Cities Index.
8. Applicant Letter

Costa Mesa City Council
January 21, 2025

Document
8. Applicant Letter
Meeting
January 21, 2025
Body
Costa Mesa City Council
Original file
12.3 MB
Text extracted from the city's file for reading and search. Open the original on costamesa.legistar1.com. That file is the official record.

Westend Background
Westend was previously the Big Belly Deli up until May 1st of 2017 and was transformed into Westend months later and is in its 5th year in business taking the 2021 Year off as it pursued an offsite parking agreement. The business was acquired, polished and created into a unique and hip southern and latin inspired artists cafe, bar & kitchen. Our mission is to continue to establish a cultured experience through a creative and premium classic southern and latin cafe style dishes and a classic cocktail menu with visually stimulating historic imagery, art, and architecture. We would like to legally include increased outdoor seated capacity, extended hours and an eclectic mix of national and localized live entertainment and set to reopen in mid 2022.

Proposed Extended Business Hours
• 5p.m. to 2a.m. Monday thru Friday
• 2p.m. to 2a.m. Saturday thru Sunday
Extending our services until 2am ensures our mom and pop the opportunity to succeed in one of the most challenging businesses and economic climate.

Westend would like to offer a multitude of genres and performance art to compliment its diners and locals alike. Proposed live entertainment & genres:
• Jazz

• Blues

• Rock & Roll

• Punk

• Dance

• Pop

• Soul

• R& B

• Hip Hop

• Metal

• Open Mic

• Comedy

• Dance Performances & Live Art.

Entertainment hours of ops will reflect the proposed extended business hours of 5p.m. to 2a.m. Monday thru Friday, Saturday & Sunday 2p.m. to 2a.m..

ATTACHMENT 8
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Bio’s
Tyler Hertzske - Co founder of Westend. Mr. Hertzske is and has been an international touring artist since 2008. He has toured and worked with the largest artists on the globe. From Ariana Grandes 2017 to late 2019 Sweetener Tour to the Lady Gaga’s Las Vegas residency, and currently production tour managing Lizzo. Mr. Hertzske has larger scale production and expertise in the live entertainment game. Mr. Hertzske currently is a homeowner and lives in Costa Mesa, CA
Pat Lloyd - Westend Partner. Mr. Lloyd was one of the early adopters to the Volcom family where he was the head of Sales for all Latin America and currently ended his 20 Year stint in early 2021. Mr. Lloyd has moved on with the same position at Columbia Apparel. Mr. Lloyd has lived in Costa Mesa, CA as a homeowner for the past two decades and splits his time between Oregon and CA.

Roland Barrera - Co Founder of Westend. Mr. Barrera is a building contractor and night life and special events producer for the past few decades. Booking and securing acts such as Eric Burden and The Animals to the current Rock and Roll greats the Foo Fighters. Mr. Barrera is actively designing and building an off grid eco friendly resort, live music venue and boutique hotel concept in Austin, Tx where he currently resides.

Splitting his time between CA & TX.

The three of us are extremely happy to call Costa Mesa home! Project Description:

Westend is tucked away over in the Manufacturing district of Costa Mesa. The multiple business that surround Westend are three type 48 liquor license. For those that may need clarity a type 48 license allows a business to pour and distribute alcohol/spirits to its guests without the consumption or sale of food. Westend has been feeding its community since early 2017 and strives at being the best in the foodie community.

So much so westend held the top 5 restaurants in the city via Yelp and or Google from 2018 to 2020.

Westend intends on recreating this position first, along with adding a cultural addition as it once was for many years in its “traditional use” fashion as “Evocal” an Art and live music gallery/venue, as well as the many businesses that operate within a block or two of its location. A list of other like minded business is here below for your review. • Semi Tropic Wine 6p.m. to 1am with Dj/live music - 816 W 19th St.

• Donkey D’s 8p.m. to 2a.m. with Dj/live music - 820 W 19th St.

• Gerabaldi De Noche 8p.m. to 2a.m. with DJ/live music - 810 W 19th St.

• The Wayfarer 5p.m. to 2 a.m. with DJ/live music - 843 W 19th St.

• Tiki Bar noon to 2a.m. with Dj/live music - 1700 Placentia Ave.

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Project Description Continued:
• Strut 8p.m. to 2a.m. and Sundays at noon to 2a.m. with DJ/live music - 719

• Social 5p.m. to 10p.m. during the week and to 1 a.m. on Fri-Sat. - 512 W 19th St.

Westend and its location as you can see has been a substantially compatible business going on its third decade now. The entire diner proposed usable space as it sits today is approximately 1,855 sf. Westend intends to conduct two seating times for our diners.

Dinner Timelines will be from 5p.m./6pm., to 7p.m./8p.m., and 7:30p.m./8p.m. to 10p.m.

The below is a breakdown in square footages.
• Front Patio - 101 SF
• Interior - 1034 SF
• Back Patio - 720 SF
Grand Total of = 1,855 SF
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Project Description Continued:

Front patio, interior, rear patio and outdoor space is all for our diners. Seated dining, beer, wine, and craft cocktail consumption. As stated these areas have been in traditional use since Big Belly was in ownership from 2009 to Westend up until December of 2020. And live entertainment was legal years prior from 2005 to 2008 (years may be off) with Evocal Art Gallery. Not only did the seller explain that all these areas were legal for consumption but the ABC auditor confirmed with us as well.

Therefore new ownership did not believe we had to seek further approvals since we had confirmation with the Alcoholic Beverage Control Agency. It was only until the TUP issuance that these exterior locations were brought to current ownerships attention that they needed to be permitted. We intend to utilize all areas for live and DJ music coupled with roaming Mariachi’s and performance art.

Westend is a family friendly all ages European style cafe. We will continue to thrive in feeding our community with a full service kitchen and bar. Segueing into the night life portion of the business model at approximately 10 p.m., Westend will have the CA Code and legal limit “when alcohol is present” of 1 guard per 75 patrons. We propose to have one guard at entry for I.D. check after 9p.m. An additional 2 guards will be present for the interior and exterior roamer once dining tables have been removed at approximately 10p.m. in the event we exceed 100 “standing only” patrons. We feel that the above stated is substantially compatible with The Wayfarer, Gerabaldi De Noche, Tiki Bar, Strut, Donkey D’s, and security scale model therefore would not be materially detrimental to both adjacent properties that surround our establishment.

The proposed areas of entertainment do not have any rhyme or reason. Each night may differ to the next depending on artist availability. The area in the center of the back patio facing the parking lot and old Hurly building would be the only area where we would host any larger live acts and or if they have more than 4 bandmates, due to the limited space requirements needed to do so. It’s possible on occasion or more of a special event that we will host a smaller Jazz 2 or 3 piece/Dj on the interior during dining hours and host a DJ/live act on back patio for larger dinner parties etc. *For your review please see attached Sound Plan for entertainment past 11p.m. -4-
Westend After 1 1p.m. Sound Plan
Noise Element
Vehicular Noise
The Corners of Placentia Avenue and 19th Street was calculated back in 2020 in a study done by Westend management over the course of two weekends. The noise generation for each night on the those corners between the hours of 11p.m., midnight and 1a.m. exceeded the residential limit of 55dBA and was averaging at approximately 64/65 dB(A). It’s concurrent of a study conducted by the city of Costa Mesa back in 2015 on the corners of Placentia and 20th at approximately 10am. which is one block north of our venue. Since then the city has increased its population as well as the demand in crossing over into the Westside.
*Leq describes the average level that has the same acoustical energy as the summation of all time-varying events. This descriptor is useful because the sound levels can vary markedly over a short period of time. The most common averaging period for Leq is hourly, but can be of any duration. The “dB(A)” is a sort of filtering in the frequency in the frequency domain, originally created to take the non-linear sensitivity of human hearing. The “A” derived from the sound pressure levels (SPL) in dB applying the so called A-weighting = “dBA”.

Points & Locations of Study 1(a):

From 275’ away 49 to 86 dBA with Leq at 64 dBA for
10 mins at midnight 10.16.20
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1 (b)
Directly in front of Westend. A 65 dBA Leq was measured. The Vehicular/ Urban Mixed Use noise pollution was the main cause of noise during this study and could not hear the music from the venues back patio for more that a few seconds over the vehicles passing by.

Noise Plan (from 2015 study)
Noise
impacts can be addressed in three ways: 1) by reducing the sound level of the noise generator, 2) by increasing the distance between the source and the receiver, and 3) by insulating the receiver. Noise reduction can be accomplished by placement of the walls, landscape berms and or a combination of the two between the noise source and the receiver.

With the above stated herein, the venue as we know can not practice #1 & #2. In the event Westend accrues calls from the westerly neighborhood we would like to be proactive and introduce ourselves to the property owners or tenants of them personally prior to any activations of our live music permit approval and events. We will leave behind the manager on duty as well as the GM’s personal contact numbers so that they may communicate directly with these representatives of the venue. This way we are able to intercept any calls and or complaints to the CMPD and or City of Costa Mesa.
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We are prepared to install minimal sound proof blankets at the westerly facing walls to avoid any audio ricochet that may occur. This will insure dampening of the exterior dBa pollution.

Soundproofing blankets is one of the simplest and most efficient ways for sound treatment.

Westend’s proposed plan is to face audible sound systems to the southeast direction to enable all sound waves avoiding the westside Federal Avenue neighborhood.

Westend will conduct dBa reading every 30 minutes starting at 11:30 p.m. to 1:30a.m. in the event we utilize the rear exterior for live Dj sets and or live amplified music and will file its discoveries accordingly. Noise level measurement shall be performed using a sound level dBa meter meeting American National Standard Institute’s Standard S1.4-1971 for T ype 1 or Type 2
sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. Westend lies in the manufacturing district 4 (C1). Approximately 275’ from i
ts first residential neighbor (1a) and is located and classified in the manufacturing district. In this district the dBA adjust from 55 dBA to 65 dBA. During this time frame specified we will conduct two measuring points for the exterior. The two locations of our study points will be directly in front of said establishment (please refer to map 1b) as well as 275’ feet away at the west alley way prior to the first and second home (on east side located) on Federal Ave.

Westend Is in area 4 (C1)
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City of Costa Mesa dBA standards schedule:

67.5 dBa - 77.5 dBA is the ratios for said Venue.
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We would like to point out that the intersection of Placentia & 19th Street impacts some pretty significant traffic noise generation, which in just a few minute study exceeded its legal right to operate at 67 dBA Leq after 11p.m. but within its previously stated “70 dBA CNEL” herein above image. The vehicular traffic noise pollution is greatest at intersections due to the acceleration, deceleration and gear shifting. Regardless of Westend’s music plan, please note that these known facts are and have been operating this way for decades. If it’s any place to provide the city with more arts and culture, this particular location is a perfect destination to introduce uncompromised live art after 11p.m. to its future generations to come. In short, for Westend to become a nuisance to its own community after 11p.m. we would have to be operating at a pretty significant measurement north of 70 CNEL dBA which is highly unlikely in todays standards.

Future Noise Contours in front of 814 W 19th Street is at 70 (dBA) “CNEL” (Community Noise Equivalent Level) which Is concurrent to our in-house study.
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