HomeMy WebLinkAbout14_Malarky's Irish Pub Limited Term Permit and CDP_PA2021-205CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 16, 2021
Agenda Item No. 14
SUBJECT: Malarky’s Irish Pub Temporary Patio (PA2021-205)
▪Limited Term Permit No. XP2021-027
▪Coastal Development Permit No. CD2021-051
SITE LOCATION: 3011 Newport Boulevard
APPLICANT: Malarky’s Irish Pub
OWNER: Cagney Enterprises, LLC
PLANNER: David S. Lee, Associate Planner
949-644-3249, dlee@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CN (Neighborhood Commercial)
•Zoning District: CN (Commercial Neighborhood)
•Coastal Land Use Plan Category: CN (Neighborhood Commercial – 0.0-3.0 FAR)
•Coastal Zoning District: CN (Commercial Neighborhood)
PROJECT SUMMARY
The applicant proposes an 875-square-foot maximum expanded outdoor dining area for up
to a one-year term that was previously authorized through Emergency Temporary Use
Permit No. UP2020-073 and Emergency Coastal Development Permit No. CD2020-080
(PA2020-155) for Malarky’s Irish Pub.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-027 and Coastal Development Permit No. CD2021-051 (Attachment No.
ZA 1).
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DISCUSSION
• The applicant proposes an 875-square-foot maximum expanded outdoor dining area
for up to a one-year term that was previously authorized through Emergency
Temporary Use Permit No. UP2020-073 and Emergency Coastal Development
Permit No. CD2020-080 (PA2020-155) for Malarky’s Irish Pub.
• Outdoor dining areas are common within the Balboa Peninsula area, have been used
at the subject property during similar hours in the past, and the use has not proven
to be detrimental. An 867-square-foot outdoor dining patio was recently approved for
Chihuahua Brewing Company, which is located in the adjacent shopping center, The
Landing. The existing hours of operation for the interior of the restaurant are limited
from 7:00 a.m. through 2:00 a.m., daily. The proposed temporary outdoor dining area
would close by 9:00 p.m., Sunday through Thursday, and by 10:00 p.m. on Friday
and Saturday.
• The subject property has been occupied by a food service use with outdoor dining
since 1976. The existing parking lot has historically accommodated the restaurant.
The existing parking lot is expected to accommodate the temporary use.
• The restaurant is located on a site that is comprised of three separate lots under
common ownership. The combined three parcels are a total of 0.53 acres in size and
include the subject restaurant as well as an on-site surface parking lot. The temporary
outdoor patio consists of eight tables and has been conditioned to have no
permanent structures.
• The City is also undergoing an analysis of parking rates including rates related to
food service and outdoor dining. Findings and recommendations of this study are
anticipated by December 2021, and may inform a future conditional use permit
amendment for outdoor dining areas.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures), of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
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square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 875-square-foot expanded outdoor
dining patio at an existing restaurant for a one-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions. There are no known exceptions listed
in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal
any final action on a coastal development permit to the Planning Commission. The project
site is not located within the appeal area of the coastal zone; therefore, final action by the
City may not be appealed to the California Coastal Commission. For additional information
on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
__________________________
David S. Lee, Associate Planner
MS/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
LIMITED TERM PERMIT NO. XP2021-027 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-051 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 3011
NEWPORT BOULEVARD (PA2021-205)
THE ZONING ADMINISTRATOR 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, with respect to property located at 3011
Newport Boulevard, Assessor Parcel Numbers 047-060-01, 047-060-06, and 047-060-10,
requesting approval of a limited term permit and a coastal development permit.
2. The applicant proposes an 875-square-foot maximum expanded outdoor dining area for
up to a one (1)-year term that was previously authorized through Emergency Temporary
Use Permit No. UP2020-073 and Emergency Coastal Development Permit No. CD2020-
080 (PA2020-155) for Malarky’s Irish Pub.
3. The subject property is designated Neighborhood Commercial (CN) by the General Plan
Land Use Element and is located within the Commercial Neighborhood (CN) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Neighborhood Commercial (CN) – (0.0 to 0.30 FAR) and it is located within the
Commercial Neighborhood (CN) Coastal Zoning District.
5. A public hearing was held on December 16, 2021, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
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involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 875-square-foot expanded outdoor
dining patio at an existing restaurant for a one (1)-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
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 requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food
service uses. The existing food service use is authorized through Use Permit No. 1792
and includes 1,150 square feet of net public area.
2. The expanded outdoor dining area has not posed a hazard to the general welfare of
persons residing in the area since it was placed during the COVID-19 pandemic in 2020
through an Emergency Temporary Use Permit No. UP2020-073 (PA2020-155). The
operation of the expanded outdoor dining area is limited to up to a one (1)-year, and has
been reviewed and conditioned to preclude any detriment to the general welfare of the
area.
3. Outdoor dining areas are common within the Balboa Peninsula area, and have been used
at the subject property during similar hours in the past, and the use has not proven
detrimental. An 867-square-foot outdoor dining patio was recently approved for Chihuahua
Brewing Company, which is located in the adjacent shopping center, The Landing. The
existing hours of operation for the interior of the restaurant are limited from 7:00 a.m.
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through 2:00 a.m., daily. The proposed temporary outdoor dining area would close by 9:00
p.m., Sunday through Thursday and by 10:00 p.m. on Friday and Saturday.
4. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
5. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency guidelines for the safe operation of the use. It is the responsibility of the
permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
6. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
7. The overall plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent
to and in the vicinity of the lot;
Facts in Support of Finding:
1. The restaurant is located in on a site that is comprised of three (3) separate lots under
common ownership. The combined three (3) parcels are a total of 0.53 acres in size and
include the subject restaurant as well as an on-site surface parking lot. The reduction of
six (6) on-site parking spaces is for a temporary basis, and the patio has been reviewed
by Public Works to ensure that it will not negatively impact on-site circulation.
2. The project site is located on the southeast corner of Newport Boulevard and 30th Street.
Surrounding uses include residential neighborhoods, which are located directly adjacent
to the shopping center to the north, south, and west. Lido House Hotel is located
approximately 400 feet northwest of the project site. The temporary patio does not
negatively affect surrounding uses as it serves an existing restaurant adjacent to a large
shopping center.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
Fact in Support of Finding:
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1. The subject lot has two (2) direct driveway approaches taken from Newport Boulevard.
The temporary outdoor patio is located adjacent to the restaurant and will not impede
access to the existing parking lot. There are no traffic issues anticipated.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable
to the Zoning Administrator; and
Fact in Support of Finding:
1. The subject property has been occupied by a food service use with outdoor dining since
1976. The existing parking lot has historically accommodated the restaurant. The existing
parking lot is expected to accommodate the temporary use. There have been no parking-
related complaints or issues raised related to the outdoor dining area installed under the
previous emergency permit.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation for this site is CN (Neighborhood Commercial).
The CN designation is intended to provide for a limited range of retail and service uses
developed in one (1) or more distinct centers oriented to primarily serve the needs of and
maintain compatibility with residential uses in the immediate area. Permitted uses include
those permitted in the CN Zoning designation, which includes eating and drinking
establishments through obtaining of a use permit. The expanded outdoor dining use is
accessory to the existing food service use, will be utilized for a limited duration on-site, and
will not impede use of the site consistent with the CN designation.
2. The site is located in the Commercial Neighborhood (CN) Zoning District. The CN
designation applies to areas appropriate for a limited range of retail and service uses
developed in one (1) or more distinct centers oriented to serve primarily the needs of
and maintain compatibility with residential uses in the immediate area. The expanded
outdoor dining use is accessory to the existing food service use, will be utilized for a limited
duration on-site, and will not impede use of the site consistent with the CN designation.
The CN zoning district allows temporary uses as specified within the Zoning Code and the
proposed limited duration use is consistent with this designation.
3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CN Zoning District in that it
provides amenities that support visitors to the area and provides a social gathering place
for those who live and work in the neighborhood, consistent with General Plan Land Use
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Element Goal LU 2, below. Additional benefits from the proposed amendment include
providing opportunities for the continuation of local businesses that generate sales tax and
provide opportunities for employment, which is consistent with General Plan Land Use
Element Policy LU 2.4 (Economic Development), also copied below:
Goal LU 2 A living, active, and diverse environment that complements all lifestyles
and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Balboa Peninsula.
5. The site is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The project site is not located adjacent to a coastal view road or public access way. The
site is located approximately 150 feet south from a public beach access location identified
by the Coastal Land Use Plan. However, the temporary patio is located on a site with an
existing restaurant. The temporary outdoor dining area complies with all applicable Local
Coastal Program (LCP) development standards and maintains an area consistent with the
existing pattern of development on the Balboa Peninsula. Additionally, the project does not
contain any unique features that could degrade the visual quality of the coastal zone.
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2. The Property is located in the coastal zone and the proposed improvements require a
coastal development permit in accordance with Newport Beach Municipal Code (NBMC)
Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of ten (10) percent or more of
the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier within the public walkway are
minor detached structures. The location of these improvements does not pose a conflict
to coastal resources, coastal access, or other adverse environmental effects.
3. Improvements are complementary to the area; the subject restaurant and other
restaurants on the Balboa Peninsula have similar outdoor dining improvements.
4. The dining area barrier is installed within the existing walkway. The barrier delineates
the area dedicated for outdoor dining use and alcohol service from the public walkway.
There are no existing City utilities within the expanded outdoor dining area.
5. Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) and public access to the coast will not be blocked. Coastal access
is increased by allowing commercial establishments to re-open allowing public to visit
coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area;
6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The subject property is not located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone. The property is located
approximately 475 feet from a public beach or harbor (approximately 1,000 feet) and is not
located near a public viewpoint designated by the Coastal Land Use Plan.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-027 and Coastal Development Permit No. CD2021-051 subject to the
conditions set forth in Exhibit A, which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 Local Coastal
Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF DECEMBER, 2021.
_____________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
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. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective from January 1, 2022, to December 31, 2022, unless an extension is granted by
the Zoning Administrator in compliance with Municipal Code Sections 20.52.040.J
(Extension of Limited Term Permit) and 21.54.060 (Time Limits and Extensions). The
applicant shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this approval at the end of the
effective period.
3. The expanded dining area shall not exceed 875 square feet.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
9 p.m. on Sunday through Thursday, and 10:00 p.m. on Friday and Saturday.
5. There shall be no use of amplified sound and/or live entertainment in the expanded dining
area.
6. The applicant shall install and maintain a physical barrier between any area used and
adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. The temporary patio shall consist of a maximum of eight (8) tables. There shall be no
permanent structures that require building permits.
8. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
9. The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
prohibited.
10. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
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11. The permittee shall provide adequate trash receptacles within the permitted patio shall and
the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
12. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
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
approval.
15. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined 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.
16. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit and Coastal
Development Permit.
17. 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 this Limited Term Permit No. XP2021-
027 and Coastal Development Permit No. CD2021-051 (PA2021-205) for Malarky’s
Irish Pub. 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.
Building Division
18. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. A minimum 4-foot-wide accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
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c. Accessible parking stalls shall not be used for seating areas when onsite parking is
provided.
d. At least one (1) accessible seating area shall be provided.
e. Detectable warnings are required when pedestrian paths cross or are adjacent to a
vehicular way where no physical barrier are provided to separate the two (2).
19. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Public Works Department
20. Substantial barriers (automobiles, K-rail, water-filled barrier, or other material acceptable
to Public Works) shall be provided between the seating area and drive aisle and adjacent
parking spaces. Substantial barriers shall not encroach into the required dimensions of
the drive aisle and parking spaces.
21. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles
and 15 feet of space around all underground facilities, such as poles and 15 feet of
space around all underground facilities, such as vault lids, manholes, vent pipes, pad-
mounted transformers, etc.
22. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
23. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
24. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examples.
Fire Department
25. Fire lane(s) shall be identified on the plan.
26. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes. Vehicles are permitted to stop in fire lanes
awaiting service or delivery provided that the driver remains inside the vehicle and the
vehicle is ready to move immediately upon orders from emergency personnel.
27. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the
driver remains inside the vehicle and the vehicle is ready to move immediately upon
orders from emergency personnel.
28. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a 3-foot clearance in all directions.
29. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
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30. All building exits shall remain free and clear of any obstacles that would impede exiting
from a building or suite and accessing the nearest public right-of-way.
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Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Limited Term Permit No. XP2021-027 and
Coastal Development Permit No. CD2021-051
(PA2021-205)
3011 Newport Boulevard
Subject Property
17
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
18
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Malarky’s Irish Pub (PA2020-155)
Emergency Temporary Use Permit No. UP2020-073
Emergency Coastal Development Permit No. CD2020-080 Site Location 3011 Newport Boulevard Applicant Mario Marovic Property Owner Mario Marovic On July 13, 2020 the Community Development Director approved a revision to Emergency Temporary Use Permit No. UP2020-035 and Emergency Coastal Development Permit No.
CD2020-046. This approval is based on the following findings and subject to the following
conditions.
I. SUMMARY OF PROPOSED OPERATION
The Applicant proposes to modify operations for Malarky’s Irish Pub. The physical
improvements are as summarized:
1. Provide a second outdoor dining patio (approximately 3,000 square feet with 15 tables for 82 persons maximum). An additional eleven parking spaces are lost as a
result of the revised improvements. The existing ADA parking space will be relocated
to the northern side of the parking lot, adjacent to the existing trash enclosure.
2. This Emergency Temporary Use Permit No. UP2020-073 and Emergency Coastal Development Permit No. CD2020-080 will supersede the existing Emergency
Temporary Use Permit No. UP2020-035 and Emergency Coastal Development
Permit No. CD2020-046. The previous improvements for an expanded outdoor patio
of approximately 1,100 square feet (6 parking spaces), which included 10 tables for a maximum of 48 persons, will be maintained with this new ETUP and ECDP, including all conditions of approval.
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
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of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency. The Class 1 exemption includes the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant
amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000
square feet in floor area in urbanized areas zoned for such use. The project includes the
expansion of two outdoor dining patio areas (approximate 4,100 square feet in total area) to
an existing restaurant and is within the parameters noted for these exemptions and will not have a significant effect on the environment. There are no known exceptions listed in CEQA
Guidelines Section 15300.2 that would invalidate the use of these exemptions.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case the Community Development Director has found that the temporary use would
not create a hazard to the health, safety or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit and Emergency Coastal Development Permit is temporary and only valid during the emergency order
established by Emergency Ordinance No. 2020-005.
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping reduce the spread of COVID-19. The proposed operation is necessary to provide
adequate space to allow for appropriate social distancing.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
4. The proposed operation has been reviewed by and is acceptable to the Building Division, Fire & Life Safety Division, and the Public Works Department. Conditions of
Approval are included to help ensure this operation is not detrimental;
5. The proposed operation does not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Certificate of Occupancy allow;
6. The proposed operation does not extend any hours of operation beyond those
currently permitted by Use Permit No. 1792 (7:00 a.m. to 2:00 a.m., daily).
7. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements.
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8. The overall plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers.
9. Adequate parking will remain available to serve patrons of the restaurant. A total of
18 parking spaces are lost as a result of the proposed improvements.
10. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1. The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. The development authorized is temporary and will only be in place during the
described emergency consistent with Emergency Ordinance No. 2020-005. All
development authorized by this permit must be removed after the state of
emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority. IV. CONDITIONS OF APPROVAL
1. Only that specifically described above and depicted in the attached site plan is
authorized, subject to the conditions set forth below. Any additional changes require
separate review and may necessitate separate authorization from the Director. The improvements shall be in substantial conformance with the site plan provided in
Attachment No. CD 4.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses, nonconforming uses, development standards, parking requirements, and permit
procedures that regulate the use and development of private or public property
operations are suspended only to the extent that the these provisions or restrictions
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set forth in a discretionary permit conflict with the terms of this Emergency Temporary
Use Permit.
3. The existing allowed hours of operation of the establishment (7:00 a.m. to 2:00 a.m., daily) shall not be extended. Furthermore, the area modified as part of this approval
shall close by 9 p.m., Monday through Thursday, and by 10 p.m. on Friday through
Sunday.
4. The use of amplified sound within the temporary area shall be prohibited.
5. The expanded outdoor dining patio areas shall be limited to 4,100 square feet for
130 occupants (cumulative).
6. Customer seating for all interior and exterior dining shall not exceed 151 occupants at all times.
7. A minimum of 33 parking spaces shall be available for patrons of the restaurant.
8. Subsequent to the expiration of this Emergency Temporary Use Permit and Emergency Coastal Development Permit, the parking lot shall be restriped to revert
to the original configuration prior to the issuance of this permit.
9. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum distance of seven (7) feet to ensure proper social distancing is
maintained.
10. The applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or
consumption of alcohol is under the control of the applicant. The establishment shall
abide by all applicable regulations of the State Department of Alcoholic Beverage Control.
11. The applicant shall install and maintain a barrier to comply with ABC regulations
between any area used that is not barricaded by a substantial barrier.
12. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
13. The establishment shall abide by all applicable Orange County Health Care Agency requirements.
14. Establishments that provide food service, shall abide by the COVID-19 Industry
Guidance: Dine-In Restaurants provided by the California Department of Public
Health and Department of Industrial Health.
15. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash,
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litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet
of the premises.
Building
16. Existing accessible stall shall be restored per Code when temporary outdoor dining
area is removed.
17. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. An accessible path to all functional areas shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite
parking is provided.
d. Detectable warnings are required when pedestrian paths cross or are adjacent to a vehicular way where no physical barrier are provided to separate the two.
18. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
19. Accessible routes must maintain a minimum clear height of 80 inches.
Fire
20. Fire lane(s) shall be identified on the plan.
21. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
22. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided
that the driver remains inside the vehicle and the vehicle is ready to move
immediately upon orders from emergency personnel.
23. All Fire Department devices (fire hydrants, fire department connections, water valves, etc.) shall have a three-foot clearance in all directions.
24. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
25. All building exits shall remain free and clear of any obstacles that would impede
exiting from a building or suite and accessing the nearest public right-of-way.
Public Works
26. A significant barrier (water-filled barricade or other barrier approved by the public
works department) shall be provided between the proposed outer dining area and
the parking lot drive aisle.
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27. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
28. Expanded outdoor dining areas shall adhere to the SCE clearance decal
examples provided in Attachment No. CD 3.
29. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency temporary permit.
30. The Community Development Director may modify this Emergency Temporary Use
Permit. The Director shall notify the applicant of any proposed modification and a
decision to modify this permit shall be deemed effective upon the posting of a notice of modification at the site of the business granted the emergency temporary use
permit
31. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed, or 60 days from the date of authorization, whichever is sooner. The Director may
extend this approval for an additional 60 days for good cause.
32. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant
shall immediately work to remove the temporary improvements in a timely manner and shall restore the expanded area back to its original use and improvements.
33. 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 this Emergency Temporary Use Permit and Coastal Development Permit for Malarky’s
Irish Pub. 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.
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V. APPEAL
This decision may be appealed by the applicant/permittee to the City Manager by notifying
the City Manager of the appeal within three (3) calendar days of the decision. The City
Manager shall have authority to sustain, reverse or modify the decision of the Community Development Director and the City Manager's decision shall be final.
On behalf of Seimone Jurjis, Community Development Director.
______________________________
David S. Lee
Associate Planner
MKN/dl
Attachments: CD 1 Filed Application
CD 2 Written Project Description CD 3 SCE Clearance Decals
CD 4 Site Plan Diagram
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it constitutes a contract between the City and Permittee for all purposes.
Insert applicant name and title
Signature Date
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Managing memberMario Marovic
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Attachment No. ZA 4
SCE Clearance Decals
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SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
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D54
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Attachment No. ZA 5
Project Plans
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31
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