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HomeMy WebLinkAbout11 - PH-2 - Review of Planning Application PA-16-55 - 11/15/2016CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 15, 2016 ITEM NUMBER: PH -2 SUBJECT: REVIEW OF PLANNING APPLICATION PA -16-55 FOR HOLIDAY (FORMERLY LION'S DEN AND MAISON) 719 WEST 19TH STREET DATE: NOVEMBER 3, 2016 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP, SENIOR PLANNER (714) 754-5611 mel.lee@costamesaca.gov RECOMMENDATION: Uphold, Reverse, or Modify the Planning Commission's decision to approve Conditional Use Permit PA -16-55 to allow live entertainment including, but not limited to, music, dancing, and open microphones, for an entertainment venue (Holiday, formerly Lion's Den and Maison) within 200 feet of residentially -zoned properties, and on-site valet parking. A current public entertainment permit allows disc jockey entertainment (DJ) and dancing. Proposed hours of operation are from 7:00 a.m. to 2:00 a.m., seven days a week; proposed hours for live entertainment are 11:00 a.m. to 2:00 a.m., seven days a week. The Planning Commission's approval was called up for review by a Council Member. APPLICANT/AUTHORIZED AGENT The applicant/authorized agent is Pacific Planning Group Inc., representing Pange Family Trust, the property owner. BACKGROUND/ANALYSIS Project Site/Environs The subject property is located on the south side of West 19th Street, between Wallace Avenue and Pomona Avenue. The site is bounded by a commercial use to the east (Smart and Final Market), a multi -tenant commercial building to the west, and various commercial uses to the north across West 19th Street. The site abuts residential properties to the south. The subject site and surrounding commercial properties are zoned C1 (Local Business District) and has a General Plan Land Use Designation of General Commercial. The residential properties to the rear are zoned R2 -HD (Multiple Family Residential -High Density) and has a General Plan Land Use Designation of High Density Residential. Site History Retail Center The subject property contains two multi -tenant commercial buildings on two separate parcels originally constructed in the early 1960's. The parcels are under the same owner and are also tied together via a recorded reciprocal access agreement. Other uses within the retail center includes restaurants, a laundromat, a medical clinic, and retail shops. The site is currently striped with 80 on-site parking spaces at the front of both buildings; the parking spaces at the rear of the subject building (adjacent to the residential properties) are not striped. Vehicular access is provided from two driveways on West 19th Street and a single driveway on Wallace Avenue. The rear drive aisle and parking area of the subject building (abutting the residential properties) has rolling vehicle gates at both ends of the building; the gate at the easterly end of the building abuts the Smart & Final property and allows trash and delivery vehicles to access the subject property through the Smart and Final parking lot when the gate is open or unlocked. The subject property is separated from the existing residential properties to the south by a 5 -foot high block wall with 2 feet of wood fencing on top of the block wall, and mature trees on the residential side of the property (see site photos attached). Bar/Lounge According to the City's building permit records, the subject tenant space has been used as a cocktail bar/lounge since 1963, when it was also used as a restaurant. Prior to its current name (Holiday), its previous names were Lion's Den and Maison. Zoning Code Section 13-47 requires eating and drinking establishments with alcoholic beverage sales, entertainment, and dancing within 200 feet of residentially - zoned property, and open past 11:00 pm, to have a conditional use permit; however, as the business was established in the early 1960's, it predates this requirement and is nonconforming. Public Entertainment Permit Although the establishment does not have a conditional use permit, it is required to have a Public Entertainment Permit (PEP) in accordance with Costa Mesa Municipal Code (CMMC) Title 9, Article 11 (Regulatory Permits for Public Entertainment). The PEP for this establishment has been issued annually by the Code Enforcement Division since the 1980's. A copy of the current PEP, which expires on October 29, 2016, is attached to the Planning Commission report for reference. It should be noted that prior to 2010, the PEP allowed Lion's Den to have live entertainment; however, when the PEP was renewed in November of that year, the operator at the time (Beverly Corrigan) discontinued providing live entertainment, deciding to provide recorded music (DJ) and dancing only. A copy of the November 2010 PEP, with the operator's request to discontinue live entertainment, is also attached to the Planning Commission report for reference. State Alcoholic Beverage Control (ABC) License The establishment is permitted to operate with a State Alcoholic Beverage Control (ABC) License Type 48 (On -Sale General, Public Premise). According to the license query system on the State ABC website, a copy of which is attached to the Planning Commission report, the license is currently active and there are no disciplinary actions related to the license on file with ABC. The conditional use permit, whether it is approved or denied, will not affect the existing ABC license. Building Safety and Fire Prevention Activity According to City records, the interior layout of the establishment was unchanged under Beverly Corrigan, the operator of Lion's Den. A copy of the original floor plan layout is attached to this report. The operator of Maison, Roland Barrera, acquired the lease and assumed operation of the establishment in October 2014. On March 18, 2015, the Building Safety Division, based on a resident complaint, conducted an inspection and issued a Stop Work Notice for construction that was occurring within the tenant space without building permits. On March 20, 2015, after further inspection by the Building Safety and Fire Prevention inspectors, the building was determined to be unsafe to occupy and issued a "Red Tag". As part of the stop work and red tag notices, the operator was required to do the following: • Submit plans to the Building Safety Division for plan check and obtain the necessary Building Safety and Fire Prevention permits; • Obtain any required inspections and approvals; and • Obtain approval of a Conditional Use Permit from the Planning Division for live entertainment. Status of Building and Fire Safety Permits and Inspections Tenant improvement plans were submitted to the Building Safety Division for plan check on May 7, 2015. The 4,679 square foot space is divided into two areas described below and indicated in the plans attached to this report: • Phase 1 (Holiday Room): A 3,063 square foot space with a raised stage floor, 2 raised seating areas, a main lounge with bar, storage rooms, and restrooms. • Phase 2 (Red Room): A 1,616 square foot space with a smaller lounge area with bar. Building permits for Phase 1 were issued by the Building Safety Division on July 1, 2015 and finaled by the building inspection staff on September 16, 2015. Building permits for Phase 2 were issued by the Building Safety Division on August 4, 2016. This phase is currently under construction. Holiday has also obtained the required permits and inspections by Fire Prevention, subject to final approval and inspection when the construction for Phase 2 is completed. 8/25/16 Photo of Holiday Room (Looking Toward Bar Area from Main Entrance) 8/25/16 Photo of Red Room Under Construction (Future Bar Area in Foreground) Code Enforcement Activity A code enforcement case was opened on March 18, 2015 against the prior operator, Roland Barrera, for construction without permits (see Building Safety and Fire Prevention Activity). The case was closed when the current operator obtained the permits required by those departments as described earlier in this report. The Community Services/Code Enforcement Division received a complaint in late July 2016 regarding noise, but the complainant did not call police and Code Enforcement staff found no evidence to substantiate the complaint. Code Enforcement staff has not received any additional noise complaints since July 2016. Since the July 2016 complaint, Code Enforcement staff has visited the site and has not found any concerns regarding noise emanating from this location. Police Calls for Service Between August 1, 2015 and August 23, 2016 there were 215 calls for service at the specific location according to the Police Department Crime Analysis Unit. Of the 215 calls, 166 were self -imitated by police patrols (subject stop, patrol checks, traffic stops, and bike stops). Calls to a bar/lounge would typically be disturbance calls, loud music calls, and drugs and alcohol-related calls occurring during the establishment's business hours or just after closing. Additional calls for Police Service from August 24, 2016 to September 20, 2016, and September 21, 2016 to October 30, 2016 are also attached to this report (Attachment 9). CUP Request for Live Entertainment Venue and Valet Parking (PA -16-55) Holiday opened to the public on July 15, 2016. As indicated earlier, live entertainment was discontinued at the establishment in late 2010. Because the current operator is proposing live entertainment for an establishment open past 11:00 p.m. and within 200 feet of residentially -zoned properties, approval of a conditional use permit is required. Live entertainment including, but not limited to, music, dancing, and open microphones is proposed. The proposed hours of operation are 7:00 a.m. to 2:00 a.m., 7 days a week. The applicant indicates that light breakfast and lunch items may be served, however, the main use (bar/lounge with live entertainment) begins operating after 11:00 a.m. until 2:00 a.m. A valet parking plan is proposed in the event it becomes necessary to prevent overflow patron parking onto adjacent properties and streets. Planning Commission Action The Planning Commission considered the project at their September 12, 2016 meeting. During the hearing 7 persons spoke in favor of the request and 3 spoke in opposition. Written correspondence both in opposition and in support are also attached to this report. During their deliberations, the Commissioners expressed the following opinions and points of view regarding the proposed project: • The Commission noted that the sound attenuation measures proposed by the applicant's noise consultant would decrease the noise impacts to abutting residents. • The Commission noted the applicant's outreach to the abutting neighbors, to the extent that they had extended an offer to install noise meters at their homes to monitor the noise levels. • The Commission amended condition of approval number 3.a) to require the applicant to remit a noise study by an acoustical engineer within one month (originally 6 months) from the approval of the CUP identifying the noise levels at the rear property line adjacent to residential properties. They also added language to the condition that allows the Development Services Director to impose additional conditions as necessary to mitigate noise issues. • The Commission noted that the establishment is in compliance with the ABC License regulations as approved. Based on the above, the Commission approved the project by a 5-0 vote. Request for review of by City Council On September 19, 2016, a request for City Council review of the project was filed by a Council Member. It should be noted that the City Council hearing is a de novo hearing in which the City Council may consider the project in its entirety. De Novo Hearing The purpose of this report is to highlight and/or clarify the evidence in the administrative record that was presented to the Planning Commission prior to its action to approve the proposed project. This report does not provide any further justification for the approval of the request. ENVIRONMENTAL REVIEW The request has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities. If the request is denied, it is exempt from the provisions of CEQA Section 15270(a) for Projects Which Are Disapproved. LEGAL REVIEW The City Attorney's Office has reviewed the attached resolutions and approved them as to form. ALTERNATIVES CONSIDERED As a de novo hearing, City Council has the following options in this case: • Alternative A, Uphold the Planning Commission's Action: Uphold the Commission's action with the conditions of approval as shown in the draft Council resolution. • Alternative 8, Reverse the Planninq Commission's Action: Deny the Commission's action. If the project were denied, the applicant could not submit substantially the same type of application for six months. NOTE: If the application were to be denied, the applicant could still continue to operate the establishment with recorded music and dancing under the current Public Entertainment Permit. CONCLUSION De novo literally translates to "anew," "afresh" or "a second time." A de novo hearing is essentially a new proceeding where the proposal is presented to the City Council for final consideration. In its decision making, Council is not restricted to the evidence that was previously presented to the Planning Commission. In this case, the City Council may uphold, reverse, or modify the discretionary decision of the Planning Commission. MEL LEE, AICP JAY TREVINO, AICP Senior Planner Economic Development and Development Services Director/ Consultant ATTACHMENTS: 1. Location Map and Plans 2. Site Photos 3. Review Application 4. Draft City Council Resolutions 5. Plannina Commission Minute Excerats 6. Plannina Commission Reaort and Attachments 7. Planning Commission Resolution 8. Correspondence 9. Calls for Police Service 10. Plans cc: Pacific Planning Group Inc. c/o Karen Martin 668 North Coast Highway #401 Laguna Beach, CA 92651 The Pange Family Survivor Trust c/o Marc Pange and Ann McClelland 213 Kelton Avenue San Carlos, CA 94070 Steven A. Chan 720 Center Street, #A Costa Mesa, CA 92627 City of Costa Mesa CITY OF COSTA MESA - [Created: 5/19/2015 1:12:55 PM] [Scale: 234.08] [Page: 8.5 x 11 / Landscape] Overview Map Legend Address / Pr—rV Small sLCONDA. MY Address ,r Hydrolo- > Points gy Channel - Freeway s Road's C."d. Street frou"y Names ,#,o map, �* f1 tLvo Street Centerlin- R •t. cont) es Map Display t Z c. I'�.kl m vwo J _ .r J t 1 . N W 1.x.1. IjACn ' d oil t � r - c�a ♦ {f y W F a.. d 71 t (C) 2002-5 GeoPrise.net (GeoVec, Inc.) - (866)422-2505 > A ,r MINOR la r R •t. AL Wrqr CENTER STa .1. F ,1• -.� r. k r w I,� I•r �� • IF �� • f id n'n�n•i.DuFrtx: NLl..,,,`. `y ,.. '., •.• .. r,. 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Com 15.038 20 7.2916 M ®�®����������II�II��1�H ���'� �ES t 2110.00' � ---------------------------------------------------------------------------------------------------------------------------------- = 7 9th STREET =$;I C� SMGIHCILIUAY 719 WEST 19th STREET COSTA MESA, CA. 92627 949.278.8728 SITE PLAN 719 WEST 19th STREET COSTA MESA, CA. 92627 14"7 N om 1946 ACRES GROSS BUILDING AREA BUILDING 1 8, 158 SF BUILDING 2 12,088 SF ACAPULgCO PA RODLNING 574 SF Kr7UOTAM 0.7 IG7Sf BUILDING COVERAGE 24.61 $ STALLS PROVIDED 107STALLS PARKING RATIO 5.13STALLS71000 lw ARCHITECTURE PLANNING INTERIORS WILLIAM MASON ARCHITECT, INC. 3276 DAKOTA AVENUE COSTA MESA, CALIFORNIA 92626 0: 714.427 0688 M: 714 724 3990 B illqpW I I IIOnlMosonArchtecl. Com 15.038 20 7.2916 Y.0 -a/.. 29'-6%6- 9' g' 747.L/O.O/LO IUM 20 72916 SMG 719 WEST 19th STREET COSTA MESA, CA. 92627 949.278.8728 NORTH / FRONT ELEVATION EAST / SIDE ELEVATION ELEVATIONS UCLIU'Ay 719 WEST 19th "TREET COSTA MESA, (;A. 92627 - IA(4' 1 ' 4' 0' 2' Ol (E) COMP SHINGLE ROOFING 2 PARAPET WALL 3 (E) PARAPET 4 (E) MANSARD 5 (E) 2X12 FASCIA 6 2X8 FASCIA 7 (E) 2X FASCIA 8 T-111 SIDING 9 (E) T-111 SIDING 10 (E) PLASTER WALL and / or SOFFIT 11 DOORS 12 (E) DOOR 13 (E) PHONE BOARDS 14 (E) ELECTRICAL PANEL and METER 15 (E) METAL COPING 16 (E) RTU (ROOFTOP UNIT) 17 POTENTIAL FUTURE RTU 18 (E) CANT 19 CRICKET 20 GUTTER 21 (E) GUTTER 22 DOWN SPOUT 23 CONC SPLASH BLOCK 24 ROOF DRAIN and OVERFLOW 25 DEMO (E) CMU WALL, GATE and LATTICE 26 (E) PLASTER 27 (E) SIGNAGE W/ NEW FACE 28 (E) SIDING 29 (E) ELECTRICAL CABINET NOTES: 1, ALL ITEMS ARE NEW U.N.O. ARCHITECTURE PLANNING INTERIORS WILLIAM MASON ARCHITECT, INC. 3276 DAKOTA AVENUE COSTA MESA, CALIFORNIA 92626 0: 714.427,0688 M: 714.724.3990 Billy W illiamMasonArchi lett, tom 15,038.20 7,29.16 3 "Off i Y 4mb .0 EL I -x -1: on& am �m -1(0- r'i Costa Mesa 3 tft_Li.:.l4'�.L. Ll I i -Y C LE R KCity of Costa Mesa 16 SEP 19 PM 4: SG Appeal of Commission Decision - $1,220.00 1JTY ji r�I A � fESA Appeal of Zoning Administrator/Staff Decision - $690.00 (FEES MUST BE PAID IN FULL AT TIME OF FILING APPEAL; APPLICATION FOR APPEAL OR REVIEW Applicant Name* Sandra Genis Address: 77 Fair, Costa Mesa Phone: -7/q— 7 f -O S/ Representing: REQUEST FOR: APPEAL Decision of which appeal or review is requested known.) CiiVIEW** (give application number, if applicable, and the date of the decision, if A -10 -DD: t_UNli11 tUNAL UJiE 1'i✓Kvll l IU ALLOW LIVE ENTERTAINMENT AND ONSITE VALET ARKING AT 719 WEST 19TH STREET (HOLIDAY), September 12, 2016. Decision by: Planning Commission Reasons for requesting appeal or review: Neighborhood concerns re noise and ABC license. *If you are serving as the agent for another person, please identify the person you represent and provide proof of "Review may be requested only by Commissions, Commission Members, City Council, or City Council Members. For office use only — do not write below this line SCHEDULED FOR THE CITY COUNCIL/COMMISSION MEETING OF'. REV 9-1-15 ATTACHMENT 4 RESOLUTION NUMBER 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA - 16 -55 FOR LIVE ENTERTAINMENT AT HOLIDAY (FORMERLY LION'S DEN AND MAISON) AT 719 WEST 19TH STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Pacific Planning Group, representing Pange Family Trust, the property owner, requesting approval of a conditional use permit for the following: • Conditional Use permit to allow live entertainment including, but not limited to, music, dancing, and open microphones, for an entertainment venue (Holiday, formerly Lion's Den and Maison) within 200 feet of residentially -zoned properties, and on-site valet parking. A current public entertainment permit allows disc jockey entertainment (DJ) and dancing. Proposed hours of operation are from 7:00 a.m. to 2:00 a.m., seven days a week; proposed hours for live entertainment are 11:00 a.m. to 2:00 a.m., seven days a week. WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 12, 2016 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 5-0 vote. WHEREAS, on September 19, 2016, the approval of PA -16-55 was called up for review by a council member. WHEREAS, on November 15, 2016, a duly noticed public hearing was held by the City Council. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the City Council hereby APPROVES PA -16-55. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for PA -16-55 and upon applicant's compliance with each and all of the conditions contained in Exhibit B as well as with compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to • review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 15th day of November, 2016. ATTEST: CITY CLERK OF THE CITY OF COSTA MESA STEPHEN M. MENSINGER Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY ATTORNEY - IQ- STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 16_ as considered at a regular meeting of said City Council held on the , 2016, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the , 2016, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2016 FINDINGS (APPROVAL) A. The proposed project complies with Title 13, Section 13-29(g)(2), conditional use permit and minor conditional use permit, of the Municipal Code due to the following: The proposed use is substantially compatible with developments in the same .general area and would not be materially detrimental to other properties within the area. The proposed use, with the recommended conditions of approval, will be consistent with the other uses in the immediate vicinity. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. Granting the conditional use permit and minor conditional use permit will not be materially detrimental to the health, safety, and .general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. The use is an existing commercial project consistent with the C1 zoning of the property and residentially -zoned properties in the vicinity. Compliance with the applicable Building and Fire Safety Codes will ensure that the use is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Granting the conditional use permit and minor conditional use permit will not allow a use, density, or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. The use is zoned C1 (Local Business District) and has a General Plan Designation of General Commercial. The use, as conditioned, is consistent with the applicable provisions of the General Commercial General Plan Designation. The request, as conditioned, is consistent with the following policy of the 2015-2035 General Plan. o Policy LU -3.1: Protect existing stabilized residential neighborhoods, including mobile home parks (and manufactured housing parks), from the encroachment of incompatible or potentially disruptive land uses and/or activities. B. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. This project site contains an existing building with no increase in total floor area for the building proposed. The project, as conditioned, is consistent with the applicable General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. -21— CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation as described in the staff report. Any change in the operational characteristics including, but not limited to, the hours of operation indicated (7:00 a.m. to 2:00 a.m., seven days a week for the venue; 11:00 a.m. to 2:00 a.m., seven days a week for live entertainment), shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(0)]. 2. Entertainment shall include, but not be limited to, amplified live music, dancing, DJ, and open microphones. Any change to the operational characteristics shall require approval of an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. 3. Any music or live entertainment, including a DJ and/or dancing, may only be permitted subject to City issuance of a "Public Entertainment Permit" on an annual basis. Within 15 days of the approval of the CUP, the applicant shall submit an application for the Public Entertainment Permit to the Community Improvement/Code Enforcement Division. The initial approval of this permit will be temporary for a probationary period of six months and may only become a permanent yearly renewal when the following conditions are met: a) Within one month of the approval of the CUP, the applicant shall remit a noise study by an acoustical engineer which identifies the noise levels at the rear property line abutting the residential properties. Noise monitoring shall occur for a four-hour period from 11:00 a.m. to 2:00 a.m. for a minimum of 4 different types of events (live bands, DJ, open microphone, and dancing). Study shall provide conclusions as to whether or not the operations of the bar/lounge comply with the City's Noise Ordinance with regard to the adjacent residences. Study shall make recommendations that shall be implemented by the applicant to reduce noise levels (as applicable) to ensure compliance with the Noise Ordinance. The Development Services Director may impose additional conditions as necessary to mitigate noise issues. 4. If staff determines that a violation of the noise ordinance has occurred, the Public Entertainment Permit may be placed into suspension and all entertainment approved under this conditional use permit must cease. Staff will work with the applicant to -22- mitigate the violation and may make recommendations. This includes, but is not limited to, the lifting of the suspension, a change of status in the Public Entertainment Permit from a permanent to probationary status, and/or a recommendation for change/revocation to the conditional use permit. 5. The rear doors shall remain closed during any performance of live entertainment, pre-recorded music, and dancing. 6. The conditions of approval and ordinance or code provisions of planning application PA -16-55 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 7. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. 8. There shall be no room or designated area reserved for the exclusive use of designated persons or "private club members." 9. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator and/or business owner shall institute whatever security and operational measures are necessary to comply with this requirement. 10. There shall be no sales of alcoholic beverages for off-site consumption. 11. For establishments with a State Alcoholic Beverage Control (ABC) License, all sales and service staff (within 90 days of hire) shall complete Responsible Beverage Service (RBS) training with a provider approved by the California Department of Alcoholic Beverage Control. A copy of the training certificates shall be kept on premises and presented to any authorized City official upon request. 12. Parking for patrons and employees of the business shall occur on-site. Patron parking shall be restricted to the front parking area only; employee parking shall be restricted to the rear parking area only. 13. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 14. The valet parking plan shall be subject to the following: a) The valet parking plan shall be reviewed and approved by the Transportation Services Division prior to implementation. b) The valet station(s) shall be located on private property in areas that do not interfere with parking for other properties, drive aisles, public alleys, or public streets. c) Valet parking shall occur on-site only. No valet parking may occur on any other property or in any public alley or public street. d) Valet parking shall specify the hours it will take place. e) To minimize impacts to adjacent residential properties, drop-off and pick-up of customer cars shall not occur within the parking —2-3- area at the rear of the property. f) Parking spaces not reserved for valet parking shall remain open and unobstructed for customer self -parking. 15. An adequate number of security personnel, as determined by the Police Department Crime Prevention Bureau and/or the Development Services Director, shall be provided to ensure that all parking lots are monitored during the days and hours the business is in operation. Security personnel shall provide parking management, noise control, loitering prevention, as well as general security of all parking areas on and immediately abutting the subject site. 16. Operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which applicant has control, to prevent trash, graffiti and littering. Any lighting under the control of applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of nearby residences. Applicant shall further provide adequate lighting above the entrance to the premises sufficient in intensity to make visible the identity and actions of all persons entering and leaving the premises. 17. The intensity and location of lights shall be limited to minimize nighttime light and glare to residents and shall be subject to the Development Services Director's approval. 18. All site lighting fixtures shall be provided with a flat glass lens. Photometric calculations shall be submitted and shall indicate the effect of the flat glass lens fixture efficiency. 19. Lighting design and layout shall limit light spillage to no more than 0.5 footcandles at the property line of residential properties, consistent with the level of lighting that is determined necessary for safety and security purposes on site. Light standards near residential properties shall be shielded in such a way as to minimize light spillage onto surrounding properties. 20. The operator shall maintain free of litter all areas of the premises under which applicant has control. 21. A copy of the conditions of approval shall be kept on the premises and presented to any authorized City Official upon request. New business/property owners shall be notified of conditions of approval upon Transfer of business or ownership of land. 22. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of, or which are in any way related to, the applicant's project, or any approvals granted by City related to the applicant's project. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in -24— connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. City shall have the right to choose its own legal counsel to represent the City's interests, and applicant shall indemnify City for all such costs incurred by City. 23. The project is subject to compliance with all applicable Federal, State, and local laws. A copy of the applicable Costa Mesa Municipal Code requirements has been forwarded to the Applicant and, where applicable, the Authorized Agent, for reference. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. Hours of construction shall comply with Section 13-279, Title 13, of the Costa Mesa Municipal Code. 3. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 4. All exits shall be clearly marked with "EXIT" signs. 5. Outdoor public communication systems shall not be audible in adjacent residential areas. Bldg. 6. Comply with the requirements of the 2013 California Building Code, 2013 California Residential Code, 2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Green Building Standards Code and 2013 California Energy Code (or the applicable adopted, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: —2:5— Sani. 1. Applicant shall contact Costa Mesa Sanitary District at (949) 654-8400 for any additional district requirements. AQMD 2. Applicant shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. Water 3. Customer shall contact the Mesa Water District — Engineering Desk and submit an application and plans for project review. Customer must obtain a letter of approval and a letter of project completion from Mesa Water District. State 4. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. T`2 -(p RESOLUTION NUMBER 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DENYING PLANNING APPLICATION PA -16- 55 FOR LIVE ENTERTAINMENT AT HOLIDAY (FORMERLY LION'S DEN AND MAISON) AT 719 WEST 19TH STREET THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Pacific Planning Group, representing Pange Family Trust, the property owner, requesting approval of a conditional use permit for the following: • Conditional Use permit to allow live entertainment including, but not limited to, music, dancing, and open microphones, for an entertainment venue (Holiday, formerly Lion's Den and Maison) within 200 feet of residentially -zoned properties, and on-site valet parking. A current public entertainment permit allows disc jockey entertainment (DJ) and dancing. Proposed hours of operation are from 7:00 a.m. to 2:00 a.m., seven days a week; proposed hours for live entertainment are 11:00 a.m. to 2:00 a.m., seven days a week. WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 12, 2016 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 5-0 vote. WHEREAS, on September 19, 2016, the approval of PA -16-55 was called up for review by a council member; WHEREAS, on November 15, 2016, a duly noticed public hearing was held by the City Council. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the City Council hereby DENIES PA -16-55. PASSED AND ADOPTED this 15th day November, 2016. ATTEST: STEPHEN M. MENSINGER Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA —2' STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 16_ as considered at a regular meeting of said City Council held on the , 2016, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the , 2016, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2016 2, EXHIBIT A FINDINGS A. The proposed project does not comply with Title 13, Section 13-29(g)(2), conditional use permit and minor conditional use permit, of the Municipal Code due to the following: ® The proposed use is not substantially compatible with developments in the same general area and would be materially detrimental to other properties within the area. The proposed use, is not consistent with the other uses in the immediate vicinity. Granting the conditional use permit and minor conditional use permit will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. The use is not consistent with residentially -zoned properties in the vicinity. The use is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood due to noise impacts. Granting the conditional use permit and minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. The use is zoned C1 (Local Business District) and has a General Plan Designation of General Commercial. The project is not consistent with the applicable provisions of the General Commercial General Plan Designation. The request is not consistent with the following goals and objectives of the General Plan: o Policy LU -3.1: Protect existing stabilized residential neighborhoods, including mobile home parks (and manufactured housing parks), from the encroachment of incompatible or potentially disruptive land uses and/or activities. B. The Costa Mesa City Council has denied Planning Application PA -16-55. Pursuant to CEQA Guidelines Section 15270(a), CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. ATTACHMENT 5 APPROVED MINUTE EXCERPTS FROM THE SEPTEMBER 12, 2016 PLANNING COMMISSION MEETING REGARDING HOLIDAY (Public Hearing No. 2 — PA -16-55) 2. Application No.: PA -16-55 Applicant: Pacific Planning Group, Inc. Site Address: 719 West 19th Street Zone: C1 Project Planner: Mel Lee Environmental Determination: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities). Description: Conditional Use permit to allow live entertainment including, but not limited to, music, dancing, and open microphones, for an entertainment venue (Holiday, formerly Lion's Den and Maison) within 200 feet of residentially -zoned properties, and on-site valet parking. A current public entertainment permit allows disc jockey entertainment (DJ) and dancing. Proposed hours of operation are from 7:00 a.m. to 2:00 a.m., seven days a week; proposed hours for live entertainment are 11:00 a.m. to 2:00 a.m., seven days a week. Three ex -parte communications to report: Commissioner McCarthy and Chair Dickson spoke with the applicant by phone and Vice Chair Mathews spoke with the applicant by email. Mel Lee, Senior Planner, presented the staff report. Chair Dickson asked if the storage container was still on the property. Mr. Lee responded no, it was removed eight months ago. Chair Dickson also asked if continuous noise monitoring would occur. Mr. Lee responded the business had been equipped with a noise monitoring system that lets them know if it gets too loud. Commissioner McCarthy asked if there were any outstanding issues since last time the item went before the Planning Commission. Mr. Lee responded no currently. The only two issues to the specific use were a code enforcement complaint in late July and a Police Department complaint in late August. PUBLIC COMMENTS Karen Martin, applicant, gave a detailed presentation on the conditional use permit the application is requesting. She stated being in agreement to all conditions and noted that Roland Barrera is not involved in running the Holiday in any capacity. Mike Holrtiz, consultant from Landrum and Brown (Acoustic Engineer), explained that the Holiday meets the City's noise ordinance levels at 45 DBA standard. Mario Vissan, Laguna Beach resident, stated while he visited the club, he only heard noise from the outside when the door was opened. A Costa Mesa resident stated concerns with the noise coming from the music. Rich Cantone, Costa Mesa resident, stated being in support of the application. Steven Chan, Costa Mesa resident (Mr. Chan indicated that he was speaking on behalf of some of his neighbors), stated concerns with the alcohol beverage license, the noise coming from the club, and was in opposition to the application. Larry Smith, owner of the building, stated the new tenants are the best ones they have had in over 44 years. A Costa Mesa resident stated being in opposition to the application. Michael Cho, Attorney for Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, explained that the Holiday is in complete compliance with the Alcohol Beverage Control License standards as approved. Kim Killian, Costa Mesa resident, stated being in support of the application. Nicholas Stamus, Costa Mesa resident, stated being in support of the application. Nora, Irvine resident, stated being in support of the application. Ms. Martin responded to the public comments. Commissioner Sesler asked for clarification on the sound evaluation that was offered and how many residents responded. Marty Kish, owner, responded that no one has taken the offer yet and it would involve setting up a decibel reader in the home and measuring the sound. The Chair closed the public hearing. The Commissioners and City Attorney discussed Code Requirement No. 5. Commissioner McCarthy stated being in support of the application, appreciated the applicant's efforts with decreasing the noise, and it being an improvement to the area. -3r- Chair Dickson suggested that all the neighbors accept the owners offer of installing a noise meter; stated the need for a successful business at the location; and is in support of the application. MOTION: Move that based on the evidence in the record and the findings contained in Exhibit A and subject to the conditions of approval contained within Exhibit B that the Planning Commission hereby approves Planning Application PA -16-55 and find that the project is exempt from the provisions of the California Environmental Quality Act under section 15301 for existing facilities with the following modifications: Condition of Approval No. 3A to read: "Within one month of the approval of the CUP, the applicant shall remit a noise study by an acoustical engineer which identifies the noise levels at the rear property line abutting the residential properties. Noise monitoring shall occur for a four-hour period from 11:00 a.m. to 2:00 a.m. for a minimum of 4 different types of events (live bands, DJ, open microphone, and dancing). Study shall provide conclusions as to whether or not the operations of the bar/lounge comply with the City's Noise Ordinance with regard to the adjacent residences. Study shall make recommendations that shall be implemented by the applicant to reduce noise levels (as applicable) to ensure compliance with the Noise Ordinance. The Development Services Director may impose additional conditions as necessary to mitigate noise issues" and; The deletion of Code Requirement No. 5. Moved by Chair Dickson, second by Vice Chair Mathews. RESOLUTION PC -16-46–A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -16-55 FOR LIVE ENTERTAINMENT AT HOLIDAY (FORMERLY LION'S DEN AND MAISON) AT 719 WEST 19TH STREET The motion carried by the following roll call vote: Ayes: Dickson, Mathews, McCarthy, Sesler, Andranian Noes: None Absent: None Abstained: None The Chair explained the appeal process. —32- ATTACHMENT 6 PLANNING COMMISSION AGENDA REPORT MEETING DATE: SEPTEMBER 12, 2016 ITEM NUMBER: SUBJECT: PLANNING APPLICATION PA -16-55 FOR HOLIDAY (FORMERLY LION'S DEN AND MAISON) 719 WEST 19TH STREET DATE: SEPTEMBER 1, 2016 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov DESCRIPTION Conditional Use permit to allow live entertainment including, but not limited to, music, dancing, and open microphones, for an entertainment venue (Holiday, formerly Lion's Den and Maison) within 200 feet of residentially -zoned properties, and on-site valet parking. A current public entertainment permit allows disc jockey entertainment (DJ) and dancing. Proposed hours of operation are from 7:00 a.m. to 2:00 a.m., seven days a week; proposed hours for live entertainment are 11:00 a.m. to 2:00 a.m., seven days a week. APPLICANT/AUTHORIZED AGENT The applicant/authorized agent is Pacific Planning Group Inc., representing Pange Family Trust, the property owner. ENVIRONMENTAL DETERMINATION If the Planning Commission approves the request, it is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. RECOMMENDATION Staff recommends that the Planning Commission approve the request by adoption of Planning Commission resolution, subject to conditions. BACKGROUND Project Site/Environs The subject property is located on the south side of West 19th Street, between Wallace Avenue and Pomona Avenue. The site is bounded by a commercial use to the east (Smart and Final Market), a multi -tenant commercial building to the west, and various commercial uses to the north across West 19th Street. The site abuts residential properties to the south. The subject site and surrounding commercial properties are zoned C1 (Local Business District) and has a General Plan Land Use Designation of General Commercial. The residential properties to the rear are zoned R2 -HD (Multiple Family Residential -High Density) and has a General Plan Land Use Designation of High Density Residential. Site History Retail Center The subject property contains two multi -tenant commercial buildings on two separate parcels originally constructed in the early 1960's. The parcels are under the same owner and are also tied together via a recorded reciprocal access agreement. Other uses within the retail center includes restaurants, a laundromat, a medical clinic, and retail shops. The site is currently striped with 80 on-site parking spaces at the front of both buildings; the parking spaces at the rear of the subject building (adjacent to the residential properties) are not striped. Vehicular access is provided from two driveways on West 19th Street and a single driveway on Wallace Avenue. The rear drive aisle and parking area of the subject building (abutting the residential properties) has rolling vehicle gates at both ends of the building; the gate at the easterly end of the building abuts the Smart & Final property and allows trash and delivery vehicles to access the subject property through the Smart and Final parking lot when the gate is open or unlocked. The subject property is separated from the existing residential properties to the south by a 5 -foot high block wall with 2 feet of wood fencing on top of the block wall, and mature trees on the residential side of the property (see site photos attached). BarlLoun e According to the City's building permit records, the subject tenant space has been used as a cocktail bar/lounge since 1963, when it was also used as a restaurant. Prior to its current name (Holiday), its previous names were Lion's Den and Maison. Zoning Code Section 13-47 requires eating and drinking establishments with alcoholic beverage sales, entertainment, and dancing within 200 feet of residentially -zoned property, and open past 11:00 pm, to have a conditional use permit; however, as the business was established in the early 1960's, it predates this requirement and is nonconforming. Public Entertainment Permit Although the establishment does not have a conditional use permit, it is required to have a Public Entertainment Permit (PEP) in accordance with Costa Mesa Municipal Code (CMMC) Title 9, Article 11 (Regulatory Permits for Public Entertainment). The PEP for this establishment has been issued annually by the Code Enforcement Division since the 1980's. A copy of the current PEP, which expires on October 29, 2016, is attached to this report for reference. It should be noted that prior to 2010, the PEP allowed Lion's Den to have live entertainment; however, when the PEP was renewed in November of that year, the operator at the time (Beverly Corrigan) discontinued providing live entertainment, deciding to provide recorded music (DJ) and dancing only. A copy of the November 2010 PEP, with the operator's request to discontinue live entertainment, is also attached to this report for reference. State Alcoholic Beverage Control (ABC) License The establishment is permitted to operate with a State Alcoholic Beverage Control (ABC) License Type 48 (On -Sale General, Public Premise). According to the license query system on the State ABC website, a copy of which is attached to this report, the license is currently active and there are no disciplinary actions related to the license on file with ABC. The conditional use permit, whether it is approved or denied, will not affect the existing ABC license. Building Safety and Fire Prevention Activit According to City records, the interior layout of the establishment was unchanged under Beverly Corrigan, the operator of Lion's Den. A copy of the original floor plan layout is attached to this report. The operator of Maison, Roland Barrera, acquired the lease and assumed operation of the establishment in October 2014. On March 18, 2015, the Building Safety Division, based on a resident complaint, conducted an inspection and issued a Stop Work Notice for construction that was occurring within the tenant space without building permits. On March 20, 2015, after further inspection by the Building Safety and Fire Prevention inspectors, the building was determined to be unsafe to occupy and issued a "Red Tag". As part of the stop work and red tag notices, the operator was required to do the following: • Submit plans to the Building Safety Division for plan check and obtain the necessary Building Safety and Fire Prevention permits; • Obtain any required inspections and approvals; and • Obtain approval of a Conditional Use Permit from the Planning Division for live entertainment. Current Status of Building and Fire Safety Permits and Inspections Tenant improvement plans were submitted to the Building Safety Division for plan check on May 7, 2015. The 4,679 square foot space is divided into two areas described below and indicated in the plans attached to this report: • Phase 1 (Holiday Room): A 3,063 square foot space with a raised stage floor, 2 raised seating areas, a main lounge with bar, storage rooms, and restrooms. ■ Phase 2 (Red Room): A 1,616 square foot space with a smaller lounge area with bar. Building permits for Phase 1 were issued by the Building Safety Division on July 1, 2015 and finaled by the building inspection staff on September 16, 2015. Building permits for Phase 2 were issued by the Building Safety Division on August 4, 2016. This phase is currently under construction. Holiday has also obtained the required permits and inspections by Fire Prevention, subject to final approval and inspection when the construction for Phase 2 is completed (estimated to be at the end of September). � i I u "1 - --_T_� &LIS ] 3i A _ s I �' tt wve.n Iw.M --------------\]`-----— — — — — — — — — — SITE PLAN SMG 1 CL11)A3' r'I W FST 19th STi2EE1 J19 a6i 11�h pR$T7I9 h1 hGl Vo,,COSTA .NR&G MW . careen Area: rnase i (rnonaay rcoom-L;urrentry uperating) Red Area: Phase 2 (Red Room -Under Construction) 8/25/16 Photo of Holiday Room (Looking Toward Bar Area from Main Entrance) --Iff E:y- 8/25/16 Photo of Red Room Under Construction (Future Bar Area in Foreground) Code Enforcement Activity A code enforcement case was opened on March 18, 2015 against the prior operator, Roland Barrera, for construction without permits (see Building Safety and Fire Prevention Activity). The case was closed when the current operator obtained the permits required by those departments as described earlier in this report. The Community Services/Code Enforcement Division received a complaint in late July 2016 regarding noise, but the complainant did not call police and Code Enforcement staff found no evidence to substantiate the complaint. Code Enforcement staff has not received any additional noise complaints since July 2016. Since the July 2016 complaint, Code Enforcement staff has visited the site and has not found any concerns regarding noise emanating from this location. Police Calls for Service Between August 1, 2015 and August 23, 2016 there were 215 calls for service at the specific location according to the Police Department Crime Analysis Unit. Of the 215 calls, 166 were self -imitated by police patrols (subject stop, patrol checks, traffic stops, and bike stops). The list of calls for service during the above period is attached to this report, and summarized in the table below. Top Five Calls for Service Types of Call NumberNature • Patrol Check 92 Subject Stop 54 Out For Investigation 20 Transient 15 Burglary Audible Alarm 5 Municipal Ordinance Violation 5 Municipal Ordinance Violation calls consisted of unregistered bike calls, drinking in public, and possessing a shopping cart. Source: Costa Mesa Police Department Crime Analysis Unit. Based on the top five calls for service types at this location, the first three categories are generally self -initiated type calls. That means the patrol officer created the event versus having been dispatched in response to a complaint. Calls to a bar/lounge would typically be disturbance calls, loud music calls, and drugs and alcohol-related calls occurring during the establishment's business hours or just after closing. Note: After the list of calls for service was prepared by the Police Department Crime Analysis Unit, a noise complaint from an area resident was received by the Police Department on August 26, 2016, shortly after 1:00 a.m. A patrol officer was dispatched to the location of the complaining party, who advised the complainant that the issue was a civil matter between the complainant and the operators of the establishment. A police report was not filed for this incident. Conditional Use Permit PA -15-17 On June 8, 2015, the Planning Commission considered Conditional Use Permit PA -15-17 for live entertainment at the establishment. Based on evidence presented at the hearing that the proposed live entertainment would create adverse impacts to the abutting residential properties, the Commission denied the request by a 3-2 vote (Chair Dickson and Vice Chair Mathews voting no). On June 15, 2015, the decision was called up for review by Council member Monahan, which was eventually withdrawn. The Planning Commission staff report and exhibits can be found on the City's website at the below link: http://www. costa mesaca ,qgv/ftp/plannin cg ommission/agenda/2015/2015-06-08/PH- 3. pdf ONAI YSIS CUP Request for Live Entertainment Venue (PA -16-55) Holiday opened to the public on July 15, 2016. As indicated earlier, live entertainment was discontinued at the establishment in late 2010. Because the current operator is proposing live entertainment for an establishment open past 11:00 p.m. and within 200 feet of residentially -zoned properties, approval of a conditional use permit is required. Live entertainment including, but not limited to, music, dancing, and open microphones is proposed. The proposed hours of operation are 7:00 a.m. to 2:00 a.m., 7 days a week. The applicant indicates that light breakfast and lunch items may be served, however, the main use (bar/lounge with live entertainment) begins operating after 11:00 a.m. until 2:00 a.m. (see operating hours below). Current Uses/Hours of Operation in Retail Center Name Holiday Lounge Square FootageBusiness 4,679 SF Hours of Operation 7:00 am -2:00 am 7 Days Costa Brava Seafood Restaurant 2,118 SF 11:00 am -9:00 prn Sun -Sat Gloria's Mexican Food 908 SF 6:00 am -10:00 prn Sun -Sat Lavanderia Coin Laundry 1,785 SF 7:00 am -10:00 pm Mon -Fri 6:00 am -10:00 prn Sat -Sun EI Toro Bravo Market 2,269 SF 8:00 am -9:00 pm Sun -Sat EI Toro Bravo Tortilleria 1,600 SF 6:00 am -9:00 prn Sun -Sat Costa Mesa Medical Clinic 1,900 SF 8:00 am -8:00 pm Mon -Fri 9:00 am -7:00 prn Sat -Sun Eva's Beauty Salon 800 SF 9:00 am -7:00 pm Mon -Fri 9:00 am -7:00 prn Sat -Sun Jem Check Cashing 800 SF 9:00 am -7:00 pm Mon -Sat 10:00 am -3:00 prn Sun Simply Prepaid Acapulco Restaurant 800 SF 10:00 am -7:00 prn Mon -Sat 1,700 SF + 514 SF Patio 6:00 am -9:00 pm Sun -Sat Based on the City's Shared Parking Analysis, 112 parking spaces are required for the center based on the current mix of uses; 107 parking spaces are proposed. However, because all of the uses are existing and no new floor area is being added, the current number of on-site parking spaces is considered to be legal nonconforming. The applicant states that patrons park within the parking area on the subject property. Per the correspondence received from owners of the adjacent Smart & Final Market, a copy of which is attached to this report, Holiday patrons are not allowed to park in the Smart and Final parking lot. The applicant also indicates in their attached description letter that sound proofing materials were installed in the tenant space to reduce noise impacts to surrounding properties. During the July 15, 2016 opening for Holiday, Code Enforcement staff visited the site and reviewed the measures in place to minimize any noise emanating from the establishment. This included security staff stationed at the rear door, preventing any patrons from exiting the rear door (closest to the residential properties). While standing on the exterior south/east side of the property, the Code Enforcement Officer could not hear the music being played inside. Security staff was observed patrolling the rear of the property to prevent any congregation of individuals closest to the residences. Existing Bars/Restaurants with Live Entertainment Within 200 -Feet of Residential Area Planning Commission has made past decisions to allow establishments with live entertainment and dancing (most recently, for the relocation of Sutra Lounge at the Triangle), subject to operating conditions of approval to minimize impacts to surrounding properties and uses. In this case, the use involves the re -introduction of live entertainment for an establishment that is within 200 feet of residentially -zoned properties and is open past 11:00 p.m. Following are other restaurants and bars that remain open past 11:00 p.m.: La Vida / Tavern & Bowl Hours of Operation 11:00 a.m. — 2:00 a.m. (Thurs- Sat.) Location ResidentialRestaurant/Bar The Triangle Within 200' of Outdoor Patio X Saddle Ranch Chop House 9:00 a.m. — 2:00 a.m. Thurs- Sat. The Triangle X The Yard House 11:00 a.m. —1:00 a.m. The Triangle Goat Hill Tavern 8:00 p.m. — 2:00 a.m. Newport Boulevard The Boulevard 3:00 p.m. — 2:00 a.m. Newport Boulevard Social 5:00 p.m. —1:00 a.m. W. 19th Street X X The Harp Inn 4:00 p.m. — 2:00 a.m. E. 17th Street Wild Goose Tavern 10:00 a.m. — 2:00 a.m. E. 17th Street X X Pierce Street Annex 12:00 p.m. — 2:00 a.m. E. 17th Street X X Wayfarer/Detroit 5:00 p.m. — 2:00 a.m. 12:00 p.m. — 2:00 a.m. W. 19th Street Old Newport Boulevard X X X Turners Pub 33 X Tiki Bar 10:00 a.m. — 2:00 a.m. W. 1711 Street La Cave 4:30 p.m. — 2:00 a.m. E. 17th Street Casa Costa Mesa 8:00 p.m. — 2:00 a.m. W. 19th Street X X Mansion (Formerly 9:00 p.m. — 2:00 a.m, Baker Street X Shark Club) Fri- Sat. Public Entertainment Permits that Include Live Entertainment When Public Entertainment Permits were first issued in the 1980's, the purpose was to regulate live entertainment, DJs, and dancing in existing establishments. Code currently requires a CUP for these types of activities in proximity to residential uses. The following list provides some examples of existing businesses with PEPs for live entertainment. Existing PEPs with Live Entertainment • Garibaldi De Noche, 810 W. 19th Street. ■ Social, 512 W. 19th Street. ■ Casa (formerly Avalon Bar), 820 W. 19th Street. • Tiki Bar, 1700 Placentia Avenue. ■ Sutra Lounge, 1870 Harbor Boulevard (The Triangle). It should also be noted that, if the request for live entertainment were to be denied, the applicant could still operate the establishment with recorded music (via DJ) and dancing under the current City approvals. Valet Parking A valet parking plan is proposed in the event it becomes necessary to prevent overflow patron parking onto adjacent properties and streets. The valet parking plan will be subject to the following: • The valet parking plan shall be reviewed and approved by the Transportation Services Division prior to implementation. • The valet station(s) shall be located on private property in areas that do not interfere with parking for other properties, drive aisles, public alleys, or public streets. • Valet parking shall occur on-site only. No valet parking may occur on any other property or in any public alley or public street. • Valet parking shall specify the hours it will take place. ■ To minimize impacts to adjacent residential properties, drop-off and pick-up of customer cars shall not occur within the parking area at the rear of the property. ■ Parking spaces not reserved for valet parking shall remain open and unobstructed for customer self -parking. _.91— FINDINGS TO APPROVE THE REQUEST Pursuant to Title 13, Section 13-29(g)(2), Findings (Conditional Use Permit and Minor Conditional Use Permit), of the Costa Mesa Municipal Code, the Planning Commission is required to find that the evidence presented in the administrative record substantially meets specified findings. Findings for Approval • The proposed use is substantially compatible with the multi -family, residential development alonq Center Street R2 -HD zone and would not be materially detrimental to other properties within the area. The proposed use, with the recommended conditions of approval, will be consistent with the other uses in the immediate vicinity. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. If approved, the applicant shall be required to comply with the following conditions of approval, the complete list of which are included in the draft approval resolution: Music & Live Entertainment o Any music or live entertainment, including a DJ and/or dancing, may only be permitted subject to City issuance of a "Public Entertainment Permit" on an annual basis. Within 15 days of the approval of the CUP, the applicant shall submit an application for the Public Entertainment Permit to the Community Improvement/Code Enforcement Division. The initial approval of this permit will be temporary for a probationary period of six months and may only become a permanent yearly renewal when the following conditions are met: Within six months of the approval of the CUP, applicant shall remit a noise study by an acoustical engineer which identifies the noise levels at the rear property line abutting the residential properties. Noise monitoring shall occur for a four-hour period from 11:00 a.m. to 2:00 a.m. for a minimum of 4 different types of events (live bands, DJ, open microphone, and dancing). Study shall provide conclusions as to whether or not the operations of the bar/lounge comply with the City's Noise Ordinance with regard to the adjacent residences. Study shall make recommendations that shall be implemented by the applicant to reduce noise levels (as applicable) to ensure compliance with the Noise Ordinance. o If staff determines that a violation of the noise ordinance has occurred, the Public Entertainment Permit may be placed into suspension and all entertainment approved under this conditional use permit must cease. Staff will work with the applicant to mitigate the violation and may make recommendations. This includes, but is not limited to, the lifting of the suspension, a change of status in the Public Entertainment Permit from a permanent to probationary status, and/or a recommendation for change/revocation to the conditional use permit. o The operation of the business shall comply with the City's Noise Ordinance with specific regard to acceptable outdoor noise levels in residential areas. o The rear doors shall remain closed during any performance of live entertainment, pre-recorded music (DJ), and dancing. Parking Management o Parking for patrons and employees of the business shall occur on-site. Patron parking shall be restricted to the front parking area only; employee parking shall be restricted to the rear parking area only. o The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. o The valet parking provisions as discussed earlier in this report would be required to be complied with. Crowd ControllOn-Site Securit o An adequate number of security personnel, as determined by the Police Department Crime Prevention Bureau and/or the Development Services Director, shall be provided to ensure that all parking lots are monitored during the days and hours the business is in operation. Li titin o Operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which applicant has control, to prevent trash, graffiti and littering. o The intensity and location of lights shall be limited to minimize nighttime light and glare to residents and shall be subject to the Development Services Director's approval. o All site lighting fixtures shall be provided with a flat glass lens. Photometric calculations shall be submitted and shall indicate the effect of the flat glass lens fixture efficiency. o Lighting design and layout shall limit light spillage to no more than 0.5 foot- candles at the property line of residential properties, consistent with the level of lighting that is determined necessary for safety and security purposes on site. Light standards near residential properties shall be shielded in such a way as to minimize light spillage onto surrounding properties. » Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate -neighborhood. The use is an existing commercial development consistent with the C1 zoning of the property and residentially -zoned properties in the vicinity. Compliance with the applicable Building and Fire Safety Codes will ensure that the use is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. • Granting t� he conditional use permit will not allow a use, density, or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. The property is zoned C1 (Local Business District) and has a General Plan Designation of General Commercial. The use, as conditioned, is consistent with the applicable provisions of the General Commercial General Plan Designation. The use, as conditioned, is consistent with the following policy of the 2015-2035 General Plan: o Policy LU -3.1: Protect existing stabilized residential neighborhoods, including mobile home parks (and manufactured housing parks), from the encroachment of incompatible or potentially disruptive land uses and/or activities. The property owner is working with the City's Code Enforcement Division to address several property maintenance issues at the site. Because the applicant and the operator of Holiday are not the owners of the property, property maintenance issues (parking lot striping, landscape maintenance, etc.) are being addressed separately by the property owner through Code Enforcement. ENVIRONMENTAL DETERMINATION If the Planning Commission approves the request, it is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. The project site contains an existing building with no increase in total floor area for the use proposed. If the Planning Commission denies the project, the denial is exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15270(a) for projects which are disapproved. LEGAL REVIEW The draft resolutions have been reviewed and approved as to form by the City Attorney's Office. PUBLIC NOTICE Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 da s prior to the date of the public hearing: 1. Mailed notice. A public notice was mailed to all property owners within a 500 - foot radius of the project site. The required notice radius is measured from the external boundaries of the property. (See attached Notification Radius Map.) 2. On-site posting. A public notice was posted on each street frontage of the project site. 3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper. ALTERNATIVES • Approve the request with modifications. The Planning Commission may suggest specific changes that are necessary to alleviate concerns. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. In the event of significant modifications to the proposal, should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. • Deny the request. If the Planning Commission believes that there are insufficient facts to support the findings for approval, Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial. If the project were denied, the applicant could not submit substantially the same type of application for six months. NOTE: If the application were to be denied, the applicant could still continue to operate the establishment with recorded music and dancing under the current Public Entertainment Permit. CONCLUSION Consideration of this request for live entertainment and valet parking would largely be based on code compliance and compatibility with the abutting residential area. The recommended conditions of approval in the CUP would adequately address impacts to residential uses. MEL LEE, AICP GARY AFWSTqONG, AICP Senior Planner Economic Development & Development Services Director/Deputy CEO 3. • •Project• • and Valet Parking Plar rr issin Rtnu ■ • 6. Public Entertainment Permits (2009-2010, and 2015-2016) 7. State Alcoholic Beverage Control (ABC) License Query Results 8. Correspondence from Smart and Final Market Regarding Parking Distribution: Director of Economic & Development Services/Deputy CEO Interim Assistant Development Services Director Senior Deputy City Attorney Public Services Director City Engineer L� Transportation Services Manager Fire Protection Analyst File Pacific Planning Group Inc. c/o Karen Martin 668 North Coast Highway #401 Laguna Beach, CA 92651 The Pange Family Survivor Trust c/o Marc Pange and Ann McClelland 213 Kelton Avenue San Carlos, CA 94070 Steven A. Chan 720 Center Street, #A Costa Mesa, CA 92627 ATTACHMENT 3 City of Costa Mesa, Development Services Department 77 Fair Drive P.O. 1200 Costa Mesa, CA 92628-1200 RE: Conditional Use Permit Application — APN 424-202-02 / 719 West 19th St Request to renew expired permit (PEP09-010, expired December 2 2010) Add Valet Parking Thank you for the opportunity to receive permission to once again have live entertainment at the 719 W 19th street location. A brief description of the proposal along with findings and justification of approvals are outlined below for your review. History of Live Entertainment at this Location 719 West 19th Street has had a long history of being a live entertainment venue in Costa Mesa. The space has been a cocktail lounge since 1963, first established as the Colorado Mining Company, providing live music and dining. Then, the site became the rock and roll venue Ronstadt's, owned by celebrity musician Linda Ronstadt. From 1980 through late 2014, 719 West 19th Street operated as the Lion's Den and offered live entertainment and dancing under owner Beverly Corrigan. The Applicant wishes to continue a long tradition of live entertainment, and is expecting to appeal to a broad audience through inspiring productions. The revitalization of high quality live entertainment is expected to enhance and revitalize the west side through responsible management and maintenance of the space and the shopping center. Existing Conditions & Policy information Holiday is a lounge within a multi -tenant retail center. The entire site is zoned C1 (Local Business District) and has a General Plan Use Designation of General Commercial. The location also falls within the Westside Urban Specific Plan area, specifically the 19 West Urban Plan area. The site is bound by commercial uses to the east (Smart and Final Market), the west (multi -tenant commercial building), and the north (various commercial uses). Moreover, the site abuts residential use to the south. The residential properties are zoned R2 -HD (Multiple Family Residential -High Density) and has a General Plan Use Designation of High Density Residential. -49 Existing Conditions table Adjacent Zoning C1 (Local Business District) Adjacent General Plan Land Use Designation Adjacent Westside Urban Specific Plan Area Adjacent Uses General Commercial R2 -HD (Multiple Family Residential - High Density) High Density Residential C1 (Local Business District) General Commercial 19 West Urban Plan Mesa West 19 West Urban Plan Residential Urban Plan Various commercial Residential Multi -Tenant Commercial uses (Sunshine detached houses Building Liquor, Lim's Dental (Acapulo Restaurant, Office/Lim Douglas Simply Prepaid, JEM W DDS, Fita's Hair Check Cashing, Eva's Fashions, Beauty Salon, Costa AutoZone) Mesa Medical Clinic, EI Toro Bravo Tortilleria) C1 (Local Business District) General Commercial 19 West Urban Plan Smart & Final Market Physical Site Information Holiday occupies a 4,476 sq ft space within a retail center and has two areas, that can be divided by a folding wall: • Holiday - a 3,063 sq ft space with a raised stage floor, 2 raised seating areas, main lounge, and kitchen • Red Room - a 1,616 sq ft space with a smaller lounge area separate from the main lounge for quieter activities. The retail center provides 107 shared parking spaces. Based on the City's Shared Parking Analysis, see attached, 112 parking spaces are required for the center based on the current mix of uses. The current number of on-site parking spaces are considered to be legal non -conforming because all the uses are existing and no new floor area is being added. Operational Information Holiday currently operates as a lounge with a public entertainment permit allowing for a DJ and dancing. The hours of operation are 7:00 am to 2:00 am, 7 days a week with live entertainment hours from 11:00 am to 2:00 am. Light breakfast and lunch items are expected to be available as well as snacks throughout the day. Valet parking is proposed for those times that it is deemed necessary. The proposed plan is attached. Security and Lighting Holiday provides site security both within the tenant space and parking areas. Management is working closely with City Police Crime Prevention to ensure a safe and peaceful environment. Additional lighting has been installed. The security team has no tolerance for loitering and fully enforces the City's noise ordinance. All servers have received responsible beverage serving training. Noise In July of 2015, Holiday management contracted with acoustical engineers Landrum & Brown. Landrum & Brown are the same engineers that assisted the Pacific Amphitheater with noise mitigation measures. Mike Holritz has provided a preliminary inspection of the site and measured the noise levels at various locations, including measurements from the nearest residents. He made several suggestions for noise mitigation including: Boxing in the Exhaust fans - Holiday has worked with an architect and contractor and has received permits and installed enclosures for the fans. Improve doors and seals - Door and seals have been upgrading and instated a policy that the door is to remain closed during music or other noise generating events. Upgrade South Wall - Holiday has installed insulation and upgraded the south wall. Final inspections are pending. Install Parapet Wall at South edge of building - The parapet structure has been installed, final inspections are underway, needed. Installation of sound level warning devise - This has not yet been done but will be reviewed as IRS Current Uses and Hours of Operation in Retail Center Justifications for Approval 1. The proposed use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. a. The site, 719 West 19th Street, is compatible with developments in the same general area as it has been operating under the use of live music and entertainment for nearly four decades. The location's history began in the 1970s as Colorado Mining Company, providing live music and dining. Then, the site became the rock and roll venue Ronstadt's, owned by celebrity musician Linda Ronstadt. From 1980 to late 2014, 719 West 19th Street operated as the Lion's Den and offered live entertainment and dancing under owner Beverly Corrigan. The Applicant is dedicated to providing the live entertainment the site has been historically known for, as well as working with the property owner to revitalize the premises to enhance the surrounding area. b. The site is compatible with developments in the same general area as it adjacent to two venues, the Wayfarer and Casa Costa Mesa, that also provide live entertainment. The Holiday Lounge will add to Costa Mesa's burgeoning arts scene and bringing increased interest to the west side. FootageBusiness Square 4,476 sq ft of Operation 7:00 am - 2:00 am; 7 days Name Holiday Lounge Costa Brava Seafood Restaurant 2,118 sq ft 11:00 am - 9:00 pm; 7 days Gloria's Mexican Food 908 sq ft 6:00 am - 10:00 pm; 7 days Lavanderia Coin Laundry 1,785 sq ft 7:00 am - 10:00 pm; Mon -Fri 6:00 am - 10:00 pm; Sat -Sun EI Toro Bravo Market 2,269 sq ft 8:00 am - 9:00 pm; 7 days EI Toro Bravo Tortilleria 1,600 sq ft 6:00 am - 10:00 pm; 7 days Costa Mesa Medical Clinic 1,900 sq ft 8:00 am - 8:00 pm; Mon -Fri 9:00 am - 7:00 pm; Sat -Sun Eva's Beauty Salon 800 sq ft 9:00 am - 7:00 pm; Mon -Fri 9:00 am - 7:00 pm; Sat -Sun JEM Check Cashing 800 sq ft 9:00 am - 7:00 pm; Mon -Sat 10:00 am - 3:00 pm; Sun Simply Prepaid 800 sq ft 10:00 am - 7:00 pm; Mon -Sat Acapulco Restaurant 1,700 sq ft + 514 sq ft Patio 6:00 am - 9:00 pm; Sun -Sat Justifications for Approval 1. The proposed use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. a. The site, 719 West 19th Street, is compatible with developments in the same general area as it has been operating under the use of live music and entertainment for nearly four decades. The location's history began in the 1970s as Colorado Mining Company, providing live music and dining. Then, the site became the rock and roll venue Ronstadt's, owned by celebrity musician Linda Ronstadt. From 1980 to late 2014, 719 West 19th Street operated as the Lion's Den and offered live entertainment and dancing under owner Beverly Corrigan. The Applicant is dedicated to providing the live entertainment the site has been historically known for, as well as working with the property owner to revitalize the premises to enhance the surrounding area. b. The site is compatible with developments in the same general area as it adjacent to two venues, the Wayfarer and Casa Costa Mesa, that also provide live entertainment. The Holiday Lounge will add to Costa Mesa's burgeoning arts scene and bringing increased interest to the west side. c. The proposed use will not be materially determinately to other properties in the immediate vicinity by mitigating noise, security, parking and lighting issues as detailed in Item 2. 2. Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. a. The use is an existing commercial project consistent with the C1 zoning of the property. The use has complied with all applicable Building and Fire Safety Codes to and will continue to maintain the property accordingly on a yearly basis. The applicant has also obtained proper permits through numerous inspections from building and safety, fire, and police. The applicant has completed the required RBS training by the ABC license district and will apply for a public entertainment permit. The Applicant has mitigated all possible concerns including safety, noise and lighting: i. Noise. The Applicant will maintain the following noise mitigation measures: 1. The operation of the business shall comply with the City's Noise Ordinance with specific regard to acceptable outdoor noise levels in residential areas. 2. All live entertainment performances shall take place solely inside. 3. The rear doors shall remain closed during any performance of live entertainment, pre-recorded music (DJ), and dancing. 4. New sound proof walls have been installed on walls to reduce noise. 5. Compliance with noise mitigation conditions as determined by the City of Costa Mesa Planning Commission and Staff. ii. Safety and Security. The Applicant will maintain the following safety and security mitigation measures: 1. Provision of adequate number of security personnel, as determined by the Police Department Crime -Prevention Bureau and/or Development Services Director to ensure all parking lots are monitored during the days and hours the business is in operation. 2. The current lounge use resulted in reduction of half of the historic maximum occupancy levels 3. Compliance with safety and security mitigation conditions as determined by the City of Costa Mesa Planning Commission and Staff. iii. Lighting. The Applicant will maintain the following safety and security mitigation measures: 1. The intensity and location of lights shall be limited to minimize nighttime light and glare to residents and shall be subject to the Development Services Director's approval. 2. All site lighting fixtures shall be provided with a flat glass lens. 3. Lighting design and layout shall limit light spillage to no more than 0.5 foot- candles at the property line of residential properties, consistent with the level of light that is determined necessary for safety and security purposes on site. 4. Compliance with lighting mitigation conditions as determined by the City of Costa Mesa Planning Commission and Staff. 3. Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. a. The project location is zoned C1 (Local Business District) and the proposed use is permitted in the C1 district with a conditional use permit. The zoning district of the project is intended to meet the local business needs of the community by providing a wide range of goods and services in a variety of locations throughout the city. The applicant will be providing inspiration, fun with live entertainment in a clean, professionally managed environment. b. Additionally, the proposed use will not affect the adjacent residential general plan use designation as the Applicant has taken all measures per item 2 to protect nearby residential neighborhoods. The Applicant has shown to be in conformance with the General Plan Designation of General Commercial Objective LU -1F.1: Protect existing stabilized residential neighborhoods from the encroachment of incompatible or potentially disruptive land uses and/or activities. Conclusion The Applicant's proposal to add live entertainment to the existing cocktail lounge/club at 719 West 19th Street has provided for the following justifications: 1. The proposed use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area: 2. Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. 3. Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. In providing these justifications, the Applicant has demonstrated action and consideration regarding the compatibility and impacts towards the abutting residential area and requests the approval of the conditional use permit to re -instate the live entertainment. —S2— 1 de oe L HOLIDAY Valet Parking Request for additional use CUP / Parking Plan Restaurant Valet Impact and Operations Report Report Date: September 1st, 2016 Location: 719 W 19th St Costa Mesa Ca Attention: City of Costa Mesa / Planning / Public Works / Traffic Holiday is requesting the approval of valet parking operations as part of the conditional use permit application. Holiday operators have noticed increased use by its customers of ride sharing services such as Uber and Lift and expect see continued use of these services. Even so, some patrons still use personal automobile, to ensure the best possible experience for all patrons Holiday is requesting approval to offer valet services. Attached is valet parking map which illustrates traffic direction, placement, and point of drop off and pick up. The valet stand is located in the far east side of the establishment. Patrons utilizing this service will hand over their keys to a trained attendant who will bring their auto to the back of the center, where the cars will be stacked. The front of the center contains 77 total striped parking spaces and this will remain open for all center patrons. The presence of valet will significantly assist in improving the safety along both city easements, and private venue properties during the hours of operation. Cleanliness of private property, sweeping and maintenance of city alleyways, and parking personnel standing as security and surveillance for activity occurring on and around the subject property will directly assist in providing tenants and residential neighbors with an improved and safer atmosphere. Tenant / Business / Resident Contact: At any time if any parties are concerned of the on-site parking operations, and or placement of such vehicles, direct contact can be made to either of the following principals: - Mike Kinsella (GM of Holiday) 949.278.8728 - Chris Nelson (AGM of Holiday) 619.322.0677 Operations: • Temporary signage and valet attendants will direct HOLIDAY guests into the "valet" lanes and out of the common line of traffic. • Arriving guests will be directed, received, and greeted were at indicated valet 5�4 - stand Valet attendants will remain present to assure all guests are clearly directed to drop-off and pick-up area. Valet attendants will monitor all parking locations for security, safety and operations purposes. Parking operations will include radio communication between valet and inside management/hostess. Permitted Areas for Parking: • No valet parking or self parking will be permitted in the neighboring Smart and Final lot located 707 W 19th St Costa Mesa, Ca 92627 ■ No valet or self parking will be permitted in any neighboring lot without written consent from business or lot owner. • Valet operations will be conducted on the following peak days and hours of operations: - Tuesdays S:OOpm until 2:OOam or until valet is no longer needed based upon traffic influx - Wednesdays S:OOpm until 2:OOam or until valet is no longer needed based upon traffic influx - Thursdays S:OOpm until 2:OOam or until valet is no longer needed based upon traffic influx - Fridays S:OOpm until 2:OOam or until valet is no longer needed based upon traffic influx - Saturdays S:OOpm until 2:OOam or until valet is no longer needed based upon traffic influx - Sundays 11:OOam until 2:OOam or until valet is no longer needed based upon traffic influx ■ Parking operations will start October 161h 2016 and continue for the duration of the business • Although the schedule above depicts the days and times we would like to have valet available, we will only be using valet for select events. • Events that will require valet: Events where there is a heavy customer flow at a specific time. Events that coincide with a heavy traffic influx from surrounding businesses. Private events where client requests all guest vehicles to be valeted by Holiday. • If there is a heavy influx of traffic on a regular basis of any given night, Holiday will implement the valet to control the traffic and parking flow. — 5�5 Beverly Corrigan Lion's Den 719 West 19" St. Costa Mesa, CA 92627 PERMIT # PEP09-0010 ATTACHMENT 6 CITY OF COSTA MESA PUBLIC ENTERTAINMENT PERMIT DEVELOPMENT SERVICES DEPARTMENT P. O BOX 1200 COSTA MESA, CA 92628-1200 C:Opy Date this permit approved: December 2, 2009 PERMIT PERIOD: December 2, 2009 to December 2, 2010 THIS PERMIT EXPIRES DECEMBER 2, 2010 RE: PERMIT FOR LIVE BAND AND DJ RECORDED MUSIC Your application for a Public Entertainment Permit has been: ❑ Returned as an incomplete application. The items listed below were found to be inadequately described or were missing from the application. X Approved with conditions listed below that are subject to provisions of Costa Mesa Municipal Code, Article 11, Chapter IV, Title 9. ❑ Denied, based on the items below: ❑ Zoning ❑ Uniform Fire Code ❑ Uniform Building Code ❑ Security Plan for Prevention of Unlawful Conduct ❑ Liability Insurance ❑ Security Plan for Control of PedestrianNehicles ❑ Parking Plan ❑ Seating Pian ❑ Noise Control Plan ❑ Other ❑ Conditional Use Permit Required CONDITIONS OF APPROVAL: SEE ATTACHED A COPY OF THIS PERMIT MUST BE KEPT ON THE PREMISES AND PRESENTED TO ANY AUTHORIZED CITY OFFICIAL UPON REQUEST. The last date on which an appeal may be filed is 5 P.M., DECEMBER 9, 2009. If you have any questions about this permit, please contact WILLA BOUWENS-KILLEEN AT 714.754.4952. Person taking action on this permit: r-cf? ���-�' `tel �`�i�i���L!✓ WILLA BOUWENS-KILLEEN NOTICE TO APPLICANT Notice should be sent to you by mail, within forty-five (45) working days of your filing a completed application, that your application has been granted or denied. If you receive notice that your application has been denied or has been granted subject to conditions, you may appeal to the City Council From the denial or from any of the conditions by filing a written appeal with the City Clerk within seven (7) days from the time the notice was deposited -in the mail or was personally delivered to you. �r? ENTERTAINMENT PERMIT CONDITIONS 1. DOORS MUST REMAIN CLOSED AT ALL TIMES DURING ENTERTAINMENT HOURS. 2. HOURS OF ENTERTAINMENT ARE MONDAY THROUGH SUNDAY 11:00 AM TO 2:00 AM. 3. MUSIC SHALL NOT EXCEED CITY NOISE STANDARDS. 4. A COPY OF THIS PERMIT MUST BE KEPT ON THE PREMISES AND PRESENTED TO ANY AUTHORIZED CITY OFFICIAL UPON REQUEST. 5. IT IS THE APPLICANT'S RESPONSIBILITY TO RENEW THIS PERMIT AT LEAST 30 DAYS PRIOR TO THE EXPIRATION DATE. 6. PATRONS ARE PROHIBITED FROM LOITERING IN THE REAR PARKING LOT. THE BUSINESS OPERATOR SHALL USE ALL MEANS POSSIBLE TO PREVENT PATRONS FROM LOITERING IN THE REAR PARKING LOT. APF 'ION FOR PUBLIC ENTERTAI IL 'PERMIT P2E100 ='� a City of Cosfa Mesa Development Services Department c V 2 i0, P.O. Box 1200, Costa Mesa, CA 92628-1200 ^ _ (714) 754-5625 Check one: ❑ New Yearly permit ❑ New One day permit V /Yearly Renewal permit - Processing Fee:$ 5675.00 (Applications shall be filed and must be complete 1. Business name: 2. Address: 3. Contact pe 4. Legal entity submitting application: of forty five (45) calender days prior to the date requested for issuance of the permit.) 5. Names of Partner(s), officer(s), director(s), or shareholder(s): Address: �Z 0�-,f 6. Descr1 �he exact ture of the 7 M ment you will be providing, iJ INFAIPPIR Days entertainment scheduled: ( M T W TH F S SU ] Date: Hours:— (Circle appropriate day(s)) (Begin) 7a. Other days scheduled: [ M T W TH F S SU j Date: Hours: (Circle appropriate day(s)) (Begin) 7b. Other days scheduled: ( M T W TH F S SU ] Date: Hours: (End) (End) (Circle appropriate day(s)) (Begin) (End) 8. Does your establishment serve alcohol? Maximum legal occupancy of the premises F 111 9. Does your establishment have a Conditional or Minor Conditional use permit regarding entertainment? If yes, please provide a copy of the Conditional or Minor Conditional use permit when submitting this form. 10. Required documents: A. Fully dimensioned floor plan showing interior or ext4rior of your establishment showing the area where proposed entertainment will be situated. It shall Include seating arrangements, fire exits, dance floor area and bar location, if applicable. B. Noise control plan with special attention to prevention of noise nuisance to nearby premises and/or residences , if any. C. A security plan which should included: 1) crowd control, pedestrian foot traffic and vehicle traffic if applicable. 2) prevention of unlawful conduct by patrons and employees, including but not limited to assaults, disturbances, vandalism, littering, theft, sale or use of controlled substances, and the consumption of alcohol by persons under twenty-one (21) years of age, within the building(s) and outside in the areas affected by the public attending the event. 11.. I herby declare under penalty of`perjury that the above information and submitted documents are true and correct. Date: /�PI�JZ Signature: ..[3 Ai1pplicant NOTICE TO APPLICANT Notice should be sent to you by mail, within thirty (30) working days of filing a complete application, that your application has been granted or denied. If you recieve notice that your application has been denied or has been granted subject to conditions, you may appeal the denial or any of the conditions by filing a written appeal with the city clerk, within seven (7) days from the time the notice was deposited in the mail or personally delivered to you. � � � �► �1 r Beverly Corrigan Lion's Den 719 West 19" St. Costa Mesa, CA 92627 PERMIT # PEP'! 0-0015 CITY OF COSTA MESA PUBLIC ENTERTAINMENT PERMIT DEVELOPMENT SERVICES DEPARTMENT P. O BOX 1200 COSTA MESA, CA 92628-1200 RE: PERMIT FOR DJ MUSIC AND DANCING Date this permit approved: December 22, 2009 PERMIT PERIOD: December 2, 2010 to December 2, 2011 THIS PERMIT EXPIRES DECEMBER 2, 2011 Your application for a Public Entertainment Permit has been. ❑ Returned as an incomplete application. The items listed below were found to be inadequately described or were missing from the application. X Approved with conditions listed below that are subject to provisions of Costa Mesa Municipal Code, Article 11, Chapter IV, Title 9. ❑ Denied, based on the items below: 0 Zoning ❑. Uniform Fire Code ❑ Uniform Building Code ❑ Security Plan for Prevention of Unlawful Conduct ❑ Liability Insurance ❑ Security Plan for Control of PedestrianNehicles ❑ Parking Plan ❑ Seating Plan ❑ Noise Control Plan ❑ Other ❑ Conditional Use Permit Required CONDITIONS OF APPROVAL: SEE ATTACHED A COPY OF THIS PERMIT MUST BE KEPT ON THE PREMISES AND PRESENTED TO ANY AUTHORIZED CITY OFFICIAL UPON REQUEST. The last date on which an appeal may be filed is 5 P.M., 3 JANUARY 2011. If you have any questions about this permit, please contact WILLA BOUWENS-KILLEEN AT 714.754.4952. Person taking action on this permit: WILLA BOUWENS-KILLEEN NOTICE TO APPLICANT Notice should be sent to you by mail, within forty-five (45) working days of your filing a completed application, that your application has been granted or denied. If you receive notice that your application has been denied or has been granted subject to conditions, you may appeal to the City Council from the denial or from any of the conditions by filing a written appeal with the City Clerk within seven (7) days from the time the notice was deposited in the mail or was personally delivered to you. ENTERTAINMENT PERMIT CONDITIONS C(D4P 1. DOORS MUST REMAIN CLOSED AT ALL TIMES DURING ENTERTAINMENT HOURS. 2. HOURS OF ENTERTAINMENT ARE MONDAY THROUGH SUNDAY 11:00 AM TO 2:00 AM. 3. MUSIC SHALL NOT EXCEED CITY NOISE STANDARDS. 4. A COPY OF THIS PERMIT MUST BE KEPT ON THE PREMISES AND PRESENTED TO ANY AUTHORIZED CITY OFFICIAL UPON REQUEST. 5. IT IS THE APPLICANT'S RESPONSIBILITY TO RENEW THIS PERMIT AT LEAST 30 DAYS PRIOR TO THE EXPIRATION DATE. 6. PATRONS ARE PROHIBITED FROM LOITERING IN THE REAR PARKING LOT. THE BUSINESS OPERATOR SHALL USE ALL MEANS POSSIBLE TO PREVENT PATRONS FROM LOITERING IN THE REAR PARKING LOT. (2-- Beverly Corrigan Lion's Den 719 West 19th St. Costa Mesa, CA 92627 CITY OF COSTA MESA PUBLIC ENTERTAINMENT PERMIT DEVELOPMENT SERVICES DEPARTMENT' P. 0 BOX 1200 FIL COSTA MESA CA 92628-1200 Date this permit approved: April 21, 2014 Permit Period: ONE YEAR P140003.:; THIS PERMIT"EXPIRES.APRIL =21, 2015 RE: PERMIT FOR DJ MUSIC AND DANCING Your application for a Public Entertainment Permit has been: ❑ Returned as an incomplete application. The items listed below were found to be inadequately described or were missing from the application. X Approved with conditions listed below that are subject to provisions of Costa Mesa Municipal Code, Article 11, Chapter IV, Title 9. ❑ Denied, based on the items below: ❑ Zoning ❑ California Fire Code ❑ California Building Code ❑ Security Plan for Prevention of Unlawful Conduct ❑ Liability Insurance ❑ Security Plan for Control of PedestrianNehicles ❑ Parking Plan ❑ Seating Plan ❑ Noise Control Plan ❑ Other ❑ Conditional Use Permit Required CONDITIONS ;OF APPROVAL:ATTAC H ED A COPY OF THIS PERMIT MUST BE KEPT ON THE PREMISES AND PRESENTED TO ANY AUTHORIZED CITY OFFICIAL UPON REQUEST. The last date on which an appeal may be filed is 5 pm, Monday, April, 28, 2014. If you have any questions about this permit, please contact me at either Willa.Bouwens- Killeen(c,costamesaca.gov or 714.754.5153. Person taking action on this permit; WILLA BOUWENS-KILLEEN Chief of Code Enforcement NOTICE TO APPLICANT Notice should be sent to you by mail, within forty-five (45) working days of your filing a completed application, that your application has been granted or denied. If you receive notice that your application has been denied or has been granted subject to conditions, you may appeal to the City Council from the denial or from any of the conditions by filing a written appeal with the City Clerk within seven (7) days from the time the notice was deposited in the mail or was personally delivered to you. �23 CONDITIONS OF APPROVAL LION'S DEN - 719 WEST 19TH STREET 1. DOORS MUST REMAIN CLOSED AT ALL TIMES DURING ENTERTAINMENT HOURS 2. HOURS OF ENTERTAINMENT ARE MONDAY THROUGH SUNDAY 11:00 AM TO 2:00 AM. 3. MUSIC SHALL NOT EXCEED CITY NOISE STANDARDS. 4. A COPY OF THIS PERMIT MUST BE KEPT ON THE PREMISES AND PRESENTED TO ANY AUTHORIZED CITY OFFICIAL UPON REQUEST. 5. IT IS THE APPLICANT'S RESPONSIBILITY TO RENEW THIS PERMIT AT LEAST 30 DAYS PRIOR TO THE EXPIRATION DATE. 6. PATRONS ARE PROHIBITED FROM LOITERING IN THE REAR PARKING LOT. THE BUSINESS OPERATOR SHALL USE ALL MEANS POSSIBLE TO PREVENT PATRONS FROM LOITERING IN THE REAR PARKING LOT. ---_(04- CITY OF COSTA MESA PUBLIC ENTERTAINMENT PERMIT ' DEVELOPMENT SERVICES DEPARTMENT P. 0 BOX 1200 ` 4IG� COSTA MESA, CA 92628-1200 HOLIDAY Date this permit approved: October 29, 2015 7 Vjlst 19th St. Permit Period. ONE YEAR Costa Mesa, CA 92627 PERMIT # PEP15-0004 THIS PERMIT EXPIRES OCTOBER 29, 2016 RE: PERMIT FOR DJ MUSIC AND DANCING Your application for a Public Entertainment Permit has been: ❑ Returned as an incomplete application. The items listed below were found to be inadequately described or were missing from the application. X Approved with conditions listed below that are subject to provisions of Costa Mesa Municipal Code, Article 11, Chapter IV, Title 9. ❑ Denied, based on the items below: ❑ Zonmg ❑ California Fire Code ❑ California Building Code ❑ Security Plan for Prevention of Unlawful Conduct ❑ Liability Insurance ❑ Security Plan For Control of PedestrianNehicies ❑ Parking Plan ❑ Seating Plan ❑ Noise Control Pian ❑ Other ❑ Conditional Use Permit Required CONDITIONS OF APPROVAL ATTACHED A COPY OF THIS PERMIT MUST BE KEPT ON THE PREMISES AND PRESENTED TO ANY AUTHORIZED CITY OFFICIAL UPON REQUEST. The last date on which an appeal may be filed is 5 pm, Monday, November 9, 2015. If you have any questions about this permit, please contact me at either Fidel.Gamboa@costamesaca.gov or 714.754.5625. 9 Person taking action on this permit: �. J F[DEL AI�BOA Chief of Code Enforcement NOTICE TO APPLICANT Notice should be sent to you by mail, within forty-five (45) working days of your filing a completed application, that your application has been granted or denied. If you receive notice that your application has been denied or has been granted subject to conditions, you may appeal to the City Council from the denial or From any of the conditions by filing a written appeal with the City Clerk within seven (7) days from the time the notice was deposited in the mail or was personally delivered to you. (045 CONDITIONS OF APPROVAL . PEP15-0004 I4e)L'1D'4'1 — 719 WEST 19TH STREET 1, DOORS MUST REMAIN CLOSED AT ALL TIMES DURING ENTERTAINMENT HOURS, 2, HOURS OF ENTERTAINMENT ARE MONDAY THROUGH SUNDAY 1L00 AM TO 2:00 AIM, 3, MUSIC SHALL NOT EXCEED CITY NOISE STANDARDS, 4. A COPY OF THIS PERMIT MUST BE KEPT ON THE PREMISES AND PRESENTED TO ANY AUTHORIZED CITY OFFICIAL UPON REQUEST. 5. IT IS THE APPLICANT'S RESPONSIBILITY TO RENEW THIS PERMIT AT LEAST 30 DAYS PRIOR TO THE EXPIRATION DATE. 6. PATRONS ARE PROHIBITED FROM LOITERING IN THE REAR PARKING LOT, THE BUSINESS OPERATOR SHALL USE ALL MEANS POSSIBLE TO PREVENT PATRONS FROM LOITERING IN THE REAR PARKING LOT. 7. PATRONS SHALL NOT UTILIZE THE NEIGHBORING BUSINESSES' PARKING AREAS, $. PATRONS ARE NOT ALLOWED TO PARK ON THE ADJACENT SMART AND FINAL PROPERTY, 9. PARKING LOT SHALL HAVE SUFFICIENT LIGHTING TO MAKE VISIBLE THE IDENTITY OF ALL PERSONS IN THE PARKING LOTAND SHALL NOTSHINE ONTO ADJACENT RESIDENTIAL PROPERTIES, 10. PROVIDE A LICENSED, UNIFORMED SECURITY GUARD/GUARDS IF REQUESTED BYTHE CITY. Additional measures as submitted by the applicant; 4 Security Plan — We will be hiring a professional Security Company which will provide an adequate number of security officers to provide security For the interior and exterior of the prerriises. The Officers will monitor the property while we are open to ensure that we have a safe and comfortable environment for our customers and employees, They will also make sure that customers and employees are kept away from the residential area immediately behind the premises so that we can eliminate any noise which might disturb our neighbors. We will also make arrangements with our Security Staff to escort all employees to their cars after we close at night. I will be scheduling a meeting with the Costa Mesa Police Department and our Security Team to ensure that a coordinated plan will be implemented. Parking—Our Security Team will also monitor the parking areas around the premises to make sure that our patrons and employees are parking in designated areas. Our goal is to have all customer parking contained within the shopping center, The Security Team will also make sure the customers do not park in the Smart & Final parking lot which is located to the east of the property. We have noticed that more than fifty percent (50%) of ourcustomers at CASA a re now using Uber and taxis to visit our nightclub. We anticipate the same percentage will be using Uber and taxis to visit Maison/Harper's so an overflow parking situation is very unlikely. ■ Lighting— We recently installed new flood lights on the front of the premises which has increased the light levels. It is our understanding that low light levels were a concern of the Building Department and we have addressed it. California ABC - License Query System - Data Summary ° z �FVF Page 1 of 1 ATTACHMENT 7 California Department of Alcoholic Beverage Control License Query System Summary as of 8/22/2016 License Information :License Number: 547675 :Prima Owner: MAISON WEST 19TH STREET, LLC .ABC Office of Application: 11 - SANTA ANA Business Name Doing Business As: LIONS DEN Business Address .Address: 719-21-23 W 19TH ST Census Tract: 0636.05 City: COSTA MESA County: ORANGE ;State: CA Zip Code: 92627 Licensee Information Licensee: MAISON WEST 19TH STREET, LLC Company Information OFFICER: KISH, MARTIN ANTHONY (MANAGER) STOCKHOLDER: 141 HEIGHTS, LLC STOCKHOLDER: BARRERA, ROLAND MICHAEL STOCKHOLDER: OBBAGE, DAVID WILLIAM License Types 1) License Type: 48 - ON -SALE GENERAL PUBLIC PREMISES License Type Status: ACTIVE Status Date: 18 -FEB -2016 Term: 12 Month(s) Original Issue Date: 07-NOV-2014 Expiration Date: 31 -OCT -2016 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License Type was Transferred On: 07-NOV-2014 FROM: 48-196209 Current Disci Lina Action . No Active Disciplinary Action bund .. . Disciplinary History Nb Disci lin! r. Histor bund .. . Hold Information Mold Date: 08 -DEC -2015 Type: FRANCHISE TAX HOLD Escrow . No Escrow found .. . ---End of Report --- For a definition of codes, view our glossary. http://www.abc.ca.gov/datport/LQSdata.asp?ID=82767245 08/23/2016 Donald G, Alvarado Senior Vice Presideot Genm d Comisel (32:3;, 869.7497 .lune $. ?0l 5 Transmitted via email: m l.lce'tilcost mes �: os� Mel Lee. AIC1' Senior Planner City of Costa Mesa 77 Fair Drive Cosia Mesa, 92628 ATTACHMENT 8 i Food • surplic:v • Et11S{iasv • t loetle 600 Clitatdel Drive, L.Clin117CLG@_'. Gat1fornia 90040 Telefax (31-3) 869-786 '1q • 1vytWP'Le11"9tndUUJWtLVIII Re: PLANNING APPLICATION PA -1 -17 FOR MAISON (FORMERLY LION'S DEN) 719 WEST 19TH STREET, COSTA MF;SA, CA http;�'ty�� ar.,t��tan�����c� �;rye?11i3��ni�i�i��i�tni�•ins�'a�e�iil�'?tI k"�1 i-tfh.(1'I'k}3, ► Smart & Final 4389,707 W. 14a' St., Costa Mesa, CA 92627 — Dear Mr. Lee: Pursuant to our telephone conversation this morning, Smart & Final has no record of an ';umvritten" or written Agreement between Maison Bar (Formely Lion's Den) to allow the usage of Smart & Final's parking lot located at; 707 W. 19'h St.. Costa !Mesa, CA 92627 as overflow for any businesses or patrons of other businesses at any time, Please be advised that unless or until a. written agreement has been fully executed between the parties, eve will riot allow patrons from other businesses to park in our lot. If you have any questions, please feel free to contact tn.y° office. Very truly yours, Bald . 'tado :imult & htial l G s Smart &I �mal Storks i_,I,C • l .a0i & -Sto—IA,C; 01 ATTACHMENT 7 RESOLUTION NO. PC -16-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -16-55 FOR LIVE ENTERTAINMENT AT HOLIDAY (FORMERLY LION'S DEN AND MAISON) AT 719 WEST 19TH STREET THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Pacific Planning Group, representing Pange Family Trust, the property owner, requesting approval of a conditional use permit for the following: • Conditional Use permit to allow live entertainment including, but not limited to, music, dancing, and open microphones, for an entertainment venue (Holiday, formerly Lion's Den and Maison) within 200 feet of residentially -zoned properties, and on-site valet parking. A current public entertainment permit allows disc jockey entertainment (DJ) and dancing. Proposed hours of operation are from 7:00 a.m. to 2:00 a.m., seven days a week; proposed hours for live entertainment are 11:00 a.m. to 2:00 a.m., seven days a week. WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 12, 2016 with all persons having the opportunity to speak for and against the proposal. WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. WHEREAS, the CEQA categorical exemption for this project reflects the independent judgment of the City of Costa Mesa. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibit B, the Planning Commission hereby APPROVES Planning Application PA -16-55. BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA -16-55 and upon the applicant's compliance with each and all of the conditions in Exhibits B, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval and/or mitigation measures. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 1'A Costa Mesa Planning Commission �o- STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Gary Armstrong, acting Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on September 12th, 2016 by the following votes: AYES: Dickson, Mathews, McCarthy, Sesler, Andranian NOES: None ABSENT: None ABSTAIN: None 1 GaryA str g, Actingommission ecretary Costas esa Planning EXHIBIT A FINDINGS (APPROVAL) A. The proposed project complies with Title 13, Section 13-29(g)(2), conditional use permit and minor conditional use permit, of the Municipal Code due to the following: The proposed use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. The proposed use, with the recommended conditions of approval, will be consistent with the other uses in the immediate vicinity. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. • Granting the conditional use permit and minor conditional use permit will not be materially detrimental to the health safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. The use is an existing commercial project consistent with the C1 zoning of the property and residentially -zoned properties in the vicinity. Compliance with the applicable Building and Fire Safety Codes will ensure that the use is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Granting the conditional use permit and minor conditional use permit will not allow a use, density, or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. The use is zoned C1 (Local Business District) and has a General Plan Designation of General Commercial. The use, as conditioned, is consistent with the applicable provisions of the General Commercial General Plan Designation. The request, as conditioned, is consistent with the following policy of the 2015-2035 General Plan. o Policy LU -3.1: Protect existing stabilized residential neighborhoods, including mobile home parks (and manufactured housing parks), from the encroachment of incompatible or potentially disruptive land uses and/or activities. B. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. This project site contains an existing building with no increase in total floor area for the building proposed. The project, as conditioned, is consistent with the applicable General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. C. The project is exempt from Chapter Xll, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation as described in the staff report. Any change in the operational characteristics including, but not limited to, the hours of operation indicated (7:00 a.m. to 2:00 a.m., seven days a week for the venue; 11:00 a.m. to 2:00 a.m., seven days a week for live entertainment), shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(0)]. 2. Entertainment shall include, but not be limited to, amplified live music, dancing, DJ, and open microphones. Any change to the operational characteristics shall require approval of an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. 3. Any music or live entertainment, including a DJ and/or dancing, may only be permitted subject to City issuance of a "Public Entertainment Permit" on an annual basis. Within 15 days of the approval of the CUP, the applicant shall submit an application for the Public Entertainment Permit to the Community Improvement/Code Enforcement Division. The initial approval of this permit will be temporary for a probationary period of six months and may only become a permanent yearly renewal when the following conditions are met: a) Within one month of the approval of the CUP, the applicant shall remit a noise study by an acoustical engineer which identifies the noise levels at the rear property line abutting the residential properties. Noise monitoring shall occur for a four-hour period from 11:00 a.m. to 2:00 a.m. for a minimum of 4 different types of events (live bands, DJ, open microphone, and dancing). Study shall provide conclusions as to whether or not the operations of the bar/lounge comply with the City's Noise Ordinance with regard to the adjacent residences. Study shall make recommendations that shall be implemented by the applicant to reduce noise levels (as applicable) to ensure compliance with the Noise Ordinance. The Development Services Director may impose additional conditions as necessary to mitigate noise issues. 4. If staff determines that a violation of the noise ordinance has occurred, the Public Entertainment Permit may be placed into suspension and all entertainment approved under this conditional use permit must cease. Staff will work with the applicant to _�3 mitigate the violation and may make recommendations. This includes, but is not limited to, the lifting of the suspension, a change of status in the Public Entertainment Permit from a permanent to probationary status, and/or a recommendation for change/revocation to the conditional use permit. 5. The rear doors shall remain closed during any performance of live entertainment, pre-recorded music, and dancing. 6. The conditions of approval and ordinance or code provisions of planning application PA -16-55 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 7. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. 8. There shall be no room or designated area reserved for the exclusive use of designated persons or "private club members." 9. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator and/or business owner shall institute whatever security and operational measures are necessary to comply with this requirement. 10. There shall be no sales of alcoholic beverages for off-site consumption. 11. For establishments with a State Alcoholic Beverage Control (ABC) License, all sales and service staff (within 90 days of hire) shall complete Responsible Beverage Service (RBS) training with a provider approved by the California Department of Alcoholic Beverage Control. A copy of the training certificates shall be kept on premises and presented to any authorized City official upon request.. 12. Parking for patrons and employees of the business shall occur on-site. Patron parking shall be restricted to the front parking area only; employee parking shall be restricted to the rear parking area only. 13. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 14. The valet parking plan shall be subject to the following: a) The valet parking plan shall be reviewed and approved by the Transportation Services Division prior to implementation. b) The valet station(s) shall be located on private property in areas that do not interfere with parking for other properties, drive aisles, public alleys, or public streets. c) Valet parking shall occur on-site only. No valet parking may occur on any other property or in any public alley or public street. d) Valet parking shall specify the hours it will take place. e) To minimize impacts to adjacent residential properties, drop-off and pick-up of customer cars shall not occur within the parking 9`4.— area at the rear of the property. f) Parking spaces not reserved for valet parking shall remain open and unobstructed for customer self -parking. 15. An adequate number of security personnel, as determined by the Police Department Crime Prevention Bureau and/or the Development Services Director, shall be provided to ensure that all parking lots are monitored during the days and hours the business is in operation. Security personnel shall provide parking management, noise control, loitering prevention, as well as general security of all parking areas on and immediately abutting the subject site. 16. Operator shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which applicant has control, to prevent trash, graffiti and littering. Any lighting under the control of applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of nearby residences. Applicant shall further provide adequate lighting above the entrance to the premises sufficient in intensity to make visible the identity and actions of all persons entering and leaving the premises. 17. The intensity and location of lights shall be limited to minimize nighttime light and glare to residents and shall be subject to the Development Services Director's approval. 18. All site lighting fixtures shall be provided with a flat glass lens. Photometric calculations shall be submitted and shall indicate the effect of the flat glass lens fixture efficiency. 19. Lighting design and layout shall limit light spillage to no more than 0.5 foot -candies at the property line of residential properties, consistent with the level of lighting that is determined necessary for safety and security purposes on site. Light standards near residential properties shall be shielded in such a way as to minimize light spillage onto surrounding properties. 20. The operator shall maintain free of litter all areas of the premises under which applicant has control. 21. A copy of the conditions of approval shall be kept on the premises and presented to any authorized City Official upon request. New business/property owners shall be notified of conditions of approval upon Transfer of business or ownership of land. 22. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of, or which are in any way related to, the applicant's project, or any approvals granted by City related to the applicant's project. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in _9 connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. City shall have the right to choose its own legal counsel to represent the City's interests, and applicant shall indemnify City for all such costs incurred by City. 23. The project is subject to compliance with all applicable Federal, State, and local laws. A copy of the applicable Costa Mesa Municipal Code requirements has been forwarded to the Applicant and, where applicable, the Authorized Agent, for reference. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. Hours of construction shall comply with Section 13-279, Title 13, of the Costa Mesa Municipal Code. 3. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 4. All exits shall be clearly marked with "EXIT" signs. 5. Outdoor public communication systems shall not be audible in adjacent residential areas. Bldg. 6. Comply with the requirements of the 2013 California Building Code, 2013 California Residential Code, 2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Green Building Standards Code and 2013 California Energy Code (or the applicable adopted, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. Applicant shall contact Costa Mesa Sanitary District at (949) 654-8400 for any additional district requirements. AQMD 2. Applicant shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. Water 3. Customer shall contact the Mesa Water District – Engineering Desk and submit an application and plans for project review. Customer must obtain a letter of approval and a letter of project completion from Mesa Water District. State 4. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. —f)1)— Facts in Support of [denial ATTACHMENT 8 A) The staff report itself is evidence 1) the applicant stood by, and even acted in concert to circumvent California state conditions already imposed upon the audible component of entertainment provided - which is ZERO decibels 2) the applicant withheld material information concerning the State's conditioning of the audible component of entertainment provided- by withholding and not volunteering the document that describes the operating conditions imposed by the State date 9/11/2014, known as the Petition for Conditional License. This document is not only wholly missing from the package, but also missing is any discussion of the ZERO tolerance Rule beyond obey the law boilerplate located on handwritten page 40, in paragraphs numbered 23, and number 5 -. B) 1) The Findings from the June 2015 still apply. The location's history of noise complaints is located in the June 2015 Findings( denial) for substantively the same request before you tonight, and there has been no material change that can be discerned to justify the requested approval, which is merely a reversal of last years denial of the same request, 2) The locations history further shows a history of operators unable or unwilling to comply with the state 61.4 conditioning of entertainment, however such "breaking the law" behavior by operators is not an entitlement. C) The current operation of the licensed location breaches the liquor license conditions under Section 61.4 and stated by condition 2 on the face of the license. D) A willful misrepresentation of material existing state conditioning of the licensed location to city staff has resulted in a prejudicial recommendation to this planning commission in support of illegally supplanting state law; it abrogates the civil rights of the adjacent residents, and has resulted in a waste of public resources in the form of staff and the publics time, E) That in general the applicants own conduct indicate it has no intentions of, and thus far has not operated, in compliance with the ABC Conditioning of audible components of entertainment provided at this location, that as a matter of law control. F) The applicant has not demonstrated it is capable of a compliance with the state conditions regarding noise from entertainment and is interfering with quiet enjoyment of the property by nearby residents. G) The applicant is operating willfully in violation of the state imposed conditions which is per se contrary to public welfare and morals. PRESENTED AT PLANNING COMMISSION 206002 PRESENTED AT PLANNING COMMISSION EXHIBIT A FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed use is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Facts in Support of Findings: The applicant's request for live entertainment and the legalization of the storage container cannot be supported based on the following: The additional scheduling of live bands at Maison Bar is considered a significant intensification of a nonconforming bar/lounge in close proximity (90 feet) to a residential area. The live entertainment would not be compatible with the multi -family residential neighbors. The proposed live bands will result in an increased probability of noise disruptions to the abutting residential neighbors in addition to historic complaints related to the pre-recorded DJ music at the establishment. The proposed operation and conditions of approval would not ensure the quiet enjoyment of the neighborhood, i.e., the R2 -HD zoned properties along Center Street, due to the operator's past history of not complying with rules and regulations. Previous building code and fire code violations documented at the site, including construction work without the proper building permits, were considered as evidence against the proposal. The parking lot is considered legal nonconforming in terms of parking supply. There is deficient on-site parking (112 parking spaces required; 107 parking spaces proposed) to support the legalization of the storage container in the parking lot. Finding: Granting the minor conditional use permit will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Findings: The use is not consistent with residentially - zoned properties in the vicinity. The use is materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood due to noise impacts from patrons, parking impacts on surrounding properties and residential streets, and litter, smoking, loitering, and crime impacts from patrons. Finding: Granting the minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General plan designation. Facts in Support of Findings: The property is zoned C1 (Local Business District) and has a General Plan Designation of General Commercial. The project is not consistent with the applicable provisions of the General * q_ PRESENTED AT PLANNING COMMISSION I I IL) I 11) Planning Commission Hearing September 12, 2016 Operational for 50+ Years • July 15, 2016 - Present: Holiday (in operations for close to 9 weeks). Current Capacity 223 • History: Capacity 425 - 1963: Colorado Mining Company, Cocktail Lounge with Live Entertainment and Dining. - 1970s: Ronstadt's, Rock and Roll Live Entertainment venue owned by Linda Ronstadt. - 1980 -2014: Lion's Den, DJ Music, Dance, and Club Bar, Live Entertainment until 2010. Tear Holiday Management Team - Mike Kinsella General Manager - Rob Arellano Director of Marketing - Dave Doyle Director of Promotions - Gene Brezeale Director of Entertainment Matson West 19th Street, LLC - Marty Kish Managing Partner verview Permit Request Request for approval of Conditional Use Permit to allow Valet Parking and Live Entertainment as an addition to the currently permitted DJ music and dancing. — This request allows the City to implement additional control overall of the current and proposed uses. — Currently operates legally with an Entertainment Permit issued by the City. Music Permit has conditions, but does not currently have a Conditional Use Permit. — Increases all operational control mechanisms. — Several letters of support have been submitted via email and we ask the Commission to please agree to make this part of public record. Agreement to Conditions • The Operators and Owners Agree to all proposed conditions as recommended by Staff. • Clarification to Staff Report on page 3 — Roland Barrera is NOT involved in running Holiday in ANY capacity: • NO decision making, operational or administrative responsibilities. • Retained litigation law firm Keker 8 Van Nest to protect Holiday's interests & to keep it this way. ^�2— Neighborhood Outreach Community outreach Open House on April 27th. • Invitation extended to all neighbors for July 15th Opening. Invitations were mailed and hand delivered. Two Decibel Readers purchased - one handheld, one mounted. — The Handheld Reader has been used to measure the DB reading around the perimeter of the shopping center. The Handheld Reader is also used consistently in the parking lot at the walls and full walks around Center Street. — The Mounted Reader has been actively monitoring the interior space. Neighborhood c • Invitation sent to 30 surrounding neighbors on September 7th to have a noise study conducted at their homes. • 20 letters were hand delivered to all 20 individual parcels along Center Street. • 30 letters were sent by certified mail to each individual parcel. The reason for the discrepancy was that there were 10 non-resident owners. • One yes response thanking us for the outreach Collaboration with City • Code Enforcement - All construction at Holiday has been completed in compliance with all code and permit requirements. Police - Active communication with Costa Mesa Police Department. — No police complaints related to operations until the date of the public notice on August 31st. From July 15 until September 1st no complaints were received. As of September 1 st Holiday had been operating for 5 weeks with no complaints. The complaint received was noise related. There have been no parking or security issues since Holiday opened. ABC License I Current with No Disciplinary Actions • ABC license condition to exclude Live Entertainment and/or music is related to rear patio. — "There shall be no Live Entertainment, amplified music, or dancing permitted in the rear patio portion of the premises at any time." • Misunderstanding is because originally a back patio area was considered. • The back patio was never constructed. ■ The applicant does not intend to now or in the future apply for a patio area. • Palmieri Tyler Lawyer Michael C. Cho is here to answer questions. He represents Holiday with the ABC. A memo was submitted to Staff today, i All Bartenders are required to complete State of California LEAD IdL� LEAD Has Attended and Completed the Department of Alcoholic Beverage Control's Licensee Education on Alcohol and Drugs Alcohol Seller/Server Training Program SALADEN zwiwr Dole of Tmining Security Provided by 5 Diamond Protection • Certification of all guards by the State of California (BSIS) —8 Front and Side Elevations New roof, paint, signage to Frontage. Insulation added to mitigate potential sound spillage / allows for greater protection. NORTH / FRONT ELEVATION EAST / SIDE ELEVATION Exterior: Before and After Lion's Den —8(0-- Holiday Rear Elevation • Parapet added to screen AC vents both from visual and noise pollution_ SOUTH / REAR EI EVAIION • Insulation added to South and East wall. • Doors and seals replaced / Solid wood core doors. • Security personnel stationed at rear doors. Rear Elevation _ ^.'j['�",�{��•.. t•. f, .+y - :�2 i • y r���� �, .ter-. • New parapet, new paint, new insulation. • Waste Bin is Temporary. • Storage Units are Temporary. —S,)— 111111711,111 in SOUTH / REAR EI EVAIION • Insulation added to South and East wall. • Doors and seals replaced / Solid wood core doors. • Security personnel stationed at rear doors. Rear Elevation _ ^.'j['�",�{��•.. t•. f, .+y - :�2 i • y r���� �, .ter-. • New parapet, new paint, new insulation. • Waste Bin is Temporary. • Storage Units are Temporary. —S,)— Interior Space • Applicant has made improvements to bring the entire space to code. • Acoustical Engineer hired and is here tonight. • ADA accessibility consultant retained. • Upgrades to venting and AC to ensure that vents did not leak noise. • Installation of SoundEAR. Lion's Den Site Plan Holiday Site Plan I Interior Before and After Lion's Den Holiday Insulation and ADA • Access Compliance Review Report CAS 300 _gyp Sound & Noise Mitigation Landrum Ef Brown Acoustical Engineers confirms no difference in sound reading from DJ Music and Live Music. Completed Improvements: - Installation of enclosures for exhaust fans. - Upgrades to doors and seals for sound A LeD proofing. Aviation Planning at the Leading Edge - Upgrades and installation of insulation to L&B provided the Acoustical Holiday's south wall. studies for the Pacific - Installation of parapet walls to the south Amphitheater. edge of Holiday. - Installation of a sound level warning device. Sound Ear/ Sound Mc • Device that measures sound. • Keeps green if noise levels meet programed thresholds. • Amplifiers are controlled through one system which is monitored by management. • Management can control the entire system from mobile device. Currently this is connected to the Manager's iPhone. • The proposed condition to work with Code Enforcement provides the City further control on sound thresholds. _qol— Holiday adds to the Culture and Revitalization of the Westside 100%LE eo, anileIII —rumum SI, 0,w f o,.m. CwelY Ite, v.w, I cam :w ne: Westside Costa Mesa Continues to Shine with Addition of Holiday 1920shisptied Deco i CIA COIklmIs. ear]IIto high 1BiIts Ually Pilot Speakeasy -style bar nears opening in Costa Mesa 111MEBUY Ho&iay, Now Costa Mesa Cockkl l Lounge, Lacs You Channel Your Inner GaW ,NA,d V •,vlp mdl nr. N'n iso R..l be`,eue -.ket xtl e.�ee0 Yienl� WhT Omnge [ounlv's newrsl -W11 lounge, ilohday, Is needed In .. sparsely popuWe,,1 shopping cenler in eoxta Mees. But don t let it's unassuming COLGAN, JULIE Subject: Holiday Sound Mitigation Letter Attachments: Holiday Site Inspection Memorandum-090916.pdf From: David Obbage mailto:dobba a se advisors.corn] Sent: Monday, September 12, 2016 3:21 PM To: LEE, MEL <MEL.LEE@costamesaca.gov> Subject: FW: Holiday Sound Mitigation Letter Mel, Please see the additional email below that was sent to each Planning Commissioner with the attached Letter from Landrum & Brown. Thank you, David David W. Obbage SEG ADVISORS 4650 Von Karman Avenue Newport Beach, California 92660 dobba a se advisors.com Tel (949) 381-7540 1 Fax (949) 756-2594 DRE License # 00848042 PLEASE NOTE NEW CONTACT INFORMATION From: David Obbage [mailto:dobba,-gi@segadvi59rs.rc�n] Sent: Friday, September 09, 2016 5:48 PM To: rdickson.cmpc@gmail.com Subject: Holiday Sound Mitigation Letter Commissioner Dickson, I just received the attached Letter from Landrum & Brown Sound Engineers regarding the sound mitigation measures that have been implemented at Holiday. Thank you, David David W. Obbage SEG ADVISORS 4650 Von Karman Avenue Newport Beach, California 92660 clobbaqe@sggadvisors.com Tel (949) 381-7540 1 Fax (949) 756-2594 DRE License # 00848042 PLEASE NOTE NEW CONTACT INFORMATION NLtH LANDRUM & BROWN Memorandum Date: September 9, 2016 To: Marty Kish, Holiday Costa Mesa From: Mike Holritz, INCE Received City of Costa Mesa Development Services Department SEP 12 2016 Subject: Building Modifications at Holiday (Project #578001-0100) This memo presents the findings of our site visit at the Holiday Lounge in Costa Mesa, California. A previous report (Project #5608001, July 23, 2015) provided recommendations to improve the building noise reduction. These recommendations were intended to help allow the project to provide the desired music level inside, while meeting the City's Noise Ordinance level limits at the adjacent residential areas. The site was visited on September 9, 2016, and it was determined that these modification recommendations have been satisfactorily addressed. In the following sections, the recommended modifications are summarized, and the resulting actions taken are described. Boxing in the exhaust fans — In order to reduce sound transmission through the roof, it was recommended that the exhaust fans above the dance floor area be boxed in. Instead, the fans in the dance floor ceiling were removed and these openings were sealed. The ceiling openings were covered with wood, and tar and roofing material were installed above. This is an adequate solution to reduce sound transmission through the roof. Improving doors and seals — It was recommended that the two entry doors on the south side of the building be replaced with better doors, and that the seals and thresholds be improved. This has been done for one door, and the other door replacement was in progress at the time of the site visit. The new doors are solid -core wood doors. The threshold and seal for the door that has been replaced are satisfactory. These doors will need to remain closed during music operations in order to be effective. It is our understanding that the doors will be closed, and security guards will man the doors during operation. These measures are adequate to meet our recommendations. 19700 FAIRCHILD ROAD, SUITE 230, IRVINE, CA 92612 PHONE: 949.349.0671 �_q�3- MW Holiday Costa Mesa Landrum & Brown Project #578001-0100 Upgrading the south wall — It was recommended that the south wall be improved to the extent possible. The wall has been furred -out, and a layer of heavy wood (approximately 3/4" -thick) has been added to the interior. Fiberglass batt insulation was included in the furred area. Additionally, the exterior wall of the walk-in refrigerator area, which comprises a portion of the south wall, was also improved using insulation and new wood panels. These improvements are adequate to substantially improve the performance of the south wall assembly. Installation of a parapet wall — It was recommended that a parapet wall be constructed atop the roof along the south edge of the building. This has been done. The wall is constructed of a double row of wood studs with heavy wood panels on each face and insulation in the stud cavities. The wall height is adequate to break line -of -sight to the nearby residences, and extends far enough east and west to prevent excessive flanking noise laterally around the barrier. This wall, in conjunction with the exhaust vent removal, is adequate to significantly reduce noise emanating from the roof assembly at the adjacent residences. Installation of a sound level warning device or limiter — It was recommended that a sound level warning device be obtained to give a visual warning when a certain noise level is reached within the facility. The facility has obtained and installed a Sound Ear device for this purpose. An interior sound level threshold will be determined that results in compliance with the exterior Noise Ordinance criteria at the adjacent residential area, and the device will be set to alert the audio personnel when this interior level is approached or exceeded. This device is intended to help ensure that the City's Noise Ordinance limits are not exceeded. Now that the recommended mitigation measures have been implemented, sound level measurements should be performed in order to confirm that the project is in compliance with the City's Noise Ordinance. It is recommended that a series of unannounced noise measurements be performed to demonstrate compliance of the project with the Noise Ordinance. City personnel can be present during these measurements if desired. OLE Landrum & Brown Holiday Costa Mesa Project #578001-0100 It should be noted that live music is not intrinsically louder than recorded music. Sound levels from live music at this project would be expected to be very similar to the levels generated by a DJ or recorded music. The sound level for either type of music is dependent upon the volume settings of the equipment. The Sound Ear device will be used to help ensure that the sound levels do not exceed an acceptable level during live music performance. If you have any questions, please feel free to contact me. Sincerely, Landrum & Brown Mike Holritz, INCE Consultant 'qS — COLGAN, JULIE Subject: In support of Holiday and reinstating Live Entertainment Permit From: esther reyna mailto:erro ale ahoo.com] Sent: Monday, September 12, 2016 3:08 PM To: LEE, MEL<MEL.LEE@costamesaca.g_ov> Subject: In support of Holiday and reinstating Live Entertainment Permit Dear Mr. Lee, I wanted to write to voice my support of Holiday and reinstating Live Entertainment Permit. As a Newport Beach resident, I've been eagerly awaiting for a new place to meet with neighbors, friends, enjoy a drink and listen to Live Entertainment. I strongly believe that Holiday will only add to the quality of life and entertainment to our community, as well as add to and compliment our growing business sector. Thank you for considering my comments. I am happy to support Holiday. Sincerely, Esther Reyna Gi (o — COLGAN, JULIE Subject: Holiday Live music From: ieffcmarctuis2aol.com maiito:'effcmar uis aol.com] Sent: Monday, September 12, 2016 4:22 PM To: LEE, MEL<MEL.LEE@costamesaca.gov> Subject: Holiday Live music Hello Mr. Lee, My name is Jeff Marquis and I am a resident in Costa Mesa. I am in full support of issuing a live music permit to Holiday on 19th street. I believe live music is a great draw for business and the city. The management team and proprietors of holiday are a very responsible group of people and will only enhance the area in West Costa Mesa. Thank you! Jeff Marquis 424 Ogle Circle Costa mesa, CA 92627 LEE, MEL From: Patrick Wood <Patrick@woodinvestments.com> Sent: Monday, September 12, 2016 7:51 PM To: LEE, MEL Subject: Holiday As a Costa Mesa resident for over 12 years and an owner of the Ralphs building at 17th and Tustin, we would be in full support of Holiday obtaining a CUP for live entertainment. Often retail streets and corridors go through change and this is a welcome change that we think could help the surrounding food and retail. Best, Patrick Wood 344 22nd st. Costa Mesa, Ca. 92627 Patrick Wood Wood Investments Inc Patrick Omwoodi n vestm ent s. coin 949.497.8580 work 949.300.0553 cell _qg- D1 '-z I TI COLGAN, JULIE From: cwurr@aol.com Sent: Monday, September 12, 2016 9:20 AM To: PLANNING COMMISSION Subject: Response to notice of Public Hearing for Sep 12, 2016 PA -16-55 To The Honorable Members of the Planning Commission, I attended the June 8 2015 hearing for the subject at hand, proposed live entertainment at the 719 W. 19 th Street location, which was denied because of the adverse impacts to the abutting residential properties. I am a long time resident of Costa Mesa, and have lived in my home on Center Street for over 35 years.The decision by the Council continues to hold true, and allowing this CUP for live entertainment WILL negatively impact the health and welfare of myself, my family, my neighbors and community. I will be teaching at the hospital tonight and very regretfully am not able to attend tonights meeting. Please keep us safe and deny the request. Sincerely, Carole Wurr RNCMNN, IBCLC —Q"! — !r] COLGAN, JULIE Subject: Holiday Live Entertainment application From: Bill Oughton [mailto:bill@nev.com] Sent: Monday, September 12, 2016 9:38 AM To: LEE, MEL <MEL.LEE @ costa mesa ca. ov> Subject: Holiday Live Entertainment application Mr. Lee: I believe and I do support Holiday being allowed Live entertainment at their location. This would be a great addition to their use and would be a great addition to the Costa Mesa community. Good live entertainment is hard to come by these days and I would support that here. Thank you for your time. Bill Oughton Vice President of Real Estate PO Box 8665 Newport Beach, CA 92658 P: 949-644-5522 E: bill@nev.com ('N -2 COLGAN, JULIE Subject: Holiday Live Entertainment CUP From: David Team [mailto:DTeam@waypointpg corn] Sent: Monday, September 12, 2016 9:42 AM To: LEE, MEL <MEL.LEE costa mesaca.gov> Subject: Holiday Live Entertainment CUP Dear Mr. Lee, I am writing to urge your staff and the Planning Commission to approve the CUP for live entertainment at Holiday. Being able to listen to live music is an important part of an evening's entertainment and I strongly support Holiday's application for such. Thank you for your consideration. David Team David 0. Team WAYP INT 1'ICI HN R 1 i f.ln n �' 567 Son Nicolas Drive, Suite 270 Newport Beach, CA 92660 Phone: (949) 2006755 Email: DTeam@woypointpg.com �fo�i� ?u -J' City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Subject: Holiday Live Entertainment CUP Hearing City of Costa Mesa Planning Commission Members: I am writing in support of the Holiday Live Entertainment CUP Hearing and asking the Planning Commission to approve the request. Per the Staff Report, the applicant has mitigated any and all environmental, building and safety, code enforcement, security, lighting and parking concerns. In addition as per the staff report, the proposed use is compatible with the multi -family residential along Center Street. Lastly, the applicant and Holiday will continue to strengthen the economic base of the City, enhance economic stability and continue to facilitate re -development along West 19th Street. Thank you for your consideration, Jeff Hopkins Received City of Costa Mesa Development Services Department -102- SEP 12 2016 COLGAN, JULIE Subject: In support of Holiday and reinstating our Live Entertainment Permit From: Madison, Scott (hurley) [mailto:Scott.Madisor3()riil�(-.cars] Sent: Monday, September 12, 2016 8:19 AM To: LEE, MEL <MEL.LEE costamesaca. ov> Subject: In support of Holiday and reinstating our Live Entertainment Permit Good Morning Mervin, My name is Scott Madison. I am a home owner in Westside Costa Mesa. I wanted to let you you know that as a resident in westside Costa Mesa there are not very many good options for live music. After I visited Holiday during the soft opening I thought that we could use a place like Holiday to go to see live music in a setting that could be relaxing and enjoyable. The westside needs the kind of revitalization that Holiday would add. I don't like to have to go far to enjoy live entertainment. I know that Holiday will do a good job at bringing us what we are looking for. Please consider Holiday for a live Entertainment permit. Best Regards, Scott Madison 901 Victoria Costa Mesa Ca, 92627 COLGAN, JULIE Subject: Music Permit for Holiday Bar on 19th St. From: Dylan RadloffImailto:dylanradloff_1_@gmail.comj Sent: Sunday, September 11, 201610:00 PM To: LEE, MEL <MEL.LEE costamesaca. ov> Subject: Music Permit for Holiday Bar on 19th St. Hello Melvin It is a pleasure to meet you via email. My name is Dylan Radloff, I am a longtime home owner in East Costa Mesa. I hope this email finds you well, I would like to address the upcoming city council meeting concerning the live music permit for the Holiday Bar on 19th street. I am sending you my full endorsement to allow the music permit to go through and bring live music into our area. Costa Mesa has been on the forefront of culture and art within Orange County. The reason I bought my home in Costa Mesa was to be surrounded by the vibrancy of the culinary, art and music scenes and cultural civic engagements. I feel Holiday is a great venue for the community to gather, and it will facilitate an excellent flow of life into our community. Making this an even more desirable area to move fostering even higher property values This particular parcel of land has always been a live music venue. I honestly cannot understand why this subject matter is under debate, or why it would be on the city councils meeting agenda. Hopefully you and the council will have the majority of Costa Mesa's residents best interest in mind and allow this music permit to go through. If you need any other information from me, please contact me at any time. I'm looking forward to hearing positive results and that the Costa Mesa council did the right thing. Best Regards, Dylan Dylan Radloff 949.280.9119 DylanRadlp 1 gmail.com 195 Admiral Way Costa Mesa, Ca 92627 —104— COLGAN, JULIE Subject: Holiday- Live Music Permit -----Original Message ----- From: Lauren Breen [mailto:lolobreen@gmail.com] Sent: Sunday, September 11, 2016 9:15 PM To: LEE, MEL <MEL.LEE@costamesaca.gov> Cc: cathegoidenstate@gmail.com; Dylan <dylanradloff1 @gmail.com> Subject: Holiday- Live Music Permit Hello Melvin, My name is Lauren Breen. I'm writing to give my full support for reinstating the live music permit at Holiday. Holiday offers a great opportunity for people in the Orange County area to be able to enjoy fresh, unique, new bands and artists. There are really not a lot of choices when it comes to listening to great live music in Orange County, Especially places that offer such a unique, intimate and cool atmosphere as Holiday does. Sincerely, Lauren Breen Supportive Costa Mesa Resident 2855 Pinecreek Drive Apt B223 Costa Mesa, Ca 92626 949-547-1929 Sent from my iPhone -105- COLGAN, JULIE Subject: Holiday CUP Hearing From: James Crocenzi [mailto:icrocenzi@cox.net] Sent: Sunday, September 11, 2016 8:56 PM To: LEE, MEL <MEL.LEE @costa mesaca.gov> Subject: Holiday CUP Hearing Dear Mr. Lee, I am writing you today to express my support for the reinstatement of the live entertainment permit being requested by the owners of the venue called "Holiday". If you've ever noticed how quickly a concert venue turns on recorded music between bands, or experienced that strange silence when the music stops playing in a restaurant or bar, you understand how important music can be to a business. Like the quality of the food, drinks and atmosphere, music contributes to the success of the bars, restaurants and venues that we all frequent. The principals are business owners who have a very strong track record of success in the hospitality I food and beverage industry, and I support their right to have live musiclentertainment as an integral part of the venue's overall experience. Thank you for your consideration. Kind regards, James Crocenzi 42 Marisol Newport Beach, CA 92657 -10(0- 0 COLGAN, JULIE Subject: Live entertainment at Holiday From: John Gebhardt [mailto:jeebhardt2(@Pmail.com] Sent: Sunday, September 11, 2016 5:29 PM To: LEE, MEL <MEL.LEE@costan)esaca.gov> Subject: Live entertainment at Holiday Dear Mr. Lee, It has come to my attention that that the Holiday venue is applying to obtain a Live Entertainment permit. I am in support of this approval. As a frequent visitor to the Costa Mesa area I have had the opportunity to visit Holiday and find it to be a unique, friendly and secure establishment. The Live Entertainment component would add further to Costa Mesa having something unique forthe area. I am in support of this approval and hope the Planning Commission sees the opportunity to have a unique and special entertainment venue within the City. John Gebhardt COLGAN, JULIE Subject: Holiday -----Original Message ----- From: Diane.Dekovner@yahoo.com [mailto:diane.dekovner@yahoo.com] Sent: Sunday, September 11, 2016 2:18 PM To: LEE, MEL <MEL.LEE@costamesaca.gov> Subject: Holiday Dear Mr. Lee, I am writing to share my support for a live entertainment permit for Holiday in Costa Mesa. It is a great establishment and I know live entertainment would be awesome. Please count me as a supporter!! Sincerely, Diane DeKovner Newport Beach COLGAN, JULIE Subject: Holiday Live Entertainment Permit From: Cate Hanley [mailto:chanie demandware.comj Sent: Sunday, September 11, 20161:13 PM To: LEE, MEL<MEL.LEE@costamesaca.g_ov> Subject: Holiday Live Entertainment Permit Melvin: My name is Cate Hanley and I am a long term resident of Newport Beach. I am reaching out to you to say that I AM in support of Holiday and reinstating their live entertainment permit. Holiday is one of the few venues in the area where we can enjoy live music in a very lovely atmosphere and I do hope the planning commission will approve their permit for live entertainment. Respectfully, Sales Executive Southern California P: 650.580.1443 www.demandware.com cb1 a d mow futer, grow falter -16P COLGAN, JULIE Subject: Holiday - Life Entertainment Permit (support). From: Guy Johnson (mai ito;guviohnson@iohnsoncapital.com] Sent: Saturday, September 10, 2016 6:41 PM To: LEE, MEL <MEL..LI'-'E costanFes� c<i.s,;n_v> Subject: Holiday - Life Entertainment Permit (support). Dear Mr. Lee — My name is Guy K. Johnson and the purpose of this email is to affirm my absolute support for the approval of Holiday's Live Entertainment Permit. The venue is great; however to have life entertainment would be wonderful for the City of Costa Mesa and it's visitors and residents. Thank you. COLGAN, JULIE Subject: Holiday From: Erik Hale lmailto-.halerouRp-gmail.coml Sent: Saturday, September 10, 2016 2:15 PM To: LEE, MEL<MEL.LEE @ costa mesa ca. ov> Subject: Holiday Mr. Lee, How are you? I am a business owner in Costa Mesa. I publish 4 magazines across Southern California. I am so excited about what is happening in Westside Costa Mesa. trumpeting all that is great about this area. I am writing in support of the live music permit for Holiday. Please give them your vote. Thank you. Erik Hale HI Publisher + Founder c: 949.400.7621 HI o: 949.436.8910 e: Erika localema aziI7e.com LOCALE o u o localema azine.com We are writing a story in our January issue COLGAN, JULIE Subject: Holiday's Live Entertainment Permit -----Original Message ----- From: hannah diffenderffer [mailto:hannandiff@live.com] Sent: Saturday, September 10, 2016 2:41 PM To: LEE, MEL <MEL.LEE@costamesaca.gov> Subject: Holiday's Live Entertainment Permit To Whom it May Concern: My name is Hannah Diffenderffer and I'm in support of Holiday and reinstating their Live Entertainment permit. Best Regards, Hannah Diffenderffer 'P � - e-�Z COLGAN, JULIE Subject: Holiday Live Entertainment Permit From: Donald Bassler mailto:donbassler mail.com1 Sent: Saturday, September 10, 2016 4:34 PM To: LEE, MEL <MEL.LEE costamesaca. ov> Subject: Holiday Live Entertainment Permit Dear Mr. Lee: My name is Donald Bassler and I'm writing to you to express my support for the reinstatement of Holiday's Live Entertainment Permit. There are far too few places in Costa Mesa where one can enjoy live entertainment and not only is Holiday an excellent location for such, but it will have little if any negative impact acoustically for surrounding residents. Additionally, live music increases the popularity of an establishment, increasing merchant revenue and ultimately tax revenues for the City. Thank you for your consideration. Donald Bassler --113- COLGAN, JULIE Subject: Live entertainment at holiday From: Jeff Kaplan Imailto:'ka p Ian @thebrookhollow rou P.com] Sent: Saturday, September 10, 2016 4:46 PM To: LEE, MEL <MEL.LEE costamesaca. ov> Cc: David Obbage <dobba a se advisors.com> Subject: Live entertainment at holiday My name is Jeff KAPLAN. I live in corona Del mar. My company the Brookhollow group is located in a unit we own in Coppertree a project in Costa Mesa. I am in favor of holiday having live entertainment and music. It will sure add value to the experience there. It will also give some of our local talent another venue to showcase their music. Sincerely Jeff KAPLAN JEFF KAPLAN • THE BROOKHOLLOW GROUP 151 Kalmus Drive • Suite F-1 • Costa Mesa, CA 92626 • Phone 714-850-3910 ikolaii@thebrookhollowi,,roup.com • thebrookhollow rou .can -11-4- - From: Logan Harriger alnnanbww'[iwumail.com> Date: September 10, 2016 at 5:34:17 PM PDT To: cathegoldpnstatg@arnaiLmmm Subject: Sound rating study Hi Marty, Our house received mail from you today regarding a sound rating study for your bar Holiday. We are located just behind your business, and the music you play often emanates from your property, permeates through ours, and sometimes even across Center street. Likewise, I am very pleased to read that you are taking measures to reduce the impact of your operations on your neighbors—thank youl However, the liquor license for Holiday stipulates that noise from your establishment should not be audible outside its premises, so it would be sufficient for you to simply conduct your sound rating study around the perimeter of your own property. We appreciate your letter's gesture of goodwill, and sincerely hope you will continue to update you facility --or simply reduce the gain of your amplifiers --in order eliminate your noise pollution and comply with your liquor license (as well as various pieces of state and city legislation), but we are not interested in participating in your sound rating study. Thank you for striving to be good neighbors! Best, Logan —115— Dear Neighbor, We, your neighbors at Holiday (719 W 19th St), would like to invite you to participate in a sound rating study. This study involves a house visit from us in which we will use a sound decibel reader to test if the sound levels from our establishment reach within your home. Holiday has been operating for two months now with amplified music. This study is one of the many efforts Holiday is taking to determine how our noise levels affect our surrounding neighborhood and how to be better neighbors to you. In addition to this study, Holiday has already taken several measures to reduce impacts to our neighborhood, including: 1. Contracting the acoustical engineers who assisted sound mitigation measures for the Pacific Amphitheater, Landrum & Brown; 2. Installing enclosures for exhaust fans; 3. Upgrading doors and seals for sound proofing; 4. Upgrading and installing insulation to Holiday's south wall; 5. Installing parapet walls to the south edge of Holiday; 6. And installing a sound level warning device. To participate in this study, please call Marty Kish at (949) 400-6914 to make an appointment. For more information regarding our sound mitigation measures or Holiday, please feel free to contact Marty Kish by phone at (949) 400-6914 or by email at cathegoldenstate@gma ii. com. Sincerely, Social Management Group & Pacific Planning Group, Inc. 110 4- 0 M M— Cl) M (- (0 N M M M Ln - - P- O r Ln Ln LO LO Ln O M � Ln Ln M - LO Ln O (D LO Un LO LO co Ln L() LO M 0) Ln f0 LO Ln O r L() O Ln M M M M N (0 O M M — M M Ln CO M I, M r i i i i r r i r r i r r r f� f� � f� f� � O I� co (� O I� � n � ti CO h 1� � O ti M P- r- P� r- !- T r- 04 N N N N N N 00 N N N Ln N N N Lr) N N N N N O N 00 N N !l- N N O N d (0 CO (0 CO (O (O (- O (0 O O (0 CO co O O O CO (O CO 0 CO w O 0 O (D CO u) O N rn rn 0) rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn� rn rn a) rn d a¢ a¢¢¢ a¢ a a¢¢ a¢ a¢ a a¢ a a a a¢¢ a a¢ a a cn U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U _ _ g W J a¢ J a¢¢r a a a¢ a a "' Q a a Q a Q Q a=¢ a a cn (n W cn cn cn r w w w m w w w m w w w w cA (n w o 0 (n w cn w w p Ww w w w w F- W W W F- W W W W W w w W Z W W W W 2 2 a m 2 2 w n m 2 2 2 m 2 2 2 2 2 2 a 2 a 2 m p M H Ia- O H H H d H Fa- F¢- CL H H F¢- a H H la- H H Z H O F¢- H H Ia- U)U)Dfcn 2 W� U)w � Www w w 0 o w> o '0 0 0 0 0 o w 0 0 o w 0 0 o w 0 0 0 0 0> O O O o 0 0 o ODUUUUUF- UUUZUUUZUUUUU=UUUUgUUU Z J � U a J w ¢ H F- F- F- W F- F- F- F- F- F- Q W F- F- F- Z F- F- = F - (n (n (n U)cn U) U (n U L. 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I've been s bidi was owner in Costa Mesa on the west side since 1986. Marty Kish is a great businessman bringing nice venues to Costa Mesa Thank you! Gary Crane Office 711 W 17th Street J-2 Sent from my Phone COLGAN, JULIE Subject: Holiday - Live Entertainment Permit -----Original Message ----- From: Patricia Marquez [mailto:pl.marquez@yahoo.com] Sent: Saturday, September 10, 2016 5:55 PM To: LEE, MEL <MEL.LEE@costamesaca.gov> Subject: Holiday - Live Entertainment Permit Dear Mr. Lee, I, Patricia Marquez support Holiday in reinstating their Live Entertainment permit in Costa Mesa. Patricia Marquez -12©- Tu a COLGAN, JULIE Subject: Holiday Entertainment Permit From: Stephanie Salinas maiito:ste hsuesalinas mail.com] Sent: Saturday, September 10, 2016 12:46 PM To: LEE, MEL <MEL.LEE@costamesaca._gov> Subject: Holiday Entertainment Permit Hello, My name is Stephanie Salinas and I am a Cost Mesa resident at 1665 Irvine Ave Apt 1, 92627.1 am writing to voice my SUPPORT for Holiday to receive their live entertainment permit. Costa Mesa is in desperate need of some better night life options as well as music venues and Holiday would be a perfect fit for this. Thank you for taking your time to read this. Kind Regards, Stephanie Salinas _j2! �I 2 COLGAN, JULIE Subject: Cathy Kish From: cathy kish [mailtoxak randma mail.com] Sent: Friday, September 09, 2016 6:15 PM To: LEE, MEL <MEL.LEE costamesaca. ov> Subject: Cathy Kish 09/09/16 Melvin E. Lee, ACIP Senior Planner City of Costa Mesa My name is Cathy Kish. I am a registered voter and a resident of Costa Mesa. I am a retired citizen and am very much excited about Holiday. Having live entertainment at Holiday, would be a great addition to our city. Sincerly, Cathy Kish COLGAN, JULIE Subject: Holiday live music permit From: Monet Quick lmailto:monet.quick g_mail.com] Sent: Friday, September 09, 2016 6:29 AM To: LEE, MEL <MEL.LEE _ costamesaca.goy> Cc: Ashley Eckenweiler <ashlev@theaceagency.corn> Subject: Holiday live music permit Hello Mel, As a longtime resident of east side Costa Mesa and past Cultural Arts committee member, I'm writing to express my desire for more live music in this city. I was very excited to hear that the Social Group, an organization I've had the pleasure of working with on numerous occasions, was applying for a permit for Holiday. As an organization, they will bring in the caliber of entertainment that I would be interested in seeing perform regularly. In short, I'm in favor of them receiving a live music permit and I hope that the city approves them. I will look forward to frequenting Holiday once this happens. Thank you, Monet Quick -Smits -IZ3_ COLGAN, JULIE Subject: Live music at Holiday From: Colin Kwoun [maiito:colin.kwoun@gmail.com] Sent: Friday, September 09, 2016 11:16 AM To: LEE, MEL <MEL.LEE costamesaca. ov> Subject: Live music at Holiday Hello Mel, my name is Colin and I wanted to reach out and let you know that I am in favor of Holiday having live music. Live music is an art form and that being said I don't believe in not allowing for art and talent to be shared. Its a great platform for exposure and in this day and age any exposure for a band is good exposure. Not only does live music provide an escape for some, but it will also help drive business from the local and surrounding areas. More business is never a bad thing to have. This all being in reference to Holiday PA 16 55. I thank you for taking the time to read my email. -Colin Kwoun e COLGAN, JULIE Subject: Holiday PA 16 55 From: Lindsay Arellano [mailto:lindsa arellano28 mail.comj Sent: Friday, September 09, 2016 7:21 AM To: LEE, M E L <M E L. LE E @costa m esaca.gov> Subject: Holiday PA 16 55 H i, My name is Lindsay Arellano and I am a resident of Costa Mesa. I am an Account Manager for West Entertainment which is a Content Service Provider for airlines. I am in favor of live music at Holiday. It makes for a nice evening out with my husband and friends as we love to see live music acts featuring great artists and not just electronic music. I believe this is a great addition to our community. Thank you, Lindsay Arellano 949.491.0717 -12S- r- COLGAN, JULIE Subject: Live Music, The Arts, & Costa Mesa... The City Of Arts From: zac smith [mailto:zac@thecollectivesound.com] Sent: Thursday, September 08, 2016 2:02 PM To: LEE, MEL <MEL.LEE costamesaca. ov> Cc: Ashley Eckenweiler <ashle theacea enc .com> Subject: Live Music, The Arts, & Costa Mesa... The City Of Arts Hello Mel, My name is Zac Smith and I am the Founder and Executive director of The Collective Sound a music org for teens based out of Costa Mesa. Our focus is on programs where students write, record and perform original music. You can learn more about our programs on our site at: https://thecollectivesotmd.com/ . I am writing to express my support for Holiday's Live Music Permit. I attended the City Council meeting where it was last discussed and it seems peculiar that it was being objected to in a venue that had previously had the permit for so many years. The presented objections based on parking or noise louder than the already permitted -DJ- sets have no real merit. Talking to any small live music venue one would learn that the -parking issue- is not on par with that of a club or DJ venue focused on the typical bar scene. It is no secret that live original music shows are harder to sell than a night dancing. The same decibal controls and sound proofing applied to DJ sets is applicable to Live music. Their are many third party acoustic consultants who could ensure such measures are in place. It would also be safe to argue that Holiday putting on live music and promoting art in the venue would be a massive improvement to the previous Lions Den. Further, live music venues are a scarcity in our area and banned completely just down the road in Newport. With the shear number of musicians and bands who call Costa Mesa home it is oppressive to take away such a great opportunity from our community of local artists. To add insult to injury Costa Mesa is supposed to support the arts. Here is an excerpt taken directly from the city website: "Costa Mesa's official motto is "City of the Arts," a title befitting of its world-class cultural scene... with a wide array of art galleries and a cutting-edge music scene. ... residents access the arts in many different venues, and through multiple sources. " I will end with one last more personal example. Every year when we finish our programs we look for a venue for our students to perform. We invite the community, families and friends to attend the final showcase. We generally partner with other local teen orgs like the Boys and Girls Club or Big Brother Big Sisters to come out and share the event. Go ahead and scan Costa Mesa and show me a live music stage that fits such an event... With Boathouse not interested in interrupting their dinner time we have only ever successfully played the parking lot at The Lab... the parking lot with some cones... that is the message we send to our aspiring creative youth. We have resorted to renting a sound stage in Fountain Valley so we can at least have a few lights and decent sound for the kids and this is sad. We need Holiday in Costa Mesa and we need it to be a live music venue. They have shown support for our programs here in Costa Mesa in a sea of of people willing to turn their back on youth arts in our community. Not only is it a great opportunity for a performance venue for our programs but provides an opportunity for us to host local scholarship fundraiser shows for local students. We could go on but for now we will end with, please don't contribute to the oppression of arts and arts education in our society. Especially not in a city that has "City of the Arts" as it's motto. --12(,- be well zac smith Founder/Executive Director The Collective Sound http://www.thecollectivesound.com Mobile/WhatsApp: +1530.693.2058 Skype: zacsmyth zac@thecollectivesound.com -127 COLGAN, JULIE Subject: Hello Mr. Lee from Jorge Lopez RE: Holiday Live Entertainment Please -----Original Message ----- From: Jorge Lopez[mailto:jorgem.lopez@sbcglobal.net] Sent: Thursday, September 08, 2016 3:05 PM To: LEE, MEL <MEL.LEE@costamesaca.gov> Subject: Hello Mr. Lee from Jorge Lopez RE: Holiday Live Entertainment Please Mr. Lee, My name is Jorge Lopez, I am a loan officer and long time resident of Costa Mesa: 977 Carnation Ave, Costa Mesa, 92626. 1 wanted to email you that I am in favor of Holiday having live entertainment and that there are not enough options on the west side for live entertainment. Please vote in favor of Holiday having the option for live entertainment. Thank you for your time! Jorge Lopez, registered voter 977 Carnation Ave Costa Mesa, CA. 92626 949-244-2191 Sent from my iPhone 2$- COLGAN, JULIE Subject: Live music -----Original Message ----- From: PJ McKaig [mailto:pjmckaig@yahoo.com] Sent: Thursday, September 08, 2016 6:31 PM To: LEE, MEL <MEL.LEE@costamesaca.gov> Subject: Live music My name is PJ McKaig I live in Costa Mesa California I am a sports agent. I am in favor of the business (Holiday) having live music Thx Sent from my Phone �—I2q-- N -a COLGAN, JULIE Subject: Holiday From: Mike Kinsella <mk@socialmpmterp.com> Date: September 7, 2016 at 7:48:31 AM PDT To: "caths oldenstate maii.com" <cathe olden state@ gmail.com> Subject: Fwd: Holiday Sent from my iPhone Begin forwarded message: From: cc389 Costa Mesa <cc389 smartandfinal.com> Date: September 7, 2016 at 7:47:21 AM PDT To: "'mk socialm mt r .com"' <mk@sociaimgmtgrp.com> Subject: Holiday To Whom it May Concern, My name is Micha Salinas the Store Manager of Smart & Final 389 in the city of Costa Mesa, our store is located on 707 W. 191h Street. Our newest neighbors to the south of our store is Holiday located at 721 W. 19th St., managed by General Manager Mike Kinsella. They have been good neighbors, the music has not been heard, and we have not had one customer complaint or any negative feedback of any kind. Please feel free to contact me if you have any questions or concerns. Thank you, Micha Salinas Store Manager 949.548.8473 COLGAN, JULIE From: Bradley Webster (BWE.US) <BWE@columbusglobal.com> Sent: Tuesday, September 06, 2016 5:13 PM To: PLANNING COMMISSION Subject: Response to Sept 12, 2016 Hearing In reference to: PA -16-55 719 W. 191h Street Conditional Use Permit to allow Live Music I have been a 28 year resident at 735 Center Street, Costa Mesa (located on the street behind the proposed permit for live entertainment) and am unable to attend the public hearing. So I wanted to respond in writing. We have seen several positive changes over the years in our neighborhood (sidewalks, streetlight, fire hydrants, etc.)... but there is plenty plenty more that needs to be done here on in the 600/700/800 block around 191h street/Placentia avenue/18th street. The problem as a resident behind the proposed permit for music is the added element that it brings as well as the noise. We are already stretched with two sober living houses on Center Street alone (Parking is a huge issue) and there are plenty of homeless than roam here... to then have a live entertainment that goes way into the night can bring added issues that we just don't need right now. Many residents surrounding the venue work hours that require early morning rising, including me. If there is too much noise, then this can disrupt sleep, which can cause issues. When the Lion's Den was in full swing, the noise of the venue traveled down the side of our house like a tunnel and you could hear the bass "thump, thump, thump" well into the night. This caused many sleepless/restless nights. It has been a blessing to not have any venue in there for several years now. I would assume that The City of Costa Mesa could do better related to what could be done with the 700 block of 19th street, then adding something that would bring additional issue that The City and its resources (police/fire) would have to be called to. Best regards Bradley Michael Webster Senior Sales Executive, West Region Phone: +1-949-648-7006 Mobile: +1-714-244-7999 E-mail: bweacoiumbusalobal.com Once youColumVuCI know how.,, 19772 MacArthur Blvd., Suite 210, Irvine, CA 92612 www.columbusgiobal.com CbkvnbwRAaff- CbgM*W,4: yf Mft Cdkmftnkod- q ®© ls AUG -29-2000 19:16 ABC SANTA ANA 'DepaRnlent of Alcoholic Bcvarage Control Santa Ana District Offlee 605 W. Santa Ana Blvd., Bldg 28, Sto. 369 Santa Ana. CA 92701 Phone: 714-558-4101 Fax: 714-053-4486 P.001 St_tte of Californii CoiltlroNti � FAX TRANSMISSION 1 Total Number of Pages (Including this cover sheep 0riglnal:7To follow by regular mail Will not follow To: - CLS tiM (,-� e Firm/Office:�- -r- �1 - Fax. f -7 64- q? % r� cZ Date: 9 - f Time: cc('s): From: C en 0, Phono; J � � ^ (it 0 i Subjoct: Pik — -, ar, Comments: 1 'moo � r Q' a- �a CJ*. NOTICE This communice Cion is intended only for tho use of the individuai or entity to which it Is addressed, and may oontaln Inform itfon that Is privileged, do ofidertGal and exempt from disclosure under applicable law. If the reader of this mossagn Is not the Intended ratrlpfont, you are hereby notified that any dissemination, distribution or copying of this Communication i3 Strictly prohlbltod. if you have recatved this communicatlon in error, please notify us immediately by tolophone, and return the original message to us at the above address. ABO -75 (7109) ex 1.. jOylt Ga ' PO Y "Be Energy Efficient" AUG -29-2000 19:17 ABC SANTA ANA 13_0_2111 9 W DEPAR'T'MENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA IN THE MATTER OF THE APPLICATION OF 01081PA MAISON WEST 19TH STREET, LLC } FILE 4$-547675 LIONS DEIN } 719-21-23 W 19TH ST } REG. COSTA MESA, CA 92627 } } } } PETITION FOR CONDITIONAL } LICENSE For Issuance of an On -Sale General Public Premises — License Under the Alcoholic Beverage Control Act WHEREAS, petitioner(s) has/have filed an application for the issuance of the above -referred -to license(s) for the above-mentioned premises; and, WHEREAS, the proposed premises and/or parking lot, operated in conjunction therewith, are located within 100 feet of residences(s); and, WHEREAS, issuance of the applied -for license without the below -described conditions would interfere with the quiet enjoyment of the property by nearby residents and constitute grounds for the denial of the application under the provisions of Rule 61.4, of Chapter 1, Title 4, of the California Code of Regulations; and, WHEREAS, the issuance of an unrestricted license would be contrary to public welfare and morals; NOW, THEREFORE, the undersigned petitioner(s) do/does hereby petition for a conditional license as follows, to -wit: There shall be no live entertainment, amplified music, or dancing permitted in the rear patio portion of the premises at any time. 2 Any entertainment provided shall not be audible beyond the area under the control of the licensee, ABC -172 (5/94) v:�1fUt �'Si175 (�i�Pl:�' AUG -29-2000 19:17 ABC SANTA ANA 48-547675 Page 2 P.003 This petition for conditional license is made pursuant to the provisions of Sections 23300 through 23805 of the Business and Professions Code and will be carried forward in any transfer at the applicant -premises. Petitioner(s) agree(s) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer. The petitioner(s) understand(s) that any violation of the foregoing condition(s) shall be grounds for the suspension or revocation of the license(s). DATED THIS DAY OF Applicant/Petitioner Applicant/Pe titioner TOTAL P.003 Subject: Maison West 19th Street LLC dba "Holiday" (clarification of ABC conditions and website) Good morning, Based on our call this morning I wanted to send this so you better understand ABC conditions and ABC website. ABC Petition for Candi#iongl LicenseJABC gond€tions The Petition for Conditional license contains the operational conditions that the ABC has imposed on the licensee. Condition No. 1 prohibits live entertainment on the rear patio only. This entertainment prohibition does not apply to any other areas of the licensee. As such you are permitted to provide live entertainment in other areas such as inside subject to Condition No. 2. Condition No. 2 provides that any entertainment, live or otherwise like DJ, shall not be audible "beyond" the area of your control. In this case that would be the boundary of your property you control. The Petition for Conditional license was signed by Roland Barrera because he was the LLC Manager at the time. Even though he is no longer the LLC Manager, ABC does not have the Conditions re -executed due to a LLC Manager change. Note that while the LLC Manager has changed, the licensee is still subject to the imposed conditions. Like LLC Manager changes, the ABC does not issue new conditions for DBA changes (see below). ABC License Certificate: The ABC license certificate has a notation for "Conditions". If you had no conditions it would be blank under the word Condition. In you case since you do have conditions, the ABC's internal coding for conditions is the number "7". The "7" does not relate to the number of actual conditions (eg. seven (7) conditions). In your case you only have two (2) ABC conditions. The "7" only signifies the license is subject to one (1) or more conditions. ABC Website: The DBA will change if you request a DBA change from the ABC (see below). Roland Barrera's name will continue to be listed even though he is a minority member. If later he is no longer a member, you need to provide the ABC an update showing the change and then the ABC will update the ABC website and remove his name. DBA Changes: The listed DBA was the name you originally used. In order to update the ABC with the current DBA, I can prepare a letter to the ABC notifying them of the current DBA as "Holiday". Let me know if you want me to prepare and submit the DBA change. I hope that helps clarify how the ABC conditions, website, coding and DBA work. Let me know if you have any questions. Best regards, Michael Michael C. Cho I Of Counsel Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 1900 Main Street, Suite 700 1 Irvine, CA 92614 Direct Dial (949) 851-7268 1 Fax (9491 825-55425 mcho ptyvww=comBiogr why_ vCard I ptwww.com PALMIERI TYLER A T T O R N= `! S A T L A W This message and any attached documents contain information from the law firm of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP that may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. 81 -JE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ALCOHOLIC BEVERAGE LICENSE VALID, FROM Nov 01, 2015 TYPE ,NUMBER DUP 48 547675 ARE A CM 3004 11 ON -SALE GENERAL PUBLIC PREMISES MAISON WEST 19TH STREET, LLC 1900 MAIN ST 7TH FL C/O MICHAEL CHO, PALMIERI TYLER IRVINE, CA 52814 8USMESS ADDRESS DBA: LIONS DEN OF DIFFERENT) 719-21-23 W 19TH ST COSTA MESA, CA 92627 OWINERS: MAISON WEST 19TH STREET LIC IMPORTANT INFORMATION EXPIRES Oct 31, 2016 PER From 48-1962D9 CONDITIONS EFFECTW PERIOD. This bminiee es effectme only for the operating paftod shown above A new lwnse w,d be sant A to 6 +veers Ak, Me !YWWW dada on yaw L61Aa of o&rrant s Wftly. YOLK teen" &talus wilt ranvrn in good standing tot 6o days rine* the e.pwat an Chet rf tfte rertli" Pyrrnnt real ntuafv W tfinety. 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CM PRIE WES WILL RE TEMPORARIL'• CLOSED FOR v.,RE TKM 1S DAYS 90 WALL W 011111tMIiNOMY CL08W. pw 1 Ltconse Sertaie 1189304 ATTACHMENT 9 City of Costa 14 August 24, 2016 Calls for Service 719 W 19th St 08/01/2015 - 8/23/2016 Between August 1, 2015 and August 23, 2016 there were 215 Calls for Service for Lions' Den/Holiday located at 719 W 19th St. Of the 215 calls 166 were self -initiated calls from patrol (Subject Stop, Patrol Checks, Traffic Stops, and Bike Stops). Call Date/Time Location Nature Business Service 08/07/2015 16:19 719 W 19TH ST TRANSIENT LIONS DEN LAW 08/31/2015 13:34 719 W 19TH ST DRINKING IN PUBLIC LIONS DEN LAW 09/04/2015 16:37 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 09/05/2015 16:14 719 W 19TH ST MUNICIPAL ORDINANCE VIOLATION LIONS DEN LAW 09/09/2015 13:42 719 W 19TH ST DISTURBANCE MUSIC LAW 09/10/2015 09:05 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 09/15/2015 12:14 719 W 19TH ST TRANSIENT LIONS DEN LAW 10/05/2015 10:28 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 10/05/2015 11:24 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 10/08/2015 11:38 719 W 19TH ST PERSON DOWN MEDICS REQ LIONS DEN LAW 10/10/2015 01:15 719 W 19TH ST 911 WIRELESS NO VOICE CONTACT LIONS DEN LAW 10/13/2015 09:24 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 10/14/2015 19:52 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 10/15/2015 15:42 719 W 19TH ST PATROL CHECK LIONS DEN LAW 10/24/2015 07:06 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 10/24/2015 16:42 719 W 19TH ST PATROL CHECK LIONS DEN LAW 10/24/2015 19:19 719 W 19TH ST PATROL CHECK LIONS DEN LAW 10/26/2015 13:19 719 W 19TH ST BURGLARY AUDIBLE ALARM LAW 10/28/2015 10:45 719 W 19TH ST MISC MISDEMEANOR INCIDENT LIONS DEN LAW 10/29/2015 16:09 719 W 19TH ST PATROL CHECK LIONS DEN LAW 10/30/2015 09:28 719 W 19TH ST PATROL CHECK LIONS DEN LAW 10/31/2015 12:42 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 11/06/2015 11:13 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 11/06/2015 12:39 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/06/2015 19:21 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/07/2015 08:53 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 11/07/2015 12:37 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/07/2015 18:11 719 W 19TH ST PATROL CHECK LIONS DEN I LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 1 CFS 719 W 19" St 08/24/2016 _139_ City of Costa Mesa August 24, 2016 Call Date/Time Location Nature Business Service 11/11/2015 16:28 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/11/2015 19:48 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/12/2015 22:34 719 W 19TH ST BURGLARY AUDIBLE ALARM LAW 11/13/2015 08:42 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/13/2015 13:59 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/14/2015 16:23 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/17/2015 10:56 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/19/2015 14:48 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/20/2015 12:52 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/20/2015 13:41 719 W 19TH ST BURGLARY AUDIBLE ALARM LAW 11/21/2015 07:22 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/24/2015 12:42 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 11/27/2015 14:04 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/28/2015 07:27 719 W 19TH ST PATROL CHECK LIONS DEN LAW 11/28/2015 15:55 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/04/2015 10:11 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/08/2015 09:19 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/08/2015 12:45 719 W 19TH ST WARRANT ARREST LIONS DEN LAW 12/09/2015 10:13 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/09/2015 14:39 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 12/09/2015 18:24 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/10/2015 14:19 719 W 19TH ST TRANSIENT LIONS DEN LAW 12/12/2015 11:45 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 12/12/2015 15:37 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 12/12/2015 15:53 719 W 19TH ST MUNICIPAL ORDINANCE VIOLATION LIONS DEN LAW 12/16/2015 12:47 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/19/2015 07:38 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/19/2015 11:48 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/19/2015 16:02 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/23/2015 13:51 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 12/24/2015 11:14 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 12/26/2015 07:40 719 W 19TH ST PATROL CHECK LIONS DEN LAW 12/26/2015 16:03 719 W 19TH ST MUNICIPAL ORDINANCE VIOLATION LIONS DEN LAW 01/02/2016 15:27 719 W 19TH ST PATROL CHECK LIONS DEN LAW 01/05/2016 13:07 1 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 01/05/2016 13:30 1 719 W 19TH ST SUBJECT STOP LIONS DEN LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 2 CFS 719 W 19`h St 08/24/2016 j ? City of Costa Mesa Auoust 24. 2016 Call Date/Time Location Nature Business Service 01/06/2016 08:49 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 01/06/2016 10:20 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 01/06/2016 10:47 719 W 19TH ST PATROL CHECK LIONS DEN LAW 01/06/2016 14:57 719 W 19TH ST MUNICIPAL ORDINANCE VIOLATION LIONS DEN LAW 01/07/2016 16:11 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 01/09/2016 14:44 719 W 19TH ST PATROL CHECK LIONS DEN LAW 01/12/2016 10:12 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 01/13/2016 15:19 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 01/14/2016 11:49 719 W 19TH ST PATROL CHECK LIONS DEN LAW 01/15/2016 12:05 719 W 19TH ST PATROL CHECK LIONS DEN LAW 01/16/2016 14:32 719 W 19TH ST PATROL CHECK LIONS DEN LAW 01/20/2016 14:42 719 W 19TH ST PATROL CHECK LIONS DEN LAW 01/23/2016 08:22 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 01/23/2016 14:07 719 W 19TH ST PAROLE VIOLATION LIONS DEN LAW 01/27/2016 16:04 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 01/30/2016 16:37 719 W 19TH ST PATROL CHECK LIONS DEN LAW 02/03/2016 13:39 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 02/06/2016 17:13 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 02/06/2016 17:13 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 02/08/2016 15:35 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 02/09/2016 09:02 719 W 19TH ST PATROL CHECK LIONS DEN LAW 02/09/2016 15:42 719 W 19TH ST TRANSIENT LIONS DEN LAW 02/10/2016 02:10 719 W 19TH ST BURGLARY AUDIBLE ALARM LIONS DEN LAW 02/10/2016 07:55 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 02/13/2016 15:21 719 W 19TH ST PATROL CHECK LIONS DEN LAW 02/15/2016 08:36 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 02/16/2016 12:01 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 02/17/2016 08:03 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 02/17/2016 13:05 719 W 19TH ST BURGLARY AUDIBLE ALARM LIONS DEN LAW 02/17/2016 13:55 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 02/18/2016 12:10 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 02/18/2016 12:44 719 W 19TH ST TRANSIENT LIONS DEN LAW 02/19/2016 17:23 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 02/20/2016 11:19 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 02/23/2016 16:02 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 02/23/2016 18:22 719 W 19TH ST TRANSIENT LIONS DEN LAW 02/24/2016 08:49 719 W 19TH ST SUBJECT STOP LIONS DEN LAW Stats produced by Costa Mesa nPpartment Crime Analysis Unit Page 3 CFS 719 W 19" St 0812412016 City of Costa Mesa August 24, 2016 Call Date/Time Location Nature Business Service 02/24/2016 11:39 719 W 19TH ST PATROL CHECK LIONS DEN LAW 02/27/2016 14:52 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 02/29/2016 12:00 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 03/01/2016 08:17 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 03/01/2016 09:01 719 W 19TH ST INTOXICATED MALE LIONS DEN LAW 03/01/2016 13:51 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 03/04/2016 09:51 719 W 19TH ST PATROL CHECK LIONS DEN LAW 03/05/2016 07:46 719 W 19TH ST PATROL CHECK LIONS DEN LAW 03/08/2016 08:49 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 03/09/2016 09:45 719 W 19TH ST PATROL CHECK LIONS DEN LAW 03/10/2016 17:12 719 W 19TH ST PATROL CHECK LIONS DEN LAW 03/11/2016 14:10 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 03/12/2016 09:14 719 W 19TH ST PATROL CHECK LIONS DEN LAW 03/19/2016 12:53 719 W 19TH ST PATROL CHECK LIONS DEN LAW 03/22/2016 14:27 719 W 19TH ST PATROL CHECK LIONS DEN LAW 03/23/2016 13:17 719 W 19TH ST PATROL CHECK LIONSIDEN LAW 03/28/2016 11:41 719 W 19TH ST SUBJECT STOP LIONSLAW 03/30/2016 08:02 719 W 19TH ST PATROL CHECK LIONSLAW 03/31/2016 12:59 719 W 19TH ST PATROL CHECK LIONSLAW 04/01/2016 18:51 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 04/01/2016 19:01 719 W 19TH ST WARRANT ARREST LIONS DEN LAW 04/02/2016 10:23 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/05/2016 09:48 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/06/2016 09:15 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/07/2016 11:52 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/08/2016 12:01 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/09/2016 08:03 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 04/09/2016 16:40 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 04/09/2016 18:58 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 04/10/2016 10:28 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 04/12/2016 11:46 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/13/2016 10:26 719 W 19TH ST LOITERING LIONS DEN LAW 04/13/2016 11:20 719 W 19TH ST INTOXICATED MALE LIONS DEN LAW 04/13/2016 13:28 719 W 19TH ST TRANSIENT LAW 04/13/2016 13:57 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 04/14/2016 11:30 1 719 W 19TH ST SUBJECT STOP LIONS DEN LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 4 CFS 719 W 19" St 08/24/2016 City of Costa Mesa ust 24, 2016 Call Date/Time Location Nature Business Service 04/15/2016 12:37 719 W 19TH ST TRANSIENT LIONS DEN LAW 04/15/2016 14:38 719 W 19TH ST TRANSIENT LIONS DEN LAW 04/16/2016 07:26 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/16/2016 13:48 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 04/19/2016 14:33 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/20/2016 13:31 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/21/2016 08:08 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/23/2016 08:19 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 04/23/2016 15:59 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/26/2016 14:53 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/27/2016 12:27 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/29/2016 09:02 719 W 19TH ST PATROL CHECK LIONS DEN LAW 04/30/2016 17:21 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 05/02/2016 09:30 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 05/03/2016 09:05 719 W 19TH ST PATROL CHECK LIONS DEN LAW 05/04/2016 14:11 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 05/05/2016 08:50 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 05/06/2016 10:42 719 W 19TH ST PATROL CHECK LIONS DEN LAW 05/07/2016 08:37 719 W 19TH ST PATROL CHECK LIONS DEN LAW 05/07/2016 08:38 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 05/07/2016 19:47 719 W 19TH ST PATROL CHECK LIONS DEN LAW 05/08/2016 15:11 719 W 19TH ST BIKE STOP LIONS DEN LAW 05/09/2016 10:04 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 05/10/2016 09:01 719 W 19TH ST PATROL CHECK LIONS DEN LAW 05/12/2016 10:03 719 W 19TH ST PATROL CHECK LIONS DEN LAW 05/12/2016 10:43 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 05/14/2016 10:21 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 05/20/2016 08:02 719 W 19TH ST PATROL CHECK LIONS DEN LAW 05/21/2016 10:07 719 W 19TH ST PATROL CHECK LIONS DEN LAW 05/28/2016 07:40 719 W 19TH ST PATROL CHECK LIONS DEN LAW 05/28/2016 18:18 719 W 19TH ST OUT FOR INVESTIGATION LIONS DEN LAW 05/31/2016 14:17 719 W 19TH ST PATROL CHECK LIONS DEN LAW 06/01/2016 13:18 719 W 19TH ST PATROL CHECK LIONS DEN LAW 06/02/2016 10:06 719 W 19TH ST PATROL CHECK LIONS DEN LAW 06/06/2016 16:51 719 W 19TH ST WELFARE CHECK LIONS DEN I LAW 06/08/2016 14:46 719 W 19TH ST PATROL CHECK LIONS DEN LAW 06/09/2016 12:15 719 W 19TH ST POLICE PUBLIC ASSIST LIONS DEN LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 5 CFS 719 W 19`h St 0812412016 City of Costa Mesa st 24, 2016 Call Date/Time Location Nature Business Service 06/11/2016 15:56 719 W 19TH ST PATROL CHECK LIONS DEN LAW 06/15/2016 11:50 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 06/18/2016 17:42 719 W 19TH ST PATROL CHECK LIONS DEN LAW 06/20/2016 12:37 719 W 19TH ST DISTURBANCE MALE LIONS DEN LAW 06/20/2016 15:02 719 W 19TH ST PATROL CHECK LIONS DEN LAW 06/23/2016 13:07 719 W 19TH ST WARRANT ARREST LIONS DEN LAW 06/24/2016 11:41 719 W 19TH ST PATROL CHECK LIONS DEN LAW 06/28/2016 00:30 719 W 19TH ST DISTURBANCE MUSIC LIONS DEN LAW 06/29/2016 08:13 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 06/30/2016 12:34 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 07/01/2016 05:44 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 07/04/2016 07:03 719 W 19TH ST PATROL CHECK LIONS DEN LAW 07/15/2016 07:56 719 W 19TH ST PATROL CHECK LIONS DEN LAW 07/20/2016 14:16 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 07/22/2016 08:39 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 07/24/2016 15:27 719 W 19TH ST PATROL CHECK LIONS DEN LAW 07/25/2016 10:28 719 W 19TH ST TRANSIENT LIONS DEN LAW 07/25/2016 14:19 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 07/26/2016 12:39 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 07/28/2016 21:04 719 W 19TH ST FALL LAW 07/30/2016 01:26 719 W 19TH ST DISTURBANCE MALE LIONS DEN LAW 08/01/2016 15:51 719 W 19TH ST TRANSIENT LIONS DEN LAW 08/02/2016 14:27 719 W 19TH ST HIT AND RUN ACCIDENT LIONS DEN LAW 08/02/2016 17:42 719 W 19TH ST SUSPICIOUS MALE LIONS DEN LAW 08/04/2016 12:05 719 W 19TH ST TRANSIENT LIONS DEN LAW 08/05/2016 05:16 719 W 19TH ST PATROL CHECK LIONS DEN LAW 08/05/2016 07:04 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 08/05/2016 20:07 719 W 19TH ST TRANSIENT LAW 08/05/2016 22:28 719 W 19TH ST UNWANTED SUBJECT LIONS DEN LAW 08/06/2016 07:18 719 W 19TH ST PATROL CHECK LIONS DEN LAW 08/08/2016 18:20 719 W 19TH ST TRANSIENT LAW 08/10/2016 08:13 719 W 19TH ST PATROL CHECK LIONS DEN LAW 08/10/2016 09:53 719 W 19TH ST MEDICAL AID HOLIDAY LAW 08/12/2016 06:55 719 W 19TH ST PATROL CHECK LIONS DEN LAW 08/13/2016 08:01 719 W 19TH ST MUNICIPAL ORDINANCE VIOLATION LIONS DEN LAW 08/13/2016 08:36 719 W 19TH ST POLICE PUBLIC ASSIST LIONS DEN LAW 08/15/2016 07:47 719 W 19TH ST PATROL CHECK LIONS DEN LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit 4 Page 6 CFS 719 W 19" St 08/24/2016 City of Costa Mesa ust 24, 2016 Call Date/Time Location Nature Business Service 08/16/2016 06:38 719 W 19TH ST PATROL CHECK LIONS DEN LAW 08/18/2016 20:32 719 W 19TH ST TRANSIENT HOLIDAY LAW 08/19/2016 07:03 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 08/20/2016 06:43 719 W 19TH ST PATROL CHECK LIONS DEN LAW Top Five Calls for Service Types Nature of Call Number of Calls PATROL CHECK 92 SUBJECT STOP 54 OUT FOR INVESTIGATION 20 TRANSIENT 15 BURGLARY AUDIBLE ALARM 5 MUNICIPAL ORDINANCE VIOLATION 5 Municipal Ordinance Violation calls consisted of unregistered bike calls, drinking in public, and possessing a shopping cart. Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 7 CFS 719 W 19`h St 0812412016 iI- City of Costa Mesa September 22, 2016 Calls for Service 719W19t"St 08/24/2016 — 9/20/2016 Between August 24, 2016 and September 20, 2016 there were 23 Calls for Service for Lions' Den/Holiday located at 719 W1 9th St. Of the 23 calls 10 were self -initiated calls from patrol (Subject Stop, Patrol Checks, Traffic Stops, and Bike Stops). Call Date/Time Location Nature Business Service 08/24/2016 07:47 719 W 19TH ST PATROL CHECK LAW 08/25/2016 22:49 719 W 19TH ST DISTURBANCE MUSIC HOLIDAY LAW 08/26/2016 00:26 719 W 19TH ST DISTURBANCE OCCURRING AGAIN HOLIDAY LAW 08/26/2016 07:31 719 W 19TH ST PATROL CHECK LIONS DEN LAW 08/26/2016 23:40 719 W 19TH ST INTOXICATED FEMALE HOLIDAY LAW 08/27/2016 01:32 719 W 19TH ST DISTURBANCE MUSIC HOLIDAY LAW 08/27/2016 10:11 719 W 19TH ST POLICE PUBLICAS5IST LIONS DEN LAW 09/02/2016 12:23 719 W 19TH ST TRANSIENT HOLIDAY LAW 09/03/2016 00:34 719 W 19TH ST DISTURBANCE MUSIC LAW 09/03/2016 07:27 719 W 19TH ST PATROL CHECK LIONS DEN LAW 09/05/2016 09:49 719 W 19TH ST PATROL CHECK LIONS DEN LAW 09/07/2016 06:34 719 W 19TH ST PATROL CHECK LIONS DEN LAW 09/09/2016 06:38 719 W 19TH ST PATROL CHECK LIONS DEN LAW 09/09/2016 23:01 719 W 19TH ST DISTURBANCE MUSIC HOLIDAY LAW 09/10/2016 01:15 719 W 19TH ST TRANSIENT HOLIDAY LAW 09/13/2016 16:24 719 W 19TH ST PATROL CHECK LIONS DEN LAW 09/14/2016 07:55 719 W 19TH ST PATROL CHECK LIONS DEN LAW 09/15/2016 22:50 719 W 19TH ST DISTURBANCE MUSIC HOLIDAY LAW 09/16/2016 21:17 719 W 19TH ST TRANSIENT HOLIDAY LAW 09/17/2016 18:04 719 W 19TH ST PATROL CHECK LIONS DEN LAW 09/20/2016 11:17 719 W 19TH ST TRANSIENT HOLIDAY LAW 09/20/2016 12:01 719 W 19TH ST PATROL CHECK LIONS DEN LAW 09/20/2016 17:26 719 \A---- ST TRANSIENT HOLIDAY LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 1 CFS 719 W 19" St 09/22/2016 �1- Cityof Costa Mesa 1�9 44 October 31St, 2016 Calls for Service 719W19t"St 09/21/2016 — 10/30/2016 Between September 21, 2016 and October 30, 2016 there were 25 Calls for Service for Lions' Den/Holiday located at 719 W 19th St. Of the 25 calls 11 were self -initiated calls from patrol (Subject Stop, Patrol Checks, Traffic Stops, and Bike Stops). Call Date/Time Location Nature Business Service 09/21/2016 11:41 719 W 19TH ST TRANSIENT HOLIDAY LAW 09/23/2016 15:30 719 W 19TH ST TRANSIENT HOLIDAY LAW 09/24/2016 07:06 719 W 19TH ST OUT FOR INVESTIGATION I HOLIDAY LAW 09/25/2016 20:00 719 W 19TH ST DISTURBANCE MUSIC HOLIDAY LAW 09/26/2016 10:20 719 W 19TH ST TRANSIENT HOLIDAY LAW 09/27/2016 12:18 719 W 19TH ST TRANSIENT HOLIDAY LAW 09/28/2016 22:04 719 W 19TH ST TRANSIENT HOLIDAY LAW 09/30/2016 06:48 719 W 19TH ST PATROL CHECK HOLIDAY LAW 10/01/2016 10:17 719 W 19TH ST TRANSIENT HOLIDAY LAW 10/02/2016 13:51 719 W 19TH ST TRANSIENT HOLIDAY LAW 10/04/2016 06:38 719 W 19TH ST OUT FOR INVESTIGATION HOLIDAY LAW 10/04/2016 17:55 719 W 19TH ST TRANSIENT HOLIDAY LAW 10/08/2016 14:30 719 W 19TH ST TRANSIENT HOLIDAY LAW 10/13/2016 22:13 719 W 19TH ST DISTURBANCE MUSIC HOLIDAY LAW 10/13/2016 23:30 719 W 19TH ST DISTURBANCE OCCURRING AGAIN HOLIDAY LAW 10/14/2016 06:44 719 W 19TH ST PATROL CHECK HOLIDAY LAW 10/15/2016 08:03 719 W 19TH ST PATROL CHECK HOLIDAY LAW 10/17/2016 08:12 719 W 19TH ST SUBJECT STOP HOLIDAY LAW 10/19/2016 06:27 719 W 19TH ST PATROL CHECK HOLIDAY LAW 10/20/2016 08:34 719 W 19TH ST PATROL CHECK HOLIDAY LAW 10/21/2016 06:57 719 W 19TH ST PATROL CHECK HOLIDAY LAW 10/27/2016 08:36 719 W 19TH ST PATROL CHECK HOLIDAY LAW 10/28/2016 07:09 719 W 19TH ST SUBJECT STOP HOLIDAY LAW 10/30/2016 00:12 719 W 19TH ST DISTURBANCE FEMALE HOLIDAY LAW 10/30/2016 01:14 719 W 19TH ST I DISTURBANCE NOISE HOLIDAY LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 1 CFS 719 W 19'h St 10/31/2016