HomeMy WebLinkAbout13 - Shore House CafeCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
November 25, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Fern Nueno, Assistant Planner
(949) 644 -3227, fnueno @city.newport- beach.ca.us
SUBJECT: Shore House Cafe Appeal
801 East Balboa Boulevard
Use Permit No. 2008 -045 (PA2008 -123)
APPLICANT/
APPELLANT: Shore House Cafe, Inc.
ISSUE:
Should the. City Council approve, modify, or disapprove Use Permit No. 2008 -045?
RECOMMENDATION:
1) Conduct a de novo public hearing; and
2) Deny the appeal and uphold and affirm the decision of the Planning Commission to
deny Use Permit No. 2008 -045.
INTRODUCTION:
Proiect Settina and Description
The subject property is a 15,400- square -foot lot located on the Balboa Peninsula at the
southeast corner of Main Street and East Balboa Boulevard. The site is developed with
a 4,500= square - foot, one -story building and a surface parking lot with 22 parking
spaces... The site is located in a Retail Service Commercial area of the Central Balboa
Specific Plan (SP -8). The application is for a use permit (UP2008 -045) for an existing
full - service restaurant to allow 1) conversion of approximately 93 square feet of storage
area .into net public area; 2) live entertainment on Fridays and Saturdays; 3) operation of
an alcoholic beverage outlet under the provisions of the Alcoholic Beverage Ordinance
(ABO); 4) parking waiver.
Shore House Cafe Appeal
November 25, 2008
Page 2
DISCUSSION:
The Appeal
The applicant requests that the City Council reverse the Planning Commission's denial
of the proposed Use Permit.
Analysis
The Planning Commission held a public hearing on Use Permit No. 2008 -045 on
October 9, 2008, and unanimously voted to deny the application. The Planning
Commission determined that the parking waiver conflicted with Coastal Land Use Plan
policies because it would impact public parking available for coastal access. This
determination was supported by the Public Works Department, which recommended
denial of the parking Waiver due to parking shortages on the Peninsula during the busy
summer months.
Without the parking waiver, the increase in the net public area and the intensification of
the land use resulting from the addition of live entertainment could not be supported.
.Furthermore, the Newport Beach Police Department recommended against the addition
of live entertainment due to past code violations. Therefore, the Planning Commission
denied the request for the expansion and for live entertainment.
Environmental Review:
This project qualifies for an exemption from environmental review pursuant to Section
15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California
Environmental Quality Act (CEQA), which exempts minor alterations to existing facilities.
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 ten 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:
Should the City Council grant the appeal and reverse the decision of the Planning
Commission by approving Use Permit No. 2007 -027, staff will prepare a draft resolution
with findings and conditions of approval for adoption at the next City Council meeting.
Z
Prepared by:
Fern Nueno, Assistant Planner
Attachments:
Shore House Cafe Appeal
November 25, 2008
Page 3
Submitted by:
David Lepo, Plar&fg Director
A. October 9, 2008, Planning Commission Staff Report
B. October 9, 2008, Planning Commission Meeting Minutes
C. October 9, 2008, Correspondence to the Planning Commission
D. Application to Appeal Decision of the Planning Commission
E. Project Plans
F. Draft Resolution
R
Attachment A
4
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 9, 2008 Meeting
Agenda Item 2
SUBJECT: Shore House Cafe, Inc. (PA2008 -123)
801 East Balboa Boulevard
• Use Permit No. 2008 -045
APPLICANT: Shore House Cafe, Inc.
PLANNER: Fern Nueno, Assistant Planner
(949) 644 -3227, fnueno @city.newport- beach.ca.us
PROJECT SUMMARY
The applicant requests a use permit for an existing restaurant in order to convert
approximately 93 square feet of storage area into net public (customer serving) area.
The request also includes a parking waiver, the addition of live entertainment, and
operation of an alcoholic beverage outlet under the provisions of the Alcoholic Beverage
Ordinance (ABO).
RECOMMENDATION
Staff recommends that the Planning Commission deny without prejudice Use Permit No.
2008 -045, subject to the findings for denial included within the attached draft resolution.
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Shore House Cafe
October 9, 2008
Page 3
INTRODUCTION
Project Setting
The subject property is a 15,400 - square -foot lot located on the Balboa Peninsula at the
southeast comer of Main Street and East Balboa Boulevard. The site is developed with
a 4,500 - square -foot, one -story building and a surface parking lot with 22 parking
spaces. The site is located in a Retail Service Commercial area of the Central Balboa
Specific Plan (SP -8).
Project Description
The applicant requests approval of a use permit for an existing full -service restaurant
that would accommodate the following:
1) Conversion of approximately 93 square feet of storage area into net public area;
and
2) Parking waiver, and
3) Live.entertainment on Fridays and Saturdays; and
4) Operation of an alcoholic beverage outlet.
l3�around
The existing restaurant is a nonconforming use. When the restaurant was originally
established; a use permit was not required; however, the current zoning regulations for
the. SP -8 District require approval of a use permit for eating and drinking establishments
and for alcoholic beverage outlets.
On May 19, 1998, the Planning Director conditionally approved Outdoor Dining Permit
No. 50 (Exhibit 3) permitting a 215- square -foot patio dining area. The Planning Director
approved the Outdoor Dining Permit because it complied with the Accessory Outdoor
Dining "regulations (i.e., the area devoted to outdoor dining does not exceed 25 percent
Of the existing interior net public area of the establishment and is accessory to any
indoor dining).
DISCUSSION
Analysis
The conversion of 93 square feet of storage area into net public area is normally a
minor change in operational characteristics and can be approved by the Planning
Director. However, the introduction of live entertainment with amplified music and the
Shore House Cafe
October 9, 2008
Page 4
parking waiver constitute a major change in the operational characteristics, which
requires a use permit for the restaurant to address these issues. A substantial change
in the character of operation of an alcoholic beverage outlet also requires a use permit
under the provisions of the Alcoholic Beverage Ordinance ABO).
Land Use and Zoning Consistency
The project site is designated as Mixed Use Vertical (MU-V) by the Land Use Element
of the General Plan and the Coastal Land Use Plan (CLUP). The proposed project is
consistent with the MU -V land use category, which is intended to provide for the
development of properties for mixed -use structures that vertically integrate housing with
retail uses including restaurant uses. The site is designated as Retail Service
Commercial land use within the Central Balboa Specific Plan Zoning District (SP -8).
Eating and drinking establishments are permitted within this district subject to the
approval of a use permit.
Live Entertainment
The applicant requests, dive entertainment with amplified music on Fridays and
Saturdays. during the hours that the City deems appropriate. This constitutes a major
change Irl the - operational characteristics, which requires a use permit. A live
I ntertainment permit issued by the City Manager is also required per Chapter 5.28 of
the Newport Beach Municipal Code.
The applicant has been offering live entertainment without the benefit of a use permit or
alive entertainment permit. On June 14, 2008 and July 12, 2008, the City of Newport
Beach Police ;Department .(NBPD) notified the applicant to cease until such approval
Was granted. Subsequently, the applicant applied for a live entertainment permit with
the City Manager, but was`denied on July 28, 2008 because a use permit had not been
approved by the Planning. Commission. The applicant has continued with live
entertainment in .violation of the Municipal Code.
The NBPD does not support the issuance of a live entertainment permit based on the
following information obtained by investigators in the Detective Division and the officers
in the Patrol Division:
1) The operational characteristics have changed substantively on weekends and
are consistent with those of a nightclub and without the requisite use permit and
live entertainment permit; and
2) Shore House Cafe has been operating as a night club on Friday and Saturday
nights, including DJ's playing music and karaoke; and
3) Shore House Cafe continues to be operated illegally as a nightclub on weekends
despite warnings by the NBPD to cease the live entertainment; and
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Shore House Cafe
October 9, 2008
Page 5
4) As recently as July 19, 2008, a DJ was playing extremely loud amplified music,
exceeded the maximum occupancy, and aisles were blocked causing a hazard.
The noise problems, over crowding, alcohol- related incidents, and various unauthorized
live entertainment - related events observed by the NBPD warrant the denial of this
portion of the application. These problems are exasperated by the restaurant's close
proximity to residential uses.
Parking Waiver
The number of required off - street parking spaces is based on the amount of "net public
area." Net public area is the total area used to serve customers and includes customer
sales and display areas, customer seating areas, service counters, and service queue
and waiting areas, but does not include restrooms and offices, kitchens, storage and
utility areas, and similar areas used by the employees of the establishment.
The applicant is proposing to convert 93 square feet of storage space into a dining area.
With the proposed 93- square -foot addition, the restaurant would have 3,593 square feet
of net public area. The Central Balboa Specific Plan parking requirement for eating
and drinking establishments is 1 space per 50 square feet of net public area, or 72
parking spaces for the proposed. project. The parking requirement for an eating and
drinking.establishment with live entertainment is 1 space per 35 square feet of net
public area, requiring 103 parking spaces. The project site currently provides 22
parking spaces on -site and cannot accommodate additional spaces. The proposed
increase in net public area would result in a parking deficit of 50 spaces without live
entertainment and 81 spaces with live entertainment.
In order to approve the proposed increase in net public area and /or to permit live
entertainment, a parking waiver is required. A use permit may be approved by the
Planning Commission to modify or waive the number of required off - street parking if one
or more of the following conditions are met:
1) A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites; or
2) The site is subject to two or more uses and the maximum parking requirements
for such uses do not occur simultaneously; or
Restaurant Use
With Live Entertainment
Parking
1 per 50 feet of net public area
1 per 35 feet of net public area
Requirement
Parking Spaces
72
103
Required
Parking Deficit
50
81
In order to approve the proposed increase in net public area and /or to permit live
entertainment, a parking waiver is required. A use permit may be approved by the
Planning Commission to modify or waive the number of required off - street parking if one
or more of the following conditions are met:
1) A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites; or
2) The site is subject to two or more uses and the maximum parking requirements
for such uses do not occur simultaneously; or
Shore House Cafe
October 9, 2008
Page 6
3) A parking management plan for the site has been approved by the Planning
Commission; or
4) The Planning Commission makes the following findings:
a) The parking demand will be less than the Zoning Code requirement.
b) The probable long -term occupancy of the building or structure, based on its
design, will not generate additional parking demand.
A waiver based on the first condition is the only feasible option for this site. A municipal
lot is located at the Balboa Pier, which is within 300 feet of the restaurant. The Public
Works Department denial of a parking waiver based the limited availability of parking
spaces in this lot during the peak summer months.
The Coastal Land Use Plan (CLUP).policies suggest denial of the parking waiver:
2.9.3 -8 .Continue to require properties with nonconforming parking to provide
code - required off- street parking when new uses, alterations or additions result in
increased parking demand.
2.9.3 -9 Approve no application for a modification or waiver of off- street parking
requirements that are found to impact public parking available for coastal access.
The project is currently nonconforming in terms of off- street parking, which impacts
public parking in the area. The proposed increase in net public area and the
introduction of live entertainment will increase this impact. Therefore, staff does not
support the parking waiver based on the recommendation of the Public Works
Department and on the conflict with CLUP policies.
The City recently contracted with Walker Parking Consultants to conduct a series of
studies to develop parking management strategies for six commercial areas, including
Balboa Village. The goal is to develop parking management plans that will provide
adequate, convenient parking for residents, guests, business patrons, and visitors.
Once the parking management plan is adopted, this application may be revisited. Staff
recommends that the parking waiver be denied without prejudice, thus allowing a new
application for the same project to be filed within one year of the date of denial of this
application.
Alcoholic Beverage Ordinance
The Shore. House Caf6 has an existing Type 47 On -Sale General for Bona Fide Eating
Place ABC license. A use permit is required for any existing alcoholic beverage outlet
when there is a substantial change in the mode or character of operation. The approval
of a parking waiver and the addition of live entertainment is a substantial change that
warrants a use permit for the sale of alcoholic beverages, pursuant to the Alcoholic
Shore House Cafe
October 9, 2008
Page 7
Beverage Ordinance. Should the Planning Commission decide to approve the Use
Permit for the existing restaurant, live entertainment, and the parking waiver, then staff
recommends approval of the alcoholic beverage outlet based on the factors below.
Factors to Consider.
Section 20.89.030.6 (Alcoholic Beverage Outlets) requires the Planning Commission to
consider certain factors when making the required findings to approve the Use Permit. A
discussion of these factors in support of the Use Permit is provided below.
1. Whether the use serves public convenience or necessity
The purpose of the Specific Plan District #8 is to provide the Central Balboa area with
commercial services for permanent residents and visitors of the area. Continuing the
sale of alcoholic beverages at the existing eating establishment is a convenience to the
nearby residents and visitors within the area who patronize the business.
City Council "i< -7" policy grants the NBPD "the authority to make determinations of
convenience and .necessity forthe sale of alcoholic beverages, and provides criteria for
situations ,when. I the. public _convenience and :necessity .will. not be served by granting
additional retail licenses for the sale of alcoholic beverages." The policy continues that
"the public convenience and necessity will_ not be served by the approval of any new or
upgraded license" if the location is within, an area where the number of crimes is at least
75 percent higher than the average,.of all reporting districts in the City. The Shore
House eCafd is not within an area where the number of crimes is at least 75 percent
higher than the average of all reporting districts in the City, which is congruent with the
public convenience determination from City Council "K -7" policy.
2. The. crime rate in the reporting district and adjacent reporting districts as compared
to other areas in the City
The NBPD has provided alcohol related statistics for the Shore House Cafe's Reporting
District, Reporting District (RD) 12, for the 2007 Calendar Year. Alcohol - related
statistics were also provided for RD 13 and RD 15, which are the adjacent districts to
the West. RD 11 is immediately adjacent to the East, however it is not applicable for
comparison purposes because it contains mostly residential properties.
Reporting District
Part One Crimes
(Serious offenses).
Part Two Crimes
(All other offenses)
Part One Crimes
Rate (per 100,000
people)
12.
102
74
6,017.70
13
97
99
5,309.25
15 .'
326
258
11531.66
Newport Beach
2,925
3,712
3,620:05
Shore House Cafe
October 9, 2008
Page 8
The location is within RD 12, wherein the number of part one crimes and the part one
crime rate is greater than in the adjacent Reporting District, RD 13. The part two crimes
within RD 12 are less than in RD 13. The part one crime rate in RD 12, 13, and 15 is
higher than that of the City as a whole due to the high concentration of commercial uses
in the Balboa Peninsula. RD 12 had a total of 228 reported crimes as compared to a
City -wide reporting district average of 175 reported crimes. This reporting district had
52 more crimes and is 22.81 percent above the City -wide reporting district average.
These numbers reflect crime data for the 2007 Calendar Year.
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county wide average
Reporting District
Active ABC Licenses
Per Capita License Ratio
12
35
1 license for every 48
13
5
1 license for every 365 residents
15
90
1 license for every 31 residents
County-wide
4,805
1 license for every 592 residents
The Shore House Cafe location is within an RD that is over the Orange County per
capita average of ABC licenses. RD 13 has more residential properties than RD 12 and
RD 15, which may explain the lower number of ABC licenses in the reportingAistrict As of
May 1, 2003, the Orange County average active, retail ABC license was 1 license for
every 592 residents. RD 12 has a higher concentration of this type of ABC kcense
compared with the County average.
4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts
Reporting District
DUI /Drunk Arrests
Total Arrests
Calls for Service
12
52
117
2,172
13
55
132
2,907
15
461
831
7,322
Newport Beach
1,471
3,345
611060
These numbers reflect crime data for the 2007 Calendar Year. RD 12 has a slightly
lower number of DUI/Drunk Arrests, Total Arrests, and Calls for Service recorded in
2007 compared to RD 13, and significantly lower number of DUI/Drunk Arrests, Total
Arrests, and Calls for Service recorded in 2006 compared to RD 15.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools
The Shore House Cafe is in a commercial area with mixed use districts adjacent to the
south and west. There are no day care centers, park and recreation facilities, places of
religious assembly, or schools in close proximity to the subject property. In accordance
Z,
Shore House Cafe
October 9, 2008
Page 9
with the Alcoholic Beverage Ordinance, the Police Department has reviewed the
application, and upon approval of.the Use Permit, will condition the ABC license as
necessary to maintain the health, safety, and welfare of the community.
Summary
Staff does not support the introduction of live entertainment or the proposed parking
waiver. Therefore, staff recommends denial of Use Permit No. 2008 -045. However,
staff recommends that the denial be without prejudice to allow the applicant the ability to
apply again within one year, should the parking situation change with the adoption of a
parking management plan for Balboa Village.
Denial of the Use Permit will mean that the existing restaurant will continue as a
nonconforming use with nonconforming parking. The restaurant can continue to
operate, but cannot be expanded, increased or intensified..
Alternatives
The Planning Commission may also approve any portion of the application, including,
A use permit for the existing restaurant, including its operation as an alcoholic
beverage outlet under the provisions of the Alcoholic Beverage Ordinance.
2. Conversion of approximately 93 square feet of storage area into net public
area, if a parking waiver is approved.
a. A parking waiver for 50 spaces for the restaurant without live
entertainment.
b. A parking waiver for 81 parking spaces for the restaurant with live
entertainment.
3. The introduction of live entertainment.
Environmental Review
This project qualifies for an exemption from environmental review pursuant to Section
15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California
Environmental Quality Act (CEQA), which exempts minor alterations to existing facilities.
The existing building will remain with no additional square footage. The scope of the
physical construction is limited to minor interior alterations. The existing eating and
drinking establishment use will continue. The number of parking spaces provided and the
type of ABC license will remain unchanged. The introduction of live entertainment will be
limited to two evenings a week, so any changes in operational characteristics are
negligible.
13
Shore House Cafe
October 9, 2008
Page 10
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 fleet of the property, and posted at the site a minimum of ten days in advance of this
hearing, consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
i
Fern Nue o, Assistant Planner
Submitted by:
/11_
EXHIBITS (in the order they are referenced within the report)
1. Draft resolution
2. Project plans
3. Outdoor Dining Permit No. 50 approval letter
1WnbldabW&=PLNLS WV0PA's1PAs- 20WAWW- 1231UP2Wff- 5rytdot
19,
Attachment B
15
CITY OF NEWPORT BEACH
Planning Commission Minutes
October 9, 2008
Regular Meeting - 6:30 p.m.
f�
INDEX,
OLL CALL
Z:ommissioners Eaton, Unsworth, Hawkins, Peofter, McDaniel, Toerge an
Hillgren - all present
TAFF PRESENT:
avid Lepo, Planning Director
aron Harp, Assistant City Attorney
ony Brine, Transportation/Development Services Manager
atri& Atford, Planning Manager
ern Nueno, Assistant Planner
aylene Olson, Department Assistant
PUBLIC COMMENTS:
PUBLIC
COMMENTS
None
LISTING OF THE AGENDA:
POSTING OF
THE AGENDA
The Planning Commission Agenda was posted on October 3, 2008.
HEARING ITEMS
ITEM NO. 1
OBJECT: MINUTES of the regular meeting of August 21, 2008.
Approved
Motion was made by Commissioner Hawkins and seconded by Commissioner
Toerge to approve the minutes as corrected.
Ayes:
Eaton, Unsworth, Hawkins, Peofter, McDaniel, Toerge and Hillgren
Noes:
None
Excused:
None
OBJECT: Shore House Cafe (PA2008 -123)
ITEM NO.2
801 East Balboa Boulevard
PA2008 -123
Denied
request for a use permit (UP2008-045) for an existing full - service restaurant t
Iconversion of approximately 93 square feet of storage area into net pubti
2) live entertainment on Fridays and Saturdays: 3) operation of
outlet under the provisions of the Alcoholic Beverage Ordinance
f�
parking waiver for the additional parking spaces that would normally be
the increase in square footage.
Nueno gave an overview of the staff report, noting the following:
Staff recommends denial of Use Permit No. 21708 -045 without
meaning the applicant is allowed to re -apply within the year.
. A parking management study for Balboa Village is being conducted
after completion of the study it may show a different parking situation for
area.
If the application is denied the applicant may continue their e)
nonconforming use with the restaurant and alcohol sales, but will be ur
to expand or intensify, including the proposed 93 -square-foot addition
fire entertainment.
esponse to questions from Commissioner McDaniel and Commissioner Eat
arding the parking management study and what difference it could ma
aging the parking waiver, Mr. Lepo noted the study would reflect the dems
he Shore House's current usage. He did not expect any wholesale waiver
conformities. The waiver would still be required for the additional two spac
the proposed expansion, even if the study indicated a surplus of spaces
er the additional two spaces.
r.. Lepo responded to Commissioner Unsworth's concern about the prc
roximity to Balboa Park by noting that was a subjective call that could be k
by. the intensities of uses In the area, typical size of lots, and sepa
am one.use and another use, but certainly could be another reason to
is request.
. Harp, at Commissioner Hawkins's inquiry, noted the applicant has no cu
eating permit; therefore, they have no vested rights. In respect to
nconforming use, any conditions that the Commission may propose would i
be looked at
Peotter requested Mr. Lepo to clarify the following:
• if the Commission approves the applicant's request, it would bring
nonconforming use into compliance and they could condition the project.
• If the Commission denies the request, per staffs recommendation,
Commission does not have the opportunity to condition the existing use
there will just be enforcement issues on what is or isn't allowed.
Lepo noted that is essentially correct.
hael Fagundes, representative for applicant and general manager of SI
ise Cafe, noted:
. Submitted letters of support from Crystal Sechrist, resident;
Schaefer, resident; Bob Lee, resident; and Charles Hudbrich, USPS
Manager Balboa.
• Requested a six month temporary license to show they are in
17
with all rules and regulations.
. After six months, if they have not been in compliance, the Commission
deny the applicant's request.
. Is aware there is an issue with the Police Department regarding calls in
area being 75 percent alcohol related; was unable to subpoena the recc
in time for the meeting, but they would show 90 percent of the calls are
to the Shore House.
The Shore House Cafe is a bonafide restaurant trying to serve food at
later hour, give the clientele an opportunity to enjoy some type
entertainment, and is not operating as a cantina, bar or nightclub.
Fagundes, at Commission inquiry, noted:
. In no way are they operating as a nightclub, as proposed by the Poli
Department; in looking at the definition of a nightclub, that characteristic
unfair and unwarranted.
. They open at 7 a.m. for breakfast every day, where as a nightclub
at night and generally has Go-Go dancers, loud acoustic music, etc.
. A live entertainment permit was denied last summer, they continued
operate with live entertainment; was fined twice for operating without
conditional use permit; stopped the Friday night entertainment until It
hearing, but have continued Karaoke not realizing singing to a song w
considered live entertainment.
The live entertainment proposed would typically be Top 40s with DJ.
. After the second fine, he was under the belief there was a gran
clause for entertainment since the license was issued in the 1950s,
the CUP's were required, and continued with the live entertainment_
. Percentage of sales, past 10 p.m., is currently 30 percent alcohol and.
percent food and are working on maintaining that standard. Generally p
midnight they bring the price of food down to entice patrons to order m,
food and less alcohol. They serve food until 1 a.m., last call is at 1:15 a.
and they close at 2 a.m.
Lepo noted the Code defines cabarets and nightclubs as establishments wi
principle purpose of providing live entertainment andfor dancing, ocoupyk
e 20 percent of the net public area in conjunction with the serving of foc
for beverages. With this definition, the Shore House Cafe would be acting as
aclub on the weekend.
Doug Jones, representing the Newport Beach Police Department
working in Vice and Intelligence, noted:
. Shore House Cafe was brought to his attention from another officer
the area stating the Cafe was acting as a nightclub with live anted
DJs, and large crowds, with the demographics as a younger crowd.
. He contacted the City and worked with Code Enforcement to establish thel I
1g
CUP and what was or wasn't permitted.
• There have been several issues on the Peninsula and in the City related
eating establishments acting as nightclubs at night and many times witho
the proper permits.
• Patrol Officer Foss has been involved with these types of issues for over
year and is well versed in handling these situations.
• On June 13, 2008, Officer Foss met with Mr. Fagundes, gave him
professional courtesy call, pointing out the crowded aisles, Ii
entertainment, serving alcohol on the patio and explained he needed to 1
the proper permits. Again on July 12, 2008, Mr. Fagundes was warn
about these violations.
• On July 19, 2008, Officer Foss again noted the violations and Mr. Fagund
was cited by Code Enforcement.
• Calls for service at this location include drunkenness, assaults, batteries
criminal threats, theft reports, and unknown type trouble.
• From May 2007 to April 2008, the Police had 11 calls to this location
averaging 5.5 calls per 6 month period; zero arrests.
• After the introduction of live entertainment and the nightclub atmosphere
from May 2008 to October 7,2008, the Police had 15 calls, almost triple the
average for a 6 month period; five arrests, which included two DUls, one
drunk in public, and two resisting arrest. This is a substantial issue anc
concern for the Police Department.
• The Police Department wants to work with the Shore House Cafe so the)
will be successful; however, Mr. Fagundes blatantly disregarded the Police
by not working with them and by not following the rules.
• If the requested permit is approved, the Police are concerned that this wil
be a problem location.
nmissioner McDaniel asked Detective Jones to give his opinion on why Mr
lundes would continue to operate with live music, over - crowding, and provide
'aoke after being warned of.the violations, clearly aware of the violations, anc
:d twice.
ective Jones noted in his position and experience with working wilt
;finesses, managing operators know there is a lot of money to be made anc
* can be paid and its worthwhile, business -wise, to do that. Detective Jone:
sn't saying that is what Mr. Fagundes is doing, but is seems pretty clear and hr
it come up with any other reason.
mmissioner Unsworth noted he had a concern the more drinkinc
ablishments on the end of the Peninsula would add more DUI arrests in Distric
but also infiltrate all the way up the Peninsula through two more districts, thin
Ling the whole Peninsula in danger.
airman Peotter asked for a clarification on how the Police identified the five
sts in the past 6 months as being from the Shore House Cafe versus othe
IG
in area.
etective Jones noted when it comes to drunk in public arrests, the
made through investigating, and talking to witnesses and suspects.
)mmissioner Hawkins noted that staff recommended denial of the al
thout prejudice, so the applicant can re-apply and wanted to know the
the Police Department or Detective Jones as to that recommendation.
:tective Jones answered the Police recommendation would be the same tod:
in a year in that they could not support another nightclub -type atmosphere (
a Peninsula; per capita, they are inundated with this type of establishment and
problematic. He also noted the issue isn't if they want to be a restaurant ar
rve alcohol, thats great. The issue is the nightclub -type atmosphere, whe
)ically the people are there for the live entertainment and drinking, and very fe
e eating after 10 or 11 p.m.
comment was opened.
Baring in support for the Shore House Cafe was Joe Gutierrez, local
owner of Jag Event Services, a nightlife entertainment company and
for DJs, . performers, bands and acts of talent; also owner of F
(sting a private marketing firm and noted:
. Shore House Cafe has had ABC4ssued permits in the past, prior to
CUP, foe live entertainment, alcohol service inside and outside on the F
late at night and burlesque dancers.
. DoesrAAhink :they are using their total capacity allowance in just one
but are only utilizing the capacity for that specific room.
. This establishment has been operating since the 1950s with r
Karaoke, private parties, weddings, etc., and it is a major source of it
for the bar and restaurant, and for the local community.
. Regarding the parking waiver, there is plenty of local parking in several
within walking distance.
. All ages come to enjoy the Karaoke and sports N.
comment closed.
Peotter invited the applicant to respond to any comments made.
Fagundes noted the following regarding Detective Jones's comments:
. The Police did walk through and explain the violations, gave
warnings, but the officer was unclear of the CUP conditions.
. They were cited, but continued with the Karaoke, as he wasn't sure what
definition was for live entertainment.
. There are two other bars adjacent to the Shore House Cafe, one being
Cabo Cantina, which was the Studio Cafe, and now serves 2 -for -1 dr
during happy hour and from 10 p.m. to 2 a.m.
zo
• Patrons from the other bars who are intoxicated, walking by
establishment, ultimately become his responsibility if they fall down in
of the establishment or his door people turn them away.
. Patrons from the adjacent bars do park in the Shore House Cafe's 1
lot, looking as though they had been in the establishment but had not.
• Does not believe all the arrests pointed out in Detective Jones's
were associated with the Shore House Cafe_
Sioner Hawkins asked Mr. Fagundes if it was his position that the
ment was grandfathered in, and has been a condition or a right under
ABC permit.
Fagundes answered yes. From the 1950s thorough 1990s, there was a pi
harp players, and music and never a requirement to get a CUP. He
erstands the law, immediately applied for the license, ceased the DJ, lesse
occupancy load, hired extra staff and security, and wants to comply with
Toerge noted:
. We need successful businesses on the Peninsula.
• Shore House Cafe already has a parking waiver for 50 spaces.
• What has brought attention to the establishment are the violations; if th
can operate within their occupancy limits, have no issues to cau
complaints, then they could probably have Karooke and continue withc
effecting anyone.
• Sees no community benefit in having another nightclub.
• Does not support closing the restaurant and wants to see it succeed.
• The Coastal Land Use Plan is very specific and read the following provisic
"Continue to require properties with nonconforming parking provide co
required off - street parking when new uses, alterations, or additions result
increase parking demand ". The Commission can't approve the expand
use because of the parking waiver request. The other requirement
"Approve no application for modification or waiver of off - street park!
requirements that are found to impact public parking in the coastal zone ".
• He cannot support the expansion.
was made by Commissioner Hawkins and seconded by Commi;
to move staffs recommended resolution with the following changes:
• Change to with prejudice, which means the application cannot
resubmitted for a year.
• On Page 2 of the resolution, under findings, strike "facts in opposition
findings."
Zj
Section 1, under the resolved section, insert "with prejudice"
"denies."
mer Toerge made a substitute motion that was seconded
Peotter to adopt resolution denying Use Permit No. 2008 -045 wit
sioner McDaniel requested an explanation of the difference
without prejudice and denying with prejudice.
Harp stated there is a code requirement that says if you deny with
applicant cannot re -apply for a year, denying without prejudice the
resubmit an application within the year.
Hawkins opposed the substitute motion.
rte motion failed with a vote of 4 noes - Hawkins, Eaton, McDaniel,
and 3 ayes- Unsworth, Peotter, Toerge
continued on Mr. Hawkins' original motion.
Lepo wanted to note the finding on Page 2 of the resolution should have said:
. That the proposed location of the Use Permit and the proposed condi
under which it would be operated or maintained will not be consistent
the General Plan..'.
. Fads in support of finding.
Hawkins said he would accept that as an amendment to the motion.
'Hawkins addressed the applicant and noted he had the right to appeal
NEW
None
NO. 3 Planning Commission committee appointments: Chairman Peotte
requested this item since the Chairman position had changed and these
committee appointments should be re- evaluated. At this time there are
three commissioners on the GP/LCP Implementation Committee, Mr
Eaton, Mr. Hawkins, and Mr. Toerge, and asked if they wished to continue
to serve on the GP /LCP Implementation Committee. They answered yes.
Chairman Peotter reappointed them for another year.
NO.4 City Council Follow -up: Mr. Lepo noted the Megonlgal project
appealed to the City Council, but was taken off the agenda for fu
environmental impact review.
NO. 5 Planning Commission reports: Commissioner Eaton reported
GP/LCP Implementation Committee is now meeting weekly; numei
differences between the proposed code and the existing code.
2Z
Attachment C
Z3
October 9, 2008
To: Newport Beach Planning Commission ����� CQp�
From:Michael Fagundes Shorehouse Caf6
Re: Application for conditional use permit
Dear Planning Commissioner,
Thank you for taking the time to review our applications. My name is Michael Fagundes
and I am here to represent the Shorehouse Cafe . I would like to take this time to ask you
to take a look at some letters from some of our patrons and neighbors. After reviewing
these letters I am asking you if Shorehouse Cafe -could be granted a temporary
entertainment license, and recalender (his matter for 6 months from today. The
Shorelouse Cafe feels that in this amount of time we can show that complying to all of
the planning commissioners rules and regulations can be done on a permanent basis, and
without fail. If this temporary license cannot be granted, as in the similar case of parks
and recreation granting night time lighting for soccer due to noise disturbances,
Shorehouse. Cafe is asking for this continuance on (he basis of the 24 hour time period
given to review the City of Newport Beach's application request.
Thank u our time and eonsideratiov,
Michae a des
Manager Shorehouse Cafe
T
zy
October 8`h, 2008
City of Newport Beach
ATTN: Planning Commission
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Planning Commissioner:
I am a resident located at 806 E. Oceanfront and possibly the closest
owner /resident to our local Shore House Cafe. I would like to comment on a
few issues regarding the level of noise, loitering, and drunk patrons which stem
from CABO CANTINA. 1 have made several calls to Newport Beach Police Dept.
with ALL complaints stemming from the Cabo Cantina Bar.
I spoke to the General Manager at the Shore House Cafe (Michael Fugundes)
and was informed of a planning commission meeting on October 9`h, 2008 at
6:30 pm. I would like to go on the record on their behalf .... as I have NEVER had
any problems with the Shore House Cafe or their patrons, and feel that they
should not be punished for the problems that are created by Cabo Cantina. I.
assure you that the Shore House Cafe has always been respectful of us residents
and caters to a more mature crowd who resides here on the Peninsula.
I hope that this letter is helpful in determining the outcome of a great
restaurant on the Peninsula (Shore House Cafe) and their operating abilities to
survive and cater to us residents.
Respectfully, Crystal Sechrist (949) 675 -5330
October 09, 2008
City of Newport Beach
City Counsel
Reference: Entertainment at the Shorehouse, Balboa
V
Dear City Counsel,
Please accept this letter on behalf of Shorehouse in Balboa.
My,husband and I are in the 60 plus age group and have lived in the
Balboa Peninsula area for over 20 plus years and have had many
enjoyable times at the Shorehouse with. family and friends.
Unlike, nuury of the establishments in the area with a younger clientel
and loud music the entertainment at the Shorehouse on the week -ends
has always been enjoyable and aimed at a more mature elientel.
I hope that week -end entertainment at the Shorehouse will continue.
Thank you for the opportunity to submit this letter:
Sincerely,
Monica Schaefer
1609 West Balboa Blvd.
Balboa, California 92663
z--U
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planning commission Wednesday, October 8, 2009 7:32 PM
rimn. "Robert Lee"<bobleesocal(d.yahoo.com?
lb: slybavisoyahoo -com
Mike,
I know you are having a planning meeting in the next couple of days.
As a resident of the peninsula I have never had any problem with the
Shore House Cafe' or their patrons and feel that you / Shore House Cafe'
should not be punished for the problems that are created by the
neighborhood you have. You / Shore House Cafe' has always been
respectful of the residents and caters to a neighborhood crowd on
the peninsula,
I hope this emial is helpful in determining the outcome of restaurant on
the peninsula and their operating abilites to survives on the peninsula.
Best Regards,
Bob Lee
949- 933 -1699
- ---------- ----- - - - - -- --
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To Whom It May Concern:
I have been involved with the Shore House Cafe ( 801 C.balboa blv. Newport
Beach, CA.) for 5 years both as a patron and a participant in various activates sponsored
by both the restaurant and by Michael T. Fagundes. I highly recommend the restaurant
(Shore House Cafe) and Michael T. Fagundes as an outstanding participant in the Balboa
businesses community. Also they have sponsored a number of community activities not
only in the restaurant but also in the city of Newport Beach as well. It is it pleasure for me
to recommend for any reason the Shore House Cafe and or Michael A'. Fagundes.
Thank you,
Sincerely
Station Mgu. USpS
1
3D
FILE COPY P /4a0a.- la.s
Application No.
CITY OF NEWPORT BEACH
f,A �0o8 - 123
RECEIVED
PN 4. 05
nee =r. Lr
Name of Appellant jiff n
or person filing: _ Lt tJ DA /U L" Phone:
Address: Pf Lf3oq
Regarding application of: Ste. 0'e is CPjf';�- for
(Description of application filed with Planning Commission) L I'1�11- ter l/1GG1`IS'G
Reasons for Appeal : _" ? Jl VA -,-JD OC- A 6l.(E5 TO QjQ,*Je, Go
G���►r� �Pz9u V3 @vQ.,
LWLV -+j�oM 'I ;ao fiA Iz: A . H _
CLERK
FOR OFFICE USE ONLY h
Date Appeal filed and Administrative Fee received:
Date (U 23
20 L!0 .
Hearinq Date. An appeal shall be scheduled for a hearing before the City Council within sixty (60) 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 (fumish one set of mailing labels for mailing)
File
APPEALS: Municipal Code Sec. 20.95.050(B)
Appeal Fee: $340 pursuant to Resolution No. 2006 -4 adopted on 1 -10 -06.
(Deposit funds with Cashier in Account #2700 -5000)
31
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES
3300 NEWPORT BLVD-
°" EO. BOX 1768, NEWPORT BEACH, CA 92658 -8915
�crFOa +`{
RECEIVED BY: PERRYI
TODAY'S DATE: 10/23/08
27005000 ZONING & SUBDIVISION F
CASH PAID CHECK PAID
.$.00 $340.Q
CASH RECEIPT
RECEIPT NUMBER: 01000090520
PAYOR: SHORE HOUSE CAFE, I
REGISTER DATE: 10/24/08 TIME: 16:03:46
$340.00
--------------- -
TOTAL DUE: $340.00
g. ax•+ a
€ a a
C v bra
C p C
TENDERED CHANGE
$340.00 $.00
uk_
i 5
3Z
Attachment E
3,3
rues ,&W.
PA2008-02J or UP200B,t'
801 E93T BAL OA BDUIPVpAD
Share House Cato, tx.
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A2.1
Attachment F
3�
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH UPHOLDING AND
AFFIRMING THE DECISION OF THE PLANNING
COMMISSION DISAPPROVING USE PERMIT NO.
2008 -045 FOR PROPERTY LOCATED AT 801 EAST
BALBOA BOULEVARD (PA 2008 -123)
WHEREAS, an application was filed by Linda Dulay on behalf of the Shore House
Cafe, with respect to property located at 801 East Balboa Boulevard, and legally described as
Lots 1, 2, 3, 4, 5, and 6 in Block 12 of Balboa Tract, as shown on a map recorded in Book 4,
Page 11 of Miscellaneous Maps, in the Office of the County Recorder of Orange County,
California, requesting approval of Use Permit No. 2008 -045 for an existing eating and drinking
establishment to allow 1) conversion of approximately 93 square feet of storage area into net
public area; 2) live entertainment on Fridays and Saturdays; 3) operation of an alcoholic
beverage outlet under the provisions of the Alcoholic Beverage Ordinance (ABO); 4) parking
waiver; and
WHEREAS, a public hearing was held on October 9, 2008, in the City Hall Council
Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place,
and purpose of the aforesaid meeting was given. The application, plans, staff report, and
evidence, both written and oral, were presented to and considered by the Planning
Commission at this meeting; and
WHEREAS, the Planning Commission disapproved the application due to conflict with
Coastal Land Use Plan policies, and recommendations of the Public Works and Police
Departments; and
WHEREAS, Coastal Land Use Plan Policies 2.9.3 -8 and 2.9.3 -9 do not support a
parking waiver for expansions to nonconforming properties that increase the parking demand
and that impact public parking available for coastal access; and
WHEREAS, on October 23, 2008, an application was filed to appeal the decision of
the Planning Commission to the City Council; and
WHEREAS, on November 25, 2008, the City Council held a noticed public hearing in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which
time the appeal was considered. A notice of time, place, and purpose of the aforesaid
meeting was given. The application, plans, staff report, and evidence, both written and oral,
were presented to and considered by the City Council at this meeting; and
WHEREAS, this project qualifies for an exemption from environmental review pursuant
to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California
Environmental Quality Act (CEQA), which exempts minor alterations to existing facilities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport
Beach hereby disapproves the appeal and upholds and affirms the decision of the Planning
Commission to disapprove Use Permit No. 2008 -045.
e2of2
This resolution shall take effect immediately upon adoption. Passed and adopted by the City
Council of Newport Beach at a regular meeting held on the November 25, 2008 by the following
vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
31
L;
•
CJ
BALBOA BLVD.
PUBUC WMALX
___
/ 1
PADO I
I I
1 I
_ L __J
/ � rnmG P iNC Anu /
J ' 1] }JTAL,�ACES J l
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PROJECT STATISTICS
I
SP —B
- -_r - -�
E%ISDNC PATH OF
ORO00 FLOOR ARE4:
TRAVEL TO AREA
EIOSTNG NET MOW AREA:
OF REMODEL. NO FORWARD
PROPOSED NET PUBLIC AREA:
SLOPE OVER 5% AND NO
PARlaw PROMDEG:
CR065 SLOPE OVER 2S.
ce) �
sTan —
nncu
�- 1
PROJECT STATISTICS
ZCfJE:
SP —B
LOT AREI
16,000 IF.
ORO00 FLOOR ARE4:
4.600 S.F.
EIOSTNG NET MOW AREA:
IWO B.F,
PROPOSED NET PUBLIC AREA:
03 SF.
PARlaw PROMDEG:
22 SPACES.
PA2008 -123 for UP2008 -045
801 FEAST BALBOA BOULEVARD
Shore House Cafe, Inc.
rr 'il�py�y,.
HMR
ARCHITECTS
AIA
221 SUITE MAIN ST
HUNTINGTON
BEACH, CA
92648
]14 -5336 -2009
]14 -5336 -3669 fax
ARCHITECT
»%LAM J. RESEIGH
PROJECT NAME
SHOREHOUSE
CAFE
INTERIOR
REMODEL
801 EAST
BALBOA BLVD.
NEMPORT BEA04
PAm 9/30/2006
.K9 N0. 2]116.00
c1tt /tlF
SHEET NAME
511E PLAN
SHEET NUMBER
A1.1
0
C J
• 1
muzf
ARCHITECTS
AIA
O
221 MAIN ST.
SUITE I
HUNTINGTON
BEACH, CA
92648
O
714 -536 -2009
] 14- 536 -3669 fax
ARCHITECT
0
WWAM J. REWE
PROJECT NAME
SHOREHOUSE
CAFE
INTERIOR
REMODEL
501 EAST
BAIBOA BLVD.
NEWPORT BEACN
OA1F: 9 /N1�2C08
.C6 N0. 2]116.00
SHEET NAME
AS -BUILT
FLOOR PLAN
6NEEi NNMBER
AB1
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•
CWIAIOHT
RENSIONS
6'_0" 99. 6. g•_5•
Q RENSIM
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SUITE
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92648' CA
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114 -536 -2009
114 -53B -3669 tox
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gE sm oW w
eRCHITECT
I3' -9• 60ClNS I
-- ------ - - - - --
-- -- - - - - -- - - - - -- - - -
--------- - - - - -- - - - - -- - -- -- - ------------------- - - - - -- ------------------ - - - - -- - -- ---------------------------------------------------------
NEW
NN. 11' WN M¶1 1- lCE --
DIP) mA¢ SEC STAIR rroTEs
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WPVL. PNNRY. $ 1
e
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ti
PATIO
ANOUET ROOM
J.
FROX AME1C11
PROxcT NAME
rss 6r
SHO�HWSE
553 sr
CAFE
a. -s o
INTERIOR
'F
REMODEL
MENS
801 EAST
BALBOA BLVD.
OFFICE " "'"
NEWPORT BEACH
,0°lra P)116.N
cNW rNF.
28' -3"
15' -6'
tOS' -6`
1 - 1
CROSS RLOOR AREA: 5,186 S3. (EXCLUDING PATIO)
NET PUBLIC AREA: 2,676 SF, (INCLW(NG PATIO)
ADDED PUBLIC AREA: 93 S.F. $
SHEET NAME
FLOOR PLAN
FLOOR PAN
o z s 1 zo
SHEET NUMBER
A2.1
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on November 25, 2008, at 7:00 p.m., a public hearing will
be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport
Beach, California. The City Council of the City of Newport Beach will consider the following
application:
An appeal of the Planning Commission's denial of a use permit (UP2008 -045) for an existing
full- service restaurant to allow 1) conversion of approximately 93 square feet of storage area into
net public area; 2) live entertainment on Fridays and Saturdays; 3) operation of an alcoholic
beverage outlet; 4) parking waiver for the additional parking stalls that would normally be
required for the increase in square footage.
This project has been determined to be categorically exempt under the requirements of the
California Environmental Quality Act under Class 1 (Existing Facilities).
All interested parties may appear and present testimony in regard to this application. 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. The agenda, staff report, and environmental
documents maybe reviewed at the Planning Department, City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at
www.citv.newport- beach.ca.us on the Monday prior to the hearing. For more information, call
(949) 644 -3232.
Project File No.: PA2008 -123
Zone: SP -8 (RSC)
General Plan: MU -V2
Location: 801 East Balboa Boulevard
Applicant: Shore House Caf6, Inc.
LaVonne M. Harkless, City Clerk
City of Newport Beach
Shore House Cafe, Inc
Attention: Diana Bonadonna
520 Main Street
Huntington Beach, CA 92648
w,ry�1 / ��6 }uawa6 e4� aP suas 009LS ®/.83Av tljege6 at zasllar
' / L salad e selhe; sauanbll;
Balboa Village Business
Bill Reseigh Improvement
221 Main Street, Suite 1 Attention: Bob Black
Huntington Beach, CA 92648 PO Box 840
Balboa . CA 92661
Balboa Peninsula Point Association Rendevous Condominium Assn.
Attention: Bruce Asper Attention: Karen A Daniels
1553 Miramar Drive 1000 W La Palma Avenue
Newport Beach, CA 92661 Anaheim, CA 92801
T wj1.9Z9GAU3UV j ®11"?At, ) ® i t9a4S uoiPnitsul aas Teumea3laad tse3 job .�
PA2.008 -123 for:UP2008 -045
801 EAST BALBOA BOULEVARD
DATE OF MEETING -
• i ILA
Easy Peel Labels i A s See Instruction Sheet
Use Avery® TEMPLATE 51600 ® !Feed Paper for Easy Peel Feature! ® aAVERY ®5160® !
048 143 19 048 143 20 048 143 21
Alvarez Donna Separate Knoll Edward ONeill
1332 SANTIAGO DR 2248 E CAMERON AVE 20700 WELLS DR
NEWPORT BEACH CA 92660 -4944 WEST COVINA CA 91 79 1 -3 32 1 WOODLAND HILLS CA 91364 -3437
048 143 24,25 048 143 27
CURDAL INVESTMENT LIMITED Gregory Dillion
3209 VIA BUENA VIS #C 7 BODEGA BAY DR
LAGUNA WOODS CA 92637 -3099 CORONA DEL MAR CA 92625 -1002
048 143 33
048 145 01;320 03
Peggy Graham
CTTY OF NEWPORT EaTCH
744 BANYAN CT
PO BOX 1768
SAN MARCOS CA 92069 -1954
NEWP EACH CA 92658 -8915
932 160 02
932 160 03
Donald Dunkleman
Gregory Jan Lean
940 E CHAPMAN AVE
2311 FAIRHU L DR
ORANGE CA 92866 -2109
NEWPORT BEACH CA 92660 -3403
932 160 05 932 160 06
Rustom Contractor Gamal Ghaly
23505 GRAND RIM CT 29605 SOUTHWOOD LN
'DIAMOND BAR CA 91765 -2344 HIGHLAND CA 92346 -6217
932 160 08
932 160 09
Robert Duff
Peter Kaplanis
PO BOX 10147
2140 S EL MOLINO AVE
COSTA MESA CA 92627-0043
SAN MARINO CA 91108-2312
932 16011 932 16012
Adel Nashed Wilhehns
21255 RONDA CIR 402 N CLINTON ST
, HUNTINGTON BEACH CA 92648 -5346 ORANGE CA 92867 -7803
932 160 14
932 160 15
Philippe & Helen Sigal
Gary & Jolene Boyles
6813 STARLINE ST
9616 KEMPST'ER AVE
LA VERNE CA 91750 -2367
FONTANA CA 92335 -5840
932 160 17
932 160 18
Robert Neufeld
Stuart Rosenthal
29136 MCCOMBS AVE
600 E OCEANFRONT #3B
WASCO CA 93280-9678
NEWPORT BEACH CA 92661 -1370
932 160 20 932 16021
David Bechok Jr. ASPESI INVESTMENTS LLC
600 E OCEANFRONT #31) 600 E OCEANFRONT #3E
NEWPORT BEACH CA 42661 -1342 NEWPORT BEACH CA 92661 -1342
6tiquettes faciles 8 peler
Utilisez le aabarit AVER110 51600 Sens de charaement
048 143 32
Jose Altamirauo
200 PARIS LN #313
NEWPORT BEACH CA 92663 -1603
932 16001
Alfred Lewis Fishman
3965 E MAPLE TREE DR
ANAHEIM CA 92807 -3410
932 160 04
Johnson
600 E OCEANFRONT #11)
NEWPORT BEACH CA 92661 -1340
932 160 07
James Dean Lewis
6021 SUMMERDALE DR
HUNTINGTON BEACH CA 92647 -5:
932 160 10
Patrick Thompson
3419 VIA LIDO #490
NEWPORT BEACH CA 92663 -3908
932 160 13
Elizabeth Nookel
1115 SOMERSET LN
NEWPORT BEACH CA 92660 -5630
932 160 16
Andrew Beloblosky
384 E CONFERENCE DR
BOCA RATON FL 33486 -3147
932 160 19
James Patrick Moore
600 E OCEANFRONT #3C
NEWPORT BEACH CA 92661 -1342
932 160 22
Nicolas & Sandra Ferguson
26600 KALMIA AVE
MORENO VALLEY CA 92555 -1727
Consultez la feuille www.averycom
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048 133 05,07,08 048 133 06 048 133 10
John Westrem Curtis & V L Herberts Nada Hannaford
1006 E BALBOA BLVD 901 DOVER DR #120 456 SERRA DR
NEWPORT BEACH CA 92661 -1312 NEWPORT BEACH CA 92660 -5514 CORONA DEL MAR CA 92625 -2627
048 133 15 048 133 17 048 13401
Kent Maddy AIRCRAFT ANALYSTS INC Commercial Avallone
450 SAN BERNARDINO AVE 1122 LORING ST 1367 AVENIDA DE CORTEZ
NEWPORT BEACH CA 92663 -4824 SAN DIEGO CA 92109-1824 PACIFIC PALISADES CA 90272 -212
048 134 02
048 134 03
Daquila
Mellvine Fuchs
1235 FOXFORD RD
PO BOX 686
LA VERNE CA 91750-1006
NEWPORT BEACH CA 92661-0686
048 135 03 048 135 04
Gary Malazian Virginia Dee Barnett
2727 W BLUFF AVE #128 105 7TH ST
FRESNO CA 93711 -7021 NEWPORT BEACH CA 92661 -1146
048 135 07 048 135 09
BALBOA INN LLC Evelyn Collins
105 MAIN ST 421 KINGS RD
NEWPORT BEACH CA 9266 1 -132 3 NEWPORT BEACH CA 92663 -5707
;048 135 11
048 135 12
Sherreitt
700 EAST OCEANFRONT LLC
400 S BAYFRONT
1605 SAN VICENTE BLVD
NEWPORT BEACH CA 92662 -1 05 5
SANTA MONICA CA 90402 -2207
048 141 24 048 14125
Kristen Monson Gino DiSano
910 E BALBOA BLVD 912 E BALBOA BLVD
NEWPORT BEACH CA 92661 -1310 NEWPORT BEACH CA 92661 -1310
048 141 32
048 141 35
'Pasquale
Charles William Clark
18 KNOWLES
1611 MILAN AVE
IRVINE CA 92 603 -3 447
SOUTH PASADENA CA 9103014822
048 143 02
048 143 03
.Gary Cook
Skaff
PO BOX 928
4540 CHARMION LN
NEWPORT BEACH CA 92 66 1 -092 8
ENCINO CA 9 13 16 -3 958
:048 143 05 048 143 06
Wayne Thompson Louis & Carla Sacbar
'2117 EL DORADO ST PO BOX 3278
:LOS OSOS CA 93402 -2309 TUSTIN CA 92781-3278
etiquettes ladles a peter
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048 134 04
Mellvine Fuchs
PO BOX 686
NEWPO ACH CA 92661 -0686
048 135 05
Le Roy Wilson
913 W BAY AVE
NEWPORT BEACH CA 92661 -1012
048 13510
James Read Jr.
PO BOX 780
NEWPORT BEACH CA 92661 -0780
048 14123
Frank Robitaille
908 E BALBOA BLVD
NEWPORT BEACH CA 92661 -1310
048 141 26
Saracino
15540 VALLEY VISTA BLVD
ENCINO CA 91436-3117
048 141 36
Norman Edward Moyer
2157 MIRAMAR DR
NEWPORT BEACH CA 92661 -1518
048 143 04
Kenneth & Barbara Tolman
4414 SEASHORE DR
NEWPORT BEACH CA 92663 -2518
048 143 07
Michel Bensaid
917 E BALBOA BLVD
NEWPORT BEACH CA 92661 -1309
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DUPLICATE LABELS REMOVED APPLICANT: REPRESENTATIVE:
SHORE HOUSE CAFE INC HMR ARCHITECTS
801 E BALBOA BLVD CIO BILL RESEIGH
NEWPORT BEACH CA 92661 221 MAIN ST #1
HUNTINGTON BEACH CA 92648
048 11220
NHNM PROPERTY HOLDINGS LLC
151 E COAST HWY
NEWPORT BEACH CA 92660 -6130
048 126 0 1; 130 01-04
048 133 16;134 05;135 02
CITY OF NEWPORT BEACH
PO BOX 1768
NEWPORT BEACH CA 92658 -8915
048 131 03
Richard Hoeft IH
902 SQUAW PEAK DR
HENDERSON NV 89014 -0355
048 131 07
Kathleen Wallen
55415 MEDALLIST DR
LA QUINTA CA 92253-7699
048 131 10
ORANGE COUNTY SANITATION
10844 ELLIS AVE
FOUNTAIN VALLEY CA 92708 -7018
048 132 07
4 SAILS HOME DEVELOPERS
1000 W OCEANFRONT
NEWPORT BEACH CA 92 66 1 -1 025
048 132 12
William Shapiro
810 E OCEANFRONT
NEWPORT BEACH CA 92661 -1392
048 132 15
May Fan
PO BOX 213
UPLAND CA 91785-0213
048 133 02
EAST BAY AVENUE
20445 VIA BURGOS
YORBA LINDA CA 92887 -3225
048 11604
Levon & Zarouhi Gugasian
11 RIDGELINE DR
NEWPORT BEACH CA 92660 -6825
048 13005
BALBOAINN
105 MAIN ST
NEWPORT BEACH CA 92661 -1323
048 13105
Bryan Beauchamp
807 E BAY AVE
NEWPORT BEACH CA 92661 -1319
048 131 08
Southwestern Holley
4306 SPINDRIFT WAY
NEWPORT BEACH CA 92663 -3625
048 13201
Myrtle Fbo Nelson
3222 FRANCES AVE
LA CRESCENTA CA 91214 -1207
048 132 08
T Mead
4 GREEN PEAK CT
PHOENIX MD 21131 -1536
048 132 13
B -N 12
PO BOX 3128
NEWPORT BEACH CA 92659 -1128
048 132 19
David Bonadonna
16915 EDGEWATER LN
HUNTINGTON BEACH CA 926494205
048 133 03
Pete Norton
1406 N BUSH ST
SANTA ANA CA 92701 -2313
048 11605
Levon Gugasian
11 RIDGELINE DR
NEWPORT BEACH CA 92660 -6825
048 131 01
Joseph Miller
815 E BAY AVE
NEWPORT BEACH CA 92661 -1319
048 131 06
Scott Winetsky
1042 N MOUNTAIN AVE 0449
UPLAND CA 91786 -3695
048 131 09
Joanna Tooker Vogel
564 S SUNKIST ST
ANAHEIM CA 928064252
048 132 02
Stevan Legere
217 AVOCADO ST #6
COSTA MESA CA 92627 -5697
048 132 09
Harry Alexon
320 1ST ST N #912
JACKSONVILLE BEACH FL 32250 -4
048 132 14
Steven Kottman
5392 OHIO ST
YORBA LINDA CA 92886 -4119
048 13301
Judy Dufour -Myton
58363 JOSHUA LN
YUCCA VALLEY CA 92284 -6373
048 133 04
BALBOA MANOR LLC
400 MAIN ST
NEWPORT BEACH CA 92661 -1330
Etlquettes faciles A peter A Consultez la feuille wwwmnrycotn
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932 16023 932 160 24 932 16029
Hazel Loree Jones George & Cathleen Milutinovich John Messerschmitt
600 E OCEANFRONT #3G 7564 N TAHAN AVE 25621 RAPID FALLS RD
NEWPORT BEACH CA 92661 -1342 FRESNO CA 93711 -7007 LAGUNA HILLS CA 92 65 3 -5 85 0
932 16030
John Messerschmitt
25621 RAPID FALLS RD
LAGUNA BEACH CA 92653 -5850
932 160 33
Richard & Wendy Rogina
613 E BALBOA BLVD #A
NEWPORT BEACH CA 92 66 1 -024 1
936 520 27
Philippe & Helen Sigal
809 E BAY AVE
NEWPORT BEACH CA 92661 -1319
932 16031
SAVANNA ENTERPRISES LLC
611 E BALBOA BLVD
NEWPORT BEACH CA 92 66 1 -024 2
932 160 34
Adam & Stacey Ralphs
4526 RINETTI LN
LA CANADA CA 91011 -3359
936 520 28,29
Whipple
20445 VIA BURGOS
YORBA LINDA CA 92887 -3225
936 520 32 936 520 40,41
Frederick & S Sclafani Outreach La Victory
806 E OCEANFRONT #B PO BOX 2145
NEWPORT BEACH CA 92661 -1389 LA PUENTE CA 91746 -0145
932 16032
John & Mamie Wilcox
611 E BALBOA BLVD #A
NEWPORT BEACH CA 92 66 1 -0243
936 520 26
Athena Ifarsant
230 CASITAS AVE
SAN FRANCISCO CA 94127 -1604
936 520 31
Crystal Sechnist
806 E OCEANFRONT #A
NEWPORT BEACH CA 9r2661-1389
Pi 91,V
AF
Application No.
CITY OF NEWPORT BEACH
fA cob -- 123
F THE
23 PIN 4. OS
Name of Appellant � � I�
or person fling: Li N DA DL) U �" Phone F5�7 � rF.�g I L4
Address: L pi- q L'i c� t BPf- c4�
Date of Planning Commission decision: 20
Regarding application of: Stem-- Dogs, C�^ for
(Description of application fled with Planning Commission) C-
I�TYt r�At �� i/IGyTIS�
R//e��asonns for Appeal: W 9ULP —JD � "w 1 b lJ'e ,< 00 3 � C') H+AAS%Lo,,�
T6 ( t- �
V1,JLV --3F�H I;Do fFr -rD I2:ocD A.rA -
CLERK
FOR OFFICE USE ONLY
Date Appeal filed and Administrative Fee received:
Date (D 1,--, 3
20 QJ .
Hearing Date. An appeal shall be scheduled for a hearing before the City Council within sixty (60) 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: $340 pursuant to Resolution No. 2006 -4 adopted on 1- 10 -06.
(Deposit funds with Cashier in Account #2700 -5000)
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES CASH RECEIPT
O = 3300 NEWPORT BLVD..
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
�IFp0.
RECEIPT NUMBER: 01000090520
RECEIVED BY: PERRYI PAYOR: SHORE HOUSE CAFE, I
TODAY'S DATE: 10/23/08 REGISTER DATE: 10/24/08 TIME: 16:03:46
27005000 ZONING & SUBDIVISION F $340.00
--------------- -
TOTAL DUE: $340.00
CASH PAID CHECK PAID CHECK :NQ,,• TENDERED CHANGE
$.00 $340 00,;2(100%,,; $340.00 $.00
Aw
o
r ?�
i 1
sue.
u �7>
SHORE HOUSE CAFE, INC.
SHORE HOUSE CAFE, INC.
520 MAIN STREET
HUNTINGTON BEACH, CA 92648
(714) 374 -7814
PAY
TO THE n
ORDER ` l- L 1
OF:
1
BANK OF AMERICA
SEAL BEACH BRANCH #0132
SEAL BEACH, CA 90740
16- 66/1220
DATE
(a �' , In
alp N el P�rz�. yac 1
,
_moo
'
AUTHORIZED SIGNATURE
111020002111 '4 1 2 20006 6_iiC 0 1 3 2 3111 1 206411' .
20002
20002
AMOUNT `o
I?
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on November 25, 2008, at 7:00 p.m., a public hearing will be conducted in the City Council
Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will
consider the following application:
An appeal of the Planning Commission's denial of a use permit (UP2008 -045) for an existing full - service restaurant to allow
1) conversion of approximately 93 square feet of storage area into net public area; 2) live entertainment on Fridays and Saturdays;
3) operation of an alcoholic beverage outlet; 4) parking waiver for the additional parking stalls that would normally be required for the
increase in square footage.
This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under
Class 1 (Existing Facilities).
All interested parties may appear and present testimony in regard to this application. 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. The agenda, staff report, and environmental documents may be reviewed at the
Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport
Beach website at www.citv.newport-beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232.
Project File No.: PA2008 -123
Zone: SP -8 (RSC)
General Plan: MU -V2
Location: 801 East Balboa Boulevard
Applicant: Shore House Cafe, Inc. A�
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on November 25, 2008, at 7:00 p.m., a public hearing will be conducted in the City Council
Chambers (Building A) at 3300 Newport Boulevard; Newport Beach, California. The City Council of the City of Newport Beach will
consider the following application:
An appeal of the Planning Commission's denial of a use permit (UP2008 -045) for an existing full- service restaurant to allow
1) conversion of approximately 93 square feet of storage area into net public area; 2) live entertainment on Fridays and Saturdays;
3) operation of an alcoholic beverage outlet; 4) parking waiver for the additional parking stalls that would normally be required for the
increase in square footage.
This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under
Class 1 (Existing Facilities).
All interested parties may appear and present testimony in regard to this application. 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. The agenda, staff report, and environmental documents may be reviewed at the
Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport
Beach website at www.city.newport- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232.
Project File No.: PA2008 -123
Zone: SP -8 (RSC)
General Plan: MU -V2
Location: 801 East Balboa Boulevard
Applicant: Shore House Cafe, Inc.
AfUplfit,
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on November 25, 2008, at 7:00 p.m., a public hearing will be conducted in the City Council
Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will
consider the following application:
An appeal of the Planning Commission's denial of a use permit (UP2008 -045) for an existing full -service restaurant to allow
1) conversion of approximately 93 square feet of storage area into net public area; 2) live entertainment on Fridays and Saturdays;
3) operation of an alcoholic beverage outlet; 4) parking waiver for the additional parking stalls that would normally be required for the
increase in square footage.
This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under
Class 1 (Existing Facilities).
All interested parties may appear and present testimony in regard to this application. 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. The agenda, staff report, and environmental documents may be reviewed at the
Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport
Beach website at www.city.newnort- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232.
Project File No.: PA2008 -123
Zone: SP -8 (RSC)
General Plan: MU -V2
Location: 801 East Balboa Boulevard
Applicant: Shore House CafB, Inc.
LaVonne M. Harkless, City Clerk
City of Newport Beach
�13 - w 25-c'v
The Shore House Cafe
My proposal
First, I request that the current 1 public parking space per 50 square feet of net public area be
increased to 1 public parking spot per 55 square feet of net public area. If that is not an option then
I ask that you consider the following. if the kitchen is not part of net public area, then I believe that
the 314 feet that is the bar area should be subtracted from the public net area. On that note, A.B.C.
law prohibits any one person not employed and not over the age of 21 access into this area. Freeing
this area, that is truly private, will provide me with 6.2 more available parking stalls and allow the 93
square feet to be used as public area (area shaded in black on page z of handout).
Second, I am asking in the matter of receiving a CUP for live entertainment that we take a look at
the layout of the facility (see page 3 of handout). Currently, I have a CUP for use in the patio area
and banquet room with restricted use after the hours of 10 p.m. (area highlighted in yellow on page
z) reducing my net public use area by So% during these hours. The back dining area (}highlighted in
pink on page z) is also closed for use after 10 p.m bring my net public area to 25% of the total facility.
This reduction in total usable space only occurs after 10 p.m. Live entertainment is requested to
take place only on Friday and Saturday evenings after to p.m. Therefore the maximum capacity for
available net public area after 10 p.m. is only 86 people. The total area used would be 30'x31' in
addition to the 93 square feet mentioned above, equaling 1023 square feet. At 1 parking spot per 35
square feet for entertainment purposes this would require 30 parking spots, Shore House Cafe has
more than sufficient parking spots available with a total number of 72.
Michael Fagundes, Manager
F 771
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Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A -6214,
September 29, 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
November 15, 2008
declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 19, 2008 at
Costa Mesa, California.
L'I �/%- c,/( '"y-I-)
Signat e
RECEI\ /ED
Zm8 WV 24 All 10. 22
0 rrCE OF
Th "E Ci1Y CLEFK
itf7y Ol' N fr S[AMJ,
7071 oI r
NOTICE IS HEREBY,
GIVEN that on Heyem-
ber 25, 2008, at 7:00
p.m., a public hearing
will be conducted in the
City Councl Chambers
(Building A) at 3300
Newp orl Boulevards
Newport Beach, Califow
ma. the City Council of
the City of Newport
Beach will consider the
An appeal of the Plan
ping Commission's deni-
al of a use permit
(UP2008 -045) for an ex
ishng full - service res
tamant to allow 1) con -
v a r s i o n o f
approximately 93
square feet of storage
area into net public
area; 2) live entertain
ment on Fridays and
Saturdays: 3) operation
of an alcoholic beverage
outlet: 4) parking waiv
er for the additional
parking stalls that
would normally be re
quired for the increase
re
in squa footage.
This project has been
determined to be cate-
gorically exempt under
the requirements of the
California Environmen-
tal Quality Act under
Class 1 (Existing Facili
ties).
All interested parties
may appear and present
testimony in regard to
this application. It you
challenge this project in
court. you may be
limited to raising only
those issues you or
someone else raised at
the public hearing (de
scribed in this notice)
or in written corre-
spondence delivered to
the City, at, or prior to,
the public hearing. The
agenda. staff report,
and environmental dpc
uments may be re-
viewed at the Planning
Department. City of
Newport Beach, 3300
Newport Boulevard,
Newport Beach. Califor-
nia, 92663 or at the City
of Newport Beach web
site at www.dty.
newport- beatb.to.us
on the Monday prior to
the hearing. For more
information. call (949)
644 -3232.
Prelett File Nos
PA2008 123
Zone:SP 8(RSC)
Generd Plan: MU-V2
L"rati u 801 East
Balboa Boulevard
Applicant: Shore House
Cafe, Inc.
LaVonne M. Harkness.
City Clerk
City of Newport Beach
Published Newport
Beach /Costa Mesa Daily
Pilot November 15, 2008
Sa682