HomeMy WebLinkAbout20 - 3-Thirty-3 Waterfront Appeal - Memorandum"API" �,��11ii1
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 NEWPORT BOULEVARD, BLDG. C
NEWPORT 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."