HomeMy WebLinkAbout20 - CorrespondenceMcDonald, Cristal
"RECEIVED AFTER AGENDA
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From: fastbottom @roadrunner.com
Sent: Wednesday, June 22, 2011 9:31 PM ��tt� Cpt� 77
To: mhenn527 @hotmail.com; Gardner, Q1yJh%r;7Ke?A;Rai3I , Leslie; Hill, Rush; Rosansky,
Steven; Selich, Edward
Subject: Appeal re 3- Thirty -3 OFFICE OF
Attachments: Letter to City Council Re 3- thirty -3.doc Tr=: CITY CLERK
GTY OF I' ' "ORT BEACH
Dear council members:
Please see attached letter re: 3- Thirty -3 Restaurant.
Thank you,
Donna & Julius Viana
101 Linda Isle
1
RECEIVED
June 22, 2011
Members of the City Council
2011 JUM 21 Pik 12: 27
City of Newport Beach CF��C- �F
3300 Newport Blvd THE CITY CLERK
Newport Beach, CA 92663 ((� T CITY
RE: Appeal of Planning Commission's Deniai'of 3fThfrty -i at rfront
Restaurant's application for a new Conditional Use Permit requesting to increase
hours of operation for an existing outdoor dining patio from 9:00 a.m. to 9:30 p.m.
daily to 9:00 a.m. to 1:00 a.m. daily
TUESDAY, JUNE 28, 2011, 7:00 p.m.
We have owned our home and lived at 101 Linda Isle for 25 years. There have always been
restaurants, the marina and commercial buildings located across and down the channel — all
within 300 feet of our home. One of these presently is 3- Thirty -3. Several Linda Isle homes are
only 200 feet across the water from 3- Thirty -3.
Magnification of sound over water has always been a major issue regarding any of the
commercial businesses operating in such close proximity to the homes on Linda Isle. When 3-
Thirty-3 applied to build and open an outdoor DINING ONLY deck, after much debate, a
compromise was agreed upon by the restaurant owner, the Planning Commission, and Linda Isle
residents. On the major issue of noise, one of the conditions the restaurant agreed to was that the
deck would be vacated by 9:30PM. After all the deck was to be used for dining only. Despite
this and other noise related conditions, residents have suffered for the past year because the deck
is not soundproof. They hear loud conversations, tequila shooter parties, and hooting and
hollering coming from the deck.
3- Thirty -3 recently submitted a permit request to extend the hours of the DINING DECK until
1:00AM, SEVEN DAYS A WEEK. The foundation for this request was that 3- Thirty -3 is "a
quiet restaurant" and wants to give "older" people the opportunity to dine into these wee hours in
an "elegant" and "relaxed" atmosphere. However, anyone who has been to 3- Thirty -3, especially
after 9:30 pm, knows that it is anything but "a quiet restaurant ". It looks like a bar /club, sounds
like a bar /club, is generally known in the community as a club and even advertises itself on its
website as "an adult clubhouse of sorts ". It attracts the younger, noisier "club" crowd. They are
there to drink and socialize, not to dine, and are willing to stand in line to do so. After much
consideration, including input from several Linda Isle residents, the Planning Commission
unanimously denied the application. Now, this permit request has been brought to the City
Council for appeal.
We realize that many residents enjoy the dining deck and have been able to and can continue to
do so during the present permit hours. The sunset is well over by 9:30pm, even on the longest
day of the year. It is dark then. There is no valid reason to extend the DINING DECK hours.
No one is going there to dine that late. They are going there to drink and talk and make noise.
Despite the fact that noise is generated from the deck during (and after) the present permit hours,
we have not asked that those hours be reduced. We are willing to keep our word. We are asking
that the original agreement regarding the dining deck hours BE HONORED and that this appeal
be DENIED.
Sincerely,
Donna & Julius Viana
McDonald, Cristal RECENED
From: Rob Francescon [RobF @centurycommunities.coMl JUN 22 PM 3: 34
Sent: Wednesday, June 22, 2011 2:42 PM
To: City Clerk's Office; Ramirez, Gregg n
Subject: FW: 333 Sayside Drive, File No. PA2011 -041 OF FICE OF
TN " -_ CITY CLERK
CITY Or 7: PORT BEACH
City Clerk of Newport Beach,
I own a residence at 100 Linda Isle, Newport Beach, California. I can view the 3- Thirty -3 Waterfront Restaurant from the
rear of my home. Even during the current hours of operation, the noise can be a severe nuisance to me and the other
homes that are in the vicinity of the restaurant. As a result, any increase in the hours of operation would increase the
noise nuisance coming from the restaurant. I strongly object and am opposed to extending the hours of operation for
the restaurant's outdoor patio. Please insert my opposition into the record for the public hearing.
Thank you,
Robert J. Francescon
CO-CEO
303.770.8300 Ph.
303.770.8320 Fax
4949 S. Syracuse Street, Ste. 320, Denver, CO 80237
Ili C pNiURY
www.centu!icommunities.com
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have received this communication in error, please noliry the sender and delete the communication without retaining any copies. Thank you.
RECEIVED
June 20, 2011
7011 JUN 22 AM 8:21
Re: 3- Thirty - Three's appeal to the City Council to extend the dining dock hours
OFFICE OF
I am a 78 year old man living at 104 Linda Isle. I recen�tly Uvei E* es of health
issues which resulted in my being hospitalized 3 times �'li S las# o f An
additional medical device was added to my pacemaker which has lead to giant
improvement in my being well again,
My house is directly across from 3- Thirty -3, and I am therefore impacted by the
customer's noise and conduct. It has been a great concern to adjoining home owners that
lead to the present limitation set by the city on the outdoor deck. We worked with the
city planning departments, lawyers, and sound engineer at great expense to those
concerned to establish the present requirements. During this period 3- Thirty -3 opposed
the limitations set by the city.
The present hours agreed to are barely tolerable. Any change in extending the deck hours
would affect my recovery and long lasting health.
Al Dubrow
Aldubrow(a,yahoo.com
(949)675 -6811
June 20, 2011
Members of the City Council
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RECEIVED BY
PLANNING DEPARTMENT
JUN 2 12011
CITY OF NEWPORT BEACH
Re: Appeal of the Planning Commission's denial of extending the dining hours of the
outdoor dining deck of 3- Thirty -3 Waterfront Restaurant
Members of the City Council,
In the twenty two years that we have lived on Linda Isle, there have been very few
problems with noise generated from the restaurants, commercial building, or the marina
located across the channel from our home. Clearly, on occasion, there were times when
noise was excessive and disturbing. A call to the restaurant generally took care of the
problem. We are now experiencing constant disturbance and noise from one restaurant in
particular, 3- Thirty -3 Waterfront. Since the opening, we have been to countless Planning
and Harbor Commission meetings in order to address the noise coming from the patrons
of the restaurant. Many hours were spent negotiating moving the valet stand, and the
smoking area in order to lessen the noise problems. When we were informed of the 3-
Thirty-3 owner's intent of building an outdoor dining deck, we knew that we had to make
sure that we did all that we could to insure that the noise from outdoor dining and
drinking could somehow be attenuated. We hired an attorney to help us with our efforts,
and a sound engineer as well. Our proximity to the restaurant is only 200 feet, and the
magnification of sound over water is a huge consideration. A compromise was made
between 3- Thirty -3 and us in. an attempt to be as fair to everyone as possible. In order to
address the noise problem from the dining deck, diners were to vacate the deck by
9:30PK private parties were not allowed, and there was to be no music, either live or
recorded. We have lived with the noise coming from the dining deck for the past year,
because the deck is not sound proof. We hear loud voices, screaming, cheering, yelling,
and laughter. Quite frankly, I wouldn't enjoy dining with some of these people with what
we are hearing from across the channel. We report the excessive problems to the
restaurant manager, the Code Enforcement Department, and the Police Department as
well. It has been a constant battle.
3- Thity -3 recently requested a permit from the City of Newport Beach to extend the
hours of the dining deck until 1:00AM seven days a week. The Planning Department
denied this request unanimously. The crowd that gathers at the restaurant past 9:30PM is
not there for "fine dining ", and the long lines out front are not waiting to dine on the
deck. We were all there to impress upon the fact that our main concern with the dining
deck is pure and simple: NOISE. The area is not soundproof.
An appeal was made on the decision, and the request is now before you. Once again, we
want you to know that we strongly oppose the request to extend the hours of use for the
outdoor dining deck. It is difficult for us to imagine that very many of the "older"
patrons choose to dine past I O:OOPM, seven days a week. We have a bird's bye view of
the crowd who frequent 3- Thirty -3 arriving by car, boat, taxi, and on foot. The vast
majority are the younger set in their 20's and 30's, particularly later in the evening. The
summer months and weekends are obviously busy, and the stream of people is steady,
both day and night. Unfortunately, people in the "Party Mode" make 3- Thirty -3 a
destination. We experienced a frightening situation from one of these groups just
recently. As we entertained some friends out on our deck, a rowdy group exiting the
parking lot of 3- Thirty -3 climbed over the fence and jumped down to the marina to get
back into their rental boat. They proceeded to carry on with their drunken behavior, and
one decided to urinate in the bay. During their antics, we photographed the group,
including the man exposing himself. During our dinner in the dining room of our home
we were dumbstruck when that same man burst through our front door and yelled that we
hand over the camera! The group had stormed our gate and surrounded our guard. We
were fortunate to chase him off, and we were lucky that the other men stayed at the gate.
A drunk mob of people is a dangerous situation. The police are following up on this.
We quite frankly are tired of being impacted by constant problems with not only the
drunks, but the noise from the deck. We are asking for your consideration in what the
reality of extending the dining deck will be. We are not asking anything other than that
the original agreement be honored.
Thank you.
Sincerely,
Don & Sandy McCalla
105 Linda Isle
Z ^ f
RECEIVED
7011 M 27 M 8: 42CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
OFFICE OF PLANNING DIVISION
THE GTY CLE%300 NEWPORT BOULEVARD, BLDG. C
CITY Or i }:''!?PORT EEA(NIEWPORT BEACH, CA 92658 -8915
(949) 644 -3200
To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
From: Gregg Ramirez, Senior Planner
949 - 644 -3219 gramirez @newportbeachca.gov
and
Janet Johnson Brown, Associate Planner
949 - 644 -3236, jbrown @newportbeachca.gov
Date: June 24, 2010
Re: City Council Agenda Item No. 20, June 28, 2011
3- Thirty -3 Waterfront Restaurant Appeal (PA2011 -041)
333 Bayside Drive
Conditional Use Permit No. UP2011 -007
As a result of discussions with the applicant and concerned residents following the_release_of the
staff report, staff recommends that the Council consider the following conditions of approval
should the Council elect to reverse the decision of the Planning Commission and approve the
project.
Condition No 4 (handwritten page 31 of the staff report) to be changed to read follows:
4. The Outdoor Dining Patio shall be subject to the following requirements:
a. Require the outdoor dining patio to be attenuated to the same sound level as the
main restaurant building when all exterior openings are closed. The plans for
modifying the patio shall be reviewed and certified by an acoustical engineer as
meeting the same sound attenuation levels as the main restaurant building subject
to the review and approval by the Community Development Director. Subsequent to
construction, the installation shall be tested by an acoustical engineer and certified
as to meeting city code noise standards.
b. Require a quarterly monitoring test and report by an acoustical engineer selected by
the Community Development Director as to meeting city codes on Thursday,
Friday, or Saturday between the hours of 10:00 p.m. and 1:00 a.m. of operation
until the one -year review by the Planning Commission. The monitoring program
shall be subject to the review and approval of the Community Development
Director. At least one such monitoring test shall take place during the months of
July or August. Code compliance includes compliance with Municipal Code Chapter
10.26, Community Noise Control.
c. Require that the outdoor patio windows and roof openings be closed at the currently
required time of 7:00 p.m. daily.
d. Extend the outdoor dining patio hours of operation from 9:00 a.m. to 1:00 a.m.
e. Require that the conditional use permit be reviewed by the Planning Commission
one year from the date of this approval to ensure the increased hours of operation
on the outdoor dining patio have not resulted in detrimental impacts.
In addition, fact D -4, supporting finding D (handwritten page 28 of the staff report) needs to be
changed from "9 p.m. to 8 a.m." to read 7 p.m. to 8 a.m."
City Clerk's Office
AFFIDAVIT OF POSTING
RECEIVED
2611 JUN 20 PH I: 51
OFFICE OF
THE CITY CLERK
CITY OF "-, "PORT BEACH
On r( Ml1 r 2011, I posted the Notice of Public Hearing regarding:
3- Thirty -3 Waterfront Restaurant (PA2011 -041)
Location:
333 Bayside Drive
Date of City Council Public Hearing: June 28, 2011
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, June 28, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council
Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the
following application:
3- Thirty -3 Waterfront Restaurant - An appeal of the Planning Commission's denial of an application for a new Conditional Use
Permit requesting to increase the hours of operation for an existing outdoor dining patio from 9:00 a.m. to 9:30 p.m. daily to 9:00
a.m. to 1:00 a.m. daily. No other changes to the existing restaurant operations are proposed or requested.
The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines -
i.e.,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 documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport
Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.pov on the Thursday prior to the hearing.
For more information, please call (949) 644 -3005.
For questions regarding details of the project please contact Janet Johnson Brown, Associate Planner, at
(949) 644 -3236 jbrown @newportbeachca.gov.
Project File No.: PA2011 -041
Zone: CM (Commercial Recreational and Marine)
Location: 333 Bayside Drive
Activity No.: UP2011 -007
General Plan: CM (Commercial Recreational and Marine
Applicant: Jeff
Leilani I. Brown City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, June 28, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council
Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the
following application:
3- Thirty -3 Waterfront Restaurant - An appeal of the Planning Commission's denial of an application for a new Conditional Use
Permit requesting to increase the hours of operation for an existing outdoor dining patio from 9:00 a.m. to 9:30 p.m. daily to 9:00
a.m. to 1:00 a.m. daily. No other changes to the existing restaurant operations are proposed or requested.
The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines -
i.e.,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 documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport
Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Thursday prior to the hearing.
For more information, please call (949) 644 -3005.
For questions regarding details of the project please contact Janet Johnson Brown, Associate Planner, at
(949) 644 -3236 jbrown @newportbeachca.gov.
Project File No.: PA2011 -041
Zone: CM (Commercial Recreational and Marine)
Location: 333 Bayside Drive
Activity No.: UP2011 -007
General Plan: CM (Commercial Recreational and Marine)
Applicant: Jeff R uter
Leilani I. Brown City Clerk
City of Newport Beach
050-471 82 44013233 440 132 60
City Of N p o rt State Of California Herbert Gelfand
33 Blvd Po Box 2304 127 Liberty
Newpo Beach Ca 92663 Los Angeles Ca 90051 Newport Beach Ca 92660
440 13261 440 132 62 440 132 63
Herbert Gelfand H Bert G � rem ny
300 E Coast Hwy 300 oast Hwy 55Center Dr
Newport Beach Ca 92660 Ne tZort Beach Ca 92660 Ne ch Ca 92660
Applicant/Contact Je e er LINDA ISLE COMMUNITY ASSOC
54 ine Avenue KEYSTONE PACIFIC
ewpo Beach, CA 92663 16845 VON KARMAN 200
Owner IRVINE, CA 92606
333 Bayside LLC BAYSIDE VILLAGE HOA
Attn: Jerry Barto Jeff Reuter TERRA VISTA MGMT /BAYSIDE VIL
1041 W 18 "' Street, Suite A -101 549 Irvine Avenue Attn: NICOLE CONNER
Costa Mesa, CA 92627 Newport Beach, CA 92663 300 E COAST HWY
NEWPORT BEACH 92660
333 Bay °de LL Jeff R uter PA2011 -041 for UP2011 -007
Attn: Jerr B to
1041 W 18`" treet, Suite A -101 549 lrvs a enue 333 Bayside Drive
Costa Meta, 92627 Newpo each, CA 92663 CD #5 L Labels
J
050 411 01 050 411 02 05041,1 03
Newport Coast Development Pacific Bayside Plaza LLC Beach Cars Newport
301 E Coast Hwy 2025 W Balboa Blvd 110 SE 6th St #26th
Newport Beach Ca 92660 Newport Beach Ca 92663 Fort Lauderdale FI 33301
050 451 07 050 451 08 050 451 22
333 Bayside LLC Thbk Investments LLC Paul Salata
1041 W 18th St #a101 1100 Newport Center Dr #150 3723 Birch St #11
Costa Mesa Ca 92627 Newport Beach Ca 92660 Newport Beach Ca 92660
050 451 24 050 451 25 050 451 26
Robert Francescon Julius Viana Joan Edwards Randolph
4949 S Syracuse St #320 101 Linda Isle Po Box 9888
Denver Cc 80237 Newport Beach Ca 92660 Newport Beach Ca 92658
050 451 27 050 451 28 050 451 30
Thuyen Tran Alvin Dubrow Hansel David Benvenuti
103 Linda Isle 104 Linda Isle 106 Linda Isle
Newport Beach Ca 92660 Newport Beach Ca 92660 Newport Beach Ca 92660
050 451 31 050 451 32 050 451 33
Casey Loyd Isle Community Assn Linda J H Siroonian Inc
107 Linda Isle 17601 17th St #218 2750 N Parkway Dr
Newport Beach Ca 92660 Tustin Ca 92780 Fresno Ca 93722
050 451 34 050 451 35 050 451 50
James Smith Steve Horton Mike Hartunian
75 Linda Isle 475 El Camino Real #100 99 Linda Isle
Newport Beach Ca 92660 Santa Clara Ca 95050 Newport Beach Ca 92660
050 451 54 050 451 55 050 451 56
Donald McCalla Irvine Cc Russell Fluter
105 Linda Isle 550 Newport Center Dr 2025 W Balboa Blvd
Newport Beach Ca 92660 Newport Beach Ca 92660 Newport Beach Ca 92663
050 451 57 050 S1 59 050 451 6
rvine Co Rus ell F to Irvi Ye 550 rt Center Dr 2025 alboa Blvd 550 wport Center Dr
Newport each Ca 92660 Newpo Beach Ca 92663 Ne Beach Ca 92660
050 471 01 050 471 02 050 471 24
Linda Isle Community Assn Marjorie Austin Meat LLC
1234 E Normandy PI 401 Bayside Dr Po Box 6240
Santa Ana Ca 92705 Newport Beach Ca 92660 Stateline Nv 89449
050 471 60 050 471 61 050 471 69
Donald Christy Jr. Robert Waller City ort Beach
Po Box 7800 1225 N Grove St 3300 Ne port Blvd
Costa Mesa Ca 92628 Anaheim Ca 92806 Newport each Ca 92663