HomeMy WebLinkAbout2.0_Stag Bar Occupant Load Increase and Operational Changes_PA2022-0249CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 3, 2023
Agenda Item No. 2
SUBJECT: Stag Bar Occupant Load Increase and Operational Changes
(PA2022-0249)
▪Conditional Use Permit
▪Coastal Development Permit
▪Operator License
SITE LOCATION: 121 Mc Fadden Place
APPLICANT: Mario Marovic
OWNER: Newport Taco, LLC
PLANNER: David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
The applicant requests a conditional use permit to increase the allowed occupant load of
the Stag Bar from 260 persons to a maximum of 290 persons, which requires a waiver of
8 required parking spaces. Additionally, the applicant requests to allow live entertainment
from 11 a.m. to 2 a.m., daily and dancing from 5 p.m. to 2 a.m., daily. The current hours
of operation from 6 a.m. to 2 a.m., daily, are not proposed to be modified. The
establishment currently operates under Conditional Use Permit No. UP2018-013, which
would be superseded if this application is approved. Since the property is located in the
coastal zone, a coastal development permit is also requested.
RECOMMENDATION
1)Conduct a public hearing; and
2)If the Planning Commission wishes to approve the project, then first find this project
exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment, and adopt Resolution No.
PC2023-028 approving a conditional use permit and coastal development permit
(Attachment No. PC 1); or
3)If the Planning Commission wishes to deny the project, then first find the denial of the
project statutorily exempt from CEQA pursuant to Section 15270 and adopt
Resolution No. PC2023-028 disapproving a conditional use permit and coastal
development permit (Attachment No. PC 2).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE MU-W2 (Mixed-Use
Water Related)
MU-W2 (Mixed-Use
Water Related) Stag Bar and Hotel
NORTH MU-W2 MU-W2 Food service, mixed-use, retail
SOUTH CV (Visitor-Serving
Commercial)
CV (Commercial Visitor-
Serving) Food service, hotel
EAST MU-W2 MU-W2 Parking lot, retail, office, food
service
WEST MU-W2 MU-W2 Parking lot, retail, office, food
service, mixed-use
Stag Bar and Hotel
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INTRODUCTION
Project Setting and Background
The subject property is located within the McFadden Square area of the Balboa Peninsula
near the Newport Pier. Surrounding businesses include Rockin’ Baja Lobster and 21
Oceanfront Restaurant to the south, The Blue Beet and Café Il Farro to the west with
mixed-use development beyond, and TK Burger and Taco Bell Cantina to the north. The
137-parking space McFadden Square municipal parking lot is located adjacent to the
project site. Also located within walking distance is the Newport Pier municipal parking lot
which contains approximately 260 parking spaces.
According to County records, the Stag Bar and Hotel building was originally constructed
in 1912. Research estimates the establishment commenced operation in 1914, and the
hotel above has been in operation since the mid-1930s. The Stag Bar has never provided
off-street parking, which is typical for many of the establishments in the McFadden Square
area.
In 2014, the Planning Commission approved Conditional Use Permit No. UP2013-016 to
allow the expansion of the existing 2,506-square-foot eating and drinking establishment
into the abutting 1,487-square-foot liquor store tenant space. Due to the expansion, the
approval included a parking waiver of 9 spaces. The expansion was completed in 2016,
and created a new dining area, a small outdoor dining area, and improved back-of-house
areas, including a full-service kitchen for food service. The liquor store use was
eliminated. Much of the bar area remained with a long bar counter, booth seating areas,
and two pool tables. The maximum occupant load was limited to 207 persons through a
condition of approval.
In 2018, the Planning Commission approved Conditional Use Permit No. UP2018-196 to
increase the allowed occupant load from 207 to 260 persons. With the increased
occupant load, the approval included a waiver of 13 spaces. While the hours of operation
remained between 6 a.m. and 2 a.m., a condition of approval was included to prohibit
new patrons from entering the bar after 1 a.m. Last call for alcohol service was
conditioned to occur at 1:30 a.m.
Project Description
The applicant requests to increase the permitted maximum occupant load from 260 to
290 persons, which necessitates a waiver of 8 additional parking spaces. The applicant
also requests to modify the current operation to allow live entertainment and dancing,
including the construction of a new 230-square-foot dance floor. The proposed hours for
live entertainment and dancing are from 11 a.m. to 2 a.m., daily effectively creating a
night club. The applicant is proposing to continue operating with a Type 48 (On Sale
General – Public Premises) Alcoholic Beverage Control (ABC) license. The establishment
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currently operates under Conditional Use Permit No. UP2018-013, which would be
superseded if this application is approved.
DISCUSSION
Analysis
General Plan, Zoning Code, and Local Coastal Plan
The site is categorized as Mixed-Use Water Related (MU-W2) by the General Plan Land
Use Element, the Zoning Code, and the Coastal Land Use Plan, which allows for eating
and drinking establishments and visitor accommodations, but does not permit the
operation of a bar. The Stag Bar began operation prior to any City zoning ordinances and
is considered legal nonconforming. Nonconforming uses are allowed to be expanded with
approval of a use permit pursuant to Newport Beach Municipal Code (NBMC) Section
20.38.050 (Nonconforming Uses) and with a coastal development permit pursuant to
NBMC Section 21.38.050 (Nonconforming Uses).
Whereas the MU-W2 General Plan land use allows for a floor area ratio (FAR) of 0.5, the
existing FAR of Stag Bar has been historically nonconforming at approximately 1.65.
Since the proposed project does not include an increase in the floor area, it is consistent
with the Land Use Element.
Although there is no proposed expansion of building areas, the project includes an
increase of occupancy and waiver of required parking, which is considered an
intensification of use. Therefore, a coastal development permit (CDP) is required and is
a part of the project application.
Occupant Load Increase
The structure was originally built in 1912 without any on-site parking. Based on records
research, the overall gross floor area has not increased since it was originally constructed.
The maximum occupant load is dictated by the California Building Code (CBC) and Title
15 (Buildings and Construction) of the NBMC. The method for determining maximum
occupancy pursuant to the CBC and NBMC Title 15 has changed over time. With the
previous approval of UP2018-013, the occupant load of 260 persons did not exceed what
the prior building construction regulations allowed. Likewise, the proposed occupant load
of 290 persons has been reviewed by the Building Division and does not exceed what the
regulations allow today, which is upward to 311 persons under a configuration without
pool tables.
Reduction of Parking Requirements
Pursuant to NBMC Sections 20.40.040 and 21.40.040 (Off-Street Parking Spaces
Required), a bar requires one parking space for each four persons based on allowed
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occupant load and the hotel use requires one parking space per hotel unit for a current
total parking requirement of 73 parking spaces for the existing development. Since the
applicant is proposing an occupant load increase of 30 persons, the site would now
require a total of 81 spaces and is an increase of eight (8) required parking spaces (Table
1, below). Therefore, the applicant is requesting a waiver of the 8 additional parking
spaces.
Table 1: Existing and Proposed Parking Conditions
Existing Conditions
Occupancy/Units Parking Ratio Required Spaces
The Stag Bar 260 persons 1 per 4 persons 65
Hotel 8 rooms 1 per room 8
Total 73
Proposed Conditions
Occupancy/Units Parking Ratio Required Spaces
The Stag Bar 290 persons 1 per 4 persons 73
Hotel 8 rooms 1 per room 8
Total 81
Pursuant to NBMC Sections 20.40.110 and 21.40.110 (Adjustments to Off-Street Parking
Requirements), off-street parking requirements may be reduced with the approval of a
conditional use permit with the following conditions considered:
a.The Applicant has provided sufficient data, including a parking study if required
by the Director, to indicate that parking demand will be less than the required
number of spaces or that other parking is available (e.g., City parking lot located
nearby, on-street parking available, greater than normal walk in trade, mixed-use
development); and
b.A parking management plan shall be prepared in compliance with subsection (C)
of this section (Parking Management Plan).
In 2019, the applicant retained RK Engineering Group, Inc. to conduct a parking survey
for the previously approved use permit (PA2018-196). The goal of the survey was to
determine what modes of transportation are most prevalent for patrons of the
establishment. The survey was conducted on Friday, April 26, 2019, and Saturday, April
27, 2019, in the evening and included 119 patrons. For the purpose of this application,
RK Engineering Group, Inc. has provided an updated parking memorandum, dated June
9, 2023. The full parking survey and updated memorandum are attached to this report as
Attachment No. PC 3. The memorandum affirms the 2019 study, since the data collected
in the 2019 study was obtained during typical pre-pandemic operating condtions and the
study area has not had any significant changes.
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In summary, the survey found that 13 percent of patrons of the existing establishment
drove a vehicle and parked within the adjacent parking lot and 87 percent of patrons
arrived by way of an alternative mode of transportation (i.e., carpool, rideshare, taxi,
bicycle, and walking). Although the results are not entirely conclusive given the brevity of
the survey, staff believes it is indicative of how the majority of patrons opt for alternative
modes of transportation and do not arrive by way of a single-occupant vehicle.
With the proposed occupancy increase, the memorandum provides a conservative
calculation of 260 cars during the peak demand time of 7 p.m., where there are 272 public
parking spaces. The memorandum concludes that there is sufficient parking within the
surrounding area to allow the increase in occupancy, especially with 87 percent of patrons
utilizing alternative modes of transportation to arrive at the establishment.
Since there is no off-street on-site parking supply and the establishment relies on the
operation of the surrounding municipal lots and public street parking, a parking
management plan is not applicable in this case. The City Traffic Engineer has reviewed
the study and memorandum, and agrees it demonstrates a sufficient supply of parking
with the proposed increase in occupant load.
Dance Floor and Live Entertainment
In addition to the increase in occupant load, the applicant is proposing a 230-square-foot
dance floor within existing customer area of the bar. The applicant is also proposing live
entertainment in the form of a DJ, solo performer, or small band. The applicant is
requesting the allowance of dancing and live entertainment from 11 a.m. to 2 a.m., daily.
For the purpose of flexibility, the applicant has submitted two floor plans:
1.One floor plan includes the existing pool tables and an approximately 125-square-
foot dance floor; and
2.The second-floor plan shows the pool tables stored away and an approximate 230-
square-foot dance floor.
Although the plans show a proposed range of occupant load from 299 persons with pool
tables up to a maximum occupant load of 311 persons without pool tables, the applicant
proposes a maximum cap of 290 occupants as a condition of approval. Since the
applicant desires flexibility between the floor plan arrangements, a conditioned maximum
occupant load of 290 persons simplifies the requirement and avoids confusion between
the different layout proposals. Both plans have been reviewed and accepted in concept
by the Building Division, Fire Department, and Public Works Department.
If approved, Condition of Approval Nos. 12 and 16 of UP2018-013, would be carried
forward and remain in effect. These prohibit new patrons from entering the bar after 1
a.m., stipulate that the last call for alcohol service will be at 1:30 a.m., and require all
doors and windows of the facility remain closed after 10 p.m. except for ingress and
egress of patrons and employees.
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Police Department Review
The Newport Beach Police Department (NBPD) has reviewed the application and is
opposed to the request. The NBPD’s Memorandum (Attachment No. PC 4) discusses
Stag Bar’s location, potential impacts to the community, an increase impact on police
resources, and other concerns as the reasons for the recommendation. In addition to
dancing and live entertainment, the existing establishment includes alcohol sales and late
hours, all of which are discussed in more detail below.
Alcohol Sales
When reviewing an application to allow an eating or drinking establishment to sell, serve,
or give away alcohol, NBMC Section 20.48.090 (Eating and Drinking Establishments)
requires the Planning Commission to evaluate the potential impacts upon adjacent uses
(within 100 feet as measured between the nearest lot lines) and to consider the proximity
to other establishments selling alcoholic beverages for either off-site or on-site
consumption. The adjacent uses are mixed-use, residential, general commercial, and
retail. The area includes a mix of late-night establishments that also sell alcoholic
beverages. If the Planning Commission approves the project, a draft resolution for
approval has been attached (Attachment No. PC 1) which includes conditions of approval
to minimize negative impacts that the proposed eating and drinking establishment may
have to surrounding residential uses and ensure that the use remains compatible with the
surrounding community.
To approve a use permit for alcohol sales, the Planning Commission must also find that
the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In
doing so, the following must be considered:
i.The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
ii.The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts.
iii.The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other
similar uses, and any uses that attract minors.
iv.The proximity to other establishments selling alcoholic beverages for either off-
site or on-site consumption.
v.Whether or not the proposed amendment will resolve any current objectionable
conditions.
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The establishment is located within Reporting District 15 (RD 15), which includes most of
the commercial establishments for the Balboa Peninsula between the Newport Boulevard
on-ramp and 20th Street. Operational characteristics, including the more restrictive hours,
are conditioned to maintain and improve compatibility with the surrounding land uses. The
NBPD has provided a list of conditions of approval regarding alcohol sales, in the case
that the project is approved by the Planning Commission.
Late-Hour Operations
Pursuant to NBMC Section 20.48.090(G)(3)(a) (Late-Hour Operations), the Planning
Commission must consider the following potential impacts upon adjacent or nearby uses
when reviewing an application to allow late-hour operations:
i. Noise from music, dancing, and voices associated with allowed indoor or
outdoor uses and activities;
ii. High levels of lighting and illumination;
iii. Increased pedestrian and vehicular traffic activity during late and early morning
hours;
iv. Increased trash and recycling collection activities;
v. Occupancy loads of the use; and
vi. Any other factors that may affect adjacent or nearby uses.
The applicant is proposing to add live entertainment or dancing. Condition of Approval
No. 16, which was established by the previous use permit, requires the exterior doors and
windows to be closed after 10 p.m., except for ingress and egress purposes. The
additional operational constraints with an “exit-only” policy at 1 a.m., and a 1:30 a.m. last
call for alcohol service which is intended to reduce noise issues.
No new lighting is proposed on the building. There is existing and adequate outdoor
lighting within the adjacent municipal parking lot located at the front of the establishment.
The existing establishment currently operates until 2 a.m. with a maximum of 260
occupants. The revised operation would increase the number of occupants to 290
persons with 30 more individuals leaving the establishment in the early morning hours.
Increased pedestrian and vehicular activity are expected during late and early morning
hours if the request is approved.
Approval of any increase in allowed occupant load in conjunction with a building permit
would require the applicant to obtain a new Operator License from the Police Department
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pursuant to NBMC Chapter 5.25 (Operator License for Establishments Offering Alcoholic
Beverages for On-Site Consumption in Combination with Later Hours, Entertainment,
and/or Dance). Operator Licenses provide for enhanced control of noise, loitering, litter,
disorderly conduct, parking/circulation, and other potential disturbances resulting from the
establishment, and they provide the Police Department with means to modify, suspend,
or revoke the operator’s ability to maintain late-hour operations.
A trash enclosure is not currently provided on-site; however, the applicant has an existing
agreement with the adjoining property owner to utilize a shared trash area behind the
Café Il Farro restaurant. If approved, the operator will be required to maintain the trash
area such that odors are controlled appropriately. Should the existing trash area be
determined by the City in the future to be inadequate, the applicant will be required to
increase the frequency of pickups.
Conditional Use Permit Findings
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits),
the Planning Commission must make the following findings for approval of 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 the Zoning Code and the Municipal Code.
3. The design, location, size, and 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.
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.
The continued operation of a bar is consistent with the purpose and intent of the Mixed-
Use Water Related (MU-W2) land use designation of the General Plan. Although a bar is
not listed as a permitted use under eating and drinking establishment uses within the
Mixed-Use Water Related (MU-W2) Zoning District, nonconforming uses are permitted to
expand pursuant to NBMC Sections 20.38.050 and 21.38.050 (Nonconforming Uses).
The MU-W2 designation applies to waterfront properties in which marine-related uses
may be intermixed with general commercial, visitor-serving commercial, and residential
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dwelling units on the upper floors. Eating and drinking establishments can be expected
to be found in this area, which contains a variety of commercial uses.
The project has been reviewed and, if the Planning Commission approves the project, a
draft resolution for approval includes conditions of approval 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.
Based on the parking information provided and the characteristics of the area, staff
believes adequate parking is available for its recommended operation at all times of the
day. It should be noted that no on-site parking is provided for many uses in the immediate
area and any use occupying this tenant space would be subject to the same conditions.
To help ensure that the increased occupant load of the establishment does not create a
detrimental impact during late hours, the operator will be required to obtain an operator
license and to take reasonable steps to discourage and correct objectionable conditions
that constitute a nuisance to areas surrounding the establishment. Should the operator
be unable to abide by the conditions of approval or prevent objectionable conditions from
occurring, the NBPD will have the authority to modify, suspend, or revoke the operator’s
ability to maintain late-hour operations past 11 p.m. It could also reduce the occupant
load or modify other operating conditions.
Coastal Development Permit Findings
The subject property is located within the coastal zone. As previously discussed, the
proposed project requires a CDP. Pursuant to certified Local Coastal Program (LCP)
Implementation Plan Section 21.52.15(F) (Findings and Decision), the Planning
Commission must make the following findings to approve a CDP:
1. Conforms to all applicable sections of the certified Local Coastal Program (e.g.
development standards, no impacts to public views, natural resources, etc.); and
2. 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.
The existing bar is a nonconforming use in the MU-W2 coastal zoning district. However, the
property has been used as a bar since the early 1900s. Per NBMC Section 21.38.050
(Nonconforming Uses), nonconforming uses may be expanded or intensified if such new
development does not increase the degree of the use’s nonconformity. The project does not
include an expansion of floor area or exterior modifications. The project does include an
increase in the maximum occupancy load, which was previously conditioned to be 260
persons. However, the existing building is able to hold the proposed occupancy of 290
persons without significant alterations. The project does not include any physical expansion
or exterior alteration and is for the addition of new components such as live entertainment
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and dancing. The proposal does not contain any unique features that could degrade the
visual quality of the coastal zone.
The property is located approximately 400 feet from the Newport Pier, which is a designated
public viewpoint in the Coastal Land Use Plan (CLUP) and offers public views of the beach
and ocean. As previously discussed, the project does not include an expansion and will
maintain the original building envelope, which is consistent with the existing Mc Fadden
Square pattern of development. Therefore, the project does not have the potential to
degrade the visual quality of the coastal zone or result in significant adverse impacts on
public views.
The property is also 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 adjacent to a
lateral access to the coast (West Ocean Front board walk), as well as public beach access
points on 22nd Street and the Newport Pier. The proposed project does not include physical
alterations to the exterior or expansion in floor area which would obstruct existing access
points the beach or pier. The additional 8 parking space demand generated by the
increase of 30 occupants is not expected to interfere with visitors to the beach, as the
property is more frequently visited in the evening and early morning hours (until 2 a.m.).
According to the provided parking survey, the peak times for visitors to the establishment
are from 7 p.m. to midnight. Visitors coming to the beach typically come in the day time
when the establishment does not typically generate high traffic.
Summary and Alternatives
The applicant is proposing to increase the occupant load from 260 to 290 persons, and
add dancing and live entertainment in conjunction with existing late-hours and alcohol
service. The Police Department has provided a memorandum stating opposition to the
project. Staff is not providing the Planning Commission with a recommendation for the
project. However, Staff has provided a draft resolution for approval (Attachment No. PC
1) as well as a draft resolution for denial (Attachment No. PC 2). The Planning
Commission may also approve the project with modified conditions of approval.
Environmental Review
If approved by the Planning Commission, this project is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing
Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3
because it has no potential to have a significant effect on the environment.
If denied by the Planning Commission, this Project is statutorily exempt from CEQA pursuant
to Section 15270 of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3. Projects which a public agency rejects or disapproves are not subject to CEQA
review.
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Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners and 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 meeting, 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.
Prepared by: Submitted by:
______________________
David Lee, Senior Planner
BMZ/dl
ATTACHMENTS
PC 1 Draft Resolution for Approval with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Parking Memorandum
PC 4 Newport Beach Police Department Memorandum
PC 5 Conditional Use Permit No. UP2018-013
PC 6 Applicant’s Project Description
PC 7 Project Plans
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Attachment No. PC 1
Draft Resolution for Approval with Findings
and Conditions
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RESOLUTION NO. PC2023-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA SUPERCEDING UP2018-
196 AND APPROVING A CONDITIONAL USE PERMIT AND
COASTAL DEVELOPMENT PERMIT TO ALLOW DANCING AND
LIVE ENTERTAINMENT WITH AN INCREASED OCCUPANT
LOAD AND WAIVER OF REQUIRED OFF-STREET PARKING
FOR AN EXISTING BAR LOCATED AT 121 MC FADDEN PLACE
(PA2022-0249)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mario Marovic (“Applicant”), concerning property located at 121
Mc Fadden Place, and legally described as Lots 15 and 16 of Block 21 of Newport Beach,
County of Orange, State of California, as per Map recorded in Book 3, Page 26 of
Miscellaneous Maps, in the office of the County Recorder of said County (“Property”).
2. The Applicant requests a conditional use permit (“CUP”) and a coastal development permit
(“CDP”) to increase the allowed occupant load from 260 to 290 of the existing bar
establishment (“Stag Bar”), waive the eight (8) required parking spaces, and to allow for
live entertainment and dancing between the hours of 11:00 a.m. and 2:00 a.m., daily. The
existing hours of operation for the Stag Bar are from 6:00 a.m. to 2:00 a.m., daily and are
not proposed to be modified (“Project”).
3. The Property is categorized Mixed-Use Water 2 (MU-W2) by the General Plan Land Use
Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2)
Coastal Zoning District.
5. A public hearing was held on August 3, 2023 in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given
in accordance with the California Government Code Section 54950 et seq. (“Ralph M.
Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach
Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is exempt from the California Environmental Quality Act (“CEQA”) under
Section 15301 under Class 1 (Existing Facilities) 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.
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Planning Commission Resolution No. PC2023-028
Page 2 of 18
01-17-23
2. Section 15301 exempts interior or exterior alterations involving interior partitions,
plumbing, and electrical conveyances. The Project is an increase in occupant load with
no additional floor area or exterior modifications, as well as the addition of live
entertainment and dancing. These additions are a negligible increase in current
operations.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030(C)(3) (Alcohol Sales) of the NBMC, the following findings
and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the
Zoning Code.
Facts in Support of Finding:
In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following
criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
1. The Property is located in Reporting District 15 (“RD 15”). At the time of review for
this Project, only 2021 crime statistics were available due to the State of California’s
transition in uniform crime reporting for compliance with Federal requirements. The
number of reported Part One Crimes within RD 15 in 2021 was 187 crimes, which is
a 17 percent increase from the 159 Part One Crimes within RD 15 recorded in 2018.
This amount is higher than adjacent reporting districts and the citywide average. Part
One Crimes are the eight most serious crimes defined by the FBI Uniform Crime
Report – homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto
theft, and arson. The higher crime rate is largely due to the number of visitors to the
Balboa Peninsula, the high concentration of restaurants, and the high ratio of
nonresidential to residential uses clustered in the commercial and mixed-use
districts. The McFadden Square area has historically been a business and recreation
hub for residents and tourists, drawing a large number of visitors year-round but
particularly in the summer months. While the area does have a high concentration
of alcohol licenses, this establishment maintains an existing license. Therefore, the
Project will not result in any increase in the number of alcohol licenses. The service
of alcoholic beverages provides menu options for customers and potentially
enhances the economic viability of the business, while the CUP and Operator
License will provide greater enforcement options.
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2. The Newport Beach Police Department (“NBPD”) has reviewed the proposal and has
provided appropriate conditions of approval, which are attached hereto as Exhibit
“A,” and incorporated herein by reference to this resolution. The operation of the
establishment includes the approved floor plan, business hours that are not
changing, a security plan, and the requirement to obtain an operator license. The
Operator License provides an additional tool for the NBPD to control the use,
especially should objectionable activities occur at the site.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. RD 15 has a higher number of arrests recorded in 2021, compared to adjacent
reporting districts. From January 1, 2021, through December 31, 2021, the NBPD
reported 582 arrests in RD 15. There were 12 arrests at the Property; however, not
every arrest was related to the Property and may have been related to a dispatch
event in the direct vicinity.
2. Fact in Support of Finding (A)(i)(2) is hereby incorporated by reference.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The Project site is in a mixed-use zoning district which is intended for residential
uses that are intermixed with nonresidential uses. The nearest residential zoning
district is located approximately 315 feet east of the Property, at the corner of West
Balboa Boulevard and 21st Street. However, the nearest residential units are located
10 feet across the side alley to the northwest of the Property in a mixed-use building.
2. The nearest recreational facilities, the beach and Newport Pier, are located
approximately 300 feet to the southwest of the Property. The nearest church, Our
Lady of Mount Carmel Church, is located approximately 0.5 miles to the east along
West Balboa Boulevard. The nearest school, Newport Elementary School, is located
0.7 miles to the east along West Balboa Boulevard. The nearest daycare center,
Children’s Center by the Sea, is approximately 0.6 miles to the east along West
Balboa Boulevard. The Project is surrounded by other commercial, retail, and office
uses on the ground level.
3. The Balboa Peninsula is generally characterized by a high number of visitors, in
which commercial and residential zoning districts are proximate to one another and
eating and drinking establishments with alcohol service are common. The included
conditions of approval will help minimize nuisances that the establishment could
have to surrounding uses and help to ensure that the use remains compatible with
the surrounding community.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
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1. The per capita ratio of one license for every 76 residents is higher than all adjacent
Census Tracts (except for Census Tract 629) and the citywide average. This is due
to the higher concentration of commercial land uses, many of them visitor-serving,
in McFadden Square, Lido Marina Village and Cannery Village, and lower number
of residential populations in the RD 15 area. Nearby establishments selling alcohol
include the Taco Bell Cantina, 21 Oceanfront, Dory Deli, Beach Ball, Blackie’s and
several others located in the McFadden Square area.
2. While the license-to-resident ratio is higher than average and the Property is
proximate to other establishments selling alcoholic beverages, the physical and
operational characteristics of the establishment would make the continuation of
alcoholic beverage sales appropriate at this location.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. No objectionable conditions are presently occurring at the Property.
2. A bar has been operating at the Property since the early 1900s. It was remodeled and
expanded in 2015, into an adjacent liquor store to include an enlarged kitchen and
outdoor patio dining area. With the proposed occupant load increase, the building will
continue to comply with all current California Building Code and California Fire Code
requirements.
3. All employees serving alcohol will be required to be at least 21 years of age, and
undergo, and successfully complete, Responsible Beverage Service (“RBS”) training.
Approval of this application will require the operator to obtain a new Operator License
pursuant to chapter 5.25 (Operator License for Establishments Offering Alcoholic
Beverages for On-Site Consumption in Combination with Late Hours, Entertainment,
and/or Dance) of the NBMC. The Operator License will provide enhanced tools to
control noise, loitering, litter, disorderly conduct, parking/circulation and other potential
disturbances that could result from the use, and will provide the NBPD with means to
modify, suspend, or revoke the operator’s ability to maintain late-hour operations.
Conditional Use Permit
In accordance with Section 20.52.020(F) (Use Permit, Required Findings) of the NBMC, the
following findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan land use category for the Property is Mixed-Use Water Related (MU-
W2). The MU-W2 designation applies to waterfront properties in which marine-related
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uses may be intermixed with general commercial, visitor-serving commercial, and
residential dwelling units on the upper floors. The bar was renovated and expanded in
2015, to include a larger kitchen and dining area, and is the primary occupant of the
Property. Although it was a nonconforming land use, it was determined to be consistent
with this land use designation with the previous CUP approval. Eating and drinking
establishment uses can be expected to be found in this area and similar locations and are
complementary to the surrounding commercial and residential uses.
2. The Project will not result in an increase in the floor area ratio; therefore, it is consistent
with the Land Use Element development limitations. The proposed dance floor is within
existing customer floor area.
3. The proposed occupant load increase from 260 to 290 persons is consistent with General
Plan Land Use Policy LU6.8.2 (Component Districts), which emphasizes that McFadden
Square should be utilized as one of the primary activity centers within the City. The
increase in occupant load will allow additional people to enjoy the existing eating and
drinking establishment as a visitor- and local-serving convenience. The addition of live
entertainment and dancing will also provide additional activities for residents and visitors
in the neighborhood. The occupant load increase has been reviewed by the City’s Fire
Department and Building Division and is consistent with all applicable code standards.
4. Eating and drinking establishments are common in the vicinity along the Balboa
Peninsula and are frequented by visitors and residents. The Stag Bar is compatible with
the land uses permitted within the surrounding neighborhood. The increased occupant
load, with live entertainment and dancing, will allow the Applicant to continue to improve
and revitalize the Property and the surrounding neighborhood.
5. The Property is not part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Property is in the Mixed-Use Water Related (MU-W2) Zoning District. The MU-W2
designation applies to waterfront properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial and residential dwelling
units on the upper floors. Since a bar is not listed as a permitted or a conditionally
permitted use within this district, the establishment is considered a nonconforming use.
However, a legal nonconforming use can be expanded subject to a CUP pursuant to
Section 20.38.050 (Nonconforming Uses) of the NBMC.
2. A bar has been operating at the Property since the early 1900s. It was expanded and
renovated in 2015, to add a kitchen, additional interior dining areas, and an outdoor patio
area at the expense of a retail liquor store with a CUP authorized by the Planning
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Commission in accordance with Section 20.38.050 (Nonconforming Uses) of the NBMC
which an expansion or intensification of legal nonconforming uses in nonresidential
zones subject to a conditional use permit.
3. Since the Property does not provide on-site parking, the Project is considered
nonconforming due to parking. The Project is considered an intensification of use.
However, per Sections 20.38.060 and 21.38.060 (Nonconforming Parking) of the
NBMC, nonresidential structures that do not provide the required number of parking
spaces may be enlarged up to ten (10) percent of its existing gross floor area, as long
as the required parking for the additional area is provided or a reduction in the number
of parking spaces is approved with compliance to the provisions in the Zoning Code and
Title 21. The Project’s request for increase in occupant load results in an increase in
required parking which is unavailable on-site. However, the Project does not physically
increase the floor area of the establishment and is requesting a waiver of the eight (8)
required spaces from the additional occupant load.
4. The Property does not provide on-site parking, but the proposed increase in occupant
load is not anticipated to change the parking demand significantly. The Applicant
provided a parking study for the Property in 2019 that was prepared by a qualified
professional, RK Engineering Group, Inc. RK Engineering has provided an updated
parking memorandum, dated June 9, 2023, which affirms that the 2019 study is valid. The
McFadden Square area is adequately served by the two adjacent municipal lots
throughout most of the year and the proximity to multiple commercial uses and coastal
resources will result in shared trips to the project site area.
5. Additional required findings have been made which support the Project’s compliance
with all applicable provisions of the NBMC, including findings for Alcohol Sales of
Section 20.48.030 (Finding A), Late-Hour Operations of Section 20.48.090 (Finding G),
and Coastal Development Permit of Section 21.52.015 (Findings H and I).
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. An existing condition of approval will remain which prohibits new patrons to enter after
1:00 a.m. and last call for alcohol service would occur at 1:30 a.m. The closing hour is
compatible with other late-night eating and drinking establishments in the area. The NBPD
has reviewed the proposed increase and has provided conditions of approval.
2. For flexibility, the Applicant has submitted two floor plans. One floor plan includes the
existing pool tables and an approximately 125 square-foot dance floor. The second-floor
plan shows the pool tables stored away and an approximate 230 square-foot dance
floor. Both plans have been reviewed and conceptually approved by Fire, Building, and
Public Works Departments.
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3. The Project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the eating and drinking
establishment is located approximately 10 feet from residential units across the alley to
the northwest, the building is oriented toward Newport and West Balboa Boulevards
away from the nearby mixed-use structures. The outdoor patio area is contained by the
hotel roof deck above and a 6 foot 1-inch-tall glass barrier. Activity from the
establishment will be buffered from the residential uses across Newport and West
Balboa Boulevards. The Applicant is also required to control trash and litter around the
Property.
4. The operational conditions of approval recommended by the NBPD relative to the sale
of alcoholic beverages, including an operator license, will help ensure compatibility with
the surrounding uses and minimize alcohol related impacts. The Project has been
conditioned to ensure the welfare of the surrounding community.
5. As part of a previous remodel, the Applicant installed a grease interceptor, provided a
wash-out area that drains to the sewer line, obtained Health Department approval prior to
opening for business, and complied with the California Building Code to ensure the safety
and welfare of customers and employees within the establishment.
6. The Property is in a relatively dense area with multiple uses within a short distance of
each other. The Mc Fadden Square area is conducive to a significant number of walk-
in patrons. The area experiences parking shortages in the daytime during the summer
months, but parking is typically available during the rest of the year. Two municipal
parking lots and on-street parking is available in the area to accommodate the proposed
use in the off-season months.
7. The Applicant provided a parking study for the Property in 2019 that was prepared by a
qualified professional, RK Engineering Group, Inc. RK Engineering has provided an
updated parking memorandum, dated June 9, 2023, which affirms that the 2019 study is
valid since it was obtained during typical pre-pandemic operating conditions and the study
area has not had any significant changes. With the proposed occupancy increase, the
memorandum provides a conservative calculation of 260 cars during the peak demand
time of 7 p.m., where there are 272 public parking spaces. The memorandum concludes
that there is sufficient parking within the surrounding area to allow the increase in
occupancy, especially with 87 percent of patrons utilizing alternative modes of
transportation to arrive at the establishment.
Finding:
E. 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.
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Facts in Support of Finding:
1. The Property is developed with an existing commercial building and the tenant space is
designed for an eating and drinking establishment. The design, size, location, and
operating characteristics of the use are compatible with the surrounding neighborhood.
The existing tenant space on the Property has historically been utilized by an eating and
drinking establishment and a liquor store, which was replaced by the bar’s expansion in
2015.
2. The Project has been reviewed by the City’s Fire, Public Works, and Building
Departments. Adequate public and emergency vehicle access, public services, and
utilities are provided to the Property. Any additional utility upgrades required for the
occupant load increase will be required at plan check and have been included in the
conditions of approval attached in Exhibit “A”.
3. A building permit is required prior to any occupant load increase. Any tenant
improvements to the Property will comply with all Building, Public Works, and Fire
Codes. All ordinances of the City and all conditions of approval will be complied with.
Finding:
F. 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:
1. The Project has been reviewed and includes conditions of approval to ensure that potential
conflicts with the surrounding land uses are minimized to the greatest extent possible. The
operator is required to take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding
the subject property and adjacent properties during business hours, if directly related to
the patrons of the establishment.
2. The establishment will continue to provide dining and entertainment as a public
convenience to the surrounding neighborhood and visitors to the area. This will continue
to help revitalize the Property and provide an economic opportunity for the Property
owner to update the building and surrounding area, which best serve the quality of life
for the surrounding visitor- and local-serving community.
3. The Project use is located in a district which is subject to a captive market that results
in shared trips, different peak periods for a variety of land uses, and a high level of
pedestrian and bicycle activity. These characteristics reduce the demand of the
expanded bar establishment and the number of parking spaces required to serve the
proposed use. Adequate parking is provided in the nearby municipal lots in the off-
season months and summer weekdays to accommodate the proposed use.
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4. The triangular outdoor patio area is open on only one side facing eastward towards
Newport and West Balboa Boulevards and is delineated by a 6-foot-1-inch tall glass
barrier to provide sound attenuation. The increased occupant load is not anticipated to
increase noise, as the additional persons are calculated for inside the bar area. The
occupant load of the outdoor dining area will not increase as part of the Project.
Late-Hour Operations
Pursuant to Section 20.48.090(G)(3)(a) (Late-Hour Operations) of the NBMC, the Planning
Commission must consider the following potential impacts upon adjacent or nearby uses when
reviewing an application to allow late-hour operations:
Findings:
G. In accordance with Section 20.52.020(F) (Use Permit, Required Findings) of the NBMC, the
following findings and facts in support of such findings are set forth:
i. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses
and activities;
ii. High levels of lighting and illumination;
iii. Increased pedestrian and vehicular traffic activity during late and early morning hours;
iv. Increased trash and recycling collection activities.
v. Occupancy loads of the use.
vi. Any other factors that may affect adjacent or nearby uses.
Facts in Support of Finding:
1. The Project includes a dance floor and live entertainment in the form of a DJ, solo
performer, or small band. The Project has been conditioned so that exterior doors and
windows are closed after 10 p.m., except for ingress and egress purposes.
2. While the closing time for the establishment is 2 a.m., the Project is conditioned with an
“exit-only” policy at 1 a.m., which means that no new patrons are allowed to enter
starting at 1 a.m. Additionally, a condition of approval is included to limit the last service
for alcohol at 1:30 a.m. These constraints are intended to result in an earlier dispersion
of patrons from the Property and reduce noise issues.
3. No new lighting is proposed on the building. There is existing and adequate outdoor
lighting within the adjacent municipal parking lot located at the front of the
establishment.
4. The existing establishment currently operates until 2 a.m. with a maximum of 260
occupants. The revised operation would increase the number of occupants to 290
persons, which may result in an increase of pedestrian and vehicular activity.
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According to the parking survey conducted by RK Engineering Group, Inc., 87 percent
of the patrons utilize alternative modes of transportation to the Property, with a
majority using rideshare services such as Uber or Lyft. With most of the patrons
utilizing alternative modes of transportation, the increase of pedestrian and vehicular
activity is not expected to increase significantly.
5. Fact in Support of Finding D.7 is hereby incorporated as reference.
6. A trash enclosure is not currently provided on-site due to limited space. However, the
Applicant has an existing agreement with the adjoining property owner to utilize a shared
trash area behind the Café Il Farro restaurant. As conditioned, the Applicant will be
required to maintain the trash area such that odors are controlled appropriately. Should
the existing trash area be determined by the City in the future to be inadequate, the
Applicant will be required to increase the frequency of pickups.
7. The increase in occupancy from 260 to 290 persons is not expected to significantly
increase trash and recycling collection activities.
8. The Applicant is proposing a maximum occupancy load of 290 persons, which is an
increase from the current maximum of 260 persons. The City’s Building and Fire
departments have reviewed this request and have approved the proposed project plans
which includes the proposed maximum occupancy.
Coastal Development Permit
In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and
Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
H. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Property is in the Coastal Zone and the Project requires a coastal development
permit in accordance with Section 21.52.035(C)(2) (Projects Exempt from Coastal
Development Permit Requirements) of the NBMC. The Project includes an increase in
maximum occupancy load from 260 to 290 persons, which requires an additional parking
demand of 8 parking spaces. Therefore, the Project constitutes as development in the
coastal zone and requires a coastal development permit.
2. The Project includes an existing bar, which is a nonconforming use in the MU-W2 coastal
zoning district. The property has been used as a bar since the early 1900s. Per NBMC
Section 21.38.050 (Nonconforming Uses), nonconforming uses may be expanded or
intensified if such new development does not increase the degree of the use’s
nonconformity. The Project does not include an expansion of floor area or exterior
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modifications. The Project does include an increase in the maximum occupancy load,
which was previously conditioned to be 260 persons. However, the existing building is able
to hold the proposed occupancy of 290 persons without significant alterations.
3.The Project does not include any physical expansion or exterior alteration to the Property.
The Project includes new components such as live entertainment and dancing, which
necessitates existing pool tables to be relocated and to use existing customer area for a
dance floor.
4.With the addition of live entertainment and dancing, the use will remain primarily a bar, a
use that is 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.
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 the public to
visit coastal areas and provides an added amenity for visitors. The Project does not
contain ESHA, wetlands, or sandy beach area.
6.The Property is located approximately 400 feet from the Newport Pier, which is a
designated public viewpoint in the Coastal Land Use Plan and offers public views of the
beach and ocean. The Project is to increase the existing occupant load and include
dancing and live entertainment, and does not include a physical expansion or alteration to
the existing building. The Property will maintain the original building envelope, which is
consistent with the existing Mc Fadden Square pattern of development. Therefore, the
Project does not have the potential to degrade the visual quality of the Coastal Zone or
result in significant adverse impacts on public views.
Finding:
I.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.
Facts in Support of Finding:
1.The Property is 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 adjacent to a lateral
access to the coast (West Ocean Front board walk), as well as public beach access points
on 22nd Street and the Newport Pier. The Project does not include physical alterations to
the exterior or expansion in floor area which would obstruct existing access points the
beach or pier.
2.The additional 8-parking-space demand generated by the increase of 30 occupants is
not expected to interfere with visitors to the beach, as the Property is more frequently
visited in the evening and early morning hours (until 2:00 a.m.). According to the
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provided parking survey, the peak times for visitors to the establishment are from
7:00 p.m. to midnight. Visitors coming to the beach typically come in the daytime when
the establishment does not typically generate high traffic.
3. The addition of dancing and live entertainment at the establishment serve as an
additional attraction for visitors to the city and encourage more activity in the pier area
during evening hours.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Project is
categorically exempt from the California Environmental Quality Act under Section 15301
under Class 1 (Existing Facilities) 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. 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 by the provisions of Title 21 Local Coastal Implementation Plan, of
the NBMC. 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.
3. This resolution supersedes UP2018-013 approved pursuant to Resolution No. PC2019-
018, which upon vesting of the rights authorized by this conditional use permit, coastal
development permit, and operator license, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF AUGUST, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
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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 project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused the revocation of this Use
Permit.
4. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC.
5. This Use Permit and Coastal Development Permit may be modified or revoked by the
Planning Commission should they determine that the proposed uses or conditions under
which it is being operated or maintained are detrimental to the public health, welfare, or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained to constitute a public nuisance.
6. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require an amendment to this Use Permit and Coastal
Development Permit or the processing of a new Use Permit and Coastal Development
Permit.
7. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans before issuance of the
building permits.
8. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, in the opinion of the Director
of Community Development, the illumination creates an unacceptable negative impact
on surrounding land uses or environmental resources. The Director may order the
dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
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9. Before the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
10. 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 periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
11. 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 leasing agent.
12. The hours of operation for the bar shall be limited to between 6 a.m. and 2 a.m., daily;
however, no new patrons shall be allowed to enter the bar after 1 a.m. and last call for
alcohol service shall occur at 1:30 a.m. The Applicant shall be responsible for
encouraging patrons to vacate the premise in a timely manner.
13. Live entertainment shall be limited to between the hours of 11 a.m. and 2 a.m., daily,
and all performances shall be located as indicated on the approved project floor plans.
14. Dancing shall be limited to between the hours of 5 p.m. and 2 a.m., daily. The dance
floor shall be located as indicated on the approved project floor plans and shall not be
relocated or expanded without an amendment to the conditional use permit and coastal
development permit.
15. All doors and windows of the facility shall remain closed after 10 p.m. except for the ingress
and egress of patrons and employees.
16. The occupant load for customers (not including employees) of the eating and drinking
establishment shall not exceed 290 persons, including the outdoor patio area, subject
to compliance with the California Building Code (“CBC”) and the approval of the Building
Division. A building permit is required prior to any occupant load increase.
17. 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 Saturdays, Sundays, or Holidays.
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18. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility.
19. The Applicant is responsible for washing the adjacent sidewalk area in front of the entire
linear frontage of the building at an appropriate frequency to ensure it is kept clean.
20. 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).
21. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of
Community Development and may require an amendment to this Use Permit.
22. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
23. A Special Events Permit is required for any event or promotional activity outside the
normal operating 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.
24. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 Stag Bar Occupant Load Increase and Dancing including,
but not limited to, a conditional use permit, coastal development permit, and operator
license (PA2022-0249). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred
in connection with such claim, action, causes of action, suit, or proceeding whether
incurred by the Applicant, City, and/or the parties initiating or bringing the such proceeding.
The Applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages
that which City incurs in enforcing the indemnification provisions outlined in this condition.
The Applicant shall pay to the City upon demand any amount owed to the City under the
indemnification requirements prescribed in this condition.
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01-17-23
Building Division
25. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. 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 before the issuance of a building permit.
26. The Applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off-road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
27. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored, or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of stormwater away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
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01-17-23
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
28. Prior to implementing any increased occupant load, the Applicant shall apply for and obtain
a building permit for the increase.
29. Immediately after building permit final, the Applicant shall ensure a new certificate of
occupancy is issued and posted on-site in a conspicuous location.
30. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
31. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
32. 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 are
prohibited unless there is an emergency. All exits shall remain free of obstructions and
available for ingress and egress at all times.
Police Department
33. The operator of the establishment shall secure and maintain an operator license
pursuant to NBMC Chapter 5.25 (Operator License for Establishments Offering
Alcoholic Beverages for On-Site Consumption with Late Hours, Entertainment, and/or
Dance).
34. The Operator License required to be obtained pursuant to NBMC Chapter 5.25 may be
subject to additional and/or more restrictive conditions such as a security plan to regulate
and control potential late-hour nuisances associated with the operation of the
establishment.
35. 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.
36. 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 NBMC Chapter 10.26 (Community Noise Control) and other
applicable noise control requirements of the NBMC. Pre-recorded music may be played
in the tenant space, provided exterior noise levels outlined below are not exceeded. The
noise generated by the proposed use shall comply with the provisions of NBMC Chapter
10.26.
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01-17-23
37. The exterior of the business 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. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
39. 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.
40. 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 is
prohibited.
41. 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 within 60 days of hire. This training program must be
updated every three years regardless of certificate expiration date. The certified program
must meet the standards of the certifying/licensing body designated by the State of
California. The establishment shall comply with the requirements of this section within
60 days. 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.
42. Strict adherence to maximum occupancy limits is required. Security staff shall be posted
at each entrance and must keep an accurate occupant load count. Security staff shall
provide that count to City officials on command.
43. A revised comprehensive security plan that includes one additional security guard due
to the increase in customer occupancy count for the eating establishment shall be
submitted for review and approval by the NBPD. The procedures included in the security
plan shall be implemented and adhered to for the life of the Conditional Use Permit.
There shall be at least one security staff member on duty for every 50 patrons after 10
p.m. or while live entertainment and/or café dance is being conducted. There shall
further be at least four security staff members on duty Friday and Saturday evenings
after 10 p.m. or while live entertainment and/or café dance is being conducted. At least
one security staff member shall be posted at each entrance. All security staff must
possess a guard card and be trained in responsible beverage service. After 2 a.m.
closing, there shall be at least two security staff members posted outside to deter any
potential problems until the crowd has dispersed from the immediate area.
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Attachment No. PC 2
Draft Resolution for Denial
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RESOLUTION NO. PC2023-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING THE REQUEST
FOR A CONDITIONAL USE PERMIT AND COASTAL
DEVELOPMENT PERMIT TO ALLOW DANCING AND LIVE
ENTERTAINMENT WITH AN INCREASED OCCUPANT LOAD
AND WAIVER OF REQUIRED OFF-STREET PARKING FOR AN
EXISTING BAR LOCATED AT 121 MC FADDEN PLACE (PA2022-
0249)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mario Marovic (“Applicant”), concerning property located at 121
Mc Fadden Place, and legally described as Lots 15 and 16 of Block 21 of Newport Beach,
County of Orange, State of California, as per Map recorded in Book 3, Page 26 of
Miscellaneous Maps, in the office of the County Recorder of said County (“Property”).
2. The Applicant requests a conditional use permit (“CUP”) and a coastal development permit
(“CDP”) to increase the allowed occupant load from 260 to 290 of the existing bar
establishment (“Stag Bar”), waive the eight (8) required parking spaces, and to allow for
live entertainment and dancing between the hours of 11:00 a.m. and 2:00 a.m., daily. The
existing hours of operation for the Stag Bar are from 6:00 a.m. to 2:00 a.m., daily and are
not proposed to be modified (“Project”).
3. The Property is categorized Mixed-Use Water 2 (MU-W2) by the General Plan Land Use
Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2)
Coastal Zoning District.
5. A public hearing was held on August 3, 2023, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given
in accordance with the California Government Code Section 54950 et seq. (“Ralph M.
Brown Act”) and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach
Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this hearing.
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01-17-23
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This Project is statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant
to Section 15270 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. REQUIRED FINDINGS.
In reviewing a request for a CUP and accompanying CDP for an establishment that sells and
serves alcohol, includes live entertainment and a dance floor, and late hours, the review
authority must make the findings in Sections 20.52.020(F) (Conditional Use Permits, Findings
and Decision), 20.48.030(C)(3) (Alcohol Sales), 20.48.090(F)(3)(a) (Late-Hour Operations),
and 21.52.015(F) (Coastal Development Permit, Findings and Decisions) of the NBMC. In this
case, the Planning Commission has determined the request cannot be granted for the following
reasons:
1. The Property is located in the Mc Fadden Square area from the Newport Pier to 23rd
Street, where there are 18 establishments with alcoholic beverage sales, which is
considered an area that is significantly oversaturated with ABC licenses.
2. The Property is located in the Newport Beach Police Department (“NBPD”) Reporting
District 15 (“RD 15”), which is the highest crime area in Newport Beach with significant
quality-of-life concerns for the residents, as well as the NBPD. RD 15’s ABC crime count
is 647, which is 541 percent over the citywide average crime count of 101. Since this
area has a 20 percent greater number of reported crimes than the citywide average
number of reported crimes, the area is found to have undue concentration. In
comparison, RD13 is 43 percent above the citywide average, RD 14 is 82 percent below,
and RD 16 is 22 percent higher.
3. The Project components of live entertainment and dancing in conjunction with alcohol
sales and late hours create a nightclub-like establishment in an already oversaturated
and crime-impacted neighborhood. These establishments tend to generate more police
calls for services than establishments without live entertainment and dancing.
4. The Project would increase the burden on police resources and exacerbate current
quality of life challenges for residents, visitors, and businesses. The increase in
occupant load for the establishment could serve to increase the number of alcohol-
impaired individuals exiting the bar at 2:00 a.m., which would generate additional public
safety concerns in the already-impacted neighborhood.
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5. The Property does not include on-site parking, but instead relies on adjacent municipal
parking lots and on-street parking. The additional occupant load of 30 persons increases
the parking demand for the Property from 73 to 81 spaces, resulting in a need to reduce
the requirement by 8 additional required spaces. A parking memorandum provided by
RK Engineering Group, Inc. on June 9, 2023 shows that, with the increased parking
demand generated from the occupant load increase, 260 out of 272 parking spaces are
expected to be occupied during peak hours, which is 96 percent of the parking supply.
The additional parking required by the increased occupant load would unnecessarily
burden the existing parking supply in the neighborhood.
6. The additional 8-parking-space demand generated by the increase of 30 occupants
could interfere with visitors to the beach. The Property is located in a heavily-traveled
coastal area that includes multiple visitor-serving amenities and a wide sandy beach
area. Although the addition of dancing and live entertainment at the establishment would
serve as an additional attraction for visitors to the city, it would create an additional
deficiency of available parking and be detrimental to coastal access for visitors.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies the CUP and CDP
filed as PA2022-0249.
2. 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 by 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 3RD DAY OF AUGUST, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
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01-17-23
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
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Attachment No. PC 3
Parking Memorandum
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June 9, 2023
Mr. Mario Marovic
LOUNGE GROUP
121 McFadden Place
Newport Beach, CA 92663
Subject: The Stag Bar + Kitchen Parking Review, City of Newport Beach
Dear Mr. Marovic:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide a parking review for the Stag Bar
+ Kitchen. The project is located at 121 McFadden Place in the City of Newport Beach.
Representatives of the project are seeking approval to allow live entertainment and dance
floor area inside the restaurant. As a result, the current application is seeking an increased
occupancy load for customers from 260 to 290 patrons, which represents a 30-patron
increase. It should be noted that the project will not increase in physical size
(square feet). The only change is the proposed occupancy increase with the
addition of the live entertainment and dance floor area. Based on the increase in
customers, a parking review is being provided to ensure that adequate parking is available.
Parking is provided by adjacent public city parking lots and on-street parking. Additionally,
the McFadden Square/Newport Pier area is historically accessed by a mix of pedestrians,
bicyclists, and users of public transportation, and rideshare services in addition to private
vehicles. Due to the many destinations in the area and the availability of public parking,
noncaptive parking is very common. Noncaptive parking occurs when visitors or employees
are already parked and visit more than one destination.
The restaurant serves casual American style food and includes a bar which includes local
craft beer, cocktails, wine, etc. The operating hours of the use are Monday - Friday 10:00
AM to 2:00 AM and Saturday – Sunday 9:00 AM – 2:00 AM
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LOUNGE GROUP
RK 17899.1
Page 2
History
RK completed the “The Stag Bar + Kitchen Parking and Patron Survey, City of Newport
Beach” dated April 30, 2019 (attached). This report was approved by the Planning
Commission on June 30, 2019. At that time, the Stag Bar + Kitchen was conditioned to
have a maximum occupancy of 207 persons. The parking study reflects the requested
occupancy increase to 260 people, which represents a 53-patron increase.
As noted on page 2 of the 2019 report, the applicant was seeking the occupancy increase
primarily because it was common for more than 50 customers to form a line outside of the
building to get into the restaurant during peak operating times. Therefore, if they drove a
vehicle to the site, they are already park in the surrounding parking lots. It should be noted
that the 2019 project did not increase in size and did not change from its existing use. The
only change is the proposed occupancy increase. Since the additional patrons were already
onsite, the 2019 observed parking study accounts for the increase of 53-patrons in the
parking demand.
Parking Analysis
Pursuant to NBMC Section 20.40.040 (Off-Street Parking Spaces Required), a bar requires
one parking space for each four persons based on allowed occupant load and the hotel use
requires one parking space per hotel unit for a total parking requirement of 73 parking
spaces for the existing development. The current applicant is requesting an increase in
customer occupancy to 290 patrons. Considering the occupancy load increase of 30-
patrons, the site requires a total of 81 parking spaces which equates to an increase of 8
parking spaces as identified in the table on the next page.
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RK 17899.1
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Occupancy/
Keys
Parking
Code
Parking
Requirement
The Stag Bar+ Kitchen 260 1 per 4 persons 65
Hotel 8 Keys 1 per room 8
73
Occupancy/
Keys
Parking
Code
Parking
Requirement
The Stag Bar+ Kitchen 290 1 per 4 persons 73
Hotel 8 Keys 1 per room 8
81
8
Proposed Conditions
Existing Conditions
Total
Total
Existing & Proposed
Net Increase of Required Parking
City of Newport Beach Section 20.40.040 (Off-Street Parking Spaces Required), Table 3-10.
As previously noted, RK provided “The Stag Bar + Kitchen Parking and Patron Survey”
document dated April 30, 2019 (which is attached). The objective of the analysis was to
determine what modes of transportation are most prevalent for patrons of the
establishment and to determine the existing parking demand near the site.
This new parking analysis builds upon the 2019 document. The 2019 survey is valid
because the data was obtained during typical pre-pandemic operating conditions and the
study area has not had any significant changes.
The results of the mode of transit survey concluded that just 13% of patrons drove an
individual car and parked near the Stag Bar + Kitchen. As a result, 103 non parkers or 87%
utilized an alternative mode of transportation (bicycle, taxi / Uber/ Lyft, walk, and
miscellaneous). The highest modal use recorded was Taxi, Uber, or Lyft which represented
76% of all patrons surveyed.
If we apply the 30-patron increase of occupancy load to all self-parkers (13%) identified in
the 2019 survey, a total parking demand of 4 parking spaces are needed (30-patrons X
13% = 4 parking spaces).
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RK 17899.1
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RK’s 2019 parking analysis also included an observed parking study conducted within the
vicinity of the Stag Bar+ Kitchen. The study area included a total of 272 paid public
parking spaces. Based on the results of the observed parking survey, the peak parking
demand occurred at 7:00 PM when a total of 252 cars were parked within the study area.
As a result, the parking lot was 93% occupied at this time.
As a conservative calculation, when applying the City’s parking requirement of eight (8)
additional parking spaces based on the occupancy load increase, the results of the
observed parking demand data indicate a peak parking demand at 7:00 PM when a total
of 260 cars were parked within the study area. As a result, the parking lot is projected to
be 96% occupied at this time as identified in the table below:
Parking Inventory
272
Number of
Occupied Parking
Spaces within
Study Area
Add Increase
of Occupancy
Total Projected
Parking Demand
Percent
Occupied
(272 Spaces)
5:00 PM 228 8 236 87%
6:00 PM 231 8 239 88%
7:00 PM 252 8 260 96%
8:00 PM 238 8 246 90%
9:00 PM 225 8 233 86%
10:00 PM 239 8 247 91%
11:00 PM 222 8 230 85%
12:00 AM 231 8 239 88%
1:00 AM 195 8 203 75%
2:00 AM 103 8 111 41%
Based on applying the parking requirement of 8 additional parking spaces to the observed
parking counts, the parking area located near the Stag Bar + Kitchen has enough parking
space available to accommodate the project and all other local uses utilizing the parking
area.
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The observed parking calculation above is a conservative estimate. The parking lots serving
the local restaurants, bars, hotels, etc., are shared by all users and generally have peak
parking demands that do not occur simultaneously. Furthermore, as indicated in RK’s 2019
patron survey, a very large majority (approximately 87%) of customers are not utilizing the
parking lot. The location lends itself well to pedestrians, bicycles, and a variety of ride hail
services. As a result, the net effect of the increase in load capacity is expected to have a
nominal impact on the parking demand.
Conclusion
Based on the findings of this analysis, it is anticipated that the customer occupancy
expansion to 290 people with the live entertainment and dance floor areas will not have a
negative impact on the public parking areas near the project site. The analysis concluded
that there are adequate parking spaces available during the peak occupancy times of the
Stag Bar + Kitchen.
Based on the results of the transit survey, approximately 87% of the customers are utilizing
alternative modes of transportation and not driving and parking vehicles at the site.
Therefore, it can be concluded that given the high demand for alternative modes of
transportation users at the site, the proposed occupancy increase will have a nominal
impact on parking in the surrounding areas.
RK Engineering Group, Inc. appreciates this opportunity to work with the Lounge Group on
this Stag Bar + Kitchen project. If you have any questions regarding this review or need
further clarification, please contact us at (949) 474-0809.
Sincerely,
RK ENGINEERING GROUP, INC.
Rogier Goedecke
President
Attachment: “The Stag Bar and Kitchen Parking and Patron Survey” Dated 2019
rk17899.doc / JN:2383-2023-01
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April 30, 2019
Mr. Mario Marovic
LOUNGE GROUP
121 McFadden Place
Newport Beach, CA 92663
Subject: The Stag Bar and Kitchen Parking and Patron Survey,
City of Newport Beach
Dear Mr. Marovic:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide a parking and patron survey for
the Stag Bar and Kitchen. The project is located at 121 McFadden Place in the City of
Newport Beach. The location map is provided in Exhibit A.
The project has been in operation since 2013. The restaurant serves casual American style
food and includes a bar which includes local craft beer, cocktails, wine, etc. The operating
hours of the use are Monday – Friday 11AM to 2AM and Saturday – Sunday 9AM to 2AM.
Based on information provided by representatives of the project, the peak number of
patrons typically occurs from 11:00 PM to 1:30 AM on both Friday and Saturday evenings.
During peak times, it is common for more than 50 customers to form a line outside and
wait to enter the Stag Bar and Kitchen. Also, at this time, many of the local retailers and
attractions have closed. As a result, the project lends itself to a shared parking concept
because its peak hours are not in conflict with uses that peak at other times of the day.
Therefore the overall parking demand is reduced.
It should be noted that RK previously provided “The Stag Bar and Grill Parking Review”
document dated December 9, 2013 to the City of Newport Beach to determine the parking
ramifications of the proposed project. At this time, a “Mode of Transit” survey was
conducted in order to determine the methods of transportation patrons utilized to arrive
and depart at the site. The results of the survey indicated that approximately 70% of Stag
Bar and Kitchen patrons utilized an alternative transportation method (Uber, Lyft, taxi,
walk, bicycle, etc.) and did not park a vehicle to arrive at the site.
Based on information provided by representatives of the project, the maximum occupancy
of the Stag Bar and Kitchen is approximately 300 persons. However, when the use was
approved by the City of Newport Beach, the Stag Bar and Kitchen was conditioned to have
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a maximum occupancy of 207 persons. The applicant is now seeking to expand the total
occupancy to 260 persons which represents a 57 patron increase. (The applicant is seeking
the increase primarily because as previously mentioned; it is common for more than 50
customers to form a line outside of the building to get into the restaurant during peak
operating times.). Therefore, if they drove a vehicle to the site they are already parked in
the surrounding parking lots. It should be noted that the project will not increase in size
and will not change from its existing use. The only change is the proposed occupancy
increase.
Scope of Work and Objectives
As a result of the proposed occupancy expansion, the City of Newport Beach is requesting
an updated parking “Mode of Transit Survey” and an observed parking count during a
typical Friday evening from 5PM to 2AM at one hour intervals within the public parking
area in proximity of the Stag Bar and Kitchen. The primary objective of the review is to
determine if the increase of patron occupancy will have a negative impact on the public
parking areas near the project site.
Prior to initiating the analysis, the scope of work for the parking review was discussed with
Mr. Benjamin Zdeba (City of Newport Beach, Associate Planner).
Location and Modal Options
The project is located within walking distance to dozens of retail, commercial, restaurant,
bar, tourist attractions, etc. Metered public parking is provided and is generally shared
globally with other tenants in the area. Additionally the location of the development is
convenient for pedestrian, public transit and bicycle traffic during all times of the year.
These modes of transit reduce the parking demand for the project. The peak parking
demand for this location typically occurs during June, July, and August.
Due to the many destinations in the area and the availability of public parking, noncaptive
parking is very common. Noncaptive parking occurs when visitors or employees are already
parked and visit more than one destination. For example, a visitor can dine at a restaurant
and then choose to shop at a retail store or grab an ice cream. Therefore, there is not an
additional parking demand being generated by each visit to each use.
Furthermore, based on an article published by the Orange County Register in December of
2017, “New Year’s Eve Ridesharing: Uber and Lyft say these are the most popular bars and
restaurants in Orange County 2017”, the Stag Bar and Kitchen was listed as the top
location for drop-offs and pick-ups by Uber and Lyft. This data also supports the 2013
Mode of Transit Survey that indicated that 70% of patrons arrived at the Stag Bar and
Kitchen utilizing an alternative mode of transportation instead of driving their own vehicle.
Utilizing transit options like Uber and Lyft eliminate the need for parking a vehicle. As a
result, it reduces the overall parking demand in the local parking areas.
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A copy of the Orange County Register article is available in Appendix A.
“Mode of Transit” Survey
High volumes of pedestrian, Uber / Lyft, and bicycle activity are common for this location
and therefore reduce the parking demand for the project. In order to determine the modal
options utilized by patrons, a survey was conducted on Friday, April 26 and Saturday April
27 from 5:00 PM to 2:00 AM.
A total of 119 patrons were asked, as they entered the Stag Bar and Kitchen, which mode
of transportation was utilized to travel to the site. The options were:
1. Individually Drive (Self-Park)
2. Bicycle
3. Taxi / Uber / Lyft
4. Walk
5. Miscellaneous (Public Transit)
Parked
Vehicle Bike
Taxi / Uber
/ Lyft Walk Misc Total
Recorded Data Points 6 4 21 4 0 35
Percentage of Total 17% 11% 60% 11% 0% 100%
Recorded Data Points 10 1 70 3 0 84
Percentage of Total 12% 1% 83% 4% 0% 100%
Recorded Data
Points 16 5 91 7 0 119
Percentage of Total 13% 4% 76% 6% 0% 100%
Date of Survey
Modes of Transportation Utilized
Friday, April 26, 2019
Saturday, April 27, 2019
Grand Total
Survey Findings
2019 Survey
The results of the mode of transit survey concluded that just 13% of the patrons drove
an individual car and parked near the Stag Bar and Kitchen. As a result, 103 non-
parkers or (87%) utilized an alternative mode of transportation (bicycle, taxi / Uber/ Lyft,
walk, and miscellaneous). The highest modal use recorded was Uber or Lyft which
represented 76% of all patrons surveyed.
2019 Compared to 2013 Survey
When comparing the results of the 2019 survey to the results of the 2013 survey, it can
be determined that Uber and Lyft use has significantly increased by 58%. Also, the
percentage of patrons parking onsite has been reduced by 17%.
50
4
Based on the results of the transit survey, approximately 87% of the visitors are utilizing
alternative modes of transportation and not driving and parking vehicles at the site.
Therefore, it can be concluded that given the high demand of non-parkers at the site, the
proposed occupancy increase will have a nominal impact on parking in the surrounding
areas.
The results of the 2019 and 2013 patron surveys are provided in Appendix B.
Observed Parking Demand Survey
Actual observed parking demand counts were conducted within a reasonable walking
distance to the Stag Bar and Kitchen on Friday, April, 26 2019 from 5:00 PM to 2:00 AM
at one hour intervals. The public metered parking spaces serve dozens of restaurants, bars,
retail stores, tourist destinations etc. within the area.
The study area is indicated in Exhibit B and consists of approximately 272 metered public
parking spaces.
The table below identifies the hourly parking demand within the study area.
Observed Parking Demand Counts
Friday, April 26 2019
Parking Inventory
272
Number of Occupied
Parking Spaces within
Study Area
Percent Occupied
5:00 PM 228 84%
6:00 PM 231 86%
7:00 PM 252 93%
8:00 PM 238 88%
9:00 PM 225 83%
10:00 PM 239 89%
11:00 PM 222 82%
12:00 AM 231 86%
1:00 AM 195 72%
2:00 AM 103 38%
Based on the results of the observed parking survey, the peak parking demand occurred at
7:00 PM when a total of 252 cars were parked within the study area. As a result, the
parking lot was 93% occupied at this time.
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It should be noted that the peak operating hours of the Stag Bar and Kitchen typically
occur from 11PM to close. As indicated in the parking survey, there are sufficient parking
spaces available during these hours. It is also worth noting that at this time, it is common
for more than 50 customers to form a queue outside of the Stag Bar and Kitchen to get in.
Therefore, the parking demands of the patrons that have opted to park their own vehicles
onsite and are waiting in line are already included in the observed parking survey.
Conclusion
Based on the data collected via the Mode of Transit Survey and the observed parking
survey, it is anticipated that the occupancy expansion to 260 persons will not have a
negative impact on the public parking areas near the project site. The number of patrons
utilizing Uber/Lyft and other alternative modes of transit besides a single occupancy vehicle
has increased by 17% since the 2013 survey. Furthermore, the observed parking survey
concluded that there are adequate parking spaces available during the peak occupancy
times of the Stag Bar and Kitchen.
RK Engineering Group, Inc. appreciates this opportunity to work with the Lounge Group on
this Stag Bar and Kitchen project. If you have any questions regarding this review or need
further clarification, please contact us at (949) 474-0809.
Sincerely,
RK ENGINEERING GROUP, INC.
Rogier Goedecke
President
Attachments
RG:sl/rk15265.doc
JN:2383-2019-02
52
Exhibits
53
engineeringgroup, inc.THE STAG BAR AND KITCHEN PARKING AND PATRON SURVEY, City of Newport Beach, CA
2383-2019-01 engineering
Location MapExhibit A
N
SITE
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group, inc.engineering
Parking Study AreaExhibit B
N
THE STAG BAR AND KITCHEN PARKING AND PATRON SURVEY, City of Newport Beach, CA
2383-2019-01 55
Appendices
56
Appendix A
“New Year’s Eve Ridesharing: Uber and Lyft
say these are the most popular bars and restaurants in Orange County 2017”
Orange County Register
December 2017
57
4/23/2019 New Year’s Eve ridesharing: Uber and Lyft say these are the most popular bars and restaurants in Orange County for 2017 – …
https://www.ocregister.com/2017/12/29/uber-and-lyft-say-these-are-the-most-popular-bars-and-restaurants-in-orange-county/1/5
By By NANCY LUNANANCY LUNA | | nluna@scng.comnluna@scng.com | Orange County Register | Orange County Register
PUBLISHED: PUBLISHED: December 29, 2017 at 1:00 pmDecember 29, 2017 at 1:00 pm | UPDATED: | UPDATED: December 29, 2017 at 1:51December 29, 2017 at 1:51
pmpm
AP Photo/Richard VogelAP Photo/Richard Vogel
Which restaurants and bars are popular spots for Lyft and Uber drivers ? Check outWhich restaurants and bars are popular spots for Lyft and Uber drivers ? Check out
our list. (Register file photo)our list. (Register file photo)
THINGS TO DOTHINGS TO DORESTAURANT REVIEWS + FOODRESTAURANT REVIEWS + FOOD
New Year’s Eve ridesharing: UberNew Year’s Eve ridesharing: Uber
and Lyft say these are the mostand Lyft say these are the most
popular bars and restaurants inpopular bars and restaurants in
Orange County for 2017Orange County for 2017
58
4/23/2019 New Year’s Eve ridesharing: Uber and Lyft say these are the most popular bars and restaurants in Orange County for 2017 – …
https://www.ocregister.com/2017/12/29/uber-and-lyft-say-these-are-the-most-popular-bars-and-restaurants-in-orange-county/2/5
Top 10 Bars Top 10 Bars (Uber) (Uber)
Where are you ringing in the New Year? According to Uber and Lyft, you’ll likelyWhere are you ringing in the New Year? According to Uber and Lyft, you’ll likely
be hanging out at the Stag Bar in Newport Beach, Karl Strauss in Costa Mesa orbe hanging out at the Stag Bar in Newport Beach, Karl Strauss in Costa Mesa or
hipster lounge The Bungalow in Huntington Beach.hipster lounge The Bungalow in Huntington Beach.
Those three Orange County venues rank high for both drop-offs and pick-ups,Those three Orange County venues rank high for both drop-offs and pick-ups,
according to data crunched by ride-sharing rivals Uber and Lyft. In a survey ofaccording to data crunched by ride-sharing rivals Uber and Lyft. In a survey of
rides for 2017, Lyft said Orange County’s rides for 2017, Lyft said Orange County’s most visited restaurant is Karl Strauss inmost visited restaurant is Karl Strauss in
Costa Mesa, while Stag BarCosta Mesa, while Stag Bar in Newport Beach is the most visited bar. in Newport Beach is the most visited bar.
The Bungalow in Huntington Beach and Stag Bar, however, are among the topThe Bungalow in Huntington Beach and Stag Bar, however, are among the top
two bars where customers request a pick up, according to Uber.two bars where customers request a pick up, according to Uber.
Where do other restaurants and bars rank for 2017? Here’s the rundown.Where do other restaurants and bars rank for 2017? Here’s the rundown.
Mike Magnuson and Kristen Adams share a drink at the Stag Bar & Kitchen, a greatMike Magnuson and Kristen Adams share a drink at the Stag Bar & Kitchen, a great
place for a cup of holiday cheer.place for a cup of holiday cheer.
59
4/23/2019 New Year’s Eve ridesharing: Uber and Lyft say these are the most popular bars and restaurants in Orange County for 2017 – …
https://www.ocregister.com/2017/12/29/uber-and-lyft-say-these-are-the-most-popular-bars-and-restaurants-in-orange-county/3/5
Top 10 Restaurants (Uber)Top 10 Restaurants (Uber)
1. The Bungalow (Pacific City, Huntington Beach)The Bungalow (Pacific City, Huntington Beach)
2. Stag BarStag Bar
3. The Blue BeetThe Blue Beet
4. Time NightclubTime Nightclub
5. Goat Hill TavernGoat Hill Tavern
6. MesaMesa
7. Malarky’s Irish PubMalarky’s Irish Pub
8. Baja SharkeezBaja Sharkeez
9. Wild Goose TavernWild Goose Tavern
10. Woody’s WharfWoody’s Wharf (Newport Beach) (Newport Beach)
1. Stag BarStag Bar
2. Cheesecake Factory (Anaheim)Cheesecake Factory (Anaheim)
3. MesaMesa
4. The CanneryThe Cannery
5. A RestaurantA Restaurant
6. Bosscat Kitchen and LibationsBosscat Kitchen and Libations
7. Nobu Newport BeachNobu Newport Beach
8. Javier’s Grill & Cantina (Newport Beach)Javier’s Grill & Cantina (Newport Beach)
9. Billy’s at the BeachBilly’s at the Beach
10. Cassidy’s Bar & GrillCassidy’s Bar & Grill
In late September, Karl Strauss in Costa Mesa closed temporarily for a major remodel.In late September, Karl Strauss in Costa Mesa closed temporarily for a major remodel.
It is expected to reopen in early November, company spokeswoman Kiersten WinantIt is expected to reopen in early November, company spokeswoman Kiersten Winant
said. (Courtesy of Wikimedia Commons)said. (Courtesy of Wikimedia Commons)
60
4/23/2019 New Year’s Eve ridesharing: Uber and Lyft say these are the most popular bars and restaurants in Orange County for 2017 – …
https://www.ocregister.com/2017/12/29/uber-and-lyft-say-these-are-the-most-popular-bars-and-restaurants-in-orange-county/4/5
Top Restaurants (Lyft)Top Restaurants (Lyft)
Top Bars (Lyft)Top Bars (Lyft)
1. Karl StraussKarl Strauss
2. BJ’s Restaurant and Brewhouse (106 Main St., Newport Beach)BJ’s Restaurant and Brewhouse (106 Main St., Newport Beach)
3. American JunkieAmerican Junkie
4. SkyloftSkyloft
5. The Slidebar Rock-N-Roll KitchenThe Slidebar Rock-N-Roll Kitchen
6. Mutt Lynch’sMutt Lynch’s
7. Roscoe’s Famous DeliRoscoe’s Famous Deli (Fullerton) (Fullerton)
8. The Cannery The Cannery
9. Saddle Ranch Chop House (Costa Mesa)Saddle Ranch Chop House (Costa Mesa)
1. Stag Bar + KitchenStag Bar + Kitchen
2. Baja SharkeezBaja Sharkeez
3. The BungalowThe Bungalow
4. Goat Hill TavernGoat Hill Tavern
5. Time NightclubTime Nightclub
6. Woody’s Wharf (Newport Beach)Woody’s Wharf (Newport Beach)
7. Malarky’s Irish PubMalarky’s Irish Pub
8. The Wayfarer (Costa Mesa)The Wayfarer (Costa Mesa)
9. The Copper Door (Santa Ana)The Copper Door (Santa Ana)
(Note: Uber’s list is based on pick ups, while Lyft calculated its list based on trip(Note: Uber’s list is based on pick ups, while Lyft calculated its list based on trip
destinations. Uber excluded restaurants and bars at Fashion Island and Southdestinations. Uber excluded restaurants and bars at Fashion Island and South
Coast Plaza. Lyft sent us 10 bars and 10 restaurants but each list included anCoast Plaza. Lyft sent us 10 bars and 10 restaurants but each list included an
establishment from Los Angeles. We removed those venues, which is why eachestablishment from Los Angeles. We removed those venues, which is why each
list has nine places instead of 10.)list has nine places instead of 10.)
SPONSORED CONTENTSPONSORED CONTENT
Tags: Tags: barsbars,,DrinksDrinks,,RestaurantsRestaurants,,Top Stories OCRTop Stories OCR
61
4/23/2019 New Year’s Eve ridesharing: Uber and Lyft say these are the most popular bars and restaurants in Orange County for 2017 – …
https://www.ocregister.com/2017/12/29/uber-and-lyft-say-these-are-the-most-popular-bars-and-restaurants-in-orange-county/5/5
60 Vintage Photos That Captured More Than60 Vintage Photos That Captured More Than
ExpectedExpected
By By History DailyHistory Daily
We Can't Look Away...We Can't Look Away...
Nancy LunaNancy Luna
Nancy Luna is an award-winning journalist with more than 25 years reportingNancy Luna is an award-winning journalist with more than 25 years reporting
experience. She's been the Register's restaurant beat writer since 2005,experience. She's been the Register's restaurant beat writer since 2005,
covering some of the biggest players in the industry: In-N-Out, Chipotle,covering some of the biggest players in the industry: In-N-Out, Chipotle,
McDonald’s and Taco Bell. Luna also covers dining trends from food halls toMcDonald’s and Taco Bell. Luna also covers dining trends from food halls to
food trucks. She writes with authority and is considered an expert in her field.food trucks. She writes with authority and is considered an expert in her field.
Follow Nancy Luna Follow Nancy Luna @fastfoodmaven@fastfoodmaven
62
Appendix B
Mode of Transit Surveys 2013 & 2019
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2013
Parked
Vehicle Bike
Taxi / Uber /
Lyft Walk Misc Total
Recorded Data Points 20 10 8 14 5 57
Percentage of Total 35% 18% 14% 25% 9% 100%
Recorded Data Points 29 25 21 28 4 107
Percentage of Total 27% 23% 20% 26% 4% 100%
Recorded Data Points 49 35 29 42 9 164
Percentage of Total 30% 21% 18% 26% 5% 100%
2019
Parked
Vehicle Bike
Taxi / Uber /
Lyft Walk Misc Total
Recorded Data Points 6 4 21 4 0 35
Percentage of Total 17% 11% 60% 11% 0% 100%
Recorded Data Points 10 1 70 3 0 84
Percentage of Total 12% 1% 83% 4% 0% 100%
Recorded Data Points 16 5 91 7 0 119
Percentage of Total 13% 4% 76% 6% 0% 100%
Grand Total
Table 1
Mode of Transportation Parking Survey
1 The surveys were conducted from 3:00 PM to closing time.
Modes of Transportation Utilized
Friday, December 06, 2013
Saturday, December 07, 2013
Date of Survey
Date of Survey
Modes of Transportation Utilized
Friday, April 26, 2019
Saturday, April 27, 2019
Grand Total
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Appendix C
Parking Demand Survey
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272
Parking Inventory 272
Number of Occupied
Parking Spaces within
Study Area
Percent Occupied
5:00 PM 228 84%
6:00 PM 231 86%
7:00 PM 252 93%
8:00 PM 238 88%
9:00 PM 225 83%
10:00 PM 239 89%
11:00 PM 222 82%
12:00 AM 231 86%
1:00 AM 195 72%
2:00 AM 103 38%
Stag Bar & Kitchen Observed Parking Demand Counts
Total Number of Parking Spaces within Study Area
j:/rktables/DRAFT TABLES.xls
JN:2383-2013-01
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RESOLUTION NO. PC2019-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2018-013 TO ALLOW AN
INCREASED OCCUPANT LOAD AND REDUCE THE OFF-
STREET PARKING REQUIREMENT BY AN ADDITIONAL 13
SPACES FOR AN EXISTING BAR ESTABLISHMENT AT 121 MC
FADDEN PLACE (PA2018-196)
THE CITY OF NEWPORT BEACH PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mario Marovic ("Applicant"), with respect to property located at
121 Mc Fadden Place, and legally described as Lots 15 and 16 in Block 21 of Newport
Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of
Miscellaneous Maps, in the office of the County Recorder of said County ("Property")
requesting approval of a conditional use permit ("CUP").
2. The Applicant requests to increase the allowed occupant load of the existing Stag Bar from
207 persons to a maximum of 260 persons. The bar is currently allowed to operate from 6
a.m. to 2 a.m., daily. In conjunction with the occupant load increase, the Applicant also
proposes to modify the allowed hours of operation, such that no new patrons would be
permitted to enter after 1 a.m. and last call for alcohol service would occur at 1 :30 a.m. The
bar is currently permitted to operate with a Type 48 (On Sale General -Public Premises)
Alcoholic Beverage Control (ABC) license. There are no substantial changes to the floor
plan proposed with this application. With the proposed occupant load increase, the
Applicant is required to install fire sprinklers throughout the building. As there is no parking
on-site, the applicant also requests a waiver of the required 13 parking spaces incurred by
the increased occupant load. The establishment currently operates under Conditional Use
Permit No. UP2013-016, which would be superseded if this application is approved.
3. The Property is located within the Mixed-Use Water Related ("MU-W2") Zoning District and
the General Plan Land Use Element category is Mixed-Use Water Related ("MU-W2").
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use Water Related ("MU-W") and it is located within the Mixed-Use Water Related
("MU-W2") Coastal Zone District. The Property was developed in 1912 without any on-site
parking, and based on records research, its floor area has not been increased since
original construction. There are no exterior improvements or expansion of building floor
area proposed; therefore, there is no intensification of use and a coastal development
permit is not required.
5. A public hearing was held on June 20, 2019, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in
accordance with the Ralph M. Brown Act and Newport Beach Municipal Code ("NBMC")
Chapter 20.62 (Public Hearings). Evidence, both written and oral, was presented to, and
considered by the Planning Commission at this hearing.
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Planning Commission Resolution No. PC2019-018
Page 2 of 15
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) 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 allows interior or exterior alterations involving interior partitions,
plumbing and electrical conveyances. The Project is an increase in occupant load with
no additional floor area or exterior modifications. The proposal requires minor interior
improvements to install fire sprinklers throughout the building.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales), the following findings
and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20. 48. 030 (Alcohol Sales) of
the Zoning Code.
Facts in Support of Finding:
In finding that the proposed use is consistent with NBMC Section 20.48.030, the following
criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
1. The Property is located in Reporting District 15 ("RD 15"). The number of reported
Part One Crimes within RD 15 in 2018, was 159 crimes. This amount is higher than
adjacent reporting districts and the Citywide average. Part One Crimes are the eight
most serious crimes defined by the FBI Uniform Crime Report -homicide, rape,
robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. The
higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the
high concentration of restaurants, and the high ratio of non-residential to residential
uses clustered in the commercial and mixed-use districts. The McFadden Square
area has historically been a business and recreation hub for residents and tourists,
drawing a large number of visitors year-round but particularly in the summer months.
While the area does have a high concentration of alcohol licenses, this establishment
maintains an existing license. Therefore, the Project will not result in any increase in
the number of alcohol licenses. The service of alcoholic beverages provides menu
options for customers and potentially enhances the economic viability of the
business, while the CUP and Operator License will provide greater enforcement
options.
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Planning Commission Resolution No. PC2019-018
Page 3 of 15
2. The Newport Beach Police Department ("NBPD") has reviewed the proposal and has
no objection to the Project, subject to appropriate conditions of approval. The
operation of the establishment includes the approved floor plan, business hours that
are more restrictive than the current hours, an improved security plan, and the
requirement to obtain an operator license. The Operator License provides an
additional tool for the NBPD to control the use, especially should objectionable
activities occur at the site.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. RD 15 has a higher number of arrests recorded in 2018, compared to adjacent
reporting districts. From January 1, 2018, through December 31, 2018, the NBPD
reported 581 arrests in RD 15. There were 12 arrests at this Property; however, not
every arrest was related to the business and may have been related to a dispatch
event in the direct vicinity.
2. The NBPD reviewed the application and does not anticipate any significant increase
in crime or alcohol-related incidents with the approval of this application subject to
the proposed conditions of approval, which includes more restrictive hours of
operation.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The Project site is located in a mixed-use zoning district which allows for residential
uses when intermixed with nonresidential uses. The nearest residential zoning
district is located approximately 315 feet east of the project site, at the corner of West
Balboa Boulevard and 21st Street. The nearest residential units are located 10 feet
across the side alley to the northwest of the subject property in a mixed-use building.
2. The nearest recreational facilities, the beach and Newport Pier, are located
approximately 300 feet to the southwest of the Property. The nearest church, Our
Lady of Mount Carmel Church, is located approximately 0.5 miles to the east of the
subject property along West Balboa Boulevard. The nearest school, Newport
Elementary School, is located 0. 7 miles to the east of the subject property along
West Balboa Boulevard. The nearest daycare center, Children's Center by the Sea,
is approximately 0.6 miles to the east along West Balboa Boulevard. The Project use
is surrounded by other commercial, retail, and office uses on the ground level.
3. The Balboa Peninsula is generally characterized by a high number of visitors, in
which commercial and residential zoning districts are located in close proximity to
one another and eating and drinking establishments with alcohol service are
common. The proposed reduction in hours of operation in conjunction with the CUP
and Operator License conditions of approval will help minimize nuisances that the
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Planning Commission Resolution No. PC2019-018
Page 4 of 15
establishment could have to surrounding uses. This will help to ensure that the use
remains compatible with the surrounding community.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The per capita ratio of one license for every 64 residents is higher than all adjacent
Census Tracts and the average City-wide ratio. This is due to the higher
concentration of commercial land uses, many of them visitor-serving, in McFadden
Square, Lido Marina Village and Cannery Village, and lower number of residential
population in the RD 15 area. Nearby establishments selling alcohol include the
Taco Bell Cantina, 21 Oceanfront, Dory Deli, Beach Ball, Blackie's and several
others located in the McFadden Square area.
2. While the license-to-resident ratio is higher than average and the Property is located
in close proximity to other establishments selling alcoholic beverages, staff believes
the physical and operational characteristics of the establishment would make the
continuation of alcoholic beverage sales appropriate at this location.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. No objectionable conditions are presently occurring at the Property.
2. A bar has been operating at the Property since the early 1900s. It was remodeled and
expanded in 2015, into an adjacent liquor store to include an enlarged kitchen and
outdoor patio dining area. As part of the proposed occupant load increase, the building
will be brought into compliance with all current Building and Fire Code requirements.
3. All employees serving alcohol will be required to be at least 21 years of age, and
undergo, and successfully complete, Responsible Beverage Service (RBS) training.
Approval of this application will require the operator to obtain a new Operator License
pursuant to NBMC Chapter 5.25 (Operator License for Establishments Offering
Alcoholic Beverages for On-Site Consumption in Combination with Late Hours,
Entertainment, and/or Dance). The Operator License will provide enhanced tools to
control noise, loitering, litter, disorderly conduct, parking/circulation and other potential
disturbances that could result from the use, and will provide the PD with means to
modify, suspend, or revoke the operator's ability to maintain late-hour operations.
In accordance with NBMC Section 20.52.020(F) (Use Permit, Required Findings), the following
findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
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Facts in Support of Finding:
Planning Commission Resolution No. PC2019-018
Page 5 of 15
1. The General Plan land use designation for this site is Mixed-Use Water Related ("MU-
W2"). The MU-W2 designation applies to waterfront properties in which marine-related
uses may be intermixed with general commercial, visitor-serving commercial, and
residential dwelling units on the upper floors. The bar was renovated and expanded in
2015, to include a larger kitchen and dining area, and is the primary occupant of the
Property. Although it was a nonconforming land use, it was determined to be consistent
with this land use designation with the previous Conditional Use Permit approval. Eating
and drinking establishment uses can be expected to be found in this area and similar
locations and are complementary to the surrounding commercial and residential uses.
2. The Project will not result in an increase in the floor area ratio; therefore, it is consistent
with the Land Use Element development limitations.
3. The proposed occupant load increase is for a use that is consistent with General Plan Land
Use Policy LU6.8.2 (Component Districts), which emphasizes that McFadden Square
should be utilized as one of the primary activity centers within the City. The increase in
occupant load will allow additional people to enjoy the existing eating and drinking
establishment as a visitor-and local-serving convenience.
4. Eating and drinking establishments are common in the vicinity along the Balboa
Peninsula and are frequented by visitors and residents. The establishment is compatible
with the land uses permitted within the surrounding neighborhood. The increased
occupant load will help to allow the Applicant to continue to improve and revitalize the
existing building and the surrounding neighborhood.
5. The Property is not part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The Property is located in the Mixed-Use Water Related ("MU-W2") Zoning District. The
MU-W2 designation applies to waterfront properties in which marine-related uses may
be intermixed with general commercial, visitor-serving commercial and residential
dwelling units on the upper floors. Although a bar is not listed as a permitted or a
conditionally permitted use within this district, the legal nonconforming use can be
expanded subject to a conditional use permit pursuant to NBMC Section 20.38.050
(Nonconforming Uses).
2. A bar has been operating at the Property since the early 1900s. It was expanded and
renovated in 2015, to add a kitchen, additional interior dining areas, and an outdoor patio
area at the expense of a retail liquor store with a conditional use permit authorized by
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Planning Commission Resolution No. PC2019-018
Page 6 of 15
the Planning Commission in accordance with NBMC Section 20.38.050 (Nonconforming
Uses).
3. The Property does not provide on-site parking, but the proposed increase in occupant
load is not anticipated to change the parking demand significantly. The Applicant
provided a parking study prepared by a qualified professional. The McFadden Square
area is adequately served by the two adjacent municipal lots throughout most of the
year and the close proximity to multiple commercial uses and coastal resources will
result in shared trips to the project site area.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The operation of the eating and drinking establishment will be restricted such that no new
patrons would be allowed to enter after 1 a.m. and last call for alcohol service would occur
at 1 :30 a.m., whereas it was previously allowed to operate until 2 a.m. without any further
restrictions. The closing hour is compatible with other late-night eating and drinking
establishments in the area. The NBPD has reviewed the proposed increase and is
supportive of the reduced late hour operation and an improved security plan.
2. The existing floor plan is not changing as a result of the Project. Live entertainment and
dancing are not proposed nor are they allowed activities.
3. The Project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the eating and drinking
establishment is located approximately 10 feet from residential units across the alley to
the northwest, the building is oriented toward Newport and West Balboa Boulevards
away from the nearby mixed-use structures. The outdoor patio area is contained by the
hotel roof deck above and a 6-foot-1-inch tall glass barrier. Activity from the
establishment will be buffered from the residential uses across Newport and West
Balboa Boulevards. The Applicant is also required to control trash and litter around the
Property.
4. The operational conditions of approval recommended by the Police Department relative
to the sale of alcoholic beverages, including an operator license, will help ensure
compatibility with the surrounding uses and minimize alcohol related impacts. The
project has been conditioned to ensure the welfare of the surrounding community.
5. As part of the previous remodel, the Applicant installed a grease interceptor, provided a
wash-out area that drains to the sewer line, obtained Health Department approval prior to
opening for business, and complied with the California Building Code to ensure the safety
and welfare of customers and employees within the establishment.
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6. The Property is located in a relatively dense area with multiple uses within a short
distance of each other. The McFadden Square area is conducive to a significant amount
of walk-in patrons. The area experiences parking shortages in the daytime during the
summer months, but parking is typically available during the rest of the year. Two
municipal parking lots and on-street parking is available in the area to accommodate the
proposed use in the off-season months.
7. The Applicant provided a parking study for the Property that was prepared by a qualified
professional. The Project is not expected to noticeably change the parking demand in the
McFadden Square area.
Finding:
E. 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:
1. The Property is developed with an existing commercial building and the tenant space is
designed for an eating and drinking establishment. The design, size, location, and
operating characteristics of the use are compatible with the surrounding neighborhood.
The existing tenant space on the Property has historically been utilized by an eating and
drinking establishment and a liquor store, which was replaced by the bar's expansion in
2015.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utility upgrades required for the
occupant load increase will be required at plan check and have been included in the
conditions of approval.
3. In conjunction with the occupant load increase, the Applicant is required to install a fire
sprinkler system throughout the building. This improvement will enhance the safety of
the existing building and benefit the surrounding structures and area.
4. A building permit is required prior to any occupant load increase. Any tenant
improvements to the Property will comply with all Building, Public Works, and Fire
Codes. All ordinances of the City and all conditions of approval will be complied with.
Finding:
F. 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.
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1. The Project has been reviewed and includes conditions of approval to ensure that potential
conflicts with the surrounding land uses are minimized to the greatest extent possible. The
operator is required to take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding
the subject property and adjacent properties during business hours, if directly related to
the patrons of the establishment.
2. The establishment will continue to provide dining and entertainment as a public
convenience to the surrounding neighborhood and visitors to the area. This will continue
to help revitalize the Property and provide an economic opportunity for the Property
owner to update the building and surrounding area, which best serve the quality of life
for the surrounding visitor-and local-serving community.
3. The Applicant provided a parking study prepared by a qualified professional. The Project
use is located in a district which is subject to a captive market that results in shared trips,
different peak periods for a variety of land uses, and a high level of pedestrian and
bicycle activity. These characteristics reduce the demand of the expanded bar
establishment and the number of parking spaces required to serve the proposed use.
Adequate parking is provided in the nearby municipal lots in the off-season months and
summer weekdays to accommodate the proposed use.
4. The triangular outdoor patio area is open on only one side facing eastward towards
Newport and West Balboa Boulevards and is delineated by a 6-foot-1-inch tall glass
barrier to provide sound attenuation. The increased occupant load is not anticipated to
increase noise, as the additional persons are calculated for inside the bar area. The
occupant load of the outdoor dining area will not increase as part of the Project.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2018-013, subject to the conditions set forth in Exhibit "A," which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of NBMC Title 20 Planning and Zoning.
3. This Resolution supersedes Planning Commission Resolution No. 1938, which upon
vesting of the rights authorized by this Conditional Use Permit, shall become null and
void.
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PASSED, APPROVED, AND ADOPTED THIS 201H DAY OF JUNE, 2019.
AYES: Ellmore, Kleiman, Koetting, Kramer, Lowrey, Weigand, Zak
NOES:
ABSTAIN:
ABSENT:
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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. Conditional Use Permit No. UP2018-013 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and
Extensions), unless an extension is otherwise granted.
3. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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
Conditional Use Permit ("CUP").
5. This CUP 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.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, may require an amendment to this CUP or the processing of a new
CUP.
7. 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.
8. 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
Division.
9. Prior to the issuance of a building permit, a copy of this resolution shall be incorporated
into the Building Division and field sets of plans.
10. Prior to the issuance of a building permit, the Applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Conditional Use Permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
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sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this CUP and shall highlight the approved
elements such that they are readily discernible from other elements of the plans.
11. The hours of operation for the bar shall be limited to between 6 a.m. and 2 a.m., daily;
however, no new patrons shall be allowed to enter the bar after 1 a.m. and last call for
alcohol service shall occur at 1:30 a.m. The Applicant shall be responsible for
encouraging patrons to vacate the premise in a timely manner.
12. The occupant load for customers (not including employees) of the eating and drinking
establishment shall not exceed 260 persons, including the outdoor patio area (211
persons interior and 49 persons outdoor patio), subject to compliance with the California
Building Code ("CBC'? and the approval of the Building Division. A building permit is
required prior to any occupant load increase.
13. The removal or relocation of pool tables, tables, chairs, stools, or other furniture to
accommodate an area for dancing or increased occupancy above that allowed by
Condition of Approval No. 12 shall be prohibited.
14. 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.
15. 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 NBMC Chapter 10.26 (Community Noise Control) and other
applicable noise control requirements of the NBMC. Pre-recorded music may be played
in the tenant space, provided exterior noise levels outl.ined below are not exceeded. The
noise generated by the proposed use shall comply with the provisions of NBMC Chapter
10.26.
16. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility. ·
17. 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
Department. 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).
18. The exterior of the business 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.
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19. The Applicant is responsible for washing the adjacent sidewalk area in front of the entire
linear frontage of the building at an appropriate frequency to ensure it is kept clean.
20. 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 NBMC Chapter 1.05 (Administrative Code
Enforcement Program) that includes issuance of a citation of violation and monetary
fines.
21. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 8 a.m., daily, unless otherwise approved by the Community Development
Director, and may require an amendment to this CUP.
22. All doors and windows of the facility shall remain closed after 10 p.m. except for the ingress
and egress of patrons and employees.
23. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the trash container on pick-up days.
24. 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 the Stag Bar Occupancy Increase including, but not limited to, the Conditional
Use Permit No. UP2018-013 (PA2018-196). 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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25. The operator of the establishment shall secure and maintain an operator license pursuant
to NBMC Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages
for On-Site Consumption in Combination with Late Hours, Entertainment, and/or Dance).
26. The Operator License required to be obtained pursuant to NBMC Chapter 5.25, may be
subject to additional and/or more restrictive conditions such as a security plan to regulate
and control potential late-hour nuisances associated with the operation of the
establishment.
27. A revised comprehensive security plan that includes one additional security guard due
to the increase in customer occupancy count for the eating establishment shall be
submitted for review and approval by the NBPD. The procedures included in the security
plan shall be implemented and adhered to for the life of the Conditional Use Permit.
There shall be at least one security staff member on duty for every 50 patrons after 10
p. m. There shall further be at least four security staff members on duty Friday and
Saturday evenings after 10 p.m. At least one security staff member shall be posted at
each entrance. All security staff must possess a guard card and be trained in responsible
beverage service. After 2 a.m. closing, there shall be at least two security staff members
posted outside to deter any potential problems until the crowd has dispersed from the
immediate area.
28. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
29. There shall be no live entertainment or dancing allowed on the premises.
30. 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.
31. 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 is
prohibited.
32. There shall be no on-site radio, televisions, 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.
33. 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
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media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
34. 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 within 60 days of hire. This training program must be
updated every three years regardless of certificate expiration date. The certified program
must meet the standards of the certifying/licensing body designated by the State of
California. The establishment shall comply with the requirements of this section within
60 days. Records of each owner's, manager's and employee's successful completion of
the required cer:tified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
35. Strict adherence to maximum occupancy limits is required. Security staff shall be posted
at each entrance and must keep an accurate occupant load count. Security staff shall
provide that count to City officials on command.
Fire Department
36. Prior to implementing any increased occupant load, the Applicant shall install a fire
sprinkler system throughout the restaurant and bar areas with any increase in occupant
load above 207 persons, as required by the California Building Code ("CBC'? and
California Fire Code ("CFC'?.
37. Any room having an occupant load of 50 or more persons where fixed seats are not
installed shall have the capacity of the room posted in a conspicuous place near the
main exit from the room.
38. Illuminated exit signs are required and shall be installed. Emergency power shall be
provided for a duration of not less than 90 minutes.
Building Division
39. Prior to implementing any increased occupant load, the Applicant shall apply for and obtain
a building permit for the increase.
40. Immediately after building permit final, the Applicant shall ensure a new certificate of
occupancy is issued and posted on-site in a conspicuous location.
41. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
42. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
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43. 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 unless there is an emergency. All exits shall remain free of obstructions and
available for ingress and egress at all times.
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Attachment No. PC 6
Applicant’s Project Description
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May 18, 2023
PA2022-0249
1
Stag Bar + Kitchen – Use Permit Amendment 121 McFadden Place PA2022-0249 Project Description/Overview
The owner of Stag Bar + Kitchen is requesting approval of an amendment to UP2018-013 to allow live entertainment, dancing and increase the allowed occupancy load for customers (not including employees) from 260 to 290. The current 260 customer occupancy limit was
included in the previous planning commission approval. The requested 290 customer occupancy is the allowed building code customer occupancy based on the existing approved floor plan (Attached as Sheet A0.0). Although the live entertainment and dancing floor plans (Attached as Sheets A1.0a and A1.0b) result in a higher allowed building code occupancy, the 290-customer occupancy provides a consistent number regardless of the whether live
entrainment or dancing is occurring, and is lower than what would otherwise be allowed. The request also includes a reduction of off-street parking of 8 spaces based on the increased occupancy of 30 customers.
No physical expansion or alterations to the existing business or structure are proposed. The following conditions of approval are requested to be amended or deleted:
• Amend Condition No. 12 to increase occupant load for customers (not including
employees) to 290 customers;
• Amend Condition No. 13 to remove prohibition on dancing and removal or relocation of pool tables; and
• Amend Condition No. 29 to allow live entertainment and dancing. Hours of Operation
Allowed Hours of Operation: 6:00am – 2:00am daily (No Change) Proposed Live Entertainment: 11:00am – 2:00am daily Proposed Dancing: 11:00am – 2:00am daily Live Entertainment Proposed live entertainment is for a DJ, solo performer, or small band. Two alternative locations for the entertainer(s) are proposed on the plans. One is toward the front to the establishment (25sqft.) while the other is located towards the rear (28.8 sqft.) The request
for the alternate locations will allow the operator flexibility based on the performer, time of day and other factors. Live entertainment locations can be found on sheets A1.0a and A1.0b of the attached plans. Dancing and Dance Floor The attached plans show two dance floor configurations. The two options provide flexibility to the operator.
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1) DJ and Dancing with pool tables stored on site - Sheet A1.0a shows an approximate 122 square foot dance floor. In this configuration the pool tables are moved to accommodate the dance floor but remain in the building. 2) DJ and Dancing with pool tables stored off site - Sheet A1.0b shows an approximate 230
square foot dance floor. In this configuration the pool tables are removed to accommodate a larger dance floor. Customer Occupancy
Current Customer Occupancy Maximum: 260 (Condition of Approval No. 12) Proposed Customer Occupancy Maximum: 290 (Below Building Code Allowed Occupancies for all floor plan variations) Current and Proposed Employees Occupancy: 30 Maximum
The requested approvals include four floor plan variations. The table below indicates the variations and building code permitted occupancy. Although each variation allows more occupants, the request is for a maximum customer occupancy of 290 persons. Therefore, the
applicant is not seeking the maximum occupancy allowed under the code. This is to reduce confusion and have base 290 customer occupancy regardless of if there is live entertainment or dancing occurring. The provided plans include four floor plan variations as described below.
Table 1 Building Code – Maximum Customer Occupancy
Floor Plan Layout Plans Sheet No.
Dance Floor Size Live Entertainment Maximum Allowed Customer Occupancy*
Existing Approved Plan-Reduced Occupancy (Lower than Building
Code Standards)
A0.0 None None 260
Existing Approved Plan–
No Dancing/Live Entertainment
A1.0 None None 299
Dance Floor/Live Entertainment (with pool tables)
A1.0a 122.63 square feet Yes 295/296*
Dance Floor/Live Entertainment (without pool tables)
A1.0b 230 square feet Yes 311/310*
*Different sized Live Entertainment areas results in different occupancy
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Reduction of Off- Street Parking Requirements With the small increase in occupancy of 30 persons for a maximum occupancy of 290 customers, an additional reduction of eight off-street parking is requested.
Justification and Findings for Approval Pursuant to Title 20 of the NBMC, findings for approval of the request must be made. Additional considerations related to Alcohol Sales, Late Hours Operations are also required
to be considered. 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, and 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 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. Use Permit Justification The continued operation of the establishment is consistent with the purpose and intent of the
Mixed-Use Water Related (MU-W2) land use designation of the General Plan. Although a bar is not listed as a permitted use under eating and drinking establishment uses within the Mixed-Use Water Related (MUW2) Zoning District, nonconforming uses are permitted to expand pursuant to NBMC Section 20.38.050(A) (Nonconforming Uses). The MU-W2 designation
applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments can be expected to be found in this area and are complementary to the surrounding commercial uses. Since the establishment maintains a valid ABC license, no increase in licenses is proposed for this Police Reporting District.
Although live entertainment and dancing will be introduced, currently the establishment has an interior sound system. Volume created by the introduction of live entertainment is not expected to noticeably change. The establishment will continue to be required to adhere to
applicable noise standards and close all doors and windows at 10:00 p.m. as required by the existing use permit. Additionally, the establishment is located in an active visitor serving commercial and recreation area with the beach and pier nearby. Live entertainment is not uncommon in similar areas.
The operation of the eating and drinking establishment will continue to be restricted such that no new patrons would be allowed to enter after 1:00 a.m. and last call for alcohol service would occur at 1: 30 a. m., and all patrons exiting by 2:00 a.m. The closing hour is compatible with other late-night eating and drinking establishments in the area. Additionally, a revised
security plan (attached) has been prepared to ensure adequate security measures are in
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place. On-site security includes procedures for occupancy counts and tracking, queuing management and video recording to deter illicit activities. Furthermore, the operator will be required to amend and maintain a valid operator license and to take reasonable steps to discourage and correct objectionable conditions that
constitute a nuisance to areas surrounding the establishment. Should the operator be unable to abide by the conditions of approval the Police Department will have the authority to modify, suspend, or revoke the operator’s ability to maintain late-hour operations past 11:00 p.m. It could also reduce the occupant load and restrict live entertainment and dancing. Additionally,
the operator will be required to obtain a Live Entertainment Permit and a Café Dance Permit if required by the NBMC. These provide additional tools to city management to curtail or modify these activities if they create conditions that become a nuisance or detrimental to the area.
Off-Street Parking Reduction Justification The request includes an additional reduction of an additional 8 parking spaces based on the 30-person occupancy increase. Code required off-street parking is not provided by the
establishment nor most establishments in the area. Parking is provided by adjacent public city parking lots and on-street parking. Additionally, the McFadden Square/Newport Pier area is historically accessed by a mix of pedestrians, bicyclists, and users of public transportation, and rideshare services in addition to private vehicles.
Included with the last use permit approval related to occupancy increase, the applicant provided a parking study prepared by RK Engineering Group, Inc. The survey was conducted on Friday, April 26, 2019, and Saturday, April 27, 2019, in the evening and included 119 patrons. In summary, the survey found that only 13 percent of patrons drove a vehicle and
parked within the adjacent parking lot and 87 percent of patrons arrived by a mix of carpool, rideshare, taxi, bicycle, and walking. The updated study builds on the past study and assumes a customer occupancy of 299
patrons and continued patron use of transportation modes other than personal vehicles. The analysis determined the occupancy increase will not remarkably change demand in the adjacent public parking lots and the proposed 30 customer occupancy increase can be accommodated. Please refer to the parking study prepared by RK engineering dated May 2, 2023, for complete details and analysis.
Notably, the area occupied by Stag Bar has historically never provided off-street parking and since there is no increase to floor area, the parking demand it creates is the same or maybe less with the increased use and efficiency of rideshare and taxi services over the last decade.
Given the number of businesses in the McFadden Square/Newport Pier area and visitors to the beach/pier visitors the visitor serving uses combined with coastal access an additional occupancy of 30 patrons will not create a noticeable change in the overall parking situation in the area.
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About the Stag Bar + Kitchen and its Ownership The Stag Bar + Kitchen is owned by Newport Taco, LLC. This property is one of several properties in the area owned by Mario Marovic. Over the past several years, Mr. Marovic, his
family, and his business partners have invested millions of dollars in an effort to help revitalize the properties in and around McFadden Square. In addition to the vast financial investments they have made, Mr. Marovic has also sacrificed his personal time and resources to improve the area by founding Newport Beach’s “Bar and Tavern Association.” The Bar and Tavern
Association was founded to work with City staff, residents and bar owners on areas that impact the Balboa Peninsula. The Stag Bar and Hotel first opened its doors in 1908 following the completion of the historic two story building it has called home for over a century. A storied past with a deep-rooted
history adds to the charm and unique character of one of the oldest continually operating bars in southern California. Located on the Balboa peninsula at McFadden Square just steps from the Newport Beach pier, The Stag quickly became a favorite watering hole among locals and visiting tourists alike.
Typical for bars of the era, The Stag was also known for card games and gambling. In addition to providing seasonal boarding to trade workers and fishermen of the nearby Dory Fleet Fish Market, legend has it the hotel rooms above the bar, at one point or another, also served as
a brothel. During prohibition, at which time the name changed to the Stag Cafe, it is rumored beer was brewed and offered upstairs, while sarsaparilla and billiards kept the doors open at the bar downstairs. Following the end of prohibition in the early 1930s, The Stag was completely remodeled as a
modern-day martini bar. The saloon-looking taxidermy, gun rack and spittoons gave way to more upscale fixtures, including a restyled bar and back bar with period art deco features. The dark mahogany bar was also extended to nearly 100 feet in length, making it the longest bar in the city. This is the very bar you can order a drink from today.
Over the decades, The Stag became that old familiar place where everyone gathered for a drink, a game of billiards, and some good social time. Although showing its age, during the 1970s and 80s, The Stag continued its popularity to yet another generation of loyal patrons.
Marking its centennial, in 2014, under Mr. Marovic’s supervision, the bar underwent a complete restoration and expansion. The restoration not only returned the bar to its former grandeur, an expansion into the adjacent Stag Liquor store provided room for new larger bathrooms, the installation of a full kitchen, and additional comfy banquette seating with patio-
like ambiance overlooking the boardwalk. With completion of the expansion and remodel, the bar was rechristened The Stag Bar + Kitchen in late 2015. The rooms upstairs were also converted into luxury suites, available for weekly and seasonal rental. Enduring different stages of renovation, and expansion, today, The Stag remains better than
ever after years under the same family ownership. Guests continue to enjoy their favorite beer and cocktails while socializing and shooting pool, just as they have for over a century. Only now The Stag is also filled with the infectious aroma of freshly baked pizza.
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Attachment No. PC 7
Project Plans
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The Stag Bar + Kitchen
Occupancy Change
121 + 125 McFadden Place, Newport Beach, CA 92663
DRAWING DIRECTORY
PROJECT TEAM
VICINITY MAP
AMEND USE PERMIT NO. 2018-013 (PA2018-196) TOALLOW LIVE ENTERTAINMENT AND DANCE FLOORPROJECT SCOPE
ZONING:
OCCUPANCY:
(E) CONSTRUCTION
NO OF STORIES
MU-W2 (MIXED USE WATER RELATED)
1st FLOOR - STAG BAR + GRILL: A-22nd FLOOR - STAG HOTEL: R-1
PROJECT INFORMATIONDEFERRED SUBMITTALS
DISCREPANCIES IN AND OMISSIONS FROM THE PLANS, SPECIFICATIONS, OR OTHERCONTRACT DOCUMENTS, OR QUESTIONS AS TO THEIR MEANING SHALL, AT ONCE, BE
BROUGHT TO THE ATTENTION OF THE ARCHITECT. ANY INTERPRETATION OF THEDOCUMENTS WILL BE MADE ONLY BY ADDENDA DULY ISSUED AND A COPY OF SUCHADDENDA WILL BE MAILED OR DELIVERED TO EACH GENERAL CONTRACTOR BIDDER
RECEIVING A SET OF SUCH DOCUMENTS. THE OWNER WILL NOT BE RESPONSIBLE FORANY OTHER EXPLANATIONS OR INTERPRETATIONS. SHOULD ANYTHING IN THE SCOPEOF WORK OR ANY OF THE SECTIONS OF THE SPECIFICATIONS BE FOUND TO BE IN
ERROR, HAVE CONFLICTS OR DISCREPANCIES, SUCH INFORMATION SHALL BE PROMPTLYBROUGHT TO THE ATTENTION OF THE ARCHITECT IN WRITING DURING THE BIDPROCESS, UPON WHICH, THE ARCHITECT WILL ISSUE A BID CLARIFICATION BY ADDENDA.
QUESTIONS RECEIVED LESS THAN 48 HOURS BEFORE THE BID OPENING CANNOT BEANSWERED. NOTWITHSTANDING THAT DRAWINGS AND SPECIFICATIONS MAY BEINCOMPLETE IN CERTAIN DETAILS, IT IS UNDERSTOOD BY CONTRACTOR THAT ANY
WORK NOT EXPLICITLY SHOWN OR EXPLICITLY SPECIFIED THEREIN, BUT NONETHELESSREQUIRED TO COMPLY WITH THE AGREED CONTRACTUAL INTENT OF PROVIDING ACOMPLETE JOB, SHALL BE INCLUDED IN THE WORK.
GENERAL NOTES
T0.1
TI
T
L
E
S
H
E
E
T
-
PR
O
J
E
C
T
I
N
F
O
EXISTING OCC. LOAD CALCULATION
121 + 125 MCFADDEN PLACENEWPORT BEACH, CA 92663
TYPE V-B (UNREINFORCED MASONRY & WOOD FRAMED),SPRINKLERED W/ 2 HOUR FIRE SEPARATION BETWEENGROUND FLOOR AND 2ND FLOOR. (EXISTING)
T0.1 TITLE SHEET - PROJECT INFO
ARCHITECTURAL DRAWINGS
07.25.22
PROJECT ADDRESS
ROBINSON HILL ARCHITECTURE, INC.3195-B AIRPORT LOOP DRIVECOSTA MESA, CALIFORNIA 92626PHONE: 714.825.8888CONTACT: MR. ALEX ARIE
121 + 125 MCFADDEN PLACENEWPORT BEACH, CA 92663
BUILDING OWNER
ARCHITECT
MCFADDEN PLACE, LLC3334 E. COAST HWY #418CORONA DEL MAR, CA 92625PHONE: 949.675.2340CONTACT: MR. MARIO MAROVIC
SHEET TITLEDWG.NUMBERDWG.ISSUE REV #DATE OFISSUE REVISIONDATE
PROJECT INFORMATION
EXISTING PLUMBING CALCULATIONS
INTERPRETATION OF THE DOCUMENTS GOVERNING CODES
CAL. BUILDING CODECAL. MECHANICAL CODECAL. PLUMBING CODECAL. ELECTRICAL CODETITLE 24 ENERGY STANDARDSCAL GREEN BUILDING CODE
NOTE: CONSTRUCTION PLANS AND CALCULATIONS SHALL COMPLY W/ ALL OFTHE REQ. OF THE CBC 2016 EDITION.
2019 EDITION (2016 IBC)2019 EDITION (2016 CMC)2019 EDITION (2016 CPC)2019 EDITION (2016 NEC)2019 EDITION2019 EDITION (CGBC)
2
OCCUPANT LOAD CALCULATION:
AREA BUSINESS EXIST. OCC.
GROUND FLOOR THE STAG BAR + KITCHEN ALLOWED OCC. PER USE PERMIT CONDITION NO. 12
INTERIOR CUSTOMER OCC. LIMIT : 211
OUTDOOR CUSTOMER OCC. LIMIT : 49
TOTAL CUSTOMER OCC. :260
UPPER FLOOR THE STAG HOTEL 17 EXISTING TO REMAIN
NOTE: FOR INFORMATION ON OCCUPANT CALCULATIONS, SEE SHEET A1.1-A1.2
RESTROOM FIXTURE CALCULATION:(PER CPC 2016 TABLE 422.1)
70 OCCUPANTS TOTAL
OCC. GENDER W.C. U. LAV.
35 MEN REQ 1 1 1PROV 1 3 2
35 WOMEN REQ 2 - 1
PROV 3 - 2
NOTE - FOR INFOR. ON OCCUPANT CALCULATIONS, SEE SHEET A1.1-A1.2
A1.0
A1.1
STANDARD OPERATION PROPOSED OCC. LOAD FLOOR PLAN
OCCUPANT LOAD CALCULATIONS
SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BESUBMITTED TO THE ARCHITECT OR ENGINEER OF RECORD WHO SHALLREVIEW THEM AND FORWARD THEM TO THE BUILDING OFFICIAL WITH ANOTATION INDICATING THAT THE DEFERRED SUBMITTAL DOCUMENTSHAVE BEEN REVIEWED AND THAT THEY HAVE BEEN FOUND TO BE INGENERAL CONFORMANCE WITH THE DESIGN OF THE BUILDING. THEDEFERRED SUBMITTAL ITEMS-SHALL NOT BE INSTALLED UNTIL THEIR DESIGNAND SUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDINGOFFICIAL.
NOTE: BUILDING TO BE EQUIPPED WITH AUTOMATIC FIRE SPRINKLER SYSTEM INACCORDANCE WITH NFPA 13.
09.27.22
Sheet No.:
Date:
Job Number:
Rev.Description
Submittal Dates
Owner
Date
robinson hill architecture, inc.
C-23553C-20731Michael David Robinson:John Steven Hill:
Sheet Title
Consultant
Stamp
22RHA1077.C1
Project Type
OC
C
U
P
A
N
T
L
O
A
D
A
S
S
E
S
S
M
E
N
T
12
1
+
1
2
5
M
C
F
A
D
D
E
N
P
L
A
C
E
NE
W
P
O
R
T
B
E
A
C
H
,
C
A
9
2
6
6
3
Th
e
S
t
a
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B
a
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+
K
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MCFADDEN PLACE, LLC3334 EAST COAST HIGHWAY, #418CORONA DEL MAR, CA 92625ATTN: MARIO MAROVIC949-675-2340 BUSINESS949-813-5683 MOBILE
1 Permit Submittal 03.23.23
2 PC RE Submital 05.15.23
07.25.22
07.25.22
07.25.22A1.0a DANCE FLOOR DJ PLAN A
07.25.22
A1.0b DANCE FLOOR DJ PLAN B
HOURS OF OPERATION
HOURS OF OPERATION : 6:00AM - 2:00AM DAILYPROPOSED LIVE ENTERTAINMENT : 11:00AM - 2:00AM DAILYPROPOSED DANCING : 11:00AM - 2:00AM DAILY
A0.0 EXIST. & APPROV. FL PLAN PER USE PERMIT NO. 2018-013 (PA2018-196)
A1.2 OCCUPANT LOAD CALCULATIONS
07.25.22
07.25.22
1
05.15.23 2
1
103.23.23
03.23.23
FIRE ALARM SYSTEM: BUILDING IS EQUIPPED W/ AN NFPA 72 FIRE ALARM SYSTEMIN COMPLIANCE W/ 907.2.1 OF THE CALIFORNIA FIRE CODE.2
ELEVATION @ MCFADDEN PLACE 2
05.15.23 2
05.15.23 2
05.15.23 2
05.15.23 2
(E) OPERABLE
WINDOWS TO
REMAIN
(E) DOOR W/ PANIC
HARDWARE TO
REMAIN
PATIO
123
01 1.5 1.6 1.7 2.0 2.1 2.2 2.4 2.5 3.0
D
01
1.5
1.6 1.7
2.0
2.1
2.2
2.4 2.5
3.0
C
B.4
B
A.5
A
D
C
B.4
B
A.5
A
C.9
STAIR #10.0 OCC.
STAIR #2
0.0 OCC.
78 LF @ 1/2 LF
MAIN BAR SEATING
39 OCC.
25.03 LF
12.11 LF
12.11 LFDRY STORAGE
OFFICE
2.0 OCC.
BEER WALK-IN
ICE
ELECTRIC34.3 SF
MEN'S143.2 SF
WOMEN'S
159.1 SF
JANITOR7.9 SF
24.14 LF
(E) KITCHEN
7.0 OCC.
(E) STORAGE
1 OCC.
10.0 LF @ 1/2 LF
PATIO SEATING
5 OCC.
SERVICE COUNTER
704.48 SF @ 1/5
BAR STANDING TOTAL
141 OCC.
12.11 LF @ 1/2 LFBAR BOOTH (A & B)
6 OCC EA.
45.64 LF @ 2 LF
PATIO BOOTH TOTAL
22.0 OCC.
328.57 SF @ 1/15
PATIO DINING TOTAL
22 OCC.
9 OCC.EXIT #H2
(HOTEL ABOVE)
9 OC
C
.
EXIT
#
H
1
(HO
T
E
L
A
B
O
V
E
)
142
O
C
C
.
EXIT
#
B
1
142 OCC.EXIT #B2
26 O
C
C
.
EXIT
#
B
3
45.0 SF 45.0 SF
26 OCC.EXIT #B3
234.66 SF
EXCLUDED PATH OF TRAVEL
NO OCCUPANCYAREA TO BE CLEAR OF ALLOBSTRUCTIONS NOT COMPLYINGWITH CBC CHAPTER 11B
5'-0"(E) ADA COUNTER
(E) BAR STAFF - 5 OCC.
NON PUBLIC
B.O.H STAFF
13
CUSTOMER TOTAL 260
PUBLIC AREA
EMPLOYEES
17
INTERIOR DINING PUBLIC - 211 OCC.PATIO DINING PULIC - 49 OCC.
76.9 SF
328.57 SF
PATIO - 49 OCC.
21.
5
L
F
3'-
8
"
(E
)
C
L
E
A
R
P
.
O
.
T
T
O
R
R
.
3'-8"
(E) CLE
A
R
P
.
O
.
T
T
O
R
R
.
6'-258"
(E) ADA COUNTER
3'-0"SERVER ACCESS
3'-8
"
3'-8"
(E) C
L
E
A
R
P
.
O
.
T
357.15
5'-0"(E) ADA COUNTER
BAR BOOTH (C)
25.03 LF @ LF12 OCC.
TABLE DINING (AREA C)76.9 SF @ 1/155 OCC.
(E) PATIO DOOR W/ PANIC
HARDWARE TO REMAIN
UNCONCENTRATED BAR OCC. LOADFACTOR 1/15 S.F.
STANDING AREA
OCC. LOAD FACTOR 1/5 S.F.
BOOTH / BANQUETTE AREAOCC. LOAD FACTOR 1/24" L.F.
EGRESS PATH, U.N.O..
NET PUBLIC AREA - SEEPLAN FOR INDIVIDUALS.F./OCC. FACTOR/NAME
(E) ILLUMINESCENT EXIT SIGNWITH EMERGENCY POWERBACK UP SUPPLY. COMPLYPER CBC 1013.3 & 1013.6.3
DJ AREA
1,891.8 SFNET PUBLIC AREA
A0.0
EX
I
S
T
I
N
G
A
P
P
R
O
V
E
D
F
L
O
O
R
SCALE: 1/4" = 1'-0"EXISTING APPROVED FLOOR PLAN PER USE PERMIT NO. 2018-013 (PA2018-196) 01
20
1
8
-
0
1
3
PL
A
N
P
E
R
U
S
E
P
E
R
M
I
T
N
O
.
M
C
F
A
D
D
E
N
P
L
A
C
E
PE
D
E
S
T
R
I
A
N
MA
L
L
AL
L
E
Y
SCALE: NTSLEGEND 04
SCALE: NTS 03SCALE: NTSKEYNOTES
1.01 PROVIDE A SIGN ABOVE THE DOOR THAT READS 'THIS DOOR TO REMAINUNLOCKED DURING BUSINESS HOURS' PER CBC 1010.1.9.3.1.02 EXISTING EXIT DOOR TO REMAIN, SEE DETAIL 6B FOR THRESHOLD INFO.1.03 EXISTING PANIC HARDWARE TO REMAIN1.04 OCCUPANT LOAD OF 50 OR MORE SHALL HAVE A THE OCCUPANT LOADOF THE ROOM OR SPACE POSTED IN A CONSPICUOUS PLACE, NEAR THEMAIN EXIT OR EXIT ACCESS DOORWAY FROM THE ROOM OR SPACE. CFC1004.31.05 PROVIDE AN APPROVED AISLE, SEATING, OR FIXED EQUIPMENTDIAGRAM SUSTAINING ANY INCREASE IN OCCUPANT LOAD. SUCH DIAGRAM SHALL BE POSTED IN A CONSPICUOUS PLACE. CBC 1004.21.06 EXISTING EXIT SIGN WITH BATTERY BACKUP/EMERGENCY LIGHT TO REMAIN1.07 EXISTING EMERGENCY LIGHTS WITH BATTERY BACKUP TO REMAIN1.08 EXISTING PANIC HARDWARE TO BE REMOVED
1.01
1.02
1.02
1.03
1. PROVIDE MEANS OF EGRESS LIGHTING WITH EMERGENCY POWER BACK-UP SUPPLY. CBC 1008.2 (EXISTING)
FIRE DEPARTMENT NOTES:
2. ANY ROOM HAVING AN OCCUPANT LOAD OF 50 OR MORE PERSONS WHEREFIXED SEATS ARE NOT INSTALLED, AND WHICH IS USED FOR DINING, DRINKING,OR SIMILAR PURPOSES HAVING AN OCCUPANT LOAD OF 50 OR MORE SHALL HAVETHE OCCUPANT LOAD OF THE ROOM OR SPACE POSTED IN A CONSPICUOUSPLACE, NEAR THE MAIN EXIT OR EXIT ACCESS DOORWAY FROM THE ROOM ORSPACE. POSTED SIGNS SHALL BE OF AN APPROVED LEGIBLE PERMANENT DESIGNAND SHALL BE MAINTAINED BY THE OWNER OF THE OWNER'S AUTHORIZEDAGENT. CFC 1004.3.
3. IN THE EVENT OF POWER SUPPLY FAILURE, IN BUILDINGS THAT REQUIRE TWOOR MORE MEANS OF EGRESS, AN EMERGENCY ELECTRICAL SYSTEM SHALLAUTOMATICALLY ILLUMINATE ALL OF THE FOLLOWING AREAS:A.INTERIOR EXIT ACCESS STAIRWAYS AND RAMPSB. INTERIOR AND EXTERIOR EXIT STAIRWAYS AND RAMPSC. EXIT PASSAGEWAYSD. VESTIBULES AND AREAS ON THE LEVEL OF DISCHARGE IN ACCORDANCE WITH SECTION 1028.1E. EXTERIOR LANDINGS AS REQUIRED BY SECTION 1010.1.6 FOR EXIT DOORWAYS THAT LEAD DIRECTLY TO THE EXIT DISCHARGE. CFC 1008.3.2
4. THE EMERGENCY POWER SYSTEM SHALL PROVIDE POWER FOR A DURATION OFNOT LESS THAN 90 MINUTES AND SHALL CONSIST OF STORAGE BATTERIES, UNITEQUIPMENT OR ON ON-SITE GENERATOR. CFC 1008.3.4
SCALE: NTSGENERAL NOTES 02
KNEE CLEARANCE THRESHOLD
SCALE: NTS 06ACCESSIBILITY DETAILS
A B
1.04
1.04
1.05
1.06
1.07
1.07
1.07
1.07
1.08
09.27.22
Sheet No.:
Date:
Job Number:
Rev.Description
Submittal Dates
Owner
Date
robinson hill architecture, inc.
C-23553C-20731Michael David Robinson:John Steven Hill:
Sheet Title
Consultant
Stamp
22RHA1077.C1
Project Type
OC
C
U
P
A
N
T
L
O
A
D
A
S
S
E
S
S
M
E
N
T
12
1
+
1
2
5
M
C
F
A
D
D
E
N
P
L
A
C
E
NE
W
P
O
R
T
B
E
A
C
H
,
C
A
9
2
6
6
3
Th
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S
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a
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B
a
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+
K
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MCFADDEN PLACE, LLC3334 EAST COAST HIGHWAY, #418CORONA DEL MAR, CA 92625ATTN: MARIO MAROVIC949-675-2340 BUSINESS949-813-5683 MOBILE
1 Permit Submittal 03.23.23
2 PC RE Submital 05.15.23
(P
A
2
0
1
8
-
1
9
6
)
SCALE: NTS
7 SF.
1.02
1.03
1.04
2
124
01 1.5 1.6 1.7 2.0 2.1 2.2 2.4 2.5 3.0
D
01
1.5
1.6 1.7
2.0
2.1
2.2
2.4 2.5
3.0
C
B.4
B
A.5
A
D
C
B.4
B
A.5
A
C.9
STAIR #1
0.0 OCC.
STAIR #20.0 OCC.
78 LF @ 1/2 LFMAIN BAR SEATING
39 OCC.
25.03 LF
12.11 LF
12.11 LFDRY STORAGE
OFFICE2.0 OCC.
BEER WALK-IN
ICE
ELECTRIC
34.3 SF
MEN'S
143.2 SF
WOMEN'S
159.1 SF
JANITOR
7.9 SF
24.14 LF
(E) KITCHEN
7.0 OCC.
(E) STORAGE
1 OCC.
14.5 LF @ 1/2 LFPATIO SEATING
7 OCC.
SERVICE COUNTER
689 SF @ 1/5BAR STANDING TOTAL
138 OCC.
12.11 LF @ 1/2 LFBAR BOOTH (A & B)
6 OCC EA.
45.55 LF @ 2 LFPATIO BOOTH TOTAL
23.0 OCC.
337.74 SF @ 1/15PATIO DINING TOTAL
23 OCC.
9 OCC.EXIT #H2(HOTEL ABOVE)
9 O
C
C
.
EXIT
#
H
1
(HO
T
E
L
A
B
O
V
E
)
150
O
C
C
.
EXIT
#
B
1
151 OCC.
EXIT #B2
28 O
C
C
.
EXI
T
#
B
3
45.0 SF 45.0 SF
25 OCC.
EXIT #B3
PATH OF TRAVELTO BE CLEAR OF ALLOBSTRUCTIONS TO COMPLYWITH CBC CHAPTER 11B
(E) BAR STAFF - 5 OCC.
NON PUBLIC
B.O.H STAFF
13
CUSTOMER TOTAL 299
PUBLIC AREA
EMPLOYEES
17
INTERIOR DINING PUBLIC - 246 OCC.
PATIO DINING PUBLIC - 53 OCC.
337.74 SF
21.
4
1
L
F
357.15
3'-8"
(E) CLE
A
R
P
.
O
.
T
T
O
R
R
.
6'-258"
(E) ADA COUNTER
3'-8"
(E)
C
L
E
A
R
P
.
O
.
T
3'-
8
"
61 SF @ 1/512 OCC.
6.1 LF @ 1/2 LF
INTERIOR SEATING
3 OCC.
SERVICE COUNTER
PATIO - 53 OCC.
SEE OCC. LOAD CALC.FOR MORE INFO.
SEE OCC. LOAD CALC. FOR MORE INFO.
SEE OCC. LOAD CALC.FOR MORE INFO.
STANDING TOTAL
76.9 SF
300.21 SF
3'-0
"
TABLE DINING (AREA E)
68 SF @ 1/155 OCC.
TABLE DINING (AREA D)
376 SF @ 1/1525 OCC.
BAR BOOTH (C)25.03 LF @ LF
12 OCC.
3'-0"SERVER ACCESS
3'-8
"
(E
)
C
L
E
A
R
P
.
O
.
T
T
O
R
R
.
5'-0"(E) ADA COUNTER5'-0"(E) ADA COUNTER
(E) PATIO DOOR W/ PANICHARDWARE TO REMAIN
UNCONCENTRATED BAR OCC. LOADFACTOR 1/15 S.F.
STANDING AREA
OCC. LOAD FACTOR 1/5 S.F.
BOOTH / BANQUETTE AREAOCC. LOAD FACTOR 1/24" L.F.
EGRESS PATH, U.N.O..
NET PUBLIC AREA - SEEPLAN FOR INDIVIDUALS.F./OCC. FACTOR/NAME
(E) ILLUMINESCENT EXIT SIGNWITH EMERGENCY POWERBACK UP SUPPLY. COMPLYPER CBC 1013.3 & 1013.6.3
DJ AREA
1,982.52 SFNET PUBLIC AREA
A1.0
PR
O
P
O
S
E
D
O
C
C
U
P
A
N
C
Y
SCALE: 1/4" = 1'-0"STANDARD OPERATION PROPOSED OCCUPANT LOAD FLOOR PLAN 01
LO
A
D
F
L
O
O
R
P
L
A
N
M
C
F
A
D
D
E
N
P
L
A
C
E
PE
D
E
S
T
R
I
A
N
MA
L
L
AL
L
E
Y
SCALE: NTSLEGEND 04
SCALE: NTS 03SCALE: NTSKEYNOTES
1.01 PROVIDE A SIGN ABOVE THE DOOR THAT READS 'THIS DOOR TO REMAINUNLOCKED DURING BUSINESS HOURS' PER CBC 1010.1.9.3.1.02 EXISTING EXIT DOOR TO REMAIN, SEE DETAIL 6B FOR THRESHOLD INFO.1.03 EXISTING PANIC HARDWARE TO REMAIN1.04 OCCUPANT LOAD OF 50 OR MORE SHALL HAVE A THE OCCUPANT LOADOF THE ROOM OR SPACE POSTED IN A CONSPICUOUS PLACE, NEAR THEMAIN EXIT OR EXIT ACCESS DOORWAY FROM THE ROOM OR SPACE. CFC1004.31.05 PROVIDE AN APPROVED AISLE, SEATING, OR FIXED EQUIPMENTDIAGRAM SUSTAINING ANY INCREASE IN OCCUPANT LOAD. SUCH DIAGRAM SHALL BE POSTED IN A CONSPICUOUS PLACE. CBC 1004.21.06 EXISTING EXIT SIGN WITH BATTERY BACKUP/EMERGENCY LIGHT TO REMAIN1.07 EXISTING EMERGENCY LIGHTS WITH BATTERY BACKUP TO REMAIN1.08 EXISTING PANIC HARDWARE TO BE REMOVED
1.01
1.02
1.02
1.03
1. PROVIDE MEANS OF EGRESS LIGHTING WITH EMERGENCY POWER BACK-UP SUPPLY. CBC 1008.2 (EXISTING)
FIRE DEPARTMENT NOTES:
2. ANY ROOM HAVING AN OCCUPANT LOAD OF 50 OR MORE PERSONS WHEREFIXED SEATS ARE NOT INSTALLED, AND WHICH IS USED FOR DINING, DRINKING,OR SIMILAR PURPOSES HAVING AN OCCUPANT LOAD OF 50 OR MORE SHALL HAVETHE OCCUPANT LOAD OF THE ROOM OR SPACE POSTED IN A CONSPICUOUSPLACE, NEAR THE MAIN EXIT OR EXIT ACCESS DOORWAY FROM THE ROOM ORSPACE. POSTED SIGNS SHALL BE OF AN APPROVED LEGIBLE PERMANENT DESIGNAND SHALL BE MAINTAINED BY THE OWNER OF THE OWNER'S AUTHORIZEDAGENT. CFC 1004.3.
3. IN THE EVENT OF POWER SUPPLY FAILURE, IN BUILDINGS THAT REQUIRE TWOOR MORE MEANS OF EGRESS, AN EMERGENCY ELECTRICAL SYSTEM SHALLAUTOMATICALLY ILLUMINATE ALL OF THE FOLLOWING AREAS:A.INTERIOR EXIT ACCESS STAIRWAYS AND RAMPSB. INTERIOR AND EXTERIOR EXIT STAIRWAYS AND RAMPSC. EXIT PASSAGEWAYSD. VESTIBULES AND AREAS ON THE LEVEL OF DISCHARGE IN ACCORDANCE WITH SECTION 1028.1E. EXTERIOR LANDINGS AS REQUIRED BY SECTION 1010.1.6 FOR EXIT DOORWAYS THAT LEAD DIRECTLY TO THE EXIT DISCHARGE. CFC 1008.3.2
4. THE EMERGENCY POWER SYSTEM SHALL PROVIDE POWER FOR A DURATION OFNOT LESS THAN 90 MINUTES AND SHALL CONSIST OF STORAGE BATTERIES, UNITEQUIPMENT OR ON ON-SITE GENERATOR. CFC 1008.3.4
SCALE: NTSGENERAL NOTES 02
KNEE CLEARANCE THRESHOLD
SCALE: NTS 06ACCESSIBILITY DETAILS
A B
1.04
1.04
1.05
1.06
1.07
1.07
1.07
1.07
1
1.08
09.27.22
Sheet No.:
Date:
Job Number:
Rev.Description
Submittal Dates
Owner
Date
robinson hill architecture, inc.
C-23553C-20731Michael David Robinson:John Steven Hill:
Sheet Title
Consultant
Stamp
22RHA1077.C1
Project Type
OC
C
U
P
A
N
T
L
O
A
D
A
S
S
E
S
S
M
E
N
T
12
1
+
1
2
5
M
C
F
A
D
D
E
N
P
L
A
C
E
NE
W
P
O
R
T
B
E
A
C
H
,
C
A
9
2
6
6
3
Th
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S
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a
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B
a
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+
K
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MCFADDEN PLACE, LLC3334 EAST COAST HIGHWAY, #418CORONA DEL MAR, CA 92625ATTN: MARIO MAROVIC949-675-2340 BUSINESS949-813-5683 MOBILE
1 Permit Submittal 03.23.23
2 PC RE Submital 05.15.23
NO
R
M
A
L
O
P
E
R
A
T
I
O
N
1
1
1
1
1
1
1
1
1
1.02
1.03
1.04
2
125
01 1.5 1.6 1.7 2.0 2.1 2.2 2.4 2.5 3.0
D
01
1.5
1.6 1.7
2.0
2.1
2.2
2.4 2.5
3.0
C
B.4
B
A.5
A
D
C
B.4
B
A.5
A
C.9
STAIR #10.0 OCC.
78 LF @ 1/2 LF
MAIN BAR SEATING
39 OCC.
25.03 LF
12.11 LFDRY STORAGE
OFFICE
2.0 OCC.
BEER WALK-IN
ICE
ELECTRIC34.3 SF
MEN'S143.2 SF
WOMEN'S
159.1 SF
JANITOR7.9 SF
24.14 LF
(E) KITCHEN
7.0 OCC.
(E) STORAGE
1 OCC.
DJ ALT. 1- 536.40 SF @ 1/5 =
BAR STANDING TOTAL
107 OCC.
9 OC
C
.
EXIT
#
H
1
(HO
T
E
L
A
B
O
V
E
)
(E) BAR STAFF - 5 OCC.
PUBLIC AREA
EMPLOYEES
17
76.9 SF
6'-258"
(E) ADA COUNTER 3'-8
"
3'-8"
(E) C
L
E
A
R
P
.
O
.
T
3'-
0
"
TEMP. LOCATIONFOR POOLTABLES
12.11 LF
12.11 LF @ 1/2 LF
BAR BOOTH (A & B)
6 OCC
DJ- ALT.1
25 SF1 OCC.
DJ- ALT.2
28.8 SF 1 OCC.
NON PUBLIC
B.O.H STAFF
13
CUSTOMER TOTAL 296
DJ ALT. 1- INTERIOR DINING PUBLIC - 243 OCC. PATIO DINING PUBLIC - 53 OCC.
DJ ALT. 2- INTERIOR DINING PUBLIC - 242 PATIO DINING PUBLIC - 53 OCC.
CUSTOMER TOTAL 295
DJ ALT. 2- 561.40 SF @ 1/5 =112 OCC.
149 OCC. - DJ ALT. 1149 OCC. - DJ ALT. 2EXIT #B2
PATIO DINING TOTAL
25 OCC.EXIT #B3
45.55 LF @ 2 LF
PATIO BOOTH TOTAL
23.0 OCC.
337.74 SF @ 1/15
PATIO DINING TOTAL
23 OCC.
337.74 SF
21.
4
1
L
F
61 SF @ 1/5STANDING TOTAL
12 OCC.
28 O
C
C
.
EXIT
#
B
3
14.5 LF @ 1/2 LFPATIO SEATING
7 OCC.
SERVICE COUNTER
6.1 LF @ 1/2 LFINTERIOR SEATING
3 OCC.
SERVICE COUNTER
PATIO - 53 OCC.
PATH OF TRAVEL
TO BE CLEAR OF ALLOBSTRUCTIONS TO COMPLYWITH CBC CHAPTER 11B
3'-0"SERVER ACCESS
5'-0"(E) ADA COUNTER
307 SF
149
O
C
C
.
-
D
J
A
L
T
.
1
148
O
C
C
.
-
D
J
A
L
T
.
2
EXIT
#
B
1
5'-0"(E) ADA COUNTER
3'-0
"
DJ - 1
TABLE DINING (AREA D)384 SF @ 1/1526 OCC.
BAR BOOTH (C)
25.03 LF @ LF12 OCC.
3'-8"
(E) CLE
A
R
P
.
O
.
T
T
O
R
R
.
DANCE FLOOR
122.63 SF25 OCC.
TABLE DINING (AREA E)68 SF @ 1/15
5 OCC.
3'-
8
"
(E
)
C
L
E
A
R
P
.
O
.
T
T
O
R
R
.
(E) PATIO DOOR W/ PANIC
HARDWARE TO REMAIN
UNCONCENTRATED BAR OCC. LOADFACTOR 1/15 S.F.
STANDING AREA
OCC. LOAD FACTOR 1/5 S.F.
BOOTH / BANQUETTE AREAOCC. LOAD FACTOR 1/24" L.F.
EGRESS PATH, U.N.O..
NET PUBLIC AREA - SEEPLAN FOR INDIVIDUAL
S.F./OCC. FACTOR/NAME
(E) ILLUMINESCENT EXIT SIGNWITH EMERGENCY POWERBACK UP SUPPLY. COMPLY
PER CBC 1013.3 & 1013.6.3
DJ AREA
1,982.52 SFNET PUBLIC AREA
A1.0aSCALE: 1/4" = 1'-0"PROPOSED DANCE FLOOR DJ PLAN A OCCUPANT LOAD W/ POOL TABLES STORED ON SITE 01
M
C
F
A
D
D
E
N
P
L
A
C
E
PE
D
E
S
T
R
I
A
N
MA
L
L
AL
L
E
Y
SCALE: NTSLEGEND 04
SCALE: NTS 03SCALE: NTSKEYNOTES
1.01 PROVIDE A SIGN ABOVE THE DOOR THAT READS 'THIS DOOR TO REMAINUNLOCKED DURING BUSINESS HOURS' PER CBC 1010.1.9.3.1.02 EXISTING EXIT DOOR TO REMAIN, SEE DETAIL 6B FOR THRESHOLD INFO.1.03 EXISTING PANIC HARDWARE TO REMAIN1.04 OCCUPANT LOAD OF 50 OR MORE SHALL HAVE A THE OCCUPANT LOADOF THE ROOM OR SPACE POSTED IN A CONSPICUOUS PLACE, NEAR THEMAIN EXIT OR EXIT ACCESS DOORWAY FROM THE ROOM OR SPACE. CFC1004.31.05 PROVIDE AN APPROVED AISLE, SEATING, OR FIXED EQUIPMENTDIAGRAM SUSTAINING ANY INCREASE IN OCCUPANT LOAD. SUCH DIAGRAM SHALL BE POSTED IN A CONSPICUOUS PLACE. CBC 1004.21.06 EXISTING EXIT SIGN WITH BATTERY BACKUP/EMERGENCY LIGHT TO REMAIN1.07 EXISTING EMERGENCY LIGHTS WITH BATTERY BACKUP TO REMAIN1.08 EXISTING PANIC HARDWARE TO BE REMOVED
1.02
1.01
1.02
1.03
1.02
1.03
1. PROVIDE MEANS OF EGRESS LIGHTING WITH EMERGENCY POWER BACK-UP SUPPLY. CBC 1008.2 (EXISTING)
FIRE DEPARTMENT NOTES:
2. ANY ROOM HAVING AN OCCUPANT LOAD OF 50 OR MORE PERSONS WHEREFIXED SEATS ARE NOT INSTALLED, AND WHICH IS USED FOR DINING, DRINKING,OR SIMILAR PURPOSES HAVING AN OCCUPANT LOAD OF 50 OR MORE SHALL HAVETHE OCCUPANT LOAD OF THE ROOM OR SPACE POSTED IN A CONSPICUOUSPLACE, NEAR THE MAIN EXIT OR EXIT ACCESS DOORWAY FROM THE ROOM ORSPACE. POSTED SIGNS SHALL BE OF AN APPROVED LEGIBLE PERMANENT DESIGNAND SHALL BE MAINTAINED BY THE OWNER OF THE OWNER'S AUTHORIZEDAGENT. CFC 1004.3.
3. IN THE EVENT OF POWER SUPPLY FAILURE, IN BUILDINGS THAT REQUIRE TWOOR MORE MEANS OF EGRESS, AN EMERGENCY ELECTRICAL SYSTEM SHALLAUTOMATICALLY ILLUMINATE ALL OF THE FOLLOWING AREAS:A.INTERIOR EXIT ACCESS STAIRWAYS AND RAMPSB. INTERIOR AND EXTERIOR EXIT STAIRWAYS AND RAMPSC. EXIT PASSAGEWAYSD. VESTIBULES AND AREAS ON THE LEVEL OF DISCHARGE IN ACCORDANCE WITH SECTION 1028.1E. EXTERIOR LANDINGS AS REQUIRED BY SECTION 1010.1.6 FOR EXIT DOORWAYS THAT LEAD DIRECTLY TO THE EXIT DISCHARGE. CFC 1008.3.2
4. THE EMERGENCY POWER SYSTEM SHALL PROVIDE POWER FOR A DURATION OFNOT LESS THAN 90 MINUTES AND SHALL CONSIST OF STORAGE BATTERIES, UNITEQUIPMENT OR ON ON-SITE GENERATOR. CFC 1008.3.4
SCALE: NTSGENERAL NOTES 02
KNEE CLEARANCE THRESHOLD
SCALE: NTS 06ACCESSIBILITY DETAILS
A B
1.04
1.04
1.04
1.05
1.06
1.07
1.07
1.07
1.07
1.08
09.27.22
Sheet No.:
Date:
Job Number:
Rev.Description
Submittal Dates
Owner
Date
robinson hill architecture, inc.
C-23553C-20731Michael David Robinson:John Steven Hill:
Sheet Title
Consultant
Stamp
22RHA1077.C1
Project Type
OC
C
U
P
A
N
T
L
O
A
D
A
S
S
E
S
S
M
E
N
T
12
1
+
1
2
5
M
C
F
A
D
D
E
N
P
L
A
C
E
NE
W
P
O
R
T
B
E
A
C
H
,
C
A
9
2
6
6
3
Th
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B
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MCFADDEN PLACE, LLC3334 EAST COAST HIGHWAY, #418CORONA DEL MAR, CA 92625ATTN: MARIO MAROVIC949-675-2340 BUSINESS949-813-5683 MOBILE
1 Permit Submittal 03.23.23
2 PC RE Submital 05.15.23
PL
A
N
A
DA
N
C
E
F
L
O
O
R
D
J
1
1
1
1
1
1
1
1
1
1
1
2
126
01 1.5 1.6 1.7 2.0 2.1 2.2 2.4 2.5 3.0
D
01
1.5
1.6 1.7
2.0
2.1
2.2
2.4 2.5
3.0
C
B.4
B
A.5
A
D
C
B.4
B
A.5
A
C.9
STAIR #10.0 OCC.
78 LF @ 1/2 LF
MAIN BAR SEATING
39 OCC.
25.03 LF
DRY STORAGE
OFFICE
2.0 OCC.
BEER WALK-IN
ICE
ELECTRIC
34.3 SF
MEN'S143.2 SF
WOMEN'S159.1 SF
JANITOR7.9 SF
24.14 LF
(E) KITCHEN
7.0 OCC.
(E) STORAGE
1 OCC.
BAR STANDING TOTAL
9 OC
C
.
EXIT
#
H
1
(HO
T
E
L
A
B
O
V
E
)
157
O
C
C
.
-
D
J
A
L
T
.
1
156
O
C
C
.
D
J
A
L
T
.
2
EXIT
#
B
1
5'-0"(E) ADA COUNTER
(E) BAR STAFF - 5 OCC.
CUSTOMER TOTAL 311
DJ ALT. 1- INTERIOR DINING PUBLIC - 258 OCC. PATIO DINING PUBLIC - 53 OCC.
DJ ALT. 2- INTERIOR DINING PUBLIC - 257 PATIO DINING PUBLIC - 53 OCC.
76.9 SF
3'-8"
(E) CLE
A
R
P
.
O
.
T
T
O
R
R
.
6'-258"
(E) ADA COUNTER
3'-0"SERVER ACCESS
3'-
8
"
3'-8"
(E) C
L
E
A
R
P
.
O
.
T
BAR BOOTH (C)
25.03 LF @ LF12 OCC.
DANCE FLOOR /ENTERMAINMENT230 SF46 OCC.
12.11 LF @ 1/2 LFBAR BOOTH (A & B)
6 OCC EA.
12.11 LF
156 OCC. - DJ ALT. 1156 OCC. - DJ ALT. 2
EXIT #B2
NON PUBLIC
B.O.H STAFF
13
CUSTOMER TOTAL 310
DJ ALT. 1 - 513.64 SF @ 1/5 =103 OCC.DJ ALT. 2 - 538.64 SF @ 1/5 =108 OCC.
PATIO DINING TOTAL
25 OCC.EXIT #B3
45.55 LF @ 2 LF
PATIO BOOTH TOTAL
23.0 OCC.
337.74 SF @ 1/15
PATIO DINING TOTAL
23 OCC.
337.74 SF
21.
4
1
L
F
14.5 LF @ 1/2 LFPATIO SEATING
7 OCC.
SERVICE COUNTER
6.1 LF @ 1/2 LFINTERIOR SEATING
3 OCC.
SERVICE COUNTER
61 SF @ 1/5
STANDING TOTAL
12 OCC.
28 O
C
C
.
EXIT
#
B
3
PATH OF TRAVEL
TO BE CLEAR OF ALLOBSTRUCTIONS TO COMPLYWITH CBC CHAPTER 11B
3'-
0
"
DJ-ALT. 228.8 SF
1 OCC.
5'-0"(E) ADA COUNTER
PATIO - 53 OCC.
PUBLIC AREA
EMPLOYEES
17
DJ - 1
DJ- ALT.125 SF1 OCC.
300.21 SF
TABLE DINING (AREA E)68 SF @ 1/15
5 OCC.
3'-
8
"
(E
)
C
L
E
A
R
P
.
O
.
T
T
O
R
R
.
TABLE DINING (AREA D)376 SF @ 1/15
25 OCC.
(E) PATIO DOOR W/ PANIC
HARDWARE TO REMAIN
UNCONCENTRATED BAR OCC. LOADFACTOR 1/15 S.F.
STANDING AREA
OCC. LOAD FACTOR 1/5 S.F.
BOOTH / BANQUETTE AREAOCC. LOAD FACTOR 1/24" L.F.
EGRESS PATH, U.N.O..
NET PUBLIC AREA - SEEPLAN FOR INDIVIDUAL
S.F./OCC. FACTOR/NAME
(E) ILLUMINESCENT EXIT SIGNWITH EMERGENCY POWERBACK UP SUPPLY. COMPLYPER CBC 1013.3 & 1013.6.3
DJ AREA
1,982.52 SFNET PUBLIC AREA
A1.0bSCALE: 1/4" = 1'-0"01
M
C
F
A
D
D
E
N
P
L
A
C
E
PE
D
E
S
T
R
I
A
N
MA
L
L
AL
L
E
Y
1.02
1.011.02
1.03
1.02
1.03
KNEE CLEARANCE THRESHOLD
SCALE: NTS 06ACCESSIBILITY DETAILS
A B
1.04
1.04
1.04
1.05
1.06
1.07
1.07
1.07
1.07
1.08
09.27.22
Sheet No.:
Date:
Job Number:
Rev.Description
Submittal Dates
Owner
Date
robinson hill architecture, inc.
C-23553C-20731Michael David Robinson:John Steven Hill:
Sheet Title
Consultant
Stamp
22RHA1077.C1
Project Type
OC
C
U
P
A
N
T
L
O
A
D
A
S
S
E
S
S
M
E
N
T
12
1
+
1
2
5
M
C
F
A
D
D
E
N
P
L
A
C
E
NE
W
P
O
R
T
B
E
A
C
H
,
C
A
9
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6
6
3
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MCFADDEN PLACE, LLC3334 EAST COAST HIGHWAY, #418CORONA DEL MAR, CA 92625ATTN: MARIO MAROVIC949-675-2340 BUSINESS949-813-5683 MOBILE
1 Permit Submittal 03.23.23
2 PC RE Submital 05.15.23
POOL TABLES MOVEDTO OFF SITE STORAGE
PL
A
N
B
DA
N
C
E
F
L
O
O
R
D
J
SCALE: NTSLEGEND 04
SCALE: NTS 03SCALE: NTSKEYNOTES
1.01 PROVIDE A SIGN ABOVE THE DOOR THAT READS 'THIS DOOR TO REMAINUNLOCKED DURING BUSINESS HOURS' PER CBC 1010.1.9.3.1.02 EXISTING EXIT DOOR TO REMAIN, SEE DETAIL 6B FOR THRESHOLD INFO.1.03 EXISTING PANIC HARDWARE TO REMAIN1.04 OCCUPANT LOAD OF 50 OR MORE SHALL HAVE A THE OCCUPANT LOADOF THE ROOM OR SPACE POSTED IN A CONSPICUOUS PLACE, NEAR THEMAIN EXIT OR EXIT ACCESS DOORWAY FROM THE ROOM OR SPACE. CFC1004.31.05 PROVIDE AN APPROVED AISLE, SEATING, OR FIXED EQUIPMENTDIAGRAM SUSTAINING ANY INCREASE IN OCCUPANT LOAD. SUCH DIAGRAM SHALL BE POSTED IN A CONSPICUOUS PLACE. CBC 1004.21.06 EXISTING EXIT SIGN WITH BATTERY BACKUP/EMERGENCY LIGHT TO REMAIN1.07 EXISTING EMERGENCY LIGHTS WITH BATTERY BACKUP TO REMAIN1.08 EXISTING PANIC HARDWARE TO BE REMOVED
1. PROVIDE MEANS OF EGRESS LIGHTING WITH EMERGENCY POWER BACK-UP SUPPLY. CBC 1008.2 (EXISTING)
FIRE DEPARTMENT NOTES:
2. ANY ROOM HAVING AN OCCUPANT LOAD OF 50 OR MORE PERSONS WHEREFIXED SEATS ARE NOT INSTALLED, AND WHICH IS USED FOR DINING, DRINKING,OR SIMILAR PURPOSES HAVING AN OCCUPANT LOAD OF 50 OR MORE SHALL HAVETHE OCCUPANT LOAD OF THE ROOM OR SPACE POSTED IN A CONSPICUOUSPLACE, NEAR THE MAIN EXIT OR EXIT ACCESS DOORWAY FROM THE ROOM ORSPACE. POSTED SIGNS SHALL BE OF AN APPROVED LEGIBLE PERMANENT DESIGNAND SHALL BE MAINTAINED BY THE OWNER OF THE OWNER'S AUTHORIZEDAGENT. CFC 1004.3.
3. IN THE EVENT OF POWER SUPPLY FAILURE, IN BUILDINGS THAT REQUIRE TWOOR MORE MEANS OF EGRESS, AN EMERGENCY ELECTRICAL SYSTEM SHALLAUTOMATICALLY ILLUMINATE ALL OF THE FOLLOWING AREAS:A.INTERIOR EXIT ACCESS STAIRWAYS AND RAMPSB. INTERIOR AND EXTERIOR EXIT STAIRWAYS AND RAMPSC. EXIT PASSAGEWAYSD. VESTIBULES AND AREAS ON THE LEVEL OF DISCHARGE IN ACCORDANCE WITH SECTION 1028.1E. EXTERIOR LANDINGS AS REQUIRED BY SECTION 1010.1.6 FOR EXIT DOORWAYS THAT LEAD DIRECTLY TO THE EXIT DISCHARGE. CFC 1008.3.2
4. THE EMERGENCY POWER SYSTEM SHALL PROVIDE POWER FOR A DURATION OFNOT LESS THAN 90 MINUTES AND SHALL CONSIST OF STORAGE BATTERIES, UNITEQUIPMENT OR ON ON-SITE GENERATOR. CFC 1008.3.4
SCALE: NTSGENERAL NOTES 02
PROPOSED DANCE FLOOR DJ PLAN B OCCUPANT LOAD W/ POOL TABLES STORED OFF SITE
1
1
1
1
1
1
1
1
1
1
1
1
2
127
09.27.22
Sheet No.:
Date:
Job Number:
Rev.Description
Submittal Dates
Owner
Date
robinson hill architecture, inc.
C-23553C-20731Michael David Robinson:John Steven Hill:
Sheet Title
Consultant
Stamp
22RHA1077.C1
Project Type
OC
C
U
P
A
N
T
L
O
A
D
A
S
S
E
S
S
M
E
N
T
12
1
+
1
2
5
M
C
F
A
D
D
E
N
P
L
A
C
E
NE
W
P
O
R
T
B
E
A
C
H
,
C
A
9
2
6
6
3
Th
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S
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B
a
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MCFADDEN PLACE, LLC3334 EAST COAST HIGHWAY, #418CORONA DEL MAR, CA 92625ATTN: MARIO MAROVIC949-675-2340 BUSINESS949-813-5683 MOBILE
1 Permit Submittal 03.23.23
2 PC RE Submital 05.15.23
OC
C
U
P
A
N
T
L
O
A
D
C
A
L
C
S
.
ST
A
G
B
A
R
+
K
I
T
C
H
E
N
A1.1NORMAL OPERATION PROPOSED OCCUPANT LOAD & PLUMB CALCS. - PER PLAN A1.0 EXISTING & APPROVED OCCUPANT LOAD & PLUMB. CALCS. PER USE PERMIT # 2018-013 (PA2018-196)
PLUMBING FIXTURE CALCULATIONS THE STAG BAR + KITCHEN (Ground Floor) EXISTING OCCUPANCY LOAD CALC.
CPC Table 422.1 UNIT #DESCRIPTION USE AREA LENGTH OCC. FACTOR OCC. LOAD
Type Area Ratio Occ.
BAR BAR STANDING 704.48 sf 1/5 sf 141
A-2 1,891.83 30 64.0 BAR SEATS 147.30 sf 78.00 lf 1/2 lf 39
A-2 -15 0.0 DINING TABLE DINING C 76.90 sf 1/15 sf 5
KITCHEN 1,047.00 200 5.7 BAR BOOTH A 27.83 sf 12.11 lf 1/2 lf 6
B -200 0.0 BAR BOOTH B 27.83 sf 12.11 lf 1/2 lf 6
BAR BOOTH C 49.10 sf 25.03 lf 1/2 lf 12
TOTAL 70.0 PATIO DINING TABLE DINING 328.57 sf 1/15 sf 22
BOOTH SEATING 88.40 sf 45.64 lf 1/2 lf 22
Occupants SERVICE CTR.COUNTER SEATS 31.30 10.00 lf 1/2 lf 5
TOTALS 260
35.0 M 1 WC, 1 U & 1 Lav
1:1-50; 1:1-200; 1:1-150 PUBLIC AREAEMPLOYEES OFFICE GENERAL MANAGER 1
35.0 F 2 WC & 1 Lav AST. GENERALMANAGER 1
PUBLIC AREASTAFF SECURITY 6
Required Provided ADA BUS BOY 2
M-WC 11 1 SERVERS 5
M-U 1 3 1 HOSTESS 2
M-L 1 2 1 TOTALS 17
W-WC 2 3 1
W-L 1 2 1 EXISTING KITCHEN AND BAR STAFF OCCUPANTS TO REMAIN TOTALS 13
MISC AREAS NOT INCLD. IN OCC. LOAD CALCS 1,114.63 sf 0
UNOBSTRUCTED PATH OF TRAVEL 234.66 sf 0
TOTAL GROUND FLOOR OCCUPANCY 290
THE STAG HOTEL (Second Floor)
EXISTING RESIDENTIAL OCCUPANTS TO REMAIN TOTALS 17
PLUMBING FIXTURE CALCULATIONS THE STAG BAR + KITCHEN (Ground Floor) - STANDARD OPERATION PROPOSED OCC. LOAD
PLAN A1.0
CPC Table 422.1 UNIT #DESCRIPTION USE AREA LENGTH OCC. FACTOR OCC. LOAD
Type Area Ratio Occ.
A-2 1,982.52 30 67.0 BAR BAR STANDING 749.80 sf 1/5 sf 150
A-2 -15 0.0 BAR SEATS 147.30 sf 78.00 lf 1/2 lf 39
KITCHEN 1,047.00 200 5.7 DINING TABLE DINING D 376.00 sf 1/15 sf 25
B 69.20 200 1.0 TABLE DINING E 68.00 sf 1/15 sf 5
BAR BOOTH A 27.83 sf 12.11 lf 1/2 lf 6
TOTAL 74.0 BAR BOOTH B 27.83 sf 12.11 lf 1/2 lf 6
BAR BOOTH C 49.10 sf 25.03 lf 1/2 lf 12
COUNTER SEATS 6.1 lf 1/2 lf 3
Occupants PATIO DINING TABLE DINING 337.74 sf 1/15 sf 23
BOOTH SEATING 87.24 sf 45.55 lf 1/2 lf 23
37.0 M 1 WC, 1 U & 1 Lav SERVICE CTR.COUNTER SEATS 14.50 lf 1/2 lf 7
1:1-50; 1:1-200; 1:1-150 TOTALS 299
37.0 F 2 WC & 1 Lav
PUBLIC AREAEMPLOYEES OFFICE GENERAL MANAGER 1
Required Provided ADA AST. GENERALMANAGER 1
M-WC 11 1
PUBLIC AREASTAFF SECURITY 6
M-U 1 3 1 BUS BOY 2
M-L 1 2 1 SERVERS 5
W-WC 2 3 1 HOSTESS 2
W-L 1 2 1 TOTALS 17
EXISTING KITCHEN AND BAR STAFF OCCUPANTS TO REMAIN TOTALS 13
TOTAL GROUND FLOOR OCCUPANCY 329
THE STAG HOTEL (Second Floor)
EXISTING RESIDENTIAL
OCCUPANTS TO REMAIN TOTALS 17
1
1
128
A1.2PROPOSED PLAN A OCC. LOAD & PLUMB. CALCS. POOL TABLES STORED ON SITE - REFER TO PLAN A1.0a
09.27.22
Sheet No.:
Date:
Job Number:
Rev.Description
Submittal Dates
Owner
Date
robinson hill architecture, inc.
C-23553C-20731Michael David Robinson:John Steven Hill:
Sheet Title
Consultant
Stamp
22RHA1077.C1
Project Type
OC
C
U
P
A
N
T
L
O
A
D
A
S
S
E
S
S
M
E
N
T
12
1
+
1
2
5
M
C
F
A
D
D
E
N
P
L
A
C
E
NE
W
P
O
R
T
B
E
A
C
H
,
C
A
9
2
6
6
3
Th
e
S
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a
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B
a
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K
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MCFADDEN PLACE, LLC3334 EAST COAST HIGHWAY, #418CORONA DEL MAR, CA 92625ATTN: MARIO MAROVIC949-675-2340 BUSINESS949-813-5683 MOBILE
1 Permit Submittal 03.23.23
2 PC RE Submital 05.15.23
OC
C
U
P
A
N
T
L
O
A
D
C
A
L
C
S
.
ST
A
G
B
A
R
+
K
I
T
C
H
E
N
PROPOSED PLAN B OCC. LOAD & PLUMB. CALCS. POOL TABLES STORED OFF SITE - REFER TO PLAN A1.0b
1
1
PLUMBING FIXTURE CALCULATIONS THE STAG BAR + KITCHEN (Ground Floor) - PROPOSED DANCE FLOOR DJ PLAN A OCC. LOAD
POOL TABLES STORED ON SITE - A1.0a DJ-ALT. 2 DJ-ALT.1
CPC Table 422.1 UNIT # DESCRIPTION USE AREA LENGTH OCC. FACTOR OCC. LOAD OCC. LOAD
Type Area Ratio Occ.
A-2 1,847.95 30 62.0 BAR BAR STANDING 597.40 sf 1/5 sf 120
BAR SEATS 147.30 sf 78.00 lf 1/2 lf 39
A-2 122.63 15 8.2 ENTERNAINENT DANCE FLOOR STANDING 122.63 sf 1/5 sf 25
KITCHEN 1,047.00 200 5.7 DJ -ALT. 1 26.14 sf 1/200 sf 1
B 69.20 200 1.0 DINING TABLE DINING D 384.00 sf 1/15 sf 26
TABLE DINING E 68.00 sf 1/15 sf 5
TOTAL 77.0 BAR BOOTH A 27.83 sf 12.11 lf 1/2 lf 6
BAR BOOTH B 27.83 sf 12.11 lf 1/2 lf 6
BAR BOOTH C 49.10 sf 25.03 lf 1/2 lf 12
COUNTER SEATS 6.1 lf 1/2 lf 3
Occupants PATIO DINING TABLE DINING 337.74 sf 1/15 sf 23
BOOTH SEATING 87.24 sf 45.55 lf 1/2 lf 23
39.0 M 1 WC, 1 U & 1 Lav SERVICE CTR.COUNTER SEATS 14.50 lf 1/2 lf 7
1:1-50; 1:1-200; 1:1-150 TOTALS 296
39.0 F 2 WC & 1 Lav
Required Provided ADA BAR BAR STANDING 622.40 sf 1/5 sf 125
M-WC 11 1 BAR SEATS 147.30 sf 78.00 lf 1/2 lf 39
ENTERNAINENT DANCE FLOOR STANDING 122.63 sf 1/5 sf 25
M-U 1 3 1 DJ -ALT. 2 28.87 sf 1/200 sf 1
M-L 12 1 DINING TABLE DINING D 384.00 sf 1/15 sf 26
W-WC 2 3 1 TABLE DINING E 68.00 sf 1/15 sf 5
W-L 12 1 BAR BOOTH A 27.83 sf 12.11 lf 1/2 lf 6
BAR BOOTH B 27.83 sf 12.11 lf 1/2 lf 0
BAR BOOTH C 49.10 sf 25.03 lf 1/2 lf 12
COUNTER SEATS 6.1 lf 1/2 lf 3
PATIO DINING TABLE DINING 337.74 sf 1/15 sf 23
BOOTH SEATING 87.24 sf 45.55 lf 1/2 lf 23
SERVICE CTR.COUNTER SEATS 14.50 lf 1/2 lf 7
TOTALS 295
PUBLIC AREA
EMPLOYEES OFFICE GENERAL MANAGER 1 1
AST. GENERAL
MANAGER 11
PUBLIC AREA
STAFF SECURITY 6 6
BUS BOY 22
SERVERS 5 5
HOSTESS 22
TOTALS 17 17
EXISTING KITCHEN AND BAR STAFFOCCUPANTS TO REMAIN TOTALS 13 13
TOTAL GROUND FLOOR
OCCUPANCY 325 326
THE STAG HOTEL
(Second Floor)
EXISTING RESIDENTIAL OCCUPANTS TO REMAIN TOTALS 17
PLUMBING FIXTURE CALCULATIONS THE STAG BAR + KITCHEN (Ground Floor) - PROPOSED DANCE FLOOR DJ PLAN B OCC. LOAD
POOL TABLES STORED OFF SITE - A1.0b DJ-ALT. 2 DJ-ALT.1
CPC Table 422.1 UNIT #DESCRIPTION USE AREA LENGTH OCC. FACTOR OCC. LOAD OCC. LOAD
Type Area Ratio Occ.
A-2 1,731.82 30 58.0 BAR BAR STANDING 574.64 sf 1/5 sf 115
BAR SEATS 147.30 sf 78.00 lf 1/2 lf 39
A-2 230.00 15 15.3 ENTERNAINENT DANCE FLOOR STANDING 230.00 sf 1/5 sf 46
KITCHEN 1,047.00 200 5.7 DJ -ALT. 1 25.00 sf 1/200 sf 1
B 69.20 200 1.0 DINING TABLE DINING D 376.00 sf 1/15 sf 25
TABLE DINING E 68.00 sf 1/15 sf 5
TOTAL 81.0 BAR BOOTH A 27.83 sf 12.11 lf 1/2 lf 6
BAR BOOTH B 27.83 sf 12.11 lf 1/2 lf 6
BAR BOOTH C 49.10 sf 25.03 lf 1/2 lf 12
COUNTER SEATS 6.1 lf 1/2 lf 3
Occupants PATIO DINING TABLE DINING 337.74 sf 1/15 sf 23
BOOTH SEATING 87.24 sf 45.55 lf 1/2 lf 23
41.0 M 1 WC, 1 U & 1 Lav SERVICE CTR.COUNTER SEATS 14.50 lf 1/2 lf 7
1:1-50; 1:1-200; 1:1-150 TOTALS 311
41.0 F 2 WC & 1 Lav
Required Provided ADA
M-WC 11 1 BAR BAR STANDING 599.64 sf 1/5 sf 120
BAR SEATS 147.30 sf 78.00 lf 1/2 lf 39
M-U 1 3 1 ENTERNAINENT DANCE FLOOR STANDING 230.00 sf 1/5 sf 46
M-L 1 2 1 DJ -ALT. 2 28.87 sf 1/200 sf 1
W-WC 2 3 1 DINING TABLE DINING D 376.00 sf 1/15 sf 25
W-L 1 2 1 TABLE DINING E 68.00 sf 1/15 sf 5
BAR BOOTH A 27.83 sf 12.11 lf 1/2 lf 6
BAR BOOTH B 27.83 sf 12.11 lf 1/2 lf 0
BAR BOOTH C 49.10 sf 25.03 lf 1/2 lf 12
COUNTER SEATS 6.1 lf 1/2 lf 3
PATIO DINING TABLE DINING 337.74 sf 1/15 sf 23
BOOTH SEATING 87.24 sf 45.64 lf 1/2 lf 23
SERVICE CTR.COUNTER SEATS 14.50 lf 1/2 lf 7
TOTALS 310
PUBLIC AREAEMPLOYEES OFFICE GENERAL MANAGER 11
AST. GENERALMANAGER 11
PUBLIC AREASTAFF SECURITY 6 6
BUS BOY 22
SERVERS 5 5
HOSTESS 22
TOTALS 17 17
EXISTING KITCHEN AND BAR STAFF OCCUPANTS TO REMAIN TOTALS 13 13
TOTAL GROUND FLOOR OCCUPANCY 340 341
THE STAG HOTEL
(Second Floor)
EXISTING RESIDENTIAL OCCUPANTS TO REMAIN TOTALS 17
1
1
1
1
129
A2.0SCALE: N.T.SEXISTING - STAG BAR + KITCHEN - REFERENCE FLOOR PLAN 01
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09.27.22
Sheet No.:
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Job Number:
Rev.Description
Submittal Dates
Owner
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robinson hill architecture, inc.
C-23553C-20731Michael David Robinson:John Steven Hill:
Sheet Title
Consultant
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22RHA1077.C1
Project Type
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MCFADDEN PLACE, LLC3334 EAST COAST HIGHWAY, #418CORONA DEL MAR, CA 92625ATTN: MARIO MAROVIC949-675-2340 BUSINESS949-813-5683 MOBILE
1 Permit Submittal 03.23.23
2 PC RE Submital 05.15.23
130
From:Elizabeth Walker <elizabethrwalker@gmail.com>
Sent:July 31, 2023 4:40 PM
To:Planning Commissioners
Subject:Support Item 2 (Stag Occupant Load & Operational Changes)
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Chairman Ellmore and members of the Newport Beach Planning Commission,
My name is, Elizabeth Walker. I have lived in Newport Beach for 12yrs. I am writing so you are aware of my support for
Item 2, Stag Occupant Load Increase and Operational Changes, which will increase the occupancy allowance from 260 to
290 persons and allow for live entertainment and dancing. My family and I used to never spend time in McFadden
Square. However, since Mario Marovic has become an owner in this amazing area of our city we enjoy the complete
revision of this location and appreciate it. We all love to go down as a family or as an exceptional date night. I believe
community leaders like Mario should be trusted to continue to grow and invest in our community. He has proven to be
equipped with the tools to do so thus far. I know it is vital to a city's success to support good operators like Mario. He
has cleaned up McFadden Square and showed success in making our city a better place to live. It seems only sensible to
reward that by giving his business the best opportunity for success. Stag is already allowed to play music, allowing it to
be live and have patrons enjoy a dance will only attract more customers. The Stag Bar has excellent security. It has a
comprehensive plan that is already successful and will continue to be so with the occupancy increase. Currently, the line
out the door each night is more of a risk than to have the patrons inside under the security of a controlled
environment. The occupancy increase will not impact parking as this is a high volume ride share service area.
Thank you for much for your time and please suport proven operators like Mario Marovic by supporting this item.
Sincerely,
Elizabeth Walker
Planning Commission - August 3, 2023 Item No. 2a - Additional Materials Received Stag Bar Occupant Load and Occupational Changes (PA2022-0249)
From:Steven Darden <dardensteve@gmail.com>
Sent:August 01, 2023 7:12 AM
To:Planning Commissioners
Subject:Support Item 2: Stag Occupant Load Increase And Operational Changes
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Chairman Ellmore and Members of the Newport Beach Planning Commission
My name is Steve Darden and I am writing as a long‐time resident who has lived in this area of
Newport Beach for over 25 years. I urge you to support Item 2, the request for a Conditional
Use Permit to allow live entertainment/dancing and increase the allowed occupant load of the
Stag Bar.
I choose to live in this area because of the vibrant and fun atmosphere the peninsula offers.
The opportunity to permit a proven operator to provide live entertainment and dancing will
further the experience for residents like myself and visitors coming to the Peninsula.
I also do not think the increased occupant load will have any impact on parking because most
people walk or ride‐share whenever visiting McFadden Square.
Additionally, when considering this item, I believe it is critical to recognize the massive impacts
the landowner, Mario Marovic has made in this area. At a time, when property owners were
not willing to invest or even visit this area of our city, Mario made significant investments to
completely remodel almost all of McFadden Square.This includes, but is not limited to the Stag
Property, the Dory Deli, The Super Panga and the condominiums on 22nd Street. In doing so, he
removed undesirable liquor stores and turned the entire location into a family friendly area
that anyone can visit.
For all of these reasons, I ask that you please support this item.
Steve
Planning Commission - August 3, 2023 Item No. 2a - Additional Materials Received Stag Bar Occupant Load and Occupational Changes (PA2022-0249)
From:Nathan Holthouser <nathan@coastalcommercial.com>
Sent:August 01, 2023 12:20 PM
To:Planning Commissioners
Subject:Support of Stag Bar Occupancy Increase & CUP Change
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Newport Beach Planning Commission,
My name is Nathan Holthouser. I am a Newport Beach resident, home owner, and business owner. I have lived in
Newport Beach for 15 years. I am wriƟng to express my support for Item 2 "Stag Occupant Load Increase and
OperaƟonal Changes" which would increase the occupancy to 290 people from 260 people and allow for live
entertainment and dancing.
I support this item for several reasons:
1.) The owner has proved to be a responsible operator focused on adding value to the community. All the other
establishments that the owner has have all received significant investment that have resulted in higher quality
food & beverage experiences for the community.
2.) Having the ability to have live music and dancing is fantasƟc. As a huge music lover I believe that offering this
experience to the community adds to the rich culture that Newport Beach has to offer. ArƟsts can play inside of
a great venue by the beach. I feel like the experience for patrons will be enhanced without negaƟvely impacƟng
the community.
3.) The area has great synergy with other businesses that I believe will benefit from making Stag Bar more dynamic
with live entertainment and dancing. I love to dance and having another opƟon to do that locally would cause
me to spend more Ɵme in Newport Beach instead of leaving to a neighboring city.
4.) I purchased my home at 106 7th Street in 2014 with all of my life savings because I love the lifestyle that
Newport Beach has to offer. Part of this lifestyle is having quality opƟons for food, adult beverages, and
entertainment. I hope that others realize that having operators willing to invest into their community is essenƟal
for a community to thrive. This includes supporƟng operators that seek to deliver unique experiences. This item
if passed will help in this endeavor.
Thank you for your Ɵme and please support business owners like Mario Marovic that truly raise the quality of life in
Newport Beach.
Nathan Holthouser
President
C: 949.229.2273
nathan@coastalcommercial.com
BRE License 01838616
www.coastalcommercial.com
Planning Commission - August 3, 2023 Item No. 2a - Additional Materials Received Stag Bar Occupant Load and Occupational Changes (PA2022-0249)
From:thecompeanfamily@gmail.com
Sent:August 01, 2023 3:50 PM
To:Planning Commissioners
Subject:FW: Stag Bar+Kitchen Occupant Load Increase and Operational Changes
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Honorable Members of the Newport Beach Planning Commission,
I am writing to offer my unwavering support for Item 2, the request for a Conditional Use Permit to
increase the allowed occupant load of the Stag Bar from 260 persons to a maximum of 290 persons,
and the proposed operational changes to allow live entertainment and dancing.
As a mother who rarely visited this area before, I feel compelled to express my deep appreciation for
the applicant's significant investments to improve the location and the positive impact they have
made on our community. I have witnessed the transformation of the Stag Bar and all of McFadden
Square into a lively and welcoming area for people of all ages to visit. The commitment and dedication
shown by Mario Marovic to revitalize the location has been remarkable.
Furthermore, I am deeply impressed by the operators' commitment to giving back to the community.
They have consistently supported local charities, organized fundraisers for important causes, and
actively participated in community events. Their contributions have made a tangible difference in the
lives of residents, creating a ripple effect of positivity throughout the neighborhood.
I firmly believe that the operators' dedication to the well-being of the community will ensure that any
issues with the property are addressed with sensitivity and care. Moreover, the positive
transformations they have already brought to the area lead me to trust that they will continue to be
responsible and considerate operators.
In conclusion, I urge the Planning Commission to wholeheartedly support Item 2 and grant the
requested Conditional Use Permit. Thank you for considering my perspective and for the dedication
you demonstrate in making thoughtful decisions for the betterment of our community.
Sincerely,
Marija Compean
Planning Commission - August 3, 2023 Item No. 2a - Additional Materials Received Stag Bar Occupant Load and Occupational Changes (PA2022-0249)
From:kip parsons <kipbparsons@yahoo.com>
Sent:August 01, 2023 3:49 PM
To:Planning Commissioners
Subject:Support Item 2: Stag Occupant Load Increase And Operational Changes
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Newport Beach Planning Commission,
Thank you for taking the time to read my comments. My name is Kip Parsons and I am a
long-time resident in the city of Newport Beach.
I am writing to urge your support for the Stag Bar’s request for a Conditional Use Permit
to increase the allowed occupant load and the proposed operational changes to allow live
entertainment/dancing. There are compelling reasons why the Stag Bar deserves this
opportunity to thrive and continue making a positive impact on our community.
First and foremost, it is essential to support good operators like the
owner of the Stag Bar, Mario Marovic. Over the years, he has
invested significant effort and resources to clean up the entire
McFadden Square area, transforming it into a vibrant and
welcoming space for residents and visitors alike. Their proven track
record of community engagement and commitment to responsible
business practices should be rewarded with the best opportunity to
succeed.
Secondly, allowing live entertainment and dancing at the Stag Bar
will undoubtedly enhance its appeal and attract more customers. As
a city, we should do all that we can to not restrict good operators
with a proven track record. To this point, the Stag Bar has
implemented a comprehensive security plan that has proven to be
successful in the city.
Planning Commission - August 3, 2023 Item No. 2a - Additional Materials Received Stag Bar Occupant Load and Occupational Changes (PA2022-0249)
And finally, contrary to concerns about parking, the occupant
increase is not expected to have a significant impact due to the
extremely high volume of ride-sharing services used in the area. As
technology advances, more individuals rely on these convenient
transportation options, reducing the reliance on personal vehicles.
This trend supports the Stag Bar's proactive approach to encourage
alternative transportation and lessen parking demands.
In conclusion, I wholeheartedly urge the Planning Commission to grant the requested
Conditional Use Permit for the occupant load increase and operational changes for the
Stag Bar. By doing so, we will be supporting a responsible and community-minded
business operator who has positively influenced the McFadden Square area. The proposed
improvements, such as live entertainment and dancing, will undoubtedly attract more
customers and contribute to a vibrant nightlife scene in our community.
Thank you for considering my perspective and please vote yes in support of the project.
Kip Parsons
Planning Commission - August 3, 2023 Item No. 2a - Additional Materials Received Stag Bar Occupant Load and Occupational Changes (PA2022-0249)
From:jorlandini21@gmail.com
Sent:August 01, 2023 4:32 PM
To:Planning Commissioners
Subject:Support Item 2: Stag Occupant Load Increase And Operational Changes
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Newport Beach Planning Commission,
My Name is Joe Orlandini, I have lived in Newport Beach as a full Ɵme resident for a few years but have been
coming here since I was a kid. We have a family house on the boardwalk near the Balboa Pier for the last 20
years and I am a graduate of Chapman University 2006.
I am writing to express my support for Item 2, "Stag Occupant Load Increase and Operational Changes" which
will increase the allowed occupant load for the bar and allow live music. I am in favor of this to support great
operators like Mario Marovic. As you know he has cleaned up the entire area at the pier, or as our family calls
it the “blackies” area. Currently I know the bar plays music from a juke box, I don’t see any reason to not allow
it to be able to have live entertainment. Blue Beet had live music on Tuesdays back in my college days and it
was always the best! I think it would be a great addition to the bar area to have another option of live
entertainment.
As you know from the operator he has changed the entire area down there for the better. I really think this
adds another thing for people to do and see in Newport.
Thanks for your time and I hope you will continue to support Mario Marovic and allow him to have live music
at The Stag.
Sincerely,
Joe Orlandini
J&J Real Estate Holdings, LLC
Managing Partner
626-222-7237 P
602-680-4983 F
Jorlandini21@gmail.com
Planning Commission - August 3, 2023 Item No. 2a - Additional Materials Received Stag Bar Occupant Load and Occupational Changes (PA2022-0249)
From:Andy F.
To:Planning Commissioners
Subject:Subject: Support Item 2: Stag Occupant Load Increase And Operational Changes at Stag Bar
Date:August 01, 2023 10:44:15 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Members of the Newport Beach Planning Commission,
I hope this message finds you well. My name is Andy Fathollahi and I have been a proud
resident of Newport Beach for over 20 years. We own a home here in the Peninsula.
I am writing to express my strong support for Item 2 on your agenda, titled "Stag OccupantLoad Increase and Operational Changes." This proposal, which aims to increase the allowed
occupant load from 260 to 290 persons and permit live entertainment and dancing at the StagBar, located at 121 Mc Fadden Place, is a step in the right direction.
For years, my family and I were infrequent visitors to McFadden Square. However, since
Mario Marovic took over, the entire area has undergone a significant transformation,becoming a family-friendly destination. I firmly believe that empowering community leaders
like Mario with the necessary tools to invest in our community will only benefit us all.
Mario's work in the McFadden Square area, the cleaning and revitalizing he has accomplished,is a testament to his commitment to the community. His proven track record as a responsible
operator deserves recognition, and allowing this change would provide his business with aneven better opportunity to succeed.
The Stag Bar already enjoys the privilege of playing music, and the addition of live
entertainment and dancing would undoubtedly attract more customers. Further, their robustsecurity plan has demonstrated its effectiveness time and again.
The increased occupant capacity is needed. Each night, the bar sees a long line of patrons
waiting outside, an issue that can be resolved by allowing more individuals inside, where theenvironment is controlled and safe.
Moreover, I would like to point out that the proposed occupant load increase will not strain
parking resources in the area. The prevalent use of ride-sharing services by visitors practicallyeliminates the need for parking.
In conclusion, I urge you to support Mario Marovic and other committed operators like him by
approving this proposal. Thank you for taking the time to consider my viewpoint.
Sincerely,
Andy
Andy Fathollahi
Planning Commission - August 3, 2023 Item No. 2b - Additional Materials Received Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
From:Troy Phillips
To:Planning Commissioners
Subject:Support Item 2: Stag Occupant Load Increase And Operational Changes
Date:August 02, 2023 8:56:14 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Newport Beach Planning Commission
My name is Troy Phillips and I am one of the most impacted residents of Item 2, StagBar Occupant Load and Operational Changes because I live in the residences atMcFadden Square. I am writing to ask that you support this item. My neighbors and Ilive in McFadden Square because we love all that it offers. And it wasn’t always thiscase…
I have personally witnessed the owner, Mario Marovic’s dedication to improving thisproperty and neighboring establishments over the years. His significant financialinvestments have transformed not only the Stag Bar but also the surroundingproperties, turning them into aesthetically pleasing and well-maintained spaces. Theseimprovements have elevated the overall appeal of the area, making it a more attractiveand inviting destination for both residents and visitors.
Thanks to Mario, the Stag Bar has become an integral part of the local atmosphere thathas enriched the sense of community for residents like myself. The great food, funatmosphere and friendly staff have made it a favorite spot for many of us to gather,socialize, and create lasting memories. Granting the requested permit to increase theoccupant load will ensure that more people can experience the vibrant culture of ourneighborhood and enjoy the inclusive atmosphere the Stag Bar offers.
Mario has proven to be a responsible and community-minded business practices.Throughout my time as a resident, I have observed his commitment to maintaining asafe and secure environment within and around the Stag Bar. His collaboration withlocal authorities and security measures have contributed to a peaceful and enjoyableexperience for patrons and neighbors alike. Supporting responsible business operatorsis essential for the continued growth and prosperity of our community. The positiveimpact he has made on the neighborhood should be acknowledged and rewardedthrough the approval of this Conditional Use Permit.
The Stag currently allows for music and it would be a great addition, with no negative
Planning Commission - August 3, 2023 Item No. 2b - Additional Materials Received Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
impacts to our neighborhood, if the customers could dance and enjoy live music.Please make this happen by voting yes on Thursday evening.
Thank you
Troy Phillips
Founder/owner
(949)278-6975
soundsgoodtroy@gmail.com
Planning Commission - August 3, 2023 Item No. 2b - Additional Materials Received Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
From:zach.handels@gmail.com
To:Planning Commissioners
Subject:Support Item 2
Date:August 02, 2023 10:58:09 AM
Attachments:image001.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Newport Beach Planning Commissioners,
My name is Zach Leffers and along with my partners, I own Handel’s Homemade Ice Cream, across
the street from the proposed 110 Lofts on 22nd Street.
I strongly support Item 2 on your agenda that would increase the occupancy and allow for live
entertainment/dancing at The Stag Bar.
Over the last several years, we have been very pleased with the improvements made in and around
McFadden Square. These improvements, along with the other neighboring retail businesses, gave
us the confidence to purchase and renovate the Handel’s property on the corner of 22nd Street and
West Oceanfront.
Mario is known and trusted by everyone in the area. He is constantly trying to find ways to help his
neighbors and improve upon his properties in McFadden Square. As a neighboring business, I have
complete trust in Mario’s ability to operate the Stag Bar with live entertainment/dancing. I know
that it will bring one more fun experience for residents and visitors to enjoy at his establishment.
Additionally, we do not have any concerns over the occupancy increase and the impacts it will have
on parking.
Please support the Stag Bar’s application and vote yes on their conditional use permit to increase the
occupancy and allow live entertainment/dancing.
Sincerely,
Zach Leffers
M 260.494.2634
Planning Commission - August 3, 2023 Item No. 2b - Additional Materials Received Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
From:Matthew Gregory
To:Planning Commissioners
Subject:Stag bar proposed load / use permit changes
Date:August 02, 2023 5:26:29 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Commissioners
I’m a 10+ year resident of Newport Beach’s balboa peninsula and am writing in support of the
planning commission’s upcoming agenda item (No. 2) related to increasing Stag Bar’soccupancy and also allow live entertainment and dancing.
I believe that Stag Bar is a well-run, safe and popular establishment that the city should
support. A small increase in occupancy will allow it to meet the demand of its customers, andmaybe minimize the line outside on busy nights, which would improve area security. Adding
the option of live music on top of the existing offering would also be a great addition to thearea.
Thank you for your time.
Sincerely,
Matthew Gregory
Planning Commission - August 3, 2023 Item No. 2c - Additional Materials Received After Deadline Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
From:Blackwell, Dan @ Newport Beach
To:Planning Commissioners
Subject:Support Item 2 – Stag Bar Occupant Load Increase and Operational Changes
Date:August 02, 2023 9:02:54 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Newport Beach Planning Commission,
My name is Dan Blackwell and I have worked and lived in Newport Beach for 15 years. I am writing
to express my support for Item 2 (Stag Bar Occupant Load Increase and Operational Changes) which
seeks to increase the allowed occupant load from 260 persons to 290 persons and to permit live
entertainment and dancing.
The addition of live entertainment and dancing will attract more customers and positively impact the
local entertainment scene. With Stag Bar’s effective security plan and priority in ensuring a safe
environment, I have no doubt the additional occupants will be well taken care of within the
establishment. Further, parking should not be impacted as most customers and visitors use ride-
sharing services as their primary transportation method in this area.
Lastly, the owner of Stag Bar, Mario Marovic, has consistently demonstrated his commitment to our
community by revitalizing the McFadden Square area and providing a secure and enjoyable space for
patrons. By endorsing the occupant load increase and operational changes, we acknowledge his
dedication and encourage further positive contributions to the city.
Thank you for your time and consideration. Your support for Item 2 will not only benefit the local
community and promote responsible business practices but also contribute to the diverse
entertainment offerings and continued growth of Newport Beach.
Respectfully,
Dan Blackwell
Executive Vice President
Broker Lic. CA 01854961
Multifamily Investment Properties
CBRE | Capital Markets
Cell (949) 307-8319
Dan.Blackwell@cbre.com
Details about the personal data CBRE collects and why, as well as your data privacy rightsunder applicable law, are available at CBRE – Privacy Policy.
Planning Commission - August 3, 2023 Item No. 2c - Additional Materials Received After Deadline Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
From:Jim Fitzpatrick
To:Planning Commissioners
Subject:Public Comments - Planning Commission - Item PA2022-0249)
Date:August 03, 2023 3:02:39 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Commissioners
I once sat where you will tonight, as Chair of the Costa Mesa PlanningCommission.
Mario Marovic brought forward several projects that have transformed my
City. Yes, I see many of my friends from Newport Beach on 17 th st.
But when the projects came to the Commission, some cared loudly, and
made statements that this was the end of the Eastside, that their
property values would go down. Etc
10 years later, those who complained have watched property values
escalate, and they can easily walk, ride a bike or uber to high value
amenities.
The boogie man never came. The noise never disrupted quiet enjoyment
of our Eastside.
Know why? Mario and his Team run a good business, they have training,
process, noise attenuation and an open dialogue with the community.
They are a solution not a problem.
Part of me wants Newport Beach to continue the prior council's "No Fun
Zone Policies", so I don't have to leave my bubble.
It is just that I like Mario's places too much, so I make an exception.
Let the people dance!
Cheers,
Jim FitzpatrickSolutioneer
Planning Commission Meeting - August 3, 2023 Item No. 2d - Additional Materials Received After Deadline Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
STAG BAR OPERATIONAL CHANGES121 MC FADDEN PL.
CUP & CDP
Planning Commission Public Hearing
August 3, 2023
David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
PROJECT LOCATION
2
Stag Bar Municipal Parking Lot
Municipal Parking Lot
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
BACKGROUND
3
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
PROJECT REQUEST
4
•Increase occupant load from 260 to 290 persons
•Waive 8 parking spaces
•Live Entertainment from 11 a.m. to 2 a.m.
•Dancing from 5 p.m. to 2 a.m.
•Modify nonconforming use
•Supersede previously approved CUP (UP2018-013)
•Located in the Coastal Zone
•Intensification of Use
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
INCREASED OCCUPANT LOAD
5
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
POOL TABLES IN PLACENO DANCE FLOOR, NO D.J. BOOTH
6
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
POOL TABLES RELOCATED125 SF DANCE FLOOR, D.J. BOOTH
7
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
POOL TABLES REMOVED230 SF DANCE FLOOR, D.J. BOOTH
8
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
PARKING REQUIREMENTS
9
Existing Conditions
Occupancy/Units Parking Ratio Required Spaces
The Stag Bar 260 persons 1 per 4 persons 65
Hotel 8 rooms 1 per room 8
Total 73
Proposed Conditions
Occupancy/Units Parking Ratio Required Spaces
The Stag Bar 290 persons 1 per 4 persons 73
Hotel 8 rooms 1 per room 8
Total 81
Net Increase of Required Parking 8
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
WAIVER OF PARKING REQUIREMENTS
10
•13% of patrons drove a vehicle to Stag
•87% used alternate mode (rideshare, carpool, taxi, bicycle, walking)
•Affirms 2019 study (pre-pandemic numbers without major changes to the area)
•Conservative calculation of 260 cars during 7 p.m. peak, where there are 272 public spaces available
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
LATE HOURS
11
•No new patrons to enter bar after 1 a.m.
•Last call for alcohol at 1:30 a.m.
•Condition of Approval carried over from previous UP
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
ALCOHOL SERVICE
12
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
POLICE DEPARTMENT REVIEW
13
•Location of Stag Bar
•Potential impacts to community
•Increased impact on police resources
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
COASTAL DEVELOPMENT PERMIT
14
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
RECOMMENDATION
15
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
16
David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission - August 3, 2023 Item No. 2e - Additional Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Mario Marovic
Newport Beach Resident for 23 Years
Married with two young daughters
USC-School of Entrepreneurship
MBA-Marshall School of Business (USC)
Second generation Restaurateur
Own and manage multiple establishments with live
entertainment and dancing for over 20 years
Own and manage multiple properties in McFadden
Square
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Our business model is to continuously improve existing
establishments and make decisions that benefit the next generation
Employ 1,000 People at 14 locations throughout Orange County
Founder of the Newport Beach Bar and Tavern Association in
conjunction with the NBPD
Newport Beach business person of the year 2022
Costa Mesa small business person of the year 2018
Invested millions of dollars on interior and exterior improvement to
multiple buildings around McFadden Square.
Security Plan – Authored a detailed security plan that is now used by
the NBPD for applicants requesting a CUP with late night hours
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Hoag Hospital
Mission Hospital
We Are Ocean Cancer
Foundation
Knights of Columbus
Our Lady Queen of Angels
Movember – Team Nuclear
Miracle Babies
Boys Hope, Girls Hope
John Wayne Cancer Foundation
Newport Heights Elementary
Mariner’s Elementary
St. Joachim
Our Lady Mount Carmel
Newport Water Polo
Raise Foundation
JDRF
NB Animal Shelter
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Community InvolvementPlanning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Meet Tora, Newport’s Fire DogPlanning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Improvements to McFadden Square
Before Dory Deli
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Improvements to McFadden SquarePlanning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
More Improvements 22nd StPlanning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
More Improvements 22nd StPlanning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Modify our Occupancy to meet legal building code.
Live Music and Dance Permit.
Audio level will not change.
◦No additional equipment will be installed
No construction will be needed.
◦Fire sprinklers were installed after the previous hearing in 2018
No change in Net Public Area.
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
2006 – Purchased business and property
2014 – Supported by NBPD and Planning to
rehabilitate and remodel property
◦Occupancy was restricted
2018– CUP modification
◦Original Proposal - Proposed to increase occupancy to
building code standards:
◦Sought 290 Customers + 30 Employees.
◦Ended up with 260 Customers + 30 Employees.
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
◦All security staff will be State of California Guard
Card Certified
◦Require a set amount of security staff, with a ratio of 1 security staff for every 50 persons
◦Require radio headsets to communicate
◦Video Surveillance System
◦Keep a daily log of activities
◦All bar and service employees will be State of California LEAD class certified
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
4.5 Stars on Yelp
Even though Stag Bar + Kitchen is technically
a bar, we are viewed by UBER as the #1 restaurant drop off location in OC.
As part of our application we are not
increasing or altering the size. Same Net Public Area and dimensions.
Restaurant parking is based on Net Public Area
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Restaurant code vs Bar parking code
Parking Study shows that parking will not be impacted in any way because potential customers are already in the area. Neither parking, nor traffic will impacted.
Our parking engineer also conducted a survey, and a majority of customers use alternate means of transportation.
Majority of the times The Stag will be using the additional capacity, the beach and many small shops will be closed. Parking is not a concern at these times.
Our parking survey and city staff agree that this is a shared multi use parking area. Most people that drive to McFadden Square will park and visit the beach and/or multiple uses during the same visit.
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Adjacent property ownership and neighbors
Building luxury condos directly behind the
business
◦My family will be occupying one of the three units
Track record
◦We own and operate multiple venues with the same permit
Commitment to the community
◦Generational mission statement
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)
Planning Commission - August 3, 2023 Item No. 2e - Additonal Materials Presented at the Meeting Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249)