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HomeMy WebLinkAbout15 - Malarky's Appeal - Staff Report�EWPpRT = CITY OF NEWPORT BEACH c� City Council Staff Report Agenda Item No. 12 May 10, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Dana Smith, Assistant City Manager 949 - 644 -3002, dsmith @newportbeachca.gov PREPARED BY: Jaime Murillo, Associate Planner APPROVED: ( rti (L"\) ) V TITLE: Malarky's Irish Pub Appeal - (PA2010 -172) 3011 Newport Boulevard An appeal of the Planning Commission's approval of Conditional Use Permit No. UP2010- 039 and Comprehensive Sign Program No. CS2011 -002 authorizing the expansion and remodel of an existing eating and drinking establishment with late hours and allowing the use of off -site parking. This item was continued from the April 26, 2011, City Council meeting. RECOMMENDATION 1. Conduct public hearing; and 2. Modify the decision of the Planning Commission and adopt Resolution No. _ approving Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -003, subject to findings and conditions included within the draft resolution (Attachment No. CC 1). April 26, 2011 City Council Hearing On April 26, 2011, the City Council reviewed the proposed project and received extensive testimony from the public. A total of 18 members of the public spoke in support of the project. Seven residents spoke in opposition. The City Council generally supported the project as conditionally approved by the Planning Commission, with the exception of Condition No. 10. The City Council believed that Condition No. 10, which requires the interior occupancy to be reduced from 166 persons to 120 persons between the hours of 11:00 p.m. and 2:00 a.m., would be difficult to implement and enforce. 1 3011 Newport Boulevard May 10, 2011 Page 2 There was a general consensus that the applicant should be allowed to improve the business and make a reasonable return on his investment. The City Council believed that with the requirement to secure an operator license pursuant to Chapter 5.25 of the Municipal Code provided the City with the ability to effectively regulate the establishment should problems occur in the future. However, to address the concerns that the increased occupancy during late hours may potentially create a detriment to the neighborhood, Councilmember Henn made a motion to approve the project as proposed, with the following modifications: O Deleted Condition No. 10 requiring the interior occupancy to be reduced to 120 persons between the hours of 11:00 p.m. and 2:00 a.m. Added a new condition prohibiting the operator from allowing any entry or re- entry of patrons into the establishment after midnight (New Condition No. 10). Modified Conditions No. 4 and 5 to require full meal service to be provided until midnight. The City Council conducted a straw vote on the motion, which revealed support of the motion from a majority the City Council. In order to allow the applicant time to consider to the proposed action and an opportunity to present an alternative proposal that could potentially address the Council's concern, the City Council continued the public hearing to this meeting date. Revised Resolution As of the writing of this report, the applicant has not provided any new information or alternative proposals. It is anticipated that the applicant will present an alternative at the time of the hearing. however, should the applicant submit a proposal, staff will transmit it to the City Council and make it available to the public. The attached draft resolution incorporates the changes included in Councilmember Henn's motion. In addition, staff has included Conditions No. 11 and 12 to ensure that the floor plan and occupancy remains substantially the same as that currently proposed. G Condition No. 11- Sets the maximum square feet of net public area allowed within the interior of the establishment to 1,715 sq. ft. and on the outdoor dining patio to 782 sq. ft, as proposed. Application of this condition will ensure that any increase in net public area will require an amendment of this conditional use permit. Condition No. 12- Sets the maximum interior occupant load of the interior of the establishment to 166 persons. Application of this condition will ensure that in the future, the expanded dining room area is not reconfigured for bar seating or standing room, resulting in an increase in occupancy. 2 Submitted by: Dana Smith Assistant City Manager Attachments: CC 1 Draft Resolution 3011 Newport Boulevard May 10, 2011 Page 3 3 4 Attachment Sri). CC I Draft ...t 5 L RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2010 -013 AND COMPREHENSIVE SIGN PROGRAM NO. CS2011 -002 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 3011 NEWPORT BOULEVARD (PA2010 -172) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Malarky's Irish Pub Inc., with respect to property located at 3011 Newport Boulevard, Assessor Parcel Number's 047 - 060 -01, 047 - 060 -06, and 047- 060-10, requesting approval of a conditional use permit and a comprehensive sign program in accordance with Sections 20.40.100, 20.42.120, and 20.52.020.E of the Newport Beach Municipal Code. 2. The applicant filed an application for a conditional use permit request to expand an existing eating and drinking establishment and to allow for the use of off -site parking. The expansion includes remodeling the interior of the facility to create approximately 565 square feet of new dining area and the construction of an approximately 782 - square -foot outdoor dining patio. The application also includes a request for a comprehensive sign program to allow more than three signs on a single- tenant building. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN). A public hearing was held by the Planning Commission on March 3, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. At the March 3, 2011, Planning Commission hearing, the Planning Commission voted 4 to 1 to approve the project as proposed, but with additional conditions that the interior occupancy be restricted to 120 persons during late hours and that the project return to the Planning Commission for a one -year review. 7. On March 17, 2011, the Planning Commission's decision to approve Conditional Use Permit No. UP2010 -013 and Comprehensive Sign Program No. 2010 -002 was appealed by City Councilmember Rush Hill. The appeal was filed to discuss and review the need to reduce the interior occupant load of the establishment during late hour operations in light 7 City Council Resolution No. _ Page 2 of 20 of the requirement of the operator to obtain an Operator License pursuant to NBMC Chapter 5.25. A public hearing was held by the City Council on April 26, 2011 and May 10, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 9. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. This exemption authorizes additions to existing structures of up to 10,000 square feet. The proposed project consists of a 565- square -foot interior dining room expansion and the construction of a new 782 - square -foot outdoor dining patio, and therefore, qualifies under this exemption. SECTION 3. REQUIRED FINDINGS. Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign Program is required whenever 3 or more signs are proposed for a single- tenant development. In accordance with Section 20.67.120.E, a Comprehensive Sign Program shall comply with a number of standards. The following standards and facts in support of such standards are set forth: Standard: A. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.42: Signs], any adopted sign design guidelines and the overall purpose and intent of this Section [Section 20.42.1201. Facts in Support of Standard: A -1. In compliance with the purpose and intent of the Sign Code, the proposed Comprehensive Sign Program provides the use with adequate identification without excessive proliferation of signage. Furthermore, the Comprehensive Sign Program preserves community appearance by regulating the type, number, and design of signage. Tmplt: 04/14/10 8 City Council Resolution No. _ Paoe 3 of 20 Standard: B. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable. Facts in Support of Standard: B -1. The site is for use of a single tenant only, and the signage has been designed integral with the design and character of the building. B -2. The applicant is proposing to renovate the exterior appearance of the building in the architectural theme of a traditional Irish pub. B -3. The existing tower element divides the primary frontage of the building requiring signage to be broken up into three separate wall signs. The remaining awning signs and projecting sign are minor and incidental to the primary wall signs. The north and south elevations and considered secondary frontages and consist of only one wall sign and two incidental awning signs. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard: C -1. The Sign Program submitted for the project addresses all project signage. Temporary and exempt signs not specifically addressed in the Program shall be regulated by the provisions of Chapter 20.42. Standard: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Facts in Support of Standard: D -1. The project site is for the sole use of Malarky's Irish Pub and has been designed to be effective for such a use. D -2. It is not anticipated that future revisions will be necessary to accommodate constant changes in tenants or uses. However, flexibility has been incorporated into the Sign Program Matrix to allow minor deviations from the proposed plans. TmpIC 04/14/10 0 City Council Resolution No. _ Paae 4 of 20 D -3. Consistent with Chapter 20.42, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. Standard: E. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter. Facts in Support of Standard: E -1. The Sign Program requests deviation in number of signs and location. E -2. The sign code normally allows one wall sign up to 75 square feet in area on the primary frontage; however, due to the existing tower element on the building that divides the front facade, one large wall sign cannot be achieved. E -3. Breaking up the signage into three separate smaller wall signs allows for a more aesthetically pleasing orientation of signage and achieves the applicant's design theme of a traditional Irish pub. E -4. The projecting sign and awning signs are minor and incidental the main wall signage. Also, given the orientation of the building, staff believes the deviations in the wall signs separation and centering are merited to allow the applicant more effective sign placement. E -5. Allowing the signs on the secondary frontages to be located towards the front corner of the building allows for increased sign visibility for motorists driving along Newport Boulevard. Standard: F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. Facts in Support of Standard: F -1. The program does not authorize the use of prohibited signs. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. Tmplt: 04/14/10 10 City Council Resolution No. _ Paae 5 of 20 Facts in Support of Standard: G -1. The program contains no regulations affecting sign message or content. 2. Pursuant to Section 20.40.100 of the Zoning Code, off - street parking on a separate lot from the project site requires the approval of a conditional use permit. In addition to the standard conditional use permit findings, approval of off -site parking is subject to specific findings. The following findings and facts in support of such findings are set forth: Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: A -1. The proposed off -site parking lot is located immediately adjacent to the subject property. A -2. The proposed off -site parking lot has been designed as an extension of the existing parking lot for the establishment. Finding: B. On- street parking is not being counted towards meeting parking requirements. Facts in Support of Finding: B -1. The required 47 parking spaces are provided entirely within the parking lot. Finding: C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Findino: C-1. The Traffic Engineer has reviewed and approved the configuration of the new parking lot extension and proposed changes to the existing parking lot, and has determined that the parking lot design will not create an undue traffic hazard in the surrounding area. C -2. The northerly driveway will be modified for one -way ingress and the southerly driveway will provided for both ingress and egress circulation. Tmplt: 04/14110 22 City Council Resolution No. Pape 6 of 2_ 0 Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: D -1. The applicant has entered into a 10 -year lease, with an option to renew for an additional 5 years, for use of the three parcels and 20- foot -wide easement. D -2. The William J. Cagney Trust owns the subject building and associated off -site parking lots, and has entered into a long -term lease with the applicant; therefore, the parking facility will remain available, marked, and maintained for the use of the subject establishment. D -3. As a condition of approval, the required 47 spaces are to be permanently provided on -site or within the adjoining off -site lots. 3. Pursuant to Section 20.20.020 of the Zoning Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the Commercial Neighborhood Zoning District. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: A -1. The operation of a Food Service, Late Hours use, with alcoholic beverages, is consistent with the purpose and intent of the Neighborhood Commercial (CN) land use designation of the General Plan. A -2. The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented primarily to serve the needs and maintain compatibility with the residential uses in the area. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Tmplt: 04/14/10 12 City Council Resolution No. _ Paae 7 of 20 Facts in Support of Finding: B -1. Eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the CN district. B -2. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments and solid waste storage, including the installation of a grease interceptor. B -3. Pursuant to Chapter 5.25, the project has been conditioned requiring the operator of the establishment to secure an Operator License from the Police Department to maintain operating hours beyond 11:00 p.m. B -4. The applicant will be required to enter into a parking agreement for the use of off -site parking, which guarantees the long term availability of the parking facilities and shall be recorded with the County Recorders Office. Finding: C. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding- C-1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. C -2. Adequate parking will be provided for the proposed operation at all times of the day, with a surplus of parking provided during late hours. C -3. No live entertainment or dancing is proposed; however, amplified music through the use of a jukebox will be used. A condition of approval has been included requiring the exterior doors and windows to be maintained in the closed position at all times, except for the ingress and egress of patrons. C -4. Significant noise impacts from the proposed outdoor dining patio are not anticipated given its location on the north side of the building, its distance of approximately 300 feet from the nearest residential dwelling, and the shielding by the existing shopping center building. The outdoor dining patio is also surrounded by a 9- foot -8- inch -high glass barrier that should help attenuate sound and will be completely closed by 11:00 p.m. C -5. No new lighting is proposed with the exception of illumination for the new signage and the outdoor patio. Existing exterior lighting exists only to illuminate the parking lot. Tmplt: 04/14/10 13 City Council Resolution No. _ Page 8 of 20 C -6. The trash enclosure is not currently provided on -site; however, the applicant is proposing to construct a new enclosure in the northwest corner of the parking lot. The design and area of the enclosure is proposed to comply with the design requirements of the Zoning Code. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The Traffic Engineer and Fire Department have reviewed the configuration of the new parking lot extension and proposed changes to the existing parking lot, and have determined that the parking lot design will function safely and will not prevent emergency vehicle access to the establishment. D -2. The applicant is proposing to install fire sprinklers and a grease interceptor for the establishment. D -3. The site is currently served by public services and utilities D -4. The area of the site, including the off -site parking lots, is approximately 22,680 square feet and adequate in size to accommodate the subject establishment and all required parking. D -5. The site is located at the northwest corner of Newport Boulevard and 301h Street, with the building fronting onto Newport Boulevard. This is an appropriate location for an eating and drinking establishment and is compatible with other commercial uses fronting Newport Boulevard. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. The nearest residential uses are located to the west on 30th Street, across from the loading dock of the adjacent shopping center. The nearest dwelling is located approximately 130 feet from the closest extent of the new parking lot boundaries and approximately 220 feet from the building itself. The adjacent shopping center building and an 8- foot -high block wall provides a screening and Tmplt: 04114/10 /I 2 t City Council Resolution No. _ Paae 9 of 20 noise buffer from the project site. The applicant has also planted a row of bamboo trees along the block wall to help visually screen the establishment. E -2. The parking lots improvements and proposed facade improvements will have a positive impact on the overall aesthetics and economic health of the community, and may promote further revitalization of the other commercial properties located along Newport Boulevard. E -3. Increased pedestrian and vehicular activity is expected during late and early morning hours as a result of the increased occupancy; however the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain of late - hour operations if objectionable conditions occur. E -4. To limit potential increases in late -hour disturbances that the expanded establishment could create through increased occupancy and to limit the number of patrons that exit the establishment at closing, the project has been conditioned to prohibit the operator from allowing any admittance of patrons after midnight. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -002, subject to the conditions set forth in Exhibit A and the Sign Program Matrix included in Exhibit B, which is attached hereto and incorporated by reference. 2. This resolution supersedes Use Permit No. 1792 and Use Permit No. 1792 (amended), which upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, shall become null and void. 3. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of May, 2011, by the following vote, to wit: Tmpll: 04/14/10 215 City Council Resolution No. _ AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach Tmplt: 04/14/10 10 City Council Resolution No. _ Page 11 of 20 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved plans, Comprehensive Sign Program Matrix attached as Exhibit B, and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 3. Conditional Use Permit No. UP2010 -039 and Comprehensive Development Plan No. CS2011 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The approval is only for an eating and drinking establishment defined as Food Service, Late Hours as defined by Title 20 of the Municipal Code; however, the establishment may operate with the principal purpose of the sale and service of alcoholic beverages with incidental food service after midnight. 5. Full meal service shall be provided during all hours of operation, except after midnight. 6. The hours of operations shall be limited to between 7:00 a.m. and 11:00 p.m., daily, unless the operator of the establishment secures and maintains an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 2:00 a.m. 7. The outdoor dining patio shall be closed no later than 11:00 p.m., daily. 8. The Operator License required to be obtained pursuant to Condition No. 6 and Chapter 5.25 of the Municipal Code, may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment. 9. The operation of the establishment shall be reviewed by the Planning Commission one year from the date the certificate of occupancy is issued for the interior expansion to ensure the increased occupancy has not resulted in detrimental impacts. The Community Development Director may initiate a review earlier than one year if detrimental impacts are identified. 10. The operator shall not allow the entry or re -entry of patrons into the establishment after the hours of midnight. Tmplt: 04/14/10 27 City Council Resolution No. _ Paae 12 of 20 11. The interior net public area of the establishment shall be limited to a maximum of 1,715 square feet. The net public area of the outdoor dining patio shall be limited to a maximum of 782 square feet. 12. The maximum interior occupant load of the establishment shall be calculated by the City Building Division; however, in no case shall the maximum occupant load exceed 166 persons. 13. Upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, all previous rights authorized under Use Permit No. 1792 shall terminate. The following conditions of approval shall supersede the conditions of approval included in Use Permit No. 1792 and Use Permit No. 1792 (amended). 14. The material and color of any awning or umbrella located on the outdoor dining patio shall be subject to review and approval by the Planning Division. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor dining patio. The outdoor dining patio, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 17. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 18. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 19. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 20. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 21. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the Tmplt: 04114/10 2� City Council Resolution No. _ current business owner, property owner or the leasing agent. 22. Prior to issuance of building permits, approval from the California Coastal Commission shall be required, unless the development proposed is exempt from permit requirements. 23. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 24. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 25. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 27. No outside paging system shall be utilized in conjunction with this establishment. 28. Recorded music or other types of sound amplification within the outdoor patio area shall only be audible to the audience within the patio area. 29. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. Tmplt: 04/14/10 2� Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial ro e 45dBA 60dBA 45dBA SOdBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 27. No outside paging system shall be utilized in conjunction with this establishment. 28. Recorded music or other types of sound amplification within the outdoor patio area shall only be audible to the audience within the patio area. 29. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. Tmplt: 04/14/10 2� City Council Resolution No. _ Page 14 of 20 30. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 31. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate), except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 32. A new trash enclosure shall be constructed in the location illustrated on the approved plans. The trash enclosure shall comply with the development and location standards contained in Section 20.30.120 of the Zoning Code. 33. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment; however, not located on or within any public property or right -of- way. 34. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 35. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 36. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 37. The exterior of the premises, including signs and accessory structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 38. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter Tmplt: 04/14/10 20 City Council Resolution No. _ Paoe 15 of 20 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 39. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Division and Public Works Department in conjunction with the approval of an alternate drainage plan. 40. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 41. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited in unless there is an emergency. 42. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. 43. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited 44. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 45. There shall be no on -site radio, televisions, video, film or electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 46. All employees are required to park on -site. 47. A total 47 parking spaces shall be provided on -site or on the adjoining off -site locations. 48. Prior to final of the building permits, a parking agreement, which guarantees the long term availability of the off -site parking facilities for the use of the subject establishment, shall be recorded with the County Recorder's Office. The agreement shall be in a form approved by the City Attorney and the Community Development Director. Tmpit: 04/14/10 21 City Council Resolution No. _ Page 16 of 20 49. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 50. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 51. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 52. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 53. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 54. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 55. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Division on demand. 56. Live entertainment and dancing shall be prohibited as a part of the regular operation, unless an amendment to this conditional use permit or other required application is first approved in accordance with the provisions of the Municipal Code. 57. The establishment shall provide licensed security personnel. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations mode by the Police Department shall be implemented and adhered to for the life of the conditional use permit. Tmplt: 04/14/10 22 City Council Resolution No. _ Page 17 of 20 58. The applicant shall provide security personnel within the parking lot in the evenings between 11:00 p.m. and 15 minutes after closing, in sufficient number, to advise and assist patrons entering and leaving the area in a quiet manner, and to prevent loitering by patrons after the close of business. 59. The operator of the establishment shall post signs at clearly visible locations within the establishment and throughout the parking lot advising patrons to keep noise at a minimum. 60. The operator of the establishment shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. 61. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Malarky's Irish Pub including, but not limited to, Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -002 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 62. Automatic fire sprinklers shall be required if the occupant load is 100 persons or more. 63. Portable propane heaters are not permitted. Any proposed heaters for the new outdoor dining patio shall be either electric or natural gas installed in accordance with the California Electrical or Plumbing Code. Building Department Conditions 64. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Tmpll: 04/14/10 2S City Council Resolution No. _ Page 18 of 20 65. All exits shall remain free of obstructions and available for ingress and egress at all times. 66. Strict adherence to maximum occupancy limits is required. 67. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems in accordance with the provisions of the Plumbing Code, unless otherwise approved by the Building Division. Public Works Conditions 68. The proposed signs, awning, and entry canopy that project into the public right -of -way shall comply with City Council Policy L -6. 69. Prior to final of the building ,permits, the applicant shall be reconstruct the curb, gutter and sidewalk from the southerly building corner to the northerly property line along Newport Boulevard. 70. Prior to final of the building germits, the applicant shall reconstruct the existing driveway approach at the northerly portion of the project site along Newport Boulevard, 71. Implementation of valet parking shall not be permitted unless a valet operation and management plan is first submitted for review and approved by the Community Development Director and the City Traffic Engineer. Tmplt: 04114/10 2.4- City Council Resolution No. _ Page 19 of 20 EXHIBIT "B" Sign Program Matrix Tmpll: 04/14110 25 20 4WP0k r F A J � Z r'1trr0%T% City Council Resolution No. _ Paoe 20 of 20 Comprehensive Sign Program Matrix for 3011 Newport Blvd Planning Department 3300 Newport Boulevard, Newport Beach, CA 92663 (949)644 -3200 Telephone 1 (949)644 -3229 Facsimile www.newi)ortbeachca.gov Frontage Designations: A. Newport Blvd B. 301" Street C. Northwest (Facing Shopping Center) (LF = Linear Feet / SF = Square Feet) Type of Sign Primary Frontage Secondary Frontage Newport Blvd 30th Street & Northwest (Facing Shopping Center Wall Sign (1) Maximum number of signs: 3 Maximum number of signs: 1 Maximum sign area: 75 SF Maximum sign area: 37.5 SF Maximum vertical dimension: 18 Maximum vertical dimension: 24 inches inches Minimum distance from building Minimum distance from building corner: 7 feet corner: 7 feet Projecting Sign (1) Maximum number of signs: 1 N/A (2) Maximum sign area: 10 SF Maximum Projection: 3 feet Awning Sign (1) (2) Maximum number of signs: 4 Maximum number of signs: 2 (3) Maximum sign area: 8 SF Maximum sign area: 4 SF Maximum vertical dimension: 6 Maximum vertical dimension: 6 inches inches Total Sign Area 75 SF for any combination of signs 37.5 SF for any combination of signs NOTE: Sign area is the area measured by two perpendicular sets of parallel lines that surround the proposed logo and sign copy. All signs shall substantially conform to the approved set of plans stamped and dated March 3, 2011. Pursuant to Section 20.42.120.F of the Zoning Code, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. (1) Subject to the regulations of 20.42.080 for sign standards by sign type, unless otherwise indicated by table matrix and or in the finding and conditions in the associated resolution of approval. (2) A minimum of 8 feet of clearance between the lowest part of a sign /awning and the grade below shall be provided. (3) Signage limited to valance only. A maximum of 50 percent of the valance area shall be used for signage. Tmplt: 04114/10 27 Attachment No. CC 1 Draft Resolution 13 14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2010 -013 AND COMPREHENSIVE SIGN PROGRAM NO. CS2011 -002 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 3011 NEWPORT BOULEVARD (PA2010 -172) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Malarky's Irish Pub Inc., with respect to property located at 3011 Newport Boulevard, Assessor Parcel Number's 047 - 060 -01, 047 - 060 -06, and 047- 060-10, requesting approval of a conditional use permit and a comprehensive sign program in accordance with Sections 20.40.100, 20.42.120, and 20.52.020.F of the Newport Beach Municipal Code. 2. The applicant filed an application for a conditional use permit request to expand an existing eating and drinking establishment and to allow for the use of off -site parking. The expansion includes remodeling the interior of the facility to create approximately 565 square feet of new dining area and the construction of an approximately 782 - square -foot outdoor dining patio. The application also includes a request for a comprehensive sign program to allow more than three signs on a single- tenant building. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN). 5. A public hearing was held by the Planning Commission on March 3, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. At the March 3, 2011, Planning Commission hearing, the Planning Commission voted 4 to 1 to approve the project as proposed, but with additional conditions that the interior occupancy be restricted to 120 persons during late hours and that the project return to the Planning Commission for a one -year review. 7. On March 17, 2011, the Planning Commission's decision to approve Conditional Use Permit No. UP2010 -013 and Comprehensive Sign Program No. 2010 -002 was appealed by City Councilmember Rush Hill. The appeal was filed to discuss and review the need to reduce the interior occupant load of the establishment during late hour operations in light 15 City Council Resolution No. _ Paqe 2 of 20 of the requirement of the operator to obtain an Operator License pursuant to NBMC Chapter 5.25. 8. A public hearing was held by the City Council on April 26, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 9. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. This exemption authorizes additions to existing structures of up to 10,000 square feet. The proposed project consists of a 565- square -foot interior dining room expansion and the construction of a new 782 - square -foot outdoor dining patio, and therefore, qualifies under this exemption. SECTION 3. REQUIRED FINDINGS. 1. Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign Program is required whenever 3 or more signs are proposed for a single- tenant development. In accordance with Section 20.67.120.E, a Comprehensive Sign Program shall comply with a number of standards. The following standards and facts in support of such standards are set forth: Standard: A. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.42: Signs], any adopted sign design guidelines and the overall purpose and intent of this Section [Section 20.42.120]. Facts in Support of Standard: A -1. In compliance with the purpose and intent of the Sign Code, the proposed Comprehensive Sign Program provides the use with adequate identification without excessive proliferation of signage. Furthermore, the Comprehensive Sign Program preserves community appearance by regulating the type, number, and design of signage. Tmplt: 04114/10 10 City Council Resolution No. _ Paqe 3 of 20 Standard: B. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable. Facts in Support of Standard: B -1. The site is for use of a single tenant only, and the signage has been designed integral with the design and character of the building. B -2. The applicant is proposing to renovate the exterior appearance of the building in the architectural theme of a traditional Irish pub. B -3. The existing tower element divides the primary frontage of the building requiring signage to be broken up into three separate wall signs. The remaining awning signs and projecting sign are minor and incidental to the primary wall signs. The north and south elevations and considered secondary frontages and consist of only one wall sign and two incidental awning signs. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard: C -1. The Sign Program submitted for the project addresses all project signage. Temporary and exempt signs not specifically addressed in the Program shall be regulated by the provisions of Chapter 20.42. Standard: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Facts in Support of Standard: D -1. The project site is for the sole use of Malarky's Irish Pub and has been designed to be effective for such a use. D -2. It is not anticipated that future revisions will be necessary to accommodate constant changes in tenants or uses. However, flexibility has been incorporated into the Sign Program Matrix to allow minor deviations from the proposed plans. Tmplt: 04/14/10 27 City Council Resolution No. _ Paqe 4 of 20 D -3. Consistent with Chapter 20.42, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. Standard: E. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, andlor height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter. Facts in Support of Standard: E -1. The Sign Program requests deviation in number of signs and location. E -2. The sign code normally allows one wall sign up to 75 square feet in area on the primary frontage; however, due to the existing tower element on the building that divides the front facade, one large wall sign cannot be achieved. E -3. Breaking up the signage into three separate smaller wall signs allows for a more aesthetically pleasing orientation of signage and achieves the applicant's design theme of a traditional Irish pub. E -4. The projecting sign and awning signs are minor and incidental the main wall signage. Also, given the orientation of the building, staff believes the deviations in the wall signs separation and centering are merited to allow the applicant more effective sign placement. E -5. Allowing the signs on the secondary frontages to be located towards the front corner of the building allows for increased sign visibility for motorists driving along Newport Boulevard. Standard: F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. Facts in Support of Standard: F -1. The program does not authorize the use of prohibited signs. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. Tmplt: 04114/10 Z8 City Council Resolution No. _ Paqe 5 of 20 Facts in Support of Standard: G -1. The program contains no regulations affecting sign message or content. 2. Pursuant to Section 20.40.100 of the Zoning Code, off - street parking on a separate lot from the project site requires the approval of a conditional use permit. In addition to the standard conditional use permit findings, approval of off -site parking is subject to specific findings. The following findings and facts in support of such findings are set forth: Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: A -1. The proposed off -site parking lot is located immediately adjacent to the subject property. A -2. The proposed off -site parking lot has been designed as an extension of the existing parking lot for the establishment. Finding: B. On- street parking is not being counted towards meeting parking requirements. Facts in Support of Finding: B -1. The required 47 parking spaces are provided entirely within the parking lot. Finding: C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: C -1. The Traffic Engineer has reviewed and approved the configuration of the new parking lot extension and proposed changes to the existing parking lot, and has determined that the parking lot design will not create an undue traffic hazard in the surrounding area. C -2. The northerly driveway will be modified for one -way ingress and the southerly driveway will provided for both ingress and egress circulation. Tmplt: 04114/10 19 City Council Resolution No. _ Paqe 6 of 20 Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: D -1. The applicant has entered into a 10 -year lease, with an option to renew for an additional 5 years, for use of the three parcels and 20- foot -wide easement. D -2. The William J. Cagney Trust owns the subject building and associated off -site parking lots, and has entered into a long -term lease with the applicant; therefore, the parking facility will remain available, marked, and maintained for the use of the subject establishment. D -3. As a condition of approval, the required 47 spaces are to be permanently provided on -site or within the adjoining off -site lots. 3. Pursuant to Section 20.20.020 of the Zoning Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the Commercial Neighborhood Zoning District. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: A -1. The operation of a Food Service, Late Hours use, with alcoholic beverages, is consistent with the purpose and intent of the Neighborhood Commercial (CN) land use designation of the General Plan. A -2. The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented primarily to serve the needs and maintain compatibility with the residential uses in the area. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Tmplt: 04114/10 20 City Council Resolution No. _ Paqe 7 of 20 Facts in Support of Finding: B -1. Eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the CN district. B -2. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments and solid waste storage, including the installation of a grease interceptor. B -3. Pursuant to Chapter 5.25, the project has been conditioned requiring the operator of the establishment to secure an Operator License from the Police Department to maintain operating hours beyond 11:00 p.m. B -4. The applicant will be required to enter into a parking agreement for the use of off -site parking, which guarantees the long term availability of the parking facilities and shall be recorded with the County Recorder's Office. Finding: C. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. C -2. Adequate parking will be provided for the proposed operation at all times of the day, with a surplus of parking provided during late hours. C -3. No live entertainment or dancing is proposed; however, amplified music through the use of a jukebox will be used. A condition of approval has been included requiring the exterior doors and windows to be maintained in the closed position at all times, except for the ingress and egress of patrons. C -4. Significant noise impacts from the proposed outdoor dining patio are not anticipated given its location on the north side of the building, its distance of approximately 300 feet from the nearest residential dwelling, and the shielding by the existing shopping center building. The outdoor dining patio is also surrounded by a 9- foot -8- inch -high glass barrier that should help attenuate sound and will be completely closed by 11:00 p.m. C -5. No new lighting is proposed with the exception of illumination for the new signage and the outdoor patio. Existing exterior lighting exists only to illuminate the parking lot. Tmplt: 04114/10 21 City Council Resolution No. _ Paqe 8 of 20 C -6. The trash enclosure is not currently provided on -site; however, the applicant is proposing to construct a new enclosure in the northwest corner of the parking lot. The design and area of the enclosure is proposed to comply with the design requirements of the Zoning Code. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Findinq: D -1. The Traffic Engineer and Fire Department have reviewed the configuration of the new parking lot extension and proposed changes to the existing parking lot, and have determined that the parking lot design will function safely and will not prevent emergency vehicle access to the establishment. D -2. The applicant is proposing to install fire sprinklers and a grease interceptor for the establishment. D -3. The site is currently served by public services and utilities. D -4. The area of the site, including the off -site parking lots, is approximately 22,680 square feet and adequate in size to accommodate the subject establishment and all required parking. D -5. The site is located at the northwest corner of Newport Boulevard and 30th Street, with the building fronting onto Newport Boulevard. This is an appropriate location for an eating and drinking establishment and is compatible with other commercial uses fronting Newport Boulevard. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. The nearest residential uses are located to the west on 30th Street, across from the loading dock of the adjacent shopping center. The nearest dwelling is located approximately 130 feet from the closest extent of the new parking lot boundaries and approximately 220 feet from the building itself. The adjacent shopping center building and an 8- foot -high block wall provides a screening and Tmplt: 04114/10 22 City Council Resolution No. _ Paqe 9 of 20 noise buffer from the project site. The applicant has also planted a row of bamboo trees along the block wall to help visually screen the establishment. E -2. The parking lots improvements and proposed facade improvements will have a positive impact on the overall aesthetics and economic health of the community, and may promote further revitalization of the other commercial properties located along Newport Boulevard. E -3. Increased pedestrian and vehicular activity is expected during late and early morning hours as a result of the increased occupancy; however the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain of late - hour operations if objectionable conditions occur. E -4. To limit potential increases in late -hour disturbances that the expanded establishment could create through increased occupancy, the allowed occupancy load of the interior of the establishment has been reduced 28- percent to a maximum of 120 persons between the hours of 11:00 p.m. and 2:00 p.m. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -002, subject to the conditions set forth in Exhibit A and the Sign Program Matrix included in Exhibit B, which is attached hereto and incorporated by reference. 2. This resolution supersedes Use Permit No. 1792 and Use Permit No. 1792 (amended), which upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, shall become null and void. 3. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 26th day of April, 2011, by the following vote, to wit: Tmplt: 04114/10 23 City Council Resolution No. _ Paqe 10 of 20 AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach Tmplt: 04114/10 24 City Council Resolution No. _ Paqe 11 of 20 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved plans, Comprehensive Sign Program Matrix attached as Exhibit B, and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 3. Conditional Use Permit No. UP2010 -039 and Comprehensive Development Plan No. CS2011 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The approval is only for an eating and drinking establishment defined as Food Service, Late Hours as defined by Title 20 of the Municipal Code; however, the establishment may operate with the principal purpose of the sale and service of alcoholic beverages with incidental food service after the hour of 11:00 p.m. 5. Full meal service shall be provided during all hours of operation, except after the hours of 11:00 P.M. 6. The hours of operations shall be limited to between 7:00 a.m. and 11:00 p.m., daily, unless the operator of the establishment secures and maintains an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 2:00 a.m. 7. The outdoor dining patio shall be closed no later than 11:00 p.m., daily. 8. The Operator License required to be obtained pursuant to Condition No. 6 and Chapter 5.25 of the Municipal Code, may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment. 9. The operation of the establishment shall be reviewed by the Planning Commission one year from the date the certificate of occupancy is issued for the interior expansion to ensure the increased occupancy has not resulted in detrimental impacts. The Community Development Director may initiate a review earlier than one year if detrimental impacts are identified. Tmplt: 04114/10 25 City Council Resolution No. _ Paqe 12 of 20 10. The interior occupant load of the establishment shall be limited to a maximum of 120 persons during the late -hour operations between the hours of 11:00 p.m. and 2:00 a. m. 11. Upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, all previous rights authorized under Use Permit No. 1792 shall terminate. The following conditions of approval shall supersede the conditions of approval included in Use Permit No. 1792 and Use Permit No. 1792 (amended). 12. The material and color of any awning or umbrella located on the outdoor dining patio shall be subject to review and approval by the Planning Division. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor dining patio. The outdoor dining patio, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 15. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 16. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 17. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 18. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 19. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 20. Prior to issuance of building permits, approval from the California Coastal Commission shall be required, unless the development proposed is exempt from permit requirements. Tmplt: 04114/10 20 City Council Resolution No. _ Paqe 13 of 20 21. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 22. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 23. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 24. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 25. No outside paging system shall be utilized in conjunction with this establishment. 26. Recorded music or other types of sound amplification within the outdoor patio area shall only be audible to the audience within the patio area. 27. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 28. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Tmplt: 04114/10 27 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial propert 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 25. No outside paging system shall be utilized in conjunction with this establishment. 26. Recorded music or other types of sound amplification within the outdoor patio area shall only be audible to the audience within the patio area. 27. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 28. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Tmplt: 04114/10 27 City Council Resolution No. _ Paqe 14 of 20 Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 29. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate), except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 30. A new trash enclosure shall be constructed in the location illustrated on the approved plans. The trash enclosure shall comply with the development and location standards contained in Section 20.30.120 of the Zoning Code. 31. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment; however, not located on or within any public property or right -of- way. 32. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 33. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 34. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 35. The exterior of the premises, including signs and accessory structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 36. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. Tmplt: 04114/10 22 City Council Resolution No. _ Paqe 15 of 20 37. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Division and Public Works Department in conjunction with the approval of an alternate drainage plan. 38. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 39. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited in unless there is an emergency. 40. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. 41. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited 42. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 43. There shall be no on -site radio, televisions, video, film or electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 44. All employees are required to park on -site. 45. A total 47 parking spaces shall be provided on -site or on the adjoining off -site locations. 46. Prior to final of the building permits, a parking agreement, which guarantees the long term availability of the off -site parking facilities for the use of the subject establishment, shall be recorded with the County Recorder's Office. The agreement shall be in a form approved by the City Attorney and the Community Development Director. 47. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other Tmplt: 04114/10 29 City Council Resolution No. _ Paqe 16 of 20 certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 48. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 49. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 50. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 51. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 52. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 53. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Division on demand. 54. Live entertainment and dancing shall be prohibited as a part of the regular operation, unless an amendment to this conditional use permit or other required application is first approved in accordance with the provisions of the Municipal Code. 55. The establishment shall provide licensed security personnel. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations mode by the Police Department shall be implemented and adhered to for the life of the conditional use permit. 56. The applicant shall provide security personnel within the parking lot in the evenings between 11:00 p.m. and 15 minutes after closing, in sufficient number, to advise and assist patrons entering and leaving the area in a quiet manner, and to prevent loitering by patrons after the close of business. Tmplt: 04114/10 30 City Council Resolution No. _ Paqe 17 of 20 57. The operator of the establishment shall post signs at clearly visible locations within the establishment and throughout the parking lot advising patrons to keep noise at a minimum. 58. The operator of the establishment shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. 59. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Malarky's Irish Pub including, but not limited to, Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -002 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 60. Automatic fire sprinklers shall be required if the occupant load is 100 persons or more. 61. Portable propane heaters are not permitted. Any proposed heaters for the new outdoor dining patio shall be either electric or natural gas installed in accordance with the California Electrical or Plumbing Code. Building Department Conditions 62. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 63. All exits shall remain free of obstructions and available for ingress and egress at all times. 64. Strict adherence to maximum occupancy limits is required. Tmplt: 04114/10 31 City Council Resolution No. _ Paqe 18 of 20 65. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems in accordance with the provisions of the Plumbing Code, unless otherwise approved by the Building Division. Public Works Conditions 66. The proposed signs, awning, and entry canopy that project into the public right -of -way shall comply with City Council Policy L -6. 67. Prior to final of the building permits, the applicant shall be reconstruct the curb, gutter and sidewalk from the southerly building corner to the northerly property line along Newport Boulevard. 68. Prior to final of the building permits, the applicant shall reconstruct the existing driveway approach at the northerly portion of the project site along Newport Boulevard. 69. Implementation of valet parking shall not be permitted unless a valet operation and management plan is first submitted for review and approved by the Community Development Director and the City Traffic Engineer. Tmplt: 04114/10 32 City Council Resolution No. _ Paqe 19 of 20 EXHIBIT "B" Sign Program Matrix Tmplt: 04114/10 33 City Council Resolution No. _ Paqe 20 of 20 Comprehensive Sign Program Matrix for 3011 Newport Blvd Planning Department 3300 Newport Boulevard, Newport Beach, CA 92663 (949)644 -3200 Telephone 1 (949)644 -3229 Facsimile www.newportbeachca.gov Frontage Designations: A. Newport Blvd B. 30th Street C. Northwest (Facing Shopping Center) (LF = Linear Feet / SF = Sauare Feet) Type of Sign Primary Frontage Secondary Frontage Newport Blvd 30th Street & Northwest (Facing Shopping Center) Wall Sign (1) Maximum number of signs: 3 Maximum number of signs: 1 Maximum sign area: 75 SF Maximum sign area: 37.5 SF Maximum vertical dimension: 18 Maximum vertical dimension: 24 inches inches Minimum distance from building Minimum distance from building corner: 7 feet corner: 7 feet Projecting Sign (1) Maximum number of signs: 1 N/A (2) Maximum sign area: 10 SF Maximum Projection: 3 feet Awning Sign (1) (2) Maximum number of signs: 4 Maximum number of signs: 2 (3) Maximum sign area: 8 SF Maximum sign area: 4 SF Maximum vertical dimension: 6 Maximum vertical dimension: 6 inches inches Total Sign Area 75 SF for any combination of signs 37.5 SF for any combination of signs NOTE: Sign area is the area measured by two perpendicular sets of parallel lines that surround the proposed logo and sign copy. All signs shall substantially conform to the approved set of plans stamped and dated March 3, 2011. Pursuant to Section 20.42.120.F of the Zoning Code, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. (1) Subject to the regulations of 20.42.080 for sign standards by sign type, unless otherwise indicated by table matrix and or in the finding and conditions in the associated resolution of approval. (2) A minimum of 8 feet of clearance between the lowest part of a sign /awning and the grade below shall be provided. (3) Signage limited to valance only. A maximum of 50 percent of the valance area shall be used for signage. Tmplt: 04114/10 ST Attachment No. CC 2 Project Plans S5 so M �® rLaw.r., 11 ■ ■ 411 �[ SOUTHEAST PERSPEGTI\/E - OPTION A 1/4" = 1' -0" :... I ) NT At T. how. 1 I�ISt -1 PUS - 1X'ti'tW.� » ' • � 4. • f •� � ' III � �� .• - ��. -\ r ..4ft or We AP NORTHEAST ELE\/ATION - OPTION A /4" = I' -O" i - -A STEVE HOPKINS CADD SERVICES 26191 CAMINO ADELANTO MISSION VIEJO, CA 92691 (949) 859 -7385 - Phone/Fax caddman 1 @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS All designs, ideas, arrangements and plans i adecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 1/27/11 SHEET TITLE OPTION A PERSPECTIVES A0.1A 3f STEVE HOPKINS CADD SERVICES 26191 Camino Adelanto Mission Viejo, CA 92691 (949) 859 - 7385 - voice /fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS All designs, ideas, arrangements and plans indecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE SITE PLAN A1.1 S2 STEVE HOPKINS CADD SERVICES 26191 Camino Adelanto Mission Viejo, CA 92691 (949) 859 - 7385 - voice /fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS All designs, ideas, arrangements and plans indecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE DEMOLITION PLAN A1.2 S9 120' -0" 10' -4" I IS" SHELVES I AN cnl<Y PANTRY DISP (3) POT SINKS F.S. D.W. DISP � 118 ° i r HAND SINK WIRE SHELVES I _I METAL SHELVES O KITCHEN ® F.D. - -- 19 - A T e LIQUOR STORAGE FREEZER REFRIGERATOR N W / o I I! I I! D I I! K O BAR COUNTER Q 110 / mMIXER STEAM TABLE -/ Z' / O BAR I `° Flo2 l 0 ------------------------ - - - - -- OVEN z F Q COUNTER z \ ) / W/HO OD RANGE RANGE RANGE FRYER BROILER R� RIGERATOR V WITH V / - ---------------- - - - -�� Q Q LIQUOR RACKS Q Q / j t SHELVES - - - - - - - - - - - - - - - - - - - - M ABOVE M �� I II II III II a 14'-4" // / �I I CHANGE I II I I I I II1 SHELVES [I6] t - - - -- --- - - - - -- --- SHELVES I 0(j OFFICE oE 11 CI I ] 1 /� -- - -------------- - - - - - [3] [lo] WAREHOUSE /- 1 I BAR COUNTER / (E)5OFFITABOVE 13' -3 -------------------- 1 - IIII II /� Illlp - II 1 - - - -- -- - - - - - - - - - - - - - - - - - - - -III - I 1 d IIII N / Illlp Illlp V I T P k 1*0 SHELVES -------------- - - - - -- }— I�-------- - - - - -- ___- _ ------ - - - - -- I._______— I / - �1Q -O" 5' -2' 4 SHELVES -------------- - - - - -- 110 II IIII d1 ��� z IIII GORRI��R milt �\ I� �I �. I��II V IIII III II CORRIDOR= <t I L -� \ iI2/ \ [o] � I � I I II II MI 2 I / 0 _ o ALARM o F- -fl p II OFFICE 4 �1 // m1 rl IIIII� 1 1 \ III �IIIII /WOMEN m _ PHONES II II III �IDRE�� III "'I III 111 +INI 111 11 II IOS [� ELEG � - II I II II III III f 1 III [ °] III 1I4 - --I - -- --IIII I nIIL i -[?] -I .o IIII0��I / MEND -- - - — - - - - -- - D II h --- J ------ \n III IL_ ____IIII L s/ II 11 1 R B S II ws. 11 II / [o] �I� � I II - - V (- — -. I A =2 - 23' -0" / 13' -3" 4' -1 " b' -0" ?' -8" / 9' -10" 9'- 1" 101-.711 10' -0" y, , 64' -0" 94' -0" EXISTING AREA CALCULATIONS PUBLIC AREA 1150 S.F. INTERNAL BAR 216 S.F. TOTAL PUB 1366 S.F. AREA POCHE LEGEND ZONING 5-3 OCCUPANCY ALLOWABLE OCCUPANCY (15 S.F. EA) 91 PERSONS ALLOWABLE SEATING (2/3 OF OCCUPANCY) 60 SEATS EXI5TIN6 NET PUBLIC. AREA Gtr EXISTING /DEMOLITION PLAN A EXISTING TOTAL BUILDING AREAS BAR/SEATIN6 AREA (INCL. WALLS) 1465 S.F. RESTROOM5 /CORRIDOR 269 S.F. OFFICE 8 STAFF AREA 5-75 S.F. NOTE: THE INFORMATION ON THIS PLAN WAS OBTAINED FROM KITCHEN WAREHOUSE /STORAGE AREA 1644 S.F. RECORDS PROVIDED BY THE CITY OF NEWPORT BEACH TOTAL BUILDING AREA 496b S.F. ON PLAN CHECK NUMBER: 1025 -76 STEVE HOPKINS CADD SERVICES 26191 Camino Adelanto Mission Viejo, CA 92691 (949) 859 - 7385 - voice /fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS All designs, ideas, arrangements and plans indecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE DEMOLITION PLAN A1.2 S9 40 L.F I5 L.F. DRY STORAGE 111 45 L.F LIQUOR STO uo 5' -114" OFFICE 2 109 OFFICE I 108 18" SHELVES PANTRY 114 FREEZER us METAL SHELVES REFRIGERATOR 113 —Ic0 <Y ELEt 4' -112" 4_ba II' -34" I _ I I PLACE SETTINGS ooR s ICE MACHINE I I6 r O Y Vl-T OCOFFEE CORRIDOR I 'A a I rk0 � W � WOMEN'S a 106 ,n p O Q -IN �p V �ELEG n I -li . n I ini nu P15P HAND SINK T _ — 12' -2g" rt II II MEN'S 105 uuu (3) POT SINKS F.5. D.W. WIRE SHELVES ® F.D. KITCHEN 115 MIXER STEAM TABLE F.S. OVEN I(HOOD I RANGE RANGE RANGE FRYER BROILER I BOOTH STATION I 104 I I SERVER COUNTER 121-111, F4' -O" H. BACK OF BENCH BENCH G G BOOTH 12' -4" NEW RESTAURANT AREA 103 1 F===9 BENCH BOOTH E�] o d Q \ m BENCH FLOOR PLAN 1/4" = I' -O" PLANTING AREA BENCH FROFOSED FATIO OPEN TO ,450\1E BENCH BV.7 � .V. ABV.� T.V. ABV.� I I BAR TOP 0 Q m BOOTH K z O Q M BAR COUNTER SERV I GE COUNTER WITH LIQUOR RACKS ABOVE BAR COUNTER f DI5P 0 I z -IC N I <Y —IN \ C In \ C Q F.s. OVEN I(HOOD I RANGE RANGE RANGE FRYER BROILER I BOOTH STATION I 104 I I SERVER COUNTER 121-111, F4' -O" H. BACK OF BENCH BENCH G G BOOTH 12' -4" NEW RESTAURANT AREA 103 1 F===9 BENCH BOOTH E�] o d Q \ m BENCH FLOOR PLAN 1/4" = I' -O" PLANTING AREA BENCH FROFOSED FATIO OPEN TO ,450\1E BENCH BV.7 � .V. ABV.� T.V. ABV.� I I BAR TOP 0 Q m BOOTH K z O Q M BAR COUNTER SERV I GE COUNTER WITH LIQUOR RACKS ABOVE BAR COUNTER f K z O Q M N DART BOARDS / T.V. ABV. PUBLIC AREA l01 / /„ // Im It �1D 0 12 T 7_ e 4w� CO z y �a w I/ y y (E) SOFFIT ABOVE k e, e" 4 m� r y PROPOSED AREA OALOULATIONS NET PUBLIC AREA (NOT INCL. BAR) 2008 -2 `15= Ii15 S.F. TOTAL NPA (REQUIRES PARKING) 1,715 S.F. TOTAL PATIO AREA -182 S.F. LE55 ALLOWABLE PATIO (1-115X25 %) -42q S.F. TOTAL NET PATIO AREA (REQUIRES PARKIN(9) 555 S.F. TOTAL NET PUBLIC AREA MIS S.F. TOTAL NET PATIO AREA (REQUIRES PARKING) 555 S.F. TOTAL NPA 8 PATIO AREA 2068 S.F. 0' -6" PLUMBING PROVIDED 5 MENS, 5 WOMENS FOR 201 -250 PPL 26' -O" TOTAL BUILDING AREAS BAR/SEATING AREA (INCL. WALLS # AN) 2161 S.F. RE5TROOM5/PUBLIC CORRIDOR 4 `16 S.F. OFFICE 8 STAFF AREA 552 S.F. KITCHEN -115 S.F. n WAREHOUSE /STORAGE AREA 1058 S.F. TOTAL BUILDING AREA 4`166 S.F. miry 7i� Qv CADD SERVICES 26191 Camino Adelanto Mission Viejo, CA 92691 (949) 859 - 7385 - voice /fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. I'RUJLCrF NU. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE FLOOR PLAN A2.1a �-o a z m Q M = K z O Q M N DART BOARDS / T.V. ABV. PUBLIC AREA l01 / /„ // Im It �1D 0 12 T 7_ e 4w� CO z y �a w I/ y y (E) SOFFIT ABOVE k e, e" 4 m� r y PROPOSED AREA OALOULATIONS NET PUBLIC AREA (NOT INCL. BAR) 2008 -2 `15= Ii15 S.F. TOTAL NPA (REQUIRES PARKING) 1,715 S.F. TOTAL PATIO AREA -182 S.F. LE55 ALLOWABLE PATIO (1-115X25 %) -42q S.F. TOTAL NET PATIO AREA (REQUIRES PARKIN(9) 555 S.F. TOTAL NET PUBLIC AREA MIS S.F. TOTAL NET PATIO AREA (REQUIRES PARKING) 555 S.F. TOTAL NPA 8 PATIO AREA 2068 S.F. 0' -6" PLUMBING PROVIDED 5 MENS, 5 WOMENS FOR 201 -250 PPL 26' -O" TOTAL BUILDING AREAS BAR/SEATING AREA (INCL. WALLS # AN) 2161 S.F. RE5TROOM5/PUBLIC CORRIDOR 4 `16 S.F. OFFICE 8 STAFF AREA 552 S.F. KITCHEN -115 S.F. n WAREHOUSE /STORAGE AREA 1058 S.F. TOTAL BUILDING AREA 4`166 S.F. miry 7i� Qv CADD SERVICES 26191 Camino Adelanto Mission Viejo, CA 92691 (949) 859 - 7385 - voice /fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. I'RUJLCrF NU. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE FLOOR PLAN A2.1a �-o 40 L.F 15 L.F. DRY STORAGE III uuu I I 18" SHELVES I PANTRY DISP (5) POT SINKS F.S. D.W. 114 WIRE SHELVES FREEZER HAND SINK us METAL SHELVES ® F.D. KITCHEN 115 REFRIGERATOR 113 MIXER STEAM TABLE F.S. -1c0 i 7 rELEG 1 4 ����i� I OVEN 4' -112" 4' -6" I' -34 6 -54 W(HOOD RANGE RANGE RANGE FRYER BROILER 45 L.F. PLACE SETTINGS ooR s ICE MACHINE LIQUOR STORA _ 116 1 1 5_1 r O STATION OAID — — EE 104 Y `(rj COFFEE _F 5' -III " 2' -10 " 2' -25" 42" H SERV 4 3' -O 8 2' -5' 8 GORRI DOR m r� r-4' -O" H. BAG OFFICE 2 109 OFFICE I toe 6 O Q -IN �p V �ELEG a W WOMEN'S 106 [0 7( MALARKY'S IRISH PUB 1/24/2011 CAPACITY CALCULATIONS BEFORE 11PM NET PUBLIC AREA PARKING RATIO 1/44 AFTER 11PM NET PUBLIC AREA PARKING RATIO 1/40 ALLOWABLE AREA BASED ON AC BEFORE 11PM47STALLS @ 1/44 AFTER 11PM 47 STALLS @ 1/40 2068 S.F. 47.0 STALLS REQUIRED 1715 S.F. 42.9 STALLS REQUIRED TUAL PARKING STALLS 2068 S.F. 1880 S.F. MEN'S 105 NO AREA POCHE LEGEND FAN NET PUBLIC, AREA NM NET PATIO AREA 4' -5" P15P O I —IN \ T u� F.S. O I 10'_111" I CAPACITY FLOOR PLAN 1/4" = I' -O" K z O Q to BAR COUNTER G® COUNTER WITH LIQUOR RACKS ABOVE BAR COUNTER Q K z O Q to �h AN 15 ] � I/ ) OFFIT ABOVE 9 y e w 4� CO 1 y IVL PROPOSED AREA CALCULATIONS NET PUBLIC AREA (NOT INCL. BAR) 2008 -2g5= Ii15 S.F. TOTAL NPA (REQUIRES PARKING) 1,715 S.F. TOTAL PATIO AREA ,782 S.F. LE55 ALLOWABLE PATIO (I 7ISX25 %) -42q S.F. TOTAL NET PATIO AREA (REQUIRES PARKING) 555 S.F. TOTAL NET PUBLIC AREA MIS S.F. TOTAL NET PATIO AREA (REQUIRES PARKING) 555 S.F. TOTAL NPA 8 PATIO AREA 2068 S.F. PLUMBING PROVIDED 5 MENS, 5 WOMENS FOR 201 -250 TOTAL BUILDING AREAS BAR/SEATING AREA (INCL. WALLS 4 AN) 2161 S.F. RESTROOMS/PUBLIC CORRIDOR 4g6 S.F. OFFICE 4 STAFF AREA 552 S.F. KITCHEN ,715 S.F. n WAREHOU5E /5TORA6E AREA 1058 S.F. `V TOTAL BUILDING AREA 4g66 S.F. CADD SERVICES 26191 Camino Adelanto Mission Viejo, CA 92691 (949) 859 - 7385 - voice /fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. rnvirn _ f tvv. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE CAPACITY FLOOR PLAN A2.1b 4-T 40 L.F 15 L. F. DRY STORAGE 111 LIQUOR STORAGE uo OFFICE 2 109 OFFICE I 108 Q w u PLACE SETTINGS ooR s ICE MACHINE O�A�ll II6 Y Vl-T OCOFFEE CORRIDOR I LI) a W WOMEN'S 106 MALARKY'S IRISH PUB 1/24/2011 CAPACITY CALCULATIONS BEFORE 11PM NET PUBLIC AREA PARKING RATIO 1/44 AFTER 11PM NET PUBLIC AREA PARKING RATIO 1/40 ALLOWABLE AREA BASED ON AC BEFORE 11PM47STALLS @ 1/44 AFTER 11PM 47 STALLS @ 1/40 2068 S.F. 47.0 STALLS REQUIRED 1715 S.F. 42.9 STALLS REQUIRED TUAL PARKING STALLS 2068 S.F. 1880 S.F. OVEN NHOOD I RANGE RANGE RANGE FRYER F.s. V C INTERIOR OCCUPANCYAFTER 11PM 18" SHELVES uuu o I I "° FIXED SEATS (RESTAURANT) PANTRY DISP (3) POT SINKS F.5. D.W. DI5P �� �j, _ 114 0 _0_ °00 WIRE SHELVES FREEZER 0. HAND SINK us 1 -.• � STANDING PEOPLE METAL SHELVES ® F.D. KITCHEN 0 0° 0 115 i3�i3�i3�i3�i3 i3 o° REFRIGERATOR .YYf�.YY ° 0 113 OIYIi lI YYil MIXER STEAM TABLE o F.S. PLACE SETTINGS ooR s ICE MACHINE O�A�ll II6 Y Vl-T OCOFFEE CORRIDOR I LI) a W WOMEN'S 106 MALARKY'S IRISH PUB 1/24/2011 CAPACITY CALCULATIONS BEFORE 11PM NET PUBLIC AREA PARKING RATIO 1/44 AFTER 11PM NET PUBLIC AREA PARKING RATIO 1/40 ALLOWABLE AREA BASED ON AC BEFORE 11PM47STALLS @ 1/44 AFTER 11PM 47 STALLS @ 1/40 2068 S.F. 47.0 STALLS REQUIRED 1715 S.F. 42.9 STALLS REQUIRED TUAL PARKING STALLS 2068 S.F. 1880 S.F. OVEN NHOOD I RANGE RANGE RANGE FRYER F.s. V C � I- �� m O II BROILER REFRIGERATOR d) INTERIOR OCCUPANCYAFTER 11PM AT TV /JUKE BOX "° FIXED SEATS (RESTAURANT) Ii �� �j, _ o"o. 0 _0_ °00 31 0 0. Imo! 1. 0 1 -.• � STANDING PEOPLE Jl -�,1 0 0° 0 000 o °o i3�i3�i3�i3�i3 i3 o° IriVIIdGI .YYf�.YY ° 0 OIYIi lI YYil I o � I I Y� 0� � °00 s - - °° II= � I- �� m O II BROILER REFRIGERATOR d) 0 Q m Ar- o c :0 0< X000 o0c 0 <°. 'o < 0 0° 00'U 0° o 0 0 - 42" H. SERVER COUNTER 6 +6 +6= 18 BOOTH SEATS II ' f-4' -O" H. BACK OF BENCH MEN'S 105 OCCUPANCY CALCULATIONS 1/27/2011 INTERIOR OCCUPANCYAFTER 11PM AT TV /JUKE BOX "° FIXED SEATS (RESTAURANT) 65 FIXED SEATS &TABLES W /CHAIRS _ o"o. 0 _0_ °00 31 0 0. 22 0 HANDICAP BAR 1 O 0 STANDING PEOPLE 67 0 0° 0 000 o °o i3�i3�i3�i3�i3 i3 o° 3 E 3 3 3 S 0 o °<0 ° 0 ' SERVER o BOOTH '0 0� � °00 BOOTH °° > BOOTH STATION n ° -� 0 IN ° z 0 ° z z 104 I `9 I 0 t o 0 I° 0 I 9 o 0 O o ° U ° 0 000 ° o 00 ° 0 ° 0 o LIQUOR Q N 0 Q m Ar- o c :0 0< X000 o0c 0 <°. 'o < 0 0° 00'U 0° o 0 0 - 42" H. SERVER COUNTER 6 +6 +6= 18 BOOTH SEATS II ' f-4' -O" H. BACK OF BENCH MEN'S 105 OCCUPANCY CALCULATIONS 1/27/2011 WITH POSSIBLE 16 MORE IF NO TABLES INTERIOR OCCUPANCYAFTER 11PM AT TV /JUKE BOX 214 FIXED SEATS (RESTAURANT) 65 FIXED SEATS &TABLES W /CHAIRS TABLE SEATING (BAR) 12 0 BAR SEATING 31 F07071 BOOTH SEATS 22 0 HANDICAP BAR 1 i3�i3�i3�i3 STANDING PEOPLE 67 L 3.3 L 3 3 .3 TOTAL INTERIOR 198 WITH POSSIBLE 16 MORE IF NO TABLES S' -O" BAR TOP AT TV /JUKE BOX 214 PATIO OCCUPANCY BEFORE 11PM FIXED SEATS &TABLES W /CHAIRS 52 REDUCED BY 3 (NO EXIT) -3 TOTAL PATIO POSSIBLE 49 TOTAL OCCUPANCY BEFORE 11PM WITH PATIO (198 +49) 247 !s A\ 7 PLANTING AREA I i3 i3 BAR TOP LF /IS" =5 STANDING m I H.G. S' -O" BAR TOP SERV I GE 4' -0" - in 000 s� � i3���i3���i3�� 3.3 3 3 3 3�i3�i3�i3�iS . L 3 3 L. 3 i3�i3�i3�i3 �i3�i3�i3�i3 L 3.3 L 3 3 .3 3�i3�i3�i3�i L. 3 L 3 . L 3 i3�i3�i3�i3�i3 i3 2 fiIES I�i�i�i� _� 3 E 3 3 3 S BAR TOP LF /IS" =5 STANDING m I H.G. 6 +5 +5 =16 FIXED 5EAT5 15 CHAIR 5EAT5 2Q SEATS VS 1`15 5F/7 =28 FIXED SEATS 5 +4 =12 FIXED 5EAT5 24 CHAIR 5EAT5 56 SEATS \/5 241 5F/7 =55 FIXED SEATS OCCUPANCY FLOOR PLAN 1/4" = I' -O" u1 ry O DART BOAR 5 No �I .I �I �I V+ to .I _� :I �I C `8„ .+� �p�R a Qv ,7' -6" BAR AA/ � I4 S.F. /15 =5 SEATS PUBLIC AREA lol %i / �7 e \�z y w y y (E) SOFFIT ABOVE mT 4 V. 4 PROPOSED AREA OALOULATIONS NET PUBLIC AREA (NOT INCL. BAR) 2008 -2g5= 1 ,715 S.F. TOTAL NPA (REQUIRES PARKING) 1,715 S.F. TOTAL PATIO AREA ,782 S.F. LE55 ALLOWABLE PATIO (I 7ISX25 %) -42q S.F. TOTAL NET PATIO AREA (REQUIRES PARKIN(9) 555 S.F. TOTAL NET PUBLIC AREA MIS S.F. TOTAL NET PATIO AREA (REQUIRES PARKING) 555 S.F. TOTAL NPA 8 PATIO AREA 2068 S.F. PLUMBING PROVIDED 5 MENS, 5 WOMENS FOR 201 -250 PPL TOTAL BUILDING AREAS BAR/SEATING AREA (INCL. WALLS 4 AN) 2161 S.F. RE5TROOM5/PUBLIC CORRIDOR 4g6 S.F. OFFICE 8 STAFF AREA 552 S.F. KITCHEN ,715 S.F. WAREHOU5E /5TORA6E AREA 1058 S.F. TOTAL BUILDING AREA 4g66 S.F. CADD SERVICES 26191 Camino Adelanto Mission Viejo, CA 92691 (949) 859 - 7385 - voice /fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. rnvin�- f tvv. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE OCCUPANCY FLOOR PLAN A2.1c S' -O" BAR TOP SERV I GE 4' -0" - in BAR COUNTER 0 ' I in BAR 102 z z 130 COUNTER O U WITH u O Q LIQUOR Q N I11 RACKS IM ABOVE 0 1 I o Q p� BAR COUNTER 8' -0" 2' -0" 6' -0" SERV 6 +5 +5 =16 FIXED 5EAT5 15 CHAIR 5EAT5 2Q SEATS VS 1`15 5F/7 =28 FIXED SEATS 5 +4 =12 FIXED 5EAT5 24 CHAIR 5EAT5 56 SEATS \/5 241 5F/7 =55 FIXED SEATS OCCUPANCY FLOOR PLAN 1/4" = I' -O" u1 ry O DART BOAR 5 No �I .I �I �I V+ to .I _� :I �I C `8„ .+� �p�R a Qv ,7' -6" BAR AA/ � I4 S.F. /15 =5 SEATS PUBLIC AREA lol %i / �7 e \�z y w y y (E) SOFFIT ABOVE mT 4 V. 4 PROPOSED AREA OALOULATIONS NET PUBLIC AREA (NOT INCL. BAR) 2008 -2g5= 1 ,715 S.F. TOTAL NPA (REQUIRES PARKING) 1,715 S.F. TOTAL PATIO AREA ,782 S.F. LE55 ALLOWABLE PATIO (I 7ISX25 %) -42q S.F. TOTAL NET PATIO AREA (REQUIRES PARKIN(9) 555 S.F. TOTAL NET PUBLIC AREA MIS S.F. TOTAL NET PATIO AREA (REQUIRES PARKING) 555 S.F. TOTAL NPA 8 PATIO AREA 2068 S.F. PLUMBING PROVIDED 5 MENS, 5 WOMENS FOR 201 -250 PPL TOTAL BUILDING AREAS BAR/SEATING AREA (INCL. WALLS 4 AN) 2161 S.F. RE5TROOM5/PUBLIC CORRIDOR 4g6 S.F. OFFICE 8 STAFF AREA 552 S.F. KITCHEN ,715 S.F. WAREHOU5E /5TORA6E AREA 1058 S.F. TOTAL BUILDING AREA 4g66 S.F. CADD SERVICES 26191 Camino Adelanto Mission Viejo, CA 92691 (949) 859 - 7385 - voice /fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. rnvin�- f tvv. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE OCCUPANCY FLOOR PLAN A2.1c STEVE HOPKINS CADD SERVICES 26191 CAMINO ADELANTO MISSION VIEJO, CA 92691 (949) 859 -7385 - Phone/Fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS All designs, ideas, arrangements and plans indecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE EAST + NORTH ELEVATIONS A3.1 43 S m S EXISTING RIDGE EXISTING EQUIPMENT SCREEN (WHITE PICKET FENCE) a WALL SIGN BLACK PAINTED METAL WITH GOLD PAINTED 20" LETTERS (20 S.F.) EXTERNALLY LIGHTED METAL TRIM PAINTED ROOF MOUNTED LIGHT FIXTURES BLACK CANVAS AWNING WITH 5" GOLD STITCHED LETTERING (4.66 S.F.) O II �BLAGK 4 GOLD FAINTED GREEN, I&L36!41ft 111 If NEV,[ FALSE NINE)OV,15 L I I III ill I l u EXISTING STUCCO PATCHED, AND PAINTED GREEN EXISTING STUCCO PATCHED, AND PAINTED GREEN SOUTH ELEVATION 1/4" = I' -0" AND PAINTED GREEN /NEST ELE\/ATION 1/4" = 1' -0" EXISTING PLANTER BOXES WITH FOAM MOULDING PAINTED BLACK EXISTING PROJECTING WOOD SIGN (5'- 5 "Hx2' -6 "Wx5 "THICK) W/NEW BLACK /(SREEN /GOLD PAINT 4" MAX. H. LETTERING 5' -6" MAX. PROJECTION OVER R.O.W. 14' -5" VERTICAL CLEARANCE (8.54 S.F.) EXTERNALLY LIGHTED ANGLED PARTIAL ELEVATION 1/4" = 1' -0" I I CORNICE PAINTED BLACK METAL TRIM PAINTED GOLD METAL TRIM PAINTED BLACK M BLACK CANVAS AWNING WITH GOLD PAINTED 5" LETTERING Rom METAL HEADER, PAINTED BLACK METAL POSTS, PAINTED BLACK SMOOTH STUCCO PAINTED GREEN A OF X in I N Q E w z O N O ? V � AL BASE, PAINTED BLACK —PLAT CORNER BEYOND I fj' AT PRIMARY AWNING (MIDDLE) I W AT CORNER FOREGROUND III I I I V y I I IAVdNING I I IFROJEGTION III PRIMARY AV III FFOJECTI II III III m N -If N I AL BASE, PAINTED BLACK PENDIOULAR TO STOREFRONT) K K 0 O z p- 0) X w STEVE HOPKINS CADD SERVICES 26191 CAMINO ADELANTO MISSION VIEJO, CA 92691 (949) 859 -7385 - Phone/Fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS All designs, ideas, arrangements and plans indecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE SOUTH + WEST ELEVATIONS U7:, m 2 6 —I CA V y I I IAVdNING I I IFROJEGTION III PRIMARY AV III FFOJECTI II III III m N -If N I AL BASE, PAINTED BLACK PENDIOULAR TO STOREFRONT) K K 0 O z p- 0) X w STEVE HOPKINS CADD SERVICES 26191 CAMINO ADELANTO MISSION VIEJO, CA 92691 (949) 859 -7385 - Phone/Fax caddmanl @cox.net -email MALARKY'S IRISH PUB REMODEL 3011 NEWPORT BLVD NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS All designs, ideas, arrangements and plans indecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2010 -10 DRAWN BY S.H. CHECKED BY B.S. ISSUE DATE 2/17/11 SHEET TITLE SOUTH + WEST ELEVATIONS Attachment No. CC 3 March 3, 2011 Planning Commission Staff Report G= :'lw CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 3, 2011 Agenda Item 5 SUBJECT: Malarky's Irish Pub - (PA2010 -172) 3011 Newport Boulevard • Conditional Use Permit No. UP2010 -039 • Comprehensive Sign Program No. CS2011 -002 APPLICANT: Malarky's Irish Pub Inc. PLANNER: Jaime Murillo, Associate Planner (949) 644 -3209, jmurillo @newportbeachca.gov PROJECT SUMMARY The application consists of a conditional use permit request to expand an existing eating and drinking establishment and to allow for the use of off -site parking. The application also includes a request for a comprehensive sign program to allow more than 3 signs on a single- tenant building. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -003 (Attachment No. PC1). INTRODUCTION Project Setting The subject property is located on the northwest corner of the intersection of Newport Boulevard and 30th Street on the Balboa Peninsula. Surrounding land uses include The Landing shopping center to the north and west, Mama D's restaurant and an office building to the east across Newport Boulevard, and a 35 -space municipal parking lot to the south. Beyond the loading dock of the shopping center to the west are several single -unit and two -unit residential dwellings on 30th Street. 47 42 WIN111krd1hF_1• Existing Off -Site Parking & Easement Area � \r Existing Off -Site Parking _ Proposed Off -Site Parking Malarky's Irish Pub March 3, 2011 Page 2 Subject Property wLdL l�ele$rYN W% . znrr sr GENERAL PLAN ZONING A ,F a, '.� ` r,n t \\� ^a .� ' \ -1\5 in �E LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Neighborhood Commercial Malarky's Irish Pub Commercial CN Nei hborhood CN NORTH CN CN I Shopping center SOUTH Public Facilities PF Public Facilities PF I 35-s pace municipal parking lot EAST Visitor Serving Commercial Visitor- Restaurant and office Commercial CV Servin CV WEST CV and Two Unit CV and Two Unit Shopping center and residential Residential (RT) Residential R-2 beyond 50 Malarky's Irish Pub March 3, 2011 Page 3 The subject property consists of three parcels and 20- foot -wide easement for pedestrian and vehicular access and vehicular parking (see Vicinity Map). The restaurant/pub building itself and a portion of the required parking are located on the large, central parcel fronting Newport Boulevard. The balance of the required parking is located off - site on the 20- foot -wide easement to the north of the building and on the small parcel to the west. The applicant has also recently constructed a new parking lot on the former vacant lot south of the building in anticipation of the increased parking demand associated with this subject application. The building consists of 4,966 square feet of gross floor area, of which only 1,150 square feet is considered Net Public Area (NPA)'. The remaining floor area is used for office space, kitchen, food preparation, food storage, and restrooms. The existing furniture layout consists of a large, central bar and five bar tops located around the perimeter of the establishment. Sit -down dining is limited and consists of one booth and four tables. Project Description The applicant took ownership of the establishment in April of 2010 and is proposing to remodel and expand the establishment as follows: 1. Remodel- To more efficiently utilize the floor area within the existing building, the applicant is proposing to remodel the existing floor plan to include a new dining room, enlarged restrooms that are handicapped accessible, a new waiter service station, and a reduction of office space and food storage. As required by Building Code, the remodel will include the installation of fire sprinklers and a grease interceptor. 2. Interior Dining Room Expansion- To allow for increased food service, the applicant is proposing to add approximately 565 square feet of sit -down dining area. The dining area will consist of three new booths and approximately 11 new tables. The total interior NPA of the facility will increase to 1,715 square feet. 3. Outdoor Dining Patio— A new 782 - square -foot outdoor dining patio is proposed to be constructed on the north side of the building. The applicant is proposing to provide only one exit from the patio, which will limit the maximum occupant load to a total of 49 persons. A 9- foot -8- inch -high glass barrier will be used to surround the patio and will provide for sound - attenuation from the vehicular noise from Newport Boulevard. Area, Net Public. The total area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. 51 Malarky's Irish Pub March 3, 2011 Page 4 4. Facade Improvements - The applicant is proposing to improve the exterior appearance of the building by removing the changeable sign marquee and painted signs, and add new foam cornices, decorative metal trim and an antique clock, new signage, new awnings, and a new entry canopy. The applicant is proposing an architectural theme of a traditional Irish Pub. Proposed plans have been included as Attachment No. PC2. The total NPA of the establishment, including the interior dining room expansion and outdoor dining patio will be 2,497 square feet. No changes to the existing hours of operation are proposed (7:00 a.m. to 2:00 a.m., daily). During the day, the applicant intends to promote food service and operate as a restaurant establishment. In the late evening, the applicant intends to conclude food service and continue operating primarily as a bar. To address the increased parking demands of the establishment when operating as a bar and to minimize impacts to the residential uses in the vicinity, the applicant is proposing to close the outdoor dining patio at 11:00 p.m. No live entertainment or dancing is proposed; however, amplified music will be provided through a digital music jukebox. Background On May 20, 1976, the Planning Commission approved Use Permit No. 1792, which established Marlarky's Irish Pub, and accepted an off -site parking agreement for a portion of the required parking (see Off -Site Parking section for details).The use permit specifically permitted the establishment of a restaurant facility with on -sale alcoholic beverages. The hours of operation were limited to between 5:00 p.m. and 2:00 a.m. on weekdays and between 12:00 noon and 2:00 a.m. on weekends and holidays. On September 18, 1997, the Planning Commission approved an amendment to Use Permit No. 1792, allowing a change in the hours of operation to between 7:00 a.m. and 2:00 a.m., daily. A condition of approval was also added clarifying that the approval is for the continuation of a bar /lounge type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale and service of alcoholic beverages with incidental food service. DISCUSSION Analysis Use Classification As stated above, when Use Permit No. 1792 was amended in 1997, a condition of approval was added clarifying that the approval is for the continuation of a bar /lounge type facility as defined by Title 20 of the Municipal Code. However, when the Zoning Code was updated in October of 2010, the definition of Bar, Lounge, and Nightclub changed and is now defined as an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from the California State Department of Alcoholic Beverage Control 152 Malarky's Irish Pub March 3, 2011 Page 5 (ABC)... Persons under 21 years of age are not allowed to enter and remain on the premises. The applicant holds a Type 47 (On -Sale General- Eating Place) ABC license, which is not considered a public premise license; however, the applicant intends to continue operating as a bar in the late hours and as part of his security plan will not allow persons under 21 years of age within the establishment. The applicant also intends to operate the establishment as a restaurant during the day and intends to significantly expand breakfast, lunch, and dinner food service for persons of all ages. Therefore, the establishment's use classification will fall under the definition of Food Service, Late Hours2. Required Parking A total of 47 parking spaces are proposed on -site and within the adjacent off -site parking spaces. Pursuant to Section 20.40.060 of the Zoning Code, Food Service uses are required to provide off - street parking within a range of one space for each 30 to 50 square feet of NPA, depending on the physical design, operational characteristics, and location of the establishment. Use Permit No. 1792 (amended) established a parking ratio of one space per 44 square feet of NPA during daytime hours when the establishment operates as a restaurant, and a higher parking ratio of one space per 40 square feet of NPA during the evening when the establishment operates as a bar . Staff believes continuing to require the same variable parking ratios is appropriate for the following reasons: During the day, the intensity of the operation as a restaurant is substantially less than its nighttime operation as bar. The additional sit -down dining opportunities provided with the new interior dining room and outdoor dining patio are intended to expand food service, enhancing the restaurant operation during the day. The table and seating configuration will remain unchanged during the nighttime operation when the establishment operates as a bar, maintaining a lower occupant load in the sit -down dining areas. 2 Food Service, Late Hours. An establishment that sells food and beverages, including alcoholic beverages, prepared for primary on -site consumption, and that has all of the following characteristics: 1) Establishment does have late hours; 2) Customers order food and beverages from individual menus; 3) Food and beverages are served at a fixed location (i.e., booth, counter, or table); and 4) Customers pay for food and beverages after service and /or consumption. Late Hour Operations. Facilities that provide service after 11:00 p.m. 3 The rationale behind the split parking ratio was also related to the fact that the previous operator of Malarky's Irish Pub also owned and operated the Cannery Restaurant. The offices and storage space were jointly utilized to support Malarky's Irish Pub and the Cannery restaurant operations, and therefore, additional parking (3 spaces) was required during the day when the office space was in use. In the evening, the offices were not in use and the additional parking could be utilized exclusively for Malarky's Irish Pub. 153 Malarky's Irish Pub March 3, 2011 Page 6 • The outdoor dining patio is proposed to close at 11:00 p.m., reducing the capacity of the establishment when it operates primary as a bar. The location of the establishment on the Balboa Peninsula affords the opportunity for significant walk -in and bike -in trade. • A 35 -space municipal parking lot is located directly across 30`h Street and provides convenient parking should parking within the establishment's parking lot be full. Parking is also free of charge after 6:00 p.m. within the municipal lot and is in lower demand in the evenings when the intensity of the establishment is likely to increase. Section 20.40.040 of the Zoning Code also includes a provision that excludes a portion of outdoor dining area (equal to 25 percent of the interior NPA) from required parking calculations. Based on the proposed interior NPA of 1,715 square feet, 429 square feet of outdoor dining is excluded from the parking calculations (1,715 sf x 0.25 = 428.75 sf). Therefore, a total of 2,068 square feet of NPA (1,715 sf of interior NPA + 353 sf of remaining outdoor dining) is utilized for the purposes of calculating required parking. Based on the variable parking ratios discussed above, a total of 47 parking spaces will be required during the day when the establishment operates as a restaurant and a total of 43 spaces will be required during late hours (after 11:00 p.m.) when the establishment operates as a bar. Table 1 below provides a parking breakdown and comparison with the existing approval. Table 1 — Parking Requirements and Comparison Approved Project Proposed Project Total Net Public 1,150 sf 2,497 sf Area includes 782 sf outdoor dining) Net Public Area for 1,150 sf 2,068 sf Parking Purposes includes 353 sf of outdoor dining) Hours Entire Facility Bar and Dining Area 7:00 a.m. to 2:00 a.m., daily 7:00 a.m. to 2:00 a.m., daily Outdoor Dining Area 7:00 a.m. to 11:00 p.m., daily Parking Required Day -1 per 44 sf Day -1 per 44 sf (1150/44 =26 spaces) (2068/44 =47 spaces) Late Night- 1 per 40 sf Late Night- 1 per 40 sf 1150/40 =29 spaces) 1715/40 =43 spaces) Parking Provided 29 spaces 47 spaces (including proposed off -site parking) Parking 0 Day - 0 spaces Surplus /Deficit Late Night - 4 space surplus Mil Malarky's Irish Pub March 3, 2011 Page 7 Off -Site Parking Use Permit No. 1792 authorized the existing establishment to utilize off -site parking on the 20- foot -wide easement to the north of the building and on the small parcel to the west. A reciprocal easement agreement provides the establishment with exclusive rights to the parking spaces located within the 20- foot -wide easement in perpetuity. The small parcel to the west is owned by the same property owner of subject property, William J. Cagney Trust, but was never merged into one parcel, thereby requiring an off -site parking approval. The new parking lot located south of the building is also owned by the same property owner; however, because the property owner has not merged the parcels into one lot, the formal approval of off -site parking is required to formally utilize the new parking lot. Pursuant to Section 20.40.100 of the Zoning Code, off - street parking on a separate lot from the project site may be approved with a conditional use permit. In addition the standard conditional use permit findings, the Planning Commission must make the following findings below: 1. The parking facility is located within a convenient distance to the use it is intended to serve; 2. On- street parking is not being counted towards meeting parking requirements: 3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 4. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Staff believes sufficient facts exist in support of each finding. The proposed off -site parking lot is located adjacent to the subject property and the parking lot has been designed as an extension of the existing parking lot for the establishment. The required 47 parking spaces are provided entirely within the parking lot. The Traffic Engineer has reviewed and approved the configuration of the new parking lot extension and proposed changes to the existing parking lot, and has determined that the parking lot design will not create an undue traffic hazard in the surrounding area. The northerly driveway will be modified for one -way ingress and the southerly driveway will provided for both ingress and egress circulation. The applicant has entered into a 10 -year lease, with an option to renew for an additional 5 years, for use of the three parcels and 20- foot -wide easement (Attachment No. PC3- Basic Lease Provisions). Given that the William J. Cagney Trust owns the subject building and associated off -site parking lots, and has entered into a long -term lease with the applicant, staff believes the parking facility will be remain available, marked, and maintained for the use of the subject establishment. A condition of approval has also been added requiring the 47 spaces to be permanently provided on -site or within the adjoining off -site lots. 55 Malarky's Irish Pub March 3, 2011 Page 8 Late -Hour Operations Pursuant to Section 20.48.090 of the Zoning Code, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when reviewing an application to allow late -hour operations: 1. Noise from music, dancing, and voices associated with allowed outdoor uses and activities; 2. High levels of lighting and illumination; 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities; 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. The nearest residential uses are located to the west on 30th Street, across from the loading dock of the adjacent shopping center. The nearest dwelling is located approximately 130 feet from the closest extent of the new parking lot boundaries and approximately 220 feet from the building itself. The adjacent shopping center building and an 8- foot -high block wall provides a screening and noise buffer from the project site. The applicant has also planted a row of bamboo trees along the block wall to help visually screen the establishment. The applicant is not proposing any live entertainment or dancing; however, amplified music through the use of a jukebox is currently used. A condition of approval has been included requiring the exterior doors and windows to be maintained in the closed position at all times, except for the ingress and egress purposes. Significant noise impacts from the proposed outdoor dining patio are not anticipated given its location on the north side of the building, its distance of approximately 300 feet from the nearest residential dwelling, and the shielding by the existing shopping center building. The outdoor dining patio is also surrounded by a 9- foot -8- inch -high glass barrier that should help attenuate sound and will be completely closed by 11:00 p.m. No new lighting is proposed with the exception of illumination for the new signage and the outdoor patio. Existing exterior lighting exists only to illuminate the parking lot. Malarky's Irish Pub is an existing establishment that currently operates as a bar until 2:00 a.m. Although the outdoor dining patio is proposed to close at 11:00 p.m., the interior dining expansion is expected to double the existing interior occupant load of 91 persons. The proposed plans indicate an interior occupant load of 198 persons; however, preliminary review by the Building Department reveals that the figure will likely S0 Malarky's Irish Pub March 3, 2011 Page 9 be reduced by approximately 20 -30 persons after the plans are reviewed for Code compliance during building plan check. Given the increased occupancy, increased pedestrian and vehicular activity is expected during late and early morning hours. This is a primary concern for the residential neighbors on 30th Street due to the potential for patrons to loiter in the parking lot and adjacent streets, intoxicated patrons leaving the establishment, and noise from patrons walking home. The applicant has submitted a detailed security plan for consideration that outlines their plan for minimizing alcohol - related problems and crowd management (Attachment No. PC4). Should the Planning Commission approve all or any part of the conditional use permit request, the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. A temporary increase in traffic during late and early morning hours on weekends is also expected on 30th Street when the establishment closes. Left -turn movements out of the parking lot and northbound on Newport Boulevard are prohibited, and u -turns from the southbound left turn pocket on Newport Boulevard are also prohibited; therefore, patrons leaving the establishment and wanting to travel northbound out of the Peninsula are expected to either: 1) travel south on Newport Boulevard to 28th Street, where they can make two quick left -turns onto northbound Newport Boulevard; or 2) travel down 30th Street and make a right turn northbound on Balboa Boulevard. Traffic noise associated with the later option may be audible to the residents on 30th Street. Unfortunately, after discussing the concern with Traffic Engineering and reviewing the roadway geometrics, modifying the striping within Newport Boulevard to allow the left - turn movement will not be possible. The trash enclosure is not currently provided on -site; however, the applicant is proposing to construct a new enclosure in the northwest corner of the parking lot. The design and area of the enclosure is proposed to comply with the design requirements of the Zoning Code. Police Department Concerns The Newport Beach Police Department provided staff a memorandum expressing concerns with the applicant's request (Attachment No. PC5). The Police Department is concerned that the increased occupant load of the establishment will result in an increase in police related activities and calls for police services. The resources required to address these potential events would detract from their ability to provide police services to other areas of the community. The project is located in a Police Reporting District (RD15) that is the most concentrated for retail alcohol establishments in the City and has a crime rate of 483.95 percent above the Citywide RD average. For these reasons, the Police Department is recommending that the outdoor dining area close at 57 Malarky's Irish Pub March 3, 2011 Page 10 10:00 p.m. and that the Planning Commission deny the applicant's request for the interior expansion. Should the Planning Commission approve the applicant's request, the Police Department has recommended several conditions of approval to regulate and control potential nuisances that the establishment may create. The Police Department has also indicated that they would issue the initial Operator License based on the decision of the Planning Commission. Conditional Use Permit Findings Pursuant to Section 20.52.020.E of the Zoning Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The operation of a Food Service, Late Hours use, with alcoholic beverages, is consistent with the purpose and intent of the Neighborhood Commercial (CN) land use designation of the General Plan and Commercial Neighborhood (CN) Zoning District. The CN designation and district are intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented primarily to serve the needs and maintain compatibility with the residential uses in the area. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments and solid waste storage, including the installation of a grease interceptor. The recent parking lots improvements and proposed facade improvements will have a positive impact on the overall aesthetics and economic health ON Malarky's Irish Pub March 3, 2011 Page 11 of the community, and will hopefully promote further revitalization of the other commercial properties located along Newport Boulevard. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. Adequate parking will be provided for the proposed operation at all times of the day, with a surplus of parking provided during late hours. The proposed outdoor dining patio will close by 11:00 p.m., once full meal service has concluded. The location and design of the outdoor dining patio should buffer the nearby residential uses from any potential noise disturbances when the outdoor patio is operational. To ensure that the interior expansion of the establishment does not create a detrimental impact during late hours, the operator will be required to secure an Operator License and will be required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance to areas surrounding the establishment and adjacent properties during business hours. Should the operator be unable to abide by the conditions of approval or prevent objectionable conditions from occurring, the Police Department will have the authority to modify, suspend, or revoke the operator's ability to maintain late -hour operations. Comprehensive Sign Program The applicant is proposing a total of five walls signs, eight awning signs, and one projecting sign. Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign Program is required whenever 3 or more signs are proposed for a single- tenant development. The purpose of a sign program is to integrate all of a project's signs, including a project identification sign, with the overall site design and the structure's design into a unified architectural statement. It is also intended to provide flexibility in the application of the City's sign regulations to projects that have multiple signs when it can be shown that the proposed program achieves the purposes of the City's sign ordinance. The applicant is proposing to renovate the exterior appearance of the building in the architectural theme of a traditional Irish pub (Attachment No. PC6- Examples). The applicant's proposed plans include a Comprehensive Sign Program that defines the size, number, and design of all signage for the development (Attachment No. PC2 — Sheets A3.1 and A3.2). Staff has also prepared a Sign Program Matrix to supplement the plans and to specifically define the permitted sign standards for this project (Exhibit B of Attachment No. PC1). The Sign Program proposes the following deviations from the City's sign code regulations: Number of Signs — Maximum of one sign allowed per primary and secondary building frontage. The proposed signage includes three wall signs, four awning signs, and one projecting sign on the primary frontage. The secondary frontages include one wall sign and two awnings signs. 159 Malarky's Irish Pub March 3, 2011 Page 12 Wall Signs (Separation) — Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. The proposed wall signs maintain a separation as close as 18.5 feet. Wall Signs (Centering) - Signs shall be located within the middle 50 percent of the building frontage. The proposed wall signs on the primary frontage are equally spaced from each other and are located within the middle 75 percent of the building frontage. The signs on the secondary frontages are located towards the front corner of the building closest to Newport Boulevard. The sign code normally allows one wall sign up to 75 square feet in area on the primary frontage; however, due to the existing tower element on the building that divides the front facade, one large wall sign cannot be achieved. Breaking up the signage into three separate smaller wall signs allows for a more aesthetically pleasing orientation of signage and achieves the applicant's design theme of a traditional Irish pub. The projecting sign and awning signs are minor and incidental the wall signage. Combined, the proposed signage does not exceed the allowable sign area for each frontage. Also, given the orientation of the building, staff believes the deviations in the wall signs separation and centering are merited to allow the applicant more effective sign placement. Allowing the signs on the on the secondary frontages to be located towards the front corner of the building allows for increased sign visibility for motorists driving along Newport Boulevard. Pursuant to Section 20.42.120.E, a Comprehensive Sign Program shall comply with a number of standards. Staff believes sufficient facts exist in support each standard and has included such facts in the attached draft resolution. Correspondence The applicant has provided various letters in support of the project. The letters have been included at Attachment No. PC7. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). This exemption authorizes additions to existing structures of up to 10,000 square feet. The proposed project consists of a 565- square -foot interior dining room expansion and the construction of a new 782 - square -foot outdoor dining patio, and therefore, qualifies under this exemption. WO Malarky's Irish Pub March 3, 2011 Page 13 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application requests. Prepared by: aime Murillo, Associate Planner Submitted by: Patrick J. Alford, Planning Manager ATTACHMENTS PG 2 Pfejeet Plans PC 3 Basic Lease Provisions PC 4 Security and Crowd Management Plan PC 5 Police Department Memorandum PC 6 Design Examples F:\USERS\PLMShared\PA's\PAs - 2010\ PA2010 - 172\ 20110303_UP2010- 039_PC_rpt.docx TmpIC 11/23/09 01 02 o3 04 05 00 Attachment N®. PC 3 Basic Lease Provisions 07 02 BASIC LEASE PROVISIONS Effective Date of Lease: the 1" day of January, 2010 Landlord: Theresa C. Morrison, Trustee of the William J. Cagney Trust dated April 17, 1987 Landlord's Notice Address: William J. Cagney Trust Theresa Cagney Morrison, Trustee c/o CE Property Management Services 1953 San Elijo Avenue, Suite 202 Cardiff, California 92007 ATTN: Judy Lehnhoff, Director of Property Management AND P. O. Box 549 Cardiff, California 92007 Additional Notice Address: William J. Cagney Trust Attn: Theresa C. Morrison, Trustee 1953 San Elijo Avenue, Suite 202 Cardiff, California 92007 Address for Payment of rent: Same as above for Landlord's notice Tenant: MARIO MAROVIC AND ASHLEA ESPARZA MAROVIC, Husband and Wife Tenant's Notice Address: Premises Street Address : 3011 Newport Boulevard Newport Beach, California 92663 -3809 Premises Floor Area: and 047 - 060 -06) collectively contain approximately 14,180 square feet c: d,mniiwi, and xnin,\cynWry docmrwnl�bwwpn Ixn: hbuario manrrk master Iniw.? did I.5.10A x 01 off/ A Am Base Term: Option(s): Date of Delivery: First Twelve Month's Minimum Annual Rent: Security Deposit: First Month's Prepaid Rent: Percentage Rent Rate: Tenant's Trade Name: Permitted Use: Broker: EXHIBITS: of land area (within which there exists a building of approximately 5.134 sauare feet). Ten (I0) years One (1) option of five (5) years with Minimum Annual Rent as set forth in Exhibit C, Options Subject first to the provisions of Section 27.e) contained herein, Landlord will deliver the Premises to Tenant within 3 days following condition as of the date of delivery. Cyndi Ybarra (for Landlord) "A" Site Plan "B" Work Letter "C" Options "C -I" Acknowledgment of Commencement of Term "D" Rent Schedule "G" Tenant's Estoppel Certificate II -2- 4u'_ :F0 vnwl Pry Attachment No. PC 4 Security and Crowd Management Plan 71- 72 SECURITY PERSONNEL All security personnel will be directly employed by the Malarky's Irish Pub and as such will be subject to all Malarky's Irish Pub procedures and policies. Including but not limited to having a current guard card for the duration of employment, fulfilling Malarky's training course and being L.E.A.D certified. All records will be kept on file and accessible to the manager on duty. Malarky's security personnel responsibilities will include but not limited to: • Verifying that guests are of appropriate age and posses current up to date California acceptable I D's • Greeting Customers • Enforcing dress code: o No tank tops o No bandanas o No club affiliation(gang attire) o No sports jerseys o No UFC affiliated attire (tapout) o California casual attire Maintaining a clear and safe environment both inside and outside the business • Observing for over intoxicated guest o Not allowing any such person entrance to the business i Being proactive by watching for aggressive or confrontational guests • Intervening before a verbal altercation before it becomes a problem • Helping to keep order and clear passage for both guests and personnel alike • Keeping an accurate count of guests and employed personnel in the building • Helping to ensure that no minors are being served alcohol 73 Two security members will be inside with pre- designated posts to help prevent congestion. They will also be responsible for helping to maintain a safe environment by observing for over intoxicated guests and potentially violent guests or situations We will have a security staff member at each door from 9PM till close. On any given night we will have one security person for every 50 persons in the building. In addition to having security staff on duty we will also have a 16 camera video surveillance system that cover most parts of the interior and some of the exterior including queuing and designated smoking areas. In a case where our surveillance can be helpful we will be more than willing to turn over any video footage we may have to Newport Police department. Sunday, Monday, Wednesday 1 -2 Security Staff members at 913M, an additional 1 to 2 at 1oPM amount may vary depending on the number of guests Tuesday, Thursday, Friday, and Saturday 2 Security staff members at 913M, an additional 2 to 3 at 10PM We will increase security staff to accommodate and account for any national holidays, long weekends, etc. As we understand that those particular days increase business. SECURITY PERSONNEL UNIFORMS All security personnel will be required to wear a Malarky's security uniform. The Malarky's Irish Pub will provide the following items to complete the uniforms. An identifying tag with SECURITY etched into it to help identify them as security personnel Flashlights, digital counters, black lights for the doors, current ID books, 30x Magnifying loop, Kenwood 2 way radios with Pryme noise reduction acoustic ear pieces In addition, Security personnel will be required to carry current guard cards and ID on them at all times. CONTROL AND CLEARANCE OF PARKING LOT /SIDEWARLD /QUEUING AREA When the first two security personnel have clocked in one will be instructed to do a physical count to establish our current head count. Once the first security member has completed a count they are to set both counters to our current head count. From this point anyone entering or exiting will be accounted for by communicating via radio. '� Once we have reached capacity and there is need for a queue, all guests will be asked from the front entrance only. The line will form on the front side of the property and run in line with our property as to not encroach on the public sidewalk. Anyone who wishes to smoke will be asked to smoke on the South side of building at which time the South side door will be for exit only and smoking. When a guest steps outside to smoke they receive a stamp and will still be included into capacity count. If a person leaves from the South side of the building, the security member stationed at that door will radio to the person stationed on the Front door the amount of people exiting. The security staff member on the Front door will do the same and also radio the amount of people entering to help insure an accurate count at both doors. Security personnel will be in constant communication with each other and managers throughout the night. Malarky's Irish Pub Security personnel will be required to perform periodic patrols of the immediate parking lot to ensure no loitering littering, graffiti or illegal consumption of alcohol or narcotics. If any persons are observed partaking in any illegal activities they will be asked to cease and desist and the manager on duty will be notified and in turn will notify the Newport police department. Upon closing, 3 of the Malarky's security personnel will patrol the parking lot in our immediate area to ensure safe departure of Malarky's guest and pedestrians. Once the parking lot is clear a member of the Malarky's security staff will be required to sweep the immediate area of the business to make it is free of trash cigarette butts and debris that any have accumulated due to business operations. INCIDENTS INVOLVING FORCE Malarky's Irish Pub has a strict no hands on policy. We have instructed all personnel to avoid aggressive or forceful confrontation with a potentially aggressive guest. We encourage a verbal and diplomatic resolution to a problem guest. We only condone reasonable force to subdue an aggressive guest if they're a direct threat to themselves, another guest or other member of Malarky's personnel. If force is required in any way security personnel are required to follow the strict procedures that have been set forth and signed by each security staff member established by the Malarky's Irish Pub. These procedures include notifying Newport Police Department as soon as it is safe or situation allows INTOXICATED PERSONS Once an over intoxicated guest has been identified, the security member will notify the manager. At that point all serving staff will be notified that the person in question will no longer be served alcohol. If the person in question is with a group of people the manager and a member of the security staff will approach one of his /her sober friends to possible assist in getting the person in question an alternative form of transportation home. As according to California law it is illegal to serve or have a person who is obviously intoxicated in your establishment. 715 If the person in question is alone a manager accompanied by a security staff member will approach the guest and inform them that we will no longer by law be allowed to serve them alcohol. At which point the manager will offer an alternative mean of transportation i.e. Taxi or a friend to pick them up. If the person refuses and insists on driving the security staff member will then keep the person in a question engaged conversation while the Malarky's manager on duty will call Newport Police Department and no them of the situation providing them with any pertinent information. It is Malarky's policy to assist an intoxicated person in finding an alternate means of transportation home other than driving. VERIFYING AGE /CHECKING IDENTIFICATION When greeting customers, Security personnel will be responsible for making sure that the guest entering is of age, has a current California accepted bona -feed ID. The ID should be current and offer a physical description, have a photo and show date of birth to be 21yrs of age or older. If the security member greeting has any questions about the ID they will be instructed to consult our most current California acceptable ID book provided by one of our local distributors. Malarky's enforces the F.L.A.G. procedure. Feel — Feel the ID for any inconsistencies. Cracking, Peeling, Texture Look — Look at the ID to make sure all information is correct and current and make sure the person on the ID is the person presenting it. live? Ask — Ask questions. For example. Are you 21 or older? What is your birthday? Where do you Give Back — Once they have determined that the person possessing the ID is 21 years of age or older, they will give the ID back to the person and allow them the enter If determined that the ID presented is not real or is another person than the one presenting it. The greeting security member will notify the manager on duty, confiscate the ID and provide the person with a receipt and instructions that it will be turned over to the Newport Police Department within 24 hours and can be claimed there. We also provide our security staff that greets guests with a black light to help identify any black light sensitive printings and a 30x magnifying loop for Micro printing. CONCLUSION We at the Malarky's Irish Pub understand the importance of being proactive when it comes to security 70 situations. It is important to be firm and impartial. We also stress to our security staff to stick to the facts when dealing with a situation. Opinions and personal feeling may not and cannot be a part of decision making when it comes to the safety and control of the guests. We also stress the importance of communication between servers security and managers. That is why whenever we have security staffs on duty all security and managers will be wearing a radio to help aid in communication and professionalism. We have a managers involved in any security related issue whenever possible. All security personnel are instructed never to handle a situation by themselves. We take a great pride in having a knowledgeable friendly and professional security staff. We at the Malarky's Irish Pub also understand the importance of police involvement in altercations or other specific security issues. It is important to be willing to work with the Newport Police Department to help us insure the safety of our guest and pedestrian walking by our establishment. We encourage notes comments and support of the Newport Police Department. 77 72 Attachment No. PC 5 Police Department Memorandum w City of Newport Beach Police Department Memorandum December 9, 2010 TO: Jaime Murillo, Associate Planner FROM: Detective Bryan Moore SUBJECT: Malarky's Irish Pub, 3011 Newport Boulevard, Use Permit No. 2010 -039, (PA2010 -172). At your request, the police department has reviewed the project application for Malarky's Irish Pub, located at 3011 Newport Boulevard, Newport Beach. The applicant requests to expand the existing restaurant and bar. The expansion includes remodeling the interior of the facility to create a new seating area and to provide ADA compliant restrooms. The interior net public area (NPA) is proposed to increase by 649 square feet. A new 796 square foot outdoor patio is also proposed to be constructed. Overall, the facility will have a total NPA of 2,735 square feet. In addition, the applicant is proposing to renovate the exterior of the facility including the installation of new signs, awnings and an entry canopy. Proposed hours of operation are 7:30 a.m. to 2:00 a.m. The applicant will be proposing valet parking on the weekends to accommodate the peak parking demand of 57 spaces. It is also the applicant's intent to utilize the valet to mitigate noise and prevent loitering in the adjacent parking lot. A valet parking management plan is currently under preparation. The applicant currently holds a Type 47 (On Sale General — Eating Place) " license, in good standing, with the Department of Alcoholic Beverage Control. I have included a report by Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this new location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City. This location is also within an RD that is over the Orange County per capita of ABC licenses. Applicant History The applicant, Mario Marovic, is a resident of Corona del Mar and has been the principle owner /operator of Malarky's Irish Pub since April of 2010. 21 Malarky's UP No. 2010 -039 The Marovic family has been in the restaurant business since 1973 with Mario first acquiring ownership in 1998. Mario Marovic also owns several other residential and commercial properties in Newport Beach, including the District Lounge and the Landmark Steakhouse. Morovic intends on maintaining Malarky's as a traditional Irish pub; however, he proposes several renovations that will aesthetically improve the exterior and interior of the restaurant. Marovic envisions that the expanded interior / patio will be utilized for dining where breakfast, lunch and dinner will be served 7 days a week. Additionally, Marovic plans on providing an upscale menu of traditional Irish cuisine that will enhance the overall quality of the restaurant. Marovic also acknowledges that after 10:00 p.m. the establishment will primarily be utilized as a bar; however, he does wish to make a late night menu available until close. Police Activities and Calls for Service Data 1Malarkv's Irish Pub) The below information represents the time period between December 1, 2009 through December 1, 2010: TYPE CALLS /INCIDENTS NOTES Fights /Disturbance Calls 23 Batteries, loud music, keep the peace B &P Violations 1 Minor in Possession of Alcohol Alcohol Related Arrests 2 (1 ) DUI and (2) public intoxication Officer Initiated Activity 29 Bar checks, subject/vehicle stops Misc 15 Alarm, theft reports, MC violations *The above table is a cursory look at calls for service. The individual details of each event have riot been investigated. Recommendations The proposed location for Malarky's Irish Pub is located in RD (reporting district) 15 which is the most concentrated area for retail alcohol establishments in Newport Beach (1 ABC license for every 38 residents). Additionally, this RD had a total of 946 reported crimes as compared to a City wide reporting district average of 162 reported crimes (483.95 % above the City wide RD average). These statistics would tend to indicate that there is a strong correlation between the over - concentration of ABC establishments and police related activity. Additionally, Malarky's Irish Pub has traditionally operated primarily as a bar between the hours of 10:00 p.m. and 2:00 a.m. Per the applicant's proposal, this will remain the same; however, an outdoor patio will be added and the interior square footage will increase which will raise the total occupancy of the establishment. Despite the best operator's intentions, the Police Department believes that this change will have a significant impact on noise with regard to the nearby residential areas. 2 22 Malarky's UP No. 2010 -039 We are also projecting that the applicant's proposal will result in an increase in police related activities and calls for police services. The resources required to address these events would detract from our ability to provide police services to the other areas of the community; therefore, we are recommending against the expansion of the interior of Malarky's Irish Pub. The Police Department is not opposed to the addition of an outdoor patio; however, we would recommend that the outdoor patio close at 10:00 p.m., daily. We feel that these recommended hours would limit the effects that noise will have on the neighboring residential areas. Should this application approved, the Police Department recommends the following conditions: Signs and Displays Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Operation The current hours of operation are from 7:30 a.m. until 2:00 a.m. The Police Department recommends that the outdoor patio close at 10:00 p.m., daily. Security The applicant shall provide licensed security personnel. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. es Malarky's UP No. 2010 -039 Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a special event permit. A special event permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the conditional use permit for the business: Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the planning commission first approves a use permit. 2. No alcoholic beverages shall be consumed on any property adjacent the licensed premises under the control of the licensee. 3. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9 p.m. 4. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department on demand. 6. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 7. There shall be no live entertainment allowed on the premises. 8. There shall be no dancing allowed on the premises. 4 24 Malarky's UP No. 2010 -039 9. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 10. Food service from the regular menu must be available to patrons until close. 11. Strict adherence to maximum occupancy limits is required. If you have any questions, please contact me at (949) 644 -3725. u w Detective an Moore ABC LiaisonNice /Intelligence �r-j Craig Fox, Captain Detective Division Commander 5 25 20 City of Newport Beacn Police Department Memorandum December 6, 2010 TO: Makana Nova, Assistant Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Malarky's Irish Pub at 3011 Newport Blvd. This area encompasses our reporting district (RD) number 15 as well as part of Census Tract 635. This report reflects City of Newport Beach crime data for calendar year 2009, which is the most current data available. Calls for Service Information City wide there were approximately 69,294 calls for police services during this time, of which 6,663 were in RD15. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,194 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,884 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,350 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,297.31 per 100,000 people. The national Part One crime rate was 3,667.02* per 100,000 people. Crimes RD 15 Newport Beach California* National* Part 1 343 2,884 1,184,073 10,639,369 Part 2 242 3,350 N/A N/A Part 1Crime Rate 11,506.43 3,297.31 3,203.52 3,465.52 The number of active ABC licenses in this RD is 79 ** Per capita ratio 1 license for every 38 residents. This reporting district had a total of 946 reported crimes as compared to a City wide reporting district average of 162 reported crimes. This reporting district is 784 crimes more or 483.95% above the Citywide reporting district average. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. 27 Arrest Information There were 80 DUI arrests and 281 Plain Drunk arrest in this area during this same period as compared to 1,270 for the entire city. This RD amounts to 28.43% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests (DUI /Drunk) Total Arrests RD 15 Newport Beach 361 1,270 796 3,595 California* National* 324,442 2,094,731 1,474,004 13,687,241 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 13 and RD 16 Crimes RD 13 RD 16 Part 1 112 167 Part 2 79 107 Crime Rate 5,812.62 6,003.49 Arrests (DUI /Drunk) 39 110 Total Arrests 161 323 Calls For Service 2,554 3,261 Number of active ABC licenses 6 ** 6 ** Per capita ratiol license for every 321* residents 464* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 86,252. *These numbers are from the 2009 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of June 30, 2009 the Orange County average of active, retail ABC licenses was 1 license for every 542 residents. (5,589 licenses and a population of 3,026,786) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit 22 Attachment No. PC 6 Design Examples 29 90 T. W I � l I I 4� I �I r� J lY p it 91- I 1 92 - 9s 94 Attachment No. CC 4 March 3, 2011 Planning Commission Minutes 95 m NEWPORT BEACH PLANNING COMMISSION MINUTES 3011 Newport Boulevard The application consists of a conditional use permit request to expand an existing eating and drinking establishment and to allow for the use of off -site parking. The application also includes a request for a comprehensive sign program to allow more than three signs on a single- tenant building. Jaime Murillo, Associate Planner, gave a brief overview of the staff report and mentioned the following: Staff was originally in support of the proposed project, including the expansion of the interior dining area. Staff believed that the Operator License would provide the Police Department with an effective tool to regulate the late hour operations; however, after receiving additional information from the Police Department, staff reconsidered the recommendation and recommended that the Planning Commission deny the interior dining room expansion and only approve the other dining area. Even with the requirement to secure an Operator License, negative impacts resulting from the large influx of patrons leaving the establishment and adjacent establishments cannot be prevented as they are outside the control of the Operator and on -site operations. Some of the negative impacts cited were as follows: • Taxi cabs and cars blocking circulation upon closing. Jay walking as a result of patrons exiting the restaurant. Patrons loitering in the surrounding neighborhood and congregating in the late hours. The Planning Commission discussed the following issues: • Sprinkler requirements. • Interior re -model without adding floor area. • Hours of alcohol service. • Indoor occupancy capacity of 166 versus 150 or less. • Availability of limited food menu for patrons of the late night hours. Applicant, Mario Marovic, gave a power point presentation and presented letters in support of Malarky's to the Commissioners. The following was discussed: • Exterior and interior improvements to the building. • Security is certified and on -site until 3:00 a.m. • Would like the bathroom to be Americans with Disabilities Act (ADA) compliant. • Fixed dining to attract sophisticated clientele. Comments in support were provided by the following persons William R. (Bill) Hamilton — 3625 5th Avenue, Corona del Mar Vincent Barbato — 4203 Seashore Drive, Newport Beach Caren Lancona -1900 West Oceanfront John Baren Doug Thomas — resident and former Newport Beach Vice and Intelligence employee. Frank Kosi — 2824 Newport Boulevard Frank Fasel — 208 Yz 29th Street Cindy Farney — 1732 Orchard Drive Boyd Mickley — 1732 Orchard Drive Gregory Ozimec — 315 Canal Street 03/03/2011 ITEM NO. 5 PA2010 -172 Approved Page 6 of 9 97 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/03/2011 President Chambers of Commerce Brett Dei Valle —1201 Estelle Lane Gordon Barienbrock — 3000 W. Oceanfront Brian Harrington — 930 W. Balboa Boulevard Brenda Martin — 206 30th Brent Ranek — 246 Lugonia Street Andy Falhetthi — 616 Seaword Road A summary of comments in support were as follows: • Higher quality of dining that would be afforded and attract an upscale crowd. • Great new venue for events if re- modeled. • Malarky's adding great value to the community. • Upscale atmosphere would be an improvement; Police Department should have better response in getting problems addressed appropriately. Greg Tonkovich — Applicant's Noise Consultant, 1021 Didrickson Way, Laguna Beach • Presented his noise study and concluded that outdoor patio would not be an issue nor have an impact on the neighbors. Comments in opposition were provided by the following persons: Joyce Faye Barnes — 122 East Bay Avenue Van Elliot — 3417 Marcus Avenue George Schroeder — 129 35th Drew Wetherholt — Submitted photos of police calls of service, hit and runs. Cynthia Koller — West Newport Joe Reiss — 30th Street Ryan Clemett — 1604 Schaffer Street Mogan Dodgers — 207 30th Street Kathy Reiss — 30th Street A summary of comments in opposition were as follows: • There is an overconcentration of drinking establishments. • There is one alcohol license per every thirty -eight residents in District 15, which has the highest crime rate in the City. • There are fights and other objectionable behavior. • Concerned with people being intoxicated and as a result being a nuisance in surrounding neighborhoods. Applicant responded to photos stating that the incident with the hit and run was not a patron of Malarky's. An additional general discussion ensued. Motion made by Commissioner Hillgren and seconded by Commissioner Hawkins, to adopt a resolution approving Use Permit No. UP2010 -039 and Comprehensive Sign Program with the addition of the following conditions to the resolution: • To limit the late -hour disturbances that the expanded dining area may create through increased occupancy, the occupancy load of the interior of the establishment has been limited to a maximum of 150 persons between the hours of 11:00 p.m. and 2:00 p.m. Page 7 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/03/2011 • The operation of the establishment shall be reviewed by the Planning Commission one year from the date the certificate of occupancy is issued for the interior expansion to ensure the increased occupancy has not resulted in detrimental impacts. The Deputy Community Development Director may initiate a review earlier than one year if detrimental impacts are identified. • Upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, all previous rights authorized under Use Permit No. 1792 shall terminate. The following conditions of approval shall supersede the conditions of approval included in Use Permit No. 1792 and Use Permit No. 1792 (amended). Motion failed with the following vote: Ayes: McDaniel and Hillgren Noes: Eaton, Unsworth, and Hawkins Excused: Ameri and Toerge Motion made by Commissioner Hawkins and seconded by Commissioner Unsworth, to approve the revised resolution denying the interior expansion and only approving the Conditional Use Permit for the outdoor dining patio and the Comprehensive Sign Program. Motion failed with the following vote: Ayes: Unsworth Noes: Eaton, Hawkins, McDaniel, and Hillgren Excused: Ameri and Toerge A general discussion ensued to cap the occupancy during the late hour operations to be 120 occupants, based on the finding that it was less than one third greater than currently exists, and the reduced number of occupants would be more manageable for the Police Department. Motion made by Commissioner Eaton and seconded by Commissioner Hawkins, to adopt a resolution approving Use Permit No. UP2010 -039 and Comprehensive Sign Program with the addition of the following conditions to the resolution: • The operation of the establishment shall be reviewed by the Planning Commission one year from the date the certificate of occupancy is issued for the interior expansion to ensure the increased occupancy has not resulted in detrimental impacts. The Deputy Community Development Director may initiate a review earlier than one year if detrimental impacts are identified. • The interior occupant load of the establishment shall be limited to a maximum of 120 persons during the late -hour operations between the hours of 11:00 p.m. and 2:00 a.m. • Upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, all previous rights authorized under Use Permit No. 1792 shall terminate. The following conditions of approval shall supersede the conditions of approval included in Use Permit No. 1792 and Use Permit No. 1792 (amended). Motion carried with the following vote: Ayes: Eaton, Unsworth, McDaniel, and Hillgren Noes: Hawkins Excused: Ameri and Toerge Motion made by Commissioner Unsworth and seconded by Commissioner Hawkins, Page 8 of 9 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/03/2011 to proceed with commencing a new item after 11:00 p.m. Motion carried with the following vote: Ayes: Eaton, Unsworth, Hawkins, McDaniel, and Hillgren Noes: None Excused: Ameri and Toerge EJECT: General Plan Annual Progress Report — (PA2007 -195) ITEM NO. Discuss General Plan Annual Progress Report and the Housing Element Annual PA2 195 Progress Rep Melinda Whelan, Assis Planner, gave a brief overview of the staff report. The Planning Commission discu the following: • Whether Koll and Conexant prof as placed on d. • Affordability had expired on some uni st units are not added to the RHNA requirement. • Addition of Implementation Pla r the Local Coa Plan to be certified is forthcoming. The report was received iled. ADJOUR NT: 12:06 a.m. MICHAEL TOERGE, SECRETARY ,CaY OF NEWPORT BEACH PLANNING COMMISSION Page 9 of 9 100 Attachment No. CC 5 Letters in Support 101 102 FEB -24 -2011 01 :28P11 FROM- T-275 P.002/003 F ^878 100 NEWPORT BEACH CHAMBER OF COMMERCE Building on a Century of Service February 22, 2011 Mr. Robert Hawkins, Chairman Newport Beach planning Commission 3300 Newport Blvd. Newport Beach, CA 92663 RE: Malarky's Irish pub Dear Mr. Hawkins: It is with great pleasure that the Newport Beach Chamber of Commerce writes a letter of support for the proposed remodel of Malarky's Irish Pub located at 3011 Newport Blvd., Newport Beach, CA 92663. The Chamber has always supported investment in our community and this remodel of a well established Restaurant is the right project at the right time. The owner, Mr. Mario Marovic has a well established record of management in our community as owner of the Landmark Steak House in Corona del Mar since 2004 and the District Bar on the peninsula since 2006. Mr. Marovie has proven to be a responsible restaurant owner with no record of ABC violations or complaints from any of his neighbors. Malarky's Irish Pub has been a fixture in our community for many years. The proposal adds a quaint outdoor patio area for our residents and visitors to enjoy. The location of the new patio is shielded by surrounding buildings so as to not impede on the quiet enjoyment of the neighbors. With the investment of nearly half million dollars adding a mere 500 square feet of public area including a total rehabilitation of both men's and women's bathrooms along with additional diming areas, this project will be a welcome enhancement to the area for years to come adding additional sales tax component to the City. The project is also supported by the development of additional parking in the adjacent lot to the south and a reconfiguration and easement agreement from the adjacent property owner to the north making this project adequately parked. 1470 J,v saRsE ROAD. NEWPOKr BEACH, CALzfom A 92660 • PH; (949) 729 -4400 • FAX, (949) 7294417 • WFB: WWW.NEWFOAT5EACH.COM los FES -24 -2011 01:29PM FROM- T -275 P. 003/003 F -979 For these reasons the Newport Beach Chamber of Commerce enthusiastically supports this proposed investment in our community and asks the Newport Beach Planning Commission to do the same.. Sincerely ig //W - Richard R. Luehrs President Cc: Members of the Newport Beach Planning Commission 1-04 NFAIPORT Malarky's Irish Pub 3011 Newport Blvd Newport Beach, CA 92663 Dear Brent & Mario, E' BIENTARY On behalf of Newport Elementary School Foundation, I would like to per your generous fundraiser night at Malarky's. Everyone had such a great to doing another event. Your contribution is essential to the delivery of important programs and our children's educational experience. These are learning opportunities otherwise exist due to state budget cut backs. We are grateful for your generosity and hope you will take great pride in difference that your support makes. Thank you, G"oluo aA� Dena Baron *Please tell your staff a big "Thank you" from Newport ELM Newport Elementary School Foundation Board of Di Eric Aust,Trish Bashaw, Dena Baron, Sandi Bulgin, Mary Cappellini, Christensen, Stacy Christensen, Kristin Douglas, Darcy Gassel, Heat[ Johnson, Laura Keane, Wendy Maddocks, Max Morris, Monica Mortc Proctor, Michelle Rappoport, Tori Rimlinger, Helen Rotherham, Kathy Elizabeth Wiley, Matt Wiley Thank you again for your generous support! Federal Tax ID #33- 0756406 C f. Ily thank you for I We look forward urces that enhance would not e important elissa Chong, John Hansberger,Julee Aimee Nourse, Aiisa iacori, Shelly Walshe 105 Murillo, Jaime From: Mario Marovic [mario @loungegroup.comj Sent: Monday, January 03, 2011 4:04 PM To: Murillo, Jaime Subject: Letter of Recommendation Dear Newport Beach Planning Department: My name is Greg Mayes. I retired last December as a Police Captain from the Fullerton Police Department after almost 30 years of service. During my last few years I was responsible for coordinating police /community /business interaction as it related specifically to Downtown Fullerton. Our Downtown had grown rapidly and many issues arose that challenged the City's ability to balance public safety and perception, with the prosperity of our diverse late night entertainment venues. My practice was always one of seeking the cooperation and assistance of our Downtown business community in the development of comprehensive strategies.to minimize adverse impacts to public safety while fostering a prosperous late night business environment. This process is difficult and requires supportive and participatory business owner /operators. The success of any police /community effort relies upon the character and commitment of its City, community and business leaders; Mario Marovic is such a leader. In 2008 the Fullerton Downtown had several problem establishments including the business known as Rock -n -Taco. This location was one of the focal points for disorder in the Downtown. In late 2008 Mr. Marovic began negotiations to purchase the business. I had not met Mario prior to becoming aware of his intentions to buy the Rock -n -Taco. Mario and I spoke on several occasions during his negotiations. I placed considerable demands upon him during my discussions and advised him he would be, "under the microscope." He said he understood the concept of consequences. Mario promised a well - managed, well- maintained business with a menu suitable for upscale dining. He advised me he would maintain security during late night hours and that he hoped to become the role -model for restaurant /lounges in the Downtown. He promised to communicate openly and honestly with other community, business and city leaders. The Matador opened its doors in early 2009 and has been a cornerstone for stability in the Downtown ever since. Mario has lived up to his promises and exceeded expectations both personally and professionally in the Downtown business community. Mario has spearheaded Downtown business efforts in the form of restaurateur collaborations, business /community meetings and city /business efforts. He has been a significant contributor to local charity efforts including the Fullerton Boys & Girls Clubs. He has opened The Matador to fund raising events and used the business as a gathering place for entities such as the Fullerton Chamber of Commerce. Under the oversight of Mario, The Matador has become a signature location in Fullerton's late night entertainment district; Mario has worked, and continues to work, with the Police Department to cooperatively identify issues and form resolutions. Mario is a trusted resource within the community and especially the Fullerton Downtown area. I cannot compare apples to oranges and do not have the same intimate knowledge of Newport Beach late night venues as I do of Fullerton's Downtown. I can however attest to Mario's character and commitment as it relates to the manner in which he oversees his businesses. His management of The Matador restaurant has brought to the City of Fullerton an enjoyable daytime restaurant, tasteful dining establishment and safe late night gathering place. I hope he is afforded the opportunity to do the same in Newport Beach. With best regards, Greg Mayes 1 100 December 20, 2010 City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 To Whom It May Concern: I am a 35 year resident of the Balboa Peninsula and patron of the Malarky's Irish Pub. I have gotten to know Mr. Marovic very well since he acquired the business last April. Since Mr. Marovic took over operations at Malarky's, I immediately noticed many positive changes at the business. Some of the changes that took place immediately after Mr. Marovic acquired the business are: • Implemented an employee training program; • Improved the menu; • Hired a full time manager; • Purchased all new glass and dishware; • Increased security in the evenings; • Completed a lot of past due repairs that the previous owner neglected; Mr. Marovic has also made numerous changes to the exterior of the building, improving its appearance and curb appeal. The entire neighborhood looks better with his outdoor improvements, from the chain link fenced off dirt lot converted to a cleanly paved parking area and the removal of the so- called "weed gardens" on the front of the building into the new streamlined, custom -built flower boxes. Even a simple fresh coat of paint has changed the building tremendously and given it (and the surrounding area) new life. The Malarky's CUP application is particularly important to me because of my very close proximity to the building; I live a block away. I cannot see that his further renovations would harm the community in any way, only continue to improve our neighborhood. I want to express my support for the CUP application as submitted, with existing hours of operation. I am a very close neighbor and am not affected now, and don't think it W uI e anything bul-ryore success and beneficial to his closest neighbors. Perry Anthon 4283 1�` Stre t Newport Beach, CA 92663 Emerald Bay Company December 18, 2010 Frank Kosi EMERALD BAY COMPANY 2824. Newport Blvd Newport Beach, Ca. 92663 RE: Malm•ky's Irish Pub To Whom It May Concern, I am writing this letter for the purpose of expressing my support and excitement regarding the proposed improvements to Malarky's Irish Pub, located at 3011 Newport Boulevard in the city of Newport Beach. I reside at 2824 Newport Blvd, very close to the Malarky's Irish Pub. I was happy to hear that the proposed improvements to this establishment would include a new upgraded sealing area with a fireplace, new restrooms and an outdoor patio for diners. As a real estate investor, I am constantly looking for new and interesting places to entertain clients while conducting business. I first started frequenting Malary's about fifieen years ago, However, I rarely frequented Malarky's in the past few years because of its deteriorating condition. Since, Mr. Marovic acquired Malarky's last April it has noticeably improved. Hecleaned up the dirt lot next to the restaurant and put in a new parking lot. The dirt Im was an eye sore for a long time and I'm happy that be cleaned that up. With the proposed new dining area, . outdoor patio and restrooms the improved Malarky's will definitely be a destination for my family, friends and clients. I look forward to being able to have dinner and drinks at the new Malarky's and enjoying my short walk hone. Please keep me updated on any significant changes or revisions to [lie submitted CUP application or plans. My friends, family and neighbors intend to support the project as submitted. Should you have any questions or concerns, please feel free to contact me. Sincei;illy, Fra 'osi 102 December 16, 2010 Bruce Schoenberger 408 31" Street Newport Beach, CA 92663 To Whom It May Concern, I am writing this letter for the purpose of expressing my complete support regarding the proposed improvements to Malarky's Irish Pub, located at 3011 Newport Boulevard in the city of Newport Beach. Lam a Newport Beach resident for over 25 yeaes, I live at 3800 Channel Place. My 2" Home /Studio, Showin Galleries & Gardens is located directly across the street from Malarky's Irish Pub off the Newport Beach Peninsula at 408 31" Street. I am one of the closest properties across the street from Malarky's Irish Pub. I first met Mr. Marovic when he acquired the business last April. He was kind enough to knock on my door and introduce himself as the new owner of Malarky's Irish Pub. Mr. Marovic has been very open about his plans and even asked me for any input that I may have regarding his project. I was shocked to hear that Mr. Marovic didn't have complete support of the neighborhood. Especially since acquiring the Malarky's location, Mr. Marovic has already done more to beautify the neighborhood than any other neighbor in close proximity. For example, he took the vacant lot that became a weed garden surrounded by a chain link fence and transformed it into one of the most beautiful parking lots in the entire city. Since Mr. Marovic acquired Malarky's I have noticed amajor improvement to the food and service. I went from rarely frequenting Malarky's for lunch and dinner to eating at the establishment quite often. The new dining area, outdoor patio and restrooms will allow Malarky's to further improve its food and service by attracting a more desirable demographic. I look forward to being able to have dinner and drinks at the new Malarky's with my family, friends and business clientele. Please keep me updated on any significant changes or revisions to the submitted CUP application or plans.. My friends, family and neighbors intend to support the project as submitted! Should you have any questions or concerns, please feel free to contact me at 949 - 929 -2136. Sincerely, .Bruce Schoenberger 109 Brent Ranek 246 Lugonia St Newport Beach, CA 92663 (949)650 -2708 Date: December 20, 2010 To: CNB Planning Department From: Brent Ranek Re: Malarky's Restaurant To Whom It May Concern; I have lived and worked in the city of Newport Beach for over thirty years. I bought my first home in 1986, which I still own and rent while maintaining my primary residence also in the city. The main reason I invested in the city of Newport Beach was because of its beauty and status. These investments have held their own in this troublesome market. And I believe it is because the way this city maintains a high level of standards. When I was asked by Mario Marovic, the new owner of Malarky's Irish Pub to write a letter on his behalf I was shocked to hear their was some reluctance by the city to have him make improvements to the property, while maintaining the existing hours of operation. For years I have driven by Malarky's and seen old washed out green awnings and a weed covered empty lot next door. I do know quite a bit about the property because at one time I approached the previous owner about buying the property. The dilapidated lot next door has been sitting empty for almost 17 years now. And now it is so nice to see that it has finally been landscaped and set up for parking. Malarkys has been a local landmark for over 30 years now and any upgrades to this facility are long over due. Mario Marovic is a "get it done" type of businessman who has already proved with his other two businesses in the city that he uses sound judgment when it comes to improving property's. Landmark Steakhouse and The District Lounge are excellent examples of how simple upgrades can turn an average establishment into a profitable, destination "Hot Spot" that benefit all involved. 110 Brent Raruek 246 Lugonia St Ne«7>ort Beach, CA 92663 (949)650 -2708 The fact that Mario is willing to put forth his own effort and capital to make these improvements to another restaurant in this city, to me seems that he is dedicated to making this a better city to live and work in. These improvements will benefit the city by increasing revenues and the new menu and chef that Mario has provided at Malarky's Restaurant gives all of us another option for dinner. As a multiple home owner and past restaurant owner in the City of Newport Beach, I would trust this very successful businessman and allow him to make these necessary changes and improve another existing establishment in the City of Newport Beach. Sincerely, Brent Ranek 111 Southern CA111Orr1It, DiciA ARCTIC GLACIER INC. December 17, 2010 Andrew Gabriel 419 Evening Star Lane Newport Beach, CA 92660 To Wheat it May Concern My name is Andrew Gabriel and I am a third generation Newport Beach resident. I grew up in the city of Corona Del Mar and currently own a home in Dover Shores, My family owns residences throughout the Newport Beach area, including the Newport Beach Peninsula. At one time, I was a frequent customer at Malarky's Irish Pub. in the past few years, I have riot spent a great deal of time on the Peninsula or at Malarky's, however, since Mr. Marovic took over operations last April, it has given nrean opportunity to rediscover the Malarky's Irish Pub. The few changes that have been made at this location have been great. I look forward to supporting his CUP Application and plans. Please keep me posted on the progress of the currently submitted CUP application and plans. I intend to support the CUP application. Thank you for your time and consideration. Sincerely, Andrew Gabriel 17011.South Central Ave. Corson, CA 90746 . T 310 -638 -0321 . F 310 - 638.2316 2843 Benet Rd. Oceanside, CA 92054 . T 760- 722 -7611 . F 760- 722 -0219 112 Marcus &Millichap Real Estate Investment Services 19800 MacArthur Blvd. Suite 150 . December 171, 2010 Irvine, CA 92612 Tel: (949) 419 -3200 Pax: (949) 419 -3210 mm.MarcusMillichap.com Nathan Holthouser 126 4111 Street Newport Beach, CA, 92663 Re: CUP Application for Malarky's Irish Pub, located at 3011 Newport Boulevard To Whom it may concern, I reside on the Newport Beach Peninsula. I had an opportunity to review the CUP application and plans submitted for the Malarky's Irish Pub. I am in complete support of the proposed application and plans. I am areal estate broker for Marcus & Millichap. I entertain clients while conducting business regularly in the City of Newport Beach. I have personally listed and sold multiple commercial properties in Newport Beach and other coastal Orange County cities. The proposed improvements to the Malarky's Irish Pub will make Malarky's a desirable place for me to frequent for both business and pleasure. The new dining area, outdoor patio and restrooms will allow Malarky's to improve its target demographic and compete with other top tier venues. I am very pleased with the improvements that have been done already to the adjacent parking lot, and I look forward to the positive impact that the new improvements to Malarky's will have on the Newport Beach Peninsula. Please keep me updated on any significant changes or revisions to the submitted CUP application or plans. My friends and neighbors intend to support the project as submitted. Should you have any questions or concerns, please feel free to contact me. Best Regards, �;, �� i /a ��dt{�„> Nathan Holthouser Associate Investment Sales ♦ Financing ♦ Research ♦ Advisory Services 11-3 December 15, 2010 To The City of Newport Beach Planning Department and Police Department: My name is Gregory Ozimec. I am a 20 -year Newport Beach resident and home owner, with two children in the local schools. I wanted to take the time to express my support for the proposed plans at 3011 Newport Boulevard, otherwise known as Malarky's Irish Pub. I am very happy with the changes that have already taken place, especially the new paint job, fagade improvements and new parking lot. I have reviewed the blueprints for Malarky's planned new restrooms and dining area, and I am in complete support of the Malarky's Irish Pub's further improvements, as are many of my friends and neighbors. I often times ride my bicycle to Malarky's to meet friends for dinner and drinks, and feel that the additional parking recently provided by Malarky's amply supports the planned new dining room. We are looking forward to the new improved Malarky's. By approving the Malarky's CUP application the city will allow Malarky's to create a facility that will cater to an upscale demographic. Please keep me informed of any substantial changed to the proposed CUP application. I intend to support the proposed plans and use as submitted. Thank you for your time and consideration. Sincerely, a i}iV�,l�' Ozimec 315 Canal Street Newport Beach, CA 92663 114 Marcus &Miilichap Real Estate Investment Services 19800 hiacArthur Blvd. Suite 150 Irvine, CA 92612 Tel: (949) 419 -3200 Paz: (949) 419 -3210 mnv.Marcusmg ichapxom December 17, 2010 Brin Hamblin 20362 Santa Ana Ave. #13 Newport Beach, CA 92660 To Whom It May Concern, I am writing this letter for the purpose of expressing my support for the proposed CUP application for Malarky's Irish Pub, at 3011 Newport Boulevard, Newport Beach. I recently moved to Newport Beach from Indiana and have been to Malarky's quite a few times. It reminds me, a lot, of places back home and I feel it's a perfect spot for the proposed plans. I was informed of the new design by colleagues of mine and think they would be able to compete well with other area venues. I find that in my recent move here, there aren't as many true to form outdoor dining places as I would've expected. And these plans would allow for Malarky's to hold more people both indoors and out, whether it be for dining or night life. I am completely in support of the project as submitted. 'Should you have any questions or concerns, please feel free to contact me. r- Investment Sales a Financing ♦ Research ♦ Advisory Services 115 Marcus &Millichap Real Estate Investment Services 19800 MacArthur Blvd. Suite 150 December 170', 2010 Irvine, CA 92612 Td: (949) 419 -3200 Pas: (949) 419 -3210 vmv.MarcusMillichap.com Daniel Blackwell 126 40t Street Newport Beach, CA, 92663 Re: CUP Application for Malarky's Irish Pub, located at 3011 Newport Boulevard To Whom it may concern, I reside on the Newport Beach Peninsula. I had an opportunity to review the CUP application and plans submitted for the Malarky's Irish Pub. I am in complete support of the proposed application and plans. I am a real estate broker for Marcus & Millichap. I entertain clients while conducting business regularly in the City of Newport Beach. The proposed improvements to the Malarky's hish Pub will make Malarky's a desirable place for me to frequent for both business and pleasure. The new dining area, outdoor patio and restrooms will allow Malarky's to improve its target demographic and compete with other top tier venues. Please keep me updated on any significant changes or revisions to the submitted CUP application or plans. My friends and neighbors intend to support the project as submitted. Should you have any questions or concerns, please feel free to contact me. Best Regards, A td DamelBl� e Associate Investment Sales ♦ Financing • Research • Advisory Services 110 Marcus &Millichap Real Estate Investment Services 19800 MacArthur Blvd Suite 150 December 17th, 2010 Irvine, CA 92612 Tel: (949) 419-3200 I=: (949) 419 -3210 w ..MarcusMillichap.cotn Shane McConnell 1167 Campanile Newport Beach, CA, 92660 Re: CUP Application for Malarky's Irish Pub, located at 3011 Newport Boulevard To Whom it may concern, I reside in the city of Newport Beach. I had an opportunity to review the CUP application and plans submitted for the Malarky's Irish Pub. I am in complete support of the proposed application and plans. I am a real estate broker for Marcus & Millichap. I entertain clients while conducting business regularly in the City of Newport Beach. The proposed improvements to the Malarky's Irish Pub will make Malarky's a desirable place for me to frequent for both business and pleasure. The new dining area, outdoor patio and restrooms will allow Malarky's to improve its target demographic and compete with other top tier venues. Please keep me updated on any significant changes or revisions to the submitted CUP application or plans. My friends and neighbors intend to support the project as submitted. Should you have any questions or concerns, please feel free to contact me. Best Regards, Shane McConnell Senior Associate Investment Sales # Financing ♦ Research ♦ Advisory Services 117 Marcus�Millichap Real Estate Investment SelTices 19800 i facArthur Bhd. Suite 150 Irvine, CA 92612 Tel: (949) 851. 3030 Fax (949) 833 - 0701 % wmMamasNiBichapxom December 17, 2010 Mark Bridge 1433 Superior Ave #142 Newport Beach, CA 92663 To Whom It May Concern, I am writing this letter for the purpose of expressing my support for the proposed CUP application for Malarky's Irish Pub, located at 3011 Newport Boulevard in the city of Newport Beach. I reside in Newport Beach. I had an opportunity to review the CUP application and plans submitted for the Malarky's Irish Pub. I am in complete support of the proposed application and plans. I am a real estate broker for Marcus & Millichap. I entertain clients while conducting business on a regular basis. The proposed improvements to the Malarky's Irish Pub will make Malarky's a desirable place for me to frequent for both business and pleasure. The new dining area, outdoor patio and restrooms will allow Malarky's to improve its target demographic and compete with other top fier venues. Please keep me updated on any significant changes or revisions to the submitted CUP application or plans. My friends and neighbors intend to support the project as submitted. Should you have any questions or concerns, please feel free to contact me. Sincerely, Mark Bridge Investment Sales ♦ Financing ♦ Research ♦ Advisory Services 11-g Marcus &Mill ichap Real Estate Investment Services a Scott G. Hook First VlceFrmiAent 6rvestmentS Senior Director National Retail Croup - December 17, 2010 To Whom It May Concern, I am writing this letter for the purpose of expressing my support for the proposed CUP application for Malarky's Irish Pub, located at 3011 Newport Boulevard in the city of Newport Beach. I reside in the Harbor View Community of Newport Beach. I had an opportunity to review the CUP application and plans submitted for the Malarky's Irish Pub. I am in complete support of the proposed application and plans. a I am a real estate broker for Marcus & Millichap. I entertain clients while conducting business on a regular basis. The proposed improvements to the Malarky's Irish Pub will make Malarky's a desirable place for me to frequent for both business and pleasure. The new dining area, outdoor patio and restrooms will allow Malarky's to improve its target demographic and compete with other top tier venues. Please keep me updated on any significant changes or revisions to the submitted CUP application or plans. My friends and neighbors intend to support the project as submitted. Should you have any questions or concerns, please feel free to contact me. Sincerely, Scott Hook 19800 MacArthur Blvd. Suite 150 Irving CA 92612. Dir: (949) 419 -3224 Fax: (949) 419 -3343 www.MucusW]Hchap.com Investment Sales ♦ Financing ♦ Research ♦ Advisory Services Frank R. Fasel P:(714)966 -2008 F: (714) 876 -6397 frf@foselnefuldo.com Thomas A. Fasel P:(714)966 -2008 F: (714) 876 -6397 taf@faseinefuldo.com Jordan B. Nefulda P:(714)966 -2008 F: (7)4) 876 -6397 ibn@taseinefulda.com December 20, 2010 City of Newport Beach Planning Department Attn: Jaime Murillo 3300 Newport Boulevard Newport Beach, CA 92663 Re: Improvements to Malarky's Irish Pub Dear Ms. Murillo, Fasel Fasel 8 Nefulda LLP (US) www.faseinefuldo.com Orange County 3200 Bristol Street, Suite 615, Costa Mesa, CA 92626 Los Angeles and Long Beach One World Trade Center, Suite 800, Long Beach, CA 90831 I am a current resident of Balboa Peninsula and a local restaurant patron. Recently, Malarky's, located a block from my house, dramatically transformed the previous unsightly street corner of 30th and Newport Boulevard to an attractive restaurant destination through the addition of a new parking lot, planters and landscaping, eye- catching exterior paint, and a newly enhanced entrance. However, improvements to the site need not and should not stop at this "first phase" of redevelopment. I have thoroughly reviewed Malarky's "phase two" improvement and remodel plan which include a new outdoor dining area, an expansion and remodel of the in -door dining area, the use of valet parking, while maintaining the current hours of operation for the entire venue. Contrary to the opinions of a few misinformed residents, l am certain that the proposed improvements will NOT be a nuisance to the surrounding area but instead greatly benefit the City of Newport Beach, its residents and visitors by: 1. Generating taxable revenue for the City; 2. Creating an attractive retail /restaurant district; and 3. Attracting sophisticated clientele. For the aforementioned reasons, I would like to express my unequivocal support for ALL of the proposed improvements to Malarky's. Additionally, I urge you, on behalf of the City of Newport Beach Planning Department, to approve the current set of plans in their present form and immediately issue a building permit to Malarky's ownership so that they may begin "phase two" construction. I Tr s, R. Fasel Partner 120 Murillo, Jaime From: Jill Hunt jjillbhunt @sbcglobal.net] Sent: Thursday, March 03, 2011 3:06 PM To: Murillo, Jaime Subject: Malarkeys I live in West Newport and think all efforts, including expansion, is badly needed in the area. Malarkeys is a great bar and will do a good job and Crow Bar is a much needed cool restaurant in the area. Please allow the expansion and development to move forward. Thanks Jill Hunt 251 Prospect St Sent from my iPhone 121 March 1, 2011 Mr. Earl McDaniel Chairman Planning Commission City of Newport Beach 3300 Newport Boulevard City of Newport Beach, California 92663 RE: Support for Malarkys Project Dear Mr. McDaniel: As a peninsula resident and Newport Beach businesswoman I am writing to express my support for the Malarkys expansion. My business, B Scene Advertising, does advertising, event planning, public relations and other related services. We run charity and promotional events for entities such as The Real Housewives of Orange County and the Miss Newport Beach Pageant. I have trouble finding quality venues large enough to accommodate the 12 pre - events and main event. We also like to use different facilities so as to have variety and not the same place every time. After the remodel, Malarkys would be a perfect location for us to hold an event. Driving down Newport Boulevard I have seen the new landscaped parking lot and improved exterior of the building which Is an improvement to the peninsula. I believe the addition of the outdoor dining patio and indoor remodel /expansion will raise the level of clientele of Malarkys. This is good for everyone. All ships rise with an incoming tide. I do think the outdoor patio should be allowed to stay open till at least 11:00 p.m. In the summer time especially I enjoy a late dinner with friends after work oron the weekend. Please vote to approve the Malarkys project. Thank you. Caren Lancona 1-22 Murillo, Jaime From: Mario Marovic [mario @loungegroup.com) Sent: Thursday, March 03, 2011 12:30 PM To: Murillo, Jaime Subject: FW:'Malarkys Argument Jaime Below is an email from Oliver Fleener for your review. - - - -- Forwarded Message - - -- From: " Fleener, Oliver" <Oliver.Fleener @Grubb - Ellis.com> To: brentranek @yahoo.com Sent: Thu, March 3, 201111:04:31 AM Subject: Malarkys Argument Brent- Due to my family having that bad flu going around I might not be able to make it to planning commission. If I can't make it... read this on my behalf or take snippets out. My name Oliver Fleener I'm a resident here Newport Beach. I've been a resident here for my entire life. I was a lifeguard here for 10 years; my dad recently retired from the building department here at the City; I am married with three kids, and candidly I enjoy nothing more than living here in this great City. My family participates in all the local activities, sports associations, Jr Lifeguard programs etc. My wife runs a small retail shop just down on PCH. My business is also in Newport Beach as commercial real estate broker with Grubb & Ellis for almost 15 years now. I specialize in office, retail, sales and leasing as well as redevelopment. Needless to say I am very familiar with the City and have a STRONG vested interest in what happens here — not only for business but for the general and personal reasons too. As a result, I wanted to address Malarky's proposed reconfiguration on all three (3) fronts — Business — General - Personal. From a business perspective — Malarky's should be allowed their request simply to help local businesses. Here are some simple statistics to consider: First and foremost as we all know the commercial real estate market has struggled greatly in the last few years. Vacancy rates have doubled to near 20% and rents have declined a 1/3 to almost in half. As a result property values have fell dramatically — when property values fall, owners and businesses do not put additional capital into them. This cycle is contagious and repetitive. By way of review I was the listing broker for the Lido Village just across the way and that was a VERY difficult site to work on. There were /are no tenants, the rents are so low they can't be justify with lenders do deal at and candidly this area and the product is just plain tired and run down. This is a theme /aura that seems to stretch to neighboring buildings here on the peninsula — heck why is the City Hall moving out of here? If one building / tenant can't get business done... why would another chose to move here? It is a domino effect. Thus the City needs to support all businesses the best they can to stop a spreading anemic environment. THEY CITY NEEDS TO ADDRESS THIS. In addition, the City needs a PR boost in how it works with its local businesses. Just by way of review, I list anywhere from 500,000 to 1,000,000 SF of product, and represent over a 100 tenants moving into and out of Newport Beach at any given time. The general consensus amongst my clientele is "NEWPORT BEACH is difficult to do business with." It is well known in the business community that this is a NIMBY (Not In My Back Yard) controlled city. Most businesses would rather not put up the fight to 12.3 deal with growth, changes etc. The reason I believe this to be true is because most businesses are too small to deal with an emotionally charged opposition. Did you know that the average tenant size in Newport Beach is 3 -4 employees and occupies only 800 -1600 SF. This is tenant size makes up approximately 85% of the tenant mix here in Newport Beach. Now consider Malarky's which is a 5,000 sq ft building and only has 1,150 feet of customer space; which puts this business statistically in the top 15% of the tenant sizes here. Now why would the City not want to assist them? More importantly as I noted prior, the City needs to present a better / more business friendly environment to tenants — ESPECIALLY ONES THAT ARE TRYING TO GROW — when the rest of the market is struggling. The City needs to fix this image of a desolate business environment — especially here on the peninsula. Speaking of a desolate environment — that leads to my 2"tl concern from a general observation as a resident of Newport Beach. I am concerned with what is going to happen in this greater peninsula area once the City Hall moves. I think it is great, and it makes sense that the City is moving up to Avocado / Newport Center — but I personally fear that once the City has left, this area will be abandoned as the proverbial "other side of the tracks" — kind of out of sight, out of mind. My reasoning for this is again... Lido Village. I know there was a meeting about a month ago reviewing concepts for a redevelopment — but again nothing has happened for nearly 15 years — maybe not to the City's fault — but again, this whole area is tired and nothing "appears" to be happening. This is world class real estate, in one of the richest places on the planet, that is essentially dead on the vine! As for Malarky's, here is something that the City can make happen! The City did a great job in putting in the "fagade entry ways just over the bridge" and cleaned up the parking lots in the area... now the neighboring businesses need a chance to upgrade and compliment what the City has done! In fact I wish there were 20 more businesses in the area that would line up out the door right now and do what Malarky's is proposing to do. This area is SO OVERDUE for a "face lift" not just on the outside but also in the business environment. There needs to be a desire for the City's residents to come and shop here — and not just the transient visitors. I want to support local businesses — but I also want - to want to go there. Help these businesses improve themselves. That leads to my final point which is a personal one. As I mentioned prior, I have lived here my whole life. This peninsula has not changed much at all over my lifetime. Some of these businesses and buildings are the same as long as I can remember —which is nice and nostalgic for most NIMBY's — but some of these places are just rotting into the ground. I personally would like to see this place cleaned up and yet keep that feel of what the peninsula is. When I saw that Malarky's finally turned that old, dirt and weed invest, lot next door to it into a usable — very nice looking — parking lot... I mean WOW. That only took 20 years to do? And Malarky's finally painted the building - That took 20 years? And yet there are still NIMBY's saying — "No change! "? What are they thinking? I have to assume they knew what and where they purchasing? For them to complain is like a home buyer purchasing a house under an airport and then complaining about the planes? What? The ironic thing is... Marlarky's is not changing... it is getting better / cleaner / more presentable. Marlaky's is not proposing to change a church into a liquor store, or a daycare into an adult lounge. They are cleaning up the building and making it more functional — the use is the same. The City should support Malarky's... not only for common sense purposes, but the purposes stated above — help local businesses, improve the City image, demonstrate that it is not abandoning this area as the other side of the tracks, and for goodness sake - help these businesses help themselves. 124 Murillo, Jaime From: Steve Nicholson [bchnick @pacbell.net] Sent: Thursday, March 03, 2011 11:10 AM To: Murillo, Jaime Subject: Regarding Malarkys improvements Dear Jaime Murillo, I am a twenty -three year homeowner at 212 30th Street, right behind the new Landing Shopping Center. My wife and I do not have any issues with Malarky's and their improvements. They have a responsible staff. Mario has made vast improvements to the exterior of Malarky's and the corner of 30th Street and Newport Boulevard. Wow! We would like to see him continue on with the interior renovations and improvements. I believe a majority of our neighbor's which I keep in contact with are in favor of the improvements and clean up. We wish Mario much success with his business endeavors. Thank you for your time. I can be contacted at the cell phone below for more information about the neighborhood if needed. Best regards, Steven C. Nicholson (949) 233 -4416 125 Murillo, Jaime From: Bill [guiderodesign @att.net] Sent: Thursday, March 03, 2011 7:23 AM To: Murillo; Jaime Subject: Malarkeys Restaurant Planning Commission Re: expansion of existing restaurant I'm a local resident in Newport Beach for 40 years. All of the 40 years on the peninsula. I also have my own architectural design business on 30th Street for approximately 20 years. Malarkey,s has always been a upstanding establishment in our community. I either ride my bike or drive by Malarkey's every morning on my way to work. The grounds surrounding the restaurant is always in pristine condition. I've enjoyed the food and sporting events since they have opened in the 70's. I'm in total support for the expansion of the restaurant. Thank you Bill Guidero William Guidero planning and design 425. 30th Street suite #23 Newport Beach, California 92663 guiderodesign(oatt.net (949) 675 -2626 Sent from my iPad 120 Murillo, Jaime From: colinweeks @hotmaii.com Sent: Wednesday, March 02, 2011 9:53 PM To: Murillo, Jaime Cc: Nikol Weeks Subject: Malarkys patio issue Mr. Murillo My name is Colin Weeks, and I have lived at 214 30th Street for the past 5.5 years. I live 2 houses over from the Albertsons (Pavillion) and Malarkys parking lot, and directly across the street from Mr. Drew Wetherhold. In the past 5.5 years, I have never had an issue with Malarkys, its staff or its patrons. I am writing this letter to make sure that the City of Newport Beach knows that Mr. Wetherhold's letter opposing the outdoor patio initiative DOES NOT represent neither my view nor that of my wife. In fact, I believe that Mr. Wetherhold's letter solely represents his own personal agenda. I sincerely believe that Mr. Wetherhold's opinions are not shared by the majority of his neighbors, and I encourage you to speak with all of them. Mr. Wetherhold decided to built a house on a lot attached to a retail parking lot, and since that time he has tried to force Albertsons, and now, Malarkys to cater to his own personal agenda and make they cave into his demands. Not only has Malarkys been a great neighbor and Newport Beach institution, but its recent cosmetic additions to the facade and new parking lot have made the 30th Street neighborhood even nicer. I think it is sad that people waste taxpayer time and money to manipulate the system to meet personal agenda. I am happy to discuss this matter in any level of detail, in any venue - public or private. Sincerely, Colin S. Weeks (949) 500 -3512 1-27 Mar.02.2011 04:19 PM Tom Tobin 9496735666 PAGE. 1/ 1 1529 Miramar Drive Balboa, CA 92661 March 2, 2011 Mr. Earl McDaniel Chairman Planning Commission City of Newport Beach 3300 Newport Boulevard City of Newport Beach, California 92663 RE: $upport for Malarkys Project Dear Mr. McDaniel: Last night my wife and I had a great prime rib dinner at Malarkys at their Tuesday night "prime rib" special. For many years 1 have been a loyal customer of Malarkys. The new owner, Mario Marovic , is making the premises and food even better. Mario has also done a great job cleaning up the parking; lot and building. 1 support his modest request for additional dining room space and an outdoor patio. When he attracts a higher clientele, i just hope he doesn't raise the prices to much. Thank you. Ton Forr Peninsula resident , Beaches and Recreation Commission 122 Murillo, Jaime From: Mario Marovic [mar!o @loungegroup.com] Sent: Sunday, February 27, 2011 5:08 PM To: Murillo, Jaime Subject: FW: Malarky's Dear Jaime: Below is an email from I believe to be the closest homeowner and resident facing Malarky's. They indicated full support of our project! Sincerely, Mario Marovic From: George Leeper [mailto:gcleeper @gma!I.com] Sent: Sunday, February 27, 20114:33 PM To: Mario Marovic Subject: Malarky's Mario, Judy and I have no objections to Marlarky's remodel and expansion. We live at 419 30th St and can see the place from our bedroom. We are happy with your management and will support you any way we can. If I can be of any further help, please feel free to call. George Leeper 419 30th St Newport Beach, Ca 949 723 5333 L 129 Murillo, Jaime From: Ted Mortenson (led.mortenson @sbeglobal.net] Sent: Sunday, February 27, 2011 2:52 PM To: emcdaniel @sunwestbank.com; Murillo, Jaime Cc: 'Louise Fundenberg'; dwetherholt @marcusmillichap.com Subject: My Feedback regarding fellow resident Wetherholt and the FW: STOP MALARKY'S BAR EXPANSION -THIS DOES IMPACT YOU FYI — Following is a copy of my reply to Louise Fundenberg's e -mail regarding Mr. Wetheral's issues surrounding about his problem with intoxicated people in Newport Beach..... and Malarky's interest in expanding its business. Mr. Wetherholt seems to be one of those people who want to control the rights of others including restricting business owners even more than unfortunately they already are. Thank you, Ted Mortenson From: Ted Mortenson [ mailto :ted.mortenson @sbcglobal.net] Sent: Sunday, February 27, 20112:36 PM To: 'Louise Fundenberg' Subject: RE: STOP MALARKY'S BAR EXPANSION -THIS DOES IMPACT YOU Dear Mr. Wetherholt, Yes, this does impact me even though I have only set foot in Malarky's once in the last 30 years. In fact it pisses me off. Pardon my frankness, but who should care what you think regarding your desired size of Malarky's building? Every American business owner still has a right to improve or otherwise make larger his property if he so chooses (existing building codes notwithstanding). They don't have to please you! If you have a problem with drunk people, you need to address that directly and honestly instead of masking your intentions. You should know, there are tried and true legal avenues currently enforceable on the owners of restaurants or bars regarding intoxicated customers. Your concern seems to be Malarky's bartenders continue to serve alcohol to drunk patrons & customers... or otherwise attract drunk patrons - right? Well, regardless of your true intention(s), you have no moral or legal right to limit the size of Malarky's physical building other than what is designated by current CA and NB codes. I wish people like you would deal more appropriately, more honestly and according to existing law with your individual concerns regarding others. Or, go ahead and try to change the law so that you and your'friends' can decide how big Malarky's building should be, or even exist at all. That would solve your "additional 100+ intoxicated individuals" concern wouldn't it? And thank you for pointing this out though so that I can let my opinion support current recommendations for approval. Respectfully, Ted Mortenson From: Louise Fundenberg [mailto:pier2pier @yahoo.com] Sent: Sunday, February 27, 2011 11:22 AM ISO To: p!er2p!er @yahoo.com Subject: Fw: STOP MALARKY'S BAR EXPANSION -THIS DOES IMPACT YOU FYI Louise Fundenberg - - - -- Forwarded Message - - -- From: "Wetherholt, Drew" <Drew.Wetherholt @marcusmillichap.com> To: dwetherholt @marcusmillichap.com Sent: Sat, February 26, 20114:15:14 PM Subject: STOP MALARKY'S BAR EXPANSION -THIS DOES IMPACT YOU We really need the community's support. Believe it or not, the planning department is ACTUALLY recommending APPROVAL which would basically DOUBLE the size of Malarkys bar and put an additional 100+ intoxicated individuals roaming our neighborhoods. Planning Dept is basically putting in ANOTHER FULL -SCALE BAR in an area that is already over - concentrated with ABC establishments and has an excessive amount of alcohol related problems. PLEASE REVIEW THE ATTACHED DOCUMENT AND TAKE JUST A MOMENT TO SEND AN EMAIL TO THE CITY SAYING THAT WE DO NOT SUPPORT THIS APPLICATION. WE DO NOT WISH TO SEE MALARKY'S BAR EXPAND AS THIS WILL ONLY HAVE A NEGATIVE IMPACT TO OUR COMMUNITY. REQUEST THAT THE PLANNIG COMMISSION FULLY DENY IT. WE WOULD ALSO ENCOURAGE TO COME TO THE PLANNING COMMISSION MEETING THIS THURSDAY, MARCH 3RD AT 6:30PM AT THE CITY HALL. YOU'RE WELCOME TO VOICE YOUR CONCERNS- JUST HAVING THE COMMUNITY WELL- REPRESENTED IS VERY IMPORTANT! THIS IMPACTS EVERYBODY ON THE PENINSULA AND ON LIDO, Should you have any questions, please do not hesitate to contact me. Please forward to other concerned residents and let's make the Peninsula a better place. Thank you for your support! Drew Wetherholt- Resident 949 - 466 -6088 131 01 00: ^011 04:59 FAX TO: Planning Commission FROM: Bret Rosa) U. 'Malarkys DATE: 3 Nlarch 2011 I live here in Newport Beach and have since graduation from college. I graduated with a Finance degree from the University of Denver in 2005. I work as a principle of a regional land brokerage firm. Most my clients have a net value in the tens of millions, ii' not 1,00 million dollars. i tike .Malarkys and go there to eat dinner, have a drink and relax. I've read in the Daily,Pilot complaints o`a certain neighbor. When leaving Malarkys 1 do not puke, fight, jaywalk, break into homes or leave unmentionable things behind. The expansion and remodel of l.Malarkvs will only make it a much nicer facility and attract a higher end Customer. Nlalarlcys is really no different as a bar then Cannery except Cannery has nicer bathrooms. Please approve Malarkys CLIP. Thank you. ' v "' AIP�I Bret Rosol 1565 Haven Place Newport Beach, CA 92663 R1 CEDVED BY PLAN\(N6 01.17PARTMENT MAR 0 3 20 if Q003 ClT 7r NEWPoTr i3LACH 1S2 Attachment No. CC 6 Letters in Opposition 133 i34 Murillo, Jaime From: Lori Morris [lorirmorris @gmail.com] Sent: Thursday, March 03, 2011 3:29 PM To: Earl McDaniel; Susan /Barry Eaton; Michael Toerge; ameri @rbf.com; Robert Hawkins; cwunsworth @cox.net; bhillgren @highrhodes.com Cc: Kiff, Dave; Rosansky, Steven; Selich, Edward; Mike Henn; Hill, Rush; Gardner, Nancy; Curry, Keith; Daigle, Leslie; Brown, Leilani; Murillo, Jaime Subject: Malarky's Bar Expansion Application March 3, 2011 Please enter into the public record City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Planning Commission City Clerk City Council Jaime Murillo Reference: Malarky's Application up 2010 -039 Planning Commission, City Council and Staff: I would like to echo Cindy Koller's request to deny the Malarky's Bar expansion application. As a resident of the Peninsula I am appalled that the staff report submitted does not go into greater detail regarding the impacts to residents this expansion would most certainly impose. The Peninsula zone has a far greater burden than any where else in the City of Newport Beach in regard to alcohol establishments. As we have been involved with the (hopefully) better use of the old City Hall site ... it would seem at this point the city staff would look at the entire impact of adding even more space for drinking alcohol in such close proximity to the future use of that site. Residents of the Peninsula should not continue to bear the burden of even ONE MORE bar or expansion and we would expect our city leaders to be looking for ways to mitigate the problems we have now with over crowded bars, not enough parking and the general crime that goes along with that. Our City Council just voted to give our Police Chief and his Dept. more latitude in dealing with the problem we now have with alcohol establishments ... yet City staff seems to be ignoring the letters of request to deny this application written by our very own Police Dept. detectives. I find that troubling and of great concern. As was reported, we had a death recently in our city directly attributed to the intoxication and drowning of a young man who had frequented the very same bars in and around the area in question. I do not wish to use his horrible death to remind our city employees of the dangers that come with being complacent in regards to too many bars in such a dense area and close proximity to a LARGE body of water but it cannot be ignored. 135 PLEASE... residents are looking to you to help end the over saturation of bars and drinking establishments in the Peninsula zone. I am asking you to deny this request and in the future please be mindful of the already established burden that the Peninsula resident must endure. Thank You, Lori Morris West Newport ISO Murillo, Jaime From: cynthia koller [gracenbl @yahoo.comj Sent: Thursday, March 03, 2011 2:38 PM To: Earl McDaniel; Susan /Barry Eaton; Michael Toerge; ameri @rbf.com; Robert Hawkins; cwunsworth @cox.net; bhillgren @highrhodes.com Cc: Kiff, Dave; Rosansky, Steven; Selich, Edward; Mike Henn; Hill, Rush; Gardner, Nancy; Curry, Keith; Daigle, Leslie; Brown, Leilani; Murillo, Jaime Subject: Malarky's use permit application 2010 -039 March 3, 2011 Please enter into the public record City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Planning Commission City Clerk City Council Jaime Murillo Reference: Malarky's Application up 2010 -039 Gentlemen: After reviewing the entire staff report on the Malarky's use permit application I would like to express my concerns with the 'expansion' and staff findings. It seems the city planning staff has penciled a standard response to the applicant but has not performed due diligence when it comes to representing the factual concerns of the residents who live on the Peninsula and near this project. It is commendable and the community is very pleased that Mr. Marovic would like to further improve what has long been an eyesore in this area and yes he has made substantial beautification improvements and we are grateful but the residents concerns of I increases of noise, nuisances, foot traffic, vehicle traffic and crime associated with an increased drinking clientele seems to be overlooked. No one in the community is against Mr. Marovic trying to improve his business especially in these economic times but a request to double the inside occupant load from 91 to 198 then adding an additional 49 patrons on the patio at a drinking establishment, any bar /restaurant in such a high density area is going to cause a considerable added undue burden on the residents who live in close proximity to this property, a huge strain on resident parking (patrons using Albertson's parking lot), an added impact on Hoag's already impacted ER (per the physicians who work there) and a overload on our city services(PD,Fire and Paramedic). Mr. Marovic has outlined a well thought -out security plan to try to reduce the impacts he knows will come with a large jump in clientele but we all are painfully aware that no matter how well intentioned and implemented his plan is, it is only as good as the area he can apply it to, once these clients leave the property the burden and impacts fall directly on the residents and the Newport Beach Police Department. As one resident my police logs represent a small look into the late night impacts suffered by residents who live in such a dense mixed -use area near these bars on the Peninsula (fighting, crude loud language, public urination, vomiting on our properties, public sex, increase vehicle traffic using side streets to avoid Police units and a barrage of vehicle hit and runs). I sincerely wish Mr. Marovic continued business success and applaud him for the positive changes he has made thus far but would respectfully ask the planning commission to consider the facts the NBPD submitted and deny his request for expansion of an outside patio area. i37 Sincerely, Cindy Koller West Newport Resident ISO Murillo, Jaime From: Terry Martin [terry@caliberint.net] Sent: Thursday, March 03, 2011 1:18 PM To: emcdaniel @sunwestbank,com; Murillo, Jaime Subject: Malarkey's Expansion Gentlemen, I am writing to request that you please vote against the proposed expansion of Malarkey's. I fail to see how permitting the expansion would be in the best interest of our community. As I understand it, the plan is to increase the capacity of Malarkey's by around 100 patrons. Where will these additional patrons park? Parking on the peninsula is already a nightmare. It is also fair to expect that a number of these additional cars' drivers will be intoxicated after leaving Malarkey's. The last thing we need is an increase in the number of drunk drivers on our roads. In addition, it is no secret that the party atmosphere of bars such as Malarkey's tends to spill out into the streets after 2:OOAM causing headaches for residents in the immediate vicinity. I can not imagine how much worse the problem would get if 100 more patrons are added to the mix. I am confident that after taking the time to engage in a cost - benefit analysis of the situation, you will come to the conclusion that allowing Malarkey's to expand would be detrimental to our community. Please do not approve the Malarkey's expansion. I thank you for your time. Sincerely, Terry Martin 122 Via Palermo, Lido 139 Murillo, Jaime From: iaglass @aol.com Sent: Thursday, March 03, 2011 11:25 AM To: Murillo, Jaime; emcdaniel @sunwestbank.com Cc: iaglass @aol.com Subject: City of Newport Beach Project File No: PA2010 -172, Malarky's Bar (3011 Newport Blvd.) Dear Planning Commission, As property owners of 215 30'h Street, we join in the concerns of the Newport Peninsula community and want to express our opposition to the expansion of Malarky's Bar. As the Planning Commission, you are quite aware of the data that many in the community are raising such the over concentration of ABC licenses in the Newport peninsula. Of course, you are also quite aware of the associated problems such as the high police activities with DUIs, and public intoxication, property damage to private properties in the area, as well as other public nuisances as vandalism, noise, brawls, trash and unruliness. The recklessness occurs during times well into the night and early morning when local residents — families, children, the elderly -- should also be assured of their own right to peace and safety. The sad fact that the Planning Commission should also consider are the consequences to Public Safety and Liability. With budgetary problems, can the city afford to enforce its laws on public safety? Can the city afford to place police officers on every ABC licensee on the peninsula during the operating hours of these ABC licensees and into the morning hours? Sincerely, Irena and Richard Glassman 1-40 Murillo, Jaime From: Wetherholt, Drew [ Drew. Wetherholt @marcusmillichap.com] Sent: Thursday, March 03, 2011 9:18 AM To: Murillo, Jaime Subject: Malarkeys Expansion Planning Commissioners: I DO NOT WISH TO SEE MALARKYS EXPAND AS THIS WILL ONLY HAVE A NEGATIVE IMPACT TO OUR COMMUNITY. MALARKYS APPLICATION SHOULD BE DENIED FOR THE FOLLOWING REASONS: • The peninsula area (District 15) already has an over - concentration of ABC establishments. According the Alcohol Beverage Control and Newport Beach Police, this small area has in excess of 78 ABC licenses. The most ABC licenses not only in the city but in all of Orange County! • According to the Newport Beach Police, there is 1 ABC license per every 38 residents in District 15! This is extremely excessive and illustrates that there is NO NEED to increase drinking establishments in this area. • Reporting District 15 has the highest crime rate in the city by far. According to the Newport Beach Police Department, this reporting district (RD) had a total of 946 reported crimes as compared to a city -wide reporting district average of 162 reported crimes (483.95 % above the city -wide RD average). These statistics would tend to indicate that there is a strong correlation between the over- concentration of ABC establishments and police related activity. It should also be noted that the majority of these calls for service occurred between the hours of 6PM and 2AM. Not a very productive use of City, Police or taxpayers resources /money. • The Newport Beach Police Department has also recommended AGAINST the Malarky's expansion to the Planning Department. • The area does NOT need an additional 100+ intoxicated individuals roaming our neighborhoods at 2AM with the related problems of yelling /screaming, puking, public urination, sex, vandalism, fights, property damage, and drunk - driving etc. Residents are constantly being disturbed, woken -up and having to deal with these alcohol related problems. Intoxicated individuals have even tried breaking into nearby homes. • Often residents get to start their weekends cleaning -up puke, broken bottles, and even condoms on the streets, sidewalks and even their front porches. Bras and panties are also found. • Intoxicated people are constantly running across Newport Blvd and going against the traffic lights especially during the hours of 11 PM -2AM. Individuals have nearly been hit by cars and traffic gets obstructed. Cabs often double - parked and create cab lines that also obstruct traffic. • The surrounding area cannot handle the increased parking even if the applicant has met "zoning" parking requirements. Let's say there is an increase of 100 patrons and let's say only 30% of these patrons drive to the bar, there is simply nowhere for them to park. The municipal lots are full and we already have patrons parking all over our neighborhood. This is not acceptable as the area is already significantly under - parked and this provides no benefit to the community. • Malarkey's is NOT a restaurant; it is a BAR! Malarky's hosts events such as the Zombie Pub Crawl featuring cheap drink specials. • The patios of Rudy's bar and the Newport Beach Brewing Company are already too noisy with the related yelling and screaming both during the day and the evening. There is no need to add a patio to Malarky's bar as this will only contribute more noise and problems to the area. There is no logical place to put a patio area on the Malarky's property. All possible locations will have a negative impact on the surrounding community because the excessive sound from the patio will carry throughout the neighborhood. The proposed location is like an enclosed alley and the sound will only echo throughout the area. 1-'1 • PUBLIC SAFETY is a real concern due to the continued increase of ABC establishments. Doubling the size of this bar will only increase the alcohol related problems within this district and the public safety is further endangered. WHEN IS TOO MUCH, ENOUGH? PLEASE DENY MARLARKY'S APPLICATION. Thank you for your time and consideration. Drew Wetherholt 301h Street Resident 142 Murillo, Jaime From: BILLEDPAM @aol.com Sent: Wednesday, March 02, 20118:51 PM To: Murillo, Jaime Subject: Malarky's Bar Expansion Hello - my husband and I built our home on the 200 block of 30th Street in 1991 and have lived here since that time We love living here and adjust to the summer visitors and renters that come and go. But the bar situation seems to be getting out of hand. We have the Brew Co. at the end of our street on Newport Blvd., Rudy's on 31st and Newport, Malarky's across the street from Rudy's and the new Pavillions Center will have at least 2 establishments "that we are aware of that will serve liquor and have patios right next to Malarky's. A prudent person would agree that enough is enough in this bar congested area we know as "home ". I am personally against an expansion of the "restaurant" bar that is closest to my home that impacts all of my neighbors. And I am against their obtaining a Parking Waiver. This will just impact our street all the more. For such a short street, we have a large number of owner /residents that really "know each other" and rally when an issue impacts us. And we have 5 children living on the 200 block. I have been a Street Captain for Neighborhood Watch for a number of years and have gone to bat for my neighbor friends who have come to me with issues that they did not know how to handle. And the only thing I feel I can do concerning this issue is to advise you that I am one of many that does not want 100 more people packed into our local pub on our street causing traffic, taking up parking spaces and causing issues late at night as these drinkers try to find their vehicles and the loud talking and screaming that accompanies late night drinking, and then police involvement to assist us. Thank you for your consideration. Pamela J. Garrett 209 30th Street 143 Murillo, Jaime From: Louise Fundenberg [Ifundy @sbcglobal.net] Sent: Wednesday, March 02, 2011 12:19 PM To: Michael Toerge; Barry Eaton; Earl McDaniel; Charles Unsworth; Robert Hawkins; Bradley Hillgren; Fred Ameri; Campbell, James; Murillo, Jaime Cc: Curry, Keith; Mike Henn; Daigle, Leslie; Rosansky, Steven; Selich, Edward; Gardner, Nancy; Kiff, Dave Subject: Malarky's Bar To the Planning Commission of Newport Beach; I am sending this as a personal email. Malarky's is not CNBCA's area. It is in West Newport's area. I feel very strongly that you should not grant the conditional use permit nor give a waiver for parking. This area is over parked now. There the problem of taxis standing waiting for fares, double parked or circling around the area. This makes for much congestion on Newport Blvd. You can stand at Malarky's front door and see two other bars across the street. The bar goers seem to go from one to the other. They cross against the light or in the middle of the street. There is no regard for drivers. One of these days someone will get killed. Putting a bar in the remake of the market on 32nd Street between Newport Blvd. and Balboa Blvd. should not be granted either. If adding more bar space on the peninsula is some - body's idea of REDEVELOPMENT then bring back the one arm bandits. Thank you all for the work you do for the city. Sincerely, Louise Fundenberg 1-44 Murillo, Jaime From: Campbell, James Sent: Wednesday, March 02, 2011 7:47 AM To: Murillo, Jaime Subject: Fw deny any expansion permits to Malarky's Jim Campbell Acting Planning Director Community Development Department - - - -- Original message---- - From: Stuermerk001 <stuermerk001 @aol.com> To: jampbell@newportbeachca.gov, mcosylion @newportbeachca.gov, palford @newportbeachca.gov, jgarcia @newportbeachca.gov, gramirez @newportbeachca.gov, LDesantis @newportbeachca.gov Sent: Wed, Mar 2, 201106:43:45 GMT +00:00 Subject: deny any expansion permits to Malarky's Hello, I've been a resident on 30th St. for over 10 years. I have wonderful neighbors who genuinely care about this city. Over the years, we put up with a lot of issues with drunk/intoxicated individuals due to the bars being around the corner. I do visit them myself, but are very respectful of my neighbors and don't come home late, loud or behave in inappropriate ways in front of the children on our street. Our street almost nightly already has issues with the patrons of these bars, being extremely loud at all our of the night and early morning. These patrons, are known to leave trash on our patios, vomit on our sidewalks, pass out on our patios and scream loud inappropriate profanities during all hours of the day. Also we already have difficulty parking from Memorial Day -Labor Day. Adding capacity to Malarky's Irish Pub would only escalate all of these issues. The honest citizens who love this city would like to keep it a nice place to live and raise a family. Please support your residents and deny any expansions of Malarky's Irish pub. The commission hearing is on 3/3/11 and as a long time resident, please help keep it nice for my neighbors and the other residents that surround this establishment. Thank you for your time. Katie Stuermer 145 Murillo, Jaime From: STACY NIELSEN [stacynazl3 @hotmail.com] Sent: Tuesday, March 01, 2011 10:00 PM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: Malarky's Petition to Expand To Whom It May Concern: Recently it has come to my attention that Malarky's Bar and Grill located at 3011 Newport Blvd. is requesting a use permit that would not only allow for an outdoor patio area but also more than double its occupancy. While I respect Malarky's as a staple of Newport Beach, I do not enjoy the bulk of patrons leaving the facility. First, Malarky's is primarily a bar and I have seen too many individuals leaving who are extremely intoxicated. This level of intoxication leads to an unacceptable levels of noise, unnecessary physical and verbal fights, individuals relieving themselves in alleyways and garages, an excessive level of inappropriate trash (bottles, cans, miscellaneous clothing items, left over/ uneaten pizza), and vomit. A beautiful new facility is being built just behind Malarky's complete with more restaurants and conveniences for vacationers and residents alike. I do not think that any of us want this new facility defaced by these late night antics. Second, we are already having trouble with the late night noise at the Newport Beach Brewing Company (Brew Co.). Besides the noise of those leaving Malarky's increasing with an increased capacity, adding an outdoor patio to Malarky's directly accross the street will only raise this noise level exponentially all while the City of Newport Beach uses our tax dollars trying to control it. In conclusion, while outdoor seating would be a nice addition to many restaurants in Newport Beach, Malarky's is not one of these locations. The noise that the patio will produce as well as increased number of drunk guests wondering the streets after hours will only further hurt the areas struggling housing market it will stifle the reputation for which Newport Beach strives. Malarky's should not be granted a permit to expand its facility. Thank you for your time and concern in this matter. Should you have any further questions, please feel free to contact me at stacvnaz13(alhotmail.com, Sincerely, Stacy Nielsen Turek 220 1/2 30th St. 140 Murillo, Jaime From: Linda Formuzis [Ikleinl4 @me.com] Sent: Tuesday, March 01, 2011 3:38 PM To: Murillo, Jaime Subject: Malarky's expansion - NO NO NO! Gentlemen; The absolute last thing the Peninsula zone needs is an expanded Malarky's!! We have a total over concentration of rehab clients roaming all over the place and now a bigger drinking bar? Just count the drinking bars we already have!! The policing issues, parking issues and the hugely undesirable addition to a business that is already a negative in our conummity! Our quality of life is so compromised in this area already by bars and rehab business that have proliferated in this part of Newport Beach! All of this is counter productive to our efforts to remake the nearby Lido Village area into a quality tourist and visitor zone. Allowing Malarky's to expand is out of the question. It's a no brainer. Thanks for your support of me and my fellow property owners, Linda Klein 14j Murillo, Jaime From: Neal and Lamia Shehab [starmountain @roadrunner.coml Sent: Tuesday, March 01, 20114:34 PM To: Murillo, Jaime Cc: emcdaniel @sunwestbank.com Subject: Malarkeys To Whom it May Concern, Please do not approve the expansion of Malarkeys. The last thing we need on the peninsula is more drunks looking for parking. Unless they can increase their own parking this expansion does not make sense. Thank you, Neal Shehab 1-42 Murillo, Jaime From: Sarah Zielsdorf Calvert (scalvert@xavor.com) Sent: Tuesday, March 01, 2011 10:43 AM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: Malarkey's expansion Hello Jaime and Earl, I'm writing to let you know that my husband and I oppose the expansion of Malarkey's. We live on 30th street with two young children and fear that an expansion would create additional problems and noise for the residents of this area. Thank you for your time. Best regards, Sarah B. Z. Calvert Director, Management Consulting scalvert @xavor.com 949.231.9304 Murillo, Jaime From: Dean Roberts [deanandann @verizon.net) Sent: Tuesday, March 01, 2011 9:29 AM To: Murillo, Jaime; emcdaniel @sunwestbank.com Cc: pier2pier @yahoo.com; drew.wetherhoit @marcusmillichap.com Subject: Malarkey's Bar Expansion We recently learned that the Planning Dept. has recommended that Malarky's has been given approval to significantly expand its operation. We find this incomprehensible that this will, in any way, improve the city and in significant way, lead to its detriment. 'Please reconsider this matter. Dean & Ann Roberts, 313 Anade Balboa, CA Cell: (626) 221 -2297 deanandann(o.verizon. net 150 Murillo, Jaime From: Mary K. Drennan Umkdren @gmail.comj Sent: Monday, February 28, 2011 5:59 PM To: Murillo, Jaime Subject: Malarkey's Bar Please deny expansion of Malarkey's Bar. The new owners have made great improvements seen from the outside and I commend them for their attractive exterior. However, allowing an additional 100 occupants will greatly impact parking in the area. This would be unfair to the existing businesses. Thank you for your consideration. Mary K. & Jim Drennan. 1151 Murillo, Jaime From: Bob Klar [theklars @yahoo.comj Sent: Monday, February 28, 20118:11 PM To: Murillo, Jaime Subject: Malarky's Bar live at 413 East Edgewater, and I do not support the expansion of Malarky's Bar. There are enough bars in the area. Please no more bars. Robert W. Klar 152 Murillo, Jaime . From: Marie Pierotti [pierottifamily @yahoo.com] Sent: Monday, February 28, 20114:28 PM To: emcdaniel @sunwestbank.com; Murillo, Jaime Subject: Expansion of Malarky's Bar Chairman McDaniel and Ms. Murillo - We are writing to express our opposition to the potential expansion of Malarky's Bar. It is difficult to understand why the City would favor a major expansion of a drinking establishment on the Balboa Peninsula when there are already so many such places. The additional parking and traffic that will be generated as well as the noise and difficulites attendant to a bar like this are problems that the property owners should not be required to bear. Thank you. Tony and Marie Pierotti 314 Alvarado Place Newport Beach, CA 1155 Murillo, Jaime From: Martin Carol [candwmartin @sbcglobal.net) Sent: Monday, February 28, 2011 2:27 PM To: Murillo, Jaime Subject: Malarkey's expansion As a resident of the central peninsula, I beg you to do all you can to deter the expansion of Malarky's, their addition of patio service, and increased signage. One of the good things about Malarky's has been their tasteful outside appearance and it would be sad for that to become a tacky sign center. Regarding expansion -NOM Currently we drive through that section of bars very cautiously hoping to prevent the car being hit by a drunk falling off the curb. More bar capacity equals more patrons at risk of impeding traffic in their unique ways. Just last weekend I screached to a halt as a Cassidy's patron decided to follow two lovely ladies who had earlier crossed Newport Blvd. As these three stood arm in arm in the center of Newport Blvd. with all lanes of incoming traffic stopped, there could be no question that they had stayed in the bar too long. Current bar capacity is more than adequate. Carol Martin Newport resident 154 Murillo, Jaime From: Rick Cunningham [rick @highlandroof.comj Sent: Monday, February 28, 2011 1:55 PM To: Murillo, Jaime; 'emcdaniel @sunweslbank.com' Subject: Conditional Use Permit for Malarky's Bar Expansion - 3011 Newport Blvd February 28, 2011 Jamie Murillo / Earl McDaniel City of Newport Beach Planning Commission 3300 Newport Boulevard Newport Beach, CA 92663 RE: Conditional Use Permit for Malarky's Bar Expansion - 3011 Newport Blvd Dear Sirs: I was recently informed that the new owners of Malarky's Bar (3011 Newport Blvd) have applied to the Planning Commission for a Conditional Use Permit to expand the facility and add an outdoor patio. I further understand that this expansion would increase their occupancy by about double the current number. I can't tell you how upsetting this is to me as a local resident living on Marcus Avenue in Newport Beach since 2003. I have already suffered through the aftermath of the expansion of Rudy's bar where we were assured by the ownership and the Commission that there would be "no real impact" on the local residents.., this has proven to be a complete farce. I have personally called the Newport Beach Police Department over ten times since that expansion to have them come break up fights, pick up patrons that were passed out in the bushes in front of my house, and to report drunken vandalism to my Marcus Avenue property. Further, I have been awakened by drunks making their way into my back yard, urinating on my bedroom window, yelling and screaming as they make their way home, and my car was severely damaged by a shopping carts being used for go -cart racing at 1:30am. I realized that when I bought my house in the beach area that parking would be tough, but I did not plan on having Rudy's employees taking up all the street parking between 32nd and 35"' streets. It is hard enough to find a spot now with Rudy's "plaid -clad bar girls" and patrons parking on our streets, with the additional draw of the new Crow Bar in the soon to be completed Pavilion's center and another 100 people nightly at Malarky's, there will never be a spare space for residents or their friends in our neighborhood. We are living with one Planning Commission mistake already. I implore you not to make another by allowing the Malarky's expansion that will deposit yet more cars, drunks and disorderly patrons onto the surrounding streets. 155 The neighborhood just west of Malarky's used to be comprised mostly of low dollar rental units with absentee owners but over the last decade more and more people have purchased duplexes and converted them to single family dwellings to live in with their young families. With the increase of owner occupied "family" dwellings the need and tolerance for expanded drinking establishments has exceeded the limit. Our neighborhood has changed into a nice place for families to live and for kids to play. Please don't bring back the seedy element that our neighborhood has tried so hard to clean up by adding capacity for yet another drinking establishment. Please help us keep our neighborhood safe and family oriented. Respectfully yours, MeA Cauu :2.. gAa,ft President Highland Commercial Roofing 626 -856 -2076 Office 310- 388 -1740 Fax 5105 Heintz Street Baldwin Park, G4 91706 A �twecP • SOUTHERN CALIFORNIA — ARIZONA — NORTHERN CALIFORNIA High - Performance Commercial Roofing Solutions Since 1991 Specialists in Sustainable Seamless "Cool -Root' Systems "Cool before it was Green... Green before it was Cool!" 150 Murillo, Jaime From: Mike Deschenes [miked @rampageproducts.net] Sent: Thursday, February 24, 20113:24 PM To: Murillo, Jaime Subject: Malarkys Expansion request Jamie Murillo Planning Department, Newport Beach, CA Dear Jamie, I am aware of a proposed expansion petition on behalf of Malarky's and subsequent planning commission hearing scheduled for March 3rd. As I have business obligations that has me out of town, I am unable to attend and share my thoughts as a homeowner, concerned citizen and Newport Beach Tax payer —so I'm asking you to consider my thoughts in your position on this matter. What in God's name could be the upside to our community? I have a family and we often walk past some of the inebriated, non - resident, guests who frequent the area — at times they are merely disgusting, often they are rude or indecent and disruptive to my simply walking the streets in my own neighborhood — rarely are they polite or sensitive to the appearance or safety of our community. Could you, or anyone on the planning commission, actually believe that we have a shortage of drinking or eating establishments in the area? This specific establishment has operated in the same location for quite some time - now all of sudden we have an ownership change and for some reason the new owner is looking to our community to enhance his investment —vote no on this petition.... maybe Mario should consider building another bar in his own back yard! 11 Regards, Mike Deschenes Resident of 36th Street 157 Murillo, Jaime From: lennymark @roadrunner.com Sent: Sunday, February 27, 2011 10:42 AM To: Murillo, Jaime Subject: Malarky's Please do not let Malarky's increase the size of their location. We have more than enough area in this city for people to drink. We do not need more people coming to the peninsula to get drunk. Thank you for your consideration. Leonard Applebaum Newport Beach, CA 1152 Murillo, Jaime From: Pat Klingensmith [patklingensmith @yahoo.com] Sent: Sunday, February 27, 2011 10:43 AM To: Murillo, Jaime Subject: Malark'ys Bar We wish to go on record as being against the enlargement of Malarky's Bar. There are too many bars in that area now and the resulting problems caused by excessive drinking are very prevelant in that area. 159 Muritlo, Jaime From: Tom O'Loughlin (BalboaTom @att.net) Sent: Sunday, February 27, 2011 12:32 PM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: MALARKYS Newport Beach Project File No:PA2010 -172 Importance: High We strongly disapprove of permitting the bar to expand. It is already a very dangerous area with intoxicated patrons crossing the streets there to roam from one bar to another. It just does not make any sense whatsoever! Tom O'Loughlin Balboa Peninsula 949 -374 -2171 100 Murillo, Jaime From: Irwin Goldring [idgoldring @gmail.coml Sent: Sunday, February 27, 2011 1:23 PM To: Murillo, Jaime Subject: Malarky's Expansion Please deny the request to expand Malarky's. I am a homeowner on Lindo. Thank you. 101 Murillo, Jaime From: Kris and Marcus (lidowilson @aim.com) Sent: Sunday, February 27, 20112:06 PM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: Malarky's bar (3011 Newport Blvd.) Planning Department, Please do not approve any expansion of Malarky's bar (3011 Newport Blvd.) There are too many bars and drunks and not enough parking. The city should be planning projects that improve the neighborhood and not expanding businesses that destroy it. Thank you, Marcus & Kristin Wilson 102 Murillo, Jaime From: phocken @cox.net Sent: Sunday, February 27, 2011 2:07 PM To: Murillo, Jaime Cc: emcdaniel @sunwestbank.com Subject: Expansion of Malarky's Bar We have just read with some amazement that the Planning Commission is actually recomending the expansion of Malarky's. If there is one thing that the Lido Isle and Penninsula residents do NOT need is another bar and more associated drinking problems such as drunk drivers, broken bottles, and rather nasty litter, let alone the noise factor of a patio bar, Please do not allow our wonderful Newport/Balboa area to invite further problems for us and the police. Paula and Roger Hocken 205 E. Bay Ave., Balboa phocken @cox.net i 1o3 Murillo, Jaime From: Joseph R. Stack jjoe @stackcpa.corn) Sent: Sunday, February 27, 20112:31 PM To: Murillo, Jaime Cc: emcdaniel @sunwestbank.com Subject: opposed to Malarky's expansion Gentlemen, I am strongly opposed to Malarky's proposed expansion. I have lived and worked on the peninsula for over 20 years within a few blocks of Malarky's. As a younger man, I spent my share of time inside Malarky's as well as every other bar on the peninsula, so I am not opposed to drinking or drinking establishments in general. However, I remain strongly opposed to any expansion, or establishment of new drinking' facilities. We have more than enough we don't need more! I am also particularly opposed to any outdoor /patio expansion due to the increase in late night noise which is already at unacceptable levels in the area. I urge you to deny the request for conditional use permit. Thank you, Joe Stack Joseph R. Stack, CPA, MST Residence: 3810 Marcus Ave Stack & Jagiello, LLP 430 32nd Street, Suite 100 Newport Beach, CA 92663 tel 949.723.1829. x315 fax 949.723.6129 www.sicpas.com 104 Murillo, Jaime From: Kevin Finn (kevinfinn @sbcglobal. net] Sent: Sunday, February 27, 2011 2:57 PM To: Murillo, Jaime Subject: Marlarky's request for expanxion I AM REQUESTING THAT THE PLANNING COMMISSION FULLY DENY MARLARKY'S APPLICATION FOR EXPANSION. THE PENISULA IS ALREADY OVER CROWDED WITH BARS THAT BRING MANY ASSOCIATED BURDENS TO THE RESIDENTS AND POLICE WHO LIVE AND WORK HERE. KEVIN FINN 105 Murillo, Jaime From: Larry Mathena [mathenaesq @aol.com] Sent: Sunday, February 27, 2011 3:11 PM To: emcdaniel @sunwestbank.com; Murillo, Jaime Subject: PA2010 -172 Reject it Malarky's bar (3011 Newport Blvd.) on the Newport Beach peninsula is requesting a conditional use permit to significantly expand the capacity of the bar and add a 782 square foot outdoor patio. This expansion would over double the occupancy from approximately 91 people to over 200 people. We do NOT need to see an additional 100+ intoxicated individuals roaming our neighborhoods. The application also requests to allow more than 3 signs on a single- tenant building. (City of Newport Beach Project File No: PA2010 -172) WE DO NOT WISH TO SEE MALARKYS EXPAND AS THIS WILL ONLY HAVE A NEGATIVE IMPACT TO OUR COMMUNITY, MALARKYS APPLICATION SHOULD BE DENIED FOR THE FOLLOWING REASONS: The peninsula area (District 15) already has an over - concentration of ABC establishments. According the Alcohol Beverage Control and Newport Beach Police, this small area has in excess of 78 ABC licenses. The most ABC licenses not only in the city but in all of Orange County! According to the Newport Beach Police, there is 1 ABC license per every 38 residents in District 15! This is extremely excessive and illustrates that there is NO NEED to increase drinking establishments in this area. Reporting District 15 has the highest crime rate in the city by far. According to the Newport Beach Police Department, this reporting district (RD) had a total of 946 reported crimes as compared to a city -wide reporting district average of 162 reported crimes (483.95% above the city -wide RD average). These statistics would tend to indicate that there is a strong correlation between the over - concentration of ABC establishments and police related activity. It should also be noted that the majority of these calls for service occurred between the hours of 6PM and 2AM. Not a very productive use of City, Police or taxpayers resources /money. • The Newport Beach Police Department has also recommended AGAINST the Malarky's expansion to the Planning Department. • The new owner was advised by the old owner that the surrounding community is against ANY expansion of the existing bar. He KNEW what he was buying and bought it anyway. Also the property does NOT need to have more than 3 signs when the rest of the surrounding businesses do not. This would be tacky and create an additional eyesore. • The area does NOT need an additional 100+ intoxicated individuals roaming our neighborhoods at 2AM with the related problems of yelling /screaming, puking, public urination, sex, vandalism, fights, property damage, and drunk - driving etc. Residents are constantly being disturbed, woken -up and having to deal with these alcohol related problems. Intoxicated individuals have even tried breaking into nearby homes. 100 • PUKE, PUKE and MORE PUKE! Often residents get to start their weekends cleaning -up puke, broken bottles, and even condoms on the streets, sidewalks and even their front porches. Bras and panties are also found. • Intoxicated people are constantly running across Newport Blvd and going against the traffic lights especially during the hours of 11 PM -2AM. Individuals have nearly been hit by cars and traffic gets obstructed. Cabs often double- parked and create cab lines that also obstruct traffic. • City staff has also indicated that Malarkey's will need to request a parking waiver to meet the proposed occupancy expansion. This is not acceptable as the area is already significantly under- parked and this provides no benefit to the community. • Malarkey's is NOT a restaurant; it is a BAR! Malarky's hosts events such as the Zombie Pub Crawl featuring cheap drink specials. • The patios of Rudy's bar and the Newport Beach Brewing Company are already too noisy with the related yelling and screaming both during the day and the evening. There is no need to add a patio to Malarky's bar as this will only contribute more noise and problems to the area. There is no logical place to put a patio area on the Malarky's property. All possible locations will have a negative impact on the surrounding community because the excessive sound from the patio will carry throughout the neighborhood. The proposed location is like an enclosed alley and the sound will only echo throughout the area. • The peninsula has the highest incidents of DUls and drunk - driving. PUBLIC SAFETY is a real concern. Deny thus application. Larry Mathena 107 Murillo, Jaime From: Rick & Shelley Clewett (rrciewett @sbcglobal.net) Sent: Sunday, February 27, 20114:08 PM To: Murillo, Jaime Subject: Malarkys Expansion request Jamie Murillo Planning Department, Newport Beach, Ca. Dear Jamie, I understand there is a proposed expansion petition on behalf of a bar called Malarkys scheduled for March P . As a concerned citizen and a Newport Beach Tax payer, I will definitely be attending the hearing. I want to see for myself if anyone on the Planning Commission has any common sense. Don't we already have enough bars in the area of 30'h street, you can't stumble out of one without going into another. For Malarkys to try to expand their bar with the sole purpose of getting more people drunk is absurd. For the Planning Commission's information, there are a lot of us residents that would like to see Newport Beach become more family oriented. Please vote "no" on Malarky's petition to expand their bar area. Thank you for your consideration, Rick and Shelley Clewett Resident of 36'h Street 102 Murillo, Jaime From: JUSTINE HURRY Oustinehurry@yahoo.coml Sent: Monday, February 28, 2011 2:17 AM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: Malarky's Bar I DO NOT support the expansion of Malarkey's bar! We bought a place and business down there so we and our 4 kids could enjoy it. There are so many issues with noice, drur eking people and bar fights where we are now its terrible. Please do not let them add on! Thanks Justine Hurry 1 o9 Murillo, Jaime From: Glenell Parker [glenellp @msn.comj Sent: Monday, February 28, 2011 8:20 AM To: Murillo, Jaime Subject: MSN.com I am the owner of 1221 West Balboa and 1219 West Balboa properties. As a 40 year resident, I want to say I do NOT support the expansion of Malarkys bar. There are too many bars already in Neewport Beach. I have experienced many DUI accidents in front of my property abd do not park on Balboa Blvd, overnight in order to protect my car. I also do not support a parking varience or or the sign policy for Malarkys. Frankk J. Bruder 760/325 -4091 170 Murillo, Jaime From: Sonja Kramer [sonjak20 @gmail.com] Sent: Thursday, March 03, 2011 4:23 PM To: Munllo, Jaime; emcdaniel @sunwestbank.com Subject: Stopping Malarky's Bar from expanding To whom it may concern: My husband, two children, and myself love living in Newport Beach on 30th street, the same street that Malarky's bar is on. We are not in favor of the outdoor patio and of the expansion of the bar for many reasons. Please take the time to consider the residents who have spent millions of dollars on their home before you make this critical decision. Thank you for your time. Sonja Bums 949 -769 -4312 17-1 Burns, Marlene From: Murillo, Jaime Sent: Friday, March 04, 2011 9:15 AM To: Burns, Marlene Subject: FW: Malarky's Bar Expansion Application I received this one late last night. From: marlyne diamond [mailto:marlyned @live.com] Sent: Thursday, March 03, 20117:38 PM To: 'Lori Morris'; 'Earl McDaniel'; 'Susan /Barry Eaton'; 'Michael Toerge'; ameri @rbf.com; 'Robert Hawkins'; cwunsworth @cox.net; bhillgren @highrhodes.com Cc: Kiff, Dave; Rosansky, Steven; Selich, Edward; 'Mike Henn'; Hill, Rush; Gardner, Nancy; Curry, Keith; Daigle, Leslie; Brown, Leilani; Murillo, Jaime Subject: RE: Malarky's Bar Expansion Application I agree with Cindy Kohller and Lori Morris. Please don't approve of the expansion of Malarky's Bar. Marlyne Diamond From: Lori Morris [mailto:lorirmorris @gmail.com] Sent: Thursday, March 03, 20113:29 PM To: Earl McDaniel; Susan /Barry Eaton; Michael Toerge; ameri @rbf.com; Robert Hawkins; cwunsworth @cox.net; bhillgren @highrhodes.com Cc: Dave' 'Kill; parandigm @aol.com; Ed Selich; Mike Henn; rush hill; Nancy Gardner; curryk @pfm.com; lesliejdaigle @aol.com; (brown @city.newport - beach.ca.us; jmurillo @newportbeachca.gov Subject: Malarky's Bar Expansion Application March 3, 2011 Please enter into the public record City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Planning Commission City Clerk City Council Jaime Murillo Reference: Malarky's Application up 2010 -039 Planning Commission, City Council and Staff: I would like to echo Cindy Koller's request to deny the Malarky's Bar expansion application. As a resident of the Peninsula I am appalled that the staff report submitted does not go into greater detail regarding the impacts to residents this expansion would most certainly impose. 272 The Peninsula zone has a far greater burden than any where else in the City of Newport Beach in regard to alcohol establishments. As we have been involved with the (hopefully) better use of the old City Hall site ... it would seem at this point the city staff would look at the entire impact of adding even more space for drinking alcohol in such close proximity to the future use of that site. Residents of the Peninsula should not continue to bear the burden of even ONE MORE bar or expansion and we would expect our city leaders to be looking for ways to mitigate the problems we have now with over crowded bars, not enough parking and the general crime that goes along with that. Our City Council just voted to give our Police Chief and his Dept. more latitude in dealing with the problem we now have with alcohol establishments ... yet City staff seems to be ignoring the letters of request to deny this application written by our very own Police Dept. detectives. I find that troubling and of great concern. As was reported, we had a death recently in our city directly attributed to the intoxication and drowning of a young man who had frequented the very same bars in and around the area in question. I do not wish to use his horrible death to remind our city employees of the dangers that come with being complacent in regards to too many bars in such a dense area and close proximity to a LARGE body of water but it cannot be ignored. PLEASE... residents are looking to you to help end the over saturation of bars and drinking establishments in the Peninsula zone. I am asking you to deny this request and in the future please be mindful of the already established burden that the Peninsula resident must endure. Thank You, Lori Morris West Newport 1�3 Burns, Marlene From: Murillo, Jaime Sent: Wednesday, March 09, 2011 10:06 AM To: Burns, Marlene Subject: FW: stop malarkys From: Dan Ralsky [ mailto:tboneoct @roadrunner.com] Sent: Friday, March 04, 20118:24 PM To: Murillo, Jaime Subject: stop malarkys stop malarkys 174 Burns, Marlene From: Murillo, Jaime Sent: Wednesday, March 09, 2011 10:06 AM To: Burns, Marlene Subject: FW: Marlarky's From: Helen McCleeary [maiito:helenmccleeary@att.netj Sent: Saturday, March 05, 2011 10:49 AM To: Murillo, Jaime Subject: Marlarky's To Jaime Murillo, Associate Planner, I do not wish to see Malarky's Expand, as this will only have a negative impact to our community. Malarky's application should be denied. There are enough "Bar's" in the Newport Beach area as it is. I do not like being disturbed at early hours of the morning with people yelling, arguing, and getting sick on my property!! I have to do the cleaning up and I do not appreciate it. Drunk drivers have been known to have accidents along Balboa Blvd. and cars have been damaged. There doesn't need to be another bar in Newport Beach. Thank you, Helen McCleeary I 1715 170 Attachment No. CC 7 Vista Environmental Noise Analysis 177 172 VISTA ENVIRONMENTAL March 3, 2011 Stephen Sheldon Sheldon Group 901 Dove Street, Suite 140 Newport Beach, CA 92660 SUBJECT: MALARKY'S IRISH PUB NEW OUTDOOR PATIO AREA NOISE ANALYSIS. Dear Mr. Sheldon: This letter analyzes the potential noise impacts to the nearby residences from the Malarky's Irish Pub Remodel, which includes a new 782 square foot outdoor patio area. The proposed outdoor dining area would be located on the north side of the existing structure and would be surrounded by a 4 -foot high stucco wall with a 5 -foot 8 -inch glass wall on top of the stucco wall, for a total wall height of 9 feet 8 inches. The City of Newport Beach has established performance standards identified in Section 10.26.025 of the Municipal Code to control stationary source /non - transportation related noise impacts, which includes noise from outdoor patio areas. For noise impacts onto residential areas, the standards establish maximum allowable exterior noise levels for stationary noise when measured on the property line of any residential property is 55 dBA Lett during the daytime (7 a.m. to 10 p.m.) and 50 dBA Leq during the nighttime (10 p.m. to 7 a.m.). If the ambient noise level exceeds the above standards than the ambient noise level becomes the standard. The location of the nearest residences to the new outdoor patio area are shown in Figure 1. Figure 1 also provides the distances in feet between the residences and the new outdoor patio area as well as the locations of the noise measurements. Table A below provides the results of the noise measurements. Table A Site Receptor Location Duration (min) Leq Lmax A At Proposed Outdoor Patio Area 15 63.5 77.1 B At SE corner of 217 30th Street 15 53.5 70.7 C At rear parking spot of 403 30`" Street 10 59.3 70.3 Notes: Noise measurements taken on March 3, 201 I. Source: Larson -Davis Model 824 Tvne 1 precision sound level meter. Page 1 OF 3 1021 DIDRIKSON WAY LAGUNA BEACH CALIFORNIA 92651 PHONE 949 510 5355 FACSIMILE 949 715 3629 ELECTRONIC GREG q VISTALB.COM 2�q —r rn�$,ar!wvs — ; Arnancan k�smue ofArdrKea4a r � � IylaM $iUt�04d7� � A" ;R Beach 1'BCach�Or �. f.itloi4nim 11 ��' Hoa'tsl° • - ,��`� �- a •• ia� • Florn7sC 791h51 VISTA ENVIRONMENTAL LEGEND A Noise Measurement Location Figure 1 Site Location and Study Area 120 Table A above shows that all noise measurements currently exceed the City's nighttime noise standard of 50 dBA Leq and Sites A and C also exceed the City's daytime noise standard of 55 dBA Leq. In order to determine the noise impacts of the new outdoor patio area a reference noise measurement was taken at the edge of an existing outdoor patio area during lunchtime on a Saturday. The reference noise measurement recorded noise levels of 62.6 dBA Leq and 85.5 dBA Lmax. In order to calculate the noise levels at the nearby residences, a version of the FHWA -RD -77 -108 model was used and was based on a hard site drop -off rate of 6 db per doubling of the reference distance. The results of the calculated noise levels are shown below in Attachment A. Attachment A shows that the noise level will range from 8.5 to 16.8 dBA Leq without construction of the perimeter wall and would be from 0 to 1.9 dB Leq with construction of the wall. Please call me at (949) 510 -5355 if you have any questions related to the above. Sincerely, Greg Tonkovich Senior Analyst Vista Environmental PAGE 3 of 3 VISTA EWIRONMENTAL 1021 DIDRIKSON WAY LAGUNA BEACH CALIFORNIA 92651 PHONE 949 510 5355 FACSIMILE 949 715 3629 ELECTRONIC GREG@VISTALB.COM 121 Stationary Noise Calculations for the Outdoor Patio Area Stationary Reference Receptor Location Distance Leq Lmax Distance Leq Lmax 2 (Line source hard =0, soft=.5, Point source hard =2, soft =2.5) 1217 30th Street 5 II 62.6 85.5 ' 314 8.7 31.6 (eq. N- 2141.2 of TeNS) 40330th Street D -� 62.6 85.5 _ 168 16.8 39.7 MP Marc Avenue _ 5 62.6 SS.S �r- _ _ 318 8.5 31.4 Leq y� a Distance Distance Without With Wall source to Exterior difference line of source to from from Height Wall Noise Noise Level Source Observer Source barrier to (auto) Recptor to source of Wall Level at at Height Height Frequenc receiver - b Noise Source Wall to Wall (feet) Residence Residence (feet) (feet) y (hz) (all) 217 30th Street 309 5 9.5 8.7 -6.2 5 5 700 309.0328 403 30th Street 163 5 9.5 16.8 1.9 5 5 700 163.0621 Marcus Avenue 313 5 9.5 8.5 -6.4 5 5 700 313.0323 Lrnax Distance Distance from Without With Wall Exterior from source Height Wall Noise Noise Level Source Observer Source barrier to Recptor to to Wall of Wall Level at at Height Height Frequenc receiver - b Noise Source Wall (feet) (feet) Residence Residence (feet) (feet) y (hz) (all) 217 30th Street 309 5 9.5 31.6 16.7 5 5 700 309.0328 403 30th Street 163 5 9.5 39.7 24.8 5 5 700 163.0621 Marcus Avenue 313 5 9.5 31A 16.5 5 5 700 313.0323 y� a path source to source to difference line of source to receiver - source to receiver- y =a +b -c sight c Barrier barrier - a c (auto) (slope) fresnel Atten 6.726812 314 1.7596 1 4.37939 - 14.859 6.726812 168 1.7889 1 4.45242 - 14.915 6.726812 318 1.7592 1 4.37835 - 14.859 path source to difference line of source to receiver - y =a +b -c sight Barrier barrier - a c (auto) (slope) fresnel Atten 6.726812 314 1.7596 1 4.37939 - 14.859 6.726812 168 1.7889 1 4.45242 - 14.915 6.726812 318 1.7592 1 4.37835 - 14.859 Attachment No. CC 8 Councilmember Rush Hill's Appeal 133 ig4 Mayor Michael F. Henn Mayor Pro Tem Nancy Gardner Council Members Keith D. Curry Leslie J. Daigle Rush N. Hill, II Steven J. Rosansky Edward D. Selich On March 3, 2011 the owner /operator of Malarky's Irish Pub, 3011 Newport Boulevard, presented a modification request of an existing CUP to the Planning Commission. The modification request was controversial requiring multiple votes by the Commissioners before a third vote passed, four to one. The result of the final Planning Commission determination granted the owner /operator of the property a revised CUP that includes adding a patio to the property as well as other expanded operational opportunities and restrictions. One request, that of allowing occupancy of 166 individuals as determined by the Building Department, was conditioned to reduce the occupancy from 166 to 120 after 11 pm in fear that a higher count of late night restaurant patrons would further aggravate an already contentious night life area in close proximity to residential zoning. I find this condition somewhat confusing in light of the fact the Council has recently passed a Restaurant Operation Permit designed to provide a relatively quick method of addressing negative operational conditions that jeopardize a neighborhood's quality of life. The act of balancing quality of life with providing the opportunity for economically viable business ventures is an important issue we should take time to address. I also believe we need to better understand how and when the newly enacted Restaurant Operation Permit should be applied as a tool to mitigate risk associated with restaurant and bar operations that remain open past 11 PM. I therefore request the March 3, 2011 decision of the Planning Commission related to Malarky's CUP as currently granted by the Planning Commission be called -up before the City- Coupe"or-furth,er discussion and consideratiobr \ C� A plyryl pf/�� � III/I�. Office of City C*k` City Of NewporP$ each w March 17. 2011 cc: Mayor Michael Henn Dave Kiff, City Manager Joel Fick, Community Development Jim Campbell, Planning City Hall • 3300 Newport Boulevard ® Post Office Box 1768 Newport Beach, California 92658 -8915 m www.newportbeachca.gov rn_ m Q 125 120 Attachment No. CC 9 March 2, 2011 Police Department Memorandum 127 122 City of Newport Beach Police Department March 2, 2011 TO: Jaime Murillo, Associate Planner FROM: Detective Bryan Moore SUBJECT: Malarky's Irish Pub, 3011 Newport Boulevard, Use Permit No. 2010 -039, (PA2010 -172). The purpose of this memo is to provide additional information to the Planning Department regarding the project application for Malarky's Irish Pub, located at 3011 Newport Boulevard, Newport Beach. It is important to note that Malarky's Irish Pub is a unique location for several reasons: (1) it is located on a busy boulevard in close proximity to residential neighborhoods (2) it is located in reporting district 15 which is the most concentrated area for retail alcohol establishments in the Newport Beach, (3) It has been, and will continue to be, a late night drinking establishment that operates at or near full capacity on the weekends, and (4) it is in close proximity to other late night drinking establishments such as Rudy's and Newport Brewing Company. The Police Department's primary concern with the interior expansion of Malarky's is the significant increase in occupancy (75 interior, 49 patio) should this application be approved. The applicant may have the best intentions, however, the Police Department knows from experience that when Malarky's closes at 2 a.m., numerous intoxicated individuals leave and create subsequent problems for police and neighborhood residents alike. This is in addition to the patrons that are already leaving neighboring bars such as Rudy's and Newport Brewing Company. It is our belief that an increase in occupancy, for Malarky's, will have additional negative impacts on the surrounding neighborhood and will be a further drain on police services. It should also be noted that while the Operator's License may be an effective tool in many situations, we do not believe it can properly manage the effects of a significant increase in occupancy. Even if the applicant followed all of the conditions of the license, it would not properly address the influx of patrons onto a busy boulevard and ultimately into the neighboring residential areas. 1 eq Malarky's UP No. 2010 -039 The Police Department continues to recommend against the proposed interior expansion based on the prediction that it will result in an increase in police related activities and calls for police services. The resources required to address these events would detract from our ability to provide police services to the other areas of the Community If you have any questions, please contact me at (949) 644 -3725. Detective Bryan Moore ABC LiaisonNice /Intelligence Craig Fox, Captain Detective Division Commander 2 �9 � CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 15 April 26, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Dana Smith, Assistant City Manager 949 - 644 -3002, dsmith @newportbeachca.gov PREPARED BY: Jaime Murillo, Associate Planner APPROVED: GL TITLE: Malarky's Irish Pub Appeal - (PA2010 -172) 3011 Newport Boulevard IT�3�:7�•�il An appeal of the Planning Commission's approval of Conditional Use Permit No. UP2010- 039 and Comprehensive Sign Program No. CS2011 -002 authorizing the expansion and remodel of an existing eating and drinking establishment with late hours and allowing the use of off -site parking. RECOMMENDATION 1. Conduct a public hearing; and 2. Uphold the decision of the Planning Commission and adopt Resolution No. _ approving Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -003, subject to findings and conditions included within the draft resolution (Attachment No. CC 1). FUNDING REQUIREMENTS There is no fiscal impact related to this item 7 2 VICINITY MAP Existing Off -Site Parking & Easement Area Existing Off -Site Parking' OEM Proposed Off -Site Parking I r , i qby'-W 4 E .o, 3011 Newport Boulevard April 26, 2011 Page 2 S §± Rudy's Pub & Grill J� Subject Property a" -Q �== x t s.., New Beach w 1 Brewing Company LOCATION GENERAL PLAN b b' b , 21 A Neighborhood Commercial ON -SITE VA 1T­T I Commercial CN Neighborhood CN NORTH CN LOCATION GENERAL PLAN ZONING CURRENT USE Neighborhood Commercial ON -SITE Malarky's Irish Pub Commercial CN Neighborhood CN NORTH CN CN =1 Shopping center SOUTH Public Facilities PF Public Facilities PF 35 —space municipal parking lot EAST Visitor Serving Commercial Visitor - Restaurant and office Commercial CV Serving CV and Two Unit CV and Two Unit Shopping center and residential WEST Residential RT Residential R -2 be and 3 11 3011 Newport Boulevard April 26, 2011 Page 3 Project Setting The subject property is located on the northwest corner of the intersection of Newport Boulevard and 30th Street on the Balboa Peninsula. The site is presently developed with an eating and drinking establishment. Surrounding land uses include The Landing shopping center to the north and west, Mama D's restaurant and an office building to the east across Newport Boulevard, and a 35 -space municipal parking lot to the south. Beyond the loading dock of the shopping center to the west are several single -unit and two -unit residential dwellings on 30th Street. The property is also located in close proximity to two other eating and drinking establishments, Rudy's Pub & Grill and the Newport Beach Brewing Company, that also maintain late hour operations. Proiect Description The following is a summary of the proposed project: 1. Remodel- The applicant is proposing to remodel the existing floor plan to include a new dining room, enlarged restrooms that are handicapped accessible, a new waiter service station, and a reduction of office space and food storage area to more efficiently utilize the floor area within the existing 4,966- square -foot building. As required by Building Code, the remodel will include the installation of fire sprinklers and a grease interceptor. 2. Outdoor Dining Patio— A new 782 - square -foot outdoor dining patio is proposed to be constructed on the north side of the building. The maximum occupant load of the patio would be 49 persons. A 9- foot -8- inch -high glass barrier will be used to surround the patio and will provide for sound - attenuation from the vehicular noise from Newport Boulevard and will also help retain noise generated by patrons within the patio. 3. Interior Dining Room Expansion- To allow for increased food service, the proposal would add approximately 565 square feet of sit -down dining area. The total interior Net Public Area (NPA)t of the facility will increase from 1,150 square feet to 1,715 square feet. The dining area will consist of three new booths and approximately 11 new tables, for a total of four booths and 14 tables. Based on the proposed floor plan, the Building Division has calculated the maximum interior occupant load to be 166 persons. The total NPA of the establishment, including the interior dining room expansion and outdoor dining patio will be 2,497 square feet. ' Area, Net Public. The total area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. J5 3011 Newport Boulevard April 26, 2011 Page 4 4. Fagade & Signage Improvements - The applicant is proposing an architectural theme of a traditional Irish Pub. The proposal includes removing the changeable sign marquee and painted signs, adding new foam cornices, decorative metal trim and an antique clock, new signage, new awnings, and a new entry canopy. A total of five wall signs, eight awning signs, and one projecting sign are proposed. Approval of a comprehensive sign program is required whenever 3 or more signs are proposed for a single- tenant building. 5. Operation Characteristics - No changes to the existing hours of operation are proposed (7:00 a.m. to 2:00 a.m., daily). During the day, the applicant intends to promote food service and operate as a restaurant. In the late evening, the applicant intends to conclude food service and continue operating primarily as a bar. To address the increased parking demands of the establishment when operating as a bar and to minimize impacts to the residential uses in the vicinity, the applicant is proposing to close the outdoor dining patio at 11:00 p.m. No live entertainment or dancing is proposed, however, amplified music will be provided through a digital music jukebox. Also, a total of five televisions are proposed within the outdoor dining patio. 6. Parking — The applicant has recently constructed a 22 -space parking lot expansion on a separate parcel that abuts the property where the building is located. The lot is owned by the same property owner; however, because the property owner has not merged the parcels into one lot, the approval of off -site parking is required to formally utilize the new parking lot. A total of 47 parking spaces will be available for the use of the establishment, which equals the minimum parking requirement of the Zoning Code. Proposed plans are included as Attachment No. CC 2. Please refer to the attached March 3, 2011, Planning Commission staff report for a detailed analysis of the proposed project and requested approvals (Attachment No. CC 3). Planning Commission Hearing and Action On March 3, 2011, the Planning Commission reviewed the proposed project. The Planning Commission received extensive testimony from the public and the Police Department. A total of 19 members of the public spoke in support of the project. Eight residents spoke in opposition. The Planning Commission minutes are attached as Attachment No. CC 4. Several written letters of support and opposition were submitted to the Planning Commission for their review and consideration. A total of 26 letters in support were submitted and are attached as Attachment No. CC 5. A total of 35 letters in opposition were submitted and are attached as Attachment No. CC 6. In addition, the applicant submitted a petition with a total of 102 signatures in support of the project (not included due to bulk). 0 3011 Newport Boulevard April 26, 2011 Page 5 The Planning Commission generally supported the project and recognized the following community benefits that would result from the proposed project: The recent parking lot improvements and proposed fagade improvements will have a positive impact on the overall aesthetics of the area and could promote further revitalization of the other commercial properties located along Newport Boulevard. The proposed renovations of the restrooms and increased dining opportunities have the potential to help transform the existing bar to a successful restaurant during the day. The expansion also triggers the need to install fire sprinklers and a grease interceptor, which will provide enhanced safety and improve the City's waste water system. G Adequate parking is provided for the operation at all times of the day, with a surplus provided during late -hours when the patio closes at 11:00 p.m. Although the outdoor dining patio is proposed to operate until 11:00 p.m., the location and design of the patio should buffer the nearby residential uses from potential noise disturbances. The applicant's noise consultant also submitted a noise study (Attachment No. CC 7) concluding that anticipated noise impacts emanating from the proposed outdoor dining patio to the nearest residential uses would be negligible due to the distance and the height of the proposed perimeter wall. The Planning Commission approved the applicant's request related to the comprehensive sign program and the off -site parking. Members of the Planning Commission expressed concerns with the increased interior occupancy during late hours based on the Police Department testimony and community concerns. Ultimately, the Planning Commission voted 4 to 1 to approve the project as proposed, but with conditions (Condition No. 10) requiring that the interior occupant load of the establishment be reduced from 166 persons to a maximum of 120 persons after 11:00 p.m., daily, and that the project return to the Planning Commission for a one -year review (Condition No. 9). Appeal On March 17, 2011, Councilmember Hill appealed the Planning Commission's decision (Attachment No. CC 8). The appeal letter states that "the act of balancing quality of life with providing the opportunity for economically viable business ventures is an important issue that [the Council] should take time to address'. The appeal raises the following two issues as items that need further discussion and consideration by the City Council: 1. Clarification on the need for Condition No. 10, despite the fact that the operator is subject to the recently adopted Operator License Ordinance (NBMC Chapter 3011 Newport Boulevard April 26, 2011 Page 6 5.35) that was designed to provide a relatively quick method of addressing negative conditions that jeopardize a neighborhood's quality of life. 2. Discussion of how and when the newly enacted Operator License should be applied as a tool to mitigate risk associated with restaurant and bar operations that remain open past 11:00 p.m. Pursuant to Section 20.64.030.0 of the Zoning Code, a public hearing on an appeal is conducted "de novo ", meaning that it is a new hearing and the prior decision to approve the application by the Planning Commission have no force or effect. The City Council is also not bound by the Planning Commission's prior decision and it is not limited to the issues raised by Council Member Hill in the appeal. Increased Occupancy Concerns (Condition No. 10) The Planning Commission's decision to add Condition No. 10 was influenced by the Police -Department's testimony and memorandum (Attachment No. CC 9) expressing their concern with the proposed interior expansion and particularly the secondary effects that occur when patrons leave the establishment at the close of business. The memorandum indicates that intoxicated individuals currently leave the establishment during late hours in numbers large enough to create problems for police and the neighborhood residents. But of greater concern is that fact that these problems are compounded with patrons leaving Rudy's Pub & Grill and the Newport Beach Brewing Company, which are nearby and have similar late hours of operation. The Police Department currently experiences a significant demand for law enforcement services in this immediate area between the hours of 1:00 a.m. and 3:00 a.m. on Saturdays and Sundays. These demands for law enforcement services are caused by large numbers of patrons illegally crossing Newport Boulevard and stopping traffic, taxi cabs blocking traffic on Newport Boulevard, patrons loitering in the streets and sidewalks on Newport Boulevard and within the neighboring residential areas. Even with the requirement to secure an operator license, many of these secondary effects cannot be prevented as they are outside the control of the operator of the establishment. The memorandum concludes that the proposed increase in occupancy is expected to exacerbate the existing late hour disturbances that occur in this area, that there will be additional negative impacts on the surrounding neighborhood, and will also be a further drain on police services. The Planning Commission recognized the various benefits that the project would afford, but given the Police Department and community concerns with the applicant's proposed 82- percent increase in occupancy, they imposed Condition No. 10 restricting the interior occupant load to 120 persons based on the fact that this would only increase the occupancy by one third and that the increase would be more manageable for the Police Department. To assist the City Council in further evaluating the potential impacts of the proposed project, staff has prepared the following table comparing the proposed hours of IN 3011 Newport Boulevard April 26, 2011 Page 7 operation, net public area, and occupancy limits of Malarky's Irish Pub with those of Rudy's Pub & Grill and the Newport Beach Brewing Company: Tabled -,Comparison-of Nei b-bring Establishments with Late Hours. F — Hoursof`O eration NdttPublic.Area I Occu' anc ; Limits lntenore -,,Outdoor Patio j f 'Interior ! Outdoor f :Interior Outdoor Fatio. Rudy 's Pub 6 a.m. to 2 a.m., 6 a.m. to 1 a.m., 1,349 sf 310 sf 151 21 & Grill daily daily persons persons Newport 6 a.m. to 11 p.m., 6 a.m. to 11 p.m., 1,900 sf 632 sf 160 56 Beach Sun. - Thurs. Sun. - Thurs. persons persons Brewing Company 6 a.m. to 1 a.m., 6 a.m. to 1 a.m., Fri. & Sat. Fri. & Sat. Malarky's 7 a.m. to 2 a.m., N/A 1,150 sf N/A 91 N/A Irish Pub daily persons (Existing) Malarky's 7 a.m. to 2 a.m., 7 a.m. to 11 p.m., 1,715 sf 782 sf 166 49 Irish Pub daily daily persons persons Pro osed The table above illustrates that between the hours of 1:00 a.m. and 2:00 a.m. on weekends, there is currently the potential for a total of 494 patrons exiting these establishments onto Newport Boulevard. The proposed interior expansion of Malarky's Irish Pub could result in an increase of 75 more patrons during these hours, resulting in a total of 569 patrons (15- percent increase). With the condition imposed by the Planning Commission limiting the interior occupancy during late hours, the proposed interior expansion would only result in an increase of 29 more patrons during these hours, resulting in a total of 523 patrons (6- percent increase). Operator License For reasons according to the Police Department, the Operator License may not be effective in this instance to manage the cumulative impacts that the increased occupancy may have to the neighborhood. Quite simply, it is difficult to hold an operator accountable for the actions of patrons once they have left the establishment and for other external factors that contribute to the neighborhood environment. However, staff believes that the Operator License would be an effective tool for managing a variety of other potential disturbances associated with the establishment that are directly under the control of the operator. For example, the following operations of the establishment can effectively be regulated and controlled through an Operator License: Type of Use- Should the operator abuse the conditional use permit and operate an establishment inconsistent with the type of operation originally approved, the Police Department can immediately suspend or revoke the Operator License for non - compliance with the conditions of the license and conditional use permit. In 0 3011 Newport Boulevard April 26, 2011 Page 8 the case of Malarky's, this would be applicable if it was operated as a nightclub or lounge with provisions for dancing and /or live entertainment. • Alcoholic Beverage Service- If it can be proven that the operator is serving over - intoxicated patrons, the Police Department may suspend, modify, or revoke the license. A substantial number of arrests of over - intoxicated patrons, directly attributable to the establishment, would cause the Police Department to investigate and make this case. • Overcrowding and Security- The operator will be required to maintain and operate under a comprehensive security plan. Procedures within the plan may be modified by the Police Department should there be a need to address any particular concerns in the future. • Noise- Additional security or crowd management would be required to ensure that patrons do not loiter within the parking lot after the close of business. Also, should noise emanating from the outdoor dining patio become a problem, the license can prohibit sound amplification and /or the ability to use televisions. • Taxi Parking- To discourage taxi cabs illegally stopping and blocking traffic on Newport Boulevard, the Operator License can require several of the surplus parking spaces be reserved for taxi cabs during late hours to encourage taxi -cab drivers to pick up patrons on -site. Alternatives The City Council may revise conditions of approval or deny the application altogether ENVIRONMENTAL REVIEW Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. This exemption authorizes additions to existing structures of up to 10,000 square feet. The proposed project consists of a 565- square -foot interior dining room expansion and the construction of a new 782- square -foot outdoor dining patio, and therefore, qualifies under this exemption. NOTICING: Notice of this hearing was published in the Daily Pilot, mailed to all property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 10 Submitted by: n�W Dana Smith 4& Assistant City Manager Attachments: CC 1 CC 2 CC 3 CC 4 CC 5 CC 6 CC 7 CC 8 CC 9 3011 Newport Boulevard April 26, 2011 Page 9 Draft Resolution Project Plans March 3, 2011 Planning Commission Staff Report March 3, 2011 Planning Commission Minutes Letters in Support Letters in Opposition Vista Environmental Noise Analysis Council Member Hill's Appeal Request March 2, 2011 Police Department Memorandum 1 1 12 Agenda Item No. 15 May 24, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Dana Smith, Assistant City Manager 949 - 644 -3002, dsmith @newportbeachca.gov PREPARED BY: Jaime Murillo, Associate Planner APPROVED: C_ l v V TITLE: Malarky's Irish Pub Appeal - (PA2010 -172) 3011 Newport Boulevard ABSTRACT An appeal of the Planning Commission's approval of Conditional Use Permit No. UP2010- 039 and Comprehensive Sign Program No. CS2011 -002 authorizing the expansion and remodel of an existing eating and drinking establishment with late hours and allowing the use of off -site parking. This item was continued from the May 10, 2011, City Council meeting. RECOMMENDATION 1. Conduct public hearing; and 2. Modify the decision of the Planning Commission and adopt Resolution No. _ approving Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -003, subject to findings and conditions included within the draft resolution (Attachment No. CC 1). April 26, 2011 City Council Hearing On April 26, 2011, the City Council reviewed the proposed project and received extensive testimony from the public. A total of 18 members of the public spoke in support of the project. Seven residents spoke in opposition. The City Council generally supported the project as conditionally approved by the Planning Commission, with the exception of Condition No. 10. The City Council believed that Condition No. 10, which requires the interior occupancy to be reduced from 166 persons to 120 persons between the hours of 11:00 p.m. and 2:00 a.m., would be difficult to implement and enforce. 1 3011 Newport Boulevard May 24, 2011 Page 2 There was a general consensus that the applicant should be allowed to improve the business and make a reasonable return on his investment. The City Council believed that with the requirement to secure an operator license pursuant to Chapter 5.25 of the Municipal Code provided the City with the ability to effectively regulate the establishment should problems occur in the future. However, to address the concerns that the increased occupancy during late hours may potentially create a detriment to the neighborhood, Councilmember Henn made a motion to approve the project as proposed, with the following modifications: Deleted Condition No. 10 requiring the interior occupancy to be reduced to 120 persons between the hours of 11:00 p.m. and 2:00 a.m. O Added a new condition prohibiting the operator from allowing any entry or re- entry of patrons into the establishment after midnight (New Condition No. 10). Modified Conditions No. 4 and 5 to require full meal service to be provided until midnight. The City Council conducted a straw vote on the motion, which revealed support of the motion from a majority the City Council. In order to allow the applicant time to consider the proposed action and an opportunity to present an alternative proposal that could potentially address the Council's concern, the City Council continued the public hearing to the May 10, 2011, meeting. May 10, 2011 City Council Hearing The applicant was not prepared to present an alternative proposal or accept the motion from the Council and, therefore, the applicant requested another 2 week continuance to this meeting date. Revised Resolution As of the writing of this report, the applicant has not provided any new information or alternative proposals. It is anticipated that the applicant will present an alternative at the time of the hearing; however, should the applicant submit a proposal, staff will transmit it to the City Council and make it available to the public. The attached draft resolution incorporates the changes included in Councilmember Henn's motion. In addition, staff has included Conditions No. 11 and 12 to ensure that the floor plan and occupancy remains substantially the same as that currently proposed. Condition No. 11- Sets the maximum square feet of net public• area allowed within the interior of the establishment to 1,715 sq. ft. and on the outdoor dining patio to 782 sq. ft, as proposed. Application of this condition will ensure that any increase in net public area will require an amendment of this conditional use permit. 2 3011 Newport Boulevard May 24, 2011 Page 3 Condition No. 12- Sets the maximum interior occupant load of the interior of the establishment to 166 persons. Application of this condition will ensure that in the future, the expanded dining room area is not reconfigured for bar seating or standing room, resulting in an increase in occupancy. Submitted by: 004e2��- �� — 44LZ- Dana Smith Assistant City Manager Attachments: CC 1 Draft Resolution KI 11 Attachment No. CC 1 Draft Resolution 5 NO RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2010 -013 AND COMPREHENSIVE SIGN PROGRAM NO. CS2011 -002 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 3011 NEWPORT BOULEVARD (PA2010 -172) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Malarky's Irish Pub Inc., with respect to property located at 3011 Newport Boulevard, Assessor Parcel Number's 047 - 060 -01, 047 - 060 -06, and 047- 060-10, requesting approval of a conditional use permit and a comprehensive sign program in accordance with Sections 20.40.100, 20.42.120, and 20.52.020.F of the Newport Beach Municipal Code. 2. The applicant filed an application for a conditional use permit request to expand an existing eating and drinking establishment and to allow for the use of off -site parking. The expansion includes remodeling the interior of the facility to create approximately 565 square feet of new dining area and the construction of an approximately 782 - square -foot outdoor dining patio. The application also includes a request for a comprehensive sign program to allow more than three signs on a single- tenant building. 3. The subject property is located within the Commercial Neighborhood (CN) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN). 5. A public hearing was held by the Planning Commission on March 3, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. At the March 3, 2011, Planning Commission hearing, the Planning Commission voted 4 to 1 to approve the project as proposed, but with additional conditions that the interior occupancy be restricted to 120 persons during late hours and that the project return to the Planning Commission for a one -year review. 7. On March 17, 2011, the Planning Commission's decision to approve Conditional Use Permit No. UP2010 -013 and Comprehensive Sign Program No. 2010 -002 was appealed by City Councilmember Rush Hill. The appeal was filed to discuss and review the need to reduce the interior occupant load of the establishment during late hour operations in light I City Council Resolution No. _ Paqe 2 of 20 of the requirement of the operator to obtain an Operator License pursuant to NBMC Chapter 5.25. 8. A public hearing was held by the City Council on April 26, 2011 and May 24, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 9. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. This exemption authorizes additions to existing structures of up to 10,000 square feet. The proposed project consists of a 565- square -foot interior dining room expansion and the construction of a new 782 - square -foot outdoor dining patio, and therefore, qualifies under this exemption. SECTION 3. REQUIRED FINDINGS. 1. Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign Program is required whenever 3 or more signs are proposed for a single- tenant development. In accordance with Section 20.67.120.E, a Comprehensive Sign Program shall comply with a number of standards. The following standards and facts in support of such standards are set forth: Standard: A. The proposed sign program shall comply with the purpose and intent of this Chapter [Chapter 20.42: Signs], any adopted sign design guidelines and the overall purpose and intent of this Section [Section 20.42.120]. Facts in Support of Standard: A -1. In compliance with the purpose and intent of the Sign Code, the proposed Comprehensive Sign Program provides the use with adequate identification without excessive proliferation of signage. Furthermore, the Comprehensive Sign Program preserves community appearance by regulating the type, number, and design of signage. Tmplt: 04 /14/10 8 City Council Resolution No. _ Paqe 3 of 20 Standard: B. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and /or developments they identify, and to surrounding development when applicable. Facts in Support of Standard: B -1. The site is for use of a single tenant only, and the signage has been designed integral with the design and character of the building. B -2. The applicant is proposing to renovate the exterior appearance of the building in the architectural theme of a traditional Irish pub. B -3. The existing tower element divides the primary frontage of the building requiring signage to be broken up into three separate wall signs. The remaining awning signs and projecting sign are minor and incidental to the primary wall signs. The north and south elevations and considered secondary frontages and consist of only one wall sign and two incidental awning signs. Standard: C. The sign program shall address all signs, including permanent, temporary, and exempt signs. Facts in Support of Standard: C -1. The Sign Program submitted for the project addresses all project signage. Temporary and exempt signs not specifically addressed in the Program shall be regulated by the provisions of Chapter 20.42. Standard: D. The sign program shall accommodate future revisions that may be required because of changes in use or tenants. Facts in Support of Standard: D -1. The project site is for the sole use of Malarky's Irish Pub and has been designed to be effective for such a use. D -2. It is not anticipated that future revisions will be necessary to accommodate constant changes in tenants or uses. However, flexibility has been incorporated into the Sign Program Matrix to allow minor deviations from the proposed plans. Tmplt: 04 /14/10 9 City Council Resolution No. _ Paqe 4 of 20 D -3. Consistent with Chapter 20.42, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. Standard: E. The program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and /or height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter. Facts in Support of Standard: E -1. The Sign Program requests deviation in number of signs and location. E -2. The sign code normally allows one wall sign up to 75 square feet in area on the primary frontage; however, due to the existing tower element on the building that divides the front facade, one large wall sign cannot be achieved. E -3. Breaking up the signage into three separate smaller wall signs allows for a more aesthetically pleasing orientation of signage and achieves the applicant's design theme of a traditional Irish pub. E-4. The projecting sign and awning signs are minor and incidental the main wall signage. Also, given the orientation of the building, staff believes the deviations in the wall signs separation and centering are merited to allow the applicant more effective sign placement. E -5. Allowing the signs on the secondary frontages to be located towards the front corner of the building allows for increased sign visibility for motorists driving along Newport Boulevard. Standard: F. The Approval of a Comprehensive Sign Program shall not authorize the use of signs prohibited by this Chapter. Facts in Support of Standard: F -1. The program does not authorize the use of prohibited signs. Standard: G. Review and approval of a Comprehensive Sign Program shall not consider the signs' proposed message content. Tmplt: 04 /14/10 10 City Council Resolution No. _ Paqe 5 of 20 Facts in Support of Standard: G -1. The program contains no regulations affecting sign message or content. 2. Pursuant to Section 20.40.100 of the Zoning Code, off - street parking on a separate lot from the project site requires the approval of a conditional use permit. In addition to the standard conditional use permit findings, approval of off -site parking is subject to specific findings. The following findings and facts in support of such findings are set forth: Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: A -1. The proposed off -site parking lot is located immediately adjacent to the subject property. A -2. The proposed off -site parking lot has been designed as an extension of the existing parking lot for the establishment. Finding: B. On- street parking is not being counted towards meeting parking requirements. Facts in Support of Finding: B -1. The required 47 parking spaces are provided entirely within the parking lot. Finding: C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: C -1. The Traffic Engineer has reviewed and approved the configuration of the new parking lot extension and proposed changes to the existing parking lot, and has determined that the parking lot design will not create an undue traffic hazard in the surrounding area. C -2. The northerly driveway will be modified for one -way ingress and the southerly driveway will provided for both ingress and egress circulation. Tmplt: 04 /14/10 2� City Council Resolution No. _ Paqe 6 of 20 Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: D -1. The applicant has entered into a 10 -year lease, with an option to renew for an additional 5 years, for use of the three parcels and 20- foot -wide easement. D -2. The William J. Cagney Trust owns the subject building and associated off -site parking lots, and has entered into a long -term lease with the applicant; therefore, the parking facility will remain available, marked, and maintained for the use of the subject establishment. D -3. As a condition of approval, the required 47 spaces are to be permanently provided on -site or within the adjoining off -site lots. 3. Pursuant to Section 20.20.020 of the Zoning Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the Commercial Neighborhood Zoning District. In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: A -1. The operation of a Food Service, Late Hours use, with alcoholic beverages, is consistent with the purpose and intent of the Neighborhood Commercial (CN) land use designation of the General Plan. A -2. The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented primarily to serve the needs and maintain compatibility with the residential uses in the area. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Tmplt: 04 /14/10 12 City Council Resolution No. _ Paqe 7 of 20 Facts in Support of Finding: B -1. Eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the CN district. B -2. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments and solid waste storage, including the installation of a grease interceptor. B -3. Pursuant to Chapter 5.25, the project has been conditioned requiring the operator of the establishment to secure an Operator License from the Police Department to maintain operating hours beyond 11:00 p.m. B -4. The applicant will be required to enter into a parking agreement for the use of off -site parking, which guarantees the long term availability of the parking facilities and shall be recorded with the County Recorder's Office. Finding: C. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. C -2. Adequate parking will be provided for the proposed operation at all times of the day, with a surplus of parking provided during late hours. C -3. No live entertainment or dancing is proposed; however, amplified music through the use of a jukebox will be used. A condition of approval has been included requiring the exterior doors and windows to be maintained in the closed position at all times, except for the ingress and egress of patrons. C-4. Significant noise impacts from the proposed outdoor dining patio are not anticipated given its location on the north side of the building, its distance of approximately 300 feet from the nearest residential dwelling, and the shielding by the existing shopping center building. The outdoor dining patio is also surrounded by a 9- foot -8- inch -high glass barrier that should help attenuate sound and will be completely closed by 11:00 p.m. C -5. No new lighting is proposed with the exception of illumination for the new signage and the outdoor patio. Existing exterior lighting exists only to illuminate the parking lot. Tmplt: 04 /14/10 13 City Council Resolution No. _ Paqe 8 of 20 C -6. The trash enclosure is not currently provided on -site; however, the applicant is proposing to construct a new enclosure in the northwest corner of the parking lot. The design and area of the enclosure is proposed to comply with the design requirements of the Zoning Code. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The Traffic Engineer and Fire Department have reviewed the configuration of the new parking lot extension and proposed changes to the existing parking lot, and have determined that the parking lot design will function safely and will not prevent emergency vehicle access to the establishment. D -2. The applicant is proposing to install fire sprinklers and a grease interceptor for the establishment. D -3. The site is currently served by public services and utilities. D-4. The area of the site, including the off -site parking lots, is approximately 22,680 square feet and adequate in size to accommodate the subject establishment and all required parking. D -5. The site is located at the northwest corner of Newport Boulevard and 30th Street, with the building fronting onto Newport Boulevard. This is an appropriate location for an eating and drinking establishment and is compatible with other commercial uses fronting Newport Boulevard. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1. The nearest residential uses are located to the west on 30th Street, across from the loading dock of the adjacent shopping center. The nearest dwelling is located approximately 130 feet from the closest extent of the new parking lot boundaries and approximately 220 feet from the building itself. The adjacent shopping center building and an 8- foot -high block wall provides a screening and Tmplt: 04 /14/10 14 City Council Resolution No. _ Paqe 9 of 20 noise buffer from the project site. The applicant has also planted a row of bamboo trees along the block wall to help visually screen the establishment. E -2. The parking lots improvements and proposed facade improvements will have a positive impact on the overall aesthetics and economic health of the community, and may promote further revitalization of the other commercial properties located along Newport Boulevard. E -3. Increased pedestrian and vehicular activity is expected during late and early morning hours as a result of the increased occupancy; however the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain of late - hour operations if objectionable conditions occur. E -4. To limit potential increases in late -hour disturbances that the expanded establishment could create through increased occupancy and to limit the number of patrons that exit the establishment at closing, the project has been conditioned to prohibit the operator from allowing any admittance of patrons after midnight. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -002, subject to the conditions set forth in Exhibit A and the Sign Program Matrix included in Exhibit B, which is attached hereto and incorporated by reference. 2. This resolution supersedes Use Permit No. 1792 and Use Permit No. 1792 (amended), which upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, shall become null and void. 3. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 24th day of May, 2011, by the following vote, to wit: Tmplt: 04 /14/10 ZJ� City Council Resolution No. _ Paqe 10 of 20 AYES, COUNCILMEMBERS NOES, COUNCILMEMBE ABSENT COUNCILMEMBERS MAYOR CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach Tmplt: 04 /14/10 10 City Council Resolution No. _ Paqe 11 of 20 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved plans, Comprehensive Sign Program Matrix attached as Exhibit B, and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 3. Conditional Use Permit No. UP2010 -039 and Comprehensive Development Plan No. CS2011 -002 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. The approval is only for an eating and drinking establishment defined as Food Service, Late Hours as defined by Title 20 of the Municipal Code; however, the establishment may operate with the principal purpose of the sale and service of alcoholic beverages with incidental food service after midnight. 5. Full meal service shall be provided during all hours of operation, except after midnight. 6. The hours of operations shall be limited to between 7:00 a.m. and 11:00 p.m., daily, unless the operator of the establishment secures and maintains an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 2:00 a.m. 7. The outdoor dining patio shall be closed no later than 11:00 p.m., daily. 8. The Operator License required to be obtained pursuant to Condition No. 6 and Chapter 5.25 of the Municipal Code, may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment. 9. The operation of the establishment shall be reviewed by the Planning Commission one year from the date the certificate of occupancy is issued for the interior expansion to ensure the increased occupancy has not resulted in detrimental impacts. The Community Development Director may initiate a review earlier than one year if detrimental impacts are identified. 10. The operator shall not allow the entry or re -entry of patrons into the establishment after the hours of midnight. Tmplt: 04 /14/10 27 City Council Resolution No. _ Paqe 12 of 20 11. The interior net public area of the establishment shall be limited to a maximum of 1,715 square feet. The net public area of the outdoor dining patio shall be limited to a maximum of 782 square feet. 12. The maximum interior occupant load of the establishment shall be calculated by the City Building Division; however, in no case shall the maximum occupant load exceed 166 persons. 13. Upon vesting of the rights authorized by this Conditional Use Permit No. UP2010 -039, all previous rights authorized under Use Permit No. 1792 shall terminate. The following conditions of approval shall supersede the conditions of approval included in Use Permit No. 1792 and Use Permit No. 1792 (amended). 14. The material and color of any awning or umbrella located on the outdoor dining patio shall be subject to review and approval by the Planning Division. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor dining patio. The outdoor dining patio, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 17. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 18. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 19. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 20. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 21. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the Tmplt: 04 /14/10 z8 City Council Resolution No. _ Paqe 13 of 20 current business owner, property owner or the leasing agent. 22. Prior to issuance of buildinq permits, approval from the California Coastal Commission shall be required, unless the development proposed is exempt from permit requirements. 23. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 24. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 25. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 27. No outside paging system shall be utilized in conjunction with this establishment. 28. Recorded music or other types of sound amplification within the outdoor patio area shall only be audible to the audience within the patio area. 29. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. Tmplt: 04 /14/10 19 Between the hours of TOOAM and 10:OOPM Between the hours of 10:00PM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 6OdBA 45dBA 5OdBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 27. No outside paging system shall be utilized in conjunction with this establishment. 28. Recorded music or other types of sound amplification within the outdoor patio area shall only be audible to the audience within the patio area. 29. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. Tmplt: 04 /14/10 19 City Council Resolution No. _ Paqe 14 of 20 30. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 31. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate), except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 32. A new trash enclosure shall be constructed in the location illustrated on the approved plans. The trash enclosure shall comply with the development and location standards contained in Section 20.30.120 of the Zoning Code. 33. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment; however, not located on or within any public property or right -of- way. 34. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 35. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 36. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 37. The exterior of the premises, including signs and accessory structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 38. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter Tmplt: 04 /14/10 20 City Council Resolution No. _ Paqe 15 of 20 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 39. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Division and Public Works Department in conjunction with the approval of an alternate drainage plan. 40. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 41. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited in unless there is an emergency. 42. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. 43. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited 44. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 45. There shall be no on -site radio, televisions, video, film or electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 46. All employees are required to park on -site. 47. A total 47 parking spaces shall be provided on -site or on the adjoining off -site locations. 48. Prior to final of the building permits, a parking agreement, which guarantees the long term availability of the off -site parking facilities for the use of the subject establishment, shall be recorded with the County Recorder's Office. The agreement shall be in a form approved by the City Attorney and the Community Development Director. Tmplt: 04 /14/10 22 City Council Resolution No. _ Paqe 16 of 20 49. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 50. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 51. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 52. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 53. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 54. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 55. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Division on demand. 56. Live entertainment and dancing shall be prohibited as a part of the regular operation, unless an amendment to this conditional use permit or other required application is first approved in accordance with the provisions of the Municipal Code. 57. The establishment shall provide licensed security personnel. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations mode by the Police Department shall be implemented and adhered to for the life of the conditional use permit. Tmplt: 04 /14/10 22 City Council Resolution No. _ Paqe 17 of 20 58. The applicant shall provide security personnel within the parking lot in the evenings between 11:00 p.m. and 15 minutes after closing, in sufficient number, to advise and assist patrons entering and leaving the area in a quiet manner, and to prevent loitering by patrons after the close of business. 59. The operator of the establishment shall post signs at clearly visible locations within the establishment and throughout the parking lot advising patrons to keep noise at a minimum. 60. The operator of the establishment shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. 61. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Malarky's Irish Pub including, but not limited to, Conditional Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -002 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attomeys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 62. Automatic fire sprinklers shall be required if the occupant load is 100 persons or more. 63. Portable propane heaters are not permitted. Any proposed heaters for the new outdoor dining patio shall be either electric or natural gas installed in accordance with the California Electrical or Plumbing Code. Building Department Conditions 64. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Tmplt: 04 /14/10 23 City Council Resolution No. _ Paqe 18 of 20 65. All exits shall remain free of obstructions and available for ingress and egress at all times. 66. Strict adherence to maximum occupancy limits is required. 67. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems in accordance with the provisions of the Plumbing Code, unless otherwise approved by the Building Division. Public Works Conditions 68. The proposed signs, awning, and entry canopy that project into the public right -of -way shall comply with City Council Policy L -6. 69. Prior to final of the building permits, the applicant shall be reconstruct the curb, gutter and sidewalk from the southerly building corner to the northerly property line along Newport Boulevard. 70. Prior to final of the building permits, the applicant shall reconstruct the existing driveway approach at the northerly portion of the project site along Newport Boulevard. 71. Implementation of valet parking shall not be permitted unless a valet operation and management plan is first submitted for review and approved by the Community Development Director and the City Traffic Engineer. Tmplt: 04 /14/10 24 City Council Resolution No. _ Paqe 19 of 20 EXHIBIT "B" Sign Program Matrix Tmplt: 04 /14/10 25 M City Council Resolution No. _ Paqe 20 of 20 Comprehensive Sign Program Matrix for 3011 Newport Blvd Planning Department 3300 Newport Boulevard, Newport Beach, CA 92663 (949)644 -3200 Telephone 1(949)644 -3229 Facsimile www.newportbeachca.gov Frontage Designations: A. Newport Blvd B. 30th Street C. Northwest (Facing Shopping Center) (LF = Linear Feet / SF = Sauare Feet) Type of Sign Primary Frontage Secondary Frontage Newport Blvd 301h Street & Northwest (Facing Shopping Center Wall Sign (1) Maximum number of signs: 3 Maximum number of signs: 1 Maximum sign area: 75 SF Maximum sign area: 37.5 SF Maximum vertical dimension: 18 Maximum vertical dimension: 24 inches inches Minimum distance from building Minimum distance from building corner: 7 feet corner: 7 feet Projecting Sign (1) Maximum number of signs: 1 N/A (2) Maximum sign area: 10 SF Maximum Projection: 3 feet Awning Sign (1) (2) Maximum number of signs: 4 Maximum number of signs: 2 (3) Maximum sign area: 8 SF Maximum sign area: 4 SF Maximum vertical dimension: 6 Maximum vertical dimension: 6 inches inches Total Sign Area 75 SF for any combination of signs 37.5 SF for any combination of signs NOTE: Sign area is the area measured by two perpendicular sets of parallel lines that surround the proposed logo and sign copy. All signs shall substantially conform to the approved set of plans stamped and dated March 3, 2011. Pursuant to Section 20.42.120.F of the Zoning Code, the Planning Director may approve minor revisions to the Sign Program if the intent of the original approval is not affected. (1) Subject to the regulations of 20.42.080 for sign standards by sign type, unless otherwise indicated by table matrix and or in the finding and conditions in the associated resolution of approval. (2) A minimum of 8 feet of clearance between the lowest part of a sign /awning and the grade below shall be provided. (3) Signage limited to valance only. A maximum of 50 percent of the valance area shall be used for signage. Tmplt: 04 /14/10 27 Campbell, James From: Mario Marovic (mario @loungegroup.coml Sent: Tuesday, May 24, 2011 5:16 PM To: Campbell, James; Henn, Michael; Smith, Dana, Murillo, Jaime Subject: Malarky's Withdrawal Dear Mr. Campbell, I would like to respectfully withdraw the Malarky's application for expansion scheduled to be heard at the City Council meeting this evening. I really appreciate everything the city staff, mayor and city council have done. Everyone has been very accessible and accommodating. From my operational and financial perspective, I am not comfortable making a decision. In addition to the financial investment, the ongoing operating costs of the new facility would be substantially higher. The substantially higher ongoing operating costs, coupled with the additional operating restrictions make the risk too high for me to accept at this time. Thank you again for all your help with this process and I look forward to working with you in the future. Sincerely, Mario Marovic Malarky's Irish Pub Managing Partner 949 - 813 -5683 Leilani From: Mario Marovic imario @loungegroup.comj Sent: Thursday, May 19, 2011 9:43 AM �' �Ay q (� To: Mario Marovic; Kiff, Dave; Dept - City Co it o, Jaime; Campbell, James Brown, Leilani; Smith, Dana S- eject: RE: Malarky's Irish Pub Continuance QEf'ICE �F 1N I_ CIT E T BeAC11 Dear Mayor Henn and Members of the City Council: cm I would like to respectfully request a continuance for the Malarky's Irish Pub hearing to the June 14, 2011 city council hearing. Given more time we will be able to work on issues resulting in a mutually beneficial compromise. Thank you. Sincerely, Mario Marovic Managing Partner 949 - 813 -5683 www.malarkyspub.com „ner +1c r nr'i r•� ,,7,uk.3t r F ?`FIN,' A EN HINTED:" Ste- I I Brown, Leilani From: robert rush [rrush @usrealtygroup.com] Sent: Tuesday, May 24, 2011 3:23 PM To: 'Mike Henn'; Daigle, Leslie; Gardner, Nancy; Hill, Rush; Curry, Keith; Rosansky, Steven; edselich @adelphia.net; Brown, Leilani; Hunt, David; Kiff, Dave Cc: 'Susan /Barry Eaton'; 'Robert Hawkins'; 'Michael Toerge'; cwunsworth @cox.net; ameri @rbf.com; 'Earl McDaniel'; BHillgren @HighRhodes.com; Johnson, Jay Subject: RE: Malarky's CONDITIONAL USE PERMIT NO. UP2010 -039 - Proposed Expansion Categories: Red Category Dear Mayor Henn and City Council You have been given a recommendation by the Newport Beach Police Department, as well as, the Newport Beach Planning Department regarding the subject of Malarky's Expansion Request and they both recommend to not grant headcount expansion other than to the patio. The central factor in making such recommendation was that the Police are unable to determine the origination of problem behavior that emanates from the triangle of bars and restaurants surrounding Malarkey's and therefore ....the Police would not be able to ever enforce the permit restrictions that the City Council feels can be used to control such problem behavior once expansion is granted. This City compensates the NB Police Dept and NB Planning Dept very well for their expertise in matters that they have been executing for the City for years. So why is it you doubt them and why do their recommendations mean so little to you? And what other matters should we, as a Community, second guess NBPD and NB Planning on ....? Please explain to me and the Community why you have little faith in the NBPD and NB Planning? Bob Rush Brown, Leilani From: Lori Morris [lorirmorris @gmail.coml Sent: Tuesday, May 24, 2011 3:04 PM To: Kiff, Dave; Mike Henn; Daigle, Leslie; Gardner, Nancy; Hill, Rush; Curry, Keith; Rosansky, Steven; edselich @adelphia.net; Brown, Leilani; Hunt, David Cc: Susan /Barry Eaton; Robert Hawkins; Michael Toerge; cwunsworth @cox.net; ameri @rbf.com; Earl McDaniel; BHillgren @highrhodes.com Subject: Malarkey's Bar Expansion Categories: Red Category City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca 92663 Attention: City Manager, Dave Kiff Council Members City Staff Reference: Marlarky's CONDITIONAL USE PERMIT NO. UP2010 -039 For the Public Record: In reference to the Malarky's expansion appeal to Council. I would like to support Ms. Koller's and Mr. Wetherholt's concerns regarding this bar. I would like to add that granting Mr. Marovics request will be setting another bad precedent for this city and our community. Club Three Thirty Three just recently requested an extension of their patio hours and they were denied due to community concern from Linda Isle. In my opinion, Linda Isle residents concerns are given more weight than those on the Peninsula, not by the Planning Commission but by the ultimate authority, our City Council. As per the article in the Daily Pilot: "We were pleased that the commission listened to the arguments that we had," said Donald McCalla, who has lived in his Linda Isle home for more than two decades. His home faces the restaurant, about 200 feet away across the water, and takes the brunt of the noise caused by the late -night crowd that fills the patio past the allowed howl, he said. Three homes on Linda Isle face 3- Thirty -3, with the other affected homes facing Bayside Drive currently not occupied, said Linda Isle Homeowner's Assn. President Donna Viana, who lives on the island down the street from those homes. "You're going to have some people outside making noise, yes, that's going to happen," Viana said. "But this is inside and those windows remain open past the time they are supposed to be closed and directly face the bedrooms of the people on the island." "A deal is a deal." Viana said. McCalla said that he reported almost 20 noise disturbances after 9:30 p.m. caused by 3- Thirty -3 patrons from March 2010 to September 2010, he said. But Linda Isle residents dispute that claim, saying that the patrons on the patio are there for drinks, not food and cause noise after patio hours should be over. "There is no tine dining going on out there after 9:30 p.m.," Viana said. "It's a party place. They don't call it a club, but that's what it is." Their concerns seem to mirror those of the residents on the Peninsula, yet they are not mocked by the owner of Club Three Thirty Three or the press. By granting Mr. Marovies request you will be opening up a Pandora's box for every other bar to want to expand, if not granted their wish? They will all use the Malarky's decision to appeal, as well they should, as it seems you would be giving preferential treatment over one drinking establishment for another, based on their location in Newport Beach. Please consider your actions carefully, they will have a long lasting effect on not only Peninsula residents but all other Newport residents who are in close proximity to bars. Thank you, Lori Morris Harris, Lillian From: Campbell, James Sent: Tuesday, May 24, 2011 5:50 PM To: City Clerk's Office Cc: Hunt, David; Mulvihill, Leonia; Beauchamp, Mynette Subject: FW: Malarky's Withdrawal FYI. From: Mario Marovic [mailto:mario@lounoegroup.comj Sent: Tuesday, May 24, 2011 5:16 PM To: Campbell, James; Henn, Michael; Smith, Dana; Murillo, Jaime Subject: Malarky's Withdrawal Dear Mr. Campbell, I would like to respectfully withdraw the Malarky's application for expansion scheduled to be heard at the City Council meeting this evening. I really appreciate everything the city staff, mayor and city council have done. Everyone has been very accessible and accommodating. From my operational and financial perspective, I am not comfortable making a decision. In addition to the financial investment, the ongoing operating costs of the new facility would be substantially higher. The substantially higher ongoing operating costs, coupled with the additional operating restrictions make the risk too high for me to accept at this time. Thank you again for all your help with this process and I look forward to working with you in the future. Sincerely, Mario Marovic Malarky's Irish Pub Managing Partner 949 - 813 -5683 Leilani From: Mario Marovic fmario @loungegroup.com] Sent: Thursday, May 19, 2011 9:43 AM Wilt, 4 M � 10 To: Mario Marovic; Kiff, Dave; Dept - City Coma Jaime; Campbell, James Cc: Brown, Leilani; Smith, Dana Subject: RE: Malarky's Irish Pub Continuance QFFICE OF THE,G POR BEA�%H Dear Mayor Henn and Members of the City Council: In cf I would like to respectfully request a continuance for the Malarky's Irish Pub hearing to the June 14, 2011 city council hearing. Given more time we will be able to work on issues resulting in a mutually beneficial compromise. Thank you Sincerely, Mario Marovic Managing Partner 949 - 813 -5683 www.malarkyspub.com "RECEIVc FTERAGEt<iA PRINTED!' 5-2-4- I 1 "RECEIVED AFTER AGENDA PRINTED:" A /h 5.2 11 Brown, Leilani From: cynthia koller [gracenbl @yahoo.com] Sent: Tuesday, May 24, 2011 2:02 PM To: Kiff, Dave; Mike Henn; Daigle, Leslie; Gardner, Nancy; Hill, Rush; Curry, Keith; Rosansky, Steven; edselich @adelphia.net; Brown, Leilani; Hunt, David Cc: Susan /Barry Eaton; Robert Hawkins; Michael Toerge; cwunsworth @cox.net; ameri @rbf.com; Earl McDaniel; BHillgren @HighRhodes.com Subject: Malarky's CONDITIONAL USE PERMIT NO. UP2010 -039 City of Newport Beach 3300 Newport Boulevard Newport Beach, Ca 92663 Attention: City Manager, Dave Kiff Council Members City Staff Reference: Madarky's CONDITIONAL USE PERMIT NO. UP2010 -039 For the Public Record: Having followed the history of the Malarky's request for expansion from the first Planning Commission meeting until present it is apparent that the owner of Malarky's is not willing to compromise and is adamant about getting his occupancy increase for his bar. I would hope that the Council would consider the evaluation and facts presented by the Police Department and put forward by our own Planning Commission and limit the occupancy. The residents of the Peninsula have been working very hard to effect positive change to our local area and want this community to be more than just the local dumping ground for bars and other businesses that fail to address the community's needs. I also believe this increase in bar occupancy would never be considered if it were in any other area of Newport Beach. In consideration of this CUP would it be possible for the city of Newport Beach to considered the same policy that the City of Huntington Beach Officers have as a tool, when an officer comes into contact with highly intoxicated person/persons PD can ask where they have been drinking so as to identify the problem bars in town who continue to over serve their patrons? This seems like a very simple and effective tool to promote safety and would clarify the bars who continue to neglect accountability and respect our neighborhoods. One other fact to consider is the practice of cycling fresh patrons on big Holidays. Residents who were at Malarky's on St. Patty's day this past year witnessed the management ask large amounts of patrons to leave at one time and then invite "new fresh" patrons in who had been standing in line. When this practice is used in this industry it is apparent the amount of intoxicated patrons leaving the bars is increased by two or threefold. Is this what we want in our local neighborhoods? Thank you for your consideration. Respectfully, Cindy Koller West Newport Beach