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Home My WebLink About18 - Appeal of Planning Commission approval of Balboa Marina West Restaurant (201 East Coast Highway) - CorrespondenceReceived After Agenda Printed February 9, 2016 Item No. 18 From: City Clerk's Office Sent: Tuesday, February 09, 2016 8:04 AM To: McDonald, Cristal; Mulvey, Jennifer; Rieff, Kim Subject: FW: Appeal to City Council on 2/9/16 re Balboa Marina West Project From: Margo O'Connor Sent: Tuesday, February 09, 2016 8:03:52 AM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: Appeal to City Council on 2/9/16 re Balboa Marina West Project Dear City Council: On Tuesday, February 9. 2016, the Newport Beach City Council will be considering Linda Isle's Appeal of the Planning Commission's Approval on 12/17/15 of the Balboa Marina West Restaurant Project. The proposal was approved despite our objections and despite the City Staff s own recommendation that the Sliding Doors be replaced by Fixed Windows due to the results of their own Acoustical Study. This Restaurant/Nightclub will be the largest such building in Newport Beach at over 14,000 sq. ft., with seating for 377, live entertainment, outdoor dining (40 seats) and serving alcohol until TWO a.m.. The Linda Isle community is only yards away from this! Some of you recently campaigned with platforms that stated concerns for family values and for the rights of homeowners. We hope that you will agree that this Nightclub is outrageous for this location. It is an example of the need for Land Use Restraints when said Land Use is clearly detrimental to nearby property owners. Also, the significant lack of on-site parking will necessitate street parking. This will impact nearby communities with increased traffic and loss of their available parking. Like Linda Isle, these nearby communities will suffer the same glare issues as well as noise from people talking and car doors slamming up till TWO a.m.. In addition, we have concern regarding loss of Views, and the effects that Dredging and Construction could have on our infrastructure and the silting of our docks. Thank you for considering our Appeal. Respectfully, Margo O'Connor 90 Linda Isle 0) From: Linda Crean <lalacrean@gmail.com> Sent: Tuesday, February 09, 2016 12:30 PM To: City Clerk's Office Cc: lalacrean@gmail.com Subject: FW: Balboa Marina West Restaurant Project Received After Agenda Printed February 9, 2016 Item No. 18 From: Linda Crean [mailto:lalacrean0gmail.com] Sent: Tuesday, February 09, 2016 12:16 PM To: 'CityClerk@newportbeach.gov' Subject: Balboa Marina West Restaurant Project Dear City Council Members, We reside/own 92 Linda Isle and my husband is the former owner of the Villa Nova Restaurant located at 3131 W. Coast Hwy. In reviewing the agenda package for the Marina West Project we noted a number of false/misleading representations contained within the various reports and documents. Throughout this process there appears to be a bias for the applicant/project and failure of the Planning Commission/City to uphold an equality of property ownership rights for the adjacent Linda Isle residences, in particular, number 89, 90, 91, 92, 93 & 94 as well as surrounding neighborhoods. Because some of the documents have been prepared jointly with the City of Newport Beach/ Irvine Company we believe there is a possibility of conflict of interest that has tainted the City's ability to be objective on the entire project. Much of the documentation is subjective and in most instances favors the applicant. The minutes of the meeting, which detailed the actions regarding approval of the project, were not available for public review until January 30, 2016. Nine days is scarcely enough time to pursue a legal opinion, however, per the requirements of the "Notice of Public Hearing" we wish to comply in the event we challenge this project in the future (both landside & waterside i.e. PA2015-113 & PA2012-103) or determine damages caused by the City of Newport Beach in court. The project site is a beautiful piece of real estate and we believe it's possible for commercial and residential properties to successfully co -exist if properly executed. The Irvine Company is the premier developer of Southern California and we're confident that the completed project, if modified, would be spectacular and well maintained. It's our understanding that this will be the largest restaurant/night club within the city and in addition to the above mentioned concerns we believe it will have a negative impact on our personal and property rights in part by size, hours of operation and noise. We also question some of the information (or lack of) and statements made in the parking demand analysis, technical noise study, MND, coastal land use plan consistency analysis and miscellaneous supporting attachments within the file. Due to medical issues we are unable to attend this evening — we support our neighbors as 100% of us object to the decision and would like to remind the "council" that the Linda Isle HOA attorney is representing 107 residences of which due to age and health are unlikely to attend - so please do not interpret lack of attendance as lack of concern. Also, we are the only residential properties within 300' of the project that have been notified. If you have a moment I recommend you review the televised recording of the November 25, 2014 city council meeting and that you have fully reviewed and understand the above mentioned reports, minutes and documents prior to voting tonight. Thank you, Andy & Linda Crean Received After Agenda Printed February 9, 2016 Item No. 18 From: Alford, Patrick Sent: Tuesday, February 09, 2016 5:04 PM To: Dept - City Clerk Subject: FW: Balboa Marina West Restaurant Appeal -----Original Message ----- From: Sherree Vaughan [mailto:sarvaughan@aol.com] Sent: Tuesday, February 09, 2016 5:01 PM To: Alford, Patrick Subject: Balboa Marina West Restaurant Appeal Dear Mr. Alford, I am unable to attend tonight's 2/9/16 Planning Commission meeting regarding the Balboa Marina West Restaurant Appeal. Therefore as a resident of Linda Isle I am forwarding my concerns related to the project to you and the Commission. My concerns are basically the same as I stated and emailed to you on 12/17/15 when you and the other members of the Commission approved the project as presented by the Irvine Co. Concern # 1: The size of the restaurant as approved. The restaurant as approved, all 14,200 sq. ft., will be on the second floor of the new building facing residential homes. All of these homes are built with their living and majority of sleeping areas facing this huge elevated structure. The restaurant's architectural plans call for the windows (which have been approved to open) and patio area to face these homes. The distance from the activities of the restaurant to the homes on Linda isle is approximately 200 ft across the water. Concern #2: Hours of Operation and Activities as Approved. The approved restaurant plan calls for the part of the restaurant facing the residences to be opened, live music will be allowed, and the restaurant will be in operation from approximately 9:OOam to 2:OOam. The restaurant therefore, will be open for business and allowed to serve alcohol 17 hours per day, seven days per week. Additional hours will of course be needed for cleaning and deliveries. All of this activity will contribute to untold noise and the disruption of the quality of family life for most of the residents of Linda Isle. Concern #3: Amount of parking planned for the size of the approved development. The Commission has allowed for a reduction of the required off-street parking. This new restaurant is being planned for the space next to two existing restaurants that currently have ongoing parking issues. The Commission is choosing to ignore conditions and problems that already exist in this area. Also there is no on street parking anywhere in area. I cannot state strongly enough that I believe the Planning Commission has made a huge mistake in approving the plan as presented on 12/17/15. 1 believe the Commission needs to take a step back and reconsider what your actions are doing to this community by going along with the Irvine Company's push for overdevelopment of this small section of property. I know the Commission has stated a desire to bring visitors to Newport Beach. I believe that is a good vision for the Commission. However, I believe the Planning Commission has a duty to consider the needs, quality of family life and safety, of the residents and tax payers of Newport Beach, who will be living here long after many of the developers have moved on. Sometimes, Less Is More... Thank You, Sherree Vaughan Linda Isle, Newport Beach Sent from my Whone