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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 The establishment currently operates under Conditional Use Permit No. UP2018-013, which would be superseded if this application is approved.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). 1 IN T E N T I O N A L L Y B L A N K P A G E 2 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 2 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 3 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 3 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 4 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 4 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 5 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 5 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. 6 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 6 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. 7 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 7 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. 8 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 8 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 9 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 9 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 10 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 10 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 11 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 11 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. 12 Stag Bar Occupant Load Increase and Operational Changes (PA2022-0249) Planning Commission, August 3, 2023 Page 12 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 13 IN T E N T I O N A L L Y B L A N K P A G E 14 Attachment No. PC 1 Draft Resolution for Approval with Findings and Conditions 15 IN T E N T I O N A L L Y B L A N K P A G E 16 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. 17 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. 18 Planning Commission Resolution No. PC2023-028 Page 3 of 18 01-17-23 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. 19 Planning Commission Resolution No. PC2023-028 Page 4 of 18 01-17-23 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 20 Planning Commission Resolution No. PC2023-028 Page 5 of 18 01-17-23 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 21 Planning Commission Resolution No. PC2023-028 Page 6 of 18 01-17-23 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. 22 Planning Commission Resolution No. PC2023-028 Page 7 of 18 01-17-23 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. 23 Planning Commission Resolution No. PC2023-028 Page 8 of 18 01-17-23 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. 24 Planning Commission Resolution No. PC2023-028 Page 9 of 18 01-17-23 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. 25 Planning Commission Resolution No. PC2023-028 Page 10 of 18 01-17-23 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 26 Planning Commission Resolution No. PC2023-028 Page 11 of 18 01-17-23 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 27 Planning Commission Resolution No. PC2023-028 Page 12 of 18 01-17-23 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 28 Planning Commission Resolution No. PC2023-028 Page 13 of 18 01-17-23 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. 29 Planning Commission Resolution No. PC2023-028 Page 14 of 18 01-17-23 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. 30 Planning Commission Resolution No. PC2023-028 Page 15 of 18 01-17-23 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. 31 Planning Commission Resolution No. PC2023-028 Page 16 of 18 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 32 Planning Commission Resolution No. PC2023-028 Page 17 of 18 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. 33 Planning Commission Resolution No. PC2023-028 Page 18 of 18 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. 34 Attachment No. PC 2 Draft Resolution for Denial 35 IN T E N T I O N A L L Y B L A N K P A G E 36 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. 37 Planning Commission Resolution No. PC2023-028 Page 2 of 4 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. 38 Planning Commission Resolution No. PC2023-028 Page 3 of 4 01-17-23 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: 39 Planning Commission Resolution No. PC2023-028 Page 4 of 4 01-17-23 BY:_________________________ Curtis Ellmore, Chair BY:_________________________ Tristan Harris, Secretary 40 Attachment No. PC 3 Parking Memorandum 41 IN T E N T I O N A L L Y B L A N K P A G E 42 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 43 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. 44 LOUNGE GROUP RK 17899.1 Page 3 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). 45 LOUNGE GROUP RK 17899.1 Page 4 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. 46 LOUNGE GROUP RK 17899.1 Page 5 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 47 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 48 2 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. 49 3 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. 51 5 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 54 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 DORESTAURANT 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 63 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 RK15265 JN:2383-2019-02 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Appendix C Parking Demand Survey 82 272 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 83 IN T E N T I O N A L L Y B L A N K P A G E 84 Attachment No. PC 4 Newport Beach Police Department Memorandum 85 IN T E N T I O N A L L Y B L A N K P A G E 86 87 88 89 90 91 92 93 INTENTIONALLY BLANK PAGE 94 Attachment No. PC 5 Conditional Use Permit No. UP2018-013 95 IN T E N T I O N A L L Y B L A N K P A G E 96 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. 97 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. 01-25-19 98 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 01-25-19 99 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. 01-25-19 100 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 01-25-19 101 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. 01-25-19 102 Planning Commission Resolution No. PC2019-018 Page 7 of 15 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. 01-25-19 103 Facts in Support of Finding: Planning Commission Resolution No. PC2019-018 Page 8 of 15 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. 01-25-19 104 Planning Commission Resolution No. PC2019-018 Page 9 of 15 PASSED, APPROVED, AND ADOPTED THIS 201H DAY OF JUNE, 2019. AYES: Ellmore, Kleiman, Koetting, Kramer, Lowrey, Weigand, Zak NOES: ABSTAIN: ABSENT: 01-25-19 105 Planning Division Planning Commission Resolution No. PC2019-018 Page 10 of 15 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 01-25-19 106 Planning Commission Resolution No. PC2019-018 Page 11 of 15 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. 01-25-19 107 Planning Commission Resolution No. PC2019-018 Page 12 of 15 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. 01-25-19 108 Police Department Planning Commission Resolution No. PC2019-018 Page 13 of 15 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 01-25-19 109 Planning Commission Resolution No. PC2019-018 Page 14 of 15 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. 01-25-19 110 Planning Commission Resolution No. PC2019-018 Page 15 of 15 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. 01-25-19 111 IN T E N T I O N A L L Y B L A N K P A G E 112 Attachment No. PC 6 Applicant’s Project Description 113 IN T E N T I O N A L L Y B L A N K P A G E 114 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. 115 May 18, 2023 PA2022-0249 2 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 116 May 18, 2023 PA2022-0249 3 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 117 May 18, 2023 PA2022-0249 4 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. 118 May 18, 2023 PA2022-0249 5 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. 119 IN T E N T I O N A L L Y B L A N K P A G E 120 Attachment No. PC 7 Project Plans 121 IN T E N T I O N A L L Y B L A N K P A G E 122 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 g B a r + K i t c h e n 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 e S t a g B a r + K i t c h e n 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 e S t a g B a r + K i t c h e n 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 e S t a g B a r + K i t c h e n 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 2 6 6 3 Th e S t a g B a r + K i t c h e n 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 e S t a g B a r + K i t c h e n 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 t a g B a r + K i t c h e n 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 ST A G B A R + K I T C H E N RE F E R E N C E F L O O R P L A N (F O R R E F E R E N C E O N L Y ) NOT A PART 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 g B a r + K i t c h e n 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)