HomeMy WebLinkAbout12 - Attachment CC8Attachment No. CC 8
Councilmember Rush Hill's Appeal
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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
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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
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