the Planning Commission's approval to allow the expansion a lee
nonconforming restaurant to provide periodic lunch service increase the occupancy and
modify the minimum parking requirements. The Planning Commission denied a request to
operate a nightclub with live entertainment and dancing bem,een 9.00 p.m. and 2 a.m.
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California En -Ndronmental Quality Act under Class 1 (Existing Facilities)
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on June 22
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.
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
Use Permit No. 2003 -036
(PA2003 -220)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the
application of Random Interactive Inc (Josh Slocum's Dinner & Supper Club), for Use Permit No. 2003 -036 on property
located at 2601 W. Coast Highway. The property is located in the SP -5 District and designated as Recreational Marine
Commercial.
An appeal of the Planning Commission's approval to allow the expansion a legal nonconforming restaurant to provide
periodic lunch service increase the occupancv and modify the minimum parking requirements The Planning
Commission denied a request to operate a nightclub with five entertainment and dancing between 9.00 p.m. and 2 a.m.
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 June 22, 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.
��mAk -�
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
Use Permit No. 2003 -036
(PA2003 -220)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the
application of Random Interactive. Inc (Josh Slocum's Dinner & Supper Club), for Use Permit No. 2003 -036 on property
located at 2601 W. Coast Highway. The property is located in the SP -5 District and designated as Recreational Marine
Commercial.
An appeal of the Planning Commission's approval to allow the expansion a legal nonconforming restaurant to provide
periodic lunch service, increase the occupancv and modify the minimum narking requirements The Planning
Commission denied a request to operate a nightclub with live entertainment and dancing between 9.00 p.m. and 2 a.m.
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 June 22. 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.
LaVonne M. Harness, City Clerk
City of Newport Beach
423 131 06
DAVID H TR CAV,ANAUGH
116 VIA LIDO NORD
NEWPORT BEACH CA 92663
423 131 C7
MCGURK
114 VIA LIDO NORD
NEWPORT BEACH CA 92663
423 131 10
ROBERT L TR BAKER
108 VIA LIDO NORD
NEWPORT BEACH CA 92663
423 131 11 423 131 12 423 131 13 n
JOHN W & EMELI_ E GATES TIMOTHY J MULLAHEY MARTIN B TR WEINBER�
226 HIDDEN VALLEY LN 104 VIA LIDO NORD . . 18101 VON KARMAN AV
. CASTLE ROCK CO 801 08 \Q NEWPORT BEACH CA 92663 IRVINE CA 92612 i
423 131 14 423 131 17 423 13118
WILLIAM A & CAROLYN KLEI JESS E MENDOZA ROBERT K & SUZANNE C BARTH
101 VIA LIDO SCUD PO BOX 1279 433 N CAMDEN DR #1070
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92659 BEVERLY HILLS CA 90210
423 131 19 423 131 20 423 131 22
JOHN TR NEIDLINGER EVA ACOSTA MITCHELL
17570 POSETAND RD ' 2246 S OAK KNOLL AVE" PO BOX 2683
PACIFIC PALISADES CA 90272 SAN MARINO CA 91108 NEWPORT BEACH CA 92659
.423 131 23 .' 423 13201 .423 132 02
BENNET7 M E TR KOFFQRD JR, MAX D TR MAX D T SWANCUTT SR,
1.03 VIA LIDO SOLD 105 VIA ORVIETO 9099 BLACKBIRD AVE
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 FOUNTAIN VALLEY CA 92708
423 132 03 423 132 05 :.:423 132 06
VIRGINIA DEY H E TR ALDERSON MARY J ROGERS
9225 BAYSIDE DR 802 SPIRIT i ' 1410 CORTE BRAVO
CORONA DEL MAR CA 92625
!COSTA MESA CA 92626 :!.SAN MARCOS CA 92069
425 471 09 .: 425 471 12 .:425 471 13
CITY OF NEWP BEACH ANTONY W SHAW DAN M PERLMU}��ER
3300 NE RT BLVD :3416 VIA OPORTO #300 450 NEWPORT 0 TER DR
NE RT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEAK H 2660
425 479 18 425 471 19 425 471 54-
GILBERT GRATTAN TR FOERSTER BARBARA GRAY JACQUELINE JOY TR HUMPHRIES
4.06 S LA ESPERANZA PO BOX 63700 1836 GALAXY DR
SAM CLEMENTE CA 92672 SAN FRANCISCO CA 94163 NEWPORT BEACH CA 92660
425 471 55 : 932 550 01 932 550 02 -
.DICKSONTRSHAFER .'POAG MARSHACK
232 EVENING CANYON RD : 601 LIDO PARK DR 601 LIDO PARK DR #2F
CORONA DEL MAR CA 92625 i NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
932 550 03 932 55005 . 932 550 06
GLORIA MARIA WILLIAMS ARTHUR W &'MAUREEN M TATE SPARKS ENTERPRISES L P
PO BOX 204 601 LIDO PARK DR #1E PO BOX 1299
PALM SPRINGS CA 92263 NEWPORT BEACH CA 92663 LAKE FOREST CA 92609
932 550 09
RESSEL DOROTHY & ARENS ELEANOR
2520 E 16TH ST
NEWPORT BEACH CA 92663
932 550 10 932 550 11
MYRTLE M TR CONE ELDON E TR KIEHLER
601 LIDO PARK DR #2D 601 LIDO PARK DR #2E
NEWPORT BEACH CA 926663 NEWPORT BEACH CA 92663
932 550 12 .932 SSD 13
IRVING L MARSH WILLIAM NORVAL CRAIG
601 LIDO PA R #2F 601 LIDO PARK DR #3A
NEWPO EACH CA 92663 NEWPORT BEACH CA 92663
932 550 15
TMC INTERNAITONAL INC
1505 WALLACE DR #136
CARROLLTON TX 750066
932 550 18
DONALD TR GREGORY
601 LIDO PARK DR #3F
NEWPORT BEACH CA 92663
932 550 16
JENNIFER E ZINSMEYER
601 LIDO PARK DR #3D
NEWPORT BEACH CA 92663
932 550 19
DEBBORAH A RILEY
601 LIDO PARK DR #4A
NEWPORT BEACH CA 92663
932 550 14
DONALD P & MARCIA M YUST
601 LIDO PARK DR #3B
NEWPORT BEACH CA 92663
932 550 17
WINTHROP C TR HOPGOOD
601 LIDO PARK DR #E -3
NEWPORT BEACH CA 92663
932 55020
CLIFFORD G & ANNIE C SECHRIST
601 LIDO PARK DR #46
NEWPORT BEACH CA 92663
932 550 21
.: 932 55023
932 550 24
WARREN PLATT
L C HOPPER
CHRISTINE D IGER
3445 E RANCHO DR
601 LIDO PARK DR #4E
601 LIDO PARK DR #4F
PARADISE VALLEY AZ 65253
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92663
i'
932 550 25
932 55027
1 932 55029
DAVOOD GUITY -MEHR
JOSEPHINE S WRIGHT
MARTIN M ATALLA
601 LIDO PARK DR #5A
601 LIDO PARK DR #SC
18 MONTE VISTA AVE
. NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92
; :: ATHERTON CA 94027
93255030
932 55031
932 550 32
JOSEPH A & WORKMAN SUSAN REILLY
DAICHENDT
. RICHARD W TR DAILY
601 LIDO PARK DR #5F
601 PARK LIDO DR #6A
601 LIDO PARK DR #6B
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 926663
ii
NEWPORT BEACH CA 92663
902 550 33
932 55034
932 55035
RUTH ANN SEGERSTROM TR MORIARTY
: GARY J TR DAICHENDT
ORTLUND
2035 N VICTORIA DR
2620 RIVIERA DR
601 LIDO PARK DR #6E
SANTA ANA CA 927DS :.
LAGUNA BEACH CA 92651
: NEWPORT BEACH CA 92663
. 932 550 35
932 55038
932 55039 -
RICHARD O TR THIES
HAMID R DIBADJ
DOROTHY M MILLER
601 LIDO PARK DR
601 LIDO PARK DR #7B
11091 COLONEL RD
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92563
SANTA ANA CA 92705
93255040
932 55041
932 55042
ROBERT J HERBERT
RICKARD MARY JANE #A
ALEX BORTNIK
201 SHIPYARD WAY #6
601 LIDO PARK DR #7E
10560 WILSHIRE BLVD #1B04
NEWPORT BEACH CA 926663
NEWPORT BEACH CA 92663
LOS ANGELES CA 90C24
03255043
PETER TR PLOTKIN
9700 AVIATION BLVD #1
LOS ANGELES CA 90045
932 550 44
JAMES A TR SANDERS
601 LIDO PARK DR #8B
NEWPORT BEACH CA 92663
932 550 47 932 550 48
HISHAM EL- BAY.AR K R MCDONALD
6406 W OCEAN FRONT C PO BOX 1072
NEWPORT BEACH CA 92663 LANCASTER CA 93584
932 550 50
HENRY H TR MCDONALD
3121 W COAST HWY #6A
NEWPORT BEACH CA 92663
932 550 53
BIANCHI DONNA S
601 LIDO PARK DR #9E
NEWPORT BEACH CA 92663
932 55056
VINCENT TR KONTNY
SDI LIDO PARK DR #26
NEWPORT BEACH CA 92663
932 550 62
HAROLD R COLLINS
611 LIDO PARK DR 92C
NEWPORT BEACH CA 92663
932 550 65
EDWARD JWOLD
:.611 LIDO PARK DR #2F
NEWPORT BEACH CA 92663
932 550 68
GOULD EDWARD R & M A
611 LIDO PARK DR #3C
NEWPORT BEACH CA 92663
932 55071
EUGENE TR ALLEN
3452 MANDEVILLE CANYON RD
LOS ANGELES CA 90049
932 55074
GEORGIA TRAVASSAROS
61.1 LIDO PARK DR #4C
NEWPORT BEACH CA 92663
932 550 51
BEVERLY C TR MORGAN
601 LIDO PARK DR #9C
NEWPORT BEACH CA 92663
.93255054
ORTUNO ELIANE & AKA KITTS ELIA
601 LIDO PARK DR #9F
NEWPORT BEACH CA 92663
932 550 60
;. FRANK G MCKENNA
611 LIDO PARK DR #2A
.. NEWPORT BEACH CA 92663
.93255063
WILLIAM E & SALLY A KENDRICK
611 LIDO PARK DR #2D
NEWPORT BEACH CA 92663
932 550 66
CITY HOPE
208 W 8TH ST
I ' LOS ANGELES CA 90014
:. 932 550 69
YACK
611 LIDO PARK DR #3D
NEWPORT BEACH CA 92653
. 932 550 72
OSCAR A & GABRIELA MATTHEWS
611 LIDO PARK DR #4A
NEWPORT BEACH CA 92663
932 550 75
PHILIP TR SHEATS
611 LIDO PARK DR #4D
NEWPORT BEACH CA 92653
932 55045
REED ROBERT R SURVIVORS
PO BOX 8509
NEWPORT BEACH CA 92658
932 55049
HOSSEIN F GUTTY -MEHR
. 601 LIDO PARK DR #9A
NEWPORT BEACH CA 92653
932 55052
ROYAL D TR TUCKER
601 LIDO PARK DR #9D
:::NEWPORT BEACH CA 92663
932 550 55
TED C & GLADYS S WI ON
601 LIDO PARK DR #1'
NEWPORT BEACH CA 92663
932 550 61
GOUVIS HOLDING LTD
24772 WINTERWOOD DR
LAKE FOREST CA 92630
.932 55064
CARL R & PATRICIA G BECK
611 LIDO PARK DR #2E
.NEWPORT BEACH CA 92663
932 55067
MARGARET M TR HOGAN
.611 LIDO PARK DR 93B
NEWPORT BEACH CA 92663
932 55070
GORDON KELLY
1719 AMBASSADOR AVE
BEVERLY HILLS CA 90210
932 55073
WALTER G TR PARSEL
611 LIDO PARK DR #4B
NEWPORT BEACH CA 92563
932 55076
OSCAR A MATTHEWS
611 LIDO PARK DR #4E
NEWPORT BEACH CA 92663
1 V3R1J- 11R -An6 -r nn�� +r�� -r rr�r�r Len.un�..
932 550 77
WILLIAM E BLUROCK
611 LIDO PARK DR #8A
NEWPORT BEACH CA 92663
932 550 80
KATHERINE TR ABERCROMBIE
PO BOX 9
SANTA BARBARA CA 93102
93255076
CARL M & JAMES M FERRARO JR.
611 LIDO PARK DR #5A
NEWPORT BEACH CA 92563
932 550 81
JENNIE DAMON TR ASPIN
909 COAST BLVD #22
LA JOLLA CA 92037
032 550 79
JOHN SEVERIN NELSON
2086 BALMER DR
LOS ANGELES CA 90039
932 550 82
EDOUARD RABOT
PO BOX 721
DANA POINT CA 9262
932 550 83
932 550 84
93255085
FARZINE MASSY
JAMES W REZNICK
RAMON BALTAZAR
210 LILLE LN #210
611 LIDO PARK DR #6A
15390 DEL PRADO DR
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92663
HACIENDA HEIGHTS CA 91745
932 55086
.: 932 550 87
932 550 89
MODNICK
CARROLL D TR CONE JR.
FOSTER BRUCE Q
611 LIDO PARK DR #C-6
611 LIDO PARK DR #6D
611 LIDO PARK DR #6F
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92663
932 550 90
:: 932 550 91
' : 932 550 92 -
HELEN P HOLDEN
..'MARY H MILLAR
EHLA JO TR TRIPLETT
.611 LIDO PARK DR #7A
, ' 611 LIDO PARK DR #7B
� 1107 CALLE ARCANO
• NEWPORT BEACH CA 92663
:: NEWPORT BEACH CA 92663
SAN DIMAS CA 91773
932 550 93
932 550 94
932 550 95
HELEN TR REISS
WILLIAM 'E TR BLUROCK
; : JOHN H & BARBARA W HARRIMAN JR.
2827 N KINGSGATE DR
611 LIDO PARK DR #8A
245 S PLYMOUTH BLVD
ORANGE CA 92867
NEWPORT BEACH CA 92663
;:LOS ANGELES CA 90004
Ii
932 SSD 96
932 550 97
.932 550 98
HARRIMAN JOHN &BARB
HERBERT M & MARILYN RUTH PIKEN
ROY J TR SHLEMON
245 S PLYMOUTH BL I
'13063 BLAIRWOOD DR
PO BOX 3056
LOS ANGELES 0004
STUDIO CITY CA 91604
NEWPORT BEACH CA 92659
932 550 99
:i 932 551 01 —
,
932 700 01
STEVEN R ROSKO
REX BAILEY
PATRICIA R TR MCCOY
:. PO BOX 1443
611 LIDO PARK DR #7E
, , 621 LIDO PARK DR #F1
NEWPORT BEACH CA 92659
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92663
93270002
932700 03
93270004
SEAN AFSHAR
BLUNDEN BARBARA L
sJOHN M WORD III
624 LIDO PARK DR #E1
2515 ARROYO DR
621 LIDO PARK DR # 2
NEWPORT BEACH CA 92663
;'' RIVERSIDE CA 92506.
NEWPORT BEACH Cv 92003
93270005
932 700 06
932 700 07
WILLIAM R & GLORIA A SCHMIDT
JOHN MILAN TR POLOVINA
MILLER
621 LIDO PARK DR #F3
. 621 LIDO PARK DR #E3
535 DUNNEGAN DR
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92653
LAGUNA BEACH CA 92651
�1
eaoe�r_nn_nnn_i
_nrtI w -eAw�i - A'e=.v xn
932 7DD 17
MARCOE J & J
621 LIDO PARK DR #B3
NEWPORT BEACH CA 92663
932 840 03
ANTHONY J PETRUCELLI
17522 VON KARMAN AVE
IRVINE CA 92614
193284006
RICHARD MACDONALD
633 LIDO PARK DR #6
NEWPORT BEACH CA 92663
932 840 09
GEORGE A TR PRYOR
633 LIDO PARK DR #B1
NEWPORT BEACH CA 92663
932 640 12
'W CLARKE PRESCOTT
633 LIDO PARK DR #B2
NEWPORT BEACH CA 92563
932 840 15
SCOTT MILLER
633 LIDO PARK DR 915
NEWPORT BEACH CA 92663
932 840 18
REED G TR BAUMAN
PO BOX 2537
NEWPORT BEACH CA 92659
• 932 84001
932 840 02
RENE L TR VEGA
93270008
932 70009
932 700 10
SUSAN K GAEDE
MICHAEL J OKELLY
LEAH M FELTY
1301 DENISE CT
621 LIDO PARK DR #9
621 LIDO PARK DR #A1
BREA CA 92821
NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92663
932 700 11
932 700 12
93270013
MELINDA RHODES
& AFAF AMIN
GOLDNER JAY M &DENISE
621 LIDO PARK DR #AZ
1963 STARVALE RD
1227 N HIGHLAND AVE
NEWPORT BEACH CA 92663
GLENDALE CA 91207
LOS ANGELES CA 90038
932 700 14
: 932 700 15
93270016 - - -- - -_
LORRAINE TR DAVIS
DENNIS EASTHAM
NEWMAN JAMES
PO BOX 2932
21835 VERNON RIDGE DR
621 LIDO PARK DR #16
NEWPORT BEACH CA 92659
MUNDELEIN IL 60060
NEWPORT BEACH CA 92663
932 7DD 17
MARCOE J & J
621 LIDO PARK DR #B3
NEWPORT BEACH CA 92663
932 840 03
ANTHONY J PETRUCELLI
17522 VON KARMAN AVE
IRVINE CA 92614
193284006
RICHARD MACDONALD
633 LIDO PARK DR #6
NEWPORT BEACH CA 92663
932 840 09
GEORGE A TR PRYOR
633 LIDO PARK DR #B1
NEWPORT BEACH CA 92663
932 640 12
'W CLARKE PRESCOTT
633 LIDO PARK DR #B2
NEWPORT BEACH CA 92563
932 840 15
SCOTT MILLER
633 LIDO PARK DR 915
NEWPORT BEACH CA 92663
932 840 18
REED G TR BAUMAN
PO BOX 2537
NEWPORT BEACH CA 92659
• 932 84001
932 840 02
RENE L TR VEGA
GENE A FRANSEN
2180 IOWA AVE
633 LIDO PARK DR
RIVERSIDE CA 92507
;,:NEWPORT BEACH CA 92663
• 932 840 04
: • 93284005 -
DELBERT C & BETTE A BENNETT
::.SAMUEL TR FRANKEL
633 LIDO PARK DR #2 -F
633 LIDO PARK DR #F3
NEWPORT BEACH CA 92653
NEWPORT BEACH CA 92663
1 932 84007
.93284008
HENRICHSEN
BABETTE H TR MEYERS
.: 633 LIDO PARK DR #1
3641 VALENCIA AVE
NEWPORT BEACH CA 92663
SAN BERNARDINO CA 92404
i
. 932 840 10
932 B40 11 - - - _-
THOMAS E BUCKINGHAM
WILLIAM L & SUZANNE L YOUNG JR.
633 LIDO PARK DR #A1
600 N SUNSET CANYON DR
NEWPORT BEACH CA 92663
BURBANK CA 91501
.., 932 840 13
932 840 14
PAUL R WOJDYNSKI
CHRISTINE B TR WINTON
633 LIDO PARK DR #C2
633 LIDO PARK DR #D2
:'NEWPORT BEACH CA 92663
NEWPORT BEACH CA 92663
932 840 16 932 640 17
EDWIN & BILLIE KETCHAM WARNE
633 LIDO PARK DR #C3 633 LIDO PARK DR #D3
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
933 94001 933 940 02
JUDY A TR GMUR THOMAS W ALLEN
3326 VIA LIDO jjj"' 3419 VIA LIDO #210
NEWPORT BEACH CA 925'' NEWPORT BEACH CA 92663
6
047 021 33
FLORENCE TR FAINBARG
613 LIDO PARK DR
NEWPORT BEACH CA 92653
047 024 03
CANNERY LLC
1901 BAYADERE TER
CORONA DEL MAR CA 92625
047 021 34
JO ANN TR BUCCOLA
615 LIDO PARK DR
NEWPORT BEACH CA 92663
047 021 37
EDWARD B TR FEDISHON
617 LIDO PARK DR
NEWPORT BEACH CA 92663
047 025 01
049 121 18
LEVON & ZAROUHI GUGASIAN
WATERFRONT NEWPORT BEACH LLC
17 RIDGELINE DR
2895 ROYSTON PL
NEWPORT BEACH CA 92660
BEVERLY HILLS CA 90210
049 121 22
049 121 23
049 13009
DOEZIE.RUTHANN INDE DENT SPE
606 S BAYFROI
ANN CHRISTINE & CHRIS TIANSEN K
WALLACE
WINCKLER RICHARD T
668 N COAST HWY #193
\
r
TUSTIN CA
2700 W COAST HWY
r
BEACH CA 92651
NEWPORT BEACH CA
92663
.::LAGUNA
A.
049 130 10
049 130 11
049 150 05
LARSON GROUP
" JAMES F PARKER
' ' MINNEY JOSEPH ALICE F MINNEY
2717 W COAST HWY
4695 MACARTHUR
# 4D
:48226 SAPAQUE RD
NEWPORT BEACH CA 92663
NEWPORT BEACH'CA
92660
'' BRADLEY CA 93426
049 150 06
DONALD B PEDERSEN
2547 W COAST HWY
NEWPORT BEACH CA 92663
049 15029
VMA MARINER'S MILE LLC
2439 W COAST HWY
NEWPDRT BEACH CA 92663
42311202
CHURCH 1ST CHRIST SCIENTIST
3303 VIA LIDO
NEWPORT BEACH CA 92663
423 122 02
MARVIN ENGINEERING CO INC
260 W BEACH AVE
. INGLEWOOD CA 90302
423 12308
EARL G & ELEANOR B SAWYER
535 VIA LIDO SOUD
NEWPORT BEACH CA 92663
423 123 12
PAMELA L WHiTESIDES
3419 VIA LIDO #210
NEWPORT BEACH CA 92663
049 150 24
ANN CHRISTINE & CHRISTIANSEN K
WALLACE
2527 W COAST HWY
NEWPORT BEACH CA 92663
.x'42311101
LIDO PARTNERS
3471 VIA LIDO #207
NEWPORT BEACH CA 92663
• 423 11203
LJR LIDO PTNRS
1224 E GREEN ST
PASADENA CA 91105
423 12209
DENNIS OVERSTREET
210 VIA LORCA
NEWPORT BEACH CA �Do3
423 12309
MARVIN ENGINEERI
260 W BEAC
'. INGLE 90302
. - 049 150 27
MILE MARINA MARINERS
19800 MACARTHUR BLVD #800
. . IRVINE CA 92612
423 11201
ALLAN TR FAINBARG
129 W WILSON ST #100
COSTA MESA CA 92627
..423 11301
CITY OF NEWPORT B
PO BOX 1768
NEWP CH CA 92658
423 123 D7
VIA OPORTO VEN E
111 ELM ST #4TH
SAN DIEGO CA 9
423 123 10
OLEN COMMERCIAL REALTY ENCUMBR
3366 VIA LIDO,
NEWPORT BEACH CA 92663
. 423 131 04 423 131 05
JULE C MARSHALL STEVEN J & PEGGY R PALA=OLA
120 VIA LIDO NORD 1500 W BALBOA BLVD #203
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92563
PA2003 -220 for UP2003 -036
2601 W. Coast Highway
DATE OF MEETING: -
- -- --- - --
_ "�09 L9 g rvia R-L �faaAv asn
933 940 03
933 940 04
936 8912 01
DILIGENT ENTERPRISES LLC
RICHARD C FARRELL
MENGES LEONA & MENGES Le�6f7A
516 W OCEAN FRONT
516 W OCEANFRONT
860 MORNINGSIDE DR #C320
r
NEWPORT BEACH CA 92661
NEWPORT BEACH CA 92661
FULLERTON CA 92535
936 890 02
Hodge and Associates
JEAN ETRALLAN
Attn: William E. Hodge
Random Interactive, Inc.
860 MORN INGSIDE DR #C320
24040 Camino Del Avion
2601 W. Coast Highway
FULLERTON CA 92835
Suite A -247
Newport Beach, CA 92663
Monarch_Beach, CA 92629
GP Enterprises Group, LLC
Lido Isle Community Assoc.
c /o: Gary E. Primm
Attn: High Helm
P.O. Box 94825
701 Via Lido Soud
Las Vegas, NV 89193 -4825
Newport Beach, CA 92663
PA2003 -220 for UP2003 -036
2601 W. Coast Highway
DATE OF MEETING: -
- -- --- - --
_ "�09 L9 g rvia R-L �faaAv asn
4attlona l to Pubiisn Ad•:ertisements of all kindS inciudins public notices by
Decree of the Superior Cc an of Oranse County, California. Number A- 6'_14,
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:
June 12, 2004
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on Jung, 1 2004
at Costa Mesa, California.
ignature
NOTICEOF
PUBLIC HEARING
Use Peril No. 2003 -036
TA2003 -220)
NOTICE IS HEREBY
.GIVEN that the City
Council of the City of
Newport Beach will hold
a public hearing on the
application of Random
Interactive, Inc (Josh
Slocum's Dinner &
Supper Club), for Use
Permit No. 2003 -036
on property located at
2601 W Coast High -
way. The property is
located in the SP -5
District and designated
as Recreational Morin
Commercial.
Ad appeal of the
Planning Commission's
approval to allow the
expansion .a legal
'nonconforming restau-
rant to provide peri -.
odic lunch service,
increase the occupancy
and modify the mini -.
mum parking require-
. menu. The Planning
Commission denied a
request to operate a
nightclub with live
entertainment and
dancing between 9:00
p.m. and 2 a.m.
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 June 22,
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 I
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/ EoVcnne M.
Harkless, City Clerk
City of Newport Beach
Published Newport
Beach /Costa Mesa Daily
Pilot June 12, 2004
Sa658
i
t Offis of the City Clerk
CITY HAIL
;.i►;.. 3100 Newport Blvd.
Newport Brach, C.A 92663 -1884
IMPORTANT
PUBLIC Hr 'kRING NOTICE
3`a f31 o, }3 cri'; SS
Office of the City Clerk
CITY HALL
3300 Newport Blvd.
Newport Beach, CA 92663 -3884
932 840 03
'ANTHONY J PETRUCELLI
17522 VON KARMAN AVE
,IRVINE CA 92614
IMPORTANT a . ._..,.. _ __....
+UBLIC HEAL INC NOTICE —
IMPORTANT
PUBLIC HEARING NOTICE
4-x:$32 700 12,
&AFAFAMIJy-'.
i66S'OT- LF,,F
bRVA'
;GLEN E CA'-194
YJj SR
Office of the City Clerk
CITY HALL
3300 Newport Blvd.
Newport Beach. CA 92663-3884
IMPORTANT
PUBL14C 1-IFARING NOTICY
Im 1 t�� I P it 1 1 1
.93255056
VINCENT TR KONTNY
601 LIDO PARK DR #2B
NEWPORT BEACH CA 92663
KONT601 iF- 06/12 eoq
FOR,W,-kRn TIME E..':P RTN TO SEND
f J T Nj 0 '
E —h
Office of the City Clerk
CITY HALL
'-MO Newport Blvd.
Newport Beach, CA 92663-3884
IMPORTANT
PUBLIC HEARING NOTICE
4-x:$32 700 12,
&AFAFAMIJy-'.
i66S'OT- LF,,F
bRVA'
;GLEN E CA'-194
YJj SR
Office of the City Clerk
CITY HALL
3300 Newport Blvd.
Newport Beach. CA 92663-3884
IMPORTANT
PUBL14C 1-IFARING NOTICY
Im 1 t�� I P it 1 1 1
.93255056
VINCENT TR KONTNY
601 LIDO PARK DR #2B
NEWPORT BEACH CA 92663
KONT601 iF- 06/12 eoq
FOR,W,-kRn TIME E..':P RTN TO SEND
f J T Nj 0 '
E —h
j Office of the City Clerk
CITY I-LA L
3300 Newport Blvd.
Newport Beach, CA 92663 -3884
IMPORTANT
PUBLIC HEARING NOTICE
049 15024
ANN CHRISTINE &.CHRISTIANSEN K
WALLACE J
2527 W COAST HWY
NEW BEACH CA 92663
Office of the City Clerk
CITY HALL
3300 Newport Blvd.
Newport Beach, CA 92663 -3884
i
cc i t
' -- 932 550 50
- -_ HENRY H TR MCDONA_D .
3121 W COAST HWY tr6A ;
NEWPORT BEACH CA 92663
IMPORTANT
P UBLIC HEARING NOTICE
Office of the City
i + CITY HALL
f 3300 Newport Blvd,
Newport Beach, CA 92663 -3884
42311101
LIDO PARTNERS
3471 VIA LIDO #207 1'
NEWPORT BEACH CA 926
IMPORTANT
PUBLIC HEARING NOTICE
3a ?xsa; ?ti:t;:isvt:aaii;teli;i <� nta�:t {al:ea {e {ct_e =�i ±,it.