Loading...
HomeMy WebLinkAbout16 - NB-1 - Six Month Review of Planning Application - 7/18/2017CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 18, 2017 ITEM NUMBER: NB -1 SUBJECT: SIX-MONTH REVIEW OF PLANNING APPLICATION PA -16-55 FOR HOLIDAY (FORMERLY LION'S DEN AND MAISON) 719 WEST 19TH STREET DATE: JULY 6, 2017 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: Receive and file the six-month review of the City Council's approval of 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. APPLICANT/AUTHORIZED AGENT The applicant/authorized agent is Pacific Planning Group Inc., representing Pange Family Trust, the property owner. 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 have 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 have 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 include 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, along with 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 a conditional use permit for eating and drinking establishments open past 11:00 p.m. that include alcoholic beverage sales, entertainment, and dancing within 200 feet of residentially -zoned property. The subject business predates this requirement and is considered nonconforming. The site currently operates under a Public Entertainment Permit issued by the City and a State Alcoholic Beverage Control (ABC) License Type 48 (On -Sale General, Public Premise). The establishment has all required Building and Fire Safety permits and inspections. CUP Request for Live Entertainment Venue and Valet Parking (PA -16-55) Holiday opened to the public on July 15, 2016. Live entertainment was discontinued at the establishment in late 2010. Because the current operator proposed 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 was required. Live entertainment including, but not limited to, music, dancing, and open microphones was proposed. The hours of operation are 5:00 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 was proposed in the event it became necessary to prevent overflow patron parking onto adjacent properties and streets. Planning Commission Action The Planning Commission considered the project at its September 12, 2016, meeting. During the hearing seven persons spoke in favor of the request and three spoke in opposition. Written correspondence both in opposition to and in support of the use 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, including an offer to install noise meters at their homes to monitor the noise levels; • The Commission amended condition of approval number no. 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. The Commission also added language to the condition that allows the Development Services Director to impose additional conditions as necessary to mitigate noise issues; and • 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. City Council Action On January 3, 2017, City Council considered a request by Mayor Pro Tem Genis to review the Planning Commission's approval of the Conditional Use Permit. During the hearing, 13 persons spoke in support of the proposal and 11 persons spoke in opposition. The City Council modified the conditions of approval as follows: • Modified condition of approval no. 3 to require that the application be returned to the City Council for review in 6 months; • Modified condition of approval no. 4 to require the applicant to implement the sound mitigation measures recommended in the noise analysis prepared by the acoustical engineer, Gary Hardesty of Sound Media Fusion, LLC; • Modified condition of approval no. 5 to require the facility to maintain an on- site sound monitoring device that will be calibrated with the sound equipment on a regular basis. In addition, the applicant was required to work with the acoustical engineer to limit the low frequency noise (i.e., bass) emanating from the establishment; and • Modified condition of approval no. 6 to require the applicant to provide a point of contact for future noise complaints from residents. Based on the above, the City Council approved the project on a 4-1 vote (Councilmember Righeimer voting no). The link to the City Council Staff report can be found at http://www. costamesaca.gov/ftp/council/agenda/2017/2017-01-03/PH-2.pdf and is also attached to this staff report. ANALYSIS (SIX-MONTH REVIEW) CID Monitoring The Community Improvement division (CID) staff conducted a six-month monitoring of the public entertainment at Holiday. The purpose of the monitoring was to identify Holiday's compliance with the conditions of approval under PA -16-55. Specifically, staff's goal was to determine if the sound emanating from the Holiday venue was reasonable in its effects to the community as stipulated in condition of approval no. 12 - "The business shall be conducted, at all times, in a manner that will allow for the quiet enjoyment of the surrounding neighborhood". Staff conducted both announced and unannounced site visits and utilized a camera to capture the sound of the performances exterior to the venue. Staff scheduled these site visits based on Holiday's entertainment calendar where it was determined that the event could possibly create a significant impact to the neighborhood. The events chosen included both live entertainment as well as recorded music. In total staff monitored nineteen (19) performances. From January 20, 2017 through March 31, 2017 staff identified six (6) out of eleven performances where low frequency noise (i.e., bass) emanating from the rear of the structure was extremely loud. The bass sound was clearly audible at the rear wall separating the commercial and residential properties on the south side of the commercial parcel. In two (2) of the six performances the bass was directly related to live music with the remainder being related to recorded music being played by a DJ. In staff's opinion the level of the bass heard was unreasonable and did not meet the standard outlined in condition of approval no. 12. On April 6, 2017, staff met with a representative of the Holiday to express the City's concern regarding the loud bass volume. As part of this meeting, a joint sound monitoring was scheduled to determine why bass levels were not being mitigated. On April 12, 2017, staff conducted a site monitoring with Holiday staff and after several tests determined that two interior bass speakers were producing the loud levels of bass emanating from the structure. After further discussion Holiday staff made the decision to eliminate the use of the two bass speakers as part of the performance sound equipment for both live and recorded music. From April 15, 2017 through June 23, 2017, eight (8) additional performances were monitored. Seven of the eight performances consisted of recorded music played by a DJ with the other being a solo live artist. Staff determined that a significant reduction in the loud bass had occurred. Although, the music was still audible at the rear wall, in staff's opinion it now met the standard as outlined in condition of approval no. 12. Police Contact As part of the monitoring, CID staff contacted the Costa Mesa Police Department to determine if they had received any complaints regarding sound emanating from the Holiday venue. According to their records there had been approximately nineteen (19) calls for service regarding loud music during the same monitoring period. The Police Department indicated no evidence was found to support the complaints and the majority of calls had been made by anonymous callers. In addition, Police Department records show that the on-site management was actively monitoring/patrolling the location due to several calls made by management regarding suspected drug use and or disturbance of the peace. Although Police Department personnel did not find any evidence to support the complaints, CID did verify that at least three of the complaint calls were valid based on on-site observations by staff. Applicant's Sound Mitigation Measures Since February of this year, the applicant has been working with the City to permit and install additional sound buffering at the front of the building, as well a sound - buffered vestibule on the door at the rear of the property, as part of the sound damping measures recommended by its acoustical engineer, Gary Hardesty of Sound Media Fusion, LLC. On June 29, 2017, CID staff was present during sound testing of this newly installed structure. Live music, as well as recorded music, was utilized for the testing. CID staff determined that sound emanating from the structure continued to meet the standard as outlined in condition of approval no. 12. Determination It is the determination of Community Improvement Division that the Holiday venue was not in compliance during portions of the monitoring period as it relates to condition of approval no. 12. CID staff's intervention and the newly installed vestibule alleviated this concern in the interim. It is staff's opinion that the applicant should continue to seek further recommendations from its sound engineer on how to further prevent loud bass levels from emanating from the structure. This, coupled with on-site management best practices, should minimize future complaints. Additionally, given the sheer amount of Police Department calls for service and the verification of three of those complaints by CID staff, it is recommended that the City Council receive and file this report with the recommendation that CID staff reserve the right to call upon Mr. Hardesty and/or any other qualified acoustical engineer to conduct a sound study if a complaint is verified by the CID and/or by Police Department personnel. The cost of the sound study would be covered by the applicant. ENVIRONMENTAL REVIEW This matter 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. LEGAL REVIEW Legal review was not required by the City Attorney's Office. CONCLUSION Staff recommends that the City Council receive and file the report with the recommendation that CID staff reserve the right to call upon Mr. Hardesty and or any other qualified acoustical engineer to conduct a sound study if a complaint is verified by the CID and/or by police personnel. The cost of the sound study would be covered by the applicant. MEL LEE, AICP BARRY CURTIS, AICP Senior Planner Economic and Development Services Director ATTACHMENTS: 1. Location Map and Plans 2. Site Photos 3. City Council Resolution 4. Applicant's Follow -Up Letter and Attachments Dated July 5, 2017 5. January 3, 2017 City Council Staff Report and Attachments 6. Correspondence Received From Public from September 6, 2016, to January 3, 2017, in Reverse Chronological Order cc: Pacific Planning Group Inc. c/o Karen Martin 668 North Coast Highway #401 Laguna Beach, CA 92651 Holiday c/o Marty Kish 719 West 19th Street Costa Mesa, CA 92627 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 112-55 PM] [Scale- 234-08] [Page- 8-5x -I I / Laridscap6fl fOverview Map I ILegend I Address Map Display > - k. q - j •,'N' -ft,- lS ,9'l`—r. � I (C) 2002-5 GeoPrise.net (GeoVec, Inc.) - (866)422-2505 T YVINyr Lj--t I I W 19TH ST %-� —=—, I Smali RY Address Hydroia- Points 9V Channek Freeway Roads Street Namus a" Huavn yr. Street centerlin- iD S Map Display > - k. q - j •,'N' -ft,- lS ,9'l`—r. � I (C) 2002-5 GeoPrise.net (GeoVec, Inc.) - (866)422-2505 T YVINyr Lj--t I I W 19TH ST %-� —=—, I City of Costa Mesa CITY OF COSTA MESA - [Created: 5/19/2015 1:14:34 PM] [Scale: 234.071 [Page: 8.5 x 111 Landscape] Overview Map Legend Hydrolo- Water gy Ways Cha rine I - s Zoning Street � C Names cl „i Parcel C2 Lines ci. Aft 13 City Ak'.s Boundary MG MP (cont) Map Display W 187" ST CENTER ST (C) 20025 GeoPrise.net (OeoVec, Inc.) - (866)422-2505 PLUMER ST CENTER ST +�� # ; # ##* Ff�f ifs U14, f ♦♦ ♦# i �♦ t 4 422-272-12 422-271-15 422272-13 422271-17 -271-165 422-272-14 422-271-18 422-272-15 — 10 422 1-19 .0 t-17 422 272-16 422-271-24 42J'3712' 42 7 4 -271- 442-271 1 ` I_ YY 9 261-15 422242 a 422 242-4 422-262 26 422-261-29 (937-78458 to 63) 422-262-19 42? 261-17 422-24224 4-2-262-20 422-261-26 4_ 24223 422-261-19 422-262-24 - 422-222 422-261 422-2r 1-2 422-2f2.28 42� 2G? -22 1 �i 42� 242-21 4 282-$1 p� 022-261-21 - - - - 422-242-20 i ,-01 4 2D 424 �. 4242 1J-03 4)4-241 5 424-201-07 424-2D'2-01 424-202-03 424-202-03 0 4 4-201- 4-201 Subject Parcel 1 1-16 j` �;2'2 424-201-G9 47 - pa_i3 d?4-242- 1 a d?02-� . 4222t2-�4 42n2-L�d 5 4 4'?1- 3 4 1-z11-11 18 X20,4 4 202- 4202 9 4-202 ¢ i 4--01 42 - 12 4 4 4 201- 4 4201- L -- 31-i 6 f! 4 12 0 4 4 4-103 0�7 4420 T� I - -- k 4- 1 4�d-212-415 4 2,2 212 1203-12 3 -fir, 1 2p3�}g 3 4-203-10 424-204-p2 4$-1-204-04 4 4204- 6 4 204-08 204- 0 4r4 203 4 42 d 4-20403 4 204 0 ttyr St 424-171-14 424-173-09 424-171-01 4 4-173 2 4" 4-173-4k1 42 -173-0G 24-173-08 424-171-13 24.1 �1 4 17 3 4 17 4 417 7 42 241 3 4 4- 4214- - -10 O 424-171-1 0 r �- 424-171-02 424-171-11 424-24113 424-171-07 TT 1 1 ] 424-174-08 424-241 CENTER STREET 200 00' FTt ,0 4 2 f 2 I I yI o O�� H wLL Q Q I SMART &FINAL UO % ¢ z m a m v m HC DAY.. BA]# o c0 o 1,° 16v u BUI Dib G 2 w N797 7— } SMG 719 WEST 19th STREET COSTA MESA, CA. 92627 949.278.8728 0 10000' u I 1 F PARCEL t 1 f 1 1 I f I I I EL TORO X. BRAVO 1 1,600 SF $ I f I COSTA MESA MEDICL CLINIC 1,900 SF f� S I EVA 'S BEAUTY SALON I 600 SF I � . JEM 800 SF SIMPLY EI^ PREPAID 1 6005E TA 1} I 1 — 'ACAPULCO I 1,700 SF f :B I 1 PATIO DINING 1 3� J.J�I 1 5. Gil 01S 1Lt 200.DO - ------- - ----------------------------------------- 79th STREET __....... _ o .... SITE PLAN 719 WEST 19th STREET COSTA MESA, CA. 9j21627 11 10' 30' 0' 20' w w Q V Q v SITE SUMMARY LAND AREA PARCEL I 656 ACRES 28.588 SF - ARCCI 2 1-P4ACRES L4NDAREA '$RL f4�SF T&114iCIG'LSAXF I -P46 AURES GROSS BUILDING AREA BUILDING 1 6, 158 SF BUILDING 2 12,0885F ACAPULCO PARD DINING 514 SF K>asK lOOSF BUILDING COVERAGE 24.61 X STALL.5PROVIDED 107STALLS PARKING RATIO 5.13 STALLS/ 1000 to ARCHITECTURE PLANNING INTERIORS WILLIAM MASON ARCHITECT, INC. 3276 DAKOTA AVENUE COSTA MESA. CALIFORNIA 92626 0: 714,427-0680 M: 714.724.3990 BM W jIr_MasonArcN lecl. co 1503820 7,29,16 t 719 WEST 19th STREET COSTA MESA, CA. 92627 949.278.8728 719 WEST 19th STREET COSTA MESA, CA. 92627 —12- 0' IL— p' 2' 8' 51MwiIFamMosonArchilectcom 15 038 2D 7,29.16 SMGtlt)t-lt)AY 719 WEST 19th STREET COSTA MESA, CA. 92627 949.278.8728 UCUM "Y VVI NORTH / FRONT ELEVATION pl (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 (ROOF TOP UNIT) 17 POTENTIAL FUTURE RTU 16 (E) CANT 19 CRICKET 20 GUTTER EAST / SIDE ELEVATION 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. ELEVATIONS 1' 4 719 WEST 19th STREET u COSTA MESA, (;A.-9-2627 0' 2' -- I -�> - ARCHITECTURE PLANNING INTERIORS WILLIAM MASON ARCHITECT, INC. 3276 DAKOTA AVENUE COSTA MESA, CALIFORNIA 92626 0: 714,427,0688 M: 714 724 3990 811®W ifamMasanArchifectc= 15.038.20 7 29 16 .z.: �( •qtr; iR _-- arr''� `� ,For a -11-00 ........... Oft f mi, rp. } F T-1 41 EXTERIOR PHOTOS DATED 7/6/17 (NEW SOUNDPROOFING MATERIALS BEING INSTALLED AT THE FRONT OF THE BUILDING AND NEW VESTIBULE ON THE REAR DOOR AT THE REAR OF THE BUILDING). -20- —L —ic - —�i -rC r U ,r ti k-. i r�J ATTACHMENT 3 RESOLUTION NO. 17-03 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; original proposed hours for live entertainment were 5:00 p.m. to 2:00 a.m. Monday through Thursday and 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, which was continued to January 3, 2017. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, attached hereto an inculpated herein by this reference, 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, attached hereto an inculpated herein by this reference, as well as with compliance of all applicable federal, state, and local laws. Resolution No. 17-03 Page 1 of 10 -27-3- 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 3rd day of January, 2017. Katrink Foley,,Wyor ThoMas DuacK, Cltj Attorney ATTEST: Brenda Green, ity Clerk Resolution No. 17-03 Page 2 of 10 2-q STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 17-03 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 31d day of January, 2017, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Foley, Genis, Mansoor, and Stephens NOES: COUNCIL MEMBERS: Righeimer ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 4th day of January, 2017. 'hw&IBA' B NDA GREkN, CITY CLERK Resolution No. 17-03 Page 3 of 10 -2S- EXHIBIT A FINDINGS (APPROVAL) A. The proposed project complies with Title 13, Section 13-29(8)(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 ro erties 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 intensitZ which is not in accordance with the General Plan deli nation and anV applicable s ecific lan 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. Resolution No. 17-03 Page 4 of 10 -2L-- 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; 5:00 p.m. to 12:00 a.m. Sunday through Wednesday and 11:00 a.m. to 2:00 a.m. Thursday through Saturday. for live entertainment), shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to 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(o)]. 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. This approval is temporary and for a probationary period of six months. The City Council shall review the application within six months. The City Council may modify or revoke the planning application based on findings related to public nuisance and/or noncompliance with conditions of approval. The application may only become a permanent yearly renewal when the following conditions are met: a) 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. Resolution No. 17-03 Page 5 of 10 21- 4. All mitigation measures included in the December 3, 2016 noise analysis shall be implemented and tested/inspected by Gary Hardesty of Sound Media Fusion, LLC, and a copy of the results provided to the City in writing, prior to start of live music operation. 5. Prior to the commencement of live entertainment, the facility shall maintain an on-site sound monitoring device that will be calibrated with the sound equipment on regular basis. The range of allowable low frequency sounds shall be limited based on the current building's containment level, subject to preparation of an acoustical study conducted by an accredited sound engineer that will determine the level of low frequency sound that could be contained to a reasonable level and not transmitted outside the building. This study shall be required with any future modifications of the building. This information shall be updated on annual basis and with any change in the business ownership or operation. 6. The applicant shall provide the phone number of a direct contact for any noise complaints related to operation of the cocktail lounge. This information shall be updated on annual basis and with any change in the business ownership or operation. 7. 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, requiring additional noise studies, 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. 8. The rear doors shall remain closed during any performance of live entertainment, pre-recorded music, and dancing. 9. 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. 10. 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. 11. There shall be no room or designated area reserved for the exclusive use of designated persons or "private club members." 12. 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. Resolution No. 17-03 Page 6 of 10 -29.__ 13. There shall be no sales of alcoholic beverages for off-site consumption. 14. 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. 15. 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. 16. The parking loft shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 17. 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 area at the rear of the property. f) Parking spaces not reserved for valet parking shall remain open and unobstructed for customer self -parking. 18. 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. 19. 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 Resolution No. 17-03 Page 7 of 10 ZCA entering and leaving the premises. 20. 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. 21. 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. 22. 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. 23. The operator shall maintain free of litter all areas of the premises under which applicant has control. 24. 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. 25. 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 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 shalt indemnify City for all such costs incurred by City. 26. 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. Resolution No. 17-03 Page 8 of 10 ,3C)'- 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. Resolution No, 17-03 Page 9 of 10 —31— 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. Resolution No. 17-03 Page 10 of 10 -32- ATTACHMENT 4 Received 1 city of costa mesa Holiday Follow -Up Letter DeveloprrernServices Depaf4mwd July 18, Council Hearing Honorable Mayor Foley and Honorable City Council Members, JUL 0 b 204 On January 3`d, 2017 resolution 17-03 was passed and adopted. This resolution was regarding the approval of Planning Application PA -16-55 for live entertainment at Holiday (Formerly Lion's Den and Maison) at 719 West 19th St, Costa Mesa. The application was approved with 26 conditions of approval. This letter is submitted to demonstrate the adherence to the conditions of approval: Conditions of Approval 1) The use shall be limited to the type of operation as described in the staff report. Any change in the operation 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; 5:00 pm to 12 am Sunday through Wednesday and 11 am to 2 am Thursday through Saturday for live entertainment), shall require review by the Planning Division and ay require an amendment to the conditional use permit, subject to 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, Sections 13-29(0)]. a) Holiday agrees with the language of this condition and agrees to keep their use limited to the type of operation as described in the staff report. Holiday understands the consequences to nonconformance of this condition. 2) Entertainment shall include, but not be limited to, amplified live music, dancing, DJ, and open microphones. Any changc 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. a) Holiday agrees with the language of this condition and agrees to the definition of entertainment as defined in the condition. Holiday understands that any changes of operational characteristics shall require approval of an amendment. 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 apply for the Public Entertainment Permit to the Community Improvement/Code Enforcement Division. This approval is temporary and for a probationary period of six months. The City Council may modify or revoke the planning application based on findings related to public nuisance and/or noncompliance with conditions of approval. The application may only become a permanent yearly renewal when the following conditions are met: a) The applicant shall remit a noise study by an acoustical engineer which identifies the noise levels at the rear property line abutting the residential property. Noise monitoring shall occur for a four-hour period form 11: 00am to 2: 00 am 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 -5 Page 1 of 38 7/3/17 2 Holiday Follow -Up Letter July 18, Council Hearing 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 a) Exhibit I is a noise study conducted by Mr. Gary Hardesty of Sound Media Fusion, LLC to measure the noise levels at the rear property line abutting the residential property. The sound testing measurements were taken by Mr. Hardesty on Saturday, January 14, 2017. The Holiday Lounge Noise Study - 2 was prepared by Mr. Hardesty and submitted to Holiday on January 15, 2017 along with the Holiday Lounge Acoustic Improvement Recommendations - Phase Two Report. The Noise Study and Recommendations are attached as Exhibit I. Holiday has completed the sound mitigation improvements recommended by Mr. Hardesty. See Exhibits D, E, G and H. A follow-up sound test was conducted by Mr. Hardesty on June 29, 2017 and attached as Exhibit J. This report confirms that the completed improvements will insure that Holiday's operations will be in compliance with the City's Noise Ordinance. 4) All mitigation measures included in the December 9, 2016 noise analysis shall be implemented and tested/inspected by Gary Hardesty of Sound Media Fusion, LLC, and a copy of the results provided to the City in writing, prior to start of live music operation. a) In accordance with the Holiday Lounge Noise Study dated December 9, 2016 (Exhibit K), all mitigation measures were implemented and then tested by Gary Hardesty of Sound Media Fusion, LLC. Improvements to the rear doors were completed in accordance with the recommendations made by Gary Hardesty. See Exhibit F 5) Prior to the commencement of live entertainment, the facility shall maintain an on-site sound monitoring device that will be calibrated with the sound equipment on regular basis. The range of allowable low frequency sounds shall be limited based on the current building's containment level, subject to preparation of an acoustical study conducted by an accredited sound engineer that will determine the level of low frequency sound that could be contained to a reasonable level and not transmitted outside the building. This study shall be required with any future modifications of the building. This information shall be updated on annual basis and with any change in the business ownership and operation. a) The `Sound Ear' has been installed and is in operation for all events to help monitor the internal noise and provide an early warning if the noise is nearing a disallowed decibel range. Holiday agrees to update this information on an annual basis and with any change in the business ownership and operation. 6) The applicant shall provide the phone number of a direct contact for any noise complaints related to operation of the cocktail lounge. This information shall be updated on annual basis and with any change in the business ownership or operation. a) The applicant has provided the phone number for Marty Kish, (949) 438-3442. Holiday agrees to update the information on an annual basis and with any change in ownership. 3.A Page 2 of 38 7/3/17 3 Holiday Follow -Up Letter July 18, Council Hearing 7) 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, requiring additional noise studies, the lifting of the suspension, a change of status in the Public Entertainment Permit form a permanent to probationary status, and/or a recommendation for change/revocation to the conditional use permit. a) Holiday understands and agrees to the terms of this condition. Holiday has worked hard over the past 9 months to make sure no violations of the noise ordinance have occurred. 8) The rear doors shall remain close during any performance of live entertainment, pre-recorded music, and dancing. a) Holiday understands and agrees to the terms of this condition. The rear doors shall remain closed during any performance of live entertainment, pre-recorded music, and dancing. 9) The conditions of approval and ordinance or code provision of planning applications PA -16- 55 shall be blueprinted on the face of the site plan as part of the plan check submittal package. a) The conditions have been blueprinted on the face of the site plan as part of the plan check submittal package. 10) The maximum occupancy, as determined by provisions of the public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. a) The maximum occupancy has been posted in public view, see Exhibit A. Management has been controlling the occupancy and has monitored all events to insure that the maximum occupancy levels have not been exceeded. 11) There shall be no room designated or reserved for the exclusive use of designated persons or "private club members." a) No room is designated or reserved for the exclusive use of designated persons or "private club members." 12) 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. a) Holiday has managed the venue in a manner that allows for the quiet enjoyment of the surrounding neighborhood and will continue to do so. Holiday has gone through an extensive process to negate any outside sound related to the live music and entertainment they are providing. 13) There shall be no sales of alcoholic beverages for off-site consumption. a) No alcoholic beverages for off-site consumption will be sold. �S Page 3 of 38 7/3/17 4 Holiday Follow -Up Letter July 18, Council Hearing 14) 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. a) All sales and service staff at Holiday have completed Responsible Beverage Service (RBS) training. As shown on Exhibit B, we have provided a copy of the Bar Manager's Licensee Education on Alcohol and Drugs. 15) 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. a) Holiday agrees to this condition has will have only employee parking in the rear and patron parking limited to the front parking area only. 16) The parking lot shall be posted with signs directing customers to use consideration when entering their cars and leaving the parking lot. a) Exhibit C shows the original sign that was posted on premises as well as the new, larger sign reminding customers to be considerate to the local neighbors. 17) 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 parking shall not occur within the parking area at the rear of the property. F- Parking spaces not reserved for valet parking shall remain open and unobstructed for customer self -parking. a) Holiday agrees to all conditions regarding valet services. If Holiday decides to utilize valet parking they will get a plan approved by the Transportation Services Division. 18) An adequate number of security personnel, as determined by the Police Department Crime Prevention Bureau and/or the Development Service 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. a) Holiday has contracted with 5 Diamond Security to meet this condition after the adequate number of security personnel was provided to Holiday by the Costa Mesa Police Department. Page 4 of 38 7/3/17 5 Holiday Follow -Up Letter July 18, Council Hearing 19) 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. a) Adequate lighting has been provided throughout the parking lot and Holiday has continued to monitor the area to prevent trash, graffiti and littering. All lighting is positioned in a way to not add undue light pollution to neighboring residential areas. 20) 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. a) Approval was received by the Costa Mesa Building and Safety Department. 21) 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. a) Holiday is a tenant and parking lot area is maintained by the Landlord. To the extent possible Holiday supports this condition. 22) 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. a) Holiday is a tenant and parking lot area is maintained by the Landlord. To the extent possible Holiday supports this condition. 23) The operator shall maintain free of litter all areas of the premises under which applicant has control. a) Holiday has been, and will continue to keep the area free of litter under the areas which the business has control over. 24) 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. a) A copy of the conditions of approval is kept on the premises and can be provided to any authorized City Official upon request. This will be transferred to any new business or property owner. 25) The applicant shall defend, indemnify and hold harmless to 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, tis elected and appointed officials, agents, officers, or employees arising out of, or which are in any way related to, the applicant's Page 5 of 38 7/3/17 6 Holiday Follow -Up Letter July 18, Council Hearing project, or any approvals granted by City related to the applicant's project. The indemnification shall include, but no be limited to, damages, fee and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in 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 indemnified provisions set forth in this section. City shall have the right to choose its own legal counsel to present the City's interests, applicant shall indemnify City for all such costs incurred by the City. a) Holiday agrees to this condition. 26) 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. a) Holiday will continue to follow the Federal, State, Costa Mesa Municipal Code requirements. —3s— Page 3s— Page 6 of 38 7/3/17 � ���. y,�F Holiday Follow -Up Letter July 18, Council Hearing EXHIBIT B — Bar Tender License O— Page 8 of 38 7/3/17 1 Mike Alexander Kinsella 1 ame Has Attended and Completed the Department of Alcoholic Beverage Control's Licensee Education on Alcohol and Drugs Alcohol Seller/Server Training Program SALADEN DANA September 07, 2016 Trabier Date of Traiijbig O— Page 8 of 38 7/3/17 9 Holiday Follow -Up Letter July 18, Council Hearing EXHIBIT C- Signs Requesting Consideration for Neighbors PLEASE BE RESPECTFUL OF OUR NEIGHBORS AND KEEP YOUR VOICES TO A MINIMUM. PLEASE BE RESPECTUFUL OF OUR NEIGHBORS AND KEEP YOUR VOICES AND SOUNDS TO A MINIMUM WHEN LEAVING OUR VENUE. THANK YOU! ­11- Page .11- Page 9 of 38 7/3/17 10 Holiday Follow -Up Letter - July 18, Council Hearing I.XHIS[T D- Photos of On -Site Improvements M �IIIVWIV\."N Y im 7/3/17 12 Holiday Follow -Up Letter July 18, Council Hearing EXHIBIT E — Green Glue -- 121111 - - - 1lej mmIll I Rill pwin- a �i w Type FITC Reference assembl 43 Green Glue 54 Nerd surfaces lite hardwood and file Citron result In arcaashrs no/sa from hsotatapa and ofher impacfs on fife tfioor. This nam rest shows how e/11ecfiN Green Glue can be of reduc/np those- Even with fie hander fila surfaca, results are substandally batter. L*,— 7 Rateronco Organ Glue ur LA' F4yr..Oa ��6.s.a. Oibw•'� _ _ ya^ ►ry •.w.� Type FITC Reference assembl 43 Green Glue 54 Nerd surfaces lite hardwood and file Citron result In arcaashrs no/sa from hsotatapa and ofher impacfs on fife tfioor. This nam rest shows how e/11ecfiN Green Glue can be of reduc/np those- Even with fie hander fila surfaca, results are substandally batter. L*,— 7 Rateronco Organ Glue ur LA' F4yr..Oa ��6.s.a. Oibw•'� _ _ ya^ ►ry •.w.� :' ©, ."' "• ''`Page 12 of 38 7/3/17 Impact r,04" can travel through the air cavity and through the cuing below 13 Holiday Follow -Up Letter July 18, Council Hearing EXHIBIT F- Acoustic Blankets MW Indoor Noise Problems ANC-AB12 Barrier Septum Composite A non-minforcad loaded vinyl noise ba"Far sandwiched between two layers of quilted fiberglass. Use for sound absorption on hath sides of product, or as a decoupled ! barriar 1 absorber acouxtical liner. C: '.-Available in roll form with either bound edges or unbound edges r Available as modular panels with grommets and Velcro. ,-Acoustical jackets, die -cut pieces, custom fabrications STC -29 :-NRC- .85 —,4S— Page ,4S— Page 13 of 38 7/3/17 14 Holiday Follow -Up Letter July 18, Council Hearing EXHIBIT G – Mass Loaded Vinyl Transmission Loss Mass Loaded Vinyl 45 40 35 30 25 20 [F9 10 t– — 2 b Soundproof Barrier — 1 Ib Soundproof Barrier Frequency (Hz) Fnquemy 100 125 180 200 250 316 400 500 630 800 1000 1250 1600 2000 2500 3150 4000 5000 STC 2 rd per aq 1t 18 19 1 18 19 19 23 1 26 1 27 1 28 1 32 1 34 1 35 1 37 1 38 1 40 1 42 1 43 43 32 1 ro paragit 13 14 1 13 14 14 18 1 22 1 23 t 24 1 27 1 29 1 29 I 33 I 34 I 36 1 36 1 37 1 37 1 27 -Ato Page 14 of 38 7/3/17 15 Holiday Follow -Up Letter July 18, Council Hearing EXHIBIT H — R19 & R21 Insulation Product Overview Owens Corning EcoTDUch Insulation is soft to the -touch, easy to cut and install. It delivers comfort - helping homes stay cooler in the summer and warmer in the winter to reduce energy costs. The R21 Kraft Faced Batts Insulation has pre-cut widths to fit between the studs and joists in your home. It offers exceptional thermal and sound control performance. • Dimensions: 5-1/2 in. x 15 in. x 93 in., 7 pieces (67.81 sq. ft./bag) ■ 10 Bags/pallet = 70 pieces/678.10 sq. ft. • Application: 2x6 walls (interior/exterior), floors • 5-1/2 in, R21 high-density insulation delivers 1 ", more R -value than 6-1/4 in. R19 insulation in a 2x6 wall • Completely fills the cavity, eliminating gaps and the need for additional handwork • Provides thermal performance and helps lower monthly heating/cooling costs • EcoTouch Insulation helps control sound; add to bedrooms, home office, family room, utility room, kitchen and bathroom —,19— Page —,1 I— Page 15 of 36 7/3/17 SNF4 GLOBAL EVENT TECHNOLOGY, NOISE MITIGATION and MANGEMENT Sound Media Fusion, LLC. Van Nuys, California, USA Audiomicro42 mail.com (1) 818-482-0193 Gary Hardesty January 15, 2017 Holiday Lounge Noise Study- 2 Prepared for: Holiday Lounge 719 West 19th Street Costa Mesa, CA 92677 19 -- Page 16 of 38 7/3/17 17 In the previous noise study of the Holiday Lounge (dated December 9, 2016), SMF recommended acoustic improvements to the two rear doors in order to help mitigate the sound emanating from the `leaky' doors. Also, as SMF discussed during the January 3, 2017 City Council meeting: 1) SMF would visit the Lounge to confirm the acoustic door treatment. 2) In conjunction, we would make more measurements and calibrate the sound system, as well as adjust the low frequency energy to make it largely inaudible outdoors, using a live band and a DJ. On the evening of Saturday, January 14, at the invitation of Marty Kish, SMF visited the Holiday Lounge, in orderto: 1) Test the effectiveness of the rear doors acoustic treatments; 2) Perform extensive testing; using the live band, in order to determine what, if any, sound is getting out of the building and into the housing areas. We performed this series of tests by having the band play various instruments, at full show volume, in order to analyze and isolate specific sounds/noise that may escape the building. Specifically: 1) First test was with the rock and roll drum kit, played at a high acoustic volume. This was useful in order to determine if any sound was `leaking' from the building, based on the broad frequency response of a full drum kit (from extreme low frequency of the `kick' drum, to the midrange energy of the snare drum, to the high frequency energy of the cymbals). 2) The second test was with the electronically amplified bass guitar; 3) Third was the combination of the drums and the bass guitar; 4) Fourth was the two electric guitars, as played at high volume through on-stage guitar amplifiers; 5) Fifth were the vocals, as played through the Lounge sound system; 6) Finally, the sixth test was with the full band. At the rear property line, the very small amount of noise from the Lounge was buried well below local ambient noise, rendering Lounge noise inaudible in this location. Close to the rear of the building (10 feet away), the noise could be very slightly heard and contained no low frequency energy. r Aq _ 2 Page 17 of 38 7/3/17 18 Using the live band, we made adjustments to the Lounge sound system to: 1) Improve the quality of sound in the Lounge; 2) Smooth out the low frequency portion of the spectrum, as well as limit the amount of extreme low frequency the system can reproduce. 3) These two items improved sound quality in the Lounge and further reduced the very small amount of noise getting out of the Lounge. Following the testing with the live band, we continued our testing using the DJ. We set a maximum allowable level and further adjusted the sub -woofer (low frequency) speaker system in order to further reduce any sound leaving the Lounge. Listening and measuring at the rear property line documented the success of our work: no sound was heard from the Lounge. In our December, 2016 testing, a small amount of sound was heard at the rear property line. Following our work and testing on this January 14 evening, the small amount of remnant sound at the rear property line is nearly completely inaudible and is well below local ambient sound. Most importantly- there is no low frequency sound at all. We are continuing to work with the Lounge to eliminate any possibility of sound escaping the Lounge. When we discuss noise, we typically refer to non -coherent noise (sound of traffic, sound of the ocean) and coherent noise (music, human speech, and impact and impulse noise). Measuring noise and analyzing noise is a complex and easily misunderstood science. Before we discuss the details of our findings, let's make sure we are on the same page and have a mutual understanding of noise and noise study. The `A' in dBA, as explained later on in this report, refers simply to the frequency response weighting used by the meter. The `Leq' is the time based averaging function. However, you can think of it as a type of average, where noisy events have a significant influence. Such measurements are designated, for example, as 46.3 dBA Leq or 46.3 LAeq. LAeq is the main unit used for assessing Occupational Noise. Thus, Leq is a decibel averaging system, whose purpose is to average the noise over a pre -determined period of time. An important feature of LAeq's, is that a large number of quiet events can produce the same period LAeq as a few (possible one single) very loud event(s); therefore any limit set in terms of LAeq considers the two conditions as being equivalent. Environmental noise readings, are therefore complex and easily misunderstood and do not easily take into account potentially disturbing sounds such as impulse sounds. 3 Page 18 of 38 7/3/17 19 In the case of Costa Mesa, the ordinance states (in basic terms) that the daytime noise shall be no more than 55 dBA (Leq) over several defined periods of time. When a noise doesn't yet exist, or it is planned to alter an existing noise climate, the ability to calculate the future (or even existing) noise level can be vital. Noise calculations are complex and have many traps for the unwary. There are many factors which affect the level of noise which reaches a disturbing level any given point, but the most important, over which there is generally some control are: We used a logging type sound level meter, which has the capability to record many different types of readings, with different weightings, simultaneously, along with recording the actual audio. This allows deep study of the results. It is important to note that the n:easurement.r stern is recording all noise, which includes the bar noise, as well as ambient traffic and other random noises- the measurement system cannot easily distinguish between types of noise. The audio recording is highly useful to aid in determining what type of noise the meter is registering. 4 Page 19 of 38 7/3/17 20 The chart below shows various noise measurements over time under the conditions as noted above: The first report is from the area behind the lounge, at the rear fence (property line separating lounge from rear of homes), near the Smart and Final fence, with the full band playing: # Hardware Configuration Device Info: Mic Type: Mic Sensitivity: # Measurement Setup Profile: Append mode: Timer mode: Timer set: k1: k2: kset Date: Range: # Broadband Results XL2, SNo. A2A-09534-E0, FW3.03 NTi Audio M4260, SNo. 5542, Factory adjusted 30.1 mV/Pa Full mode OFF single 0:30:00 0.0 dB 0.0 dB k -Values not measured 20-120 dB Start Stop Date Time Date Time LAeg1' LAeg5' LAeg10' [YYYY-MM-DD] [hh:mm:ss] [YYYY-MM-DD] [hh:mm:ss] [dB] [dB] [dB] 1/14/2017 19:44:50 1/14/2017 19:59:10 62.4 58.9 63.2 The data and audio were recorded over a 15 minute period. The data reflects the average level of ambient noise (Smart and Final noise, traffic noise, airplane noise, etc.), NOT the Lounge sound, as the Lounge was producing no audible noise at this location. -52-- 5 Page 20 of 38 7/3/17 21 The data log below is with the DJ playing, and again, as above, is measured at the rear property line, and also, as above, reflects the ambient noise and contains no Lounge noise as there was no audible sound emanating from the Lounge at this location: # Hardware Configuration Device Info: Mic Type: Mic Sensitivity: # Measurement Setup Profile: Append mode: Timer mode: Timer set: k1: k2: kset Date: Range: # Broadband Results XL2, SNo. A2A-09534-E0, FW3.03 NTi Audio M4260, SNo. 5542, Factory adjusted 30.1 mV/Pa Full mode OFF single 0:30:00 0.0 dB 0.0 dI3 k -Values not measured 20-120 dB Start Stop Date Time Date Time LAeg1' LAeg5' LAeg10' [YYYY-M M- [YYYY-MM-DD] [hh:mm:ss] DD] [hh:mm:ss] [dB] [dB] [dB] 1/14/2017 22:16:32 1/14/2017 22:31:24 64.3 57.2 60.1 6 Page 21 of 38 7/3/17 22 SLIMIllary: The sound level outside the Lounge has been dramatically improved as a result of the SMF recommended acoustic door treatments and our testing and adjustments on this evening. The Lounge noise can't be measured as it is below the ambient local noise. The noise at the rear property line was inaudible from the Lounge. These improvements are significant and were measured and listened to with a live band and a DJ, both of which were operating at a slightly louder than normal level in order to further qualify our tests and adjustments on this night. We have recommended a couple of simple improvements which will further guarantee that no sound is heard from the Lounge rear and front (even though the levels outside the Lounge are inaudible, our further simple recommendations will guarantee the situation further). Gary Hardesty Director Sound Media Fusion, LLC. END of report � — Page 22 of 38 7/3/17 SNFS GLOBAL EVENT TECHNOLOGY, NOISE MITIGATION and MANGEMENT Sound Media Fusion, LLC. Van Nuys, California, USA Audiomicro42 mail.com (1) 818-482-0193 Gary Hardesty January 15, 2017 Holiday Lounge Acoustic Improvement Recommendations- Phase Two Prepared for: Holiday Lounge 719 West 19th Street Costa Mesa, CA 92677 Page 23 of 38 7/3/17 24 On our January 14, 2017 testing we have noted the opportunity for several acoustic improvements which will: 1) Further reduce any sound leakage outside the venue. 2) Improve the sound inside the venue. Improvements: 1) The rear door acoustic treatment needs to be on the inside of the doors, with the softer face (absorption face) facing the venue interior. 2) Further seal the left rear door at the top to eliminate sound leakage. 3) Construct a small vestibule on the exterior of the left door to further reduce any noise emanating from the door, to consist of. a. A fully sealed area, including walls and ceiling, along with an additional heavy and well sealed door. b. Use studs and plywood inside/outside with Fiberglas insulation in between (allow enough space so the Fiberglas in not compacted at all). c. Use Green Glue acoustic glue to isolate all conjoined surfaces, insuring that building vibrations art not transferred to the new structure. Use this Fiberglas (available at Home Depot): Owens Corning R-19 Kraft Faced Insulation Continuous Roll 15 in. x 39.2 ft. Model# R1740, or thicker if possible. 4) Treat the walls and ceiling of the stage house with the same Fiberglas, as above. The Kraft paper side is to face the walls, with the Fiberglas side facing out. Cover the Fiberglas with burlap or other very open weave fabric, in order to make sure the Fiberglas `sees' the room and does not produce irritating Fiberglas `dust' into the room. 5) Treat random ceiling surfaces with the same method as above to help reduce venue reflections- to improve sound quality. 6) Improve the front outside walls as discussed, using the same Fiberglas as above, with Green Glue to isolate the structures- use drywall (acoustic wall board, etc.) as applicable in the construction. 7) Fill in the open vent discovered with Fiberglas and plywood. Gary Hardesty Director Sound Media Fusion, LLC. 2 Page 24 of 38 7/3/17 07 END of report Page 25 of 38 7/3/17 26 Exhibit J Sound Media Fusion, I.I.C. Gary Hardesty July 2, 2017 Holiday Lounge Sound Mitigation Update -5$ Page 26 of 38 7/3/17 27 This brief serves to update progress by the Holiday Lounge regarding requested acoustic improvements to further mitigate sound outside of the venue. Past reports by Sound Media Fusion have served to discuss the levels we have monitored inside and outside of the venue, primarily at the rear of the property, but inclusive of the sides and front, although to a somewhat lesser degree of concern. We have requested several acoustic improvements, based on designs we submitted to the venue, to further mitigate the sound leakage we discovered at the rear of the venue. We visited the venue on June 29, 2017 in order to review the current status. The Holiday provided us with a live band and a DJ for our tests. We allowed the sound levels inside the venue to be significantly higher than normal in order to test for leakage in a worst case scenario. One of the requested improvements was to add a vestibule to the rear door nearest the stage in order to provide more of a 'sound lock' to reduce leakage. This work has been completed by the venue. We tested the effectiveness of the design and work and found that the added vestibule greatly reduces sound leakage at the rear of the venue. Listening and measurements confirmed that the levels at the rear property line were some 5 dB better than previously measured results. In layman's terms- this reduction results in sound leakage having been reduced to nearly complete inaudibility, at normal sound levels in the venue, as monitored at the rear property line. Other requested improvements included the font wall of the venue. We requested significant and specific acoustic changes to the structure, in order to help reduce sound leaks at the front of the venue (even though any such leakages were buried in local ambient noise). The improvements have been successfully made and the end result is a 100% improvement in sound leaks at the front, reducing all such venue noise to an inaudible level, even while standing very close to the front wall. Other improvements have been made as requested and will not be detailed herein. All requested improvements have been made, and the sum of all improvements has resulted in significant improvements and have decreased audible sound leaks to very near inaudible levels, even when the venue is operating at higher than normal levels. Any small amount of audible noise outside the venue is buried in local ambient noise and is non - disturbing in nature. -`)(I Page 27 of 38 7/3/17 28 No noise was audible on adjacent streets. The improvements are significant and, as stated herein, have resulted in a reduction in outside noise to very nearly inaudible levels. We will return to the venue in order to do a final calibration of the noise monitoring device in the venue and to do a final adjustment of the sound system itself, during one of their live music shows. The venue remains very cooperative and has a keen interest in keeping noise under control. We are very impressed with the effort and all the work the venue has undertaken. Gary Hardesty Sound Media Fusion, LLC. 60 - Page 28 of 38 7/3/17 At GLOBAL EVENT TECHNOLOGY, NOISE MITIGATION and MANGEMENT Sound Media Fusion, LLC. Van Nuys, California, USA Audiom icro42(ac mail.com (1) 818-482-0193 Gary Hardesty December 9, 2016 Holiday Lounge Noise Study Prepared for: Holiday Lounge 719 West 19th Street Costa Mesa, CA 92677 Page 29 of 38 7/3/17 30 On the evening of Saturday, December 3, 2016, at the invitation of Marty Kish, SMF visited the Holiday Lounge, in order to: 1) Measure and understand the noise the bar creates; 2) Determine approximate levels at the homes in the area; 3) Investigate the possibility of noise mitigation. When we discuss noise, we typically refer to non -coherent noise (sound of traffic, sound of the ocean) and coherent noise (music, human speech, and impact and impulse noise). Measuring noise and analyzing noise is a complex and easily misunderstood science. Before we discuss the details of our findings, let's make sure we are on the same page and have a mutual understanding of noise and noise study. Noise is generally defined as unwanted sound. What is sound? Sound is a series of vibrations in air (or water or metal and so on) which causes pressure changes in the ear; these pressure changes can vibrate the inner workings of the ear very fast (heard as a high tone) or slowly (a low tone) or somewhere in the middle, and we hear these pressure changes as sound. So, if sound is just air pressure, why isn't it measured in the same way that the weather men measure air pressure, in nice easy units like millibars, or atmospheres? Unfortunately human ears/brains don't respond like barometers. A barometer can detect a one millibar change easily, no matter whether pressure is low or high. On the other hand, human ears can detect small changes in pressure only when the level of sound is low; when the level of sound is high, a very large change in pressure is needed before we notice the change. This is very different to normal ways of measuring pressure; generally speaking the sound pressure needs to be doubled before we notice the change, and increased by a factor of 10 before we think it has doubled. This is why decibels (dB) are used because they respond in a similar fashion to the way the human ear hears the sound. `0' dB has been designated as the threshold of human hearing. On this basis 140 dB is a very loud explosion and some deafness is almost certain to be instantaneously caused. A 3 dB increase/decrease in the level of noise is a doubling/halving of the sound pressure level (or in the energy contained), but we would only just notice this increase; whereas if we actually perceived a doubling or halving, the noise level would have changed by 10 dB. A further complication is that human ears do not respond very well to high tones (frequencies) or low tones (frequencies). Not surprisingly ears respond best at the same frequencies as human voices- in the middle of the frequency spectrum. Therefore sound measurements are weighted to respond in the same way; this is known as "A" weighting and the most commonly used units are hence dBA, which can also be written as dB(A). dBA readings produce results in which the low frequencies and higher frequencies are greatly attenuated. 2 Page 30 of 38 7/3/17 (Q - 31 There are other weightings; the most commonly used are dBC, in which the low and high frequencies are less attenuated, or, flat readings in which all frequencies are measured with no attenuation in the measurement readings. A further complication, is that the response time of the meter (how quickly the "needle" is allowed to rise and fall), will affect what the meter reads for any given noise. Although the more steady the noise, the less important the response time is. The sound measuring system can be set to one of several time weightings; 'Peak', 'Impulse', 'Fast', and 'Slow'. Broadly speaking 'Peak' produces the highest readings then'Impulse', 'Fast' and'Slow'. 'Fast' is the most common setting for readings. The next problem in trying to represent the vagaries of human hearing in a scientific unit is that virtually all sounds vary from moment to moment, and how we respond to a noise depends on how it changes. When dealing with a new or proposed noise LAeq is often used (also written dBA Leq); this term is the Equivalent Continuous Level. The formal definition is "when a noise varies over time, the Leq is the equivalent continuous sound which would contain the same sound energy as the time varying sound". The `A' in dBA, as explained later on in this report, refers simply to the frequency response weighting used by the meter, The `Leq' is the time based averaging function. However, you can think of it as a type of average, where noisy events have a significant influence. Such measurements are designated, for example, as 46.3 dBA Leq or 46.3 LAeq. LAeq is the main unit used for assessing Occupational Noise. Thus, Leq is a decibel averaging system, whose purpose is to average the noise over a pre -determined period of time. An important feature of LAeq's, is that a large number of quiet events can produce the same period LAeq as a few (possible one single) very loud event(s); therefore any limit set in terms of LAeq considers the two conditions as being equivalent. Environmental noise readings, are therefore complex and easily misunderstood and do not easily take into account potentially disturbing sounds such as impulse sounds. In the case of Costa Mesa, the ordinance states (in basic terms) that the daytime noise shall be no more than 55 dBA (Leq) over several defined periods of time. When a noise doesn't yet exist, or it is planned to alter an existing noise climate, the ability to calculate the future (or even existing) noise level can be vital. Noise calculations are complex and have many traps for the unwary. There are many factors which affect the level of noise which reaches a disturbing level any given point, but the most important, over which there is generally some control are: 3 Page 31 of 38 7/3/17 — '� 32 Distance For most sources a doubling of the distance results in a 6 dBA reduction in level; conversely halving the distance, produces a 6 dBA increase. For example if you are 5 feet from a noise source, then moving another 5 feet away should make a large difference to the measured noise level; conversely if you are 500 feet away from the noise source, then a 5 foot change in distance will make little difference. The main exceptions to this rule are either when.you are proportionally close to a large noise source and the drop off in noise will be significantly less than 6 dBA per doubling of distance, or for a line source (e.g. road traffic) where the drop-off is only 3 dBA per doubling of distance. Low frequency noise has a long wavelength and therefore is much more difficult to control. It is also not absorbed the same way as mid and high frequency noise, so, it has the `appearance' of not following the `normal' attenuation over distance. Bnrriers For a barrier to be effective it has to cut the line of sight between the noise source and the reception point, and, it has to be very close to either the source or receiver. You should also bear in mind that the noise has got to be "forced over the top", i.e. lightweight barriers, or ones with holes in, permit noise to pass through the barrier and are unlikely to be effective; for example domestic fencing simply isn't heavy enough, and has too many gaps and cracks to be an efficient noise barrier; by contrast specialist acoustic fencing and brick and masonry walls are heavy enough. Reflecting Surfaces Hard reflecting surfaces close to either source or reception point can increase noise levels by up to 3 dBA (each). Essentially there are two equal noises which add together; they are the noise which travelled directly and the noise reflected from the hard surface. Sometimes noise barriers can reflect sound off in unexpected and unwanted directions. Soft Ground Attenuation When sound passes close to absorbing ground cover such as grassland, gardens, fields etc., this "soft ground" absorbs extra sound as it passes. Examples of "hard ground" where little or no absorption occurs are asphalt or concrete paving. During our visits to the existing Holiday Lounge and the area of the homes, we measured and recorded the noise for post -analysis in our laboratory in Van Nuys. 4 Page 32 of 38 7/3/17 33 At the Holiday Lounge, we quickly noted the following: 1) I asked that the interior level be set to a level somewhat higher than normal, in order to understand how much noise might escape the bar and to what degree it could be controlled by decreasing levels. 2) The music on our test night was a single performer live artist, followed by a DJ. 3) The lounge had done some work at the back of the building to mitigate the noise. It was noted that some noise was getting out through the building front (not significant given the surrounding area ambient noise). And more noise (low frequency) was getting out through two rear doors. 4) The lounge had installed a noise monitoring device in the interior, however, the device is measuring `A - weighted' and therefore not measuring the low frequency noise, which is the noise component that is getting out of the bar, to a large extent. I am not sure of the device can perform a `Z', or flat weighted reading. If it cannot, it needs to be changed to a device that can. We used a logging type sound level meter, which has the capability to record many different types of readings, with different weightings, simultaneously, along with recording the actual audio. This allows deep study of the results. It is important to note that the is recording all anise, which includes the bar noise, as well as ambient traffic and other random noises- the measurement system cannot easily distinguish between types of noise. The audio recording is highly useful to aid in determining what type of noise the meter is registering. 5 Page 33 of 38 7/3/17 34 The chart below shows various noise measurements over time under the conditions as noted above: The first report is from the area behind the lounge, at the rear fence (property line separating lounge from rear of homes), near the Smart and Final fence: # Hardware Configuration Device Info: XL2, SNo. A2A-09534-E0, FW3.03 Mic Type: NTi Audio M4260, SNo. 5542, Factory adjusted Mic Sensitivity: 30.1 mV/Pa # Measurement Setup 2016-12-03, 22:38:34 Profile: Full mode Timer mode: single Timer set: 0:30:00 Log -Interval: 0:05:00 k1: 0.0 dB k2: 0.0 dB kset Date: k -Values not measured Range: 20 - 120 dB Time Start: 2016-12-03, 22:38:34 End: 2016-12-03, 22:53:41 # Broadband LOG Results Date Time Timer LAeg1' LAegS' LAeg10' LAeg15' LASmax_dt LZSmax_dt [YYYY-MM-DD] [hh:mm:ss] [hh:mm:ss] [dB] [dB] [d6] [dB] [dB] [dB] 12/3/2016 22:43:34 0:25:00 53.5 53.9 53.9 53.9 64.2 78,8 12/3/2016 22:48:34 0:20:00 56.4 58.9 57.1 57.1 75.8 81.8 12/3/2016 22:53:34 0:15:00 53.9 55.3 57.4 56.6 67.4 77.5 12/3/2016 22:53:41 0:14:53 55.1 55.5 57.5 56.6 62.6 75 # Broadband LOG Results over whole log period 12/3/2016 22:53:41 0:14:53 55.1 55.5 57.5 56.6 75.8 81.8 The data and audio were recorded over a 15 minute period and you can see the individual results, recorded every 5 minutes and the total results at the bottom. We recorded several types of data: 1) The LAeq (time) data is the averaged data at various time intervals, for indication of basic codes compliance, using the `A" weighting, which is significantly decreasing any low frequency noise present. At 15 minutes note that we recorded a summed level of 56.6 dBA. This roughly correlates to the allowed level of 55 dBA. The LASmax data is the `A' weighted data recorded as a maximum measured within the respective time window. 2) The LZSmax data is important as it uses no frequency weighing and is thus indicative of the peak (or maximum) total energy recorded at a particular time- it includes the low frequency data that the `A' -type reading is rolling off. 6 Page 34 of 38 7/3/17 -'� 35 It indicates an averaged reading of 81.8 dBZ. This type of measurement is not required for code compliance, but does indicate a cumulative noise level that is somewhat above readings we might expect in such a condition. It should be noted that during the recording of this 15 minutes worth of data, lounge noise -low frequency- content was heard and measured, as well as a sports car running nearby and playing loud music, plus all the local ambient noise (Smart and Final trucks unloading, traffic noise, etc.). Considerable non -bar noise exists in this area. Once the sports car moved to a location further away, the measured level dropped, leaving the lounge low frequency noise. It was determined that the audible lounge low frequency noise heard near the property line at the rear was emanating from the two rear doors. — 0- 7 Page 35 of 38 7/3/17 36 The chart below show noise as measure by frequency band, in order to show level VS. Frequency, to get an idea as to what kind of noise we were measuring (IE: low frequency, etc.): # Hardware Configuration XL2, SNo. A2A-09534-E0, Device Info: FW3.03 Mic Type: NTi Audio M4260, SNo. 5542, Factory adjusted Mic 30.1 Sensitivity: mV/Pa # Measurement Setup Profile: Timer mode: Timer set: Log -Interval: Resolution: Range: Time Start: End: Full mode single 0:30:00 0:05:00 1/3 Octave 20-120 dB 2016-12-03, 22:38:34 2016-12-03, 22:53:41 # RTA LOG Results LZeq_dt # RTA LOG Results LZeq over the whole log period 63 80 100 125 160 200 250 315 400 500 630 800 [dB] [d6] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] 67 67 59.9 57 55 51 52 48 45 44 44 44 69 66 64 61 62 57 55 56 52 51 49 49 67 67 60.9 58 56 53 51 51 52 45 45 45 70 59 63.8 61 58 55 54 54 50 54 52 48 12/3/2016 22:53:41 0:14:53 67 68 67 62 59 59 54 53 52 51 48 47 46 Frequency is on the X scale (left to right), and level is on the Y scaled (top to bottom). The meter was measuring all noise with no weighting (Z scale). Note that from the frequency bands of 50 Hz to 160 Hz, we see fairly high levels, averaged from 67 dBZ to 59 dBZ. This is indicative of the low frequency noise we could hear. Starting around the 200 Hz measurement, the levels are dropping, as the frequency is increasing, indicating that the building is blocking the upper bass and mid/high frequencies fairly well. We recorded all the way to 20 KHz (the upper range of potential human hearing) and did not display the data herein as it simply follows the rapidly decreasing level trend seen above. And, again, this is indicative of all ambient noise during the measurement window. _, / 8 Page 36 of 38 7/3/17 Band Date Time Timer [Hz] 50 [WW -MM - DD] [hh:mm:ss] [hh:mm:ss] [dB] 12/3/2016 22:43:34 0:25:00 66 12/3/2016 22:48:34 0:20:00 68 12/3/2016 22:53:34 0:15:00 67 12/3/2016 22:53:41 0:14:53 69 # RTA LOG Results LZeq over the whole log period 63 80 100 125 160 200 250 315 400 500 630 800 [dB] [d6] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] 67 67 59.9 57 55 51 52 48 45 44 44 44 69 66 64 61 62 57 55 56 52 51 49 49 67 67 60.9 58 56 53 51 51 52 45 45 45 70 59 63.8 61 58 55 54 54 50 54 52 48 12/3/2016 22:53:41 0:14:53 67 68 67 62 59 59 54 53 52 51 48 47 46 Frequency is on the X scale (left to right), and level is on the Y scaled (top to bottom). The meter was measuring all noise with no weighting (Z scale). Note that from the frequency bands of 50 Hz to 160 Hz, we see fairly high levels, averaged from 67 dBZ to 59 dBZ. This is indicative of the low frequency noise we could hear. Starting around the 200 Hz measurement, the levels are dropping, as the frequency is increasing, indicating that the building is blocking the upper bass and mid/high frequencies fairly well. We recorded all the way to 20 KHz (the upper range of potential human hearing) and did not display the data herein as it simply follows the rapidly decreasing level trend seen above. And, again, this is indicative of all ambient noise during the measurement window. _, / 8 Page 36 of 38 7/3/17 37 The data below is a quick snapshot from a later time, at 3 feet from the rear lounge door which was the door found to be `leaking' the most noise: # Hardware Configuration # Measurement Setup Profile: Timer mode: Timer set: Log -Interval: Resolution: Range: Time Start: End: Full mode single 0:30:00 0:05:00 1/3 Octave 20-120 dB 2016-12-03, 23:03:00 2016-12-03, 23:03:37 # RTA LOG Results LZeq_dt Band Date Time Timer [Hz] 50 63 80 100 125 160 200 250 315 400 500 630 800 [WW -MM - DD] [hh:mm:ss] [hh:mm:ss] [dB] [d B] [dB] [dB] [d B] [dB] [dB] [dB] [dB] [dB] (dB] [dB] [dB] 12/3/2016 23:03:37 0:29:23 73.4 76 70.8 63.3 60.1 56 54 57.6 53 59 58.5 57.9 53.8 # RTA LOG Results LZeq over the whole log period 12/3/2016 23:03:37 0:29:23 73.4 76 70.8 63.3 60.1 56 54 57.6 53 59 58.5 57.9 53.8 Note the higher levels due to proximity to the lounge, and note that the noise follows the same generally decreasing noise at higher frequencies. This is good news, as it does indicate an appreciable decrease as frequencies get higher- showing that the rear wall of the lounge is blocking upper frequencies. We travelled to Center Street to monitor the noise from the front of the houses which are immediately to the rear of the lounge. The area was very quiet with no sound whatsoever from the lounge. Local ambient noise was measured at approximately 53 dBA. 9 Page 37 of 38 7/3/17 XL2, SNo. A2A-09534-E0, Device Info: FW3.03 Mic Type: NTi Audio M4260, SNo. 5542, Factory adjusted Mic 30.1 Sensitivity: mV/Pa # Measurement Setup Profile: Timer mode: Timer set: Log -Interval: Resolution: Range: Time Start: End: Full mode single 0:30:00 0:05:00 1/3 Octave 20-120 dB 2016-12-03, 23:03:00 2016-12-03, 23:03:37 # RTA LOG Results LZeq_dt Band Date Time Timer [Hz] 50 63 80 100 125 160 200 250 315 400 500 630 800 [WW -MM - DD] [hh:mm:ss] [hh:mm:ss] [dB] [d B] [dB] [dB] [d B] [dB] [dB] [dB] [dB] [dB] (dB] [dB] [dB] 12/3/2016 23:03:37 0:29:23 73.4 76 70.8 63.3 60.1 56 54 57.6 53 59 58.5 57.9 53.8 # RTA LOG Results LZeq over the whole log period 12/3/2016 23:03:37 0:29:23 73.4 76 70.8 63.3 60.1 56 54 57.6 53 59 58.5 57.9 53.8 Note the higher levels due to proximity to the lounge, and note that the noise follows the same generally decreasing noise at higher frequencies. This is good news, as it does indicate an appreciable decrease as frequencies get higher- showing that the rear wall of the lounge is blocking upper frequencies. We travelled to Center Street to monitor the noise from the front of the houses which are immediately to the rear of the lounge. The area was very quiet with no sound whatsoever from the lounge. Local ambient noise was measured at approximately 53 dBA. 9 Page 37 of 38 7/3/17 38 SLItninary: 1) Live music typically has considerable less low frequency energy compared to DJ and EDM (ELECTRONIC DANCE MUSIC) music. Live music is also easier to control, as one has access to the individual elements (bass guitar, bass drum, etc.), whereas in DJ and EDM (ELECTRONIC DANCE MUSIC) performances, the `mix' of the music is based on a recording and the only way to decrease the low end would be through the use of a frequency equalizer to turn down the low frequency content. However, doing so would limit the enjoyment, as the low frequency is a large part of the signature sound for this type of music. As indicated earlier, the interior level was pushed higher than normal for the sake of helping to determine max allowable levels as well as the amount of isolation the building is creating. The typical level of operation would be approximately 3 dBA less than we noted on this night, somewhat decreasing the amount of sound heard at the rear. 2) The Holiday Lounge building is blocking a large amount of noise above 400 Hz. 3) The two rear doors need to be improved acoustically and doing so will remove a good portion of low frequency noise heard at the rear of the lounge. SMF has made recommendations which the Holiday Lounge will follow. Once the doors are improved, SMF will listen and measure again to verify improvements. Overall, the Holiday Lounge shows considerable interest in improving the situation, and, as indicated herein, live music would decrease the noise further. Gary Hardesty Director Sound Media Fusion, LLC. END of report -W- 10 Page 38 of 38 7/3/17 ATTACHMENT 5 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 3, 2017 ITEM NUMBER: SUBJECT: REVIEW OF PLANNING APPLICATION PA -16-55 FOR HOLIDAY (FORMERLY LION'S DEN AND MAISON) 719 WEST 19TH STREET DATE: DECEMBER 15, 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. APPLICANTIAUTHORIZED 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 191h 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. qI- 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 November 10, 2017, 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 X12 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 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. 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. Construction for Phase 2 was completed on October 18, 2016. 9 3- Green Area: Phase 1 (Holiday Room) Red Area: Phase 2 (Red Room) 9A— 8125/16 Photo of Holiday Room (Looking Toward Bar Area from Main Entrance) 8/25116 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 Activit ). The case was closed when the current operator obtained the permits required by those departments as described earlier in this report. The —95— 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 -initiated 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 its 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, including 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 —17(p— 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. Reauest for Review 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. On November 15, 2016, a hearing was conducted by the City Council; however, it was continued to the January 3, 2017 meeting to allow the newly appointed City Council members to consider the request. New Information Provided by the Applicant Since the November 15,_2016 City Council Hearin Attachment 11 of this report contains the following additional information provided by the applicant: • Noise study conducted on December 3, 2016; Police reports in response to noise complaints received on December 3, 2016 and December 4, 2016; and Letter from the applicant's attorney regarding the current status of the ABC License. Discussion/analysis for the above items follows. Noise Study Attachment 11 contains a noise study conducted in the evening on December 3, 2016 by Sound Media Fusion. The study measured the sound of a live performer (musician) and a DJ within the lounge. The below table is a summary of the decibel (dB) sound readings taken at the property line wall abutting the residences: Tlme Start: 2016-12-03, 22:38:34 End: 2016-12-03, 22:53:41 # Broadband LOG Results Date Time Timer LAeg1' LAeg5' LAeg10' LAeg15' LASmax_dt LZSmax„dt [YYYY-NIM-DD] [hh:mm:ss] [hh:mm:ss] [dB] [dB] [dB] [dB] [dB] [dB] 1213/2016 22:43:34 0:25:00 53.5 53.9 53.9 53.9 642 78.8 12/3/2016 22:48:34 0:20:00 564 58.9 571 57.1 75.8 81.8 12/3/2016 22:53:34 0:15:00 539 55.3 57.4 56.6 67.4 775 12/3/2016 22:53:41 0:14.53 55.1 55.5 57.5 56.6 62.6 75 # Broadband LOG Results over whole log period 12/3/2016 22:53:41 0:14:53 55.1 555 57.5 56.6 75.8 81.8 Source: SMF Noise Study 12/9/16 n I� For comparison purposes, the City's Noise Ordinance is excerpted below: Sec. 13-280. EXTERIOR NOISE STANDARDS (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within the City: RESIDENTIAL EXTERIOR NOISE STANDARDS Noise Level Time Period 55 dB(A) 7:00 a.m.- 11:00 p.m. 50 dB(A) 11:00 p.m.- 7:00 a.m. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A). (b) It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, either within or outside the City, to exceed: (1) The noise standard for a cumulative period of more than 30 minutes in any hour; (2) The noise standard plus 5 dB(A) for a cumulative period of more than 15 minutes in any hour; (3) The noise standard plus 10 dB(A) for a cumulative period of more than 5 minutes in any hour; (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB(A) for any period of time. The noise levels indicated in the previous table includes the existing ambient noise levels in the area, i.e., noise levels from cars and trucks in the surrounding streets and parking lots, and include the low frequency noise (i.e., bass) coming from the recorded music inside the lounge. The study concluded that the live music generated less low frequency noise than the recorded music. The study recommends that additional soundproofing material for the rear doors be installed to reduce the low frequency noise associated with recorded music. The study also noted that noise was monitored from Center Street and that no sound, including low frequency noise, from the lounge could be heard. A City Code Enforcement Officer was also present during the time the sound readings were being taken and noted that no music could be heard coming from the establishment. Police Reports The attachment also contains two calls for Police Service for noise complaints from Holiday. One was received at approximately 11:00 p.m. on December 3, 2016, and the second at approximately 1:00 a.m. on December 4, 2016. The reports indicate that the responding officer heard no music coming from the establishment on either occasion. r] g, ABC License The attachment also contains a letter from the applicant's attorney summarizing the current status of Holiday's ABC License, noting that, according to ABC, the license is in good standing and there is no pending enforcement action against the licensee for any type of violations. Other Issues It should also be noted that, in the letter provided by the applicant, that if the request is approved, they wish to amend the requested hours for live entertainment as follows: Original re uested hours of live entertainment: 11:00 a.m. to 2:00 a.m. (seven days a week) Revised requested hours of live entertainment: 5:00 p.m. to 2:00 a.m. (Monday through Thursday) 10:00 a.m. to 2:00 a.m. (Friday through Sunday) 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 B Reverse the Planning 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. -gq--- 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. AiA- MEL LEE, AICP JAY T E INO, AICP Senior Planner Development Services Department Consultant ATTACHMENTS 1 3. Review Application w 4. Draft City Council Resolutions 5. Planning Commission Minute Excerpts 6. Planning Commission Report and Attachments 7. Planning Commission Resolution .8. GeFFe&por6e� 9. Calls for Police Service 10. Plans 11. Additional information from the applicant including noise study conducted on December 3, 2016, and current status of the ABC License 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 • ATTACHMENT 3 yl LI.., CITY C L; R ~.;City of Costa Mesa 16 SEP 10 Phi 4: 50 Appeal of Commission Decision - $1,220.00 ,, Appeal of Zoning Administrator/Staff Decision - $690.00 rtc5 I! 1ST 8 PFuD !�l Fl _ AT T.P-IF Cr FILUNG APPEAL; APPLICATION FOR APPEAL OR REVIEW Applicant Name* Sandra Genis Address: 77 Fair. Costa Mesa Phone: 7 f q -a K/ W Representing: REQUEST FOR: APPEAL. Decision of which appeal or review is requested known.) REVIEW** (give application number, if applicable, and the date of the decision, if A-16-55: CONDITIONAL USE PERMIT TO ALLOW LIVE ENTERTAINMENT AND ONSITE VALET ARKING AT 719 NEST 19TH STREET (HOLIDAY), September 12, 2016. Decision by: Planning Commission Reasons for requesting appeal or review: Neibhborhood 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: __ 9 1— REV 9-1-15 ATTACHMENT 4 RESOLUTION NUMBER 17- 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, which was continued to January 3, 2017. 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 -- � 2 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 3rd day of January, 2017. ATTEST: CITY CLERK OF THE CITY OF COSTA MESA KATRINA FOLEY, Mayor APPROVED AS TO FORM: CITY ATTORNEY f-- 8:3, 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 17 as considered at a regular meeting of said City Council held on the , 2017, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 2017, 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 , 2017 • 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 XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. 9G— 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 • 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 — 6q 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 fiat 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-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. 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 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: _4sq— 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. -qo- RESOLUTION NUMBER 17- 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, which was continued to January 3, 2017. 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 3rd day January 2017. ATTEST: KATRINA FOLEY, Mayor APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA _qI- 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 17 as considered at a regular meeting of said City Council held on the , 2017, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the . 2017, 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 .2017 EXHIBIT A FiNnitirq 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: 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. -qs— 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. 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 DESCRIPTIO 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. RECOMMENDATIO Staff recommends that the Planning Commission approve the request by adoption of Planning Commission resolution, subject to conditions. — qf� 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 wail 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 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 Bevera a 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 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 pian 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). r �e4c f r' a •r -I _ pJ In rti •c � r ♦ -. ♦I 0 SITE PLAN SMG ]I9 9/r¢ 19A SfI1C1 r-0"rA MFYI CR 5'5671 119 W 6119th �TiM COSfA M6A. C4 976T] Green Area: Phase 1 (Holiday Room -Currently Operating) Red Area: Phase 2 (Red Room -Under Construction) —100— 8/25/16 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 Activit 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 Activit ). The case was closed when the current operator obtained the permits required by those departments as described earlier in this report. The —101- 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 Patrol Check 92 Subject Stop 54 Out For Investigation 20 Transient 15 Burglary ry 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. ov/ft / lannin commission/a enda/2015/2015-06-08/PH- 3.pdf ANA] 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 Loun a 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 pm Sun -Sat Gloria's Mexican Food 908 SF 6:00 am -10:00 pm Sun -Sat Lavanderia Coin Laundry 1,785 SF 7:00 am -10:00 pm Mon -Fri 6:00 am -10:00 pm 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_pm Sun -Sat Costa Mesa Medical Clinic Eva's Beauty Salon _ Jem Check Cashing 1,900 SF 8:00 am -8:00 pm Mon -Fri 9:00 am -7:00 pm Sat -Sun 9:00 am -7:00 pm Mon -Fri 9:00 am -7:00 pm Sat -Sun 9:00 am -7:00 pm Mon -Sat 10:00 am -3:00 pm Sun 800 SF 800 SF Simply Prepaid _ _ Acapulco Restaurant 800 SF 10:00 am -7:00 pm Mon -Sat 1,700 SF + 514 SF Patio 6:00 am -9:00 pm Sun -Sat 103- 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.: Restaurant]Bar Hours of Operation Location Within 200' Outdoor of Patio Residential La Vida / Tavern & 11:00 a.m. — 2:00 a.m. The Triangle X Bowl (Thurs- Sat.)_ Saddle Ranch Chop 9:00 a.m. — 2:00 a.m. The Triangle X House Thurs- Sat. 11:00 a.m. — 1:00 a.m. The Triangle The Yard House 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 Wa arer/Detroit 5:00 p.m. — 2:00 a.m. W. 19th Street X X Turners Pub 33 12:00 p.m. — 2:00 a.m. Old Newport X X Boulevard --104-- Tiki Bar 10:00 a.m. - 2:00 a.m. W. 1711 Street La Cave 4:30. .m. - 2:00 a.m. E. 17th Street Casa Costa Mesa 8:00_ .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. Existina 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 pian 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. _10s_ 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 alonrg 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 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. 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 Man dement 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 Security 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. L. ghtinq 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 propert 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. - -ior] — Granting the conditional use permit will not allow a use density, or intensit which is not in accordance with the General Plan designation and any applicable specific plan for the pMpert . 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 days 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 ljosfin . 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 Senior Planner GARY APS ST ONG, AICP Economic Development & Development Services Director/Deputy CEO Attachments: 3. Applicant's Project Description and Valet Parking Plan 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 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. 4L AW MEL LEE, AICP Senior Planner GARY ARPSTONG, AICP Economic Development & Development Services Director/Deputy CEO 3. Applicant's Project Description and Valet Parking Plan 4. Draft Planning Commission Resolutions 5. Calls for Police Service 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 9. is Distribution: Director of Economic & Development Services/Deputy CEO Interim Assistant Development Services Director Senior Deputy City Attorney Public Services Director City Engineer Ho Transportation Services Manager Fire Protection Analyst File Pacific Planning Group Inc. c% 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 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 1 719 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. __.. 112-1 Existing Conditions table Adjacent Zoning C1 (Local Business District) Adjacent General Plan Land Use Designation Adjacent Westside Urban Specific Plan Area General Commercial I F f9 -We st Urban Plan ! R2 -HD (Multiple C1 (Local Business Family Residential- District) High Density) High Density Residential Mesa West Residential Urban Plan Adjacent Uses Various commercial Residential uses (Sunshine detached houses Liquor, Lim's Dental Office/Lim Douglas W DDS, Fita's Hair Fashions, AutoZone) C1 (Local Business District) General Commercial General Commercial 19 West Urban Plan 119 West Urban Plan Multi -Tenant Commercial Smart & Final Market i Building (Acapulo Restaurant , Simply Prepaid, JEM Check Cashing, Eva's Beauty Salon, Costa Mesa Medical Clinic, EI Toro Bravo Tortilleria) 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 —113— 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 Current Uses and Hours of Operation in Retail Center Name Holiday Lounge Square FootageBusiness 4,476 sq ft Operation 7:00 am - 2:00 am; 7 days 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. - I S �. 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. _11(0— 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. —119— � e � a - - I I (T- I f j I li � _I r- -I • � • a o ojIll'� _� a a - a� •� I I � I+ I k I j i I I I =i»I= .. ate'_ .:r� »�_�ao•I' a,t: ��'. 7 =7j- - - I I (T- 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 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 191h 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 5:00pm until 2:00am or until valet is no longer needed based upon traffic influx - Wednesdays 5:00pm until 2:00am or until valet is no longer needed based upon traffic influx - Thursdays 5:00pm until 2:00am or until valet is no longer needed based upon traffic influx - Fridays 5:00pm until 2:00am or until valet is no longer needed based upon traffic influx - Saturdays 5:00pm until 2:00am or until valet is no longer needed based upon traffic influx - Sundays 11:00am until 2:00am or until valet is no longer needed based upon traffic influx • Parking operations will start October 16th 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. -120 - IV •• � � � ... f yrs .. tis y 44 ,. F�ARlING LST B • ti VALtor TAN 54"�" g 4 RKING LO A Beverly Corrigan Lion's Den 719 West 19" St. Costa Mesa, CA 92627 PERMJIT # PEP09-0010 ATTACHMENT f CITY OF COSTA MESA PUBLIC ENTERTAINMENT PERMIT DEVELOPMENT SERVICES DEPARTMENT P. O BOX 1200 COSTA MESA, CA 92628-1200 COPY 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 Pedestrian/Vehicles ❑ 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., DECEiVIBER 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: WILLA BOUWENS-KILLEEN NOTICE TO APPLICANT Notice should be sent to you by mail, within forty-five (45) working days of your fi€ing 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 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. - 1 Z3- A- . : 'ION FOR PUBLIC ENTERT. !L ra�:= -- City of Costa Mesa V, W!, Development Services Department e��; 71 J; ail a b4 '' P.O. Box 1200, Costa Mesa, CA 92623-1200 ._ J J_ •__ (714) 754-5625 Check one: New Yearly permit ❑ New One day permit V Yearley Renewal permit - Processing Fee:$675 5.00 (Applications shall be filed and must be complete a 1. Business name: 2. Address: 3. Contact 4. Legal entity submitting application: PERMIT 9==1 'TV 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: Ail- 010,WJ Wo C 6. l3escrf a exac lure of the t�L tertainment you will be providing: 7. Days entertainment scheduled: ( M T W TH F S (Circle appropriate day(s)) 7a. Other days scheduled: I M T W TH F S (Circle appropriate day(s)) 7b. Other days scheduled: { M T W TH F S (Circle appropriate day(s)) 8. Does your establishment serve alcohol? SU ] D (Begin) (End) SU ] Date: Hours: (Begin) (End) SU ] Date: Hours: (Begin) (End) Maximum legal occupancy of the premises: 9. Does your establishment have a Conditional or Minor Conditional use permit regarding entertainment? /f 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 exterior 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: VSignatur8: 1 z-4 — plicant Of 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 - 125 - Beverly Corrigan Lion's Den 719 West 19" St. Costa Mesa, CA 92627 PERMIT # PEP10-0015 CITY OF COSTA MESA PUBLIC ENTERTAINMENT PERMIT DEVELOPMENT SERVICES DEPARTMENT P. O BOX 1200 'COP 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: ❑ 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: t C ! Y_'�l_ l✓ r,'d r 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. -129- Beverly Corrigan Lion's Den 719 West 19th St. Costa Mesa, CA 92627 PERMIT # :PEP14-0003. CITY OF COSTA MESA PUBLIC ENTERTAINMENT PERMIT DEVELOPMENT SERVICES DEPARTMENT° P. 0 BOX 1200 �,!r COSTA MESA, CA 92628-1200 RE: PERMIT FOR DJ MUSIC AND DANCING Your application for a Public Entertainment Permit has been: Date this permit approved: April 21, 2014 Permit Period: ONE YEAR THIS .PERMiT:EXPIRES APRIL 21, -2015 ❑ 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 Reauired 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 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. 12SSI-- 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. 12-Q - r f" CITY OF COSTA MESA PUBLIC ENTERTAINMENT PERMIT "' DEVELOPMENT SERVICES DEPARTMENT P. O BOX 1200 COSTA MESA, CA 92628-1200 Marty Kish HOLIDAY 719 West 19th St. Costa Mesa, CA 92627 PERMIT # PEP16-0015 RE: PERMIT FOR DJ MUSIC AND DANCING Date this permit approved: November 10, 2016 Permit Period: ONE YEAR THIS PERMIT EXPIRES NOVEMBER 10, 2017 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 Pedestrian/Vehicles ❑ Parking Plan ❑ Seating Plan ❑ Noise Control Plan ❑ 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 17, 2016. If you have any questions about this permit, please contact me at either ✓idel. CaFri :;o'IAcostarnesaca. g o or 714.754.5625. Person takingaction on this permit: Y, p IDE AMBO Acting Comm. Improvement Mgr/.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 136 CONDITIONS €7F APPROVAL - PEP15-0004 719 WEST 19TH STREET 1, DOORS MUST REMAiN CLOSED AT ALL TWIES DURING ENTERTAINMENT HOURS, 2. HOURS OF ENTERTAINMENT ARE MONDAY THROUGH SUNDAY 11:00 AM TO 2:00 AM. I 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. !T IS THE APPLICANT'S RESPONSIBILITY TO RENEW THIS PERMIT AT LEAST30 DAYS PRIOR TO THE EXPItRATiON DATE. 6. PATRONS ARE PROHIBITED FROM LOITERING III THE REAR PARKING LOT, THE BUSINESS OPERATOR SHALL USE ALL MEANS POSSIBLE TO PREVENT PATRONS FROM LOITERIIJG IN THE REAR PARKING LOT. 7, PATRONS SHALL NOT UTILIZE THE NEIGHBORING BUSINESSES' PARKING AREAS. 8, 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 LOT AND SHALL NOT SHINE ONTO ADJACENT RESIDENTIAL PROPERTIES. 10. PROVIDE A LICENSED, UNIFORMED SECURITY GUARD/GUARDS IF REQUESTED BY THE CITY. Additional measures as submitted by the applicant: 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 premises. 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 sura 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–OurSecurity 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 our custorners at CASA are now using Uber and taxis to visit our nightclub. We anticipate the same percentage will be using Uber and taxis to visit Maison/Harper'$ 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 GP.,"NV,'9 �a o�� �r2: a ��4EftQ' 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 Primary 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 Lkense Tvpcs 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 Disciplinary Action .. No Active Disciplinary Action found .. . Disciplinary History .. No Disciplinary History found... Hold Information Hold Date: 08 -DEC -2015 Type: FRANCHISE TAX HOLD l✓scroi' . No Escrotiv found .. . ---End of Report --- For a definition of codes, view our glossary. -132- http:/hvww.abc.ca.gov/datport/LQSdata.asp?ID=82767245 08/23/2016 Dmiatui G, Akaracl,? Slir) r V c 00 Mel Lce. AICT Senior Planner City occlosta %lesa 77 Fair Drive C I Os Ca -,a. 1) 2 () 28 ATTACHMENT 8 SmartUiniA. I I 12 3-6 ; ! 0- - Jw jl�i F, clkc )FN� 1. R N L 4E R 1, V 1.I 0 N �4 T Re: pi -NI�j:,",G -PPI L, ICAT IQN PA - I I IAN -A., (FORA 71 Q VIE'ST 191 U SIRE ET. O)S I'A CA ,�Illall &- FLIWI ;4389, 707 \V. 19"k Cosut Vlesa, q-"1627 .hoar INIr, Lcc: PLIV5,1.4111t tO 0 Lit' W.11:1111O Re convei-iwlon Ous lrnoming,.- Sinart Final ha i no record of. an ow -unwriaen' or ,vritito Agrecrnent hen Ma et,,k�, t '-,c�n flat: (Fornicks UonD s all to atl 1110 usai S In d rt &!- [ .11 4c C, maf,-,� earl, lot loCi(Qul at-, 7Q7 VVI,)" St.. Ccista),J,;sa. CA 14,26-7 a-,; Overflow G)r an) busine�5es or patj:i)Ij.-, (IfO(her blLt-ii-DeSSOS ',It WIV Please he advised, til +i ulytil a �wrlttell uIgreelll-tlit beco fulk- cxecut"rd b e►twee_1. LhC pal -tic-, v �-kfll Illor alio,6% patrons tronn.. ottwr bu.,,inesses to park it! OUr w� i0l- -1� l-,�. ll,phat-c u,�� qstions, pk�ase fej Free irc,� col"Llct, q oIC ! t tia arr. k I LIA! IJ -13--3- 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: 0 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 I3-1_ 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 12th day Sept tuber, 201 . r� Ra6eeL. Dickson Jr., Chair Costa Mesa Planning Commission —13,5— 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 Gary Apstr g, ActingSecretary Costa'Mesa Planning Commission 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 ne�ghborhocd. 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 oermit will not allow a use. density. or intensity which is not in accordance with the General Plan designation and an 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. 1 X39 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(o)]. 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 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 3q - 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-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. 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 -1-40— 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: 14I 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. -.I-A2-- 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 PRESENTED AT PLANNING COM14iiSSION 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 complyink with rules and regulations. Previous building code and fire code violations documented at tie 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 -_ I+A- ATTACHMENT 9 City of Costa iViwtvzp ica 4! Calls for Service 719 'adv 19th St 08/01/2015 - 8/23/2016 August 24, 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 LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit ._Page 1 CFS 719 W 19"' St 08/24/2016 44 City of Costa Mesa August 24, 2016 Call Date/Tune 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 719 W 19TH ST PATROL CHECK LIONS DEN LAW 01/02/2016 15:27 LIONS DEN LAW 01/05/2016 13:07 719 W 19TH ST OUT FOR INVESTIGATION 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 01/05/2016 13:30 LIONS DEN LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 2 CFS 719 W 19" St 08/24/2016 �City of Costa Mesa t4 August 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 LAN/ 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 0-1i— F?partment Crime Analysis Unit -1-19— -19— Page 3 CFS 719 W 19'' St 08/24/2016 • - City of Costa R vFx� Mesa August 24, 2016 Cali Date/Time Location I 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 LIONS DEN LAW 03/28/2016 11:41 719 W 19TH ST SUBJECT STOP LIONS DEN LAW 03/30/2016 08:02 719 W 19TH ST PATROL CHECK LIONS DEN LAW 03/31/2016 12:59 719 W 19TH ST PATROL CHECK LIONS DEN LAW 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 11:30 719 W 19TH ST SUBJECT STOP LIONS DEN LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit — I -4,g _ Page 4 CFS 719 W 191h St 08/24/2016 h: City of Costa Mesa 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 LAW 06/08/2016 14:46 1 719 W 19TH ST PATROL CHECK LIONS DEN LAW 06/09/2016 12:15 1 719 W 19TH ST POLICE PUBLIC ASSIST LIONS DEN LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 5 CFS 719 W 191' St 08/24/2016 MR City of Costa Mesa 24, 2016 CallOate/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 06/28/201600:30 719 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 I PATROL CHECK LIONS DEN LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 6 --1150- CFS 719 W 19"' St 08/24/2016 City of Costa Mesa August 24, 2016 Call Date/Time Location Nature Business Service 08/16/2016 06:38 1 719 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 --IS(- CFS 719 W 19" St 08/24/2016 ! : City of Costa Mesa {4 September 22, 2016 Calls for Service 719 'W 19th St 08/24/2016 — 9/2012016 Between August 24, 2016 and September 20, 2016 there were 23 Calls for Service for Lions' Den/Holiday located at 719 W 1911 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 PUBLIC ASSIST 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 W 19TH ST TRANSIENT HOLIDAY LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit IS� 'age 1 CFS 719 W 19`h St 09/22/2016 v City of Costa Mesa -14 October 3151, 2016 Calls for Service 719 W 19th 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 mate/Time J 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 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 1 719 W 19TH ST DISTURBANCE NOISE HOLIDAY LAW Stats produced by Costa Mesa Police Department Crime Analysis Unit Page 1 CFS 719 W 19" St 10/31/2016 '�S�3 OkiGIN.-.L LION'S DEN FLOOR PLAN LAYOUT ATTACHMENT 11 Subject: Conditional Use Permit PA -16-55 Dear City Council, Thank you for your careful consideration of our CUP Application. Our request to Council is to uphold the Planning Commission's decision approving the Conditional Use Permit PA -16-55 allowing live entertainment and valet parking at the Holiday Lounge located at 719 W. IV' Street, Costa Mesa. This Letter serves to present and reiterate recent relevant information to our Application. As reflected in the Staff Report, our project was unanimously approved at the Planning Commission Hearing on September 12`h, 2016. On September 19d', Council Member Genis requested the item for Review. The reasons listed for the Review were noise and the Applicant's ABC License. The project went before Council on November 15`', 2016 and was continued to January 3`d, 2017. Since the November 15`h Hearing, an additional noise study was conducted by Gary Hardesty from Sound Media Fusion (SMF). SMF was selected because the firm was instrumental in resolving the sound issues with the Pacific Amphitheatre project. On Saturday, December 3`d, 2016, Code Enforcement gave a one- time approval for live music at the Holiday Lounge to allow SMF to test the specific potential impacts of live music (Exhibit "A"). The SMF Study concluded that live music is not intrinsically louder than pre- recorded DJ music. Moreover, live music is less impactful and invasive than DJ music. The SMF Study also states that "Overall, the Holiday Lounge shows considerable interest in improving the situation, and, as indicated herein, live music would decrease the noise further." The SMF Study is attached as Exhibit «B„ Being a good neighbor has been and continues to be a top priority for the Holiday Lounge. In addition to making approximately $50,000 in improvements to our facilities to mitigate sound, we have extended invitations to our neighbors for an Open House, our Grand Opening and offered to conduct individual residential sound studies. We have also been diligently working with Code Enforcement and the Costa Mesa Police Department to ensure a safe and comfortable venue for our customers, employees and community. In fact, Code Enforcement and the Costa Mesa Police Department have not reported any violations while the Holiday Lounge has been operating (Exhibit "C"). We have also joined the Chamber of Commerce to work with other local businesses to improve the Westside of Costa Mesa (Exhibit "D"). With respect to our ABC License, the Holiday Lounge is in good standing with ABC with no active disciplinary actions on file. Our active ABC License was renewed and is set to expire on October 31-5` 2017 (Exhibit "E"). ABC Attorney Michael Cho of Palmieri Tyler has answered additional questions previously posed about our ABC License (Exhibit "F"). Based on comments and discussions with the community, the Holiday Lounge will also agree to modify the proposed hours of operation for live entertainment as part of the conditions of approval. The proposed hours of operation for live entertainment will be modified from 11:00 am to 2:00 am (seven days a week) to 5:00 pm to 2:00 am (Monday — Thursday) and 10:00 am to 2:00 am (Friday — Sunday). I SS, The attached Exhibits address the concerns raised by Council Member Genis about sound and the ABC License. If you have any questions or require additional information, please contact us. Thank you for your time and consideration. Sincerely, Marty Kish Managing Partner Exhibits A. Code Enforcement One-time Approval for Live Music B. Sound Media Fusion Holiday Lounge Noise Study C. Costa Mesa Police Department Reports (2) D. Letter of Support from Chamber of Commerce President Thomas Johnson E. Current ABC License F. Memo from Attorney Michael Cho S(�'P_.__, Exhibit From: GAMBOA, FIDEL Sent: Friday, December 02, 2016 9:58 AM To: HATCH, THOMAS [THOMAS.HATCH cbeostamesa_cargov>; LETOURNEAU, TAMARA <["AMARA.LETOURNEAU costasl}esaca. ov>; FRANCIS, RICK <ri c k . fra nc i s@.c o sta me sac aa.go v > Cc: TREVINO, JAY M. C[AY.TREV INO costamesaca.gov>; VANDER DUSSEN, SHERI <SHEM. VAN DERDUSSEN rl.costamesaca.goy>; LAPOINTE, JOYCELYN <JLAP0[NTE cr,costamesaca.Rov>; BOUWENS-KILLEEN, WILLA <W[LLA.BOUWENS- KILLEENNcostantesaca.gov>; LEE, MEL <MEL.LEEr: costamesaca.goy> Subject: One time approval - Holiday 719 W 19th St, Costa Mesa, CA 92627 Tom, I just wanted to advise you that the Holiday, located at 719 W 19th Street, has been granted approval to utilize a live band/music for a sound study this Saturday night 12/03/16. The study is being conducted by Gary Hardesty from Sound Media Fusion, LLC who has worked with the Pacific Amphitheatre across the street. The study will be conducted between 8 pm to 10 pm and live music will cease shortly after that. Code Enforcement Officer Paul Ramos (714-925-7311) will be in attendance to observe. Please let me know If you have any questions. Thank you, FIDEL GAMBOA ! CHIEF OF CODE ENFORCEMENT C�t'p ,�I �;,3sEa ti:1es,� ve ,IiireriS Ue^d�e_a� r,i1-�(;f. 1 .10=F 3 714 754 `;i % 4t 711 ] ;¢ rlg:,i} NOTE: Due to the holiday season, City Hatl will be closed from Friday, December 73, 2016th rough Monday, January 2, 2017. City Hall will resume regular business hours on Tuesday, January 3, 2017. isq-- GLOBAL EVENT TECHNOLOGY, NOISE MITIGATION and MANGEMENT Sound Media Fusion, LLC. Van Nuys, California, USA Audiomicro42@gmail.com (1) 818-482-0193 Gary Hardesty December 9, 2016 Holiday Lounge Noise Study Prepared for: Holiday Lounge 719 West 19t" Street Costa mesa, CA 92677 _ I ss Exhibit "B" Exhibit "B" On the evening of Saturday, December 3, 2016, at the invitation of Marty Kish, SMF visited the Holiday Lounge, in order to: 1) Measure and understand the noise the bar creates; 2) Determine approximate levels at the homes in the area; 3) Investigate the possibility of noise mitigation. When we discuss noise, we typically refer to non -coherent noise (sound of traffic, sound of the ocean) and coherent noise (music, human speech, and impact and impulse noise). Measuring noise and analyzing noise is a complex and easily misunderstood science. Before we discuss the details of our findings, let's make sure we are on the same page and have a mutual understanding of noise and noise study. Noise is generally defined as unwanted sound. What is sound? Sound is a series of vibrations in air (or water or metal and so on) which causes pressure changes in the ear; these pressure changes can vibrate the inner workings of the ear very fast (heard as a high tone) or slowly (a low tone) or somewhere in the middle, and we hear these pressure changes as sound. So, if sound is just air pressure, why isn't it measured in the same way that the weather men measure air pressure, in nice easy units like millibars, or atmospheres? Unfortunately human ears/brains don't respond like barometers. A barometer can detect a one millibar change easily, no matter whether pressure is low or high. On the other hand, human ears can detect small changes in pressure only when the level of sound is low; when the level of sound is high, a very large change in pressure is needed before we notice the change. This is very different to normal ways of measuring pressure; generally speaking the sound pressure needs to be doubled before we notice the change, and increased by a factor of 10 before we think it has doubled. This is why decibels (dB) are used because they respond in a similar fashion to the way the human ear hears the sound. `0' dB has been designated as the threshold of human hearing. On this basis 140 dB is a very loud explosion and some deafness is almost certain to be instantaneously caused. A 3 dB increase/decrease in the level of noise is a doubling/halving of the sound pressure level (or in the energy contained), but we would only just notice this increase; whereas if we actually perceived a doubling or halving, the noise level would have changed by 10 dB. A further complication is that human ears do not respond very well to high tones (frequencies) or low tones (frequencies). Not surprisingly ears respond best at the same frequencies as human voices- in the middle of the frequency spectrum. Therefore sound measurements are weighted to respond in the same way; this is known as "A" weighting and the most commonly used units are hence dBA, which can also be written as dB(A). dBA readings produce results in which the low frequencies and higher frequencies are greatly attenuated. .— 1SQ^ Exhibit There are other weightings; the most commonly used are dBC, in which the low and high frequencies are less attenuated, or, flat readings in which all frequencies are measured with no attenuation in the measurement readings. A further complication, is that the response time of the meter (how quickly the "needle" is allowed to rise and fall), will affect what the meter reads for any given noise. Although the more steady the noise, the less important the response time is. The sound measuring system can be set to one of several time weightings; 'Peak', 'Impulse', 'Fast', and 'Slow'. Broadly speaking 'Peak' produces the highest readings then 'Impulse', 'Fast' and 'Slow'. 'Fast' is the most common setting for readings. The next problem in trying to represent the vagaries of human hearing in a scientific unit is that virtually all sounds vary from moment to moment, and how we respond to a noise depends on how it changes. When dealing with a new or proposed noise LAeq is often used (also written dBA Leq); this term is the Equivalent Continuous Level. The formal definition is "when a noise varies over time, the Leq is the equivalent continuous sound which would contain the same sound energy as the time varying sound". The `A' in dBA, as explained later on in this report, refers simply to the frequency response weighting used by the meter. The `Leq' is the time based averaging function. However, you can think of it as a type of average, where noisy events have a significant influence. Such measurements are designated, for example, as 46.3 dBA Leq or 46.3 LAeq. LAeq is the main unit used for assessing Occupational Noise. Thus, Leq is a decibel averaging system, whose purpose is to average the noise over a pre -determined period of time. An important feature of LAeq's, is that a large number of quiet events can produce the same period LAeq as a few (possible one single) very loud event(s); therefore any limit set in terms of LAeq considers the two conditions as being equivalent. Environmental noise readings, are therefore complex and easily misunderstood and do not easily take into account potentially disturbing sounds such as impulse sounds. In the case of Costa Mesa, the ordinance states (in basic terms) that the daytime noise shall be no more than 55 dBA (Leq) over several defined periods of time. When a noise doesn't yet exist, or it is planned to alter an existing noise climate, the ability to calculate the future (or even existing) noise level can be vital. Noise calculations are complex and have many traps for the unwary. There are many factors which affect the level of noise which reaches a disturbing level any given point, but the most important, over which there is generally some control are: ` 1(00- Exhibit "B" Di.stnnee For most sources a doubling of the distance results in a 6 dBA reduction in level; conversely halving the distance, produces a 6 dBA increase. For example if you are 5 feet from a noise source, then moving another 5 feet away should make a large difference to the measured noise level; conversely if you are 500 feet away from the noise source, then a 5 foot change in distance will make little difference. The main exceptions to this rule are either when you are proportionally close to a large noise source and the drop off in noise will be significantly less than 6 dBA per doubling of distance, or for a line source (e.g. road traffic) where the drop-off is only 3 dBA per doubling of distance. Low frequency noise has a long wavelength and therefore is much more difficult to control. It is also not absorbed the same way as mid and high frequency noise, so, it has the `appearance' of not following the `normal' attenuation over distance. Barriers For a barrier to be effective it has to cut the line of sight between the noise source and the reception point, and, it has to be very close to either the source or receiver. You should also bear in mind that the noise has got to be "forced over the top", i.e. lightweight barriers, or ones with holes in,' permit noise to pass through the barrier and are unlikely to be effective; for example domestic fencing simply isn't heavy enough, and has too many gaps and cracks to be an efficient noise barrier; by contrast specialist acoustic fencing and brick and masonry walls are heavy enough. Rellectin -Surfaces Hard reflecting surfaces close to either source or reception point can increase noise levels by up to 3 dBA (each). Essentially there are two equal noises which add together; they are the noise which travelled directly and the noise reflected from the hard surface. Sometimes noise barriers can reflect sound off in unexpected and unwanted directions. Soft Ground Attenuation When sound passes close to absorbing ground cover such as grassland, gardens, fields etc., this "soft ground" absorbs extra sound as it passes. Examples of "hard ground" where little or no absorption occurs are asphalt or concrete paving. During our visits to the existing Holiday Lounge and the area of the homes, we measured and recorded the noise for post -analysis in our laboratory in Van Nuys. Exhibit "B" At the Holiday Lounge, we quickly noted the following: 1) I asked that the interior level be set to a level somewhat higher than normal, in order to understand how much noise might escape the bar and to what degree it could be controlled by decreasing levels. 2) The music on our test night was a single performer live artist, followed by a DJ. 3) The lounge had done some work at the back of the building to mitigate the noise. It was noted that some noise was getting out through the building front (not significant given the surrounding area ambient noise). And more noise (low frequency) was getting out through two rear doors. 4) The lounge had installed a noise monitoring device in the interior, however, the device is measuring `A - weighted' and therefore not measuring the low frequency noise, which is the noise component that is getting out of the bar, to a large extent. I am not sure of the device can perform a `Z', or flat weighted reading. If it cannot, it needs to be changed to a device that can. We used a logging type sound level meter, which has the capability to record many different types of readings, with different weightings, simultaneously, along with recording the actual audio. This allows deep study of the results. It is important to note that the measurement system is recording all noise, which includes the bar noise, as well as ambient traffic and other random noises- the measurement system cannot easily distinguish between types of noise. The audio recording is highly useful to aid in determining what type of noise the meter is registering. IVz-- Exhibit The chart below shows various noise measurements over time under the conditions as noted above: The first report is from the area behind the lounge, at the rear fence (property line separating lounge from rear of homes), near the Smart and Final fence: # Hardware Configuration Device Info: XL2, SNo. A2A-09534-E0, FW3.03 Mic Type: NTi Audio M4260, SNo. 5542, Factory adjusted Mic Sensitivity: 30.1 mV/Pa # Measurement Setup 2016-12-03, 22:38:34 Profile: Full mode Timer mode: single Timer set: 0:30:00 Log -Interval: 0:05:00 k1: 0.0 dB k2: 0.0 dB kset Date: k -Values not measured Range: 20 - 120 dB Time Start: 2016-12-03, 22:38:34 End: 2016-12-03, 22:53:41 # Broadband LOG Results Date Time Timer LAeg1' LAeg5' LAeg10' LAeg15' LASmax dt LZSmax dt [YYYY-MM-DD] [hh:mm:ss] [hh:mm:ss] [dB] [dB] (dB] [dB] [dB] [d8] 12/3/2016 22:43:34 0:25:00 53.5 53.9 53.9 53.9 64.2 78.8 12/3/2016 22:48:34 0:20:00 56.4 58.9 57.1 57.1 75.8 81.8 12/3/2016 22:53:34 0:15:00 53.9 55.3 57.4 56.6 67.4 77.5 12/3/2016 22:53:41 0:14:53 55.1 55.5 57.5 56.6 62.6 75 # Broadband LOG Results over whole log period 12/3/2016 22:53:41 0:14:53 55.1 55.5 57.5 56.6 75.8 81.8 The data and audio were recorded over a 15 minute period and you can see the individual results, recorded every 5 minutes and the total results at the bottom. We recorded several types of data: 1) The LAeq (time) data is the averaged data at various time intervals, for indication of basic codes compliance, using the `A" weighting, which is significantly decreasing any low frequency noise present. At 15 minutes note that we recorded a summed level of 56.6 dBA. This roughly correlates to the allowed level of 55 dBA. The LASmax data is the `A' weighted data recorded as a maximum measured within the respective time window. 2) The LZSmax data is important as it uses no frequency weighing and is thus indicative of the peak (or maximum) total energy recorded at a particular time- it includes the low frequency data that the `A' -type reading is rolling off. -103- Exhibit It indicates an averaged reading of 81.8 dBZ. This type of measurement is not required for code compliance, but does indicate a cumulative noise level that is somewhat above readings we might expect in such a condition. It should be noted that during the recording of this 15 minutes worth of data, lounge noise -low frequency- content was heard and measured, as well as a sports car running nearby and playing loud music, plus all the local ambient noise (Smart and Final trucks unloading, traffic noise, etc.). Considerable non -bar noise exists in this area. Once the sports car moved to a location further away, the measured level dropped, leaving the lounge low frequency noise. It was determined that the audible lounge low frequency noise heard near the property line at the rear was emanating from the two rear doors. Exhibit "B" The chart below show noise as measure by frequency band, in order to show level VS. Frequency, to get an idea as to what kind of noise we were measuring (IE: low frequency, etc.): # Hardware Configuration Time Start: End: 2016-12-03, 22:38:34 2016-12-03, 22:53:41 # RTA LOG Results LZeq_dt XL2, SNo. A2A-09534-E0, Device Info: FW3.03 Mic Type: NTi Audio M4260, SNo. 5542, Factory adjusted Mic 30.1 Sensitivity: mV/Pa # Measurement Setup Profile: Full mode Timer mode: single Timer set: 0:30:00 Log -Interval: 0:05:00 Resolution: 1/3 Octave 0:20:00 20-120 Range: dB Time Start: End: 2016-12-03, 22:38:34 2016-12-03, 22:53:41 # RTA LOG Results LZeq_dt # RTA LOG Results LZeq over the whole log period 63 80 100 125 160 200 250 315 400 500 630 800 [dB] [d131 [d B] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] 67 67 59.9 57 55 51 52 48 45 44 44 44 69 66 64 61 62 57 55 56 52 51 49 49 67 67 60.9 58 56 53 51 51 52 45 45 45 70 59 63.8 61 58 55 54 54 50 54 52 48 12/3/2016 22:53:41 0:14:53 67 68 67 62 59 59 54 53 52 51 48 47 46 Frequency is on the X scale (left to right), and level is on the Y scaled (top to bottom). The meter was measuring all noise with no weighting (Z scale). Note that from the frequency bands of 50 Hz to 160 Hz, we see fairly high levels, averaged from 67 dBZ to 59 dBZ. This is indicative of the low frequency noise we could hear. Starting around the 200 Hz measurement, the levels are dropping, as the frequency is increasing, indicating that the building is blocking the upper bass and mid/high frequencies fairly well. We recorded all the way to 20 KHz (the upper range of potential human hearing) and did not display the data herein as it simply follows the rapidly decreasing level trend seen above. And, again, this is indicative of all ambient noise during the measurement window. _1, s Band Date Time Timer [Hz] 50 [YYYY-MM- DD] [hh:mm:ss] [hh:mm:ss] [dB] 12/3/2016 22:43:34 0:25:00 66 12/3/2016 22:48:34 0:20:00 68 12/3/2016 22:53:34 0:15:00 67 12/3/2016 22:53:41 0:14:53 69 # RTA LOG Results LZeq over the whole log period 63 80 100 125 160 200 250 315 400 500 630 800 [dB] [d131 [d B] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] [dB] 67 67 59.9 57 55 51 52 48 45 44 44 44 69 66 64 61 62 57 55 56 52 51 49 49 67 67 60.9 58 56 53 51 51 52 45 45 45 70 59 63.8 61 58 55 54 54 50 54 52 48 12/3/2016 22:53:41 0:14:53 67 68 67 62 59 59 54 53 52 51 48 47 46 Frequency is on the X scale (left to right), and level is on the Y scaled (top to bottom). The meter was measuring all noise with no weighting (Z scale). Note that from the frequency bands of 50 Hz to 160 Hz, we see fairly high levels, averaged from 67 dBZ to 59 dBZ. This is indicative of the low frequency noise we could hear. Starting around the 200 Hz measurement, the levels are dropping, as the frequency is increasing, indicating that the building is blocking the upper bass and mid/high frequencies fairly well. We recorded all the way to 20 KHz (the upper range of potential human hearing) and did not display the data herein as it simply follows the rapidly decreasing level trend seen above. And, again, this is indicative of all ambient noise during the measurement window. _1, s Exhibit The data below is a quick snapshot from a later time, at 3 feet from the rear lounge door which was the door found to be `leaking' the most noise: # Hardware Configuration XL2, SNo. A2A-09534-E0, Device Info: FW3.03 Mic Type: NTi Audio M4260, SNo. 5542, Factory adjusted Mic 30.1 Sensitivity: mV/Pa # Measurement Setup Profile: Timer mode: Timer set: Log -Interval: Resolution: Range: Time Start: End: Full mode single 0:30:00 0:05:00 1/3 Octave 20-120 dB 2016-12-03, 23:03:00 2016-12-03, 23:03:37 # RTA LOG Results LZeq_dt Band Date Time Timer [Hz] 50 63 80 100 125 160 200 250 315 400 500 630 800 [WW -MM - DD] [hh:mm:ss] [hh:mm:ss] [dB] [dB] [dB] [dB] [dB] [d B] [dB] [d B] [dB] [dB] [dB] (dB] [dB] 12/3/2016 23:03:37 0:29:23 73.4 76 70.8 63.3 60.1 56 54 57.6 53 59 58.5 57.9 53.8 # RTA LOG Results LZeq over the whole log period 12/3/2016 23:03:37 0:29:23 73.4 76 70.8 63.3 60.1 56 54 57.6 53 59 58.5 57.9 53.8 Note the higher levels due to proximity to the lounge, and note that the noise follows the same generally decreasing noise at higher frequencies. This is good news, as it does indicate an appreciable decrease as frequencies get higher- showing that the rear wall of the lounge is blocking upper frequencies. We travelled to Center Street to monitor the noise from the front of the houses which are immediately to the rear of the lounge. The area was very quiet with no sound whatsoever from the lounge. Local ambient noise was measured at approximately 53 dBA. -I � 40- Exhibit Summary: 1) Live music typically has considerable less low frequency energy compared to DJ and EDM (ELECTRONIC DANCE MUSIC) music. Live music is also easier to control, as one has access to the individual elements (bass guitar, bass drum, etc.), whereas in DJ and EDM (ELECTRONIC DANCE MUSIC) performances, the `mix' of the music is based on a recording and the only way to decrease the low end would be through the use of a frequency equalizer to turn down the low frequency content. However, doing so would limit the enjoyment, as the low frequency is a large part of the signature sound for this type of music. As indicated earlier, the interior level was pushed higher than normal for the sake of helping to determine max allowable levels as well as the amount of isolation the building is creating. The typical level of operation would be approximately 3 dBA less than we noted on this night, somewhat decreasing the amount of sound heard at the rear. 2) The Holiday Lounge building is blocking a large amount of noise above 400 Hz. 3) The two rear doors need to be improved acoustically and doing so will remove a good portion of low frequency noise heard at the rear of the lounge. SMF has made recommendations which the Holiday Lounge will follow. Once the doors are improved, SMF will listen and measure again to verify improvements. Overall, the Holiday Lounge shows considerable interest in improving the situation, and, as indicated herein, live music would decrease the noise further. Gary Hardesty Director Sound Media Fusion, LLC. END of report 1409 Costa Mesa Communications Exhibit Event Report Event ID: 2016-130196 Call Ref #: 826 DatelTime Received: 1210311623:24:09 Rpt #: Call Source: PHONE Prime 111 Unit: RANCK, TYRUS Services Involved Location: 719 W 19TH ST (S) (N)4322X POMONA AVE Jur: CAD Service: LAW Agency: CMPD X -ST: STERLING AVE SUBeaI: D161 District: 1 RA: 01 Business: HOLIDAY Phone: (949) 278-8728 GP: 1101 Nature: DISTURBANCE MUSIC Alarm Lvl: 1 Priority: 3 Medical Priority: Reclassified Nature: Alarm. Caller: Alarm Type: Addr: Vehicle #: St: Report Only: No Race: Sex: Age: Call Taker: FRANC_K Console: DSP4 Geo -Verified Addr.: Yes Nature Summary Code: 0025 Disposition: UNF Close Comments: Notes: LOUD MU -91C FROM THE BUSH 11?J03116 23:25:46 FRANC_K] Code enforcement officer Paul Ramos has been at the location through out the entire nigha He 1 minutes m the location and says that She my muss Holiday is in the loam 11 with coder enforcement ity regulations, t hv s very cooperate a and walangtio location ake any necessproary adjluslmen'ts in orders pparking continue his 5lot. I ':08 Uns.r [12103116 2341n18 Unim the locatil I spoke slice and messages left" 112163116 23:45:08 Unit:711] The reporting party refused to answer the phone after several allempfs to contact by p L Q� c c cc U Cl) M U a 0) C C co U U) .. s.s Times ,,.:� ,r i. : r pI C�Yu rl A.t1 I"I IONIZED .. ielAin�,I rcS�a+:.naliritintnl r Ti,as�u�non rx aye�rwYl ~� ,. } ir,ySrrl�rrt nr leans .. •.h,. ,,, ,.. ur.,,r•+ wail 1%. 7n be .g Radio Log 1 Glow Unit Event 10:2016-130198 Call Ref #: 826 DISTURBANCE MUSIC at 719 W 19TH ST Exhibit "C" Code Call Received: 12/03/16 23:24:09 Time From_CaILReceive _- P638 Cali Routed: 12103/16 23:26:18 000:02:09 Unit Reaction: 000:01:36 (1st Dispatch to 1st Arrive) CEDIL E CEDIL E Call Take Finished: 12/03116 23:26:16 000;02:09 En -Route: 000:00:25 (1st Dispatch to 1st En-Roule) ' tat Dispatch: 12/03/16 23:26:45 000:04:36 (erne Held) On, Scene: 000:14:53 (1s( Arrive to Last Meer) 1st En -Route: 12/03/16 23:29:10 000:05:01 E En -Route 12/0311623:29;10 1st Arrive: 12/03/16 23:30:21 000:08:12 (Reaction Time) 113 Last Clear: 12/03/16 23:45:14 000:21:05 12/03/16 23:30:21 Radio Log .-I 6q Glow Unit Empi ID Type Description Time Stamp Comments Code Usar 111 P638 D Dispatched 12/03/1623:28:45 Stat/Best: 0 191 CEDIL E CEDIL E 113 P630 D Disoatched 12/03/1623:28:45 Stat/Beat: D1 B1 Unit:113 113 P630 E En -Route 12/0311623:29;10 Unit.113 113 P630 A Arrived 12/03/16 23:30:21 Unit:111 111 P638 A Arrived 12/03118 23:32;33 AU Unit:113 113 P630 C Cleared 12103/1623:34:44 UNF Un0:111 111 P638 C Cleared 12!03116 23:45:14 Event Log Close Unit Ernpl ID '.'ype Descriptiorn Time Stamp Comments Code User FRANC K TR Time Received 12103JIS 23:24:09 By: PHONE FRANC K ENT Entered Street 12/03/16 23:25:27 719 W 19TH ST FRANC K ARM Added Remarks 12/03/16 23:25:46 FRANC K ENT Entered Nature 12/03/16 23:25:48 DISTUROANCE MUSIC FRANC K ENT Entered CaiierName Ca 12/0311623:25:54 FRANC K ENT Entered CallerAddreos 12/0311623:28,10 FRANC K ENT EnteredCaliefPhane 12!03!162326.16 FRANC K N FIN Finished Call Takinrl 12!03116 23:26:18 23:29:02 Unit recommend for DISTURBANCE MUSIC at 719 W 19TH CEDIL E C C RECO Unit Rbc Bir Click 12/03/15 (1 121031162 Plan: CMPD Cat: 1 P Lvl: 1 CEDIL E REGO Unit Recommandation 23:29:03 Recmnd:311 iPATROLI CEDIL E (n REGO Unit Recommendation 11 12/03116 Unit:111 E ARM Added Remarks 17.10311623:41:18 Unit111 ca V ARM Added Remarks 12/03118 23:45:08 a �• 1'. Page 2ot3 h U) .-I 6q Event ID 2016-130196 Call Ref 1t 826 DISTURBANCE MUSIC at 719 W 19TH ST Exhibit "C'-'- Related C" Related Names Last. First. MI Suffix Type Race Sex HT WT Eyes DOB Age Home I Mobile Ph Work Ph CALL 0 Addres Oln Oln St: Notes: I9O- Costa Mesa Communications Exhibit "C" Event Report Event ID: 2016-130220 Call Ref W 850 Date/Time Received: 12/04116 00:59:27 Rpt #: Prime 113 Call Source: PHONE Unit: GARDNER, ADAM Location: 719 W 19TH ST POMONA AVE X -ST: STERLING AVE Business: HOLIDAY Services Involved LAW (S)(N)4322X .... Jur: CAD Service: LAW Agency: CMPD St/Beat: D1131 District: 1 RA: 01 Phone: (949) 278-8728 GP: 1101 Nature: DISTURBANCE MUSIC Alarm Lvl: 1 Priority: 3 Medical Priority: -- Reclassified Nature: Alarm: Phone:A4Nftft6Vft Alarm Type: I Vehicle #: St: Report Only: No Race: Sex: Age: Call Taker: GREEL_C Console: DSPB + Geo -Verified Addr : Yes Nature Summary Code: 0025 Disposition: UNF Close Comments: Notes: neg 930 [12/04/16 01:03:23 GREEL_C] Manager advised they will turn down the bass- I drove to the area of 720 Center St. where the RP resides and was unable to hear any sounds of music coming from the Holiday Nightclub. [12/04/16 01:34:46 Unit:113] Call Received: 12/04/16 00:59:27 Call Routed: 12/04/16 01:03:23 Call Take Finished: 12/04/16 01:03:23 1st Dispatch: 12/04/16 01:28:51 1st En -Route: 12/04/16 01:29:00 1 st Arrive: ,, Last Clear: 12/04/16 01:34:48 k IR 000:03:56 Unit Reaction: (1st Dispatch to 1st Arrive) 000:03:56 En -Route: 000:00:09 (1st Dispatch to 1st En -Route) 000:29:24 (Time Held) On -Scene: (1st Arrive to Last C1ear�- 009�AML..• .r 000:29:33 `�-r— (Reaction Time) � itt LEAS> U__ �S1 tG 'dwta I rei nili'`"• . 000:35:21�� ,12/0&201613:47:52 1 User ID: WRIGH_M -191- NotiP.0 !hlo Ie r:.1 -W pi tr8m5• p q! -A iti to t)d c: -r i tii anrana +"41 sl or alOncy �Ljnd (pose. C N U U) N U N C C m U Pagel of 2 to Event 10: 2016-130220 Call Ref tk 850 DISTURBANCE MUSIC at 719 W 19TH ST Exhibit 11Crr Related Names Last, First, MI Suffix Type Race Sex HT WT Eyes DOB Age Home 1 Mobile Ph Work Ph CALL 0 C Addrdl Oln St: 01n: Notes: U �w C • C Page 2 of 2 (n -Iq2- Radio Log Close Unit Empl ID Type Description Time Stamp Comments Code User 113 P630 D Dispatched 12104116 01:28:51 Stat/Best: 0181 CEDIL E 113 P630 E En -Route 12/04/16 01:29:00 Unit:113 113 P630 C Cleared 12/04116 01:34:48 UNF Unit:113 Event Log Close Unit EmplID Type Description Time Stamp Comments Code User TR Time Rucalveu _ 12/04116 00:59:27 Bv: PHONE GREEL C ENT Entered Street 12/04/16 00:59:31 THE HOLIDAY GREEL C CHG Changed Street 12/04118 00:59:36 THE HOLIDAY —> 719 W 19TH ST GREEL C ENT Entered AddSt 12/04/18 00:59:37 (S) (N)4322X GREEL C ENT Entered Nature 12/14/16 00:59:40 DISTURBANCE MUSIC GREEL C ENT Entered CellerName Ca 12/04116 00:59:46 GREEL C ENT Entered CallerPhone 12/04/18 01:00:00 M GREEL C VCHS Viewed Call History 12/04/1801:00:55 Location Information GREEL C ENT Entered CallerAddress 12/0418 01:02:59 — GREEL C ARM Added Remarks 12/04/1601:03:23 GREEL C FIN Finished Call Taklnq 12AW16 01:03:23 GREEL C RECO Unit Rao Btn Click 12104/16 01:28:41 Unit recommend for DISTURBANCE MUSIC at 719 W 19TH CEDIL E RECO Unit Recommendation fl 12/04116 01:28:45 Plan: CMPD Cat: 1P Lvl: 1 CEDIL E RECO Unit Recommendation fl 12/04/16 01:28:45 Reomnd:113 rPATROL) CEDIL E ARM Added Remarks 12/0418 01:34:46 Unit:113 Related Names Last, First, MI Suffix Type Race Sex HT WT Eyes DOB Age Home 1 Mobile Ph Work Ph CALL 0 C Addrdl Oln St: 01n: Notes: U �w C • C Page 2 of 2 (n -Iq2- Exhibit Costa ////[ es,� Chamber of Commerce December 14, 2016 RE: Holiday 719 W. 191h St. Costa Mesa, CA 92626 To whom it may concern: The Costa Mesa Chamber of Commerce is fully supportive of the business use of the classic cocktail lounge Holiday, a member in good standing. First some important background information. The Managing Partner of Holiday, Marty Kish is a Iocal citizen, born and raised in Orange County. Marty additionally managed sales for Costa Mesa based Vestal International for more than 15 years. He knows and appreciates Costa Mesa. His business partner, Javier Vasquez, works with Kish in both Holiday and the near -by neighborhood cocktail bar Casa, as well as serving as CEO for Miguel s jr. restaurants, including the one in Costa Mesa. Moving forward, Kish and Vasquez want to continue the operation of Holiday with the live music that has operated in this venue dating back to the Lion's Den days in the 1970s and from which they purchased the business in good faith. Since then, Kish and Vasquez have addressed many neighborhood concerns by seeking expert consultations, voluntarily adding additional sound -proofing both internally and externally, improving the look and cleanliness of the property, and repeatedly instituting sound testing to make certain that any surrounding community regulations are satisfied. It is additionally our understanding that the Costa Mesa Police Department and the staff dealing with Holiday from the City of Costa Mesa, have found that they are operating within all of the guidelines set-up for this business. This is a great location, with quality local ownership looking to do the right thing, situated in a perfect part of town for this business use. The Costa Mesa Chamber of Commerce is proud to support Holiday and will make ourselves available for any questions or concerns. Sincerely, Eileen Benjamin 96W"( % CEO Thomas H. Johnson ���,��� President 1700 Adams Avenue, Suite 101 o Costa Mesa, CA 92626 - (714) 885-9090 • FAX (714) 885-9094 • www,costamesachomber.com www.facebook.com/CostaMesoChamber • www.twitter.com/cm_chamber STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL I Exhibit ALCOHOLIC BEVERAGE LICENSE VALID FROM Nov 01, 2016 TYPE NUMBER DUP 48 547675 AREA CODE 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 92614 BUSINESSADDRESS DRA: LIONS DEN (IF DIF FEREN'1 715; -?1-23 W 19TH ST COSTA MESA, CA 92627 OWNERS: MAISON WEST 19TH STREET, LLC IMPORTANT INFORMATION EXPIRES Oct 31, 2017 RENEWAL CONDITIONS EFFECTIVE PERIOD: This license is effective only for the operating period shown above. A new license will be sent 4 to 6 weeks after the Ox;irr,jIlor date on your license if payment is timely. Your license status will remain in good standing for 60 days after the expiration date If the renewal payment was received timely. To check the status of your license, visit http://www.abc.ca.gov/datport/LQSMenu.html. RENEWAL NOTICES: Renewal notices are sent to premises address unless a specific mailing address is requested. If a noticeis not received 30 days before expiration date shown above, contact the nearest ABC office. To assure receipt of notices, advise your local ABC office of any change in address. RENEWAL DATES: 11 is the licensee's resflansibility to nay the required renewal (ee by the expiration data shgwq a; cc ,e A Penalty is charged for late renewal and the license can be automatically revoked for failure to pay. RENEWAL PAYMENTS: Renewal payments can be made in person by visiting your local office or sent by mail to ABC Headquarters, 3927 Lennane Drive, Suite 100, Sacramento, CA 95834. If you do not have your renewal notice, your license number and the reason for payment (ex. "renewal') must be clearly indicated on the check. You can contact your local ABC office for your renewal fee amount. SEASONAL LICENSES: 11 1 he license ' Fevay the required renewal Fee arior to the nit oin e ra inr� peri�c_. POSTING: Cover this license with glass or other transparent material and post it on premises in a conspicuous place. CONDITIONS: A copy of all applicable conditions must be kept on premises. LICENSEE NAME: Only 10 names will be printed on each license. If there are more names associated with the license, they will be indicated by "AND XX OTHERS". All names are on file and available upon request from your local ABC office. DBA: If you change your business name please notify your local ABC office. If you have any questions regarding this license, contact your local ABC office. You can find the contact information for each district office at hftp://www.abc.ca.gov/distmap.htmi. NOTE: CONTACT YOUR LOCAL ABC OFFICE IF YOUR LICENSED PREMISES WILL BE TEMPORARILY CLOSED FOR MORE THAN 15 DAYS OR WILL BE PERMANENTLY CLOSED. Page 1 License Serial# 1323552 ANGELO J PALMIERI (1928-1998) ROBERT F WALDRON (1927-1998) MICHAEL J GREENE' ELISE M KERN OaNNW W GtIAN' MEL ISA R PEREZ DAVID D PARR' MICHAEL I KEHOE CHARLES H KANTER' CHADWICK C BUNCH PATRICK A HENNESSEY ANISH J. BANKER DON FISHER RYAN M PRAGER WARREN A WILLIAMS ERIN BALSARA NADERI JOHN R LISTER ERICA M. SOROSKY MICHAEL H LEIFER JERAD BELTZ RICHARD A SALUS JOSHUA J MARX NORMAN J RODICH ERIN K OYAMA RONALD M COLE KATHERINE M SHAW MICHAEL L O'ANGELO BRIAN GLICKLIN STEPHEN A SCHECK CAROLYN H CLARK DONNA L SNOW M OMAR HASHIM RYAN M EASTER NAZANI N TEMOURIAN ALAN H WIENER', OF COUNSEL ROBERT C IHRKE, OF COUNSEL GREGORY N WEILER, OF COUNSEL MICHAEL C CHO. OF COUNSEL JAMES E_ WILHELM, RETIRED DENNIS G TYLER', RETIRED 'A PROFE9810NAL GORPORATION Mel Lee, AICP Senior Planner City of Costa Mesa (Planning) 77 Fair Drive Costa Mesa, CA 92628 PALMIERI TYLER A T T O R N E Y S A T L A W December 14, 2016 Re: 1-1olldav Bar ABC. Status Dear Mr. Lee: Exhibit "F" P.O. Box 19712 Irvine, CA 92623-9712 Michael C. Cho Direct Dial (949) 851-7268 Direct Fax (949) 825-5425 mcho@ptwww.com Refer To File No 38356-000 Document I D 19710091 I wanted to get back to you on Council Member Genis' questions on the status ABC license as well as respond to Mr. Chan's incorrect preemption statements, 1. Status of the I lot iday ABC license. The license is in good standing with the ABC. To my knowledge there is no pending enforcement action against the licensee for any type of violation, condition or otherwise. To this end I spoke to a Supervising Agent at the ABC yesterday and she did not indicate there was any ongoing problem, violation or pending accusation. 2, Separute iurisdictiom. The ABC license is governed by the ABC. The California Constitution Article XX, Section 22 authorizes the regulation of alcohol by the Department of Alcoholic Beverage Control ("ABC") subject to the laws promulgated under the California Business & Professions Code, Sections 23000 et seq. Contrary to Mr. Chan's assertions that the City of Costa Mesa is preempted by state law, the truth of the matter is that each jurisdiction, the City and State are subject to their particular rules and regulations. Here the City is subject to the noise standards of the Municipal Code and the ABC the Business & Professions Code as well as conditions imposed on a licensee. Enforcement would be by each jurisdiction. For example the City would not be the agency to enforce the ABC conditions nor the ABC to inforce the Municipal Code. I would suggest conferring with the City Attorney on the preemption issue. 1900 Main Street, Suite 700, Irvine, CA 92614-7328 1 T 949.851.9400 1 F 949.851.1554 1 ptwww.com PALMIERI TYLER Mel Lee, AICP December 14, 2016 Page 2 Exhibit 3. ABC Conditions. As is public record and constantly reiterated by Mr. Chan, the licensee is subject to conditions imposed by the ABC. This has never been contested by Holiday. Enforcement or non -enforcement of the existing conditions is a matter determined by the ABC and the ABC alone. Again, I can state for the record, that I do not know of any pending action by the ABC relative to violations of the ABC conditions that rise to the level of filing an accusation against the licensee. I hope this helps answer Council Member Genis' questions. Please let me know if you, staff or Council Member Genis has any further questions regarding the ABC license. Very truly yours, icliae! C. Cho MCC cc; Marty Kish (email only) 1971009.1 ` 1 TO, , City Council Hearing January 3, 2017 Uphold Planning Commission 5-0 Approval of PA - 16-55 • on September 1 2, 2016, Planning Commission approved PA -16-55, Conditional Use Permit to allow Valet Parking and Live Entertainment • On September 19, 2016, Council Member requested Review of PA -16-55 for reasons listed as "neighborhood concerns re noise and ABC license" • Active Public Entertainment Permit expires November 10, 2017 • Active ABC License expires October 31, 2017 • Both Permit and License are renewed annually • Currently in compliance and no violations Objectives and Policies of Draft 2015-2035 General Plan GOAL OSR-4: Extensive Arts and Culture Programs and Services • Objective OSR-4: Support performing and visual arts programs, facilities, and activities that stimulate the minds and intellectual thinking of community members to increase awareness of the City's motto, "The City of the Arts." — Policy OSR-4.C: Encourage additional indoor and outdoor facility spaces citywide to display public art and host arts and culture special events. — Policy OSR-41: Support arts activities, programs, events, and facilities for patrons to enjoy and share experiences, that enhance the City's economic vitality. Tradition of Live Entertainment and DJ for 50+ Continuous Years • July 15, 2]16 - Present: Holiday (in operation for close to 6 months) Current Capacity 223 • History: Capacity 425 - 1963: Colorado Mining Company, Cocktail Lounge with Live Entertainment and a Dining - 1970s: Ronstadt's, Live Entertainment venue owned by Linda Ronstadt - 1980 -2014: Lion's Den, DJ Music, Dance, and Club Bar, Live Entertainment Holiday Lounge decreases capacity by 202 w Yt Classic. Hollywood - Speakeasy it -of �_ �1 r - Team Overview Holiday Management Team Majority of Management are Costa Mesa Residents Mike Kinsella General Manager oQ - Rob Arellano Director of Marketing Dave Doyle Director of Promotions Gene Brezeale Director of Entertainment Maison West 1 gt" Street, LLC - Marty Kish Managing Partner Responsible Operations - Implemented security plan approved by Costa Mesa Police Department j - Parking program to monitor parking areas - Lighting upgrades to parking areas - LEAD training for all staff that handle liquor Has Attended and Completed the Department of Alcoholic Beverage Control's Licensee Education on Alcohol and Drugs Alcohol Seller/Server Training Program T.®r�r DZ of ming Exterior Before (Lion's Den) Exterior After(Holiday, Night) 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 Rear Elevation (Holiday) • Waste bin and storage units were removed after construction was completed • Rear and front parking have been repaved and re -slurried 00 00 1 Rear Elevation • Parapet added to screen AC vents both from visual and noise pollution 3tic I to SOUTH / REAR ELEVATION • Insulation added to South and East wall • Doors and seals replaced / Solid wood core doors • Security personnel stationed at rear doors and patrolling parking lot Holiday Floor Plan No outdoor patio I� II I I li I I I I I I I I O I PRAIE ❑ ❑ LOUNGE � ❑ ❑ F.` ❑ ❑ na I Q PKA.SEI HOLIDAY Q WAMNG 101 FEE ■ t . IW ■ A ON WAMNG Interior Before (Lion's Den) t 1 Interior Space • Applicant has made improvements to bring the entire space to code • Entire space renovated • Upgraded plumbing and N electric systems ADA accessibility consultant retained to ensure compliance • Installation of two ADA compliant restrooms $50,000 spent on Sound Er Noise Mitigation $50,000 on completed Improvements: - Installation of enclosures for exhaust fans - Upgrades to venting and AC to 1 ensure that vents do not leak noise Uj - Upgrades to doors and seals for sound proofing Upgrades and installation of insulation to Holiday's south wall - Installation of parapet wall to the south edge of Holiday Installation of a sound level warning device (SoundEar) 0 Sound Ear/Sound Monitor • Device that measures sound • Keeps green if noise levels meet programmed thresholds 0 • Amplifiers are controlled through one system which is monitored by management I • Management can control the entire system from mobile device. Currently this is connected to the Manager's Phone • The proposed condition to work with Code Enforcement provides the City further control on sound thresholds November 6, 2016 Sound Study Results Landrum & Brown conducted a sound study at Holiday between midnight until 1:0o am: • "The measures show that ambient noise levels, predominantly from traffic on 19th Street, are significantly louder than the music levels from the Holiday facility" • Several periods can be seen where the sound level increased inside the Holiday facility, with no corresponding increase in the outside level" • "The music levels from Holiday were lower than the traffic noise levels during the same period" • L&B found Holiday Lounge in compliance with City of Costa Mesa code Aviation Planning at the Leading Edge December 3, 2016 Sound Study Results December 3, 2016 - Gary Hardesty of Sound Media Fusion, LLC conducted a sound study at Holiday Lounge: • Code Enforcement granted a one-time approval to test live music and the specific potential impacts of live music • Code Enforcement was present that evening s • The study concluded that "live music has considerable less low frequency energy compared to DJ and EDM 1 (Electronic Dance Music) music" (p.10) • Study also monitored Center Street and found "the area was very quiet with no sound whatsoever from the lounge" (p.9) • Study recommended acoustical fabric along doors • SMF findings show Holiday Lounge is in compliance with City of Costa Mesa code 0 Collaboration with Community • Neighborhood Outreach has occurred since opening • Code Enforcement - All construction at Holiday has been completed in compliance with all code and permit requirements — Code Enforcement has been made aware this is a sensitive location and has been 1 out to Holiday to ensure that the facility is operating within the City Noise Ordinance — To date, there have been no noise violations I — Code Enforcement observed both noise studies conducted by L&B and SMF • Police - Active communication with Costa Mesa Police Department — There have been no parking or security issues since Holiday opened — Constant monitoring of operations next to neighborhood residential, intersection of commercial to residential zoning from both sides (see police reports provided) • Chamber of Commerce Support letter provided Neighborhood Outreach • Community outreach Open House on April 27th • Invitation extended to all neighbors forJuly 15th Opening Invitations were mailed and hand delivered • Two Decibel Readers purchased - one handheld, one CIO 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 Outreach 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 ce rt i f i ed mail to each individual parcel. The reason for the discrepancy was that there were 10 non- resident owners • As of January 3, 2017, no residents have responded to participate in the noise study or meet with the ownership of Holiday Costa Mesa Communications Event Report Event ID: 2016-130196 Call Ret #_ 626 DateJTime Received: 12MW16 23.24;09 Rpt #k Prime 111 Semces Involved Call Source: PHONE Unit: RANCK. TYRUS (AMU Location: 719 W 19TH 5T (S) (N)4322X POMONA AVE Jur: CAD Service, LAW Agency: CMPD X -ST; STERLING AVE 5t/Beat: D1B1 District: 1 RA: 01 Business_ HOLIDAY Phone: (949) 278-8728 GP: 1101 Nature, DISTURBANCE MUSIC Alarm LSA 1 Priority= 3 Medical Priority r Reclassified Nature: Alarm: Caller: =4000104& Alarm Type: Addr NVehicle #: St Report Only: No Race: Sex Age- Console: DSP4 Call Taker: FRANC_K ® ry Code: 01125 Disposition: UNF Close Comments: Geo -Verified Addr.: Yes Nature Summa Notes: LOUD MUSIC FROM THE BUSN 112/03/16 23:25:46 FRANC Kl the entire night He is currently at the location and says that the b 1 Code grtlorOBrlTt�rtt officer Paul Ramps has been at the f I was t the to ximatef 10 minutes in the parking lot. I Qid nd here W1 vvrlfi code enforCerttehts' regu1a11orrs. There is no crirtte. i was at the location for appro Y Kish who is vher is no and milling to make any necessary adjustments �n order t 12 continue y18 2345 08:11 ij�3/tB 23:41:t8 Usi1:111 I spoke with owner Marty after several atternpts to contact by police and messages eft The repoAing party refused to answer ttve phone Times Tr all W.nr N Ur agwyw) r Y IS'�'X'I�t rx tTl�ttiS 4nd M 10 bo n• r r w" ;luul m agenev - � r 1.'- t - EventID-2016-130196 Call Ref if: 826 Call Received: 12/03/16 23:24:09 Call Routed: 12103(16 23:26:18 Call Take Finished: 12/03/16 23:26:18 1st Dispatch: 12!03!16 23:28:45 1 st En -Route: 1 2103/1 6 23:29:10 1st Arrive: 12/33116 23:30:21 Last Clear: 12/03/16 23:45:14 DISTLNCBMCE MUSIC at 719 W 19TH ST VM516,9=_ 1 000:02:39 Unit Reaction: 000:01:36 (1st D4pateb to 1st Arrive) 000=02:39 En -Route; 000:00:25 (13f Dispatch fa 1s( Err -Route) 000:04:36 (Time Held) On-9cene. 000:14:53 (1st Arrive to Cast Clear) 000:05:01 000:06:12 (Reaction Tena) 000...21:05 Radio Log close Unit Empl ID Type Description Time Stamp Comments Code User 111 P638 D Dispatched 1210311623:28:45 Stat/Beat: D1B1 CECIL E 113 P630 D Dispatched 12/03116 23:28:45 S VBeat: D1 B1 CECIL E 113 P630 E En -Route 12/03/16 23:29:10 Unit:113 113 P630 A Arrived 12/03116 23:30:21 Unit:113 111 P638 A Arrived 12/03116 23:32:33 Unit:111 113 P630 C Cleared 12/03/16 23:34:44 AU Unit:113 III P638 C Cleared 12!03116 23:45:14 UNF Unit -111 T N - trent Log (" a Close v Unit Empf ID Type Description Time Stamp Comments code use( TR Time Received 12103/16 23:24:09 By: PHONE FRANC K ENT Entered Street 12-03116 23.25:27 719 W 19TH ST FRANC K ARM Added Remarks 12/03116 23:25:46 FRANC K ENT Entered Nature 12/03/16 23:25:48 DISTURBANCE MUSIC FRANC K ENT Entered CallerName Ca 12/(k3/i$ 23:25;54 TRAM. LEIS W FRANC K ENT Entered CallerAddress 12/03/16 23:26710 72QA CENTER ST FRANC K ENT Entered CallerPhone 12/03/16 23:26:18 7145104988 FRANC K FIN Finished Calf Takinn 12/03116 23:26:18 12/03/16 23:29:02 Unit recommend for DISTURBANCE MUSIC at 719 W 19TH FRANC K CEDIL E RECO Unit Rec Stn Click 11 12W16 23:29:03 Plan. CMPD Cal: 1P Lvl: 1 CED1L ECEDIL RECO Unit Recommendation (1 12/03/16 23:29:03 Recxnnd:311 /PATROL/ E RECO Unit Recommendation Unit -.111 ARM Added Remarks 12/03/16 23:41.18 Unit: 111 ARM Added Remarks 12103116 23:45:08 R Page 2 of 3 Costa Mesa Communications Event Report - rn �,,. l"W UT ltans Vl+tiC1 tN? 1° " _.,1''U1 ,s;o 0e x. ice! x+ WW' *- .. 1�iiuell or agency i2/05r2016 13'47:52 I User ID: WRIGH_M - Pme 1 of 2 Event ID: 2016-130220 Call Ref w: 850 Date/Time Received: 129W1500.59:27 Rpt #- prime 113 lr,vo4ved Call Source: PHONE Unit: GARDNER, ADAM Call Routed: 12104/16 01:03:23 000:03:56 Unit Reaction: 1.11MM Call Take Finished: 12/04/16 01,03:23 Location: 719 W 19TH ST I (Sj (N)4322X 000:09:09 (1s( Dispatch to 1st Ere-Roede) X -ST: POAfOAiA AVE Jur CAD Service: LAIN Agency. CMPD (Torte He" On -Scene: STERLING AVE ' SUBsat: DIB1 District: 1 RA: 01 000:29:33 Business: HOLIDAY Phone: (949) 278-8728 GP' 1101 �s�r. moi. ��a:,,i - tMaiure: DISTURBANCE MU;41G Alarm Lvl_ 1 Priority: 3 Medical Priority: (R"dkn Twee) Reclassrfred Nature: 01 Last Clear: 12/04/16 01:34:48 OD0:3521 caller Alarm: I Add - Phone Alarm Type: Vehicle: St: Report Only: No Race: Se)c Age: N Call Taker: GREEL_C Console: DSP6 Cj Geo -Verified Addr. -- Yes Nature Summary Code: 0025 Disposition: UW Close Comments: Note's: neg 930 112/04/16 01:03:23 GREEL C] I Manager advised lhey will turn down the bass I drove to the area of 720 Center St. where the RP resides and was unable to hear any sounds of music coming from the Holiday Nightclub. 112AW16 01:34:46 Unit: 113] - rn �,,. l"W UT ltans Vl+tiC1 tN? 1° " _.,1''U1 ,s;o 0e x. ice! x+ WW' *- .. 1�iiuell or agency i2/05r2016 13'47:52 I User ID: WRIGH_M - Pme 1 of 2 Tinns Call Received: 12/04/16 00:59:27 Time From Call Received Call Routed: 12104/16 01:03:23 000:03:56 Unit Reaction: (1st Dispatch to fst Arrive) Call Take Finished: 12/04/16 01,03:23 000:03:56 En -Route: 000:09:09 (1s( Dispatch to 1st Ere-Roede) 1s1 Dispatch: 12/04/16 01:28:51 000:29:24 (Torte He" On -Scene: (1st Arr" to Last L:Iesrj,- -... 1st En -Route: 1211W16 0129:00 000:29:33 �s�r. moi. ��a:,,i - 1st Arrive; (R"dkn Twee) r:C v RELEA1SE1DJz Fjj zr_ 01 Last Clear: 12/04/16 01:34:48 OD0:3521 �- - rn �,,. l"W UT ltans Vl+tiC1 tN? 1° " _.,1''U1 ,s;o 0e x. ice! x+ WW' *- .. 1�iiuell or agency i2/05r2016 13'47:52 I User ID: WRIGH_M - Pme 1 of 2 vent ID: 2016-130220 Call Ref 0: 850 DISTURBANCE MUSIC at 719 W 19TH ST 1 0 i Radio Log Close Unit Empl ID Type Description Time Stamp Comments Cade User 113 P630 D Dispatched 12AW16 01:29:51 Stat/Beat: D1 B1 CEDIL E 113 P630 E En -Route 12104116 0129:00 Unit: 113 113 P630 C Cleared 17104116 01:34:48 UNF Unit: 113 Event log Gose Unit Empl ID Type Description Time Stamp Comments Code deer TR Time Received 1210016 00:59:27 By: PHONE GREEL C ENT Entered Street 12/04116 00:59:31 THE HOLIDAY GREEL C CHG Chanqed Street 12104116 00:59:36 THE HOLIDAY —> 719 W 19TH ST GREEL C ENT Entered AddSt 12104/16 00:59:37 (S) (N)4322X GREEL C ENT Entered Nature 12104!16 00:59:40 DISTURBANCE MUSIC GREEL C ENT Entered CallerName Ca 1 ZAW16 00:59:46 CHAN, STEVE GREEL C ENT Entered CallerPhone 12AWI6 01:00:00 9496506698 GREEL C VCHS Viewed Call History 12AWI6 01:00:55 Location Information GREEL C f ENT Entered CallerAddress 12AW16 01:02:59 720 CENTER ST GREEL C ARM Added Remarks 12AW16 01:0123 GREEL C l ► j FIN Finished Call Taking 12104/'16 01:03:23 GREEL C RECO Unit Rec Bin Click 12AW16 01:28:41 Unit recommend for DISTURBANCE MUSIC at 719 W 19TH CEDIL E 1 RECO Unit Recommendation fl 12RW16 01.28:45 Plan: CMPD Cat: 1P Lvl; 1 CEDIL E RECO Unit Recommendation fl 1210411601:2845 Recmnd:113 fPATROLI CEDIL E ARM Added Remarks 12AW16 01:34:46 UWA 13 Related Names Type Race Sok HT WT Eyes DOB Age Home / Mobile Ph Work Ph First, MI Suffix _ast, CALL 0 Addr Oln St: om: Notes: 1 0 Exhibit "D,i Thum:>,c FI. Johnson Prrxidcint f" 1 00 Adams Avenue Suite 101 • Costa Mesa, CA 92626 • 17141 885.9090 -FAX (714) 88S909a - wwv, costamesochamber.corn www•fo-ebook_com/CostoMesoChornber • wvr .Witer,Com/cm clwmbor (Zosta //Re sa Chamber of Commerce December 14, 2016 RE: Holiday 719 W. 191h St. Costa Mesa, CA 92626 To whom It may concern: The Costa Mesa Chamber of Commerce is fully supportive of the business use of the classic cocktail lounge Holiday, a member in good standing. First some impoilant backginmld information. The Managing Farmer ul' Holiday, Marty Kish is a local citizen, born and raised in Orange County. Marty additionally managed sales for Costa Mesa based Vestal International for more than 15 yearc. He linows and appreciator, Cotta Moca, His business partner, Javier Vasquez works with Kish in both Holiday and the near -by neighborhood cocktail bar Cosa, as well as serving as CEO For Afiquer's Jr. restaurants, including the one In Costa Mesa. Moving Forward, Msh and Vasquez want to mntinut, the operation of ffohduy with the live mueic that has operared n this venue dating hack to the Lion -s lien days in the 1970s and from which they purchased the business in good faith. Since Kish C then, and Vasquez have addressed many neighborhood concerns by seeking expert consultations, voluntarily adding additional sound -proofing both internally and externally, improving the look and cleanliness of the property, and repeatedly instituting sound testing to make certain that any surrounding community regulations are satisfied. It is additionally our understanding that the Costa Mesa Police Department and the staff dealing with Holiday from the City of Costa Mesa, have found that they are operating within all of the guidelines set-up for this business. This is a great location, with quality local ownership looking to do the right thing, situated in a perfect part of town for this business use, The Costa Mesa Chamber of Commerce is proud to support Holiday and will make ourselves available for any questions or concerns. Sincerely, rf, Eileen Benjamin CEO Thum:>,c FI. Johnson Prrxidcint f" 1 00 Adams Avenue Suite 101 • Costa Mesa, CA 92626 • 17141 885.9090 -FAX (714) 88S909a - wwv, costamesochamber.corn www•fo-ebook_com/CostoMesoChornber • wvr .Witer,Com/cm clwmbor Holiday adds to the Culture and Revitalization of the Westside LOCALE Los Angeles I San Francisco I San Diego I orange County I La. Vegas I Palm Spring: Daily Pilot Speakeasy -style bar nears opening in Costa Mesa Holiday, New Costa Mesa Cocktail Lounge, Lets You Channel Your Inner �My ar CyKr"fa DWOUFOP TIASDPJAY26,21BIGA11,36 U Westside Costa Mesa Continues to Shine with Addition of Holiday 1920s Inspired Decor. Craft Cocktails, and Late -Night Bites dntta7 3'v: Tamara 3nv so—. or F. 4i.cit Fi.< er3hd of DU! E EIIingio-� ai@�Ionado. �3•r, -_=d, To ex ccn":9,_a ,he st, tr' cockta`-Is of the 1925s vorh a mE,13t cur 3t Fizlivzzlvrinen Rob Arellenof rtPaxrealq David Duyle and Mlkx ainulU pqm lr.E vl al lhx nqw MWway Il&aM lxunge in vwslside Cosh Meza IlCevin Chanp I Dally Pllua N�Nmdln-Linl Conlpcl Hcpnrlcr diday. a new har and lounge in Wcv "de C -1a Mem. 6 going for vvdage. Tucked in a alp mall along Wes igth Sneer, Ih-enue — whieh waL h— laa nlwnn W gnrting H.Ilday. ,vhe everymhi Iza HOLIDAY! ryad�rl R.�Rri. Orange County's newest cocktail lounge, Holiday, is nestled in a sparsely populated shopping center in Costa Mesa. But don't let it's unassuming Conclusion • 50+ years operating as a lounge with live entertainment, DJ music, and dancing • Reduced capacity from 425 to 223 � Applicant in compliance with City of Costa Mesa sound standards • Applicant in compliance with ABC (Michael Cho) • Live entertainment is not intrinsically louder than existing DJ music (Gary Hardesty) Additional Documents for PH -2 TRAYLOR, MARIAN From: Steven A Chan <chan.steven.a@gmail.com> Sent: Tuesday, January 03, 2017 12:25 PM To: GREEN, BRENDA; TRAYLOR, MARIAN; FRENCH, JASMINE Subject: PA -16-55 Documents in opposition Attachments: Exhibit_G.PDF; HolidayRedroom010317.pdf; Exhibit C.pdf; Exhibit_B_redacted. pdf; Exhibit_A.pdf; Exhibit_D.PDF; Exhibit_E.PDF; Exhibit_F_redacted.pdf City of Costa Mesa City clerks office Hello and Happy New Year: The attached documents are for the hearing this evening PA -16-55 Hearing on Redroom/Holiday. Please a) confirm receipt b) that this is appropriate for distribution to the dais members. thanks Steven Chan 720 Center Street CM 92627 Main document plus exhibits A -G, Exhibit H follows in separate email '20q — TRAYLOR, MARIAN From: Steven A Chan <chan,steven.a@gmail.com> Sent: Tuesday, January 03, 2017 12:25 PM To: GREEN, BRENDA; TRAYLOR, MARIAN; FRENCH, JASMINE Subject: Exhibit H and H additional PA -16-55 Documents in Opposition Attachments: Exhibit_H.PDF; Exhibit_H_additioanl.PDF City of Costa Mesa City clerks office Hello and Happy New Year: The attached documents are for the hearing this evening PA -16-55 Hearing on Redroom/Holiday. These are individual letters from parties expressing their opposition to the granting of Live entertainment to the Redroom/Holiday establishment. Please a) confirm receipt b) that this is appropriate for distribution to the dais members. thanks Steven Chan 720 Center Street CM 92627 1 6 9 10 Il 1, li 14 15 1 c`� 17 1X 19 ,4 25 16 Center Street Neighborhood Costa Mesa, CA 92627 Primary S Chan Twelve Pages Total plus Exhibits A -G IN THE COSTA MESA CITY COUNCIL REVIEW OF PLANNING COMMISSION APPLICATION PA -16-55 HOLIDAY (FORMERLY LION'S DEN AND MAISON) Argument in support of Overturning the Planning Commission 9-12-16 Approval of the Request for Live Entertainment PA -16-55 January 3, 2017 City of Costa Mesa City Council Public Hearing Preamble Request to Remove Applicant's Amplified Music Use Permissions Request to City to file violation notice of Applicant's License Condition #2 with the Department of Alcoholic Beverage Control Request for Abatement of Applicants' Nuisance Behavior (verbally requested at hearing 11 - 15-16) { Applicant, the Pange Family Trust (hereafter "Holiday") applies for a Conditional Use Permit (hereafter "CUP") to allow live entertainment in their facility licensed by the California Alcoholic Beverage Control (hereafter "ABC") within 10 feet of residential zoned property. Center Street residents against Corruption (hereafter "CAC") oppose the issuance of the CUP as conditioned and proposed, and request the City of Costa Mesa (the "City") officially notify ABC that applicant is in violation of the License conditions, abate the nuisance in our neighborhood, and immediately strike the allowance of any amplified entertainment at the facility. Lastly, CAC objects to continuing unlawful operation of the premises, which is facilitated by the City of Costa Mesa's over-the-counter issued "Public Entertainment Permit" noise condition Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust tied to the municipal Noise Ordinance that a) directly and improperly dilutes the State of 'I California's Alcoholic Beverage Control fugitive entertainment sound prohibition, and b) in so� doing presents a clash in nuisance determination resulting in enforcement fingerpointing and the t# 5 undermining of legitimate nuisance complaints. 6 Enforcement of Nuisance is a Police Power of the City of Costa Mesa i j In one of the first local ordinances attempting to regulate the public nuisance aspects of ! j alcohol retailers, the city of Oakland passed the first "Deemed Approved Ordinance" in 1993. 9 This ordinance was challenged by local alcohol retailers tip to the California Court of Appeals.' ' 144 10 One of the grounds used for the challenge was that local enforcement efforts were preempted by 11 the state's exclusive licensing authority and interfered with their grandfathered rights to sell 12 13 alcohol. The Court of Appeal rejected this argument, and noted there was no interference with 14 grandfathered rights because the city "retained its authority to abate nuisances..." and "that "[n]o i 13 business—not even an alcoholic beverage sales establishment regulated by state law—has a vested right to conduct its business in a manner that attracts public nuisances and encourages 17 criminal activities near its premises." The court reasoned that the city: 1S "...already has this authority [to abate nuisance]—independent of [the 19 0. deemed approved] ordinance—which it may use in appropriate cases in the ? I proper exercise of its police power.] 22 See Exhibit A "THE CITY OF LOS ANGELES' AUTHORITY TO REGULATE ALCOHOL EE ?3 € RETAILERS: Response to the Los Angeles City Office of Zoning Administration and Planning € 24 ' Department pages 6-7 j 2i 26 27 i 1 City of Oalcland i� Superior Court, 47 Cal. App.4`h 740 (1996), review denied by the Califomia Supreme Court. Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust 2 `" Z.I V - 10 11 13 14 15 16 17 I'll, 19 ?I 23 ?4 The City's Nuisance Enforcement Refusal is Based on Policy Repeated complaints by residents of the applicant's premises operated in violation of the ABC Operating Conditions have been stonewalled. Various officials state a mantra that the ABC "must enforce their own conditions" (see Exhibit B) These statements and conclusions originate in the premise that the applicant complies with the local noise ordinance definitions of decibel levels allowed. These allowances frustrate and thwart the ABC operating restrictions facially. Applicant has demonstrated clearly by their own behavior they have no intentions of complying with the liquor license operating restrictions.. These are not facts that support a finding in support of further entertainment expansion at the applicant's premises. The Noise Ordinance is preempted by the ABC Operating Restrictions The City of Costa Mesa issued an `over-the-counter' "Public Entertainment Permit" ("PEP) to the applicant. The PEP contains conditions, one of which states that "Music volume mast be within the Noise Ordinance." The ABC issued license contains "Operating Restrictions', one of which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." Since the ABC has expressly prohibited fugitive entertainment sound from leaving the facility, the city of Costa Mesa is preempted from regulating these aspects (audible component of entertainment provided) of selling liquor at these premises. ' The Operating Restriction springs from Rule 61.4, a longstanding rule promulgated by the ABC.' The CMPD has a duty under Section 25619 to Enforce Provisions of the ABC Act The City of Costa Mesa through its police powers and under Section 25619 has a duty to enforce provisions of the ABC Act. The State Attorney General pointed out "peace officers have general I obli26 gations that go beyond their duties to a particular agency."He states "Every peace officer is 27 }y I1t_[h. alcohoIroIievnid corm lid 1: Po 14:1 _Q4I-i6-I) if see page 6 ' Italnlis Qroccr% Cy+. Reimel. 011 Cal,. til 172 - Gil: Supr: me Couit N68 establishes [lie " strong presumption of regularity accorded administrative piles and regulations." Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust -2-11- 3 ,1 6 4 10 Il l� 13 14 1 10 1` Ix 19 ,l obliged to enforce the Alcoholic Beverage Control Act and report every violator, and failure to do so is a misdemeanor. (Bus. & Prof. Code, § 25619.)' It is clear by the applicants' own acoustical experts' oral and written testimony, as well as the adjacent residential neighbors constant complaints during the operating hours of the establishment, that the applicant has not contained the audible component of entertainment provided to the area under their control. Thus it is incumbent upon the City's police department to notify the ABC through its official channels that the applicant is in violation of the operating restrictions upon the license. These are not facts that support any expansion of entertainment to be provided at the establishment. The Establishment is Interfering With Quiet Enjoyment of Adjacent Residences The establishment violates S 13-283 of the Noise Ordinance which states : It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area, regardless of whether the noise level exceeds the standards specified in section 13-280, Exterior noise standards, and section 13-281, Interior noise standards. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following: (a)The level of noise; (b)Whether the nature of the noise is usual or unusual; (c)Whether the origin of the noise is natural or unnatural; (d)The level and intensity of the background noise, if any; (e)The proximity of the noise to residential sleeping facilities; (f)The nature and zoning of the area within which the noise emanates; (g)The density of the inhabitation of the area within which the noise emanates; (h)The time of the day and night the noise occurs; (i)The duration of the noise; (j)Whether the noise is recurrent, intermittent or constant; (k)Whether the noise is produced by a commercial or noncommercial activity; and (])The density of the inhabitation of the area affected. At-,rellmt [list. 3rd Did- W'Yi at 580. Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust 4 -'212-- I (Ord. No. 97-11, § 2, 5-5-97) The applicant is a commercial entity which has a state -imposed sound prohibition. The i 6 y "noise" is a low frequency bass that emanates from the property into and onto the adjacent residences. The frequency is sometimes noticed as accompanied with a vibration, and is the bass component of music entertainment that is provided in the sale of alcohol. The noise is highly unusual (unnatural) and takes place between 9pm and tam, when adjacent residents desire to be sleeping peacefully. In addition to this noise, the establishment is sometimes host to raucous, screaming, yelling crowds. When the establishment approaches the 2 a.m. closing time, these intrusions are especially evident. Under CCR's Rule 61.4, the adjacent residences are ten feet away. The adjacent residences are primarily single family homes and a few duplexed properties. The background noise diminishes during the same period of 9pm to tam. The operation of the premises over the last five months has established a clear pattern of conduct. See Exhibit C. These facts do not support expansion of the establishment's activities, and the current activity level is a nuisance and is disturbing the peace and quiet of the residential neighborhoods to the north, west, and south of the establishment. The Establishment has not Complied and has not Demonstrated Compliance, with Applicable State Laws, a Proposed Condition of Approval During the 9-12-16 Planning Commission hearing, Planning Commissioners `carved out' proposed condition #23 on handwritten page 40, claiming "#5 covers us on the state law ."(on handwritten page 40) Since the applicants' operations consistently allow fugitive entertainment '5 !1. sound emissions from the facility, the establishment is in violation of the terms of the license, and are selling liquor unlawfully. Any of the City's Ordinances or permitting schemes requiring the business operate in compliance with state regulatory laws and rules has already been violated. Argumentin Support of Denial ofApplicat! on for Live Entertainment by Pange Family Trust 5 I This does not support the issuance of a CUP for live entertainment. 7 I Mansion on Baker and the Surrounding Residents should be given Public Notice f I If the City approves the application for live entertainment conditioned to thwart, frustrate, i evade, or dilute the ABC operating restrictions on the applicants' liquor license, then other f, ?7 23 24 establishments in the City similarly situated should have a similar right to apply for CUP's with conditions that also contradict, frustrate, or thwart ABC Operating Restrictions. The nightclub called Mansion, on Baker Street, also has similar Operating Restrictions. See Exhibit D. Residents adjacent to that nightclub might also have an interest in Public Notice for this potentially far-reaching decision. Costa Brava Should be Allowed to Modify their Entertainment if Approved If the City approves the application for live entertainment in contravention of the ABC operating restrictions on the applicants liquor license, then other establishments in the City similarly situated should have a similar right to apply for CUP's with conditions that also contradict, frustrate, or thwart ABC Operating Restrictions. The restaurant called Costa Brava, i directly next door to applicants' establishments on 19th Street, also has identical Operating I Restrictions on containment of their audible components of entertainment. See Exhibit E. Residents adjacent to that restaurant might also have an interest in Public Notice for this potentially far-reaching decision. The Applicant has the Burden of Proof The City of Costa Mesa Municipal Code contains Ordinance No. 13-08. At (See2-303(6)), it states the applicant has the `burden of proof...' to support the appeal decision: If the original decision being appealed involved issuance of any permit, license, or other entitlement or approval or requested some action by s II the city, the applicant for the original decision shall have the burden of proof Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust _21A_ 1 to support the granting of the requested issuance, approval, or action at the appeal. I The proof offered by the applicant does not provide any facts to support that they will not impair 6 8 9 10 12 13 14 l 16 17 15 I () 20 the character and value of the adjacent neighborhood, or that they are not operating illegally. These facts do not support a finding to expand entertainment at the establishment. The Applicant's Proof is that they have not complied with State Laws Several acoustical experts have weighed in on the premises and the intrusive base emanating from the facility. Mike Holritz of Landrum and Brown offered this statement: "Its probably not feasible or even possible to completely stop db bass notes from getting out of the building, but we can meet the noise ordinance level."' . Gary Hardesty of Sound Media Fusion, LLC. conducted a study December 3, 2016, and noted "And more noise (low frequency) was getting out through two rear doors."' It is thus indisputable that fugitive low frequency bass is and has been emanating from the building, in direct contravention of the Operating Restrictions on the ABC -issued liquor license. The establishment is clearly operating in violation of the Operating Restriction of the ABC license, hence "unlawfully." This is supported by the applicants' own actions of striving to comply with the Costa Mesa Noise Ordinance (though in violation of the liquor license conditions). The applicant has operated in non-compliance with the state license since they opened, ( a period of over 5 months) as evidenced by residents' noise complaints about the "bass." Their violation of the license terms is also evidenced by statements of their own acoustical `experts'. These violations have placed the applicant in violation of California Penal Code Sections �r `See the City of Costa Mesa video on demand record of the September 12, 2016 Planning Conunission hearing at timecode 1:47:37 h See http ' %� ��,ev.�t�slanw�aua. u�'flo ccutncila«enda 2017 2017-01-t1 +! P1 1 -2 -Attach -1 I .null' handwitten page 188 bullet #3. Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust 7 S 9 10 10 17 I 19 11200-11107 Article 1. Unla" uI l.i a rr Stile PAb,2tcmcw Law. Penal Code section 11200 provides that, "Every building or place used for the purpose of unlawfully selling, serving or giving away any spirituous, vinous, malt or other alcoholic liquor, and every building or place in f I or upon which such liquors are unlawfully sold, served or given away, is a nuisance which shall be enjoined, abated and prevented, whether it is a public or private nuisance." And "one is "unlawfully selling" alcoholic beverages if one is selling them out of hours, to minors, or otherwise illegally..,"' Violations of the Liquor Sale Abatement Law are grounds to overturn the Planning Commission CUP decision of 9-12-16. The Operation of the Premises have resulted in numerous complaints to CMPD Since the applicant's premises opened in July 2016, numerous calls to CMPD have been made complaining of the fugitive entertainment noise in adjacent properties. See Exhibit C. These calls have been made on Thursday, Friday, Saturday and Sunday nights and mornings between the hours of 9:15 p.m. and 2:00 a.m. All of the calls are complaints of fugitive entertainment sound prohibited on the face of the liquor license as "operating restrictions." The ongoing non-compliance resulting in bass emanating through adjacent residential property are grounds to overturn the Planning Commission CUP approval given on 9-12-16 to the applicant. The Applicants' "Attorney Letter" Rebuttal Applicant has supplied a letter written on Palmieri Tyler letterhead purporting to portray the standing of the applicants' liquor license with the licensing authority. Please see handwritten pages 201-202. Careful parsing of the letter is required. The letter contents prompted an exchange with Agent Daniel Plotnik of the Santa Ana office over the contents of the letter since a verified Accusation against the licensee for violation of the Operating Restrictions was presented to the agency after the September 12, 2016 Planning Commission hearing. (The applicant was supplied ' I I 1?gUL)1c v. ScIiIind%ich._193'aC ]. Ayu.4tb 1 i 2 -Cal: CLti'<ofAI)Ii ),:aI.2nd Ail p llatc Dist..3rd Dig. 2011 at 1144 Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust - 2 t (D- 8 0 a copy of the verified complaint prior to its submission to the ABC, and the applicants' attorney Michael Clio was in the Santa Ana ABC office when the verified complaint was received and date-stamped September 21, 2016.) As can be seen in Exhibit F, the investigation triggered by the verified complaint continues and is open. At its most severe, the violations of the Operating Restrictions of the liquor license may result in revocation of the license. This is not a fact in support of approving the Planning Commission decision granting a live entertainment CUP to the applicant. Practices of a Small Sample of other (General Law) Cities in Southern California A telephone survey was conducted with the cities of Laguna Beach, Covina, Orange, Lake f Forest, Concord, and Artesia. In this survey, the departments under whose remit similarly situated circumstances was handled, were each queried as to their probable course of action in response to negative impacts similar to the Holiday/Bedroom and Center Street situation. The question was framed as "if a state liquor license holder was the recipient of a CUP and/or a conditioned municipal issued entertainment permit or like instrument, and provided entertainment within the Municipal noise ordinance but in excess of an ABC -license imposed sound prohibition, and generated nuisance calls from adjacent residents, how would the department handle the situation." In each case, the city was approached as if an existing establishment was being evaluated for acquisition, and the questions were part of due diligence. In each and every case, the staff of each city stated the ABC would be brought in. Some cities were much more adamant than other when confronted with `cajoling' or `persuasive' efforts to define strong allowances for the business vis a vis the residential sector impacts, and each city's staff made it clear that unless outside an `entertainment district' (if present), the quiet enjoyment of residents was important and warranted enforcement diligently. When, as in this situation when there is a clear disturbance of adjacent residents that Argument in Support of Denial of Application for LivTe'�Entertainment by Pange Family Trust 21 1 9 beverages.' The directive was prompted by a 1990 Superior Court writ invalidating l alcohol -specific conditions imposed on a Pacoima food market ("Pacoima decision").` The conditions included restrictions on hours and days of sale, sale of single cans and bottles, size of products, refrigeration of products, amount of retail floor space devoted to alcoholic beverages, and age of clerks. The city had imposed the conditions to mitigate nuisance activities at and surrounding the market. The position stated in the 1996 Prohibited Conditions Memo has been recently reaffirmed in two instances, with the first being in a January 7, 2014, Letter of Clarification issued by the Los Angeles Office of Zoning Administration.' At issue was a voluntary operating condition agreed to by a new Sprouts Farmers Market restricting it from selling malt liquor, fortified wine, and single bottles of beer. The market souIn ght clarification from the city, arguing that the product restrictions should not include sales of craft beer in bottles in excess of 20 ounces since craft beer should not be considered malt liquor.4 The Zoning Administrator opted to strike the condition entirely, as directed by the Prohibited Conditions Memo, stating that it "has no direct authority to regulate or enforce conditions assigned to alcohol sales or distribution." The Letter of Clarification made no distinction between the Pacoima case, involving nuisance abatement conditions imposed ,ori a pre-existing market, and Sprouts Farmers Market, involving the issuance of a Conditional Use Permit ("CUP") for a new business. The City reaffirmed its position again in a letter dated January 9, 2014, from the Planning Department to the Venice Neighborhood Councils The Neighborhood Council had requested clarification from the Planning Department regarding what conditions can and cannot be legally included when approving a CUP for alcohol retailers. Citing directly both the 1996 Prohibited Conditions Memo and Pacoima decision, the Planning Department responded that it is preempted by state law from imposing the conditions listed in the two documents. IV. REBUTTAL SUMMARY ' Memorandum from Robert Janovici, Chief Zoning Administrator, Los Angeles City Planning Department, to All Zoning Administrators (May 16, 1996) (on file with author), ' Pacoima Food Market v. City or Los Angeles, Superior Court of Los Angeles County, No. C753794 (Peremptory Writ of Mandate of mandate filed May 24, 1990). Letter of Clarification from Maya E. Zaitzevsky, Associate Zoning Administrator, City of Los Angeles, to Seth Brown, Sprouts Market, Regency Centers Corporation, and Terri Dickerhoff, CGR Development (January 7, 2014) (on file with author). Letter from Terri Dickerhoff, CGR Development to Maya Zaitzevsky, Office of Zoning Administration, Los Angeles Department of City Planning (December 18, 2013) (on file with author). s Letter from Tent' P. Kaufinan Macias, Managing Assistant, Land Use Division, City of Los Aneles, to Linda Lucks, President, Venice Neighborhood Council (January 9, 20000) (on file with author). 2 —2-18- The Los Angeles Office of Zoning Administration and Planning Department are incorrect in their conclusion that it does not have any authority to impose alcohol -specific conditions on alcohol retail outlets because their analysis: 1. Overstates the breadth of the state's alcohol licensing authority, particularly as to new businesses subject to the City's CUP process, while ignoring more recent case law and legal analyses that supersede and clarify the 1990 Pacoima decision; 2. Ignores the practices and progress made in other local California jurisdictions; and, 3. Fails to recognize the need for a comprehensive policy that can fully articulate and exercise local authority, instead relying on an ad hoc strategy that undermines that authority. V. SUMMARY OF RECOMMENDATIONS To overcome concerns of express alcohol regulation the City needs to update its legal analysis to provide a clear statement of local authority, conduct a review of policies and practices adopted by other California cities and counties, and assess the alcohol-related problems faced by neighborhoods in the City. Based on these analyses and reviews, the City should formalize a comprehensive program to reduce problems associated with alcohol retail sales. The program should: 1. Articulate how nuisance activities are directly related to alcohol sales thus establishing a clear nexus between local police and zoning powers and the alcohol -specific specific sales conditions; 2. Include an alcohol -specific CUP ordinance that includes standards for determining the number, location, type, and sales practices of new alcohol outlets designed to minimize public health, safety and nuisance problems associated with alcohol sales; 3. Include a Deemed Approve Ordinance (DAO) that establishes public nuisance abatement standards for pre-existing alcohol retail outlets; 4. Establish the administrative mechanism by which action can be taken against alcohol retailers for violations of the CUP and DAOs; 5. Impose a fee paid by alcohol retailers to defray the costs associated with implementing and enforcing the program; 6. Assign a dedicated law enforcement officer, trained in alcohol law enforcement techniques, to administer the policy and enforce its provisions; and — 2-1`1— 7. Establish steps for working with the ABC Department to ensure good collaboration when administering and enforcing the policy. VI. LEGAL ANALYSIS A. The City overstates the breadth of the state's alcohol licensing authority, particularly as to new businesses subject to the City's Conditional Use Permit (CUP) process, while ignoring more recent case law and legal analyses that supersede the 1990 Pacoima decision. 1. Introduction The City's position that it is preempted by state law from imposing alcohol -specific standards on new and existing alcohol retailers appears to be based on the 1990 Pacoima decision by the Superior Court. The decision struck down alcohol -specific conditions imposed by the Zoning Administrator on an existing alcohol retailer as a condition of remaining open. The Pacoima decision has been superseded by more recent court decisions and legal analyses, which clearly give California local jurisdictions much broader, authority to impose operating conditions (including those specific to alcohol) on both new and existing alcohol retailers. Although California state law expressly reserves the authority to license and regulate alcohol sales, this authority is not absolute.' The foundation for local governments' ability to regulate alcohol outlets rests on their police and zoning powers to address land use and public safety problems. This includes the prevention and abatement of public nuisances associated with alcohol availability and the authority to address the impact of alcohol retail outlets on public health, safety, and welfare. State courts have affirmed that the state's licensing authority and local government's land use authority operate concurrently based on the fundamental conceptual difference between the two regulatory activities. As stated in a seminal 1961 case upholding a local government's restrictions on the location of cocktail lounges: "The essence of zoning lies in metropolitan and regional planning; it is the use and treatment of public and private land and its appurtenances in the interest of the community as a whole. The factors and reasons that determine the imposition 'Cal ifomiaConstitution, Art. 20 §22 states "the State of Califomia ... shall have the exclusive right and power to license and regulate the ... sale ... of alcoholic beverages within the State" to the exclusion of cities and counties. 4 — 2-20— of metropolitan zoning are entirely different from those which control the regulation of the consumption of liquor."' Local governments therefore have authority to regulate alcohol outlets and alcohol sales practices so long as the restrictions are grounded in its land use authority and police powers. The extent of and basis for this authority varies based on whether the retail alcohol outlet is a new or pre-existing business, as discussed below. 2. Regulation of new alcohol retail outlets. The state legislature has explicitly prohibited the issuance of new alcohol retail licenses that would violate a valid local zoning ordinance. The relevant statute states: "No retail license shall be issued for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city." R In the early 1980s, many California cities and counties, including Los Angeles, became concerned about the public health and safety issues associated with the overconcentration of alcohol outlets, particularly in urban settings.' In response to the state's minimal limitations on the number of alcohol licenses that could be issued, local jurisdictions began exercising their land use powers through the enactment of CUP ordinances specific to alcohol outlets.'O Today most local jurisdictions have CUP ordinances that limit the geographic location, type, and number of alcohol retail outlets. Many of the CUPs also include restrictions on alcohol -specific selling and serving practices, including those imposed on both the Pacoima Market and Sprouts Farmers Market (see section 4 for specific examples). The ordinances routinely include findings that establish the connection between the regulations, the mitigation of public health, safety and nuisance problems, and the jurisdiction's land use and police powers. This local authority is now widely accepted, and there are no successful legal challenges of a thorough local, alcohol -specific CUP ordinance, at least at the appellate level. As expressly required by the Legislature, and recognized by the courts, the state's authority to license a new alcohol outlet only comes into play if the proposed outlet meets the local government's land use requirements Alcohol -specific conditions, such as restrictions on the types of alcohol to be sold ' Floresta Inc. v. City Council, 190 Cal.App.2d 599, 605 (1961). Cal. Bus. & Prof. Code § 23790. Wittman, F. and Shane, P., Ifanual for Community Planning to Prevent Problems of Alcohol Availability, Sacramento: Calitomia State Dept of Alcohol and Drug Programs (September, 1988). 10 Icl, at Appendix B: Case Studies, pp. 119-140. in the new business, are permissible so long as the restriction is based on the local government's land use authority. The Pacoima decision is not relevant to this issue, since it addresses conditions imposed on a pre-existing retail outlet. The Zoning Administrator's decision to rescind conditions placed on the Sprouts Farmers Market, a new business, is a misreading of Pacoima and an unnecessary limitation on the City's authority to regulate new alcohol outlets. 3. Local Regulation of pre-existing (grandfathered) alcohol retail outlets Although an important first step, CUPS have proven to be an imperfect tool. As noted above, alcohol retail outlets in existence prior to the enactment of a city or county CUP ordinance are exempt (or "grandfathered" or treated as "non -conforming uses"). Local governments cannot require them to obtain a CUP and be subject to CUP conditions so long as they are continuously open for business without substantial change in mode or character of operation. The large majority of a locality's alcohol outlets fit this category. In 1993, prompted by the inability to regulate existing alcohol retail outlets, the City of Oakland enacted the first "deemed approved" ordinance (DAO).' � It exercises authority over grandfathered outlets by requiring they receive "deemed approved" permits and established "public nuisance standards" by which pre-existing retailers must abide in order to maintain their permit. The ordinance gives the city the authority to close the business if violations occur. The standards are monitored by the city through an enforcement and education program financed with a fee paid by all the city's alcohol retailers. The public nuisance standards address land use and public safety issues associated with alcohol sales, such as loitering, increased police calls, noise, graffiti, and drug sales. Alcohol retailers in Oakland challenged the ordinance on several grounds, including that the ordinance was preempted by the state's exclusive licensing authority and interfered with their grandfathered rights to sell alcohol. All of the claims would ultimately be rejected in a decision by the California Court of Appeal, and the decision was left standing by the California Supreme Court when it denied further review. 12 '' Oakland, Cal., Ordinance l 1624 (1993). For a description of the Oakland ordinance and its enactment, see Mosher, J. and works, R., Confronting Sacramento: State Preemption, Conrnnunity Control, and Alcohol -Outlet Blight in Tivo Inner -City Communities. San Rafael, CA: Marin Institute for the Prevention of Alcohol and Other Dn1g Problems (1994). The current ordinance is at Oakland, Cal. Planning Code ch. 17.156. ''- City of Oakland v. Superior Court, 47 Cal. App.4''' 740 (1996), review denied. X --222- The Court of Appeal concluded that the ordinance did not interfere with a business's grandfathered rights because the city retained its authority to abate nuisances and enforce its criminal laws, stating that " [n]o business—not even an alcoholic beverage sales establishment regulated by state law has a vested right to conduct its business in a manner that attracts public nuisances and encourages criminal activities near its premises."13 The court reasoned that the city: "...already has this authority [to abate nuisance]—independent of [the deemed approved] ordinance ---which it may use in appropriate cases in the proper exercise of its police power. The ordinance does not create any new authority empowering the city to halt operation of an alcoholic beverage sales establishment premises. It merely creates an administrative mechanism that may result in a third party taking action against the alcoholic beverage seller—abatement by a court or license revocation by the Department of Alcoholic Beverage Control. ,14 In other words, Oakland was exercising its zoning authority and police powers, which exist separate from and in concert with the state's licensing authority. Left ambiguous by the Oakland decision was the permissible reach of DAOs – to what extent can they restrict the mode of operation in relationship to alcohol sales and service? What is not ambiguous is the court's opinion that the purpose of an ordinance, not its impact, determines whether it is distinct from the direct regulation of alcoholic beverage licensees." A separate line of cases has introduced the distinction between "direct" and "indirect" regulations on alcohol sales, with the fonner being within the exclusive domain of the ABC Department and the latter permissible by local regulation. In 2011, the Court of Appeal, Second District, Division 3 grappled with this distinction in 16 a case involving an action by the Los Angeles City Attorney tinder the state's Unlawful Liquor Sale Abatement Law. L7 The City had imposed the following conditions on Schlimbach (the owner of a pre-existing restaurant and bar): 13Id. at 758, 14 Id. at 757. 'g See ld at 763 — 766. 193 Cal.App.411i 1132 (2011). 17 Cal. Pen. Code § 11200-11207. 7 m Prohibit the employment of individuals who have been convicted of alcohol-related violations; a Require all employees to attend STAR training within six months of employment; ➢ Prohibit the unlawful sale or service of any alcoholic beverage to an obviously intoxicated person; ➢ Require a uniformed security guard when there is live entertainment; D Require the kitchen to be operational and food service available at all hours that the business is open; and Maintain and post signs in English and Spanish that state, "PERSONS UNDER THE AGE OF 21 AND INTOXICATED PERSONS WILL NOT BE SERVED ALCOHOLIC BEVERAGES. Schlimbach appealed a lower court opinion claiming that the provisions were preempted by state law and within the exclusive jurisdiction of the ABC Department. In weighing its decision that the provisions were not preempted, the Appeals court evaluated the relevant line of cases, stating in part (and quoting the Oakland DAO case): "[A] city ordinance addressing nuisance problems associated with alcoholic beverage sale establishments does not improperly regulate preexisting ... licensees." (City of'Oakland a Superior Court (1996) 45 Cal.App. 4th 740, 747, 53 Ca1.Rptr. 2d 120.) While the ABC's exclusive right to regulate the sale and purchase of alcohol ynav prevent a city from enacting " `such regulatory measures as "restrictions as to the class of persons to whom liquors may be sold, and as to the hours of the day and the days of the week during which places of sale may be open," ' " it does not preempt an ordinance that "does not directly affect the licensee's ability to sell alcoholic beverages to a willing purchaser." " The court reasoned that because the provisions did not restrict Schlimbach's right to sell alcohol to a willing purchaser and were intended to prevent future problematic sales and abate nuisance arising from them, there was no improper interference with the jurisdiction of the ABC Department. Even the provision prohibiting sales to obviously intoxicated persons (which clearly affects a licensee's ability to sell to a willing customer and is prohibited by state law) was determined to be within the City's jurisdiction. "Id. at 1 146 (emphasis added) (citation omitted). 2-24— Central to this finding, as well as those cases cited for forming the legal basis of the decision, is the principle that a local regulation is not immediately preempted because it may have an impact on alcohol sales. Rather, a regulation needs to be evaluated with regard to its purpose and connection to the local jurisdiction's land use and police powers to determine whether it improperly interferes with ABC Department authority. The distinction between the "direct" and "indirect" regulation of alcohol is in fact artificial and evolving over time. Clearly DAOs can affect the ability of a retailer to sell to a willing customer; they include provisions that allow a local jurisdiction to close the business entirely if the prohibited public nuisance activities are violated. The Schlimbach court appeared to recognize this ambiguity when it stated that restrictions on hours and days of sale "may" be preempted, a matter the court explicitly stated it was not addressing in its opinion." The crucial issue, as illustrated in Schlimbach by its acceptance of the sales to obviously intoxicated persons condition, is that the local jurisdiction must establish the nexus between the condition and the abatement of public nuisances. As discussed in Section 4, many California cities and counties have extended the reach of their DAOs to include provisions that might previously been considered "direct" regulation of alcohol sales (e.g., types of beverages permitted to be sold) based on the local j«risdictions' determination that the restrictions are necessary and permissible to abate and prevent public nuisance activities. In many instances, these conditions are placed on retail outlets after a violation of the DAO has been determined, are issued to abate the nuisance, and serve as an alternative to outright revocation of the DAO permit. The Chief Zoning Administrator issued the Prohibited Conditions Memo (May 16, 1996), which relied on the Pacoima case, prior to either the City of'Oalcland v. Superior Court or Schlimbach cases. The Pacoima case is clearly dated and does not reflect the evolving legal jurisprudence on this issue. For example, the Pacoima court rejected the city's conditions related to the age of clerks, refrigeration of products, and amount of retail floor space devoted to alcoholic beverages. The reasoning found in the cases following Pacoima suggests these would be treated as "indirect" regulations today, since they do not directly interfere with the retailer's ability to sell to a willing customer. The other conditions, related to hours and days of sale, sales of single cans and bottles, and size of products, were issued as public nuisance abatement measures. Although California courts have not recently ruled on the permissibility of such local restrictions "Indeed, an earlier case had approved hours of sales restrictions applicable to certain alcohol retailers as a means to abate nuisance activities. Korean An:er•ican Legal Advocacy Foundation v City of Los Angeles, 23 Cal.App. 376 (1994). on grandfathered alcohol outlets, many cities and counties are now imposing similar conditions. The evolving jurisprudence suggests that they are permissible and do not encroach on the ABC Department's licensing authority so long as they are clearly connected to legitimate local land use and public safety concerns. B. The City ignores the practices and progress made in other local California jurisdictions. The City's position ignores the successes of other jurisdictions in California with regard to imposing alcohol -specific conditions on retailers. In the wake of City of Oakland, many other local governments in California have enacted ordinances imposing conditions on both new and existing retailers," many of which include fees paid by retailers to cover the cost of implementation and enforcement. While these ordinances vary in scope, the purpose remains focused on reducing nuisance activity associated with the sale of alcohol by retailers. Moreover, the most comprehensive of these ordinances go beyond simply imposing standards that address nuisance activity, and impose standards that directly restrict certain alcohol sales practices at new retail outlets, and existing retail outlets to a lesser degree. Examples of local governments in California that impose alcohol -specific conditions on alcohol retailers include: ➢ Contra Costa County may impose restrictions on the sale of specific types of alcoholic beverages at an existing off -sale retailer that is seeking approval to continue operations after a violation of its DAO.21 n Lancaster gives its planning commission discretion to impose conditions on new retail alcohol outlets that restrict container sizes and hours of operation, ➢ Hayward authorizes its planning commission and city council to impose conditions on new retail outlets related to minimum and maximum container sizes for beer, malt liquor, wine and distilled spirits.23 Hayward also restricts happy hour promotions in new bona fide 24 restaurants. 20 Mosher, J., Cannon, C. and Tretlers, R., Reducing Conrniunity Alcohol Problems Assocaited with Alcohol Sales: The Case of Deemed Approved Ordinances in California. Ventura County Limits, Alcohol & Diug Programs, Ventura County Health Care Agency, (September 2009). Available at http://ventuiacountylimits.org/resource_documents/VC_CommAlcProb_ I upPress_FNL.pdf. 21 Contra Costa County CA Code § 82.38.814. 2222 Lancaster, CA Municipal Code § 17.42.080. 2-' Hayward, CA, Municipal Code § 10-1.2760. 21 Hayward, CA Municipal Code § 10-1.2751. 10 Ix- Huntington Park imposes limits on container sizes for all types of alcoholic beverages and prohibits sales of beer and wine that exceed 14 percent alcohol content by volume. The restrictions are applicable to all alcohol retail establishments." Montebello prohibits new off -sale retails from selling single containers of beer or wine 26 coolers. Orange restricts employees under 21 years of age from working between 10:00 p.m. and 2:00 a.m. at new retailers with motor fuel that sell beer and wine. Additionally, at these locations all containers of alcoholic beverages that are displayed for sale must be secured against public access between the hours of 2 a.m. and 6 a.m., or more restrictive hours as determined by the conditional use permit process .21 n Palmdale's zoning ordinance includes the following provision applicable to new off -sale alcohol retail outlets: "For specific locations or defined geographic areas, the approval authority may restrict alcoholic beverages by container size and type, and/or by strength of alcohol content, where a nexus is demonstrated between such restriction and the public health and safety. ,21 ➢ Pinole restricts new retailers from selling beers or wines that have screw tops in bottles less than 375 milliliters, unless sold in manufacturer prepackaged multi -unit quantities. Also, the sale of liquor in a new store shall be limited to no more than 200 linear feet of display, which shall include the use of multi -tiered shelving not to exceed 36 inches in depth .29 D San Bernardino gives its planning commission discretion to impose conditions on new retail alcohol outlets that restrict container sizes and hours of operation.i0 ➢ San Buenaventura (Ventura) imposes on both new and existing off -sale alcoholic beverage establishments a prohibition on the "sale of beer or malt beverage products in bottles or cans greater than 32 ounces in volume."31 5 Huntington Park, CA Municipal Code § 9-4.203(6)(p). zs Montebello, CA Municipal Code § 17.61.080(A)(7). ' Orange, Cal. Municipal Code § 17.30.030. 2'Palmdale, CA Municipal Code § 92.07(F)(1 1). ze Pinole, CA Municipal Code § 17.59.040. ° San Bernardino Development Code § 19.06.030(2)(B), Section VIII(A). " San Buenaventura, CA, Municipal Code § 24.460.420. 11 ➢ Santa Cruz requires that new "eating and drinking establishments" have a minimum of fifty-one percent of their monthly gross receipts be from the sale of meals, and not include cover or admission charges, or alcoholic beverages sales, during the same period. 32 m Walnut Creels may evaluate and impose conditions on hours and days of operation before approving a new alcohol retailer," ➢ Watsonville prohibits any outlet from selling malt liquors and fortified wine in large containers; it also prohibits drive-through alcohol service and prohibits restaurants from having distinct bar areas .14 Also commonly found in many of these CUP and DAOs are requirements that owners, supervisors, and employees at both new and existing establishments attend responsible beverage service training to remain in compliance. The examples of conditions listed above should not be considered an exhaustive list. As is described in the previous section, local governments have significant authority with regard to the conditions they may impose on an alcohol retailer so long as they are based in their local land use authority and the policy clearly articulates how it addresses a problem that falls within the bounds of that authority. The ABC Department has not only accepted this expanding use of local land use authority, in many instances it has actively cooperated with local law enforcement to insure effective enforcement of both local and state restrictions.35 Notable is the ABC Department's statement in response to an inquiry by the Schlimbach court, that the conditions imposed by the City do not interfere with its regulatory jurisdiction. C. The City needs a comprehensive policy that fully articulates and exercises its local authority, instead of relying on an ad hoc strategy that undermines that authority. Santa Cruz, CA, Municipal Code ch. 24.12, pt. 12. 3a Waimrt Creek, CA Municipal Code. § 10-2.3.121 t. 94 Watsonville, CA Municipal Code § 14-25. 75 See, for example, the City of Ventura's description of its collaboration with the ABC Department littn://www.citvoNcntLIra.netlncL'cotiiniutiiLv ahc. 12 �2_2�� The City clearly recognizes its zoning and police powers, as is illustrated by the authority granted to the Zoning Administrator to approve new alcohol retailers and take nuisance actions against all retailers through its general CUP ordinance. Additionally, the City has an ordinance addressing nuisance abatement procedure for activity commonly occurring near alcohol outlets. 36 The City, however, has taken an ad hoc approach to addressing land use problems associated alcohol retailers — as illustrated by Pacoima Food Market and Sprouts Farmers Market cases. While the actions in both instances came after a formalized process, it was not specific to alcohol retailers and the conditions imposed were not linked specifically to problems associated with alcohol retail sales. The City's approach contrasts with the more comprehensive and carefully crafted policies and programs taken by other local jurisdiction, which establish a nexus between alcohol sales activities and nuisance problems and include alcohol -specific CUP and DAOs. The ordinances set standards for determining whether new retail outlets should be permitted and if so with what operational requirements, and standards for pre-existing retail outlets that reduce the risk of public nuisance activities. For the City to overcome concerns about imposing conditions on alcohol retailers, especially those that specifically address alcohol sales, it needs to establish a comprehensive policy that clearly articulates that its proposed actions are tied to its state -granted land use and police powers. The policy can include the following components: 1. An alcohol -specific CUP ordinance that includes standards for determining the number, location, type, and sales practices of new alcohol outlets designed to minimize public health, safety and nuisance problems associated with alcohol sales; 2. A Deemed Approve Ordinance that establishes public nuisance abatement standards for pre-existing alcohol retail outlets; 3. Establish the administrative mechanism by which action can be taken against retailers for violations; 4. A fee paid by alcohol retailers to defray the costs associated with implementing and enforcing the program; 5. Dedicated law enforcement personnel trained in alcohol law enforcement techniques assigned to administer the policy and enforce its provisions; and, 6. Procedures for working with the ABC Department to ensure effective collaboration. "'Los Angeles, Cal., Planning and Zoning Code §12.27. 1. 13 Guidance for drafting a clear and cohesive policy can be found in the Policy Briefing published by Ventura County Limits in January 2014 titled Best Practices in Municipal Regulation to Reduce Alcohol -Related Harris, from Licensed Alcohol Outlets." "Alcohol & Drug Prograins, Ventura County Health Care Agency. Available at l,u]:IJNCCITL1C�Ci7Li11lV�lF]iiiS.O }ltc�nurce documents/VQ`BesiPractAlc les Jan2¢j4CnLnd.f. 14 --230— M Gmail Rule 61.4, CUP's, Zoning, and the intent of the ABC To: Steven A Chan Steven A Chan ':x56'J.'�+•'7�.f+R►i. •stir... n_ • i I� Fri, Dec 9, 2016 at 1:30 PM Thank you. We don't have jurisdiction over ABC. They must enforce their own conditions. ints as they relate to the matters within our jurisdiction, Thanks, ostc�ity Council www.costamesaca.gov (Quoted text hidden] Exhibit C of Holiday/Redroom Bar Activity Since August�y� Log of Fugitive Audible Entertainment Prohibited by License��� Dateltime _ _ !Agency /Action taken Meekday Summary_ 0812511 6 10'.40 PM ,CMPD !Thursday Called CMPD multiple times and { asked them to visit the location to request they turn A down . School _ ~; !T night. Keeping me and the kid up ! 08125169 23:37 CMPD hursday Called CMPD and again requested they turn it down, and informed them there is a noise restriction upon the license. Can't sleep 08/25/16 10:38 PM CMPD Thursday --J called Holiday using 949-278-8728 ; and requested they turn it down, i j and stated this was a school night. The volume was not turned down. . Using white noise, room fans- Bass W still penetrates. -=-4 0812611:6 1:00 AM ; CMPD Friday i i Called CMPD and met with officers, l who informed me according to the E Bar's decibel readers, they are ; Nwithin the noise ordinance., and that the business 'has a right to I { } run.' Incident number 2016091777. ;09122/16 ;ABC !Thursday - - School night tonight. Bass is i ! irritating and hard to sleep through. Filed Verified complaint with ABC f - 09123/16 ABC ; Friday 'Friday night, again bass sound is i audible on Center Street properties. l Contacted ABC 1024 pm No sleep j 09/24/16 10:32 PM ;ABC i Saturday :Very irritating and annoying bass i and crowd noise during operating i hours of bar, contacted ABC 09/25/16 1:34 AM !forwarded to ABC !Sunday Received complaint from tenant at :720 Center Street - called the bass i ! pretty loud'_ Closing Crovdd noise keeping me awake. j ,09/29/16�(til 1:40am) ABC F 09"30/16 ABC f 1011116 10:24 PM �_- -ABC09/09/16, 11:01 1101 PM 'CMPD I 09115/16, 10:50 PM CMPD 10113/16,10:13 PM CMPD L% 10113116, 11:07 PM 1CMPD 1 1 1 10 511 6, 11,20 PM CMPD ,11/11/16 -11:10 PM CMPD - ,11/12/16, 12:12 AM ::CMPD .11/20/16, 1:06 AM CMPD 'Thursday Bass is clearly audbile in our Friday Saturday Friday r Thursday Thursday !Thursday Saturday Friday Saturday. Sunday -. property. School night. ' Implementing white noise, bass still penetrating through fan sounds Container that was moved away - now it is louder than ever. Louder i than running fan and television i show. Low frequency bass 'thudding' heard along with movie soundtrack. Clearly audible bass spillage f tonight, emailed ABC agent Bass is clearly booming into our I neighborhood. Called CMPD. No sleet] School night, bass from entertainment Called CMPD Called CMPD Emailed ABC very 0 loud, School night. Can't sleep. Employees of bar are in the back l parking lot and are clearly aware of the volume -� Called CMPD, again emailed the ABC. CMPD is brushing us off, and I stated they are not enforcing conditions imposed by the ABC, employees in the back glad i handing it up in the back. School night. 11:38PM my kid is awake, has school start time at 7.00 am, bass is penetrating living space. Incident 2016-14352 T Called CMPD, bass noise, called to] complain Called CMPD, bass noise. Interrupting sleep _ Called CMPD, bass noise nonstop j - ��� Called CMPD, bass noise irritating 11/2 _......---_. 5116, 11:14 PM TC._._M___.__.__...-..__�..._�--------------..._.. PD Friday I 'Called CMPD BASS from bar f l 1 incident number 2016-127287 f .11/27/16, 12:52 AM _... - ;CMPD ...; ........ Sunday - _... Called CMPD BASS notes from bar; 12/04/16,12:58 AM i CMPD ,Sunday _-- --- -- --i Called CMPD bass notes from bar ; 2 a pervading my property CMPD � Fridav incident number 20..16-1302-20. - -- 12/08116,10-02 PM CMPD Thursday Called CMPD school night started f r around 9:15pm 12/08116,10:31 PM CMPD Thursday 'Called CMPD school night started around 9:15pm 12/08116, 9:27 PM l CMPD T i_� �. Coiled CMPD school night started i around 9:15pm, filed disturbing the i peace, CMPD refuses to take i #Thursday complaint before 12/1012016, 04:22 PM CMPD Saturday Called CMPD, met with Lt. LaPointe, determined CMPD is j responding as if Noise Ordinance only, applies. Six neighbors met with Lt- LaPointe. N 12'15/2016, 10:16 PM CMPD j hursday is E 12/16/16 11:23 PM ABC Friday 12/17/16 all night until ABC 'Saturday 2 a 12:31x7116 Fridav 12-31-2016 Called CMPD, music started 9:15 pm and could be clearly heard on our property. By 10:15 pm, it f became much louder since the ambient noise levels dropped. Continued to grow in volume as night progressed into lam hour. i Incident number 134581 Emailed ABC about'clearly audible low frequency bass" Clearly audble bass on Center # Street k The space behind the bar is acting I like a horn. Thump bass clearly audible throught the night especially up to and after midnight. Noise from bar in backyard clearly audible bass in backyard, clearly audible at AutoZone fence 450 ft awpv c Listening Point- 275 ft away clearly audible Wallace Woods drive gate clearly audible (285 feet from bar ! j structure) N w NUV-15--GUUU 2d : bb AbU 6ANTA ANA . Exhibit D BEFORE THE DEPARTMENT OF ALCOHOLIC EEVERAACE CONTROL OF THE STATE OF CALIFORNIA IN T TE MATTER OF THE AFFLICATTOW OF LI'VEMOR.E LLC } FILE 47-513086 SHARK. CLUB 841 BAKER ST COSTA, MESA, CA 92626-4315 } } } PLTI' 'IQN FOIA CONDITIONAL } LICENSE For Issuance of an on -Sale General Eating Place- License l.Jndcr the Alcoholic Beverage Control Act WHEREAS, petitioner(s) has/have Bled an application for the issuance of the above -referred -lo license(s) for th, above-mentioned premises; and, "-JEREAs, tho proposed premises is located witbin the immediate vicinity of a residential area; and, ),TMR, AS, petitioner(,) intend to CXOrcise privileges of the license iia Au exterior patio area; and, WHEREAS, the issuance of an unrestrictcd license would be contrary to public welfare and rmort'lls; Nary, THEREIaORE, the undersigned petitioner(s) do/does hereby petition for a conditional license as f011aws, to -wit: Sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. to 2:0C a.m. the following morning daily. 2 The hours of operation shall not emceed 3 :00 a.m. All activities at the site cghalI stop at 3:00 a m. including private functions. 3 - The sale of alcoholic beverages for consumption off the premises is strictly prohibited. ,4 The quarterly gross sales of alcoholic beverages skull not exceed the gross sales of food thlring the same period, The licensee shall at all times maintain records which reflect separately the gross sale of food and the grass sales of alcoholic bvveragcs of the licensed business. Said records shall be kept nes Jess lie qucntly than on a quarterly basis and shall be made available to the Department on demand. 5 The front and side door(s) shall be kept closed from 9:00 p,rn. till closing times during the operation of the premises except to allow_patron ingmss, cgress, and in eases of emergency, Said door(s) not to oansist solely of a screen or vcntllatcd security door. Initials ABC -172 (510) -- 2 -3 (P NOV-iS-2000 23:65 ABC SANTA ANA P.003 4'7513086 Page 2 There shall be no exterior advertising or sigr, of any kind or type, including advurtisiTag directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Inrcrior displays of alcoholic beverages or signs which ars: clearly visible to the exterior shall constitute a violation otthis condition. 7 The parking lot of the prcrniscs shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearaace an(] conduct of all persol's on or about -ffic parking lot. Additionally, the position of such lighting shall not disturb the norniM privacy and use of any neighboring residences. 8 The petitioner(s) shall be responsible, for maintaining free of litter the area adjacent to the prcmisus over which they have control, las depicted on the ABC -257 dated 0720.11 and ABC -253 datwd 07-20-11. 9 valet parking (only) shall be available in the front parking lot during the hours of 6:30 P.M, to 3:00 a.m. daily, 10 Live entertainment shall be limited to solely a:disc jockey. 11 Da: -ice floor shall be 1'irniTed to no largerthan a 925 squwe foot arca. Danr'ing shall be pcxmi=d on Thursday, Friday and Saturday only, except for the use of private Parties only, Sunday through Wednesday. 12 73etwe�tn the hours of 9.00 p -in . until 112 hour after closing whenever the premises is providing live entertainmcni, amplified music, or dancing, the petitioner shall provide one (1) uniformed security guard in Lie common area parking iot adjacent and to the east of the premises bordored by Baker Street, Wnd steal= maintain order tNa rein aid prevent w)y activity which would interfere with the quiet enjoymetrt of their property by nearby residents, 3 Entertairimcnt provided shall not be audible bcyc�nd the area under the control of the licensees) as defined on the A13C-257 dated 07-20-11 and ABC -273 dated 07-20-11. 14 The licensee(s) or an employeo of the licensec(s) will be present in the patio at all times that alcoholic beverages arc being served or consumed. This peddon for conditional license is Made pursuant to the provisions of Sectiotrs 23800 through 23805 of the l3ujiness and Professions Cade and will be carried forward in airy transfer at the, applicant- premises, pctitioxror(s) agrees) to retain a. copy of this petition on the. premises at all tinics and will be prcpared 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 liccrase(s). DATEM THIS DAY OF �� 20� Applicant/Petitioner""' — Applicant/Petitioner ABC. 172 (5M) �� 1 TOTAL P.003 Exhibit E BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA IN nm MATTE or mm BONILLA, Cora L. & Victor M. 727 W. 19th Street Fmn Costa Mesa, Ca 92627 REo. for the issuance of an On -Sale Beer & Wine (Pub. Eat. Pl.) under the Alcoholic Beverage Control Act. PETITION FOR CONDITIONAL LICENSE WHEREAS, petitioners have filed an application for the issuance of the above -referred to license, for the above-mentioned premises; and, WHEREAS, the proposed premises and/or parking lot operated in the conjunction therewith are located within 100 feet' of three (3) residences; and, WHEREAS, issuance of a 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, Chapter 1, Title 4 of the California Administrative Code. NOW, THEREFORE, the undersigned petitioners do hereby petition for a conditional license as follows, to --wit: 1. The rear doors shall be kept closed. at all times during the operation of the premises except in cases of emergency and to permit deliveries. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the Licensee. RATE WITNESS ADC -172 (4.76) --239 A. T/PETITIONER PLICAN PETITIONER BONILLA, Cora L. & Victor M. 727 W. 19th Street Costa Mesa, Ca 92627 3. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 4. There shall be no pool tables or coin-operated games maintained upon the premises at any time. 6. There shall be no amplified music or patron dancing permitted upon the premises at any time. 6. Entertainment provided shall not be -audible beyond the area under the control of the licensee. 7. Sales, service, and consumption of alcoholic beverages shalled be permitted only between the hours of 10:00 A.M. to 10:00 P -hi, Sunday through Thursday, and from 10:00 A.M. to 11:00 P.M. Friday and Saturday. DATE, WITNESS. t R 'AN i`/PET1T1ONER APPLICANT/PETITIONER - 23G- M Gmail Holiday 719 W 19th 4 messages Steven A Chan To: "Plotnik, Daniel@ABC" <Daniel.Plotnik@abc.ca.gov> Dear Agent Plotnik: Happy Holidays. Steven A Chan Exhibit F Thu, Dec 22, 2016 at 8:46 PM Please review the attached pdf. It has been supplied to the city of Costa Mesa, in preparation for the January 3, 2017 hearing for their application for live entertainment at the facility. (The entire report is online at the city's website : http://www.costamesaca.gov/ftp/council/agenda/201712017-01-03/PH-2.pdf ) Please see handwritten page 188, bullet 3) which states: "The lounge had done some work at the back of the building to mitigate the noise. It was noted that some noise was getting out through the front (not significant given the surrounding area ambient noise). And more noise (low frequency) was getting out through two rear doors." Agent Plotkin, this is yet another acoustical engineer study of the facility confirming that management continues to allow audible components of entertainment outside the area under their control. Please note that the study: a:) takes place up to the 11pm hour (see page handwritten 191). At this time on a Saturday night, the quantity of vehicular traffic on 19th Street is relatively much higher, and could even be considered a 'high point'. As the night wears on into the midnight and 1 and 2 am hours, the traffic drops significantly. This drops the ambient noise level so that street noise is much quieter after the sound study was conducted. This would produce much higher levels than measured. The music levels measured, were audible, however, and outside their facility. b) Traveling to the residential street behind the nightclub is not indicative of entertainment noise spillage between the back of the bar and the street. Our houses are between the two. Our Center Street houses of course provide extra barriers to noise traveling all the way to Center Street. The distance from the back of the bar to Center Street is approximately 200 feet. We hear the bass and other notes our houses are absorbing. c) As stated on the sound study handwritten page 188, noise from entertainment was also emanating from the front of the bar. As related to you in previous correspondence, apartment residents behind Autozone, at 744 W 19th Street, can hear the bass from the bar. That distance is over 400 feet, and is unobstructed (except for a tiny photomat style kiosk). d) The study acknowledges your licensee will meet the local noise ordinance levels. However, due to the Rule 61.4 measured 10 feet, that level of allowability significantly impairs livability of the Rule 61.4 residents. Agent Plotnik, I am aware that enforcement requires a filing of legal proceedings by the ABC. Your licensee has included in the pdf attached, a letter that states no enforcement proceedings are underway. However, please note handwritten pages 201 and 202. a) Bullet 1 speaks to ABC's purported indications that your agency :"did not indicate there was any ongoing problem, violation or pending accusation." While this statement may be quite true, your last indication to me dated 11-16-2016 was that the 'investigation is still ongoing." What we are concerned with is wordplay here. In the public hearing of September 12, 2016 before the planning commission, this attorney was portrayed in the minutes as an "ABC attorney' with an implication that the ABC had dispatched an attorney to the hearing to vouch for the licensee. We feel we must again ask for clarification. Is the investigation still ongoing? Of course, their own attorney would be very well capable of wordsmithing to the benefit of their client. For further example, just look at bullet 3) on handwritten page 202 where he writes "for the record, ...I do not know of any pending action by the ABC..." Please inform us if you have closed this investigation, or if it is still ongoing. -2--40- As I write this Thursday night, at 8:30pm, we can already hear faintly the bass coming through. It is only going to get louder. My kid has two tests tomorrow, Latin and Science, with a 7am start time. My neighbors kids are in the same school district but are younger, It would not surprise me if they have tests on Friday as well. Good Evening Agent Plotnik Steven Chan ps. if you need to be on my property to hear what we are hearing and trying to sleep through call me PH-2-Attach-11.pdf 10796K Plotnik, Daniel@ABC <Daniel.Plotnikrgotc.ca. gov> To: Steven A Chan The investigation is still open and ongoing. -Daniel Plotnik, Agent Dept. of Alcoholic Beverage Control. From: Steven A Cha Sent: Thursday, December 22, 2016 8:47 PM To: Plotnik, Daniel@ABC Subject: Holiday 719 W 19th [Quoted text hidden] Tue, Dec 27, 2016 at 7:07 AM Steven A Chan Tue, Dec 27, 2016 at 8:42 AM To: "Plotnik, Daniel@ABC" <Daniel.Plotnik@abc.ca.gov> Have a nice day EXHIBIT G NEIGHBOR PETITION AGAINST PA 16-55- PETICI N DE VECINOS CONTRA PA 16-55 Nosotros los residents f=antes de Costa Mesa, instamos al dia al consej o de honor Ia siguiente aplicacion, Abate esta molestia. Creemos que esto es incompatible ofensiva y perjudicial para el vecindario We the undersigned residents of Costa Mesa urge the Honorable City Councils deny Application PA -16-55 in its entirety and to abate the project as a nuisance. We believe that this is incompatible offensive and detrimental to the neighborhood. Name%Nombre Address/ Direction Phone/ Email: Signature/ firma Keyldlap Number/Street Name/Unit Telffono Numero / Calle NQmbre/Unidad � �Q '�� .�•-� ..F`' ,-' 4a "i' i rl. : � r F n � ��;�3 i a ry � t -''i � ,;,r l.�•��L. J:° [ '�=` ��/f' t � •rte.,. 11:_:a_ // F 0-S �. �•,WI ! ! ?I - ! C 9 B-4 2 )11"! 1 W�i- �1 '1 1 a i4 1� h j -v/!� -q3d!�L- i, I N 'Ea 4, 4 i C ( IrJ 1 41 -14U IAC. Allvin,f January 2p�10 VI lt�, ti NEIGHBOR PETITION AGAINST PA 16-55 PETICION DE VECINOS CONTRA PA 16-55 Nosotros los residents firmantes de Costa Mesa, instamos al dia al Consejo de honor la siguiente aplicacion. Abate esta molestia. Creemos que esto es incompatible ofensiva y perjudicial para el vecindario We the undersigned residents of Costa Mesa urge the Honorable City Councils deny Application PA -16-55 in its entirety and to abate the project as a nuisance. We believe that this is incompatible offensive and detrimental to the neighborhood. ,E],IA,UrrSW 1J Lit Number/Street N Numero / Calle Nom Y PV11, w�� November 2016 ccion ime/Unit bre/Unidad Phone/ Telkfono Email: Signature/ firma Keymap r1 .71 �il f' � . c. A r fA 0 �X NEIGHBOR. PETITION AGAINST PA.16-55 PETICION DE VECINOS CONTRA PA 16-55 Nosotros los residents fmnantes de Costa Mesa, instamos at dia al Consejo de honor la siguiente aplicacion. Abate esta molestia. Creemos que esto es incompatible ofensiva y perjudicial para el vecindario We the undersigned residents of Costa Mesa urge the Honorable City Councils deny Application PA -16-55 in its entirety and to abate the project as a nuisance. We believe that this is incompatible offensive and detrimental to the neighborhood. Name/Nombre Address/ Direccidn Number/Street NameCUnit Numero / Calle Nombre/Unidad ��e4cce--) t T V-7, --, -- 7- 1) � + M November 2016 Phone/ Email: Signature/ firma KeyMap Telefono C�'rLl �' � I- ,-I/ I/ /- a AI t� „ NEIGHBOR PETITION AGAINST PA 16-55 PETICION DE VE CINOS CONTRA PA 16-55 Nosotros los residents firmantes de Costa Mesa, instamos al dia al consejo de honor la siguiente aplicacion. Abate esta molestia. Creemos que esto es incompatible ofensiva y periudicial para el vecindario We the undersigned residents of Costa Mesa. urge the Honorable City Councils deny Application PA -16-55 in its entirety and to abate the project as a nuisance. We believe that this is incompatible offensive and detrimental to the neighborhood, Name/Nowbre Address/ Direcdon Phone/ Number/Street Name/Unit Telffono Ndmero Calle Nombre/Unidad Email: Signature/ firma KeyMap 10 J lwt 41 v 1 7 -1- k L A -44-? January 2017 -2--45- NEIGHBOR. PETITION AGAINST PA 16-55 PETICION DE VECINOS CONTRA PA 16-55 Nosotros los residents firmantes de Costa Mesa, instamos at dia at consejo de honor la siguiente aplicacion, Abate esta molestia. Creemos que esto es incompatible ofensiva y perjudicial para el vecindario We the undersigned residents of Costa Mesa urge the Honorable City Councils deny Application PA -16-55 in its entirety and to abate the project as a nuisance. We believe that this is incompatible offensive and detrimental to the neighborhood, Name/Nombre Add=Nombr�e/Unidad on Phone! Email: Sibnature/ firma KeyMap Numbere/Unit Telefono I Numero / C rr,., I" i. ruAm �UA V l� 7 '�-f r 0 , i, 14Y( _. 3 I .b cc Ian November 2016 -7A7�7 t yi7.. '0 HUMIN M11 het? CA NEIGHBOR PETITION AGAINST PA 16-55 PETICION DE VECINOS CONTRA PA 16-55 Nosotros los residents firmantes de Costa Mesa, instamos al Iiia at consejo de honor is siguiente aplicacion. Abate esta molestia. Creemos que esto es incompatible ofensiva y perjudicial para el vecindario We the undersigned residents of Costa Mesa urge the Honorable City Councils deny Application PA -16-55 in its entirety and to abate the project as a nuisance. We believe that this is incompatible offensive and detrimental to the neighborhood. Name ombre Address/ Direccion Phoney Email; Signature/ firma KeyMap Number/Street Name/Unit Telefono Numero / Calle Nombre/Unidad ,c�G� r= t r ) k" - i AA f V iR Y IJe L11 13 fO MONA ' i IL ! � �� � � [/� �_ � },S I� i+ L- •„�G- CSI} _ ��.c CLe ci 71 CA C �A4 ­zjL X Ic 4 a� V'I - ZAq- EXHIBIT H I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) �heacility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. 'Liti he city's proposed regulatory conditioning of the applicant by restricting fugitive noise frorn entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not adXle ress the low freque;ricy health -harming bass from penetrating nearby residences. Costa Mesa Anise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 911-14; "Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. i1e <1pplicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city, OThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the Facility's latest provided drawings. O The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound »prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. 00,6 �M Sign (Print namei dat 2-4S- - I the undersigned, urge the City Council of Costa Mesa to reject the !Tanning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) XThe facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. (The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. �l The Costa Mesa Noise Ordinance's allowable noise standardsdefine audible levels of sound that the applicant stays within by the applicant's own admission: This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 9-11-14: ``Petitioner understancfsthat any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. �qThe applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. The applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. XThe Noise Ordinance. levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. Sign (Print name) date -- 2-4q i the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) >�The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the .state's statutory method of measurement, the Planning Commission decision should be overturned. JET'The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. © The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the: applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 9-11-14: "Petrrioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. ,&he applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. -e The applicant has made numerous representations as to the nature of the operations, including that the business operations will be a. `supper club', and serve 'breakfast and lunch," and even serve "brunch." There is. a total absence of a kitchen in the facility's latest provided drawings. O/The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Cornmission's decision granting live entertainment to this establishment. lollAix i7 110 (Print name) date I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for five entertainment at their 719 W 19th Street establishment, for the following reasons (checked) The facility is licensed by the state, and that license contains a sound -prohibition upon it which states. "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. C7' The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from -entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. Cl The Costa Mesa Noise Ordinance's allowable noise standards define audible Levels of sound that the tipplicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 9-11-14: "Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. he applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the Indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. DThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. fThe Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. Al" (Print name) { date Zai - -P 7-1 Revieiiv liceton.. Y.:Holiday:and: Red'roonbarsforliVd'enterainment hou.d A. -Ah "t a W Co p h thoi r blf` men -_Js in comp e m �lia n be w t u-i-ldifig" n§& prbhi., its any sbLin eyare a d at 8 rom: heir b t pbw, atid,are irresponsibly and illegally.ing. flli�i.r r6rin b,ush- wr f i d ri'have-been as-SaUlted until:2 -amn, even- psi re po-4. h! 4_ This Must.stop:bngthem em...'conditional .08 e. permi, t p. wK", ba r" .'have nfi n a j u6n.a 1. use. permit, rm i t., pp r In since the s 9 -,eirstal-e, issue' hl, ca Y. 6 lnt�antion8*-b.f'-ddM_ wIh Wing l.th � MORNIANA11,110 6 -ate this nuisance :D o -.,n';' qt r r'dtfiem,fcr be­ijng;O_ ove-tha-1 779 ILL -252 .re.- PAI 6-55 Review T- entqq -inrnent shu.uld The by. Holidq'y and Redroom.bars for live I in complete te COM e. Wth:thei� fit . only fed ifth.e e�-tablis'hS C MP- # Y� b The prohibit . s -a . ny sound at all from'-thi3lr-.b'bi.:.fdi:ng.:They,,,a.re:-a .negative;. mpact now, and.. are e irresponsibly and illegally rLinning fileir business;` F;arh i 1 J e s with c h i -I d re ri, h av e. been assaulted :untJ1:2a m Ov e n. -o on graning ern-a-conc RO -use permit S efore' ti th 00 n g A Th)� p t. stop b that rLMS.W I A, 0 ntlng of the conditional use permit since the -arsiave dil'fatad they.have noInte ntJ-h s of complying with th a! r, state -is sued license's'conditions: Please a;ata.this ,a. Do 0 - h e am orbin. oveth6jaw,,'. 0 , them T.h.0 0 -ne YIHO �Y.andRed-rabirnbarsfo live entedbim . ..... jS; in b 6 let -t . -,t, f tie ea i b s 7o'btIt n : r -hp , 9 complian-op i 1; hi flffi6pokodtions - . L - :,- - at all om:their bui d hT A mqc(:now,ereponsibiy-an Meg HYrunningt heir Families -W h dhjIdren h een as§8ulted:un(il2am even on -S mu8t-.Sto.p:bef6re-granting there' canditio a.l.us;epermlt _la t thelar il re. graritino of_ conditional Lisb permit .h V'6 cl monstrated-t]�ey lave nointentions of:c plying With r:s a e-issu e itod iq 0.- not rewardthbmfo r being move the law. — -2-S-4 — Y: T h e'. a p P...1, n ahcl"R�a�oon-i bars for live erltertain' -je o ay n nt shot 1'd only, be g . ra , n . tea if the establishi`n'ent.is in comlete cotplian p pe. With. their quot jc Q.n -eh8e.fc t.t.;�Wp 0i bits anysound atalJ frorn their y. aro T uoi i e ld6 Sh hei �bui ing e t ri �ncl �re ir ns'11:�Y­ancl illegall� 1- 1 Ok y unnhM ir Far t s with c h i I d re nj.., avebeen assaulted until tam .even:bb R g h. in s 6 rM. that runs :with th *'.q. h f b- t 1 T9 �df. rf1eCd Aional use— perm h since the`` p . P - derrt±a istra#e`d ffi6y have no Intentions of Complyingwth- eI th irstate—Issued co. n se .. co z nditj6 hs. ease:,:'bate this-MuisqpCPDa'not reward there f.Orly.etngb.o ve the jaw, V I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) 1 The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. C7 The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. 2lhe Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that tate applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license - dated 9-11-14; "Petitioner understands that any violation of'the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. )The applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the Indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. 'CJThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings, 6The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. ez -� — - (Print name) to -- 2S7 I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee," The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. 2(The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 9-11-14: `'Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a'Conditional Use Permit' to the applicant. dThe applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. 2'fhe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve" brunch." There is a total absence of a kitchen in the facility's latest provided drawings. t'The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State imposed condition of sound -prohibition. Please reject the Planning Commission's derision granting live entertainment to this establishment. I r j Sign (Print name) date —2S 1 I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decislon of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) dThe facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. �he city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance_ levels does not address the low frequency health -harming bass from penetrating nearby residences. ,P -The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applioniit's own admission. This however, places the applicant in a position where the license may be revoked by the ASC, as stated on their license dated 9-11-14: "Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. AThe applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city, ,CThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch," There is a total absence of a kitchen In the facility's latest provided drawings. 0 The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. d /2, LA V& ign (Print name) date ZSS I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) RI The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. ZrThe city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. Z The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that thie applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated -9-11-14: "Petiti ' "er understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a'Conditional Use Permit' to the applicant. fThe applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. Zfhe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a. total absence of a kitchen in the facility's latest provided drawings. The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. n (Print name) date 2 -SCA- I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) ; The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. eThe city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. QT The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 9 -11 -14: -"Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a `Conditional Use Permit' to the applicant. CF. The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. &he applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. ZThe Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. Sign (Print name) date Z(o0— I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) The facility is licensed by the state, and that license contains a sound -prohibition upon it which s ates "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. he city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. he Costa Mesa Noise: Ordinance's allowable noise standards define audible levels of sound hat the applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license da1.ted 9-11-14; "Petitioner understands thiat any violation of the foregoing conditions shali be grounds for the suspension or revocation of the llcense(s)." This does not form any reasonable basis to award a `Conditional Use Permit' to the applicant. O. The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. OThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. O The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject Planning Commission's decision granting live entertainment to this establishr� A � V, 5, �i - K��V, PIVC5_ ia_:� �I 4 (a Igont name),� � S date {� F - z�l- I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. 2 The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. R The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the appllcarWs own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 9-11-14: "Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a `Conditional Use Permit' to the applicant. QD. The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called For as a condition of approval is not strong, and does not appear to be fair to the city. c�The applicant has made numerous representations as to the nature of the operations, including t.hat the business operations will be a `supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility s latest provided drawings. C� The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. ,01'\ Sign (Print name) .—Z(o_2-- 1 � d ate the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) (tfThe facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. 9 The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. c6 The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applicant's own admission. This however, places the - - applicant -in -a -position -where the license -may -be --revoked by -the -AB -C-, as stated on- their license dated 9-11-14; "Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. 0-., The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city, ZThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve `breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. 0 -'The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. 12— -�----� Si (Print name) date 2Qa- I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) jq,tthe facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. � The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences, Z"T' he Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 1 -11-14.Petitioner unde.rs.taIndsthat any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Kermit' to the applicant. ,0 The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. JfIT`he applicant has made numerous representations as to -the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. 9,'The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition - Please rejep(th� Planning Commission's decision granting live entertainment to this (Print r�arne) date 2(A - I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) O The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. O The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. O The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applicant's own admission. This however, places the applicant in o position where the license maybe revoked by the ABC, as stated on their license dated 9-11-14: "Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)," This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. O, The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city, OThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch," There is a total absence of a kitchen in the facility's latest provided drawings. O The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishmei t. S,qn (Print name)9 date I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) "The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. QD The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. - & The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the -applicant stays within by the applicant's own admission. This however, places. the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 9.11-14; "Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. 0. The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. ,2The applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings, P'The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. Sign (Print name) date 2-W I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9.12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) .O The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. ,YThe city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. PThe Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that therapplicant stays within by the applicant's own admission. This however, pieces the applicant in a position where the license may be revoked by the ABC, as stated on their license dated -0- 11-14: "Petitioner understands that any -viola tion -of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. IJP. The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city, QThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive �-entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. Sign - (Print name) date ,20— I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) q9 The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. 0 The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the'applicant stays within by the applicant's own admission, This however, places the applicant in a position where the license_ may be revoked by the ABC, as stated on their license dated 9-11-14: "Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. O' The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called for as a conditiGn of approval is not strong, and does not appear to be fair to the city. Oche applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings, The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. Sign (Print name) hate r 21 8- I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) .r �he facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from /enPertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences, '�&he Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound ,``chat tWapplicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license -- -- -- ---- - dated -9-1-114: "Petitioner -understands that -any vio a ion -o -t -e oregoing coil itioris shall e grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a `Conditional Use Permit' to the applicant. ,%nZe applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a t,oycott. This threaterss the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. XjjThe applicant has made numerous representations as to the nature of the operations, including i' that the business operations will be a 'supper club', and serve 'breakfast and lunch,' and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings, ri he Noise Ordinance levels of decibels proposed and purported to mitigate fugitive rtainment sound do not conform to the State -Imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. Sign (Print name) date ZO I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) (9 The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. 0 The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences, 4a The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 911-14: "Petitioner understands- that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. 0The applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city, )DThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. 4 The Noise ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. {Print i7a ).—. .-. __----date------ �V U11r U CC� J2_/I e>11-7 C,,e-Aigz-Y/ 01-R I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) re facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. 6e city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levelsdoes not address the low frequency health -harming bass from penetrating nearby residences. Q-�f�e�C.ata la Noise Ordinance's allowable noise standar dsdeflaudible els afsound that the `applicant stays within by the applicant's own adrnissio T -lits' i�ever, places the applicant in a position where the license ma r t y the ABC, as stated on their license dated g_11=1 F-eli5bne�r� s Fat ariy vidfafior� of the foregoing cor�ditib6i shall be grounds pension or revocation of the license(s)." This does not form any reasonable gThe-applieant-is facing$aq.1dash from the neighborhood it's liquor license. Part of this backla!h_is-in�-the-fbi-m of a boycott. This threatens the economic viability of the operatjon, hen e -the indemnification condition called for as a condition of approval is not _� :strong; -and-does riot -appear -td be fair to.the-Gity. a applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve `breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. eohe Noise Ordinance levels of decibels proposed and purported to mitigate fugitive ntertainrnent sound do nrDt conform to the State -imposed condition of sound--pruhibilion. Please reject the Planning Commission's decision granting live entertainment to this establishment. "(,,- 2,C b, Sign ( rint name) date I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroorn bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) 0 The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. 0 The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. — WN Pf The. Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that th6applicant stays within by This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license ated�-11-14: "Petitioner inn-derstand5-that-any violation -of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. t) ha -e OThe applicant is. facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. Part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. hThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch,N and even serve brunch." There is alotaLabsence of a kIch-gn in the facility's latest provided drawings. The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to thv State -imposed condition} of sound -prohibition k spvtt yc�e_. I . Please reject the Planning Commission's decision granting live entertainment to this establishment. Sig (Print name) date --2-72-- CUT, oji -� 4 I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) O The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping. Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. O The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. O The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license ------ ------ -- - �#atecl-+�11=14: "Petiiioner-unzlerstandathat any-violation�ftFr� forectoir�g �dnditior��shafE-kae --- - - - grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a'Conditional Use Permit' to the applicant. OThe applicant is facing backlash from the neighborhood around it for exceeding the terms of it's liquor license. part of this backlash is in the form of a boycott. This threatens the economic viability of the operation, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. OThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a `supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings. O The Noise ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. 11 _213— Please 13-- I the undersigned, urge the City Council of Costa Mesa to reject the Planning Commission decision of 9-12-16 to approve the Holiday and Redroom bar applications for live entertainment at their 719 W 19th Street establishment, for the following reasons (checked) O The facility is licensed by the state, and that license contains a sound -prohibition upon it which states "Any entertainment provided shall not be audible beyond the area under the control of the licensee." The applicant's acoustical engineer stated for the record the building cannot contain low frequency bass sound from escaping Since adjacent residences are within 10 feet of the facility when using the state's statutory method of measurement, the Planning Commission decision should be overturned. O The city's proposed regulatory conditioning of the applicant by restricting fugitive noise from entertainment to levels allowed in the City of Costa Mesa's Noise Ordinance levels does not address the low frequency health -harming bass from penetrating nearby residences. O The Costa Mesa Noise Ordinance's allowable noise standards define audible levels of sound that the applicant stays within by the applicant's own admission. This however, places the applicant in a position where the license may be revoked by the ABC, as stated on their license dated 9-11-14: "Petitioner understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the license(s)." This does not form any reasonable basis to award a 'Conditional Use Permit' to the applicant. O. The the economic viability of the operation is not supported by any evidence, hence the indemnification condition called for as a condition of approval is not strong, and does not appear to be fair to the city. OThe applicant has made numerous representations as to the nature of the operations, including that the business operations will be a 'supper club', and serve 'breakfast and lunch," and even serve "brunch." There is a total absence of a kitchen in the facility's latest provided drawings, O The Noise Ordinance levels of decibels proposed and purported to mitigate fugitive entertainment sound do not conform to the State -imposed condition of sound -prohibition. Please reject the Planning Commission's decision granting live entertainment to this establishment. Sign (Print name) date _II To: GREEN, BRENDA Subject: RE: re PA -16-55 AGAINST illegally operating Miguel's Jr owned bar ADDITIONAL DOCUMENTS FOR PH -2 From: hary firm rnailto:bublilive.com] Sent: Tuesday, November 15, 2016 8:27 AM To: FRENCH, JASMINE <JASMINE.FREti ICH costamesaca-9ov> Cc: FOLEY, KATRINA <KATRINA.FOLEY costamesaca�>; GENIS, SANDRA <SANDRA.GENl�costamesacagov>; MENSINGER, STEPHEN <STEPHEN,MENSIiNGER ccstarn2saca. ov>; RIGHEIMER, JIM <JIM.RIGHEIMER costarriesaea.go_v>; MONAHAN, GARY <GARY,MONAHAN costamesaca. ov> Subject: re PA -16-55 AGAINST illegally operating Miguel's Jr owned bar. please know that we want to express my family's opposition to Miguel's Jr bar. the bass vibrates our whole neighborhood.. the permit should be revoked. The bar's sound engineers state that the building can't contain the bass. Hary and juli 2`7 S— Subject: FW: Planning Application PA -16-55 ADDITIONAL DOCUMENTS FOR PH -2 From: LEE, MEL Sent: Tuesday, November 15, 2016 10:35 AM To: GREEN, BRENDA <brenda.green@costa mesaca.gov>; TRAYLOR, MARIAN<MARIAN.TRAYLOR@costamesaca.gov> Cc: TREVINO, JAY M. <JAY.TREVINO@costa mesaca.gov> Subject: FW: Planning Application PA -16-55 From: Paul Loubet [rnailto:loubet.uaull@gmail.romj Sent: Tuesday, November 15, 2016 9:57 AM To: LEE, MEL <MEL,LEECOOcostamesaca.gov> Subject: Planning Application PA -16-55 Mr. Lee, and City Council members, I am writing in support of the CUP for the Holiday entertainment permit. I have been a resident in Costa Mesa for 20 years and my wife and I are always looking for venues where we can see live entertainment for members of our generation, and it looks like Holiday would be that venue. Costa Mesa is a City of the Arts, .1 think it should expand beyond the South Coast Rep or Segerstrom, a venue that has limited appeal and is out of reach for the average resident of Costa Mesa. The City put west 19th St, in a planned area to revitalize the area, and bring in Holiday would continue the vision of the West 19 Plan. I think that the staff and planning commission did a very thorough job vetting this application. Bringing the item back up to City Council shows that staff and Council have put in the proper work to ensure that this business is a good neighbor. There appears to have been quite a number of mitigations and conditions for the surrounding neighbors to monitor the noise levels. The application is renewed yearly and with the conditions imposed, if they are bad neighbors, I trust that the City will take measures to ensure they fix issues or they won't get their permit renewed. Again, My wife and I support this Conditional Use Permit. We are excited to have a place to listen to live music. Thank you. Paul Loube 2538 Fairway Dr Costa Mesa, CA 92627 949-677-9459 —2-7(,o— Subject: FW: Night Club ADDITIONAL DOCUMENTS FOR PH -2 From: LEE, MEL Sent: Tuesday, November 15, 2016 10:56 AM To: TRAYLOR, MARIAN <MARIAN.TRAYLOR@costamesaca.gov>; GREEN, BRENDA <brenda.green@costamesaca.gov> Cc: TREVINO, JAY M. <JAY.TREVINO@costamesaca.gov> Subject: FW: Night Club From: SANDRA BALLARD frizailto:saridylballard i-nail.coml Sent: Tuesday, November 15, 2016 10:51 AM To: LEE, MEL <NIEUEE costamesraca. 0v> Subject: Night Club "I approve of the application for Holiday to add live music. I have two daughters in their 20`s and we need more places like this for them to go that are not just bars" Please have somewhere the local kids can hang out! ! ! ! —2-1-1— Subject: FW: Holiday Nightclub ADDITIONAL DOCUMENTS FOR PH -2 -----Original Message ----- From: LEE, MEL Sent: Tuesday, November 15, 2016 11:26 AM To: GREEN, BRENDA <brenda.green@costamesaca.gov>; TRAYLOR, MARIAN <MARIAN.TRAYLOR@costamesaca.gov> Cc: TREVINO, JAY M. <JAY.TREVINO@costamesaca.gov> Subject: FW: Holiday Nightclub -----Original Message ----- From. Lori Ann Haigh [mailto:iahaigh@icloud.com] Sent: Tuesday, November 15, 2016 11:23 AM To: LEE, MEL <MEL.LEE @costamesaca.gov> Subject: Holiday Nightclub Hello, Writing to you with a simple email in support of the Holiday Nightclub. I am in favor of the Holiday Lounge in Costa Mesa adding live music to their venue. This is a great addition to our community. We live locally and love our new find for good live entertainment! We have three kids in their 20's as well and I like that this keeps our kids in our community. This is good for Costa Mesa. Best regards, Lori Ann Haigh -2-79 - Subject: FW; Holiday CIDP application ADDITIONAL DOCUMENTS FOR PH -2 From: Dennis Borowsky [mailto:dborowsk �merlone eier.coni] Sent: Tuesday, November 15, 2016 11:28 AM To: MONAHAN, GARY <GARY.MONAHAN costamesaca.gov>; GENIS, SANDRA <SAlNIDRA.GENIS costamesaca. av>; FOLEY, KATRINA <KATRINA,FOLEY costamesaca. ov>; RIGHEIMER, JIM <IIM.RIGHEIMFR costamesaca. ov>; MENSINGER, STEPHEN <STEPHEN.MENSINGER_. costamesaca. o_v.> Cc: LEE, MEL <MEL.LEE costamesaca. ov> Subject: Holiday CIDP application Hello Mayor Mensinger and City Council Members, I am a resident of the Balboa Peninsula in Newport Beach and also the past President of the Balboa Peninsula Point Association. I take great pride in our local communities. I am writing to you on behalf of the "Holiday" CUP application. I am not an investor of Holiday, but know the ownership group and many of the investors very well. I have had a personal relationship and have had extensive business dealings with them over several decades. Mr. Javier Vasquez and Mr. David Obbage are sophisticated individuals with very high standards. They operate their businesses in a very professional manner. I am in support of their application for live entertainment in this location, This will provide a unique venue for the Costa Mesa community and create an upscale entertainment venue for this neighborhood. I am unable to attend the City Council meeting tonight, but request that you vote in favor of their application. Thank you for your support! Dennis Borowsky 2 03 7 Seville Avenue Newport Beach, CA 92661 Subject: FW: Holiday on 19th ADDITIONAL DOCUMENTS FOR PH -2 From: LEE, MEL Sent: Tuesday, November 15, 2016 11:33 AM To: GREEN, BRENDA <brenda.green@costamesaca.gov>; TRAYLOR, MARIAN<MARIAN.TRAYLOR@costamesaca.gov> Cc: TREVINO, JAY M. <JAY.TREVINO@costamesaca.gov> Subject: FW: Holiday on 19th From: Elsa Embler maiita:emblerelsa mail.com] Sent: Tuesday, November 15, 2016 11:32 AM To: LEE, MEL <MEL1EE@co_stamesaca-gov> Subject: Holiday on 19th Hello, my name is Elsa Embler. I'm a 22 -year-old strident and I'm writing to express that I am in favor of adding live music to Holiday nightclub. I think it would be valuable to have variety of entertainment, not exclusively DJ's at clubs like these. Respectfully, Elsa Embler ( 831)277-7007 emblercisana--m ai l.aam 2 - SO Subject: FW: Holiday CUP Application ADDITIONAL DOCUMENTS FOR PH -2 From: LEE, MEL Sent: Tuesday, November 15, 2016 12:.49 PM To: GREEN, BRENDA <brenda.green@costamesaca.gov>; TRAYLOR, MARIAN<MARIAN.TRAYLOR@costamesaca.gov> Cc: TREVINO, JAY M. <JAY.TREVINO@costamesaca.gov> Subject: FW: Holiday CUP Application From: Tyler mailtoft ler starknation.com] Sent: Tuesday, November 15, 2016 12:05 PM To: LEE, MEL <MEL.LEE costamesaca.gov> Cc: FOLEY, KATRINA<KATRfNA.FDLEY@costamesaea.gov>; GENIS, SANDRA <SANDRA.GENIS costarrlesaca. ov>; MENSINGER, STEPHEN <STEPHEN. MENSINGER@costa mesaca.gov>; MONAHAN, GARY <GARY.MDNAHAN costamesaca. ov> Subject: Holiday CUP Application Mel, I would like to email to notify you that I am in support of Holiday's CUP application for live entertainment. With all the opportunities to go out to bars and restaraurants in Orange County, it's nice to have options for something different than the normal DJ for music/entertainment. Holiday has an amazing environment and would be even better if there was live entertainment as well! Best regards, Z You. Optimized. TYLER 1101ACE STARK I Global Executive Coach 17524 Von Karman Ave I Irvine, CA 92614 Office 949.722.7070 1 Cell 569.844,5751 Email Tiler a:Starkitlation.com Web wrny.Stlrktjation.cotn j F,10EBOO IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of STARK may contain information that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it to the sender and delete it completely from your computer system. -2S9 I-. Subject: FW: HOLIDAY CUP - Application for live entertainment ADDITIONAL DOCUMENTS FOR PH -2 From: LEE, MEL Sent: Tuesday, November 15, 2016 12:49 PM To: GREEN, BRENDA <brenda.green@costamesaca.gov>; TRAYLOR, MARIAN<MARIAN.TRAYLOR@costamesaca.gov> Cc: TREVINO, JAY M. <JAY.TREVINO@costamesaca.gov> Subject: FW. HOLIDAY CUP - Application for live entertainment From: Art de la Parra mailto:adl mail.com1 Sent: Tuesday, November 15, 2016 11:56 AM To: LEE, MEL <f-L.LEE@castamesaca ov> Subject: HOLIDAY CUP - Application for live entertainment Hello Mr. Lee: I would like to express my support for the application for live entertainment at the Holiday Entertainment Club located 719 W. 19th St. in Costa Mesa. Costa Mesa is a thriving city which is in need of entertainment and which would benefit from the variety of music and cultural diversity Holiday would have on its stage. 1 have visited this newly remodeled club and found it clean, well managed and just a great place to get together with friends. Count me in as a booster of this supplication! Warm regards, Art de la parra adIR rvmail.corn Subject: FW: Holiday ADDITIONAL DOCUMENTS FOR PH -2 From: LEE, MEL Sent: Tuesday, November 15, 2016 1:36 PM To: GREEN, BRENDA <brenda.green@costamesaca,gov>; TRAYLOR, MARIAN<MARIAN,TRAYLOR@costa mesaca.gov> Cc: TREVINO, JAY M. <JAY.TREVINO@costamesaca.gov> Subject: FW: Holiday From: Kim Beaudette mailto:kbeaudette ova ene.com] Sent: Tuesday, November 15, 2016 1:09 PM To: LEE, MEL <MEL.LEE costamesaca. ov> Subject: Holiday IVIS. Lee, "I believe that the addition of live music to Holiday on 19th street adds a great deal to an already beautiful and well run club. This is a good thing for Costa Mesa." fC�'i', �zg3 Subject: FW: Holiday Application Attachments: Jack Sullivan.vcf Importance: High ADDITIONAL DOGUMENTS FOR PH -2 From: Jack Sullivan [mailto:JSullivan cresa.com] Sent: Tuesday, November 15, 2016 1:45 PM To: LEE, MEL <MEL.LEE@costame_saca.gov>; FOLEY, KATRINA <KATRINA.FOLEY cr costamesaca.gov>; GEMS, SANDRA <SAI•iDRA.GEf [5@costamesaca.goy>; MONAHAN, GARY <GARY.MONAHANC@costamesaca.pov> Subject: Holiday Application Importance: High I would like to express my support for the application for live entertainment at the Holiday Entertainment Club located 719 W. 19th St. in Costa Mesa. Costa Mesa is a thriving city which is in need of entertainment and which would benefit from the variety of music and cultural diversity Holiday would have on its stage. have visited this newly remodeled club and found it clean, well managed and just a great place to get together with friends. Count me in as a major supporter of this application! Best regards, lack Jack Sullivan Senior Vice President BREr:01932265 Cresa The Tenant's Advantage Cresa Orange County 610 Newport Center Drive, Suite 500 1 Newport Beach, CA 92660 949-706-6600 tel 949-706-6588 direct 1917-576-3373 cell isullivan a cresa.com I www.cresa.coni I www. cresa.cormlNlissionCriticaISol ution s —23-4- From: Steven A Chan <chansteven.a@gmail.com> Sent: Tuesday, November 15, 2016 2:39 PM To: FRENCH, JASMINE;. GREEN, BRENDA, TRAYLOR, MARIAN Subject: pa -16-55 opposition Attachments: lionsden2016.pdf please print for city council hearing item PA -16-55 i distribution and acknowledgement requested thanks - ZSZ5 - 1 3 t 5 6 7 9 10 11 12 13 14 is 16 17 1 19 46 2 2 !I 23 24 5 26 27 28 ADDITIONAL DOCUMENTS FOR PH -2 Centers Against Corruption (CAC) Center Street Neighborhood Costa Mesa, CA 92627 Primary S Chan Nine Pages Total IN THE COSTA MESA CITY COUNCIL REVIEW OF PLANNING COMMISSION APPLICA TION PA -16-55 HOLIDAY (FORMERL Y LION'S DEN AND MAISON) Argument in support of Denial of the Request for Live Entertainment November 15, 2016 City of Costa Mesa City Council Public Hearing Preamble Request to Remove Applicant's Amplified Music Use Permissions Request to City to file violation notice of Applicant's License Condition #2 with the Department of Alcoholic Beverage Control Request for Nuisance Abatement of Applicant (verbal delivery at hearing) Applicant, the Pange Family Trust (hereafter "Holiday") applies for a Conditional Use Permit (hereafter "CUP") to allow live entertainment in their facility licensed by the California Alcoholic Beverage Control (hereafter `'ABC") within 10 feet of residential zoned property. Center Street residents against Corruption (hereafter "CAC") oppose the issuance of the CUP as conditioned and proposed, and request the City of Costa Mesa (the "City") officially notify ABC that applicant is in violation of the License conditions, abate the nuisance in our neighborhood, and immediately strike the allowance of any amplified entertainment at the facility. Lastly, CAC objects to the highly prejudicial sugar-coating of this application. Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust I The Sugar Coating of the Application is Highly Prejudicial Sugar coating is required when facts in support of a finding do not exist, or are tenuous at 3 4 best. In this case, the facts in support of upholding the Planning Commission decision 9-12-16 do 5 not exist, and significant efforts were made to mitigate the lack of facts to support an approval 6 finding. 7 Material Omissions Disclosed Resulted in Planning Commission Malfeasance The original staff report for this application dated 9-1-16, did not include the ABC operating 9 restrictions for this facility. This document (see "Correspondence" handwritten pages 133-134) 10 includes minimal conditions of operation and is dated 9-11-14. The condition relevant to the II 12 application and the facility is condition No. 2, which reads: 13 Any entertainment provided shall not be audible beyond the area under the control of the 14 licensee. 15 The Sugar Coating of the Application was Willful 16 The Planning Commission hearing of 9-12-16 can be reviewed at the City's video on demand 1� page. Review will reveal the Holiday presentation carefully skirted around the most material 1 ABC condition, #2. Unbeknownst to everyone else in the hearing, the CAC Residents had l� contacted the Santa Ana ABC and requested the Operating Restrictions page be faxed to Jasmine 21 French in the City clerk's office with reference to PA -16-55 only. CAC residents and Jasmine 22 French confirmed that receipt. The ABC Operating Restrictions was finally introduced at the 23 hearing during public comment by CAC residents. 44 ABC Wholly Contr ols the Audible Component of Entertainment at Holiday 25 The ABC wholly regulates the sale of alcohol and related activity. Some areas are under 16 exclusive ABC jurisdiction, namely "the manufacture, sale, purchase, possession and 27 2 Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust 28� - F I transportation of alcoholic beverages."' Other areas of related activity fall under the ABC 2 jurisdiction, when triggered as a matter of law. In this case, the trigger is the distance between the 3 4 Holiday facility and adjacent residences. Holiday Trigger ed Rule 61.4, Chapter 1, Title 4 California Code of Regulations The implication of the City's staff report is that a 200 foot distance is a trigger for this hearing. In reality the distance between CAC residences and Holiday is as few as 10 feet. The Rule 61.4 criteria for triggering the imposition of protective conditions is a 100 foot measurement 9 from the facility to residences. The Rule 61.4 incorporates this language in determining the 10 distance measurement: 11 12 Distances provided for in this rule shall be measure by airline 11) from the closest edge of any residential structure to the the closest edge 14 of the premises or the closest edge of the parking lot or parking area, as 15 defined herein above, whichever distance is shorter. 16 The Distance between the Holiday and residences is as few as 10 Feet, which is the setback 1" E between the closest CAC residences and the Holiday rear parking lot. 1 1� 9-11-14 Liquor License Contains ABC Operating Restrictions Triggered by 61.4 20 The Holiday ABC license was executed and file -stamped 9-11-14 and evidences Holidays ; l binding agreement between Holiday and ABC. Holiday agreed with their signature, that Rule 22 61.4 was the reason for the ABC operating restrictions. Holiday further agreed that violation of 23 the conditions "shall be grounds for suspension or revocation of the license(s)." 24 The 9-11-14 ABC Condition #2 Preempts the City's Noise Ordinance at the Facility 25 As of 9-11-14, the ABC took whole control of the audio component of entertainment 26 provided at Holiday. They did this by conditioning fugitive sound from Holiday -provided 27 2 Bus. & Professions Code § 23789 Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust -- 2$ $_ -- 1 entertainment to be zero, or silence. The City's Noise Ordinance as relates to this state -licensed facility is preempted by the state -imposed condition. The City has no regulatory capability with respect to fugitive entertainment sound since sound is not measured in the negative. z 5 The City's CUP Conditioning is Heavily Weighted to Noise Regulation by the City A negative result of the material and prejudicial omission of the ABC operating restriction 7 resulted in a City staff recommendation to the Planning Commission to approve the request for live entertainment with conditions. The conditions include much City staff man hours and P activities in an area the ABC wholly controls. The regulatory goals of the City's proposed j 10 conditions directly dilute the ABC conditions. Taxpayer dollars fund both the state and city Il 1 regulatory efforts, and one can only conclude waste as a result. These are not grounds that 1 13 support a finding to support live music at Holiday, and are wholly irrelevant. 1{ I 14 The City's CUP Conditioning Encourages Operation of the Facility in Violation of ABC is Conditions l The City's CUP proposed conditions undercut the ABC operating restrictions to a less 1 strict standard. Holiday has demonstrated clearly that is seeks to abide by the City's Noise B 19 Ordinance and it's less strict standard. This allowance of fugitive entertainment noise is a violation of the ABC conditions, which "shall be grounds for the suspension or revocation of the 20 21 license(s)." 3 The issuance of a CUP for live entertainment under these circumstances is not 22 reasonable under any interpretation. I; The City's CUP Conditioning Fosters Invasion of Residences Privacy The City's proposed conditioning include multiple layers of sound measurement and 25 exhortations from the applicant, their supporters, and Planning Commissioners for CAC residents 16 27 to acquiesce to sound measurement within their property, and indeed, even within their homes. In The bty's Noise Ordinance is measured 25 feet from the source, and allows 40± dB depending upon various variables 3 Refer to Holiday's ABC license Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust 2 1 q I light of the ABC prohibition on any fugitive noise from Holiday even into their own parking lot, the omission of the ABC conditions allowed City officials to become complicit in overt demands 3 4 to give up resident's privacy. This negative impact from the material omission of the ABC 5 conditions reinforces the CAC resident's view of Holiday as a predator, wholly dishonest, and a i 6 neighbor which requires more than good fencing.' 7 Material Omissions Resulted in Biased and Prejudiced Correspondence The material omission of the ABC sound prohibition should cast significant discount to all 9 the communication received in support of Holiday's request. Any letter of support in the light of 10 the ABC conditions are properly discounted. The proper channel to make significant changes to 11 12 controlling laws and regulations is not via a City CUP; 13 Material Omissions Resulted in Impr oper Notice to the Public R 14 The material omission of the ABC sound prohibition condition can not in any reasonable I 1s or objective standard be considered proper notice of the matter. Viewed in the light of the 16 proposed City conditions, it could be called fraud and misrepresentation. 1 Material Omissions Caused Irr eparable Harm to the Credibility of City Appointees 1 19 The material omission of the ABC sound prohibition, and the sudden surprise introduction -)0 of them, resulted in significant dais discussion during the Planning Commission hearing on 1 9-12-16. The dais discussion, while incredulous at first, quickly devolved into what 22 Commissioner McCarthy called for: a `carve out' of the ABC condition he referred to as a 23 `poison pill'. The Planning Commission worked diligently to divorce the ABC condition 24 regarding sound, while during the only other hearing earlier in the session, created the condition �v stated by the ABC 32 condition, for a UFC gym 300 feet from residences. 26 27 4,oE ay's predecessor was Maison. The current operators are indistinguishable in behavior from the purportedly divorced prior ` .'a. nagement', except by their sugar coated veneer. The prior management's neighborhood outreach to CAC residents is highlighted by their attorney screaming at a CAC resident to '`move" and "move out". Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust 1 i Y The Holiday Facility is Incapable of Containing their Business Model f During the 9-12-16 Planning Commission, Holiday presented respected Acoustical 4 5 Engineer Mike Holritz from Landrum and Brown. His direct testimony was that the facility could not contain the sound, but could meet the City's Noise Ordinance. i Holiday Willfully Will Not Comply with the ABC Conditions Mr. Holritz testified during the Planning Commission hearing 9-12-16 that the volume of i 9 noise the CAC residences have to withstand is directly under the control of Holiday. 10 The CAC Residents have Filed a Verified Complaint with ABC 11 1 A verified complaint was filed by a Center Street resident. That complaint was filed on or I about 9-15-16 with the Santa Ana ABC office, and to the best of our knowledge, that is an open 14 investigation. The complaint is based upon violation of the ABC conditions, and was accepted 1 under Sections 25601 and 24200. While the City's staff report shows no disciplinary action, the 16 issuance of a CUP to Holiday, while under this cloud, is not prudent. CAC residents make weekly 1 1� and bimonthly complaint reports to the assigned ABC investigator. l Residents have called CMPD Numerous Times with Noise Complaints from Holiday l9 CAC residents have made numerous direct requests to Holiday, and requested CMPD l numerous times during each weekend period of Thursday thru Saturday evening, request Holiday 22 "turn it down." City officials have telegraphed pressure to CAC residents expressing they `don't 2 want CMPD responding to noise calls at this facility. This attitude has also been expressed by the ?4 CMPD field officers that respond to calls. All efforts directed at Holiday to operate within their 25 ABC license have failed. 26 27 Material Omissions is Resulting in Ongoing Harm to the Center Street Neighborhood The Holiday operation, in it's willful violation of ABC conditions is per se a nuisance. This Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust 1 nuisance takes form in stress on the negatively impacted families and children in the neighborhood. The violation of the Rule 61.4 triggered ABC conditions harm specifically these 3 resident's interests in safety, health, education, the economy, and the political process. �I Harm to the Center Street Neichborhood in the Form of Diminished Safety �E 6 The CAC residents are less safe now, than before Holiday's operations. This is evidenced by the CMPD field reaction to calls, which is diametrically opposite CMPD staff and ABC command recommendations. Despite many efforts with CNIPD field officers to issue a citation, residents are continually 'talked out of it'. Meanwhile, calls to CMPD watch commanders yield 1,0 totally different recommendations as to what to satin to responding field officers. I1 1In addition, residents are more than aware of the diminished public safety staff, are 13 guilt -tripped out of calling CMPD, and it is clear from Commissioner comments that they do not e i l 14 want CNIPD being called. An examination of the conditioning efforts further reveals that Code 1 Enforcement should be contacted instead. Residents can only shake their head as it is obvious that `- 16 code enforcement may have a bodv here or there on night duty, but calling CAPD does not produce CE personnel. l� Harm to the Center Street Neighborhood in the Form of Damage to Health ,tHolidav sugar coats their application with the, siren song of 'live entertainment' while they 1 are simultaneously and non-stop assaulting the Center Street neighborhood with unmitigatable 22 bass notes until 2 a.m. This low frequency sound, originating in such close proximity, is penetrating the structures of the CAC residences. There are known health effects from this that 24 CAC residents are now suffering -from including but not limited to headache, emotional stress, 25 and disrupted sleep rhythms. The age range of the negatively impacted residents is between t6 6 months and 60 years of age, 2 77 28 Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust I Harm to the Center Street Neiahborhood in the Form of Educational Impairment Negatively impacted residents include school age children. It is common knowledge that i children need a full night of rest to perform their best in school. Holiday has directly infringed �z upon that since the Newport Mesa Unified School District 2016-2017 school year began. This 6 educational impairment during the school year is not limited to `school nights' of Monday through Friday, but also directly and negatively impacts school activities on Saturday. These include activities such as band and sports. � f 9 Harm to the Center Street Neighborhood in the Form of Economic Hits 10 Center Street residents have no use of their yard during Holiday operating hours. This is an. ll r 12 economic hit. Some residents have resorted to white noise devices to attempt to mitigate the bass. I- This is another cost. 14 But the largest cost in dollar terms is the assault of the Rule 61.4 protections against the 1s impairment of our property. The Rule 61.4 goals are eviscerated if the Holiday nuisances are 16 allowed to continue. Center Street real estate owners should be able to proffer the 61.4 -triggered 17 ABC conditions to reassure any potential buyer that their property is not impaired by a 1 19 non-compliant, illegal bar. These Rule 61.4 protections against impairment are at work in tens of t� thousands of ABC licensed facilities that back up against residential neighborhoods throughout 21 the state of California. 2v The City's complicity in furthering this assault on Center Street should not continue, and 2-1 the Center Street residents have been very patient letting the administrative remedies path play �4 out. It should be noted that blockbusting by use of a negatively -impacting illegal bar. and 2 bringing blight to a neighborhood, impairing property values. is not good local governance. 2)6 Despite the staff reports characterization of the neighborhood as `high density' the majority c y of property on Center Street is Single Family owner occupied homes. One third of those parcels Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust 2-q i 3 4 5 6 9 10 1? 13 14 1s 16 are duplexed, and the nuisance from Holiday further impairs the neighborhood's economic progress by their nuisance presence which is a negative screen for prospective tenants. Their continued nuisance has already proved to be a major irritant to renters and will exert negative pressure on rents that can be achieved. Political Harm to the Center Street Neighborhood The Holiday operation was a contributor to the Mayor Stephen Mensinger's bid to return to the dais in the 2016 general election. Owners of the bar are politically adept and CAC residents are well aware of their machinations with all the member of the City Council. When it becomes apparent that the Center Street neighborhood's fate is at the whim of political connections and pay -to -play whether in-kind or otherwise, the neighborhood is disenfranchised from the political realm. Despite all our political efforts, we are keenly aware that the welfare of our small neighborhood, the children and families within, could fall victim to political predation. The Violation of the Rule 61.4 Triggered Condition is Class Discrimination Rule 61.4 establishes a class of residences statewide. This class is host to tens of thousands of ABC licenses and are the first line of defense against neighborhood degradation from the negative impacts of widespread alcohol availability. The preservation of these class rights that protect the Center Street neighborhood should be the focus of the City's conditioning efforts for Holiday. To do otherwise is to single our neighborhood out for separate and unequal treatment and is discriminatory. Argument in Support of Denial of Application for Live Entertainment by Pange Family Trust Subject: FW: Holiday ADDITIONAL DOCUMENTS FOR PH -2 From-. Kimberly Vig [maiito:vio,kimberly .... yahoo,com] Sent: Tuesday, November 15, 2016 2:50 PM To: LEE, MEL <MEL.LEE costarnesaca. ❑va Subject: Holiday Hi Mel, I wanted to let you know that I support Holiday having live music in their establishment! I'm 31 years old and my friends and I love going there on the weekends for drinks. The DJs are really good but live music would make the place even better! I hope the city council will approve this application! Kimberly Vig Sent from my Verizon, Samsung Gataxy smartphone - Zq S- Subject: FW: [BULK] Importance: Low ADDITIONAL DOCUMENTS FOR PH -2 From: cwurr@aol.com [mailto:cwurr@aol.com] Sent: Tuesday, November 15, 2016 2:58 PM To: CITY CLERK <CITYCLERK@ci.costa- mesa. ca. us> Subject: [BULK] Importance: Low Dear Council Members. Please deny the conditional use permit for live entertainment at 719 W, 19th Street, Holiday venue. This is "not in the right location" as stated and decided in chambers during public hearing May 2015.It impacts the quiet enjoyment of our neighborhood and has caused sleep disturbances which can be very detrimental to our health. We are an already impacted neighborhood, seen by the police calls for service documented in the planning commission agenda reports dated May 28, 2015 and September 1 2016. The calls to that location are 7 times higher In the past year. 61 calls documented for 5-1-2014 thru 5-26-2015 and 215 calls documented from 8-1-2015 thru 8-23-2016. There are at least 7 existing bars and restaurants with live entertainment available within blocks of Holiday. 2 blocks west of Holiday there is Casa and Detroit. 2 blocks south, there is Tiki lounge, 3 blocks east, Social and the Triangle Square restaurants and entertainment, including Sutra(new name now), and Yard House. And across the street from Triangle we have Goat Hill and the Boulevard. Most of these are not located within feet of permanent residential neighbors. Thank you, Carole W urr Subject: FW: No on 440 Project. ADDITIONAL DOCUMENTS FOR PH -2 -----Original Message ----- From: Nafey [mailto:nafeygirl@aol.com] Sent: Tuesday, November 15, 2016 2:57 PM To: GREEN, BRENDA <brenda.green@costamesaca.gov> Subject: No on 440 Project. To The city of Costa Mesa , My name is Nafey Wennerberg l live at 457 Elmhurst In. I oppose the 440 project that the developer is trying to get approved. As a resident of 19 years I don't want this in our college park community. It will congest our our neighborhood and our streets. The parking will be a mess. We already have people from Mediterranean Village parking on our streets . Now we will have a 28 house development with only 5 extra parking spots for there friends? So there banking on our street to provide parking for them? I don't think so! Has there even been a traffic assessment done? If so, I don't see how this can pass?! We never in all these months received any paperwork regarding this project starting AGAIN? Some how they just happen to mysteriously miss our street or most of the houses on it! Humm a little fishy to me! This can not and should not be passed! I was at your meeting last night the 14th and it seems many were saying the same thing, do not approve this project! So please do your job for us and listen by not allowing this to go through in our small quant community we love so much! See you all on the 21 st for the meeting then! Thanks, Nafey Wennerberg 457 Elmhurst Lane 2q q, From: LEE, MEL Sent: Tuesday, November 15, 2016 3:28 PM To: GREEN, BRENDA; TRAYLOR, MARIAN Cc: TREVINO, JAY M. Subject: FW: Regarding the Holiday Application From: John Ursini [mailto:jursini@rlbcompany.com] Sent: Tuesday, November 15, 2016 3:27 PM To: LEE, MEL <MEL.LEE @costamesaca.gov> Subject: Regardingthe Holiday Application To whom it may concern I am writing in support of the Holiday application for live entertainment. We need more Westside businesses to be able to succeed in order to bring the Westside up to where it should be. There is a lack of Well-run community focused businesses serving the Westside who attract a higher paying clientele. This business will succeed in attracting that clientele to an area of the city who greatly needs assistance to maximize its full potential. Please help the Westside of Costa Mesa thrive. I am concerned that this part of Costa Mesa will be left out if we do not get support from those of you on the council who want this city to succeed for not only our residents but also our businesses, It's going to take both to make this city Great. Please don't.forget about the Businesses! It's not easy on the Westside. Please don't make it harder that it already is, John Ursini Proprietor Newport & Naples Rib Company (949)631-2110 iursini(a).ribcom anv.com_ "We have a lot of competition, but our Ribs don't" SLeD LANDRUM & BROWN Memorandum Date: November 15, 2016 To: Marty Kish, Holiday Costa Mesa From: Mike Holritz, INCE Subject: Site Visit at Holiday (Project #578001-0500) This memo presents the findings of our site visit and sound level measurements at the Holiday Lounge in Costa Mesa, California on November 5, 2016. The purpose of the visit was to determine compliance/non- compliance with the City of Costa Mesa Noise Ordinance limits, which are provided in the table below. Since the project will operate at night, the nighttime noise limits will apply. The limits in the table include a 5 dBA adjustment since the source consists primarily of music. For this project, the defining requirement is that the music noise levels from the Holiday facility not exceed an L50 level of 45 dBA at the adjacent residential property line. Table 1 CITY OF COSTA MESA NOISE ORDINANCE STANDARDS Noise Level Not to Be Exceeded During Nighttime Hours Time Period Metric (11 p.m. to 7 a.m.) 30 Minutes Per Hour L50 45 dBA 15 Minutes Per Hour L25 50 dBA 5 Minutes Per Hour L8.3 55 dBA 1 Minute Per Hour L1.7 60 dBA Anytime Lmax 65 dBA The City's Noise Ordinance contains a provision for adjusting the noise level limits upward if ambient levels are sufficiently high. The measurements show that the ambient noise levels, predominantly from traffic on 19th Street, are significantly louder than the music levels from the Holiday facility. 19700 FAIRCHILD ROAD, SUITE 230, IRVINE, CA 92612 PHONE: 949.349.0671 -2�q- MLHoliday Measurements 11-5-16 Landrum & Brown Project #578001-0500 Noise measurements were performed at the project site in the early morning hours (midnight until 1 a. m.) on Saturday, November 5, 2016. Measurements were made at the southern property line, at a receptor height of 15 feet above the ground. Simultaneous measurements were performed inside the Holiday night club, behind the DJ mixing board. The measurements were made with Bruel & Kjayr 2236 Sound Level Meters, which were calibrated before and after the measurements. This noise measurement system meets the American National Standards Institute `Type 1" specifications, which is the most accurate type of sound level meter available for community noise measurements. The meters have current certification traceable to the National Institute of Standards and Technology (NIST). Pre-recorded music was being played by a DJ, and the sound levels were measured inside and outside the facility simultaneously. Measurements of the noise levels from the Holiday facility at the property line were made difficult due to traffic on 19th Street. The results of the noise measurements are presented below in Table 2. Table 2 NOISE MEASUREMENT RESULTS (dBA) Type, Location Inside Holiday Facility South Property Line * Caused by traffic -related noise. Lmax Leq L50 Lmin 96.8 89.6 88.8 75.2 56.4* 51.2 50.8 48.0 From the measurement chart (included at the end of this report), it can be noted that the music levels at the southern property line did not increase significantly during several periods when the interior noise levels increased. Several periods can be seen where sound levels increased inside the Holiday facility, with no corresponding increase in the outside levels. In fact, several periods can also be seen where the outside levels were near the minimum measured level for the measurement period at a time when the inside levels were fairly high. This indicates that traffic noise comprised a substantial portion of the overall measured levels. 3(DO - Landrum & Brown Holiday Measurements 11-5-16 Project #578001-0500 Examination of the measurement data and the field observation notes indicates that the loudest of the music levels measured at the southern property line were between 48 dBA and 50 dBA. The L50 levels from music at Holiday would be somewhat lower. The ambient levels due to traffic varied between 50 dBA and 56 dBA. Therefore, the music levels from Holiday were lower than the traffic noise levels during the same period. Voices from inside the Holiday facility occasionally reached about 53 dBA. However, this only occurred for a very short period, and was not loud enough or long enough to exceed the Noise Ordinance limits. This noise can be further mitigated through operational controls. It should be noted that live music, while somewhat different in character, is not intrinsically louder than pre-recorded music. The sound level of each type of music is ultimately dependent upon the volume setting of the amplification equipment. Live bands may use their own amplifiers and speakers, as well as drums. Therefore, if live music occurs at the facility, measurements should be performed to demonstrate compliance with the Noise Ordinance. Low frequency sound (bass) is harder to control than higher frequency sound. While it may not be possible to completely eliminate bass sounds, they can be reduced to a level that is in compliance with the City's Noise Ordinance standards. The sound levels from the Holiday facility during these measurements were lower than the ambient levels, and since the Noise Ordinance limits can be adjusted to match the ambient levels, the music levels would then be in compliance with the adjusted Noise Ordinance limits. If you have any questions, please feel free to contact me. Sincerely, Landrum & Brown Mike Holritz, INCE Consultant 3©1-- Holiday Lounge ou�le. 100.0 11-5-16 -1m Ne :grlre i� ,.a ......... IIIv.J- Midnight to l a.m. I Dona`:a�,R.�o=• Mill:i ul lnc: : �.c 9ll,Jc—SlenJarJ 95,0 900 850 eO 0 Fi 0 poo 650 60 0 i5 0 a CarE— Evam , 50 0 45 0 10.0 S o o a a fl o o$ j o o a o 0 8 0 0 8 0 a S v 3 3 o g o o a o 0 0 0 0 0 0 o$ a o a S o 0 8 S 8 0 8 o S S 3' g s —�sO2' PRESENTED AT PLANNING COMMISSION HCL Panning Commission Hearing September 12, 2010 Operational for 50+ '111e-%ars 40 July 15, 2016 - Present: Holiday (in operations for close to 9 weeks). Current Capacity 223 O 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. Team Overview Holliday Management Team � - Mike Kinsella General Manager - Rob A.rellano Director of Marketing - Dave Doyle Director of Promotions - Gene Brezeale Director of Entertainment NMaiis®n West 19t" Street, LLC - Marty Kish Managing Partner 11. Permit Request ® Request for approval of Conditional Use Permit to allow valet Parking and Live Entertainment as an addition to the currently permitted ®J music and dancing. ® This request allows the City to implement additional control over all 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 a[[ proposed conditions as recommended by Staff. • Clarification to Staff Report on page 3 ® Roiand Barrera is NQT involved in running Holiday in ANY capacity: ■ NO decision making, operational or administrative responsibilities. Retained litigation law firm Keker €r Van Nest to protect Holiday's interests & to keep it this way. -:-305— 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 Outreach • Invitation sent to 30 s,.irrounding 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. e 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 i • 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 31 st. From July 15 until September 1 st no complaints were received. As of September 1st 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 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. All Bartenders are required to complete State of California LEAD r Ha.sAtteaaded and Completed (lie Department of Alcoholic Beverage Control's Licensee Ecluication on Alcohol and Drugs Alcohol Seller/Server Training Program SAIADEN 7YaMer - - -- pare of Twinhw Security Provided by 5 Diamond Protection • Certification of all guards by the State of California (BSIS) MIS 308 Front and Side Elevations • New roof, paint, signage to Frontage. • Insulation added to mitigate potential sound spillage / allows for greater protection. NCR, 4 / FRONT ELEVATION EAST 1 SIDE ELEVATION Exterior: Before and After Lion's Den --3©G- Holiday Rear Elevation • Parapet added to screen AC vents both from visual and noise pollution. II 6 �F 4 SOUI: ;REAR ELEVA,]ON • Insulation added to South and East wall. • Doors and seals replaced / Solid wood core doors. • Security personnel stationed at rear doors. Rear Elevation • New parapet, new paint, new insulation. Waste Bin is Temporary. Storage Units are Temporary. —310 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 . IR Installation of So! andEAR. Lion's Den Site Plan ■ Site Plan M Interior Before and After Lion's Den Holiday Insulation and ADA _ _.r • Access Compliance Review Report CASP 300 Sound & Noise NARigation Landrum & 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 Aviation Planning at the Leading Edge proofing. - Upgrades and installation of insulation to Holiday's south wall. - Installation of parapet walls to the south edge of Holiday. - installation of a sound level warning device. L&B provided the Acoustical studies forthe Pacific Amphitheater. Sound Ear/ Sound Monitor • Device that measures sound. • Keeps green if noise levels meet programed thresholcls. • 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. Holiday adds to the Culture and Re%,ita [izat ion ®f thin 'Nestside LOCALE Wntsido rash th-s.i Cantiucs Io Seine with Add tion Ot �01i'*Iy I , '1 4-1 , L. m ) -.1 , 'd- 1-- DailyPilot Speakeasy-stfle bar nears opening in Costa Mesa 11 WEEKLY "kW, f4ew coda Mesa ow" Loun", Ws You McwuvO Yow innerOahby PIPLIlatt-d JjOppiIkqcroft JII UM, N11 -011t d., r 1A h� COLGAN, JULIE Subject: Holiday Sound Mitigation Letter Attachments: Holiday Site Inspection Memorandum-090916.pdf From: David Obbage [mailto:dobbape@segadvisors.corri] 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 dobbag e@setL_�tdvisors. co m Tel (949) 381-7540 1 Fax (949) 756-2594 DRE License # 00848042 PLEASE NOTE NEW CONTACT INFORMATION From: David Obbage [mailto:dobbage(ci seciadvi5ors.com] Sent: Friday, September 09, 2016 5:48 PM To: r ickson.cm c mil. rn 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 dobbage 5,seq advisors. com Tel (949) 381-7540 1 Fax (949) 756-2594 DRE License # 00848042 PLEASE NOTE NEW CONTACT INFORMATION SLeme 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 —31(0 NE 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. _31q- 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 15W - Mike Holritz, INCE Consultant COLGAN, JULIE Subject: In support of Holiday and reinstating Live Entertainment Permit From: esther reyna mailto:errq ale ahoo.com] Sent: Monday, September 12, 2016 3:08 PM To: LEE, MEL <MEL.LEE costamesaca. ou> 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 - a (cq — COLGAN, JULIE Subject: Holiday Live music From: }effcmar uis aol.com maiIto: "effcmar uis aol.com] Sent: Monday, September 12, 2016 4:22 PM To: LEE, MEL <fy1CL.LEEcostarnesaca.oy> 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 Patrickctwoodinvestments.com 949.497.8580 work 949.300.0553 cell - 321- 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 tonight's meeting. Please keep us safe and deny the request. Sincerely, Carole Wurr RNCMNN, IBCLC - 3-2-:11' 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 costamesaca. 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 N3..� VII NT VaEi PO Box 8665 Newport Beach, CA 92658 P: 949-644-5522 E: bill@nev.com COLGAN, JULIE Subject: Holiday Live Entertainment CUP From: David Team rTiailto:DTeam wa oint .com] Sent: Monday, September 12, 2016 9:42 AM To: LEE, MEL <MEL.LEE @ costamesaca. av> 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 567 Sart Nicolas Drive, Suite 270 Newport fleach. CA 92660 Phone: (949) 200.67.5.5 Erman: 1)' Teaoi(,b%vu)I ointtw,e aai 7-2 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 3zs--- SEP 12 2016 COLGAN, JULIE Subject: In support of Holiday and reinstating our Live Entertainment Permit From: Madison, Scott (hurley) iiiaiito.Scott.Madison nike.coi)i] 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 Radloff [mailto:d. Ianradlof l mail.�ol�lI Sent: Sunday, September 11, 2016 10:00 PM To: LEE, MEL <MEL.LEEcostamesaca. 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 Dviai-)Radlof-fl@gmail.com 195 Admiral Way Costa Mesa, Ca 92627 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: cathegoldenstate@g mail. 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 -32-9- Y� COLGAN, JULIE Subject: Holiday CUP Hearing From: James Crocenzi [mailto:ln crocenzi cox. et] Sent: Sunday, September 11, 2016 8:56 PM To: LEE, MEL OJIEI_.LEE@costamesaca.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 / food and beverage industry, and I support their right to have live music/entertainment 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 --X — COLGAN, JULIE Subject: Live entertainment at Holiday From: John Gebhardt[mailto:' eb1hardt2 mail.com] Sent: Sunday, September 11, 2016 5:29 PM To: LEE, MEL <MEL.LEE @costamesaca.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 for the 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 --330— COLGAN, JULIE Subject: Holiday ----Original Message ----- From: Diane.Dekovner@yahoo.com[mai Ito: 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 COLGAIV, JULIE "P � — cz Subject: Holiday Live Entertainment Permit From: Cate Hanley mailto:chanle demandware.com] Sent: Sunday, September 11, 2016 1:13 PM To: LEE, MEL <MEL.LEE@costamesaca.gov> 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, Qate HaMey I Sales Executive Southern California P: 650.580.1443 www.demandware.com Odemend,/vatil,-E.) mtn•cfavw. growiast" COLGAN, JULIE Subject: Holiday - Life Entertainment Permit (support). From: Guy Johnson mailto: uJohnson€ 'ohnsonca ital.com] Sent: Saturday, September 10, 2016 6:41 PM To: LEE, MEL <MEL.LEE costamesaca_gov> 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 mailto:hale roup mail.com1 Sent: Saturday, September 10, 2016 2:15 PM To: LEE, MEL <MEL. LEE costa mesaca. 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. We are writing a story in our January issue 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 /// Publisher + Founder c: 949.400.7621 /// o: 949.436.8910 e: erk_localemagazine.corrn LOCALE locaiema azine.com 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 QFµ COLGAN, JULIE Subject: Holiday Live Entertainment Permit From: Donald Bassler mailto:donbassier mail.cornj Sent: Saturday, September 10, 2016 4:34 PM To: LEE, MEL <MEL.LEE costamesaca.gov> 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 —a -3G— �H z COLGAN, JULIE Subject: Live entertainment at holiday From: Jeff Kaplan snaiita:ilca tan thebrookhoflow rou .com] Sent: Saturday, September 10, 2016 4:46 PM To: LEE, MEL <MEL.LEE (@costamesaca.goy> Cc: David Obbage <dobbage@segadvisors.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 jkaplan tt,thebrookholioLN g_roup.com • thebrookhol[owgroup.com From: Logan Harriger <, jov,o1 ii k ;S i > Date. September 10, 2016 at 5:34•:17 PM PDT TO' Subject- Sound rating study Hi Marty, Our house received mail frorn you today regarding a sound rating study for your far 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 you! However, the liquor license for Holiday stipulates that noise from your establishment should not be audible outside its promises, 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 soured rating study. Thank you for striving to be good neighbors! Best, Logan Hear Neighbor, '+lie, 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 testif 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 tailing 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 & Browns 2. Installing enclosures for exhaust fans; 3. Upgrading doors and seats for sound proofing; 4. Upgrading and installing insulation to Holiday's south wally & Installing parapet walls to the south edge of Holiday; S. And installing a sound level warning device. To participate in this .study, please call Many Kish at (9449) 400-6914 to make an appointment. For more information regarding our sound mitigation measures or Holiday; please feel free to contact Marty Dish by phone at (949) 404-8914 or by email at cathagoidenstate@gmaii.com. Sincerely, Social Management Group & Pacific planning Group, inc. 3—Z!q — LL -err = a , :.w 1911 5t ��rr* F• = P Y i f t- "y�79 119th a,,.,. a.=�.. ��y �._. .,, � x _ � , a s_:.F111� fly. •:aR. � ' ^ � j UO - tv i•1 '7UL_ Subject Pa cel sm *Sli { RL IMF IL1 -moi - T '- �• - �� � - , ®m '' r„ 0 0 M M r co co r- CO N M co M L0 r I- r 0 r f -- LO LO LO LO L0 O co Lo 10 co r LO LO O Co LO Ln 10 N L0 LO CD LO LO LO co O LO LO It co LO LO O r LO m L0 't M CO rM M N O O co co Ln r M co LO M co fl- M M r— (6 R M f-- ti R P— 4 1" N N N N N N c0 N N N LO N N N LO N N N N N O N M N N h- N N O N Il O O CO CD O CO f~ O O O O O CO O O (D O Co O CO O CD O O O CD CO CO u) O N N N N N N r N N N N N N N N N C`J N N N N N N N N N N N N N is Q Q Q Q Q Q Q Q Q Q Q Q d <C Q Q Q Q Q Q Q Q Q Q Q Q Q Q< Q W Q Q J Q Q Q} Q Q Q Q Q Q Q Q Q Q Q Q Q Q p Q Q Q Cl) woo -ow Cn W W p w W Ww W W F° W W W F- w W w W w W W W Z W W W W :2Q:2 2: U:2 2:E fY X 2 2 2:E :E 2 m Q :2¢:E 2E® 2 H ® H H la- I¢ f1 Fes- Fes- W H H I¢- H h Z O H D P H H cn cn of w 0 cn cn 0 0 3: w U U 3: m cn U U cncn cn c7 w cn w cn o 0 0 0 0 o w o 0 o w o 0 o w o 0 0 0 0= 00 0 0 0 0 0 >_ o U U U U U U U � � J w U J W WQ F- W F- F- {- Z U) (n (n UJ (n � M F- U) U) (n U) M U) L 0M (n Q (n OJ U) (n O fn UJ ci UJ fY Of w 0 0L U) fY 2 W CC W 0-' LL, � 0 Z� W W �i W W W W Z W CA W W W L) W W W W J W Z w W w W Y w F- F- F- Z F- r F- F- F- r F- ZF- W Z z w Z z Z Z Q Z X Z Z Z X Z Q Z Z Z z Z U Z z Z Z Z 0 W WW W W W W O W O W W W O W 0 W W W N Wr W W Z W W m W U U r U U U - U U M U U U pp U C) U U U N U00 U U Q U U O U N CO O N CD O r 'It CD ';tM� LO (D M L0 0 r- LO N �� M f- 0 M O O N r r N I,- N V N o M M U M M N CO N r N CO r 0 O <C ry Q 2 ('D p (n O Q J Z O J Q w LU < O OLLJ W O W O 2 Q 2 z z cn ¢ Q z � O 1 > :D Z 2� W m> Z � N p F' Z U F^ < F- F" w m Q F- LLI < F- U� F- U < F- !Y ® F D z O z p Z �% Z o z x Ix 0 Z J z w z w z 5 m z z d N p W ( j (n W 0 W Z LLJ Z 2' w W= W E- � J W J W J U w 2� W w p< w p w Z Z p Q p Z p O W_ p p U p in J p<® p p} 0 CC a w cn ¢ w cn cn O cn F- F- z w J cn C° Q w x (n > O 7 O J cn M W O= w 0 m T W Q W U W a p w w O W W 2 W O W w 2 W S O W Z F- J F x J U U x L x O x m 0 m x W L(n x ";T LO CO CO f� N M r r N N M ;;' 0 L0 CD 0 h w M m O O i NN N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 O O O O O O O O O O O O O O O O O O O O O O O 0 O O O O O O O N (V N N N N N N N N N N N N N N N N N N N N N N N N N N N N d N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ac w fY �= w = w= w w= w w= w w� fY w W W W p W W W p W p W p W W W p W® UJ W W p W® w W p w W p � � � LOU � � � w LOU � LOU � � � LOU � w � � 3 w � w � LOU � � w O o o= 0 0 0= O= o rY 0 0 0 x 0 it O o O= o C, 0 0 w 0 0= fl r N M M Li') O M f'- co CXR (A O r N N M � L0 L0 CO CO I-- O M O O O r r r r r r r r r r r r r r r N N 1 �� TV:Z COLGAN, JULIE Subject: Holiday -----Original Message ----- From: Gary Grane fmailto:gary@lovebags.com] Sent: Saturday, September 10, 2016 5:05 PM To: LEE, MEL <MEL.LEE@costamesaca.gov> Subject: Holiday Hello Mr. Lee I'm writing to voice my full support of approving a live music permit for Holiday on 19th street. 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 COLGAN, JULIE Subject: Holiday Entertainment Permit From: Stephanie Salinas malito:ste hsuesalinas mail.corn] Sent: Saturday, September 10, 2016 12:46 PM To: LEE, MEL <MEL.LEE@costam_esaca.eov> Subject: Holiday Entertainment Permit Hello, My name is Stephanie Salinas and I am a Cost Mesa resident at 1665 Irvine Ave Apt 1, 92627. I 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 3-4-4- COLGAN, JULIE Subject: Cathy Kish From: cathy kish [mailto:cakgrandma m�all.com] Sent: Friday, September 09, 2016 6:15 PM To: LEE, MEL<MEL.LEE@costamesaca.gov> 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 Quickmailto:monet. uicf ggmail.comj Sent: Friday, September 09, 2016 6:29 AM To: LEE, MEL <i\/I[L.LEL@cosLairaesaca.gov> Cc: Ashley Eckenweiler <ashley cgtheacea enc .com> 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 (P— COLGAN, JULIE Subject: Live music at Holiday From: Colin Kwoun maiito:colin.kwoun mail.coi)i] Sent: Friday, September 09, 2016 11:16 AM To: LEE, MEL <MEL.LEE costamesaca.gu> 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 __ t ,� ri 1 COLGAN, JULIE Subject: Holiday PA 16 55 From: Lindsay Arellano mailto:iindsa arellano28 mail.com] Sent: Friday, September 09, 2016 7:21 AM To: LEE, MEL <3MEL.LEE Wcostatnesaca. ov> Subject: Holiday PA 16 55 Hi, 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 JD 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<ME L.LEEPcostamesa ca.gov> Cc: Ashley Eckenweiler <ashley@theaceagency.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: httpsafthecottectivesound.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. W -2i6 be well zac smith Founder/Executive Director The Collective Sound MobileNVhatsApp: +1530.693.2058 Skype: zacsmyth zac4theco I lecti ves_o u nd . co m 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 ��I 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 ^ X52 - COL GAN, JULIE Subject: Holiday From: Mike Kinsella <mlc socialmgM1 r .corn> Date: September 7, 2016 at 7:48:31 AM PDT To: "Lathe oldenstate @gmail.eom" <catheo....ate mail.corn> Subject: Fwd: Holiday Sent from my iPhone Begin forwarded message: From: cc389 Costa Mesa <ec3892smartandfinai.com> Date: September 7, 2016 at 7:47:21 AM PDT To: "'mlc socialm mt r .tom"' <mk sociafm Ent r .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. 19th Street. Our newest neighbors to the south of our store is Holiday located at 721 W. 191h 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. 19th 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 19th 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 Salus _xecuitive, 'Olesi Region Phone: +1-949-643--7006 Mobile: +'1-71-4-24=1-7999 -mail: bwec@ooiumbuaglobal.corn Wumbu 7' j kr v you mc4; how,,, '19772 NlacArtnur Blvd., 5uiie 210. Irvine, CA 92612 www.columbusqtobal.com &0W[- Chl ffnkw arttrf Wft Crff4- Izi 3s.4 AUG -29-2000 19:16 '.BC SANTA ANA Depaitmeot Of AlCoholia Bevaraga CanRw Santa Ana District OfflCe 645 W. Santa Ana Blvd., Bldg 28, 816. 169 Santa Ana, CA 92701 Phone: 714558.4101 Fax; 714-953-448G c Li i roxt, IA FAX TRANSMISSION Total Number of Pages . P.001 St_il: yf t,.alifamio (Inc(uding this cover sheet) Original:7To follow by regular mail 0Will not follow To: -- (LS Y,-\ Fax: 7)L-7 V" % Date: Time. Co('s): From: en 0, Phono: 71 f- ^ 7 Subjoct: ` JAS! Comments: t? Y t 0 � NOTICE This corn murication 19 intended Only for tho us -0 of the individual or entity to which it Is addressed, and may contain Information that is privileg Od, canfid enti3l and exernpt from disclost,re undor applicable taw. If the reader of this rlossagn Is not the Intended rpClpion I. you are hereby notified that ayy 6IssomInodon, distribution 0 copying of this commur.}catian is Strictly prohliPItCd. if you have received this cc rarnu nica tion in error, please notify u jMmedlately by talcphono, and return the od p i rial me$$age to us at thy: above address. ABC -75 (7109) Flex �. � i OIrr 'POWY " Ee Energy Efficient" N4' AUG -29-2000 19:17 IBC SANTA ANA P.002 BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA IN THE MATTER OF THE APPLICATION OF MAISON WEST 19TH STREET, LLC LIONS DEN 719-21-23 W 19TH ST COSTA MESA, CA 92627 For Issuance of an On -Sale General Public Premises -• License Under the Alcoholic Beverage Control Act FILE 48-547675 REG. PETITION FOR CONDITIONAL LICENSE WHEREAS, petitioners) has/have filed an application for the issuance of the above -referred -to licenses) for the above-mentioned premises; and, WHEREAS, the proposed premises and/or parking lot, operated in conjunction therewith, arc 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 petitioners) 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. itrals_ ABC. 172(5194)�.f 7 ; epL. <<t r1iti�]:l� lig �S:rn•i:.n3�:�ui��'UI viilt:L 1''�kvl (�II?l:C AUG -29-2000 19:17 ABC SANTA ANA 4$-.547675 Page 2 - P.003 This petitiuri for conditional liccnse is made pursuant to the provisions of Sections 23500 through 23805 of the Business and Professions Code and will be carried forward in any transfer at the applicant -premises, Petitioners) 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) unde-rstand(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 s r q Applicant/Petitioner Applicant/Petitioner 8SrI TOTAL P.003 SubJect- Maison VVest 19th Sty-eet 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 Conditional i.lcerts [ARC con itJ_Qns];. 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 natio onl. 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 year property you control. The Petition for Conditional license was signers 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 "T' 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 irorn the ABC (see below). Roland Barrera's name swill 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 Chano 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 IBA 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, vwebsite, coding and DBA work. Let me know if you have any questions. Best regards, Michael Alichael C. C _ 1 LLQ; Cour✓sel Tyke)-, Wiener, Yliihehm c: V'3id _ :.,�; 1900 Nlai n S trio( uita !r/hne Cf'9261A Direct_ Dial (zi9) 851--72688 j F ax (94 0)_ 925-54?- i;')ci1� zL ,p�vx VV.p i R. irr _ hy, j yCai_d j v.i`_h"_!'��_CC�ti.i.. i ., ,`.fir' :.�T a R T C R _ v This message and any attached dooca dents contain information from, file law, firer. of Palmieri, Tyler, Wiener, Wilhelm & Watch -on LLP that may be privileged and confidential and protected f om discloszur. If the reader of this message is not the intended recipier t, or on employee or agent responsible for delivering this message to the intended recipient, you ars herebynntif3ed that an- disser'nination, distribution or copying of dais communication is strictly prohibited. If you have received this communication in error, please noti5y us ir_rimediately by replying to the message slid deleting it on) yon r cornputter. Thank you. SII, ni E OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ALCOHOLIC BEVERAGE LICENSE VALID FROM Nor 01, 2015 TYPE NUMBER DUP 48 547675 30CM 11 MAISON �WFST 19TH ST REF -T. i C 1900 MAIN ST 7TH FL 4.10 MICHAEL; HO PALMIERI TYLER IRVINE. CA 92614 RIJSINESS 4ODRESS DDA LIONS DEN OF DIFFERENTI 719.21.23 W 19TIl ST COSTA MESA, CA 92627 OVYNER& MAISON WEST 19TH STRFf t t IX EXP RF:5 3Yt J ! . t.; Iii ���-ir Ftcrt, IAAPIDRTANT INFORMATION EFFECTNE PERIOD TAIL Morass s tllf cv" only br me operahrV period ANmn above A new k mnse wit " wvt 4 to 5 weeKs e-4'_L"t � dew on 1� kon" ifp ~ is tarty YOW Lten" Statue wrd remain :n a� standing for 60 days afte, ttte erprra!,cn Iate "-e 0+rrre"Vxymerrt Wee naerred tlrrvOy To ch*.,k the status o1 y" k*nare vis4 ntta . Www abc ca goy dat•Jo�+LgSfJktnu h+�,! REN£WAL NGTKES Renewal notions are tient loornmbes addra+e unr R a ma4rng Ira wr ;s rtrgueStwx! Ili "Wlce s rc; raze<vej _„ eSeyst Belpre 4islWA W loss Olown six". Contact leas nrrar"l ABC officejdvtse your tacal ABG c!+'k�& sf dr:, ,.044 ,o .r. arldrsas. R&&'kfti L DAUS lb -9 rz,.wrQ. f�-4,+,yp! fee t]V Itae 9?2_ea K,P. zlls:�n r�Q41 _ A Pan"y a chanpa fw Im reraewW acrd tlite Wm*e Can be tuternaA.aHy r4u•:z7kvd fpr fa*ne to pay ItO&VAk PAYMENTS A*newal ptyr wu can to rrrarat n prow + by vW&V your kK*l of at or sent ay ma4 tc ABC Cy�I,t, FHM 1QQ, ��GrMY1Rr1p?. L:A Vii. it you do rief ifs lour r&ns,'Wal notow y0i,r "rim nuirit,q_-r arj .M4 tnf b# doarl F 6%d csWd an Mte dralit You r an card yarf kmW ABC of" kr your renewal the agvunf SEAS ]M A LCEKSEg h]�e W� r�n�w�ri fQr ! 1tw�xT�t r r+raq,nr rr,rr, PQ.STRO Cmvr Me bmae! le gbx Orolher frart 0rrent olaft", and poet A" p►erm"s n a platy GaDIVOiiipfiii A s4f�' rN ae ippMcsDf+ anndRirarrti rnerrft be (etpt ort fxerrrarbt9- t# !t$Bii lfiINAE 0o*fOnsinnswillbsollmtlae tiff each lfoenae Mrhe+e We Mone names +tssorattled wrth the kUltse tr*rp «-A be snd.�3!t,} XX 03�lIwW, AN name an oo lite card wAWbbin upon MMU& rt hole yorr bcAl AW ON* OSA: !t' VW ci,wW pots bLwmmu n41ma p ka" nr,wy pmr loetai AK *lone # s i►t]' r'. !eg rt+ rBrtp d►1e IrprnrMr. r uttaG yow btai A8C a You Cen Arid the contact ,n"l -a yon for e4ch'wr" Nsce at tk riti'+o-Yrakrw.f#.�E1titiA7r rtYp hW MOM, OpWACT y" LOCAL W UFpoCf IF VOW t ONOMED MEW" WILL BE TFIAPORARILY CLOSE 1) FOR MORE IIIAN t 5 UAY', 00 VALL Ml POWAOJOEK1LY CUXIW. 1pR # Lrcer»e Sereafe 1159304 �S!--�q —