HomeMy WebLinkAbout2.0_Malarky's Irish Pub Outdoor Dining Patio Addition_PA2024-0001CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
June 5, 2024
Agenda Item No. 2
SUBJECT: Malarky’s Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
▪Conditional Use Permit
▪Coastal Development Permit
▪Tentative Parcel Map
SITE LOCATION: 3001, 3009 and 3011 Newport Boulevard
APPLICANT: Micah Schiesel
OWNER: Newport Beach Pickleball LLC
PLANNER: Oscar Orozco, Assistant Planner
949-644-3219 or oorozco@newportbeachca.gov
PROJECT SUMMARY
The applicant requests a conditional use permit and a coastal development permit to
remodel the existing 5,032-square-foot eating and drinking establishment (Malarky’s Irish
Pub) and construct a new 1,347-square-foot outdoor dining patio, which requires the waiver
of one required parking space. Proposed hours of operation for both the interior of the
restaurant and the new outdoor patio are 7:00 a.m. to 2:00 a.m., daily. Staff is
recommending a closing time of 11:00 p.m. for the outdoor patio. Alcohol service would be
extended to the outdoor dining patio through its existing Type 47 (On Sale General – Eating
Place) Alcoholic Beverage Control (ABC) license. Additionally, the applicant requests a
tentative parcel map to combine two adjacent parcels and adjust a property line of a third
parcel to construct the proposed outdoor dining patio onto a single parcel.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15305
under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment; and
3)Adopt Resolution No. PC2024-012, approving a Tentative Parcel Map, Conditional
Use Permit and Coastal Development Permit (PA2024-0001)(Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE CN (Neighborhood
Commercial)
CN (Commercial
Neighborhood)
Malarky’s and associated
parking lot
NORTH CN CN The Landing retail shopping
center
SOUTH PF (Public Facilities) and
RT (Two-Unit Residential)
PF (Public Facilities) and
R-2 (Two-Unit
Residential)
Public parking lot, and single and
two-unit dwellings
EAST CV (Visitor Serving
Commercial)
CV (Commercial Visitor-
Serving) Commercial
WEST CN CN The Landing retail shopping
center
Subject Property Existing Off-Site Parking
Easement
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INTRODUCTION
Project Setting
The subject property is located on the Balboa Peninsula, northwesterly of the intersection
of Newport Boulevard and 30th Street. The subject property consists of three parcels and
20-foot-wide easement for pedestrian and vehicular access and vehicular parking (see
Vicinity Map). The restaurant/pub building itself and a portion of the required parking are
located on the large, central parcel fronting Newport Boulevard. The balance of the
required parking is located off-site on the 20-foot-wide easement to the north of the
building and on the two adjacent parcels under common ownership to the west and south.
A temporary outdoor dining patio which serves the restaurant is located on the southern
parcel. The combined three parcels total 0.53 acres in size and function as a single
development site.
Surrounding uses include The Landing shopping center to the north and west and
includes a Pavilion’s grocery store, Chihuahua Cerveza restaurant, Chase Bank, and a
variety of other retail and food uses. Beyond the loading dock of the shopping center to
the west are several single-unit and two-unit residential dwellings on 30th Street. To the
east across Newport Boulevard is Mama D’s restaurant and an office building. To the
south is a 35-space municipal parking lot with residential uses beyond.
Background
On May 20, 1976, the Planning Commission approved Use Permit No. 1792 allowing the
establishment of a restaurant with on-sale alcoholic beverage sales at the subject
property. The hours of operation were limited from 5:00 p.m. to 2:00 a.m. on weekdays
and 12:00 p.m. to 2:00 a.m. on weekends and holidays. Related to the initial approval,
On October 6, 1977, the City Council subsequently approved an off-site parking
agreement on October 6, 1977, to allow the use of 18 off-site parking spaces, five of which
are now located on the site as a result of the property owner purchasing the parcel. The
remaining 13 parking spaces are located within the parking easement on the adjacent
parcel containing the shopping center (The Landing).
On September 18, 1997, the Planning Commission amended Use Permit No. 1792,
allowing a change in the hours of operation to between 7:00 a.m. to 2:00 a.m., daily.
On March 3, 2011, the Planning Commission approved a Conditional Use Permit
UP2010-039 to expand the existing eating and drinking establishment, construct an
outdoor patio, and to allow for the use of off-street parking. In addition, a comprehensive
sign program to allow more than three signs on the building was approved as part of the
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project. On March 17, 2011, the City Council called-up the Planning Commission’s
decision for review, however, the applicant chose to withdraw the application.
Since 2020, Malarky’s has received multiple approvals allowing temporary outdoor dining
patios during the COVID-19 pandemic. The current temporary patio was approved under
Limited Term Permit No. XP2021-027 (see Figure 1, below). Since the approval is limited
in nature, Malarky’s is requesting a permanent patio through this application.
Figure 1: Existing temporary outdoor dining patio, as viewed from 30th Street.
Project Description
The applicant requests to remodel and expand the existing 5,032-square-foot restaurant as
follows:
1. Construct Permanent Outdoor Dining Patio: A new, permanent 1,347-square-
foot outdoor dining patio would replace the existing, 875-square-foot, temporary
outdoor patio located adjacent to the south-side of the restaurant building. The
proposed outdoor dining patio is comprised of 1,200 square feet of net public area
(NPA1) and will be constructed generally in the same area where the current,
temporary outdoor dining area is located. The new patio will be enclosed with 4-foot
6-inch-high walls that include a wood siding finish and tempered glass windscreens
(Figure 2, below). The patio roof will consist of a brown metal finish.
2. Interior Remodel Improvements: The interior alterations include a new private
dining room, new dining booths and a new men’s restroom. Additionally, 182 square
feet of floor area which is currently within the interior of the restaurant will be
converted to outdoor space. This 182-square-foot area has been designed to
1Net Public Area means the total area used to serve customers, including customer sales and display
areas, customer seating area, service counters and restrooms and offices, kitchens, storage and utility
areas, and similar areas used by the employees of the establishment.
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connect the outdoor dining patio with the interior of the existing restaurant and will
contain a small bar with seating. The conversion of 182 square feet from interior to
exterior use will reduce the gross floor area from 5,032 square feet to 4,850 square
feet. The interior NPA of the restaurant is proposed to increase from the permitted
1,150 square feet to 1,530 square feet.
3. Exterior Enhancements: The existing roof top, white, wooden picket mechanical
equipment screen is proposed to be retained and repainted tricorn black. In addition,
minor parking lot re-striping, relocation of disabled parking stalls, and new landscape
planters are proposed.
Figure 2: Elevation of proposed outdoor dining patio, as viewed from 30th Street
The following entitlements are requested and required in order to implement the proposed
project:
• Conditional Use Permit (CUP): A CUP is requested to remodel the existing restaurant
and construct a new outdoor dining patio. The applicant proposes to maintain late
hours of operation (7:00 a.m. to 2:00 a.m.) for both the interior of the restaurant and
the new outdoor patio, as well as alcohol service through its existing Type 47 ABC
license. However, as discussed in more detail in the Alcohol Service section of this
report, staff is recommending that the outdoor patio close at 11:00 p.m., daily to
minimize potential noise impacts. With the proposed outdoor dining area, the overall
restaurant requires 47 parking spaces, where there are 46 spaces available in the
on-site parking lot. Therefore, a one-space parking waiver is requested as part of the
CUP.
• Tentative Parcel Map: A tentative parcel map is requested to combine two adjacent
parcels at 3009 and 3011 Newport Boulevard into a single parcel and to adjust the
property line of a third contiguous parcel at 3001 Newport Boulevard in order to
construct a proposed outdoor dining patio onto a single parcel. The tentative parcel
map includes a request for a deviation from the design standards of Title 19
(Subdivisions) for lot area.
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• Coastal Development Permit (CDP): Since the subject property is located in the
coastal zone, and the proposed expansion also requires a coastal development
permit.
DISCUSSION
General Plan, Local Coastal Plan, and Zoning Code
The site is designated as Neighborhood Commercial (CN) by the General Plan and
Neighborhood Commercial (CN) (0.0 – 0.30 FAR) by the Coastal Land Use Plan.
Whereas the CN General Plan land use allows for a floor area ratio (FAR) of 0.3, the
existing FAR of Malarky’s is approximately 0.2. Since the proposed project is to construct
an outdoor dining patio and reduce the overall gross floor area of the restaurant, there is
no increase in the FAR and therefore is consistent with the Land Use Element.
Additionally, the site is located within the Commercial Neighborhood (CN) Zoning District
and Coastal Zoning District. The CN designation is intended to provide for a limited range
of retail and service uses developed in one or more distinct centers oriented to primarily
serve the needs of and maintain compatibility with residential uses in the immediate area.
Eating and drinking establishments with late hours require approval of a CUP in the CN
Zoning District.
Conditional Use Permit Findings
Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal
Code, the Planning Commission must make the following findings in order to approve a
conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, 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; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
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As demonstrated in the draft resolution (Attachment No. PC 1), staff believes that
sufficient facts exist in support of each finding. The existing restaurant is defined as an
eating and drinking establishment, food service, with late hours and alcohol beverage
service and is consistent with the CN General Plan land use designation and zoning
district. The CN Zoning District is intended to provide for a limited range of retail and
service uses developed in one or more distinct centers oriented to primarily serve the
needs of and maintain compatibility with residential uses in the immediate area.
The use is an existing restaurant located along Newport Boulevard, which is a busy
commercial corridor on the Balboa Peninsula that contains other restaurants of similar
nature. The modified interior of the restaurant, with the increased net public area and the
outdoor dining patio addition, will complement the existing use and the existing mix
commercial uses in the immediate area.
Should the Planning Commission approval the project, the establishment will be subject
to more robust and modern conditions of approval intended to prevent alcohol and noise-
related impacts and to improve neighborhood compatibility. See Alcohol Service and
Late-Hour Operations discussion below for additional details.
Alcohol Service
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 included in this report as 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 CUP 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.
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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.
The Property is located in Reporting District 15 (RD 15). RD 15 exceeds the City average,
and is considered a high crime area as compared to other reporting districts. The RD’s
Crime Count is 643, which is 444% over the Citywide crime count average of 118. Since
this area has 20% greater reported crimes than the average number of reported crimes
as determined from all crime reporting districts within the City, the area is found to have
undue concentration. However, RD 15 contains a large number of visitor and tourist-
serving nonresidential uses. Lido Marina Village, Cannery Village, the Newport Boulevard
business corridor, and McFadden Square consist of many eating and drinking
establishments that serve residents and visitors to the area. The intent of the zoning
designations in this beach area, as well as the two adjacent reporting districts, is to
provide various commercial and retail uses to support the surrounding residential area
and surrounding visitor-serving and tourist destinations. Beach areas have a higher
concentration of land uses and therefore tend to have a higher crime rate than other areas
in the City.
Several other establishments along Newport Boulevard currently have active ABC
Licenses, most of which are bona fide eating and drinking establishments and are not
defined as bars, lounges, or nightclubs by the Zoning Code. Within the adjacent shopping
center, (The Landing), Chihuahua Cerveza Taproom, Chipotle Mexican Grill and Gina’s
Pizza provide alcohol service to patrons. Other nearby establishments such as Woody’s
Diner, Bear Flag Fish Company, Fable and Spirits, and Session’s West Coast Deli also
provide alcohol service to patrons.
The Project’s proximity to other establishments selling alcohol does not raise a concern
due to characteristics of the use, as the activity will be compatible with other similar
establishments that offer on-sale alcohol services. The project will continue to operate as
a restaurant and not a bar or lounge as it operates under a Type 47 ABC License which
requires majority of sales to be from food sales and not alcohol. The expanded NPA
increases the dining area of the restaurant further ensuring that the use will function
primarily as a restaurant. The 182-square-foot portion of the restaurant is proposed to be
connected and incorporated into the proposed outdoor dining patio. This area will contain
two booths and a small bar with four seats. As this 182-square-foot area will be part of
the proposed outdoor dining area, noise impacts will be addressed with the recommended
condition requiring the outdoor dining patio area close by 11:00 p.m. daily.
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The Newport Beach Police Department (NBPD) and the Code Enforcement Division have
reviewed the proposed use. Based on the location and operational characteristics, they
have no objection to the amended permit to modify the interior floor plan and expand
alcohol sales to the proposed outdoor dining patio subject to a condition of approval
requiring the outdoor dining patio close at 11:00 p.m. The NBPD memorandum is included
as Attachment No. PC 2 and includes a number of recommended conditions of approval,
which have been incorporated into the draft resolution, regarding alcohol sales to maintain
and improve compatibility with the surrounding land uses. Notably, Condition No. 48
requires the applicant to obtain an Operator License, which may be subject to additional
and/or more restrictive conditions imposed by the Chief of Police, such as a revised security
plan or restricted hours of operation, to regulate and control late-hour nuisances that may
arise in the future associated with the operation of the establishment.
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 nearest residential uses are located to the west on 30th Street, across from the
loading dock of the adjacent shopping center. The nearest dwelling is located
approximately 210 feet from the closest extent of the new outdoor patio lot. The adjacent
shopping center building and an 8-foot-high block wall provides a screening and noise
buffer from the project site. The applicant has also planted a row of bamboo trees along
the block wall to help visually screen the establishment.
The interior modifications of the restaurant and the increased net public area are not
expected to increase sounds from the restaurant. The restaurant has operated with late-
hours since 1976. The applicant is not proposing any live entertainment or dancing;
however, amplified music through the use of a jukebox is currently used. A condition of
approval has been included requiring the exterior doors and windows to be maintained in
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the closed position at all times, except for the ingress and egress purposes. The outdoor
patio is also surrounded by a 4-foot 6-inch-high wall and glass barrier that should help
attenuate sound and as conditioned, will be completely closed by 11:00 p.m.
The interior alterations to the restaurant will not involve changes resulting in high levels
of lighting and illumination. Standard conditions of approval ad in accordance with Section
20.30.070 (Outdoor Lighting) of NBMC, any new lighting associated with the site
improvement including the proposed outdoor dining patio, will be subject to the standards
of Section 20.30.070 including the requirement mandating that lighting fixtures be
designed, shielded, aimed, located and maintained to shield adjacent properties and to
not produced glare onto adjacent properties or roadways.
In addition, the interior alterations to the restaurant will increase the net public area from
1,150 square feet to 1,530 square feet. Most of the increase will facilitate additional dining
area and any increase in the number of customers will be negligible.
The late-hours operation of the remodeled restaurant is not anticipated to increase trash
and recycling collection activities during late-hours. Any increase in occupancy load could
result from additional dining areas which would not result in impacts to adjacent or nearby
uses.
Reduction of Parking Requirements
A total of 46 parking spaces are proposed to be provided on-site, including the 13 spaces
located within the 20-foot-wide easement to the north granted through a reciprocal
easement agreement that provides the establishment with exclusive rights to the parking
spaces in perpetuity.
Pursuant to NBMC Section 21.40.040 (Off-Street Parking Spaces Required), off-street
parking requirement for food service uses is within a range of one parking space for each
30 to 50 square feet of net public area based upon criteria listed in Section 21.40.060,
that include physical design, operational characteristics, and location of the
establishment. The ratio of one space for each 30 square feet of NPA is typically applied
to uses that include live entertainment and dancing including bars lounges and nightclubs.
Food service uses that include a bar but are primarily a restaurant use and operate with
a Type 47 ABC license and do not contain numerous big screen television or other similar
attractions would typically require one space per 40 square feet of NPA. Food service
uses located near the waterfront and beaches that benefit from significant walk-in and
bicyclist trade in the area are typically applied a ratio of one space per 50 square feet of
NPA. In this case, staff recommends applying a rate of one space per 50 square feet of
NPA based on the establishment’s location and operational characteristics.
Section 21.40.040 of the Zoning Code also includes a provision that excludes a portion
of outdoor dining area (equal to 25% of the interior NPA) from required parking
calculations. Based on the proposed interior NPA of 1,530 square feet, 382.5 square feet
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of outdoor dining is excluded from the parking calculations (1,530 sf x 0.25 = 382.5 sf).
Therefore, a total of 2,347.5 square feet of NPA (1,530 sf of interior NPA + 817.5 sf of
remaining outdoor dining) is utilized for the purposes of calculating required parking.
Based on the variable parking ratios discussed above, a total of 47 parking spaces will
be required) (Table 1, below). The project includes a request to adjust the parking
requirements and allow a reduction of parking spaces from 47 to 46 parking spaces.
A Parking Study prepared by RK Engineering, Inc., dated May 13, 2024, has been
reviewed by the City’s Traffic Engineer (Attachment No. PC 3). The study provided on-
site parking counts during peak operating hours at Malarky’s on Thursday, Friday,
Saturday, and Sunday (April 11-14, 2024) and Friday, May 3, 2024. These dates
coincided with Spring Break for many schools, and it was considered a peak seasonal
period for the area. The observed parking data shows sufficient on-site parking was
available at the site during all peak times. The observed peak parking demand occurred
on Friday, April 12, 2023, at midnight where approximately 43 parking spaces out of 46
were occupied.
The study concluded that 46 parking spaces will adequately serve the existing restaurant
together with the proposed outdoor dining patio, and will not result in spillover onto
adjacent areas, including on-street parking spaces. The project proposes to alleviate
parking demand and manage the on-site parking through the addition of new bicycle
parking, which is a common mode of transportation in the surrounding neighborhood.
Additionally, since the study concludes that a large majority of patrons to the
establishment utilize ride-share services such as Uber or Lyft or choose to walk to the
establishment. Therefore, the parking deficit of one space will not result in a negative
impact to the surrounding neighborhood. A condition of approval is included, requiring a
minimum of 11 bicycle parking spaces on-site.
Table 1 – Parking Requirements
Proposed Project
Total Net Public
Area
2,730 sf
(includes 1,200 sf outdoor dining)
Net Public Area for
Parking Purposes
2,347.5 sf
(includes 817.5 sf of outdoor dining)
Parking Required 1 per 50 sf
(2347.5/50=47 spaces)
Parking Provided 46 spaces
Parking
Surplus/Deficit
-1 space
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Conditional Use Permit Findings
Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal
Code, the Planning Commission must make the following findings in order to approve a
conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, 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; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
As demonstrated in the draft resolution (Attachment No. PC 1), staff believes that
sufficient facts exist in support of each finding. The existing restaurant is defined as an
eating and drinking establishment, food service, with late hours and alcohol beverage
service and is consistent with the CN General Plan land use designation and zoning
district. The CN Zoning District is intended to provide for a limited range of retail and
service uses developed in one or more distinct centers oriented to primarily serve the
needs of and maintain compatibility with residential uses in the immediate area.
The use is an existing restaurant located along Newport Boulevard, which is a busy
commercial corridor on the Balboa Peninsula that contains other restaurants of similar
nature. The modified interior of the restaurant, with the increased net public area and the
outdoor dining patio addition, will complement the existing use and the existing mix
commercial uses in the immediate area.
As conditioned, the outdoor dining patio must close by 11:00 p.m., daily. The indoor dining
area will continue to close by 2:00 a.m. daily but no new patrons will be allowed to enter
after 1:00 a.m., last call for alcohol service will occur at 1:30 am. These restrictions will
help to ensure the use remains compatible with adjacent residential units and the
surrounding neighborhood, as well as reduce negative noise impacts.
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Tentative Parcel Map and Lot Design Deviation
Without the requested Tentative Parcel Map, the proposed outdoor dining patio would
cross a parcel line of the underlying parcels comprising the site. Structures cannot cross
property lines in accordance with NBMC Section 19.04.035. Instead of merging the three
underlying parcels into one large parcel, the applicant desires to maintain some
development flexibility in the future by reconfiguring the underlying parcels into two
parcels.
As demonstrated in the draft resolution (Attachment No. PC 1), staff believes that
sufficient facts exist in support of each required finding pursuant to Section 19.12.070
(Required Findings for Action on Tentative Maps) of the Newport Beach Municipal Code.
The resulting lot configurations of the Property allows the proposed covered outdoor
dining patio to be constructed entirely within a single parcel and not cross existing
property lines. Structures cannot cross property lines in accordance with NBMC section
19.04.035. However, since the resulting parcel sizes do not meet the minimum lot area
for newly created lots (20,000 sq. ft. min.), a deviation from the lot design standards is
also requested.
Figure 3: Parcel Map Exhibit
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Deviations from the design standards set forth in Title 19 may be approved by the
Planning Commission subject to specific findings stated per Section 19.24.130.C
(Deviation From Design Standards):
1. The requested deviation(s) will create a land plan or development design equal or
superior to that under the baseline design standards in this chapter;
2. The deviation(s) will not negatively impact the carrying capacity of the local
vehicular circulation network;
3. The deviation(s) will not negatively impact pedestrian circulation;
4. The resulting subdivision will be compatible with the pattern of surrounding
subdivisions;
5. The resulting subdivision design and improvements will be consistent with the
General Plan and any applicable specific plan, and will conform to the Subdivision
Map Act and all other provisions of this Subdivision Code; and
6. The resulting subdivision design and improvements will not be materially
detrimental to the residents or tenants of the proposed subdivision or surrounding
properties, nor to public health or safety.
The table below shows the current and proposed lot area and lot width of the parcels:
The Zoning Code lot design standards for newly created lots are lot width of 100 feet
minimum and lot area of 20,000 square feet minimum. As illustrated in Table 2 above, the
existing parcels do not currently conform to Code lot design standards.
The parcel map results in two parcels that are comparable in width, length, and area with
the majority of the lots in the surrounding area. With the exception of The Landing retail
center, all the other lots in the area and within the CN Zoning District range in lot area
Table 2 – Current and Proposed Lot Area and Lot Width of the Parcels
Current Proposed
APN 047-060-01
Area = 10,793 sq. ft.
Width = 95’ 2” Merged parcels
(Parcel 1)
Area = 14,283 sq. ft.
Width 102’ 3” APN 047-060-06
Area = 3,423 sq. ft.
Width = 95’ 2”
APN 047-060-10
Area = 8,505 sq. ft
Width = 93’ 5”
Adjusted parcel
(Parcel 2)
Area = 8,413 sq. ft.
Width = 106’ 11”
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from 1,347 square feet to 11,162 square feet. The reduction of the lot area of Parcel 2
from 8,505 to the 8,413-square-foot lot area of Parcel 2 is consistent with the majority of
lots in the area and within the CN Zoning District. Furthermore, parcels across the
Property on the east side of Newport Boulevard, in the Commercial Visitor Serving (CV)
Zone range in size from 2,495 to 14,216 square feet.
The existing Property is fully developed, and no new access driveways are proposed. The
reconfigured parcels will not impact the current use of the Property or affect surrounding
circulation network but will only serve to enhance the site by accommodating an outdoor
dining patio. The reduced lot area of Parcel 2 is not resulting in any physical changes to
the driveway aprons or the sidewalk along Newport Boulevard, and therefore will not
negatively impact pedestrian circulation. The proposed outdoor dining patio is subject to
Building and Fire Codes and will be constructed in accordance with applicable codes
which will ensure that the patio addition will not be detrimental to the residents or tenants
of the site and surrounding properties and to the public in general.
Coastal Development Permit Findings
The subject property is located within the Coastal Zone and requires a coastal
development permit (CDP). The proposed project is an intensification of an existing use
and therefore requires a coastal development permit. Pursuant to certified Local Coastal
Program (LCP) Implementation Plan Section 21.52.15 (F) (Findings and Decision), the
review authority may approve or conditionally approve a CDP application, only after first
finding that the proposed development:
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.
Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses, Table
21.20-1) of the Implementation Plan, eating and drinking establishments located in the
CN (Neighborhood Commercial) Coastal Zoning District that are classified as Food
Service, are allowed uses.
As previously discussed, the modifications to the existing restaurant and the new
permanent outdoor dining patio create a one-space parking deficit which is adequately
addressed by the submitted parking study. The anticipated parking demand is expected
to be accommodated on-site and would not impact surrounding public street parking in
the area, thereby avoiding potential impacts to access. The restaurant, along with the
restaurants in the area, provides visitor-serving uses that serve beach visitors along the
area. Since the existing parking lot is sufficient for the observed parking demand, the
project is not expected to impact public parking for beach visitors.
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Malarky’s Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission, June 5, 2024
Page 16
Similar to the Zoning Code (Title 20), the Local Coastal Program Implementation Plan
(Title 21) requires a minimum lot area of 20,000 square feet for newly created lots.
Therefore, the deviation to minimum lot size is subject to a coastal variance. Per Section
21.52.090 (Relief from Implementation Plan Development Standards), the Planning
Commission may approve a waiver to a development standard of the Implementation
Plan only after making all of the following findings:
1. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
2. Whether or not there are feasible alternatives that would provide greater
consistency with the certified Local Coastal Program and/or that are more
protective of coastal resources.
3. The granting of the variance is necessary due to special circumstances applicable
to the property, including location, shape, size, surroundings, topography, and/or
other physical features, the strict application of the development standards
otherwise applicable to the property denies the property owner privileges enjoyed
by other property owners in the vicinity and in the same coastal zoning district; and
4. The modification or variance complies with the findings required to approve a
coastal development permit in Section 21.52.015(F);
5. The modification or variance will not result in development that blocks or
significantly impedes public access to and along the sea or shoreline and to coastal
parks, trails, or coastal bluffs;
6. The modification or variance will not result in development that blocks or
significantly impairs public views to and along the sea or shoreline or to coastal
bluffs and other scenic coastal areas;
7. The modification or variance will not result in development that has an adverse
effect, either individually or cumulatively, on coastal resources, including wetlands,
sensitive habitat, vegetation, or wildlife species; and
8. The granting of the modification or variance will not be contrary to, or in conflict
with, the purpose of this Implementation Plan, nor to the applicable policies of the
certified Local Coastal Program.
The merging of the two parcels results in the elimination of a small 3,423-square-foot
parcel by combining the 3,423-square-foot parcel with an adjacent 10,793-square-foot
parcel resulting in a 14,283-square-foot parcel (Parcel 1). The proposed subdivision is
reducing an existing nonconforming condition with the merging of the two parcels while
eliminating an existing land-locked parcel.
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Malarky’s Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission, June 5, 2024
Page 17
There are no feasible alternatives that would not result in the reduction of the lot size of
Parcel 2 from 8,505 to 8,413 square feet without creating a lot line that would need to
have excessive angles in order to circumvent the existing restaurant building. Such a lot
line would be contrary to the lot design standards which encourages lot lines to be
approximately at right angles to street centerlines.
The Property is not located adjacent to a coastal view road or public viewpoint. The
construction of the proposed 12-foot 2-inch-tall covered outdoor dining patio will not impact
any public view opportunities. The Project does not have the potential to degrade the visual
quality of the Coastal Zone or result in significant adverse impacts to public views.
There are no coastal resources on the Property nor are there any in the immediate area
that could be affected by the development of the covered outdoor dining patio as the
property is separated from the bay and shoreline by numerous streets and existing
development.
Attached draft Planning Commission Resolution (Attachment No. PC 1) contains
additional facts supporting the Coastal Development Permit findings.
Alternatives
1. The Planning Commission may require changes to the project to alleviate any
concerns related to the design or the ability to make the required findings. If the
changes are substantial, the item should be continued to a future meeting to allow
the applicant to make the necessary adjustments and to allow staff to prepare a
revised resolution incorporating new findings and/or conditions.
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission may deny the application and provide
facts in support of denial and allow staff to prepare a revised resolution for denial of
the project.
Environmental Review
This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15305 under Class 5 (Minor
Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project involves interior minor alterations to an existing structure
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Malarky’s Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission, June 5, 2024
Page 18
and the addition of a 1,347-square-foot covered outdoor dining patio (26% of the existing
floor area).
The Class 5 (Minor Alterations in Land Use Limitations) minor alterations in land use
limitations in areas with an average slope of less than 20%, which do not result in any
changes in land use or density, including but not limited to:
(a) Minor lot line adjustments, side yard, and set back variances not resulting in the
creation of any new parcel;
(b) Issuance of minor encroachment permits; and
(c) Reversion to acreage in accordance with the Subdivision Map Act.
The property consists of three contiguous parcels and the project involves the
consolidation of two parcels at 3009 and 3011 Newport Boulevard into a single parcel
and the adjustment of the property line of a third parcel at 3001 Newport Boulevard.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners and residential
occupants of property within 300 feet of the boundaries of the site (excluding intervening
rights-of-way and waterways) including the applicant and posted on the subject property
at least 10 days before the scheduled 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:
___________________________
Oscar Orozco, Assistant Planner
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Police Department Memorandum
PC 3 Parking Study
PC 4 Project Plans
PC 5 Tentative Parcel Map
20
Attachment No. PC 1
Draft Resolution with Findings and Conditions
21
INTENTIONALLY BLANK PAGE22
RESOLUTION NO. PC2024-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA SUPERSEDING USE
PERMIT NO. UP1792, AND SUBSEQUENT AMENDMENTS AND
APPROVING TENTATIVE PARCEL MAP, CONDITIONAL USE
PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A
TYPE 47 (ON SALE GENERAL – EATING PLACE) ALCOHOLIC
BEVERAGE CONTROL LICENSE ASSOCIATED WITH AN
EXISTING RESTAURANT FOR A PROPOSED OUTDOOR DINING
PATIO AND TO WAIVE A PORTION OF THE OFF-STREET
PARKNG REQUIRMENT FOR PROPERTY LOCATED AT 3001,
3009 AND 3011 NEWPORT BOULEVARD (PA2024-0001)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Micah Schiesel (“Applicant”) with respect to the property located
at 3001, 3009 and 3011 Newport Boulevard, and legally described in Exhibit “A” which is
attached hereto and incorporated herein by reference (“Property”).
2. The Applicant requests a conditional use permit (“CUP”), and a coastal development
permit (“CDP”) to remodel the existing 5,032-square-foot eating and drinking establishment
(“Restaurant”) and construct a new 1,347-square-foot outdoor dining patio, which requires
the waiver of one required parking space. Proposed hours of operation for both the interior
of the restaurant and the new outdoor patio are 7:00 a.m. to 2:00 a.m., daily. Staff is
recommending a closing time of 11:00 p.m. for the outdoor patio. Alcohol service would be
extended to the outdoor dining patio through its existing Type 47 (On Sale General – Eating
Place) Alcoholic Beverage Control (“ABC”) license. Additionally, the applicant requests a
tentative parcel map (“TMP”) to combine two adjacent parcels and adjust a property line
of a third parcel to construct the proposed outdoor dining patio onto a single parcel. The
tentative parcel map includes a request for a deviation from the design standards of Title
19 (Subdivisions) of the Newport Beach Municipal Code (“NBMC”) for lot area.
3. The Property is designated Neighborhood Commercial (CN) by the General Plan Land
Use Element and is located within the Commercial Neighborhood (CN) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Neighborhood Commercial (CN) (0.0 to 0.30 FAR) and it is located within the Commercial
Neighborhood (CN) Coastal Zoning District.
5. A special meeting was held on June 5, 2024 in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the special meeting
wherein the public hearing was held was given in accordance with Government Code
Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public
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Planning Commission Resolution No. PC2024-012
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Hearings) of the 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. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15305 under Class 5
(Minor Alterations in Land Use Limitations) 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 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project would also allow interior minor alterations to an existing
structure and the addition of a 1,347-square-foot covered outdoor dining patio (26
percent of the existing floor area).
3. The Class 5 (Minor Alterations in Land Use Limitations) minor alterations in land use
limitations in areas with an average slope of less than 20%, which do not result in any
changes in land use or density, including but not limited to:
(a) Minor lot line adjustments, side yard, and set back variances not resulting in
the creation of any new parcel;
(b) Issuance of minor encroachment permits; and
(c) Reversion to acreage in accordance with the Subdivision Map Act.
The Property consists of three contiguous parcels and the Project would allow the
consolidation of two parcels at 3009 and 3011 Newport Boulevard into a single parcel
and the adjustment of the property line of a third parcel at 3001 Newport Boulevard.
There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of these exemptions.
SECTION 3. REQUIRED FINDINGS.
Tentative Parcel Map
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the
NBMC, the findings and facts in support of such findings are set forth as follows:
Finding:
A. That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of
the Subdivision Map Act and this Subdivision Code.
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Facts in Support of Finding:
1. The Tentative Parcel Map is for the purpose of merging two contiguous parcels into
a single parcel and adjusting a property line of a third contiguous parcel, resulting in
a total of two lots for the Property. The resulting lot configurations of the Property
allows the proposed covered outdoor dining patio to be constructed entirely within a
single parcel and not cross existing property lines. The tentative parcel map is for a
property developed with an existing restaurant and will allow the construction of an
outdoor dining patio. The existing and proposed uses are consistent with the General
Plan, which designates the site as Neighborhood Commercial. This designation is
intended to provide for a limited range of retail and service uses to primarily serve
the needs of and maintain compatibility with residential uses in the immediate area.
The tentative parcel map will not alter the existing restaurant and allows a new
outdoor dining patio.
2. The Property is not located within a specific plan area.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The Property is physically suitable to accommodate the proposed 1,347-square-foot
outdoor dining patio as an addition to the existing restaurant. The merging of the two
parcels and the adjustment of a property line of a third parcel will accommodate the
proposed outdoor dining patio to be located within a single parcel and not cross
existing property lines.
2. The existing restaurant and the proposed outdoor dining patio require a total of 47
parking spaces, where the Property provides a supply of 46 spaces. A reduction of
the single parking space has been reviewed and analyzed in accordance with
Section 20.40.110 of the NBMC, and the facts in support of findings for the reduction
are discussed in Findings LL and MM.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision making body may
nevertheless approve such a subdivision if an environmental impact report was prepared
for the project and a finding was made pursuant to Section 21081 of the California
Environmental Quality Act that specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
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Facts in Support of Finding:
1. The merging of the two parcels and the adjustment of the property line with a third
parcel is to accommodate the construction of a permanent outdoor covered dining
patio to be accommodated entirely within a single parcel. The Property is currently
developed with a surface parking lot and a 5,037-square-foot, single-story restaurant.
The proposed outdoor dining patio will be constructed on the portion of the surface
parking lot adjacent to the existing restaurant where a temporary patio currently
exists in accordance with City issued permits. The Property, with the proposed
reconfiguration of the parcels, is urbanized and does not contain fish, wildlife or
habitat for fish or wildlife.
2. The construction of the outdoor dining patio and the alteration of the existing building
to accommodate the patio will be subject to Construction Pollution Prevention Plan
to minimize pollution runoff from the Property to coastal waters.
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
Fact in Support of Finding:
The alterations to the existing building and the construction of the proposed outdoor dining
patio will comply with all Building, Public Works, and Fire Codes, which are in place to prevent
serious public health problems. All ordinances of the City and all Conditions of Approval will be
complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within the
proposed subdivision. In this connection, the decision making body may approve a map if
it finds that alternate easements, for access or for use, will be provided and that these
easements will be substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record or to easements established by judgment of
a court of competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or use of
property within a subdivision;
Fact in Support of Finding:
The Project will not conflict with easements acquired by the public at large, for access through,
or use of the Property within the proposed development. While there is a City utility easement
located beneath the proposed outdoor dining patio, the Project has been reviewed by the Public
Works Department and it has been determined that the patio will not interfere with any
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Planning Commission Resolution No. PC2024-012
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necessary access to the easement. There are additional private easements located on the
north end of the Property, which include an ingress/egress easement and a parking easement.
However, these easements are not affected by the merger of the two parcels and the
adjustment of the property line with the third parcels. Finally, Southern Counties Gas Company
holds a utility easement that is not impacted or in conflict with the subdivision. As conditioned,
the Applicant shall obtain any required permissions to construct the Project prior to the issuance
of any building permits.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land Conservation
Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would
not be too small to sustain their agricultural use or the subdivision will result in residential
development incidental to the commercial agricultural use of the land
Facts in Support of Finding:
1. The Property is not subject to the Williamson Act because the Property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The Property is developed for commercial use and is located in a Zoning District
that permits commercial uses.
Finding:
G. That, in the case of a “land project” as defined in Section 11000.5 of the California Business
and Professions Code: (1) there is an adopted specific plan for the area to be included
within the land project; and (2) the decision making body finds that the proposed land project
is consistent with the specific plan for the area.
Fact in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by
the Legislature. However, this Property is not considered a “land project” as
previously defined in Section 11000.5 of the California Business and Professions
Code because the Property does not contain 50 or more parcels of land.
2. The Project is not located within a specific plan area.
Finding:
H. That solar access and passive heating and cooling design requirements have been satisfied
in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
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Fact in Support of Finding:
The TPM and any future improvements are subject to Title 24 of the California Building Code
that requires new construction to meet minimum heating and cooling efficiency standards
depending on location and climate. The Newport Beach Building Division enforces Title 24
compliance through the plan check and inspection process.
Finding:
I. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section
65584 of the California Government Code regarding the City’s share of the regional housing
need and that it balances the housing needs of the region against the public service needs
of the City’s residents and available fiscal and environmental resources.
Fact in Support of Finding:
1. The Project does not conflict with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding. The subdivision
involves the merging of two contiguous parcels and the adjustment of the property
of the merged parcels with a third contiguous parcel to accommodate the addition of
a covered outdoor dining patio adjacent to an existing restaurant. Furthermore, the
Property is not identified in the City’s Housing Element as a housing opportunity site.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing sewer system
will not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board.
Fact in Support of Finding:
The proposed subdivision would merge two contiguous parcels and adjust the property of the
merged parcels with a third contiguous parcel to accommodate the addition of a covered
outdoor dining patio adjacent to an existing restaurant. This action would not create waste that
would result in a violation of the existing requirements prescribed by the Regional Water Quality
Control Board
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and
recreation policies of Chapter Three of the Coastal Act.
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Fact in Support of Finding:
The Property is within the Coastal Zone. The facts in support of findings Q and R (Coastal
Development Permit) below are hereby incorporated by reference.
Deviation from Design Standards
Per Section 19.24.050(A) of Title 19 (Lot Design, Lot Size) of the NBMC, new subdivisions
must meet the applicable zoning district regulations stated in Title 20 (Zoning Code) of the
NBMC. Deviations from the design standards set forth in Title 19 (Subdivisions) of the NBMC
may be approved by the Planning Commission subject to specific findings set forth in Section
19.24.130(C) (Deviation From Design Standards) of the NBMC. The Project merges two
adjoining parcels and adjusts the property line of a third parcel in order to construct the
proposed outdoor dining patio entirely within the boundaries of a single parcel so the structure
does not cross existing property lines. The table below shows the current and proposed lot
area and lot width of the parcels:
Current Proposed
APN 047-060-01
Area = 10,793 sq. ft.
Width = 95’ 2” Merged parcels
(Parcel 1)
Area = 14,283 sq. ft.
Width 102’ 3” APN 047-060-06
Area = 3,423 sq. ft.
Width = 95’ 2”
APN 047-060-10
Area = 8,505 sq. ft
Width = 93’ 5”
Adjusted parcel
(Parcel 2)
Area = 8,413 sq. ft.
Width = 106’ 11”
The existing parcels do not conform to Title 20 (Planning and Zoning) of the NBMC for lot width,
which is a minimum of 100 feet, and lot area, which is a minimum of 20,000 square feet. Since
the merging of the two parcels is increasing the lot area of Parcel 1 closer to the minimum lot
area standard, it does not require a deviation from Title 20 (Planning and Zoning) of the NBMC.
However, the adjustment of the property line for the second parcel will reduce the lot area from
8,505 square feet to 8,413 square feet, thereby necessitating a deviation. The findings below
address the reduction of the lot size for Parcel 2.
Finding:
L. The requested deviations will create a land plan or development design equal or superior
to that under the baseline design standards in this Chapter.
Facts in Support of Finding:
1. The merging of the two parcels and the lot line adjustment of the third parcels result
in lots that are comparable in width, length, and area with the majority of the lots in
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the surrounding area. With the exception of The Landing retail center, all other lots
in the area and within the Commercial Neighborhood (CN) Zoning District range in
lot area from 1,347 square feet to 11,162 square feet. The reduction of the lot area
of Parcel 2 from 8,505 to 8,413 square feet results in a lot area that is consistent with
the majority of lots in the area and within the Commercial Neighborhood (CN) Zoning
District. Furthermore, parcels across the Property on the east side of Newport
Boulevard, in the Commercial Visitor Serving (CV) Zone range in size from 2,495 to
14,216 square feet.
2. The existing Property is fully developed, and no new access driveways are proposed.
The reconfigured parcels will not impact the current use of the Property but will only
enhance the site by accommodating an outdoor dining patio.
Finding:
M. The deviations will not negatively impact the carrying capacity of the local vehicular
circulation network.
Fact in Support of Finding:
The proposed subdivision is not creating additional lots which would facilitate the intensification
or density of the site. The subdivision facilitates the construction of a 1,347-square-foot outdoor
dining patio which will not generate significant additional vehicular trips to the site such that it
could impact negatively the carrying capacity of the local vehicular circulation network.
Finding:
N. The deviations will not negatively impact pedestrian circulation.
Fact in Support of Finding:
The Project will not reduce, encroach or change the size or location of the sidewalk along
Newport Boulevard or modify the existing driveways. The reduced lot area of the second parcel
will not result in any physical changes to the driveway aprons or the sidewalk along Newport
Boulevard, and therefore will not negatively impact pedestrian circulation.
Finding:
O. The resulting subdivision will be compatible with the pattern of surrounding subdivisions.
Fact in Support of Finding:
Fact 1 in support of Finding L is hereby incorporated by reference.
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Finding:
P. The resulting subdivision design and improvements will not be materially detrimental to the
residents or tenants of the proposed subdivision or surrounding properties, nor to public
health or safety.
Fact in Support of Finding:
The proposed outdoor dining patio is subject to Building and Fire Codes and will be constructed
in accordance with applicable codes which will ensure that the patio addition will not be
detrimental to the residents or tenants of the site and surrounding properties and to the public
in general.
Coastal Development Permit
In accordance with Section 21.52.015.F of Title 21 (Local Coastal Program Implementation
Plan) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
Q. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The TPM is for the purposes of merging two existing lots into a single parcel and
adjusting the lot line of a third contiguous parcel. The reconfigured parcels meet all
of the requirements of the Local Coastal Program, including 21.30.025 (Coastal
Subdivisions) and Section 21.52.090 (Relief from Implementation Plan Development
Standard) as it relates to lot area.
2. The Project complies with Section 21.52.090(B)(2) (Variances) of the NBMC, which
allows for waiver or modification of certain standards of the Implementation Plan
because of special circumstance including location. The required 20,000-square-foot
minimum lot area standards may be modified as the current lot nonconforming as to
size and consist of 8,505 square feet of lot area and the adjust lot will be reduced to
8,413 square feet consistent with the majority lot sizes in the area that range between
1,347 square feet to 11,162 square feet in area.
3. The Project complies with Coastal Land Use Plan Policy 2.8.1-3, which states that land
divisions shall avoid hazardous areas and minimize risks to life and property from
coastal and other hazards. The Project also complies with Section 21.30.025, which
states that subdivisions within the Coastal Zone shall be designed to avoid current
hazardous areas, as well as areas that may become hazardous due to future changes.
Additionally, there shall be no division of land near the shoreline unless the new or
reconfigured parcels can be developed safe from geologic and other hazards for a
minimum of 75 years, and unless shoreline protective devices are prohibited to protect
development on the resultant parcels. The Property is approximately 860 feet from
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the main public beach and approximately 370 feet from nearest public beach access
within Newport Bay harbor. The Property is separated from the bay and boardwalk
by streets, and commercial and residential development.
4. The Property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code and
Building Division standards and policies.
5. No natural or cultural resources are located on the site, which has been developed
for many years. Best management practices (“BMPs”) will be required to ensure that
the construction of the outdoor dining patio will not result in water quality impacts due
to construction debris or run-off entering the waters of Newport Bay or onto adjacent
properties.
6. The CUP is to modify the floor plan of the existing 5,032-square-foot restaurant by
expanding the Net Public Area (“NPA”) from 1,150 square feet to 1,530 square feet
with the continuation of alcohol sales and late hours. The Project also includes the
construction of a proposed outdoor dining patio with alcohol sales and no late hours.
The additional patio requires a reduction of required parking from 47 to 46 parking
spaces. Findings in support of reducing the required number of parking spaces by
one space are discussed in Finding S below and are hereby incorporated by
reference.
7. Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses) of
the NBMC, eating and drinking establishments located in the Commercial
Neighborhood (CN) Zoning District that are classified as Food Service, With Late
Hours, as allowed uses, subject to the approval of a use permit. The existing
restaurant is operating under Use Permit No. 1792 which was granted in 1976
allowing the establishment of a restaurant with on-sale alcohol beverages to operate
5:00 p.m. to 2:00 a.m. on weekdays and noon to 2:00 a.m. on weekends and holidays
along with an off-site parking agreement. An amendment to Use Permit No. 1792
was granted by the Planning Commission on September 18, 1997, allowing the
restaurant to operate from 7:00 a.m. to 2:00 a.m., daily. Findings in support of the
conditional use permit allowing the interior modifications and increase in NPA with
late-hours operations and allowing alcohol sales to expand to the outdoor dining
patio are discussed in Findings below under Alcohol Sales, Conditional Use Permit
and Late-Hours Operations and are hereby incorporated by reference.
Finding:
R. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is between the nearest public road and the sea or shoreline of any body of
water located within the coastal zone.
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Fact in Support of Finding:
The Property is not located between the nearest public road and the sea or shoreline. The
Property is approximately 860 feet from the main public beach (Ocean Front) and approximately
370 feet to the nearest public beach access within Newport Harbor as identified on the Local
Coastal Plan and is not located near a public viewpoint designated by the Coastal Land Use Plan.
Relief from Implementation Plan Development Standards
Since Parcel 2 of the proposed TPM is substandard in lot area, it requires a deviation from Title
21 (Local Coastal Program Implementation Plan) of the NBMC development standards. In
accordance with Section 21.52.090 (Relief from Implementation Plan Development Standard)
of the NBMC, the Planning Commission may approve a waiver to a development standard of
the Implementation Plan only after making all of the following findings:
Finding:
S. The Planning Commission has considered the following:
i. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
ii. Whether or not there are feasible alternatives that would provide greater consistency
with the certified Local Coastal Program and/or that are more protective of coastal
resources.
Facts in Support of Finding:
1. The Project consolidates two contiguous parcels and adjusts the lot line of a third
contiguous parcel. The lot line adjustment results in a reduction of the lot size from
8,505 to 8,413 square feet. The reduction facilitates the placement of the lot line such
that the proposed outdoor dining patio structure will not cross property lines and will
be constructed entirely within a single parcel. The reconfigured parcels will not alter
the existing restaurant which is consistent with the certified Local Coastal Program
as restaurants with on-sale of alcoholic beverages operating late-hours are permitted
uses as listed in Table 21.20-1 of Section 21.20.020 (Commercial Coastal Zoning
Districts Land Uses) of the NBMC.
2. There are no feasible alternatives that would not result in the reduction of the lot size
of Parcel 2 from 8,505 to 8,413 square feet without creating a lot line that would need
to have excessive angles in order to circumvent the existing restaurant building.
Such a lot line would be contrary to the lot design standards which encourages lot
lines to be approximately at right angles to street centerlines.
3. The existing restaurant requires one parking space per 50 square feet of NPA. The
interior modifications to the restaurant will increase the NPA from 1,150 square feet
to 1,530 square feet. The modifications will also result in a total patio area of 1,347
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square feet, which consists of 1,200 square feet of NPA. The total combined NPA
of the outdoor patio and the existing restaurant equals to 2,730 square feet. After
discounting the 25% of the interior NPA for the proposed outdoor dining patio, the
net NPA amounts to 2,347.5 square feet, which requires a total of 47 parking spaces.
Based on the Parking Study submitted on May 13, 2024, the City Engineer has
determined that 46 parking spaces will adequately serve the existing restaurant
together with the proposed outdoor dining patio. The 46 parking spaces will ensure
that parking will not spill over on to adjacent areas including on-street parking spaces
which could impact public parking available for coastal access.
4. There are no coastal resources to protect on the property.
Finding:
T. The granting of the variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other physical
features, the strict application of the development standards otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners in the
vicinity and in the same coastal zoning district.
Facts in Support of Finding:
1. The Project merges two contiguous parcels into a single parcel and adjusts the lot
line of a third contiguous parcel in order to fully contain the proposed, 1,347-square-
foot outdoor dining patio on a single parcel without the patio cover structure crossing
property lines.
2. The resulting adjustment of the parcel line between the merged parcel and the third
contiguous parcel results in the reduction of the size of Parcel 2 from 8,505 to 8,413
square feet. Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) require a minimum lot area of 20,000 square feet for newly
created interior lots. Although the lot is not newly created, it is subject to a variance
since the size of the lot is getting further reduced in area. However, the merging of
the two parcels results in the elimination of a small 3,423-square-foot parcel by
combining the 3,423-square-foot parcel with an adjacent 10,793 square foot parcel
resulting in a 14,283-square-foot parcel (Parcel 1). The Project reduces an existing
nonconforming condition with the merging of the two parcels while eliminating an
existing land-locked parcel. Since the existing restaurant is located within the center
of the Property, it limits the ability to adjust the lot line in a manner that would not
reduce the size of the parcel by 92 square feet without creating a lot line that would
have excessive changes in angle.
3. Title 21 (Local Coastal Program Implementation Plan) of the NBMC does not contain
the same provision that allows lots to be subdivided to a lot size not less than the
minimum required for by the zoning district.
4. Fact 1 in support of Finding L is hereby incorporated by reference.
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Finding:
U. The variance complies with the findings required to approval a coastal development permit
in Section 21.52.015(F) of the NBMC.
Fact in Support of Finding:
Facts in Support of Findings Q and R above are hereby incorporated by reference.
Finding:
V. The variance will not result in development that blocks or significantly impedes public
access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs.
Facts in Support of Finding:
1. The Property does not currently provide access to the sea or shoreline, nor does it
provide access to any coastal parks, trails, or coastal bluffs as it is separate from the
sea and shoreline by existing streets and development.
2. The Project is not located between the nearest public road and the sea or shoreline.
The site is approximately 860 feet from the main public beach (Ocean Front) and
approximately 370 feet to the nearest public beach access within Newport Harbor as
identified in the Local Coastal Plan and is not located near a public viewpoint
designated by the Coastal Land Use Plan.
Finding:
W. The variance will not result in development that blocks or significantly impairs public views
to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas.
Fact in Support of Finding:
The Property is not located adjacent to a coastal view road or public viewpoint. The construction
of the proposed 12-foot 2-inch-tall covered outdoor dining patio will not impact any public view
opportunities. The Project does not have the potential to degrade the visual quality of the Coastal
Zone or result in significant adverse impacts to public views.
Finding:
X. The variance will not result in development that has an adverse effect, either individually or
cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or
wildlife species.
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Fact in Support of Finding:
There are no coastal resources on the Property nor are there any in the immediate area that
could be affected by the development of the covered outdoor dining patio as the property is
separated from the bay and shoreline by numerous streets and existing development.
Finding:
Y. The granting of the variance will not be contrary to, or in conflict with, the purpose of this
Implementation Plan, nor to the applicable policies of the Local Coastal Program.
Fact in Support of Finding:
Facts in Support of Finding S above are hereby incorporated by reference.
Alcohol Sales for the Altered Restaurant and the Proposed Covered Outdoor Dinng Patio
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC,
prior to approval of an amended permit for an alcohol sales establishment, the Planning
Commission shall find that the use is consistent with the purpose and intent of Section
20.48.030 (Alcohol Sales) in addition to the findings required by Section 20.52.020 (Conditional
Use Permits and Minor Use Permits). Furthermore, when considering late-hour operations,
the Planning Commission must also consider the criteria listed in Section 20.48.030(G)(3)(a)
and 20.48.030(G(3)(b) for outdoor dining. The following findings and facts in support of such
findings are set forth:
Alcohol Sales
Finding:
Z. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding:
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). RD 15 exceeds the City
average, and is considered a high crime area as compared to other reporting
districts. The RD’s Crime Count is 643, 444% over the Citywide crime count average
of 118. Since this area has 20% greater reported crimes than the average number
of reported crimes as determined from all crime reporting districts within the City, the
area is found to have undue concentration. However, RD 15 contains a large number
of visitor and tourist-serving nonresidential uses. Lido Marina Village, Cannery
Village, the Newport Boulevard business corridor, and McFadden Square consist of
many eating and drinking establishments that serve residents and visitors to the
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area. The intent of the zoning designations in this beach area, as well as the two
adjacent reporting districts, is to provide various commercial and retail uses to
support the surrounding residential area and surrounding visitor-serving and tourist
destinations. Beach areas have a higher concentration of land uses and therefore
tend to have a higher crime rate than other areas in the City.
2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use
and based on the location and operational characteristics, has no objection to
amended permit to modify the interior floor plan and expand alcohol sales to the
proposed outdoor dining patio subject to a condition of approval requiring the outdoor
dining patio close at 11:00 p.m. daily.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. Due to the high concentration of commercial land uses, the resulting calls for service
and number of arrests in RD 15 and adjacent reporting districts are greater than
other areas of the City. The highest volume crime in this area is aggravated assault
and the highest volume arrest in the area is disorderly conduct. Driving under the
influence, public intoxication, and liquor law violations make up 37% of arrests in this
reporting district. However, the area is considered one of the more attractive tourist
areas in the City, which results in a higher number of alcohol-related calls for service,
crimes and arrests.
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. Although the Project is located near a residential district, the Property is situated in
a commercial zoning district with other nonresidential uses. The nearest residential
use is approximately 225 feet to the southwest on 30th street buffered partially by
Pavilions supermarket and the walls that screen the supermarket delivery bays. A
mix of commercial and residential uses are located across Newport Boulevard.
Furthermore, a condition of approval requiring the outdoor dining patio close by
11:00 p.m., daily will further minimize noise impacts to adjacent residential uses. The
expanded NPA of the restaurant primarily increases the dining area of the restaurant,
further increasing food service.
2. The Project is not in proximity to a religious facility, daycare center, park, recreational
facility, school, or similar uses that attract minors.
3. The amended alcohol sales are not detrimental to the community as a result of the
proximity to any sensitive land uses.
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iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. Several other establishments along Newport Boulevard currently have active ABC
Licenses, most of which are bona fide eating and drinking establishments and are
not defined as bars, lounges or nightclubs by Title 20 (Planning and Zoning). Within
the adjacent shopping center, The Landing, Chihuahua Cerveza Taproom, Chipotle
Mexican Grill and Gina’s Pizza provide alcohol service to patrons. Other nearby
establishments such as Woody’s Diner, Bear Flag Fish Company, Fable and Spirits,
and Session’s West Coast Deli also provide alcohol service to patrons.
2. The Project’s proximity to other establishments selling alcohol does not raise a
concern due to characteristics of the use, as the activity will be compatible with other
similar establishments that offer on-sale alcohol services. The Project will continue
to operate as a restaurant and not a bar or lounge as it operates under a Type 47
ABC License which requires majority of sales to be from food sales and not alcohol.
The expanded NPA increases the dining area of the restaurant further ensuring that
the use will function primarily as a restaurant. The 182-square-foot portion of the
restaurant is proposed to be connected and incorporated into the proposed outdoor
dining patio. This area will contain two booths and a small bar with four seats. As this
182-square-foot area will be part of the proposed outdoor dining area, noise impacts
will be addressed with the recommended condition requiring the outdoor dining patio
area close by 11:00 p.m., daily.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property. The development
has operated as a restaurant with a Type 47 ABC license since 1976 and with an
amended Use Permit since 1997 that allowed extended hours of operation (7:00 a.m.
to 2:00 a.m., daily). On December 16, 2021, the property was granted a Limited Term
Permit (No. XP2021-027 and Coastal Development Permit No. 2021-051) that allowed
the placement of a temporary 875-square-foot outdoor dining patio. Additionally, the
Property was previously authorized two patios totaling 4,100 square feet through
Emergency Temporary Use Permit No. UP2020-073 and Emergency Coastal
Development Permit No. CD2020-080. The Property has had temporary outdoor
dining patios since 2020 without objectionable conditions. The existing patio is
currently conditioned to close at 9:00 p.m., Monday through Thursday and 10:00 p.m.,
Friday through Sunday. As a condition of approval, the proposed outdoor dining patio
will close at 11:00 p.m., daily, ensuring that noise-related impacts will not be created
as a result of the proposed permanent outdoor dining patio.
2. The Project has been reviewed and conditioned to ensure that the purpose and intent
of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is
intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended relative to the sale of alcoholic beverages will
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ensure compatibility with the surrounding uses and minimize any alcohol related
impacts.
3. As conditioned, the owners, managers, and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol. Furthermore, as a condition of approval, the
use will require an Operator License pursuant to Chapter 5.25 of the Municipal Code,
which imposes 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.
Conditional Use Permit Findings
Finding:
AA. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The General Plan land use designation for this site is Neighborhood Commercial
(CN), which is intended to provide for a limited range of retail and service uses
developed in one or more distinct centers oriented to primarily serve the needs of
and maintain compatibility with residential uses in the immediate area. The Project
involves a subdivision to merge two contiguous parcels and adjust the lot line of
another contiguous third parcel in order to accommodate a proposed outdoor dining
patio to serve the existing restaurant on the site and an amendment of a use permit
to allow interior modifications to the existing restaurant with alcohol sales and late-
hours operations.
2. The expansion of the existing restaurant by the addition of the 1,165-square-foot
outdoor dining patio along with interior modifications to the restaurant that increases
the NPA from 1,150 square feet to 1,530 square feet is consistent with this
designation because it will continue to provide a service to the surrounding
neighborhood that will help to maintain a vibrant commercial corridor. As conditioned,
the outdoor dining patio must close by 11:00 p.m., daily. The indoor dining area will
continue to close by 2:00 a.m., daily but no new patrons will be allowed to enter after
1:00 a.m. and last call for alcohol service will occur at 1:30 a.m. These restrictions
will help to ensure the use remains compatible with adjacent residential units and the
surrounding neighborhood.
3. Adjustment to off-street parking requirements is consistent with General Plan Land
Use Policy LU 1.5 (Economic Health) which encourages a local economy that
provides adequate commercial, office, industrial, and marine-oriented opportunities
that provide employment and revenue to support high-quality community service.
Adjusting the parking requirements is an appropriate tool that supports high quality
commercial uses to succeed while negating any negative impacts that could result
from a parking reduction.
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4. The Property is not part of a specific plan area.
Finding:
BB. The use is allowed within the applicable zoning district and complies with all other
applicable provisions in the Zoning Code and Municipal Code.
Facts in Support of Finding:
1. The Property is located in the Commercial Neighborhood (CN) Zoning District, which
is intended to provide for areas appropriate for a limited range of retail and service
uses developed in one or more distinct centers oriented to serve primarily the needs
of and maintain compatibility with residential uses in the immediate area. Eating and
drinking establishments (including alcohol sales with late-hours operation) are
allowed uses, subject to the approval of a use permit.
2. The addition of the outdoor dining patio is consistent with this designation because
it will continue to provide a service to the surrounding neighborhood that will help to
maintain a vibrant commercial corridor. As conditioned, the outdoor dining area must
close by 11:00 p.m., daily.
3. The existing restaurant requires one parking space per 50 square feet of NPA. The
interior modifications to the restaurant will increase the NPA from 1,150 square feet
to 1,530 square feet. The modifications will incorporate 182 square feet of interior
space of the existing 5,032-square-foot restaurant into the proposed outdoor dining
patio resulting in a total patio area of 1,347 square feet consisting of 1,200 square
feet of NPA. The total combined NPA of the outdoor dining patio and the existing
restaurant equals to 2,730 square feet. After subtracting the 25% of the interior NPA
for the proposed outdoor dining patio, the net NPA amounts to 2,347.5 square feet
which requires 47 parking spaces. Based on the Parking Study submitted on May
13, 2024, by RK Engineering, Inc., the City Engineer has determined that 46 parking
spaces will adequately serve the existing restaurant together with the proposed
outdoor dining patio. The 46 parking spaces will ensure that parking will not spill over
on to adjacent areas including on-street parking spaces which could impact public
parking available for coastal access.
4. The Parking Study concludes that providing 46 on-site parking spaces at the site is
adequate to accommodate the Project. However, in compliance with Subsection
20.40.110(C) of the NBMC, a parking management plan has been prepared in case
the site’s parking supply needs to be better utilized.
Finding:
CC. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
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Facts in Support of Finding:
1. Commercial uses such as restaurants are common in the vicinity of Newport
Boulevard and serve visitors and residents. As conditioned, the Project will be
compatible with the land uses permitted within the surrounding neighborhood.
2. The Project is an existing restaurant located along Newport Boulevard which
contains other restaurants and retail shops. The modified interior of the restaurant
with the increased net public area and the outdoor dining patio addition will
complement the existing use and the existing mix of retail, service, and restaurant
uses in the immediate area.
3. The Project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the restaurant is nearby
residential units, the building is oriented toward Newport Boulevard. There are
residential units located towards the south along 30th Street, but the restaurant
including the proposed outdoor dining area will be partially buffered by the Pavilions
shopping center and the street.
4. The NBPD has reviewed the Project and has no objections provided the outdoor
dining patio is conditioned to close by 11:00 p.m., daily. The operational conditions
of approval recommended by the NBPD relative to the sale of alcoholic beverages
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. Based on the Parking Study, the proposed 46 parking spaces instead of the code
required 47 parking spaces will adequately serve the Project making the design,
location, size and operating characteristic of the use compatible with allowed uses
in the vicinity.
Finding:
DD. 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 Project is and existing use currently in operation with a temporary outdoor dining
patio. The use has operated in its current configuration since 1976 and with the
temporary outdoor dining patio since 2020. The permanent addition of the outdoor
dining area will result in a loss of one parking space from the code required 47
spaces. As discussed in Findings BB, MM and NN and hereby incorporated by
reference, the reduction of the parking space will not create objectional results as
the aforementioned parking study demonstrates that 46 parking spaces will
adequality serve the restaurant as modified with increased NPA and with the added
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outdoor dining patio. The design, size, location, and operating characteristics of the
use are compatible with the surrounding neighborhood.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the Property. Any additional utilities upgrades required for the outdoor
dining patio will be required prior to the issuance of a building permit.
3. The tenant improvements to the Property, including the construction of the new
outdoor dining patio, will comply with all Building, Public Works, and Fire Codes. All
City ordinances and all conditions of approval will be complied with.
Finding:
EE. 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 includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the restaurant is nearby to
residential units, the building and the outdoor dining patio are oriented towards
Newport Boulevard. There are residential units located on 30th Street, but the
restaurant and the outdoor dining area will be buffered partially by the Pavilions
supermarket and the street.
2. The NBPD has reviewed the Project and has no objections provided the outdoor
dining patio is conditioned to close by 11:00 p.m., daily, to prevent noise-related
impacts. The operational conditions of approval recommended by the NBPD relative
to the sale of alcoholic beverages 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.
3. The Project has been reviewed and includes conditions of approval to help 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.
4. The Type 47 (On Sale General – Eating Place) ABC License will provide dining
services for the restaurant and the outdoor dining patio as a public convenience to
the surrounding residential neighborhood as well as to visitors. The service of alcohol
in the restaurant and on the outdoor dining patio will provide an economic opportunity
for the property owner to maintain a successful business in a way that best serves
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the community. The proposed outdoor dining patio will complement the remodeled
restaurant and offer an additional amenity to residents and visitors.
5. As conditioned, the owners, managers, and employees selling alcohol are required
to undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol. Furthermore, an operator license is required
pursuant to Chapter 5.25 of the NBMC which will impose additional and more
restrictive conditions on the operation requiring such actions as a security plan to
regulate and control potential nuisances associated with the use of the property.
6. Based on the Parking Study, the reduction of required parking from 47 parking
spaces to 46 parking spaces 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 Project. Parking use will not spill over onto
adjacent streets which could impact nearby businesses, residential uses, or visitors
to the harbor and beaches.
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:
Finding:
FF. Consider potential impacts from music, dancing and voices associated with allowed
indoor and outdoor uses and activities upon adjacent or nearby uses.
Facts in Support of Finding:
The interior modifications of the restaurant and the increased NPA will not increase
sounds from the restaurant. The restaurant has operated with late-hours since 1976.
Live entertainment and dancing are not allowed in the restaurant or the proposed
outdoor dining patio. As a condition of approval, the outdoor dining area must close by
11:00 p.m., daily.
Finding:
GG. Consider potential impacts from high levels of lighting and illumination upon adjacent or
nearby uses.
Facts in Support of Finding:
The interior alterations to the restaurant will not involve changes resulting in high levels
of lighting and illumination. Standard conditions of approval are in accordance with
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Section 20.30.070 (Outdoor Lighting) of NBMC, any new lighting associated with the
Property including the proposed outdoor dining patio, will be subject to the standards of
Section 20.30.070 including the requirement mandating that lighting fixtures be
designed, shielded, aimed, located and maintained to shield adjacent properties and to
not produce glare onto adjacent properties or roadways.
Finding:
HH. Consider potential impacts from increased pedestrian and vehicular traffic activity during
late night and early morning hours upon adjacent or nearby uses.
Facts in Support of Finding:
The interior alterations to the restaurant will increase the NPA from 1,150 square feet to
1,530 square feet. Most of the increase will facilitate additional dining area. Any
increase in the number of customers will be negligible and will involve dining activity
which typically ends by 10 to 11 pm. which should not impact late-hour operations.
Furthermore, as a condition of approval, the proposed outdoor dining patio will close by
11:00 p.m. prior to the official late-hours which start at 11:00 p.m. Any increase in
pedestrian activity will be negligible and is not likely to result in negative impacts.
Conditions of approval, including the condition of approval requiring the outdoor dining
patio close by 11:00 p.m. will negate potential impacts.
Finding:
II. Consider potential impacts from increased trash and recycling collection activities upon
adjacent or nearby uses.
Facts in Support of Finding:
The late-hours operation of the remodeled restaurant is not anticipated to increase trash and
recycling collection activities during late-hours. Conditions of approval will address trash and
recycling activities on the site to ensure the use does not result in negative impacts with regards
to trash and recycling activities.
Finding:
JJ. Consider potential impacts from occupancy loads of the use upon adjacent or nearby
uses.
Facts in Support of Finding:
The interior alterations to the restaurant will increase the NPA from 1,150 square feet to 1,530
square feet. Most of the increase will facilitate additional dining area. Dining activities typically
diminish by 10 to 11 p.m. Any increase in occupancy load could result from additional dining
areas which would not result in impacts to adjacent or nearby uses.
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Finding:
KK. Consider potential impacts from any other factors that may affect adjacent or nearby
uses.
Facts in Support of Finding:
No other factors are known or have been identified.
Adjustments to Off-Street Parking Requirements
In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, off-street parking requirements may be reduced with the approval of a conditional use
permit in compliance with NBMC Section 20.52.020 (Conditional Use Permits and Minor use
Permits) and in compliance with the following conditions:
Finding:
LL. 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);
Fact in Support of Finding:
The existing restaurant requires one parking space per 50 square feet of Net Public Area
(NPA). The interior modifications to the restaurant will increase the NPA from 1,150 square
feet to 1,530 square feet. The modifications will incorporate 182 square feet of interior space
of the existing 5,032-square-foot restaurant into the proposed outdoor dining patio resulting in
a total patio area of 1,347 square feet consisting of 1,200 square feet of NPA. The total
combined NPA of the outdoor patio and the existing restaurant equals to 2,730 square feet.
After subtracting the 25% of the interior NPA for the proposed outdoor dining patio, the net
NPA amounts to 2,347.5 square feet which requires 47 parking spaces. Based on the Parking
Study submitted on May 13, 2024, by RK Engineering the City Engineer has determined that
46 parking spaces will adequately serve the existing restaurant together with the proposed
outdoor dining patio. The 46 parking spaces will ensure that parking will not spillover on to
adjacent areas including on-street parking spaces which could impact public parking available
for coastal access.
MM. A parking management plan shall be prepared in compliance with subsection (C) of
this section (Parking Management Plan).
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Facts in Support of Finding:
The Project proposes to manage the on-site parking through the addition of new bicycle
parking, which is a common mode of transportation in the surrounding neighborhood.
Additionally, since the Parking Study concludes that a large majority of patrons to the
establishment utilize ride-share services such as Uber or Lyft, or choose to walk to the
establishment, the parking deficit of one space will not result in a negative impact to the
surrounding neighborhood. Additional street parking is available at 30th Street, 32nd
Street, and Balboa Boulevard, which will further offset the one space parking deficit.
Condition of Approval No. 23 requires a minimum of 11 bicycle parking spaces on site.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act under Section 15301
under Class 1 (Existing Facilities) and Section 15305 under Class 5 (Minor Alterations
in Land Use Limitations) 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 Planning Commission of the City of Newport Beach hereby approves PA2024-0001
subject to the conditions of approval set forth in Exhibit “A”, which is attached hereto and
incorporated by reference.
3. Approval of the Conditional Use Permit and Coastal Development Permit 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) and NBMC Title 21 (Local Coastal
Program).
4. The action on the Tentative Parcel Map shall become final and effective 10 days after
the adoption of this Resolution unless an appeal is filed with the City Council by the
provisions of Title 19 Subdivisions of the Newport Beach Municipal Code.
5. This resolution supersedes Use Permit No. UP1792 and subsequent amendments
approved pursuant to Resolution No. PC2024-012, which upon vesting of the rights
authorized by this conditional use permit, coastal development permit, and operator
license, shall become null and void.
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Planning Commission Resolution No. PC2024-012
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PASSED, APPROVED, AND ADOPTED THIS 5th DAY OF JUNE 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
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Planning Commission Resolution No. PC2024-012
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Exhibit “A”
Legal Description
Real property in the City of Newport Beach, County of Orange, State of California, described as follows:
TRACT 1:
PARCEL 1:
THAT PORTION OF THE 100 FOOT PARCEL OF LAND DESCRIBED IN THE DEED DATED
SEPTEMBER 26, 1921, RECORDED OCTOBER 14, 1921 IN BOOK 405, PAGE 250 OF DEEDS, AND
ALSO THAT PORTION OF THE LAND THIRDLY DESCRIBED IN THE DEED DATED MAY 5, 1899,
RECORDED MAY 8, 1899 IN BOOK 40, PAGE 366 OF DEEDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF THAT PORTION OF LAND 30 FEET WIDE,
DESCRIBED IN THE DEED DATED MAY 31, 1935, RECORDED NOVEMBER 20, 1935 IN BOOK 792,
PAGE 25 OF OFFICIAL RECORDS; SAID POINT OF BEGINNING BEING THE MOST NORTHERLY
CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED DATED SEPTEMBER
16, 1938, RECORDED DECEMBER 23, 1938 IN BOOK 975, PAGE 186 OF OFFICIAL RECORDS,
THENCE SOUTH 52° 46' 30" WEST ALONG THE NORTHWESTERLY LINE OF THE PARCEL OF
LAND DESCRIBED IN THE LAST MENTIONED DEED, 92.48 FEET; THENCE NORTH 37° 13' 30"
WEST 57.5 FEET; THENCE NORTH 52° 46' 30" EAST 14 FEET; THENCE NORTH 37° 13' 30" WEST
37.5 FEET; THENCE NORTH 52° 46' 30" EAST 131.05 FEET TO A POINT IN THE WESTERLY LINE
OF THE AFORESAID 30 FOOT STRIP OF LAND; THENCE SOUTHEASTERLY ALONG SAID
WESTERLY LINE, ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, AND HAVING A
RADIUS OF 2844.83 FEET (A RADIAL LINE TO SAID CURVE AT LAST MENTIONED POINT BEARS
NORTH 82° 49' 34" EAST) A DISTANCE OF 108.58 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE 100 FOOT PARCEL OF LAND DESCRIBED IN THE DEED RECORDED
SEPTEMBER 26, 1921, RECORDED IN BOOK 405, PAGE 250 DEEDS, RECORDS OF ORANGE
COUNTY, AND ALSO THAT PORTION OF THE LAND THIRDLY DESCRIBED IN THE DEED DATED
MAY 5, 1899, RECORDED IN BOOK 40, PAGE 366, DEEDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND 30 FEET
WIDE DESCRIBED IN THE DEED DATED MAY 31, 1935, RECORDED IN BOOK 792, PAGE 25
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,
SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN
PARCEL OF LAND DESCRIBED IN THE DEED DATED SEPTEMBER 16, 1938, RECORDED IN
BOOK 975, PAGE 186, OFFICIAL RECORDS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 52°
46' 30" WEST ALONG THE NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN
THE LAST MENTIONED DEED, 122.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 37° 13' 30" WEST 95 FEET; THENCE NORTH 52° 46' 30" EAST 44.5 FEET TO A POINT;
THENCE SOUTH 37° 13' 30" EAST 37.5 FEET; THENCE SOUTH 52° 46' 30" WEST 14 FEET;
THENCE SOUTH 37° 13' 50" EAST 57.5 FEET TO A POINT IN THE NORTHWESTERLY LINE OF THE
SAID PARCEL OF LAND DESCRIBED IN THE DEED RECORDED IN BOOK 975, PAGE 186,
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OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY;
THENCE SOUTH 52° 46' 30" WEST 30.5 FEET TO THE POINT OF BEGINNING.
PARCEL 3:
A RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 20 FEET IN WIDTH, BEING
THAT PORTION OF THE 100 FOOT PARCEL OF LAND DESCRIBED IN DEED RECORDED
OCTOBER 14, 1921 IN BOOK 405, PAGE 250 OF DEEDS, AND ALSO THAT PORTION OF THE
LAND THIRDLY DESCRIBED IN THE DEED RECORDED MAY 8, 1899 IN BOOK 40, PAGE 366 OR
DEEDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND 30 FEET
WIDE, DESCRIBED IN THE DEED RECORDED NOVEMBER 20, 1935 IN BOOK 792, PAGE 25 OF
OFFICIAL RECORDS, SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED DECEMBER 23, 1938
IN BOOK 975, PAGE 186 OF OFFICIAL RECORDS, THENCE NORTHERLY ALONG THE SAID
WESTERLY LINE AND ALONG THE ARC
OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2844.83 FEET (A RADIAL LINE TO
SAID CURVE AT LAST MENTIONED POINT BEARS NORTH 80° 30' 21" EAST) AN ARC DISTANCE
OF 108.58 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL TO BE DESCRIBED; THENCE
SOUTH 52° 46' 30" WEST 175.55 FEET; THENCE NORTH 37° 13' 30" WEST 20 FEET; THENCE
NORTH 52° 46' 30" EAST 187.24 FEET, MORE OR LESS, TO A POINT IN AFORESAID WESTERLY
LINE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND ALONG THE ARC OF A CURVE
CONCAVE TO THE EAST AND HAVING A RADIUS OF 2844.83 FEET A DISTANCE OF 23.18 FEET,
MORE OR LESS, TO THE TRUE POINT OF BEGINNING HAVING AN AREA OF 3639 SQUARE
FEET, MORE OR LESS.
EXCEPTING THEREFROM THE SOUTHWESTERLY 44.5 FEET, SAID RIGHT OF WAY NOT BEING
FOR EXCLUSIVE USE.
TRACT 2:
THAT PORTION OF SECTION 28, IN TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, ACCORDING TO AN OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND
OFFICE, AUGUST 4,
1890, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF THAT CERTAIN
PARCEL OF LAND 30 FEET WIDE, DESCRIBED IN THE DEED DATED MAY 31, 1935, RECORDED
NOVEMBER 20, 1935, IN BOOK 792, PAGE 25, OFFICIAL RECORDS, WITH THE NORTHEASTERLY
PROLONGATION OF THE NORTHWESTERLY LINE OF 30TH STREET, 50 FEET WIDE, AS SHOWN
ON THE MAP OF LAKE TRACT, RECORDED IN BOOK 4, PAGE 13, MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 52° 46' 30" WEST ALONG SAID
NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF 30TH STREET, 75
FEET; THENCE NORTH 37° 13' 30" WEST, 95 FEET; THENCE NORTH 52° 46' 30" EAST 122.98
FEET, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL OF LAND 30 FEET WIDE, SAID
POINT BEING ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2844.83 FEET (A
RADIAL LINE TO SAID CURVE AT SAID POINT BEARS SOUTH 80° 38' 21" WEST); THENCE
SOUTHERLY ALONG AN ARC OF SAID CURVE A DISTANCE OF 106.43 FEET TO THE POINT OF
BEGINNING.
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Planning Commission Resolution No. PC2024-012
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EXCEPT THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN JUDGMENT IN
CONDEMNATION IN FAVOR OF THE CITY OF NEWPORT BEACH A CERTIFIED COPY OF WHICH
WAS RECORDED FEBRUARY
6, 1962, IN BOOK 6000, PAGE 956, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
APN: 047-060-01 and 047-060-06 (Affects: Tract 1) and 047-060-10 (Affects: Tract 2)
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Planning Commission Resolution No. PC2024-012
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CONDITIONS OF APPROVAL
Exhibit “B”
(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 Conditional 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 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.
5. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require an amendment to this Conditional Use Permit or
Coastal Development Permit, or the processing of a new permit.
6. 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.
7. Before the issuance of a building permit, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought-tolerant plantings and water-efficient irrigation practices, and the plans shall be
approved by the Planning Division.
8. All landscape materials and irrigation systems shall be maintained by the approved
landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
9. 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
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Planning Commission Resolution No. PC2024-012
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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.
10. 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.
11. The hours of operation of the restaurant shall be from 7:00 a.m. to 2:00 a.m., daily.
However, no new patrons shall be allowed to enter the restaurant after 1:00 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 hours of operation for the outdoor dining patio shall be 7:00 a.m. to 11:00 p.m.,
daily.
13. Prior to operation of the outdoor dining patio, the Applicant shall obtain an Operator’s
License from the Newport Beach Police Department.
14. 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
15. 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.
16. 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 Saturday, Sundays, or Holidays.
17. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
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Planning Commission Resolution No. PC2024-012
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The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
18. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
19. The exterior of the business shall be always maintained free of litter and graffiti. 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.
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 (Water and Sewers) of the NBMC, including all future
amendments (including Water Quality related requirements).
21. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 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. The Project shall include 11 bicycle stalls on the Property.
24. A total of 46 parking spaces shall be maintained and accessible for use by the
establishment at all times on both parcels and the adjacent parking easement area as
illustrated on the approved plans.
25. 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) and Title 21 (Local
Coastal Program Implementation Plan) of the NBMC.
26. 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.
27. 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 Malarky’s including, but not limited to, a conditional use
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Planning Commission Resolution No. PC2024-012
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permit, coastal development permit, tentative parcel map, and operator license (PA2024-
0001). 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.
Fire Department
28. A fire sprinkler system and fire alarm system shall be provided as a part of the building
permit plans submittal.
Police Department
29. The Applicant shall comply with all federal, state, and local laws, and all conditions of the
Type 47 (On-Sale General) Alcoholic Beverage License. Material violation of any of those
laws or conditions in connection with the use is a violation and may be cause for revocation
of the use permit.
30. Food service shall be made available until closing.
31. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
32. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
33. 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.
34. 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.
35. All owners, managers and employees must abide by all laws and conditions of the
Alcoholic Beverage License.
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36. No outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility.
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. There shall be no live entertainment or dancing allowed on the premises.
39. All doors and windows of the facility shall remain closed after 10:00 p.m. except for the
ingress and egress of patrons and employees.
40. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
41. 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.
42. 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.
43. A Special Events Permit is required for any event or promotional activity outside the normal
operational characteristics of the approved use, as conditioned, or that would attract large
crowds, involve the sale of alcoholic beverages, include any form of on-site media
broadcast, or any other activities as specified in the Newport Beach Municipal Code to
require such permits.
44. 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 every 60 days of hire. This training 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 of approval.
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.
45. 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.
46. The applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to police upon request.
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47. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
48. An Operator License is required pursuant to Chapter 5.25 of the Municipal Code, 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.
Building Division
49. 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.
50. 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.
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51. 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
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
52. As part of the building permit plans submittal, the Applicant shall provide a building
analysis, including allowable area shall be based on the most restrictive allowance for
the occupancy group under consideration in compliance with Table 506.2 of California
Building Code (CBC) 2022.
53. The Project shall comply with the exterior wall and maximum area of opening/opening
protections required in 705 of CBC 2022.
54. The Project shall comply with the means of egress sizing of chapter 1005 of CBC 2022.
55. The Project shall comply with the following requirements of the CBC. In non-sprinklered
buildings, exits from a suite or floor shall be separated by a distance not less than ½ the
diagonal of the suite or floor respectively. (CBC 1007.1.1). In sprinklered buildings, the
minimum separation between exits shall be not less than ⅓ of the diagonal of the space
or floor served (CBC 1007.1.1 Exc. 2).
56. The Project shall comply with the required accessible path of travel from parking and
public right of way to the tenant improvement space per 11B-202.4 of the CBC.
57. The Project shall provide the total required number of accessible and van accessible
parking in compliance with 11B-208 CBC 2022.
58. The Project shall provide five percent, minimum one, accessible seating for each type
of seating in compliance with 11B-902.
59. The Projects circulation paths contiguous to vehicular traffic shall be physically
separated from vehicular traffic. Physical separation shall be provided with circulation
paths raised 4" minimum above the area where vehicular traffic occurs in compliance
with 11B-250.1 CBC 2022.
60. The Project shall provide fire sprinklers per section 903 of the CBC.
61. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
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Public Works Department
62. Prior to the issuance of a building permit, a parcel Map shall be recorded. The Map
shall be prepared on the California coordinate system (NAD83). Prior to recordation of
the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor
and the City of Newport Beach a digital-graphic file of said map in a manner described
in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of
Newport Beach shall comply with the City’s CADD Standards. Scanned images will not
be accepted.
63. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(one inch iron pipe with tag) shall be set on each lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
64. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
65. An encroachment permit is required for all work activities within the public right-of-way.
66. Any existing broken and/or otherwise damaged concrete curb, gutter and sidewalk
panels along the Newport Boulevard and 30th Street frontages shall be reconstructed.
67. All improvement shall comply with the City’s sight distance requirement. See City
Standards 110-L.
68. In case of damage done to public improvement surrounding the development site by the
private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
69. Parking layout shall be per City Standard 805.
70. Substantial barriers shall be placed between the outdoor dining area and adjacent
parking space areas and drive aisle adjacent to the outdoor dining area. Substantial
barriers shall not encroach into the required dimensions for the drive aisles and parking
stalls.
71. Truncated domes shall be installed at the southerly driveway to comply with current ADA
guidelines.
72. Traffic signage and pavement marking shall comply with the latest version of the
California MUTCD and Caltrans Design Manual.
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73. The existing bench that is located within the Newport Boulevard public right of way shall
be removed.
74. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles
and 15 feet of space around all underground facilities, such as vaults, lids, manholes,
vent pipes, pad-mounted transformers, etc.
75. Seating or structures below overhead conductors and/or under the “drip line” shall be
prohibited.
76. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
77. Expanded outdoor dining areas shall adhere to the SCE clearance Decal examples.
78. Prior to the issuance of a building permit, the applicant shall obtain and provide a copy
of the approval from the Southern California Gas Company for all improvements within
the existing Gas Company easement.
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Attachment No. PC 2
Police Department Memorandum
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63
64
65
66
67
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Attachment No. PC 3
Parking Study
69
INTENTIONALLY BLANK PAGE70
May 13, 2024
Mr. Mario Marovic
LOUNGE GROUP
121 McFadden Place
Newport Beach, CA 92663
Subject: Malarky’s Irish Pub Parking Waiver Support Documentation, City of
Newport Beach
Dear Mr. Marovic:
Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide this Parking Waiver Support
Documentation for Malarky’s Irish Pub located at 3011 Newport Boulevard in the City of
Newport Beach. The project is located in a popular urban environment with ample public
parking and public transit opportunities within walking distance.
The existing Malarky’s Irish Pub consists of 1,150 square feet of interior net public area and
requires 29 parking spaces. The proposed project will increase the net public area to 1,530
square feet and add a permanent outdoor dining patio of 1,200 square feet of net public
area. As a result, forty-seven (47) parking spaces are required based on the municipal
parking code. The site provides forty-six (46) spaces. Hence, the Applicant is seeking a
parking waiver of one (1) parking space. As a result, the City of Newport Beach is
requesting additional data to support the parking waiver.
This document summarizes on-site parking counts provided during peak operating hours at
Malarky’s on Thursday, Friday, Saturday, and Sunday (April 11-14, 2024) and Friday, May
3, 2024. These dates coincided with Spring Break for many schools, and it was considered
a peak seasonal period for the area. The observed parking data shows sufficient on-site
parking was available at the site during all peak times. Images supporting the parking
counts are provided in Attachment A.
Additionally, the site lends itself well to shared parking due to its proximity to public
parking lots, public transit, walking, bicycling, and ride–sharing opportunities – all of which
help reduce the parking demand for the project.
71
LOUNGE GROUP
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JN: 2383-2024-01
The following sections summarize the observed parking data provided by the Applicant
during the peak operating hours.
Thursday, April 11, 2024
Table 1 shows the number of parking spaces available at the site on Thursday, April 11,
2024, during the peak operating hours.
Table 1
Malarky’s Peak Hour Parking Data1
Thursday, April 11, 2024
Time Estimated Number of Parking Spaces Available
5:00 PM 22
6:00 PM 23
7:00 PM 23
8:00 PM 20
9:00 PM 31
10:00 PM 33
11:00 PM 35
12:00 AM 36
1:00 AM 36
Minimum Parking Spaces Available 20
1. Parking space availability estimated based on security camera footage provided by the Applicant. Camera
#3 cannot identify 2 parking spaces adjacent to the dumpster and are assumed occupied in this analysis.
See Attachment A for more details.
As shown in Table 1, the peak parking demand on Thursday, April 11, 2024, occurred at 8
p.m. During this time, a total of 20 parking spaces remained available. Therefore, the
existing parking lot is projected to have ample parking spaces to accommodate the project.
72
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JN: 2383-2024-01
Friday, April 12, 2024
Table 2 shows the estimated number of parking spaces available at the site on Friday, April
12, 2024, during the peak operating hours.
Table 2
Malarky’s Peak Hour Parking Data1, 2
Friday, April 12, 2024
Time Estimated Number of Parking Spaces Available
5:00 PM 28
6:00 PM 30
7:00 PM 30
8:00 PM 27
9:00 PM 21
10:00 PM 16
11:00 PM 6
12:00 AM 3
1:00 AM 6
Minimum Parking Spaces Available 3
1. Parking space availability estimated based on security camera footage provided by the Applicant. Camera
#3 cannot identify 2 parking spaces adjacent to the dumpster and are assumed occupied in this analysis.
See Attachment A for more details.
2. It should be noted that it rained on the evening of April 12, 2024. To help determine if the weather
affected the business that evening, the Applicant provided data showing the number of items sold per hour
inside the pub. The items sold per hour can be correlated with the observed parking data, and it shows
that parking demand increases along with the number of hourly transactions. Furthermore, based on data
provided, there were approximately 21% more hourly purchases on Friday, April 12, 2024, than on a
typical Friday in February with clear weather conditions. Therefore, it is reasonable to assume that the
weather did not significantly affect parking demand at the site and the data presented in Table 2 provides a
sufficient assessment of peak on-site operations. Attachment B provides additional information on the
items sold data comparison.
The peak parking demand on Friday, April 12, 2024, occurred at 12:00 AM (i.e., Saturday
morning). During this peak time, a total of 3 parking spaces remained available. Therefore,
the existing parking lot is projected to have ample parking spaces to accommodate the
project.
73
LOUNGE GROUP
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JN: 2383-2024-01
Saturday, April 13, 2024
Table 3 shows the estimated number of parking spaces available at the site on Saturday,
April 13, 2024, during the peak operating hours.
Table 3
Malarky’s Peak Hour Parking Data1, 2
Saturday, April 13, 2024
Time Estimated Number of Parking Spaces Available
3:00 PM 17
4:00 PM 24
5:00 PM 26
6:00 PM 25
7:00 PM 23
8:00 PM 23
9:00 PM 23
10:00 PM 15
11:00 PM 6
12:00 AM 9
1:00 AM 12
Minimum Parking Spaces Available 6
1. Parking space availability estimated based on security camera footage provided by the Applicant. Camera
#3 cannot identify 2 parking spaces adjacent to the dumpster and are assumed occupied in this analysis.
See Attachment A for more details.
2. It should be noted that it rained on the evening of April 13, 2024. To help determine if the weather
affected the business that evening, the Applicant provided data showing the number of items sold per hour
inside the pub. The items sold per hour can be correlated with the observed parking data, and it shows
that parking demand increases along with the number of hourly transactions. Furthermore, based on data
provided, there were approximately 7% more hourly purchases on Saturday, April 13, 2024, than on a
typical Saturday in February with clear weather conditions. Therefore, it is reasonable to assume that the
weather did not significantly affect parking demand at the site and the data presented in Table 3 provides a
sufficient assessment of on-site operations. Attachment B provides additional information on the items sold
data comparison.
The peak parking demand on Saturday, April 13, 2024, occurred at 11 p.m. During this
peak time, a total of 6 parking spaces remained available. Therefore, the existing parking
lot is projected to have ample parking spaces to accommodate the project.
74
LOUNGE GROUP
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JN: 2383-2024-01
Sunday, April 14, 2024
Table 4 shows the estimated number of parking spaces available at the site on Sunday,
April 14, 2024, during the peak operating hours.
Table 4
Malarky’s Peak Hour Parking Data1
Sunday, April 14, 2024
Time Estimated Number of Parking Spaces Available
3:00 PM 22
4:00 PM 30
5:00 PM 29
6:00 PM 20
7:00 PM 28
8:00 PM 27
9:00 PM 28
10:00 PM 30
11:00 PM 32
12:00 AM 35
Minimum Parking Spaces Available 20
1. Parking space availability estimated based on security camera footage provided by the Applicant. Camera #3
cannot identify 2 parking spaces adjacent to the dumpster and are assumed occupied in this analysis. See
Attachment A for more details.
The peak parking demand on Sunday, April 14, 2024, occurred at 6 p.m. During this peak
time, a total of 20 parking spaces remained available. Therefore, the existing parking lot is
projected to have ample parking spaces to accommodate the project.
75
LOUNGE GROUP
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JN: 2383-2024-01
Friday, May 3, 2024
Table 5 shows the estimated number of parking spaces available at the site on Friday, May
3, 2024, during the peak operating hours.
Table 5
Malarky’s Peak Hour Parking Data1
Friday, May 3, 2024
3:00 PM 34
4:00 PM 33
5:00 PM 32
6:00 PM 33
7:00 PM 29
8:00 PM 26
9:00 PM 19
10:00 PM 23
11:00 PM 23
12:00 AM 19
1:00 AM 19
Minimum Parking Spaces Available 19
TIME Estimated Number of Parking Spaces Available
1. Parking space availability estimated based on security camera footage provided by the Applicant. Camera
#3 cannot identify 2 parking spaces adjacent to the dumpster and are assumed occupied in this analysis.
See Attachment A for more details.
The peak parking demand on Friday, May 3, 2024, occurred at 9 p.m. During this peak
time, a total of 19 parking spaces remained available. Therefore, the existing parking lot is
projected to have ample parking spaces to accommodate the project.
76
LOUNGE GROUP
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JN: 2383-2024-01
Location & Modal Options
The project is ideally situated within walking distance of retail shops, commercial spaces,
restaurants, bars, and tourist attractions. The location is also convenient for pedestrian
traffic, public transit, ridesharing, and bicycles throughout the year, which helps reduce the
project's parking demand.
Given the variety of nearby destinations and the availability of public parking, noncaptive
parking is common. This type of parking refers to scenarios where visitors or employees
park once and visit multiple destinations within the area. For instance, a visitor might dine
at a restaurant, then shop at a nearby retail store, or enjoy an ice cream, all without
generating additional parking demand for each activity. Consequently, the strategic
location of the project and its proximity to various amenities significantly reduce the overall
parking demand for the site.
To enhance support for bicycle parking, the project is implementing onsite bicycle racks for
both patrons and employees. Currently, Malarky’s hosts a single bicycle rack with a capacity
for six bikes.
Although bike rack parking is not currently mandatory, the existing bike parking was
installed to encourage bicycling. The project is adding a five-stall bike rack, increasing the
total capacity to 11 bike stalls. However, this expansion does not preclude additional
cyclists from commuting by bike, as the spacious and durable landscape area can
accommodate bicycle overflow.
Project representatives indicate a significant increase in bicycle and pedestrian traffic on
warm weather days. Located in a densely populated area, many customers cycle or walk to
Malarky’s, coming from local residences or visiting as tourists from the beach.
77
LOUNGE GROUP
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Conclusions
RK has concluded its parking analysis for Malarky’s Irish Pub, located at 3011 Newport
Boulevard, Newport Beach. The pub is ideally situated in a vibrant urban setting,
surrounded by extensive public parking and multiple public transit options accessible within
a short walk. This analysis aims to justify a parking waiver for the pub, which is undergoing
an expansion to include an increased internal public area and outdoor dining patio.
The proposed expansion of the pub includes an additional 1,530 square feet of net public
area and a new 1,200 square foot permanent outdoor dining patio. According to the
municipal parking code, this expansion requires forty-seven (47) parking spaces. Currently,
the site accommodates forty-six (46) spaces, prompting the Applicant to request a waiver
for one (1) parking space.
To support the parking waiver, an observed parking analysis was conducted
over five days. The results confirmed that the existing parking supply sufficiently
meets the site's needs. As a result, there is an adequate number of parking
spaces provided onsite to accommodate the project.
RK Engineering Group, Inc. appreciates this opportunity to work with the Lounge Group on
Malarky’s Irish Pub 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.
Bryan Estrada, AICP Matthew Ramon, EIT
Principal Engineer I
78
Attachment A
Observed Parking Data
79
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= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Thursday, 5 PM
Cam 2
Cam 3
Cam 4
Cam 5
81
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Thursday, 6 PM
Cam 2
Cam 3
Cam 4
Cam 5
82
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Thursday, 7 PM
Cam 2
Cam 3
Cam 4
Cam 5
83
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Thursday, 8 PM
Cam 2
Cam 3
Cam 4
Cam 5
84
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Thursday, 9 PM
Cam 2
Cam 3
Cam 4
Cam 5
85
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Thursday, 10 PM
Cam 2
Cam 3
Cam 4
Cam 5
86
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Thursday, 11 PM
Cam 2
Cam 3
Cam 4
Cam 5
87
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Thursday, 12 AM
Cam 2
Cam 3
Cam 4
Cam 5
88
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Thursday, 1 AM
Cam 2
Cam 3
Cam 4
Cam 5
89
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday, 5 PM
Cam 2
Cam 3
Cam 4
Cam 5
90
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday, 6 PM
Cam 2
Cam 3
Cam 4
Cam 5
91
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday, 7 PM
Cam 2
Cam 3
Cam 4
Cam 5
92
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday, 8 PM
Cam 2
Cam 3
Cam 4
Cam 5
93
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday, 9 PM
Cam 2
Cam 3
Cam 4
Cam 5
94
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday, 10 PM
Cam 2
Cam 3
Cam 4
Cam 5
95
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday, 11 PM
Cam 2
Cam 3
Cam 4
Cam 5
96
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday, 12 AM
Cam 2
Cam 3
Cam 4
Cam 5
97
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday, 1 AM
Cam 2
Cam 3
Cam 4
Cam 5
98
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 3 PM
Cam 2
Cam 3
Cam 4
Cam 5
99
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 4 PM
Cam 2
Cam 3
Cam 4
Cam 5
100
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 5 PM
Cam 2
Cam 3
Cam 4
Cam 5
101
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 6 PM
Cam 2
Cam 3
Cam 4
Cam 5
102
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 7 PM
Cam 2
Cam 3
Cam 4
Cam 5
103
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 8 PM
Cam 2
Cam 3
Cam 4
Cam 5
104
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 9 PM
Cam 2
Cam 3
Cam 4
Cam 5
105
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 10 PM
Cam 2
Cam 3
Cam 4
Cam 5
106
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 11 PM
Cam 2
Cam 3
Cam 4
Cam 5
107
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 12 AM
Cam 2
Cam 3
Cam 4
Cam 5
108
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Saturday, 1 AM
Cam 2
Cam 3
Cam 4
Cam 5
109
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 3 PM
Cam 2
Cam 3
Cam 4
Cam 5
110
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 4 PM
Cam 2
Cam 3
Cam 4
Cam 5
111
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 5 PM
Cam 2
Cam 3
Cam 4
Cam 5
112
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 6 PM
Cam 2
Cam 3
Cam 4
Cam 5
113
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 7 PM
Cam 2
Cam 3
Cam 4
Cam 5
114
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 8 PM
Cam 2
Cam 3
Cam 4
Cam 5
115
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 9 PM
Cam 2
Cam 3
Cam 4
Cam 5
116
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 10 PM
Cam 2
Cam 3
Cam 4
Cam 5
117
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 11 PM
Cam 2
Cam 3
Cam 4
Cam 5
118
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Sunday, 12 AM
Cam 2
Cam 3
Cam 4
Cam 5
119
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3), 3 PM
Cam 2
Cam 3
Cam 4
Cam 5
120
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3), 4 PM
Cam 2
Cam 3
Cam 4
Cam 5
121
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3), 5 PM
Cam 2
Cam 3
Cam 4
Cam 5
122
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3), 6 PM
Cam 2
Cam 3
Cam 4
Cam 5
123
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3), 7 PM
Cam 2
Cam 3
Cam 4
Cam 5
124
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3), 8 PM
Cam 2
Cam 3
Cam 4
Cam 5
125
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3), 9 PM
Cam 2
Cam 3
Cam 4
Cam 5
126
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3), 10 PM
Cam 2
Cam 3
Cam 4
Cam 5
127
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3), 11 PM
Cam 2
Cam 3
Cam 4
Cam 5
128
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3, 12 AM)
Cam 2
Cam 3
Cam 4
Cam 5
129
= Empty Space
= Empty ADA
= Occupied Space
= Photo Location
Friday (May 3, 1 AM)
Cam 2
Cam 3
Cam 4
Cam 5
130
Attachment B
Daily Sold Items Comparison
131
INTENTIONALLY BLANK PAGE132
Time
Hourly Items1
Purchased
(4/12/24)
Hourly Items1
Purchased
(2/23/24)
Transaction
Difference
5:00 PM 52 66 -14
6:00 PM 40 44 -4
7:00 PM 52 75 -23
8:00 PM 97 77 20
9:00 PM 189 159 30
10:00 PM 446 439 7
11:00 PM 557 392 165
12:00 AM 492 387 105
1:00 AM 115 45 70
Total 2,040 1,684 356
21%
1 The Applicant provided the number of items sold per hour which can be correlated with the observed
parking data. The parking demand onsite increases along with the number of hourly transactions.
Furthermore, based on the observed parking study day there were approximately 21% more hourly
purchases compared to the 2/23/24 Friday data.
Percent Increase of Transactions
Malarky's Irish Pub Transaction Comparison
Friday, April 12, 2024 vs. Friday, February 23, 2024
133
Time
Hourly Items1
Purchased
(4/13/24)
Hourly Items1
Purchased
(2/24/24)
Transaction
Difference
3:00 PM n/a n/a n/a
4:00 PM n/a n/a n/a
5:00 PM 65 44 21
6:00 PM 85 55 30
7:00 PM 58 57 1
8:00 PM 38 112 -74
9:00 PM 174 241 -67
10:00 PM 515 389 126
11:00 PM 525 549 -24
12:00 AM 514 434 80
1:00 AM 144 105 39
Total 2,118 1,986 132
7%
Malarky's Irish Pub Transaction Comparison
Saturday, April 13, 2024 vs. Saturday, February 24, 2024
Percent Increase of Transactions
1 The Applicant provided the number of items sold per hour which can be correlated with the observed
parking data. The parking demand onsite increases along with the number of hourly transactions.
Furthermore, based on the observed parking study day there were approximately 7% more hourly
purchases compared to the 2/24/24 Saturday data.
134
Attachment No. PC 4
Project Plans
135
INTENTIONALLY BLANK PAGE136
MALARKY'S IRISH PUB
Outdoor Patio Addition
3011 Newport Blvd, Newport Beach, CA 92663
ENTITLEMENT PACKAGE
DRAWING DIRECTORY
VICINITY MAP
PROJECT INFORMATION
PROJECT TEAM
PROJECT ADDRESS BUILDING OWNER
T0.1 TITLE SHEET - PROJECT INFO
ARCHITECTURAL DRAWINGS
SHEET TITLEDWG.NUMBER REV #DATE OFISSUE REVISIONDATE
3011 NEWPORT BLVD
NEWPORT BEACH, CA 92663
OCCUPANCY TABULATIONS PARKING TABULATIONS
06.21.23 04.26.24 2
ARCHITECT
3011 NEWPORT BLVD.
NEWPORT BEACH, CA 92663
CAGNEY ENTERPRISES, LLC
c/o CE PROPERTY MANAGEMENT SVPO BOX 549CARDIFF, CA 92007PHONE: 949.675.2340CONTACT: MR. MARIO MAROVIC
ROBINSON HILL ARCHITECTURE, INC.
3195-B AIRPORT LOOP DRIVECOSTA MESA, CALIFORNIA 92626PHONE: 714.825.8888CONTACT: MR. ALEX ARIE
EXISTING RESTAURANT TO REMAIN. NEWCOVERED PATIO EXPANSION W/ PLASTER LOW
WALLS AND WINDSCREEN, NEW 759 SFINTERIOR SPACE REMODEL TO BE PART OF THEPATIO EXPANSION, AND A RECONFIGUREDPARKING STALLS, TO A TOTAL OF 46 STALLSPLUS A BIKE RACK.
PROJECT SCOPE
GENERAL PLAN DESIGNATION:
OCCUPANCY:
CONSTRUCTION
NO OF STORIES
NC (NEIGHBORHOOD COMMERCIAL )
A-2
VB
PROJECT INFORMATION
GOVERNING CODES
CAL. BUILDING CODECAL. MECHANICAL CODECAL. PLUMBING CODECAL. ELECTRICAL CODETITLE 24 ENERGY STANDARDS
CAL GREEN BUILDING CODECAL. FIRE CODE
CAL. EXISTING BUILDING CODE
2022 EDITION (2021 IBC)2022 EDITION (2021 UMC)
2022 EDITION (2021 CPC)2022 EDITION (2020 NEC)
2022 EDITION2022 EDITION (CGBC)
2022 EDITION2022 EDITION (IFC 2021)
1
HOURS OF OPERATION 7:00 AM - 2:00 AM
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
Project Type
3011 NEWPORT BLVDNEWPORT BEACH, CA 92663MALARKY'S IRISH PUB22RHA1081ENTITLEMENT PACKAGE03.29.23
Entitlement Submittal 01.17.24
Entitlement Re-submittal 03.27.24
Entitlement Re-submittal 04.26.24
EXISTING PHOTOGRAPH CONDITIONS
ST1.0 EXISTING SITE AND FLOOR PLAN
EXISTING TEMP. COVID SITE PLAN
A1.0 OCCUPANCY PLAN & NET PUBLIC AREA
A2.0 EXISTING BUILDING ELEVATIONS --
ST1.1
A2.1 PROPOSED BUILDING ELEVATIONS
06.21.23
06.21.23
06.21.23
06.21.23
06.21.23
T1.0PROJECT INFORMATION& INDEXSPRINKLERED:NOT SPRINKLERED ( SPRINKLED UNDER FUTURET.I)
COASTAL ZONING DISTRICT:CN (COMMERCIAL NEIGHBORHOOD)
FRONT, SIDES AND REAR SETBACKS ZERO
APN:047-060-01 & 047-060-06
LEGAL DESCRIPTION:THAT PORTION OF THE SOUTH HALF OF SECTION28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SBB&,IN THE NEWPORT BEACH
APN:047-060-10
LEGAL DESCRIPTION:THAT PORTION OF SECTION 28, TOWNSHIP 6SOUTH, RANGE 10 WEST, SAN BERNARDINO
PROPOSED SITE AND FLOOR PLANST1.2 06.21.23
HEIGHT LIMITHEIGHT LIMIT: BASE 26'-0" FLAT/31-FOOT SLOPEDEXISTING BUILDING : 26'-0" (NO CHANGE)
PROPOSED COVER DINING PATIO: 12'-2"
EXISTING DISCRETIONARY APPROVALUSE PERMIT NO. 1792 (AMENDED)
LOT AREA AND FLOOR AREA RATIOADDRESS APN (E) LOT AREA
3001 NEWPORT BLVD. 047-060-10 8,505
3009 NEWPORT BLVD. 047-060-06 3,4233011 NEWPORT BLVD. 047-060-01 10,796
NET PUBLIC AREAALLOWED INTERIOR : 1,150 SF
PROPOSED INTERIOR: 1,530 SF
PROPOSED OUTDOOR
DINING PATIO: 1,200 SF
LANDSCAPED AREAEXISTING : APPROX. = 1,829 SF
PROPOSED: APPROX. =359 SFTOTAL LANDSCAPE = 2,188 SF
SETBACKS:30TH STREET: 5 FEETALL OTHERS: ZERO
EXISTING BUILDING FLOOR AREA: 5,032 SF
PROPOSED BUILDING FLOOR AREA: 4,850 SF
FLOOR AREA OF PROPOSEDCOVERED OUTDOOR DINING PATIO: 1,347 SF
AREA OCC. TYPE LOAD NET S.F. OCC. LOAD
DINING A-2BAR 1 / SERVICE 1/200 325 S.F. 2BAR 1 SEATS 1/7 161 S.F. 23
BAR 2 / SERVICE 1/200 76 S.F. 1SERVICE AREA 1/200 35 S.F. 1SERVERS (STAFF) 3LOOSE TABLES (DINING A,B,C,D&E)1/15 540 S.F. 37STANDING AREA (A,B&C) 1/5 524 S.F. 105FIXED BOOTH 24" LN 1,136" 48DINING TOTAL 220
BOH KITCHEN A-2 1/200 665 S.F. 3
OFFICES B 1/150 132 S.F. 1
STORAGE S-2REFRIGERATORS 1/300 252 S.F.2
FREEZER 1/300 136 S.F.1STORAGE (1-3)1/300 270 S.F.3ELECTRICAL1/300 85 S.F. 1BOH TOTAL 11
PROPOSED PATIO A-2BAR 2 SEATS 1/7 31 S.F. 4
LOOSE TABLES (DINING A,B,C,D,&E)1/15 368 S.F. 24STANDING AREA (A&B) 1/5 310 S.F. 49FIXED BOOTH 24" LN 1,836" 78SERVERS (STAFF) 3
PATIO TOTAL 160
TOTAL OCCUPANTS 391
PROPOSED PARKING STALLS
INDOOR NPA - 1,530 SFPROPOSED OUTDOOR NPA - 1,200 SF
25% OF INTERIOR = 1,530 X .25 = 382.5 SF
INTERIOR NPA 1,530 SF + PROPOSED OUTDOOR NPA1,200 SF = 2,730 SF
TOTAL NPA 2,730 SF
25% OF INTERIOR NPA - 382.5 SFNPA USED TO CALC. PARKING 2,347.5 SF
REQ. PARKING 1 SPACE / 50 NPA2,347.5/50 = 46.95 OR 47 TOTAL REQUIRED PARKING STALLS
EXISTING PARKING STALLS
REQUIRED @ 1/40: 1,150 (exist. npa) / 40 =29 STALLS
PROVIDED: 51 STALLS
(Per 1997 Permit Amendment)
(Refer to sheet A1.0 for prop. NPA Plan)
1
--
03.27.24 1
1
1
ALLOWABLE AREA DETERMINATION- PER TABLE 506.2
OCC. TYPE OF CONSTRUCTION ALLOWABLE AREA PROVIDED
A-2 S1 TYPE VB 24,000 SF 6,197 SF
AREA OCC. TYPE LOAD NET S.F. OCC. LOAD
DINING A-2 1/30 1,560 S.F. 52
KITCHEN A-2 1/50 1,138 S.F. 23OFFICE B 1/150 132 S.F. 1STORAGE S-2 1/500 354 S.F. 1PATIO A-2 1/30 1,203 S.F. 40
TOTALOCCUPANTS 117 OCCUPANTS
117 OCCUPANTS / 2 = 59 MEN & 59 WOMEN
WOMENS MENS
W.C. REQ.'D. 3 2W.C. PROV'D. 3 1
LAV. REQ'D. 1 1
LAV. PROV'D. 3 2
URINAL REQ'D. 1URINAL PROV'D. 4
PLUMBING FIXTURE CALC.
1
03.27.24 1
1 RESUBMITTAL 03.27.24
DEFERRED
SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE
SUBMITTED TO THE ARCHITECT OR ENGINEER OF RECORD WHO SHALLREVIEW THEM AND FORWARD THEM TO THE BUILDING OFFICIAL WITH A
NOTATION INDICATING THAT THE DEFERRED SUBMITTAL DOCUMENTS HAVEBEEN REVIEWED AND THAT THEY HAVE BEEN FOUND TO BE IN GENERALCONFORMANCE WITH THE DESIGN OF THE BUILDING. THE DEFERREDSUBMITTAL ITEMS SHALL NOT BE INSTALLED UNTIL THEIR DESIGN ANDSUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDINGOFFICIAL.
NOTE: THIS DEFERRED SUBMITTAL WILL BE PART OF THE FUTURE T.I
1. FIRE ALARM2. FIRE SPRINKLER SYSTEM
2
ALLOWABLE BUILDING HEIGHT- PER TABLE 504.3
OCC. TYPE OF CONSTRUCTION ALLOWABLE HEIGHT PROVIDED
A-2 S1 TYPE VB 40' 26'
2 RESUBMITTAL 04.26.24
04.26.24 2
04.26.24 2
2
137
K-4915BARDONC_URINALSVITREOUS CHINA
K-4915BARDONC_URINALSVITREOUS CHINA K-4915BARDONC_URINALSVITREOUS CHINA
A / V
WH
STOPN52°46'30"E 44.50'N47°13'30"W 95.00'N37°13'30"W 37.50'N52°46'30"E 14.00'
N52°46'30"E 131.05'R=2844.83'L=108.58'= 02°11'13"T=54.30'N37°13'30"W 57.50'N47°13'30"W 95.00'S52°46'30"W 75.00'R=2844.83'L=106.43'= 02°08'37"T=53.22'45°
OFFICE 4LAUNDRYGLASSSTOR.
OFFICE
(E)FOOD STOR.(E)FREEZER
(E)REFRIGERATED PANTRY
(E)REFRIGERATOR
(E)KITCHEN
COFFEE/TEASTOR.(E)OFFICE 3 (E)LIQUORSTOR.LINEN
MERCH.STOR.
(E)ELEC. ROOM
HALLWAY
(E)WOMENS RR
(E)MENS RR
(E)BAR
(E)DINING
[E] 116'-8"[E] 36'-10"[E] 13'-8"
[E] 83'-3"[E] 52'-2"[E] 46'-6"[E] 20'-0"EASEMENT[E] 30'-0"EASEMENT[E] 10'-0"EASEMENT[E] 16'-0"[E] 11'-6"12'-1"13'-7 1/4"14'-8 3/4"9'-3"16'-1"
70'-6 1/4"9'-0 1/2"4'-5 1/4"21'-9 1/2"4'-5 1/4"16'-6 1/2"4'-8 3/4"5'-10 1/4"18'-0"
13'-10 3/4"19'-9"12'-4"
4'-10 3/4"
36'-10"8'-0 1/2"13'-0 3/4"10'-6 1/2"20'-10 3/4"16'-5"46'-6"EASEMENT
EASEMENT
(E)SERVICE
4'-0"5'-6"5'-6"12'-4"
ST1.0EXISTING SITE & FLOOR PLAN01
02
03
(E) PARKING STALL & WHEEL STOP TO REMAIN; RE-PAINT AS NEEDED
04
(E) ACCESSIBLE PARKING STALL TO BE RELOCATED
05
06
07
08
KEYNOTES
EXISTING SITE AND FLOOR PLAN SCALE: 1/8" =1'-0"01
LEGEND
EXISTING TO REMAIN
PARKING STRIPES, AISLES & SIGNAGE TO BE DEMOLISHED
09
10
11
12
13
14
15
(E) PARKING STALL & WHEEL STOP TO BE REMOVED
(E) COVERED AND ENCLOSED TRASH ENCLOSURE WITH GATE
(E) STRIPING TO REMAIN
(E) LIGHT POST AND LIGHT FIXTURE TO REMAIN
(E) RAISED 6" CONCRETE CURB TO REMAIN
(E) ACCESSIBLE SIGN TO BE RELOCATED
(E) STOP SIGN TO REMAIN
(E) UNAUTHORIZED VEHICLES SIGN TO BE RELOCATED
(E) GREASE INTERCEPTOR TO REMAIN
NORTH
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
Project Type
3011 NEWPORT BLVDNEWPORT BEACH, CA 92663MALARKY'S IRISH PUB22RHA1081ENTITLEMENT PACKAGE03.29.23
Entitlement Submittal 01.17.24
Entitlement Re-submittal 03.27.24
Entitlement Re-submittal 04.26.24
(E) LANDSCAPE TO REMAIN
(E) LOW WALL TO REMAIN
(E) ROOF LADDER TO REMAIN
(E) BOLLARDS TO REMAIN
[E] 8'-6"[E] 8'-6"[E] 8'-6"[E] 8'-6"[E] 8'-6"[E] 8'-6"[E] 8'-6"[E] 8'-6"
[E] 15'-3"[E] 17'-6"19'-0 3/
4
"
[E]
8
'
-
6
"
[E] 8'-6"[E] 8'-6"
[E] 8'-6"[E] 8'-6"
[E] 8'-6"
16 (E) CONCRETE CURB TO BE DEMOLISHED WHERE NOTED & SHOWN HATCHED
17 (E) TRUNCATED DOMES TO BE DEMOLISHED
18 (E) BIKE RACK TO BE RELOCATED
19 (E) ACCESS AISLE TO BE REMOVED
20 (E) ADA SIGN TO BE REMOVED
[E] 25'-5"APN 047-060-10
APN 047-060-06 APN 047-060-01
PL PL
PLPLPLPL
PLPL PLPLPL NEWPORT BLVD.CONCRETE CURB & LANDSCAPE TO BE DEMOLISHED
21 (E) STORM DRAIN GRATE TO REMAIN.
22 (E) WATER POC TO REMAIN.
30th STREET [N] 17'-0"PARKING CALCULATIONS
EXISTING PARKING STALLS
REQUIRED @ 1/40: 1,150 (exist. npa) / 40 =29 STALLS
CURRENTREQUIRED: 29 STALLS
PROVIDED: 50 STALLS
23 (E) EXTERIOR WALL TO BE DEMOLISHED.
24
PROPERTY LINEPL
1234567891011
12
13
14
15
16
17
18
19
20
21
22
23
24 25 26
27
28
29
30
32 33 34 35 36 37
31
(Per 1997 Permit Amendment)
38 39 40 41 42 43 44 45 46 47 48 49 50
25 (E) INTERIOR DOOR TO BE DEMOLISHED.
26 (E) INTERIOR WALL TO BE DEMOLISHED.
27 (E) EXTERIOR BENCH TO REMAIN.
(E) EASEMENT
(E)TRASHENCLOSURE
EXISTING TO REMAIN, NOT IN SCOPE
28 (E) SHED STORAGE TO BE DEMOLISHED.
(E)STORAGESHED
EXISTING LANDSCAPE AREA
29 (E) PLUMBING FIXTURE TO BE DEMOLISHED.
30 (E) PHOTO BOOTH TO BE RELOCATED.
31 (E) OFFICE TO BECOME PRIVATE DINING.
[N] 17'-0" TYP.
32 (E) STRIPPING TO BE MODIFIED TO MEET THE NEW LENGTH REQUIREMENT.
33 (E) STALL WIDTH TO BE MODIFIED, REFER TO PROPOSED SITE PLAN FOR MORE INFO.
TYP.
TYP.
1
(E) ADJACENT TENANTS TRASHENCLOSURE
34 (E) BOLLARDS TO DEMOLISHED.
35 (E) ELECTRICAL PANEL TO BE RELOCATED
1
1
1
1 RESUBMITTAL 03.27.24
03A2.0
02A2.0
01A2.0
138
A / V
WH
K-4915BARDONC_URINALSVITREOUS CHINA
K-4915BARDONC_URINALSVITREOUS CHINA K-4915BARDONC_URINALSVITREOUS CHINA
STOPN52°46'30"E 44.50'N47°13'30"W 95.00'N37°13'30"W 37.50'N52°46'30"E 14.00'
N52°46'30"E 131.05'R=2844.83'L=108.58'= 02°11'13"T=54.30'N37°13'30"W 57.50'N47°13'30"W 95.00'S52°46'30"W 75.00'R=2844.83'L=106.43'= 02°08'37"T=53.22'(E)OFFICE 4(E)LAUNDRYDEMO
(E)GLASSSTOR.DEMO
(E)OFFICE
(E)FOOD STOR.(E)FREEZER
(E)REFRIGERATEDPANTRY
(E)REFRIGERATOR
(E)KITCHEN
COFFEE/TEASTOR.(E)OFFICE 3 (E)LIQUORSTOR.(E)LINEN
(E)MERCH.STOR.
(E)ELEC. ROOM
HALLWAY
(E)WOMENS RR
(E)MENS RR
(E)BAR
(E)DINING
ST1.1EXISTING TEMP. COVID SITEPLAN01
02
03
PARKING STALL & WHEEL STOP TO REMAIN.
04
ACCESSIBLE PARKING STALL TO BE REMAIN.
05
06
07
08
KEYNOTES
EXISTING TEMP. COVID SITE PLAN SCALE: 1/8" =1'-0"01
LEGEND
EXISTING TO REMAIN
09
NORTH
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
Project Type
3011 NEWPORT BLVDNEWPORT BEACH, CA 92663MALARKY'S IRISH PUB22RHA1081ENTITLEMENT PACKAGE03.29.23
Entitlement Submittal 01.17.24
Entitlement Re-submittal 03.27.24
Entitlement Re-submittal 04.26.24
APN 047-060-10
APN 047-060-06 APN 047-060-01
PL PL
PLPLPLPL
PLPL PLPLPL NEWPORT BLVD.30th STREET
PARKING CALCULATIONS
EXISTING PARKING STALLS
REQUIRED @ 1/40: 1,150 (exist. npa) / 40 =29 STALLS
PROVIDED: 51 STALLS
PROPERTY LINEPL
234567891011
12
13
14
15
16
17
18
19
20
21
22
23
24 25 26
27
28
29
(Per 1997 Permit Amendment)
30 31 32 33 34 35 36 37 38 39 40 41 42
(E)TRASHENCLOSURE
EXISTING TEMP. COVID PARKING STALLS
PROVIDED: 42 STALLS
(E)STORAGESHED
SHED TO BE DEMOLISHED.
EXISTING TO REMAIN, NOT IN SCOPE
1
TEMP. ACCESSIBLE PARKING STALL.
TEMP. COVID PATIO TENT/SHADE.
TEMP. ARTIFICIAL TURF
TEMP. TRASH BIN
TEMP. PICNIC BENCH
TYP.
TEMP. BARRICADE
TYP.
(E) EASEMENT
(E) EASEMENT
(E) ADJACENT TENANTS TRASHENCLOSURE
139
A / V
WH
K-4915BARDONC_URINALSVITREOUS CHINA K-4915BARDONC_URINALSVITREOUS CHINA K-4915BARDONC_URINALSVITREOUS CHINAK-4915BARDONC_URINALSVITREOUS CHINA
STOPDO NOT ENTER
45°
[N] 9'-0"[N] 21'-0 1/2"[N] 46'-2"[N] 18'-0"(E)FOOD STOR.(E)FREEZER
(E)REFRIGERATEDPANTRY
(E)REFRIGERATOR
(E)KITCHEN
COFFEE/TEASTOR.(E)OFFICE 3
(N)LIQUORSTOR.
(N)MEN'SRR
(E)ELEC. ROOM
(E)BAR
(E)DINING
(E)WOMENS RR
EASEMENT
EASEMENT
[N] 6'-0"
PHOTOBOOTH
EASEMENT
9'-10" TYP.
[N] 8'-6
"
[N] 8'-6
"
[N] 8'-6
"
[N] 8'-
6
"
[N] 8'-
6
"
[N] 8'-
6
"
[N] 8'-
6
"
[N] 8'-
6
"
[N] 8'-6
"
[N] 8'-
6
"
[N] 8'-
6
"
[N] 9'-1
0
1
/
2
"
2'-6"
6"
7 3/8"STOP2'-0"TYP.18'-0"[N] 20'-11 1/4" PLANTER
2'-0"TYP.42'-0"[N] 86'-3 3/8" PLANTER
2'-0"TYP.6'-11 1/2"2'-0"TYP.EQ.EQ.2'-0"TYP.19'-7 7/8" PLANTER4'-6"
17'-1"19'-10 1/2"24'-8 1/2"ST1.2PROPOSED SITE & FLOOR PLAN01 NEW PAINTED PARKING STRIPES & WHEEL STOPS WHERE NOTED.
KEYNOTES
PROPOSED SITE AND FLOOR PLAN SCALE: 1/8" =1'-0"01
LEGEND
EXISTING TO REMAIN
PARKING TABULATION
NORTH
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
Project Type
3011 NEWPORT BLVDNEWPORT BEACH, CA 92663MALARKY'S IRISH PUB22RHA1081ENTITLEMENT PACKAGE03.29.23
Entitlement Submittal 01.17.24
Entitlement Re-submittal 03.27.24
Entitlement Re-submittal 04.26.24
[N] 8'-6"[N] 8'-6"[N] 8'-6"[N] 8'-6"[N] 8'-6"[N] 8'-6"[N] 8'-6"[N] 8'-6"[N] 8'-6"
[E] 15'-3"
19'-0 3/
4
"
[E]
8
'
-
6
"
[E] 8'-6"[E] 8'-6"
[E] 8'-6"[E] 8'-6"[E] 8'-6"
[N] 8'-6"[E] 25'-5"NEWPORT BLVD.NEW CONCRETE CURB & LANDSCAPE
30th STREET [N] 18'-0"[N] 9'-0"[N] 9'-0"
[N] 5'-0"[N] 19'-7 1/4"02 NEW ADA PARKING SPACE W/ INTERNATIONAL SIGN OF ACCESSIBILITY.
03 NEW VAN ADA PARKING SPACE W/ INTERNATIONAL SIGN OF ACCESSIBILITY.
04 NEW POLE MOUNTED VAN ADA PARKING SIGN.
05 NEW STRIPED ACCESS AISLE.
06 NEW TRUNCATED DOMES W/ CONTRASTING COLOR.
07 NEW 6" H CONCRETE CURB.
08 NEW LANDSCAPE AREA.
09 NEW COVERED PATIO.
10 RE-PAINT PARKING STRIPES, AS NEEDED. VERIFY IN-FIELD.
11 RELOCATED ADA PARKING SIGN.
ACCESSIBLE PEDESTRIAN ACCESS FROM STREET
ACCESSIBLE ACCESS FROM PARKING SPACES
[N] 15'-0"
[E] 18'-0"10'-9 14" TYP.12 RELOCATED UNAUTHORIZED VEHICLES SIGN.
13 NEW PATIO GATE.[N] 22'-0"60
°
PL PL
PLPLPL PLPLPL
18'-8 1/2"[N] 18'-0"3'-0"
36" MIN. EGRESS PATH OF TRAVEL
INTERNALLY ILLUMINATED EXIT SIGN W/ 90 MIN. BATTERY BACK-UP
PROPERTY LINEPL
(N)PATIO
123456879101112
13
14
15
16
17
18
19
20
21
22
23
24
25
26 27 28
29
30
31
30
32
33 34 35 36 37 38 39 40 41 42 43 44 45
[E] 4'-
0
"
[E] 6'
-
0
"
46
TYP.
14 NEW PARKING STALL
15 RELOCATED BIKE RACK
16 NEW SLIDING DOOR
17 NEW BUILT IN BOOTHS
TYP.TYP.
18 NEW LOOSE TABLE AND CHAIRS
19 NEW BAR MILLWORK AND COUNTERTOP
20 NEW PLUMBING FIXTURE
21 NEW INTERIOR WALL
22 NEW PLANTER BOX
23
NEW GLAZING PARTITION OVER LOW WALL
(E)TRASHENCLOSURE
EXISTING TO REMAIN, NOT IN SCOPE
(N)BAR
EXISTING LANDSCAPE AREA
24
NEW DOOR
PROPOSED PARKING STALLS
EXISTING PARKING STALLS
REQUIRED @ 1/40: 1,150 (exist. npa) / 40 =29 STALLS
PROVIDED: 51 STALLS
(Per 1997 Permit Amendment)
(Refer to sheet A1.0 for prop. NPA Plan)
(N)PRIVATE DINING
(E)SERVICETYP.
NEW OPERABLE WINDOW25
TYP.TYP.
TYP.
TYP.
PL PL
[N] 15'-0" TYP.
[N
] 17'-0" TYP
.
[N] 17'-0"
NEW RE STRIPED STALL LENGTH. EXISTING WIDTH TO REMAIN26
[N] 17'-0"[N] 8'-6"[N] 8'-6"[N] 15'-0"
2'-0"OVERHANG
2'-0"OVERHANG2'-0"OVERHANG
[N] 14'-0"
ACCESSIBLE PARKING SPACES
TOTAL NUMBER OFPARKING SPACE PROVIDEDIN PARKING FACILITY
46 STALLS
MIN. NUMBER OF REQ.ACCESS. PARKINGSPACES
2
PROVIDED
1 ACCESS.1 VAN
[N] 8'-0"[N] 26'-0"[N] 4'-6"[N] 30'-5 3/8"
30'-4 3/8"1'-7 1/8"[N] 26'-0"[N] 1'-6"NEW CONCRETE WHEEL STOP27
2'-6"[N] 19'-0"[N] 18'-0"(E) ADJACENT TENANTS TRASHENCLOSURE
EXISTING STALL TO REMAIN28
[N] 10'-1 3/8"
1
1
INDOOR NPA -1,530 SFPROPOSED OUTDOOR NPA - 1,200 SF
25% OF INTERIOR = 1,530 X .25 = 382.5 SF
INTERIOR NPA 1,530 SF + PROPOSED OUTDOOR NPA1,200 SF =2,730 SF
TOTAL NPA 2,730 SF25% OF INTERIOR NPA - 382.5 SFNPA USED TO CALC. PARKING 2,347.5 SF
REQ. PARKING 1 SPACE / 50 NPA
2,347.5/50 = 46.95 OR 47 TOTAL REQUIRED PARKING STALLS
TYP.
PROPOSED LANDSCAPE
SHRUB: GREEN VELVET BOXWOODSIZE: 1 GALLON
NEW LANDSCAPE TURF AREA
NEW TURF LANDSCAPEAREA 359 SF
LEGEND
SCALE: 1/8" =1'-0"02
EXISTING LANDSCAPEAREA TO REMAIN
EXISTING TIGER TURFTO REMAIN
EXISTING PLANTINGTO REMAIN
1
1
(E)TRASHENCLOSURE
02a
SITE LANDSCAPED AREAEXISTING : APPROX. = 1,829 SFPROPOSED: APPROX. =359 SF
TOTAL LANDSCAPE = 2,188 SF
1 RESUBMITTAL 03.27.24
NEW SHRUB. REFER TOLEGEND FOR MOREINFO.
NEW SHRUB. REFER TOLEGEND FOR MOREINFO.
NEW PROPERTY LINE ALONG THE BUILDING LINE.29
2
1
NEW PAVEMENT MARKINGS302
2
2
NEW DO NOT ENTER SIGN31
A MOD WILL BE PROVIDED AND JUSTIFIED BY A LOT TIE FOR EXTERIOR PATIO WALL ANDOPENINGS32
NOTE:
1. DURING PLAN CHECK A MOD WILL BE PROVIDED AND JUSTIFIED BYA LOT TIE FOR EXTERIOR WALLS AND OPENINGS. THE PROPERTYLINE IS RIGHT AGAINST THE PATIO WALL.2. 5% FOR EACH TYPE OF SEATING WILL BE PROVIDED FOR INDOORAND OUTDOOR.
TYP.TYP.
2 2
2
2 RESUBMITTAL 04.26.24
140
A / V
WH
K-4915BARDONC_URINALSVITREOUS CHINA K-4915BARDONC_URINALSVITREOUS CHINA K-4915BARDONC_URINALSVITREOUS CHINAK-4915BARDONC_URINALSVITREOUS CHINA
3'-0"3'-0"24'-2 1/4"9'-11 1/4"43'-6 1/8"68'-6 1/8" X 1/3" =
2
2
'
-
7
"
MIN. DISTANCE
B
E
T
W
E
E
N
E
G
R
E
S
S
D
O
O
R
S
TABLE DINING (AREA D)119.2 SF @ 1/158 OCC.
TABLE DINING (AREA A)23.12 SF @ 1/152 OCC.
TABLE DINING (AREA B)186 SF @ 1/1512 OCC.
TABLE DINING (AREA C)
23.21 SF @ 1/152 OCC.
BAR STANDING (AREA A)136.89 SF @ 1/527 OCC.
BAR STANDING (AREA B)
318.5 SF @ 1/5
64 OCC.
PATIO DINING (AREA A)47 SF @ 1/153 OCC.
PATIO STANDING (AREA A)224 SF @ 1/545 OCC.
PATIO STANDING (AREA B)44 SF @ 1/59 OCC.
PATIO DINING
(AREA B)64 SF @ 1/154 OCC.
PATIO DINING(AREA C)
46 SF @ 1/15
3 OCC.
3'-0"3'-0"
43'-11 1/2"62'-10" X 1/3" = 20'-8"MIN. DISTANCE BETWEEN EGRESS DOORS
TABLE DINING (AREA E)
189 SF @ 1/15
13 OCC.3'-8"9'-0 1/8"4'-6"4'-8 3/4"7'-6 5/8"4'-0"
MIMMMM
PATIO DINING(AREA D)76.3 SF @ 1/155 OCC.
PATIO DINING(AREA E)
131 SF @ 1/15
9 OCC.
4'-10 5/8"10'-5"7'-6 1/2"17'-0 1/2"5'-5 3/4"5'-0"4'-3 1/4"5'-0"5'-4"
5'-4"5'-1 1/4"2'-10 3/4"BAR STANDING (AREA C)68.1 SF @ 1/514 OCC.
A / V
WH
K-49 15BA RD O NC_ UR I N AL SVITR EO US CHIN A K-49 15BA RD O NC_ UR I N AL SVITR EO US CHIN A K-49 15BA RD O NC_ UR I N AL SVITR EO US CHIN AK-49 15BA RD O NC_ UR I N AL SVITR EO US CHIN A
16'-8"10'-5 3/4"1'-10 3/4"6'-6 3/4"12'-7 7/8"2'-11 7/8"
14'-9 1/4"14'-11 5/8"17'-0 7/8"20'-0 1/2"
20'-0 1/2"16'-5 7/8"16'-6 1/2"9'-11 1/4"3'-7 1/2"10'-9"11'-5 1/4"5'-1"2'-0"
3'-5 3/4"6'-5"4'-5 1/4"
2'-0"
38'-11 7/8"5'-1"5'-0"9'-11 1/4"16'-6"9'-5 1/4"
15'-11"6"6'-0"6"11'-1 1/8"16'-6"7'-0"7'-9"5'-0"4"5'-0"
32'-11 1/4"
26'-3 3/4"
1'-4 1/2
"12'-2 5/8"4'-2 3/8"4'-2 1/8"31'-5"38'-1"
7'-8
"12'-2 1/4"3'-10 3/4"
1'-2 1/
2
"5'-10"3'-
5
3
/
4
"
1'-6 5/8
"5'-1 3/8"28'-9 1/8"1'-2"20'-0"14'-4"20'-0"A1.0
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
Project Type
3011 NEWPORT BLVDNEWPORT BEACH, CA 92663MALARKY'S IRISH PUB22RHA1081ENTITLEMENT PACKAGE03.29.23
Entitlement Submittal 01.17.24
Entitlement Re-submittal 03.27.24
Entitlement Re-submittal 04.26.24
OCCUPANCY / EGRESS PLAN SCALE: 1/4" =1'-0"01
LOOSE TABLE AND CHAIR AREA.1/15 OCC. LOAD FACTOR
STANDING AREA
1/5 OCC. LOAD FACTOR
36" MIN. EGRESS PATH, U.N.O.EXCLUDED FROM OCC. CALCULATIONS PER CBC SEC. 11B
BAR SEATING AREA (LOOSE CHAIR)
1/7 OCC. LOAD FACTOR
LEGEND
NET PUBLIC AREA
6T 6T
6T 6T 6T 6T
16T
FIXED BOOTHOCC. LOAD FACTOR PER 24 LN"
4TBOOTH
(E)FOODSTORAGE 1
164.38 S.F @ 13001 OCCUPANT
(E)FREEZER
136.24 S.F @ 13001 OCCUPANT
(E)REFRIGERATOR 1
106.21 S.F @ 13001 OCCUPANT
(E)REFRIGERATOR 2
145.42 S.F @ 13001 OCCUPANT
(N)PRIVATE DINING
- T
(E)OFFICE 2
132 S.F @ 11501 OCCUPANT
(N)STORAGE 3
79 S.F @ 13001 OCCUPANT
(E)ELECTRICAL
85 S.F @ 13001 OCCUPANT
(E)STORAGE 2
26.3 S.F @ 13001 OCCUPANT
(E)KITCHEN
665.38 S.F @ 1/2003 OCCUPANTS
(E)WOMENS
133 S.F
(N)PATIO
(N)BAR 2
76 S.F @ 12001 OCCUPANT
BAR 2 SEATS
31 S.F @ 174 OCCUPANTS
(E)BAR 1290 S.F @ 12002 OCCUPANTS
(E) BAR 1 SEATS
160.86 S.F @ 1723 OCCUPANTS
OCCUPANCY LOAD ANALYSIS
NOTES
AREA OCC. LOAD RATIO REQ'D. CAPACITY PROV'D. CAPACITY
DINING (50%) 110
BOH 11
DINING (50%) 110PATIO 160
NOTE: REFER TO OCC. LOAD ANALYSIS FOR ROOM AREA BREAKDOWN.
11 OCCUPANTS2.2" EXIT CAPACITY REQ'D36" PROVIDED
110 OCCUPANTS22" EXIT CAPACITY REQ'D64" PROVIDED
120 OCCUPANTS29" EXIT CAPACITY REQ'D36" PROVIDED
110 OCCUPANTS22" EXIT CAPACITY REQ'D36" PROVIDED
AREA OCC. TYPE LOAD NET S.F. OCC. LOAD
DINING A-2 1/30 1,560 S.F. 52
KITCHEN A-2 1/50 1,138 S.F. 23OFFICE B 1/150 132 S.F. 1STORAGE S-2 1/500 354 S.F. 1PATIO A-2 1/30 1,203 S.F. 40
TOTALOCCUPANTS 117 OCCUPANTS
117 OCCUPANTS / 2 = 59 MEN & 59 WOMEN
WOMENS MENS
W.C. REQ.'D. 3 2W.C. PROV'D. 3 1
LAV. REQ'D. 1 1LAV. PROV'D. 3 2
URINAL REQ'D. 1URINAL PROV'D. 4
EXIT CAPACITY
PLUMBING FIXTURE CALCULATIONS
0.2" 22" 64"
0.2" 2.2" 36"
0.2" 54" 72"
01 EGRESS PATH OF TRAVEL 36" MIN. WIDE THROUGHOUT SHOWN DASHED.
02 EXIT DOOR W/ PANIC HARDWARE & SIGN DISPLAYING INTERNATIONAL SYMBOL OFACCESSIBILITY PER CBC 11B-703.1
03 SIGN ABOVE DOOR READING "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS"
04 OCCUPANT LOAD SIGN PER CBC 1004.9
INTERNALLY ILLUMINATED EXIT SIGN W/ 90 MIN. BATTERYBACKUP
FIRE EXTINGUISHERFE
FE
FE
05 TACTILE EXIT SIGN PER CBC 1013.4
02 03
02 03
02 03
0203
04
04
05
OCCUPANCY / EGRESS PLANNET PUBLIC AREA PLAN
17'-0"67'-6"
1'-0"
0101
01
01
01
01
01
PATIO:1,200 SF
DINING A: 1,260 SF
DINING
21'-0 1/2"5'-10 1/2"6'-0"40'-5 1/2"7'-3 3/4"3'-8"6'-0 1/4"BOOTH
BOOTHBOOTH
BOOTH
BOOTHBOOTH
BOOTH BOOTH BOOTH BOOTH
BOOTH
71 LN 71 LN 71 LN 71 LN
7T 6T
71 LN 71 LN 71 LN 71 LN
379 LN
129 LN178 LN
198LN
60 LN 60 LN 60 LN 60 LN
5T
119 LN 479 LN 20T
45 LN 45 LN
150 OCCUPANTS29.2" EXIT CAPACITY REQ'D36" PROVIDED0203
AREA OCC. TYPE LOAD NET S.F. OCC. LOAD
INTERIOR DINING A-2BAR 1 / SERVICE 1/200 325 S.F. 2BAR 1 SEATS 1/7 161 S.F. 23
BAR 2 / SERVICE 1/200 76 S.F. 1SERVICE AREA 1/200 35 S.F. 1SERVERS (STAFF) 3
LOOSE TABLES (DINING A,B,C,D&E)1/15 540 S.F. 37STANDING AREA (A,B&C) 1/5 524 S.F. 105FIXED BOOTH 24" LN 1,136" 48DINING TOTAL 220
BOH KITCHEN A-2 1/200 665 S.F. 3
OFFICES B 1/150 132 S.F. 1
STORAGE S-2REFRIGERATORS 1/300 252 S.F. 2FREEZER 1/300 136 S.F. 1STORAGE (1-3) 1/300 270 S.F. 3ELECTRICAL1/300 85 S.F. 1
BOH TOTAL 11
PROPOSED PATIO A-2BAR 2 SEATS 1/7 31 S.F. 4
LOOSE TABLES (DINING A,B,C,D,&E)1/15 368 S.F. 24STANDING AREA (A&B) 1/5 310 S.F. 49FIXED BOOTH 24" LN 1,911" 80
SERVERS (STAFF) 3PATIO TOTAL 160
TOTAL OCCUPANTS 391
BACK OF HOUSE11 OCC.
DINING ROOM220 OCC.
PATIO DINING160 OCC.
BAR COUNTER
(N)
MEN'SRR
2'-0"5'-10 1/2"PHOTOBOOTH
(E)SERVICE
567 LN 24T BOOTH
35 S.F @ 12001 OCCUPANT
DINING B: 270 SF
8T
BOOTH
(E) OFFICE TO BECOMEPRIVATE DINING
1
1
AREA A AREA A
AREA B AREA B
AREA C
AREA C
AREA D AREA D
AREA E AREA E
AREA F
AREA F
270 SF
330.5 SF
276 SF
593.22 SF
439.62 SF
820.08 SF
NPA AREA CALC.
1
RESTAURANT AREAS: A, E, F = 1,530 SFPATIO AREA: B, C, D = 1,200 SF
N.T.SN.T.S
1
1
1
1
1
1
KEY NOTES
1. 5% ACCESSIBLE SEATING FOR EACH TYPE OF SEATING WILL COMPLY, PER 11B-902. FOROUTDOOR AND INDOOR.2. DURING PLAN CHECK A MOD WILL BE PROVIDED AND JUSTIFIED BY A LOT TIE FOREXTERIOR WALLS AND OPENINGS. THE PROPERTY LINE IS RIGHT AGAINST THE PATIOWALL
1
1 RESUBMITTAL 03.27.24
PL
PL
PL
PL
2
03
A2.1
02A2.1
01A2.1
2 RESUBMITTAL 04.26.24
141
3011
A2.0EXISTING EXTERIORELEVATIONSSCALE: 1/4" =1'-0"01EXISTING EAST ELEVATION
SCALE: 1/4" =1'-0"02EXISTING SOUTH ELEVATION
SCALE: 1/4" =1'-0"03EXISTING WEST ELEVATION
01 (E) DOOR TO REMAIN
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
Project Type
3011 NEWPORT BLVDNEWPORT BEACH, CA 92663MALARKY'S IRISH PUB22RHA1081ENTITLEMENT PACKAGE03.29.23
Entitlement Submittal 01.17.24
Entitlement Re-submittal 03.27.24
Entitlement Re-submittal 04.26.24
01
02 (E) GLAZING TO REMAIN
0202
02 02020202020202
03 (E) TOWER & SIGNAGE TO REMAIN
03
03
04 (E) ROOF SCREEN TO REMAIN
04
0404
03
04
05 (E) BROW TO REMAIN
05
05
06 (E) SIGNAGE TO REMAIN
0606
11
07 (E) DECORATIVE TRIM TO REMAIN
070707
07
07 07
07
07
07
07
07 07
08 (E) BUILDING ADDRESS TO REMAIN
08
09
09 (E) ELECTRICAL PANEL & BOLLARDS TO REMAIN
10 (E) DOOR TO BE DEMOLISHED.
10
+0'-0"FINISH GRADE
+16'-7"HIGH ROOF
+19'-1"EQUIPMENT SCREEN
+26'-0"TOWER ROOF
+0'-0"FINISH GRADE
+16'-7"HIGH ROOF
+19'-1"EQUIPMENT SCREEN
+26'-0"TOWER ROOF
+13'-10"LOW ROOF
+0'-0"FINISH GRADE
+16'-7"HIGH ROOF
+19'-1"EQUIPMENT SCREEN
+26'-0"TOWER ROOF
+13'-10"LOW ROOF
KEYNOTES
11 (E) EXTERIOR LIGHT TO REMAIN.
11 11
06 11 11
142
3011
EXISTING TO REMAIN
01 NEW WALL WITH WOOD SIDING FINISH
A2.1PROPOSED EXTERIORELEVATIONSSheet 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
Project Type
3011 NEWPORT BLVDNEWPORT BEACH, CA 92663MALARKY'S IRISH PUB22RHA1081ENTITLEMENT PACKAGE03.29.23
Entitlement Submittal 01.17.24
Entitlement Re-submittal 03.27.24
Entitlement Re-submittal 04.26.24
SCALE: 1/4" =1'-0"01PROPOSED EAST ELEVATION
SCALE: 1/4" =1'-0"02PROPOSED SOUTH ELEVATION
SCALE: 1/4" =1'-0"03EXISTING WEST ELEVATION
+0'-0"[E] FINISH GRADE
+16'-7"[E] HIGH ROOF
+19'-1"[E] EQUIPMENT SCREEN
+26'-0"[E] TOWER ROOF
+0'-0"[E] FINISH GRADE
+16'-7"[E] HIGH ROOF
+13'-10"[E] LOW ROOF
+0'-0"[E] FINISH GRADE
KEYNOTES
+4'-6"[N] PATIO WALL
+7'-0"[N] WINDSCREEN
+4'-6"[N] PATIO WALL
+7'-0"[N] WINDSCREEN
+4'-0"[N] PATIO WALL
+7'-0"[N] WINDSCREEN
02 NEW METAL ROOF AWNING.
02
02
02
03 NEW PATIO DOOR.
04 NEW LANDSCAPING.
05 NEW CONCRETE CURB.
06 NEW TEMPERED GLASS WINDSCREEN.
07 NEW CONCRETE WALL CAP
08 NEW AWNING POSTS
03 08 07 01 04
05
08 0603 07 01 04 05TYP.TYP.01
0803060407 TYP.
TYP.
+19'-1"[E] EQUIPMENT SCREEN
+26'-0"[E] TOWER ROOF
+16'-7"[E] HIGH ROOF
+19'-1"[E] EQUIPMENT SCREEN
+26'-0"[E] TOWER ROOF
+13'-10"[E] LOW ROOF
01
+12'-2"[N] TOP OF CANOPY
+9'-0"[N] BOTTOM OF CANOPY EAVE
+12'-2"[N] TOP OF CANOPY
+9'-0"[N] BOTTOM OF CANOPY EAVE
+12'-2"[N] TOP OF CANOPY
+9'-0"[N] BOTTOM OF CANOPY EAVE
+6"[N] PLANTER CURB
EXTERIOR FINISHES
WD1
WD1
WOOD SIDING
MTL1
METAL ROOF
PT1
MTL2
METAL POST
MTL2 MTL2MTL2MTL1
WD1
PT1
REAL RED
MTL1 MTL2PT1
PT1
WD1
PT2
TRICORN BLACK
PT2
PT2PT2
PT1 MTL1 MTL2WD1PT2
1 RESUBMITTAL 03.27.24
1
143
INTENTIONALLY BLANK PAGE144
Attachment No. PC 5
Tentative Parcel Map
145
INTENTIONALLY BLANK PAGE146
147
INTENTIONALLY BLANK PAGE148
1
Subject:FW: Malarkey’s PA2024-0001 We OPOSSE this project!!
‐‐‐‐‐Original Message‐‐‐‐‐
From: Mogan Rodgers <14dss@sbcglobal.net>
Sent: May 31, 2024 8:50 AM
To: Orozco, Oscar <oorozco@newportbeachca.gov>; Joe, Wendy <wjoe@nbpd.org>
Subject: Malarkey’s PA2024‐0001 We OPOSSE this project!!
[EXTERNAL EMAIL] DO NOT CLICK links or aƩachments unless you recognize the sender and know the content is safe.
To whom it may concern,
I own my home at 207 and 207 1/2 30th Street. I have been there 29 years And I oppose this paƟo we have to deal
with noise and drunks and passed out people
On our street all the Ɵme. And now that you have moved the fire department even closer to our home we deal with
that noise. Please do not allow this!
I am speaking for myself my wife and my tenants.
Sincerely
Mogan and Traci Rodgers
CCK Builders Inc.
Cell 714‐785‐9350
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Orozco, Oscar
To:Rodriguez, Clarivel
Subject:FW: Malarkys- Project File No: PA2024-0001
Date:May 31, 2024 11:17:27 AM
Attachments:image001.png
image002.png
image003.png
image004.png
image006.png
image007.png
image008.png
image009.png
Hi Clarivel,
Please see the email below as additional materials for the Planning Commission Hearing.
Regards,
Oscar OrozcoAssistant PlannerCommunity Development DepartmentOffice: 949-644-3219 100 Civic Center Drive, First Floor BayB, Newport Beach, California 92660
From: Wetherholt, Drew <Drew.Wetherholt@marcusmillichap.com>
Sent: May 30, 2024 2:09 PM
To: Orozco, Oscar <oorozco@newportbeachca.gov>
Subject: Malarkys- Project File No: PA2024-0001
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Hi Oscar:
Thank you for your time and conversation today!
As discussed, many of the residents are concerned about both the increased noise aspects
and the continued negative impact that intoxicated patrons have on our neighborhood.
Clearly, the police stats reflect this and support our concerns. The police are constantly
dealing with the negative impacts of these bars, as are the surrounding residents and other
businesses. These negative impacts include puke all over the sidewalks, late-night fights,
drunk drivers/accidents, drunks trying to enter residents’ homes because they’re “confused,”
and even deaths.
When does this become a significant legal liability for the city? How many more tragedies such
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
as the recent death of a 14-year-old girl must happen before the city gets more serious
addressing the bar/ABC impacts to the Peninsula?
While I’m not against an outdoor patio, it should be “sound-proofed” as best as possible and
closed by 10 or 11PM. The Helmsman’s patio is a perfect illustration of what we do not want to
see at Malarkys, as it is extremely loud and out-of-control.
Lastly, we have not received the public notices on our street. I have confirmed as of this
morning, none of these addresses/neighbors have received notice and are not aware of this
public hearing. ( 222A&B, 220A&B, 217, 215, 214A&B, 212A&B, 210A,B &C 30th Street).
If you able to, please sent me the planning report once it’s done. Oscar, thank you again! Feel
free to contact me if you have any questions.
Drew M. Wetherholt
Senior Vice President Investments
Marcus & Millichap
3281 East Guasti Road
Suite 800
Ontario, CA 91761
License: CA: 01065168
(909) 456-7019 direct
(909) 456-3400 main
(949) 466-6088 mobile
(909) 456-7063 fax
drew.wetherholt@marcusmillichap.com
Executive Assistant: Becca Molina
909.456.3445 Becca.Molina@marcusmillichap.com
Follow us on: NYSE: MMI
CONFIDENTIALITY NOTICE and DISCLAIMER: This email message is intended only for the person or entity to which it is addressed and maycontain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intendedrecipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient but do not wish toreceive communications through this medium, please so advise the sender immediately. Nothing in this communication should be interpreted as adigital or electronic signature that can be used to authenticate a contract or other legal document. The recipients are advised that the sender and Marcus& Millichap are not qualified to provide, and have not been contracted to provide, legal, financial, or tax advice, and that any such advice regardingany investment by the recipients must be obtained from the recipients’ attorney, accountant, or tax professional.
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:James Lehigh
To:Planning Commission
Subject:Malarky"s Renovation and Expansion
Date:May 31, 2024 4:24:15 PM
Attachments:image001.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
My name is James Lehigh, and I’ve been living and working on the Balboa Peninsula in Newport
Beach for the past 15 years.
I’m writing to express my support for the upcoming renovation project at Malarky’s Irish Pub.
I’m not sure if I’ll be able to attend the planning commission meeting, so I wanted to make
sure my thoughts are heard.
Malarky’s is hands down the best bar in the world. As a resident, I frequent this spot regularly
with friends and colleagues. Whether it’s grabbing a bite after work or enjoying a weekend
outing, Malarky’s always provides a fantastic atmosphere that I love.
The planned renovation, especially the addition of a permanent outdoor patio, is something
I’m really looking forward to. I believe it will make the area even better. Since I live on the
Peninsula, I can confidently say that this project will only bring positive changes and have no
negative impact.
I hope the commission will support this project. It’s a great opportunity to enhance our
community and make an already amazing place even better.
Thank you for considering my perspective.
Sincerely,
James Lehigh Vice President C: 949.791.9069 james@coastalcommercial.com BRE License 01850077 www.coastalcommercial.com
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Andy Fathollahi
To:Planning Commission
Subject:Support for Malarky’s
Date:May 31, 2024 6:59:03 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Newport Beach Planning Commissioners,
I am Andy Fathollahi, writing on behalf of my family and myself. We have been proud
residents of Newport Beach for over 20 years, currently residing on Royal Saint George Road.Before this, we lived on the Balboa Peninsula for the past eight years.
Our deep connection with the Balboa Peninsula has allowed us to witness its transformation
firsthand. For many years, we visited the Peninsula primarily for the beach, as there werelimited family-friendly dining options and the area often felt neglected.
However, the revitalization efforts led by Mr. Marovic, the owner of Malarky’s Irish Pub,
have brought about significant positive changes. His substantial investment in his businessesthroughout Newport Beach has created a more welcoming environment for residents and
visitors of all ages. The proposed renovation of Malarky’s Irish Pub, including the addition ofa permanent outdoor patio, aligns perfectly with these efforts to enhance the community.
The new patio will provide a dedicated space for families and friends to gather, contributing to
the social and economic vitality of the Balboa Peninsula. Renovating the existing building willnot only improve its aesthetic appeal but also ensure it meets modern standards for safety and
accessibility.
Additionally, as an adult resident who enjoys the vibrant nightlife Newport Beach has to offer,I am particularly supportive of the patio’s availability during late-night hours. Outdoor seating
in the evening provides a unique and enjoyable experience for socializing and relaxation. It isan important aspect of our local culture that should not be overlooked or restricted.
Moreover, this project will support local tourism and provide a boost to the local economy by
attracting more visitors to the area. The enhanced ambiance and improved facilities willundoubtedly make the Peninsula a more desirable destination, benefiting surrounding
businesses as well.
My family and I are excited about the potential improvements this project will bring. Westrongly believe that the renovation and addition of an outdoor patio at Malarky’s Irish Pub
will further the ongoing efforts to make Newport Beach a vibrant, family-friendly communitywhile also catering to the social needs of adult residents.
Thank you for considering our support for this worthy project.
Sincerely,
Andy Fathollahi and Family
Andy Fathollahi
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Dear Members of the Newport Beach Planning Commission,
My name is Greg Ozimec, and I have lived in the City of Newport Beach for the past 36 years.
I am writing to support the restaurant, Malarky’s Irish Pub. I am unsure if I will be available to
attend, so I am writing to ensure my voice is heard.
I am looking forward to Malarky’s renovation project because it will have a direct impact on me.
As a long-time commercial real estate broker, I’ve noticed that Malarky’s has more parking vs
interior dining space than most restaurants on the Peninsula.
Twelve years ago I spoke in support of their dining room expansion, which I feel was unfairly
denied.
I purposely moved near the Balboa Peninsula area to be in a safe place that provides different
establishments offering food, drinks and entertainment.
Brent and Mario have been excellent stewards of the Malarky’s business and I hope that you will
support this project!
Thank you.
Greg Ozimec
315 Canal Street.
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Craig Gibson
To:Planning Commission
Subject:Malarky"s Project
Date:June 01, 2024 9:07:29 AM
Attachments:image001.png
image001.png
Importance:High
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Members of the Newport Beach Planning Commission,
Good morning, my name is Craig Gibson, I have been a resident of the City of Newport Beachfor the past 26 years. I am writing regarding the upcoming planning commission meeting insupport of the restaurant, Malarky’s Irish Pub. I am unsure if I will be available to attend, so Iam writing to ensure my voice is heard in support of this project.
I am looking forward to the Malarky’s renovation project because it will have a direct impacton myself and my family. I am a frequent customer of Malarky’s Irish Pub and I visit theBalboa Peninsula more now than ever because of the great improvements that Mario andothers have made to the area in recent years.
Mario has been an instrumental part in the of revitalizing Newport Beach peninsula and anactive supporter of many community endeavors. I am a founding board member of the LottIMPACT trophy, which honors the college defense player of year the players on and off thefield accomplishments while supporting local charities with donations received from the LottIMPACT Trophy. I say this because Mario has been behind the award for over 15 years, themural honoring Ronnie Lott and the trophy can be viewed on one of his properties on thepeninsula, he supports a brunch for the finalists and their families attend every year on thepeninsula to get a taste of Newport Beach. The finalists are from all over the country, 95% ofour finalist have never been to Newport Beach, with Mario’s support they get the opportunityto visit the best community in the United States. Additionally, with Mario’s support we haveactively been able to raise more funds for local charities and have been able to expand ourbrand.
I frequently visit the establishments on the Peninsula with colleagues and friends for a mealafter work or for a fun time on the weekends. I enjoy being in an environment that is relaxed,but also caters to a more refined clientele. The fact that this location attracts that type ofdemographic is a direct benefit to our community. I believe the renovation and addition of apermanent outdoor patio will continue to draw more professionals like me, to our wonderfulcommunity.
I hope the commission will support this project as proposed by the applicant!
Thank you and please contact if the commission requires further information.
Craig
Craig Gibson
Vice President
CA License #0G35612
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
O: 949.608.4919 | F: 949.263.8860
C: 714.745.0316
1800 Quail Street, Suite 110
Newport Beach, CA 92660
CA License #0M70471
cgibson@orionrisk.com | www.orionrisk.com
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Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Toby OBrien
To:Planning Commission
Subject:Malarky"s renovation
Date:June 01, 2024 2:47:20 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,
My name is Toby O'Brien. I own two properties in Newport Beach. One property is a rental
and the other is my summer home. I have owned property in the City of Newport Beach forthe past 15 years.
I am writing in regards to the upcoming planning commission meeting in support of the
restaurant, Malarky’s Irish Pub. I am unsure if I will be available to attend, so I am writing toensure my voice is heard.
I am looking forward to Malarky's renovation project because it will have a direct impact on
me. I am a frequent customer of Malarky’s Irish Pub. I walk to the Newport Pier more nowthan ever because of all of the great improvements that Mario and others have made to the
area in recent years. Dori's Deli and Super Panga are examples of these great improvements.
I frequently visit the establishments on the Peninsula with colleagues and friends for a mealafter work or for a fun time on the weekends. I enjoy being in an environment that is relaxed,
but also caters to a more refined clientele. The fact that this location attracts that type ofdemographic is a direct benefit to our community. I believe the renovation and addition of a
permanent outdoor patio will continue to draw more professionals like myself, to ourwonderful community.
I hope the commission will support this project as proposed by the applicant!
Thank you,
Toby OBrien415-902-7293
Primary:
1624 W Oceanfront Unit BNewport Beach, CA 92663
Rental:
1605 W Balboa Blvd Newport Beach, CA 92663
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Orozco, Oscar
To:Rodriguez, Clarivel
Subject:FW: Malarkys- Project File No: PA2024-0001
Date:May 31, 2024 3:30:12 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image006.png
image007.png
image008.png
image009.png
Hi Clarivel,
Additional email from Drew that went to Wendy.
Regards,
Oscar OrozcoAssistant PlannerCommunity Development DepartmentOffice: 949-644-3219 100 Civic Center Drive, First Floor BayB, Newport Beach, California 92660
From: Joe, Wendy <wjoe@nbpd.org>
Sent: May 31, 2024 3:01 PM
To: 'Wetherholt, Drew' <Drew.Wetherholt@marcusmillichap.com>
Cc: Orozco, Oscar <oorozco@newportbeachca.gov>
Subject: RE: Malarkys- Project File No: PA2024-0001
Hi Drew,
Thank you for your email. We continue to welcome your feedback and perspective.
Wendy Joe
From: Wetherholt, Drew <Drew.Wetherholt@marcusmillichap.com>
Sent: Thursday, May 30, 2024 4:46 PM
To: Joe, Wendy <wjoe@nbpd.org>
Cc: Wetherholt, Drew <Drew.Wetherholt@marcusmillichap.com>
Subject: Malarkys- Project File No: PA2024-0001
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Hi Wendy:
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Thank you! I appreciated your time and conversation Monday!
As discussed, many of the residents are concerned about both the increased late-night noise
aspects and the continued negative impact that intoxicated patrons have on our neighborhood
and the peninsula. Clearly, the police stats reflect this and support our concerns. The police
are constantly dealing with the negative impacts of these bars, as are the surrounding
residents and other businesses. These negative impacts include vomit all over the sidewalks,
late-night fights, drunk drivers/accidents, property damage, drunks trying to enter residents’
homes because they’re “confused,” and even deaths.
When does this become a significant legal liability for the city due to the continued “green-
lighting” of ABC related requests/bar expansions/occupancy increases? How many more
tragedies such as the recent death of a 14-year-old girl must happen before the city gets more
serious addressing the bar/ABC impacts to the Peninsula?
While I’m not against an outdoor patio for the daytime, it should be closed by 10 or 11PM WITH
NO INCREASE IN OCCUPANCY OR INCREASED FUTURE OCCUPANCY. The Helmsman’s patio
is a perfect illustration of what we do NOT want to see at Malarkys, as it is extremely loud and
out-of-control.
Based on our conversation, it seems that the crime issues/police calls for service have not
significantly improved over the several years. Can you send me the last 3 years for the statics
for crime/calls for service for our district? In the past, there was data or chart that reflects the
types of issues/crime and how it related to being 450% greater than the city averages.
Please understand that I fully support and greatly appreciated our police and the individual
officers! Unfortunately, the residents really do wish that the police department and Chief
Cartwright would be more proactive and to show better leadership to push city council/city
manager/planning to improve these stats for District 15 and the peninsula.
With the crime stats ranging from 400-500% greater for our district for many, many years,
something needs to change. Most of this is clearly related to the bars. The cities of Huntington
Beach, Palm Springs, Anaheim, to name a few, all have created significant improvements
regarding these same policing and planning issues that impact the peninsula. Every Friday and
Saturday night, our officers are overwhelmed “playing” Whack-a-Mole racing from one bar
fight to another alcohol related problem after another. Unfortunately, this is not a game and
only endangers our officers and our residents.
Wendy, again, thank you for all of your help!
Drew M. Wetherholt
Senior Vice President Investments
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Marcus & Millichap
3281 East Guasti Road
Suite 800Ontario, CA 91761License: CA: 01065168
(909) 456-7019 direct
(909) 456-3400 main
(949) 466-6088 mobile(909) 456-7063 faxdrew.wetherholt@marcusmillichap.com
Executive Assistant: Becca Molina
909.456.3445 Becca.Molina@marcusmillichap.com
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Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:micah schiesel
To:Planning Commission
Subject:Support of Malarky"s Expansion Project
Date:June 01, 2024 4:04:21 PM
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Good afternoon, my name is Micah Schiesel and I'm in support of the patio, occupancy and hours forMalarky's Irish Pub. I'm born and raised in Newport Beach, attended Ensign and Newport Harbor
High School and Malarky's has been part of my memories as long as I can recall. It is a familyowned restaurant and bar that is a local favorite and an integral part of the fabric of the peninsula.My friends and I have and still do frequent the location after surfing for a warm smile and the bestbreakfast in town. Before the current owners bought Malarky's the building and surrounding area
was run down and dilapidated and since that point I have seen money invested in beautifying thecorner of 30th St and Newport Blvd. I believe an exterior permanent patio would only enhance theenvironment and dining outside is such a nice treat in Newport Beach. I think rewarding goodowners is pivotal in reinvestment and enrichment of their facilities and a vote in favor will show the
cities willingness to allow good operators the freedom to expand within their property rights. I can aswell attest to the professional nature of Malarky's security staff and detailed security plans theyenforce willingly as opposed to other operators in the very near vicinity. If any board members haveany questions I can be reached at 949-331-8124, thank you.
-- Best regards,
Micah Schiesel
"Strive not to be a success, but rather of value." Albert Einstein
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Tara Jongeward
To:Planning Commission
Subject:Malarkey’s
Date:June 02, 2024 7:55:37 AM
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Dear Newport Beach Planning Commissioners,
I have lived the in city of Newport Beach for over 20 years.
I am writing in support of Malarky’s Irish Pub’s request to renovate
their existing building and add a new permanent outdoor patio.
My family and I live on 10th Street and love the Balboa Peninsula. We
just love taking our kids out to eat for breakfast at Malarkey’s.
Big thanks to the owner of this restaurant (Mr. Marovic), we have
seen significant changes! He has clearly invested a substantial amount
of resources into his businesses throughout the City and it has resulted
in a more welcoming environment to people of all ages. The creation of
a family friendly patio and renovated interior space furthers this effort!
My family and I could not be happier living in Newport Beach and we
are excited to see the improvements that I know this project will bring
to the area.
Thank you.Tara Jongeward
Sent from my iPhone
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Katarina Compean
To:Planning Commission
Subject:Malarky’s Patio Expansion and Renovation Letter
Date:June 02, 2024 8:48:57 AM
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Dear members of the Newport Beach Planning Commission,
My name is Katarina Compean and I was born and raised in Newport Beach. I had the chance to live in Los Angeles
and New York, but I recently moved back to Newport Beach because it is such an incredible place. I attended
culinary school in New York and now work in the hospitality industry. I’ve lived in many cities and to be able to
enjoy a spacious outdoor patio with comfortable seating is very essential, especially in California. I know it will
provide an amazing ambiance based on Mario's track record. My friends and I love having late dinners and engaging
in good conversation into the late night hours and I would love to be able to do this at Malarky’s.
Best,
Katarina Compean
Address : 112 22nd Street, Newport Beach CA
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Marija Compean
To:Planning Commission
Subject:Fwd: Support of Malarky"s patio expansion and interior improvements
Date:June 02, 2024 9:01:36 AM
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Dear Newport Beach Planning Commissioners, My name is Marija Compean and my husband and I are long time residents and local business
owners in Newport Beach. We moved to the area over 25 years ago because we loved thelifestyle the city had to offer for our family. Our two kids attended grade school in Newport
Beach, did the junior guard programs for several years and road their bikes home pastMalarky's every summer.
We have taken our family to breakfast after church on Sunday's for many years when theywere growing up. Now fast forward to post college our kids are working and living locally and
still go to Malarky's with their friends and co-workers to meet up and socialize. It is one of therare places that we can take our 80 plus year old parents too and our 20 something kids too.
Malarky's has a relaxed environment and a very welcome feel every time we go. It is on ourgo to list for our family and friends that visit with us.
We see the patio and interior expansion not only as an improvement to Malarky's but one the
entire community will benefit from. We reside in Irvine Terrace at 2007 Galatea TerraceCorona Del Mar and our go too is Malarky's and one of the reasons is the accessible parking
area they have.
We are thrilled about the patio and interior expansion and remodel.
Sincerely,Marija Compean
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Tamara Hajjar
To:Planning Commission
Subject:Malarky"s Patio Expansion
Date:June 02, 2024 9:19:33 AM
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Dear Members of the Newport Beach Planning Commission,
My name is Tamara and I am a resident in the City of Newport Beach. I have lived in the Cityof Newport Beach for the past 39 years.
I am writing in regards to the upcoming planning commission meeting in support of therestaurant, Malarky’s Irish Pub. I am unsure if I will be available to attend, so I am writing toensure my voice is heard.
I am looking forward to the Malarky’s renovation project because it will have a direct impacton me. I am a frequent customer of Malarky’s Irish Pub and I visit the Balboa Peninsula morenow than ever because of all of the great improvements that Mario and others have made tothe area in recent years.
I frequently visit the establishments on the Peninsula with colleagues and friends for a mealafter work or for a fun time on the weekends. I enjoy being in an environment that is relaxed,but also caters to a more refined clientele. The fact that this location attracts that type ofdemographic is a direct benefit to our community. I believe the renovation and addition of apermanent outdoor patio will continue to draw more professionals like myself, to ourwonderful community.
I hope the commission will support this project as proposed by the applicant!
Thank you.
Tamara Hajjar
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Ryan Tomalas
To:Planning Commission
Cc:Ryan Tomalas, Esq.
Subject:Letter in support of Malarkey"s Irish Pub requested CUP
Date:June 02, 2024 11:14:23 AM
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June 2, 2024
ORIGINAL VIA EMAIL
PLANNINGCOMMISSION@NEWPORTBEACHCA.GOV
City of Newport Beach Planning Commission
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Planning Commissioners
Re: Malarkey’s Irish Pub – Conditional Use Permit
Dear NB Planning Commission Members:
I am writing this letter to voice my strong support for the renovations and patio
addition proposed/requested by Malarkey’s Irish Pub. There are multiple
reasons that I support this project and urge you to approve the CUP.
1. You need only to look a few blocks away at the base of the Newport Pier to
see the tangible impact that that the owner and operator of Malarkey’s, Mario
Marovic (Lounge Group), have had upon our community and other local
businesses. It is no secret that until about 10 years ago, this area had
become rundown and local residents like myself and my family had little
reason or desire to spend time there. However, the additions of Dory Deli,
Dory Beach Club & Super Panga, the phenomenal renovation of Stag Bar and
the revitalization of historic watering holes like the Beach Ball and Blackie’s
are now reasons that we (and others) are DRAWN to that part of Newport
Beach. As you know, the impacts of the investments that Mr. Marovic made
into those Newport Pier area businesses quickly spread to other local
businesses like Sharkey’s and Mutt Lynch’s as – after seeing tremendous
positive impact those efforts were having on the area - they also made
significant investments and renovations to their restaurants, all of which
have resulted in an elevated experience for seasonal visitors and locals alike.
There is little doubt that the proposed expansion and renovation of
Malarkey’s would have a similar impact on that portion of the Balboa
Peninsula.
2. Mr. Marovic and The Lounge Group are very civic minded and are
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
tremendous supporters of local charities, organizations, schools and our
community. I believe approval of the requested renovations and expansion
of Malarkey’s is an opportunity for the City of Newport Beach to show
appreciation for all the good that Mr. Marovic and his company have done for
our community, but ALSO will operate to encourage Mr. Marovic and the
Lounge Group to continue and even expand their support of our community.
3. Specifically regarding the proposed patio, in late 2020 and 2021, when things
started to “open up” a bit during the Covid pandemic, the patio at Malarky’s
was a favorite spot for our friends and family gather to grab a drink or ride
bikes to have breakfast; and when the temporary patio was closed many of
us (family, friends, neighbors, etc.) were very disappointed. Frankly, Newport
Beach needs better options for locations where people can gather outdoors to
enjoy the amazing daytime, evening and late-night weather that operates as
one of the primary justifications for people to visit and live in this city. Even
though the Covid epidemic is behind us, there are MANY of us who are no
longer quite as comfortable being in close quarters indoors with large groups
of people; when choosing a restaurant, we (myself and my family) actively
seek out and are drawn to businesses with outdoor/patio spaces … and I
KNOW we are not alone! That location at the base of the Balboa Peninsula
seems like the PERFECT place for an outdoor patio space to operate for either
great early morning breakfast before heading to the beach or to enjoy 2am
“last call” to end a fun night that so many come to Newport Beach to
experience.
4. Finally, on a personal level, Malarkey’s holds a very special place in my heart.
I had a beer there on my 21st birthday, my sister-and-law and brother-in-law
met while both working there in the mid-90s, Malarkey’s has hosted
fundraisers for the schools our children have attended (Newport Heights,
Ensign and Newport Harbor), I’ve celebrated birthdays and Father’s Days
there and during the early days of Covid they gave us the 1st real opportunity
to get out of the house and see our friends (through car windows) when they
gave away hundreds (maybe thousands) of rolls of toilet paper.
In closing, Malarkey’s has truly become a Newport Beach institution and the
renovations and expansions they are proposing will ensure that it continues to be
part of the fabric of our city for many years. As such, I strongly urge you to
approve the requested CUP to include the applicant’s application for
renovations, small expansion and outdoor patio space to operate until 2am.
Very truly yours,
Ryan J. Tomalas
Ryan J. Tomalas, Esq.
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
"Successfully Representing Injury Victims Throughout Southern California Since 1984!”
T: (949) 756-8711 / F: (949) 756-8713
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Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received
Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:James Toner
To:Planning Commission
Subject:Malarkey"s
Date:June 02, 2024 12:48:35 PM
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Dear Chairman Ellmore and HonorableMembers of the Planning Commission,
I am writing to voice my strong support for item 2 on your agenda regarding the addition of a
patio at Malarky's Irish Pub, along with extending operating hours from 7:00 am to 2:00 am.
Having been a resident of Newport Beach with my family for a decade, I have witnessedfirsthand the importance of property rights and the positive impact of encouraging investment
in our community. As such, I firmly believe that property owners should have the autonomy tomake decisions regarding their land, within the confines of reasonable regulations.
The proposed renovations of the property, including the addition of fire sprinklers and the
implementation of a security plan, demonstrates the owner's commitment to enhancing safetymeasures and improving the overall experience for patrons. These efforts not only contribute
to the well-being of individuals frequenting the establishment but also with the broader goal offostering a safe and inviting environment within our city.
Because of these reasons, I support Item 2, recognizing the importance of property rights and
the value of encouraging responsible investment in our city.
Thank you for your attention to this matter.
Sincerely,
James P. Toner
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Tommy Evans
To:Planning Commission
Subject:Melarkey"s expansion project
Date:June 02, 2024 3:51:52 PM
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I have lived in and around Newport beach for the past 51 years. Melarkeys has been an
iconic staple over the years. The negative side to Melarkeys is the limited size. When
ther are soccer matches, it's the one place in newport where you know you can watch a
huge match (world cup, Champions league, etc.. I think an expansion project is long
over due. During covid when the restaurants were able to have outdoor seating. We
learned how great this is. In fact, I'm one of those that fully supports permanant outdoor
seating for all restaurants. It was so refreshing to have the option to eat outside. Seems
hardly worth it to have those parking spots that could be much better utilized for
dinning.. anyhow, that's a whole different topic, but I'm all for it when it comes up!
That said, Melarkey's is in a great area for more outdoor seating. There's not a bunch of
residential homes surrounding them, so it has a nice buffer. It will be great for the area.
Anytime there's nicer buildings it's just nicer to look at and will attract a better crowd.
This restuarant group has a wonderful track record of doing quality improvements that
not only make the establishment look better, but also improves the overall look of
Newport Beach itself.. I know they have a huge plan to ensure the safety of both the
patrons and the local residents alike. I'm in full support of this project and really hope
you will approve it.
SIncerely,
Tommy Evans
Certified Mortgage Advisor
D: 949.231.9076
E: tevans@eghomeloans.com
W: eghomeloans.com
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
1805 E. Garry Avenue Santa Ana, CA 92705AZ NMLS #1042206 | CO NMLS #100538545
FL NMLS #108297 | ID NMLS #2081015000UT DRE #12757340
DRE #01487474 | NMLS #1015000Arbor NMLS #236669 | Arbor DRE #01845041
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:bob blanchard
To:Planning Commission
Cc:Brent Ranek; mario@loungegroup.com
Subject:Malarkys Constructive Proposal
Date:June 02, 2024 6:36:01 PM
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This letter is in reference to the planned improvements for Malarkeys Irish Pub. Quick history
from this 5-generation native Californian. I was working at the Cannery in the early 1970’s and
our owner / manager (Bill Hamilton) purchased a stationary store, where we used to buy
typewriter ribbon among other items. I helped build a lot of the interior, cabinets, and design
for that time frame. We ( I was one of the first bartenders, 1977) had a slow but solid start and
caught on as one the best and most popular places in Newport. As an employee and
customer for almost 50 years, it still has the same comfortable , iconic, and friendly
atmosphere as it did back then. The proposed improvements would be a benefit to the
community, the attraction of visitors, as well as a timely improvement for the time-tested Irish
Pub. There are multiple reasons why Malarkeys has survived and thrived the test of time and
sometimes fickle reputations of restaurants in Newport Beach. Not sure what the average life
of a restaurant in our neighborhood is but can guarantee there are very few that has lasted and
excelled for this long. The current owners and employees are boon to the positive energy of
which our community can never have enough . They are aware of the conditions for the
improvements, anxious to comply and ready to enhance the draw and excitement that
exemplifies our city. Moved back to Newport in 1969, still here. Have an insightful sense and
knowledge of the people, community and visitors that comes with experience and common-
sense wisdom ( and advanced age). I strongly believe this proposal is a huge win-win with a
very modest changes but vast impact.
Respectfully, Bob Blanchard
Virus-free.www.avg.com
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Cameron Sinclair
To:Planning Commission
Subject:Support for Malarky’s Expansion and Renovation Project
Date:June 02, 2024 7:10:04 PM
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Dear Planning Commission Members,
My name is Cameron Sinclair, and I am a long-time resident of Newport Beach, having grown up on 34th Street. I
am writing to express my strong support for Malarky’s proposed expansion and renovation project.
Malarky’s has been an integral part of our community for many years, serving as a beloved gathering spot for both
locals and visitors. My family and I have countless fond memories at Malarky’s, spanning multiple generations, and
I can personally attest to the safe, fun, and welcoming atmosphere that Mario and Brent have consistently provided.
The proposed expansion, which includes a new patio with late night hours and a modest interior enlargement, will
greatly enhance the experience for patrons. Additionally, the planned exterior renovations will not only improve the
look of the establishment but also contribute positively to the surrounding area.
It is important to acknowledge the responsible and community-oriented operation of Malarky’s. With the new
approval including 78 conditions and a required security plan, I am confident that Malarky’s will continue to uphold
the high standards that have made it a cherished part of our community.
Supporting this project is a way to reward and encourage good operators who have demonstrated their commitment
to our community. I strongly urge you to approve Malarky’s expansion and renovation plans, which will
undoubtedly benefit Newport Beach.
Thank you for your time and consideration.
Best regards,
Cameron Sinclair
216 34th st / 1912 highland dr
Newport Beach ca 92660
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Jay Roberts - Bear Appraisals
To:Planning Commission
Subject:Support For Malarky"s
Date:June 02, 2024 8:49:52 PM
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Good evening,
My family and I have lived Newport for the last 20 years. I wanted to extend
my support for Mr. Marovic and the Malarky’s renovation and addition of a
new outdoor patio footprint.
My family and I live in the city at 12 Cormorant Circle in the Bayview
Terrance community. The Balboa Peninsula has always been an interesting
place and many visitors and people from all walks of life. Up until a few years
ago, we would only go to the Peninsula to visit the beach because there were
not many restaurants suitable for families and the area was not well maintained.
However, thanks to the owner of this restaurant (Mr. Marovic), we have seen
significant changes! He has clearly invested a substantial amount of resources
into his businesses throughout the City and it has resulted in a more welcoming
environment to people of all ages. The creation of a family friendly patio and
renovated interior space furthers this effort!
My family and I could not be happier living in Newport Beach and we are
excited to see the improvements that I know this project will bring to the area.
Thank you,
Jay Roberts
Bear Appraisals
1835 Newport Blvd, Ste. A-109-190
Costa Mesa, CA 92627
Phone: (949) 500-9767
Fax: (949) 305-6182
Email: jason@bearappraisals.com
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Kip Parsons
To:Planning Commission
Subject:Support for Malarky"s Irish Pub
Date:June 03, 2024 7:29:56 AM
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Dear Members of the Newport Beach Planning Commission,
My name is Kip Parsons and I am a resident in the City of Newport Beach. I have lived in theCity of Newport Beach for the past 30 Years. My wife and I have raised our 4 kids in thisawesome city.
I am writing in regards to the upcoming planning commission meeting in support of therestaurant, Malarky’s Irish Pub. I am unsure if I will be available to attend, so I am writing to
ensure my voice is heard.
I am looking forward to the Malarky’s renovation project because it will have a direct impacton me. I am a frequent customer of Malarky’s Irish Pub and I visit the Balboa Peninsula morenow than ever because of all of the great improvements that Mario and others have made tothe area in recent years. Malarky’s was my first job out of college and Dory Deli was both mysons first in high school. Mario has always put the community first and the changes he hasmade to his restaurants have been nothing but positive.
I frequently visit the establishments on the Peninsula with colleagues and friends for a mealafter work or for a fun time on the weekends. I enjoy being in an environment that is relaxed,but also caters to a more refined clientele. The fact that this location attracts that type ofdemographic is a direct benefit to our community. I believe the renovation and addition of apermanent outdoor patio will continue to draw more professionals like myself, to ourwonderful community.
I hope the commission will support this project as proposed by the applicant!
Thank you.
Kip Parsons
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Griffin Jones
To:Planning Commission
Subject:Malarkys remodel
Date:June 03, 2024 8:17:04 AM
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Hello,
My name is Griffin Jones. My wife and I are local peninsula residents (19th and court st).We both were born and raised in Newport and have really enjoyed the benefits of theplanning and governance the city has provided throughout the years. We walk all over thepeninsula nowadays and patronize many places and really enjoy visiting the establishmentsthat lounge group manages. We think that the ownerships vision has been on brand withthe area. They have been a much needed entity in the area to tastefully modernize and tobring locals closer together. It’s part of the reason we don’t need to drive up the road toooften anymore.
We have recently heard about Malarkys pub potentially receiving some upgrades and weare for it along with many other Neiborgh’s of court st I’ve spoken too about it. Over the years we have spent a lot of time patronizing malarkys with friends and family forbreakfast, birthday parties, industry group meets etc. Although we love malarkys we have always wished there were a little bit more seating forour family and groups. It’s such a big building that seems to be a good candidate for amodest expansion inside. We also heard there is an outdoor patio in the planning proposal. We think that could be agreat luxury to the area as well. I drive by malarkys many times a day at all hours of theday and get to see the diversity of use the temporary patio receives. The mornings havebreakfast guests, the afternoon has working professionals host meetings, and the evening isgroups of friends celebrating various occasions. At all times there seems to be responsiblestaff supervision. I have noticed the organization and staff supervision on weekend eveningsis incredibly thorough and safe.
As business owners and local residents we hope that you can approve the proposals sent in.We will definitely enjoy the work from all parties put into a refined and modern Malarkysremodel. We trust the aesthetic, operational, and professional way we have seen Mario andthe lounge group run their businesses.
When it comes down to it we are all here to serve our community and be there for ourneighbors. That’s why we have continued to stay in this beautiful city!
Thank you for your time,
Griffin JonesCo founder9492667586
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:kip parsons
To:Planning Commission; karaparsons7323@gmail.com
Subject:Malarky"s Irish Pub Expansion
Date:June 03, 2024 8:21:47 AM
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content is safe.
Newport Beach Planning Commissioners,
I have lived the in city of Newport Beach 47 years. I am writing in support ofMalarky’s Irish Pub’s request to renovate their existing building and add a newpermanent outdoor patio.
My family and I live on Canal Street in Newport Shores. We have recentlystarted to visit the Balboa Peninsula. Up until a few years ago, we would onlygo to the Peninsula to visit the beach because there were not many restaurantssuitable for families and the area was not well maintained.
However, thanks to the owner of this restaurant (Mr. Marovic), we have seensignificant changes! He has clearly invested a substantial amount of resourcesinto his businesses throughout the City and it has resulted in a more welcomingenvironment to people of all ages. We love to take our 4 kids to breakfast ateither Malarky’s or Dory Deli. The creation of a family friendly patio andrenovated interior space furthers this effort!
My family and I could not be happier living in Newport Beach and we areexcited to see the improvements that I know this project will bring to the area.
Thank you.
Kara Parsons
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Blake Parsons
To:Planning Commission
Subject:Malarky’s expansion
Date:June 03, 2024 8:48:25 AM
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content is safe.
Dear Members of the Newport Beach Planning Commission,
My name is Blake Parsons and I am a resident in the City of Newport Beach. I have
lived in the City of Newport Beach for the past 16 years.I am writing in regards to the upcoming planning commission meeting in support ofthe restaurant, Malarky’s Irish Pub. I am unsure if I will be available to attend, so I
am writing to ensure my voice is heard.
I am looking forward to the Malarky’s renovation projectbecause it will have adirect impact on me. I purposely moved near the Balboa Peninsula area to be in asafe place that providesdifferent establishments which offers food, drinks and
entertainment.
I frequently visit the establishments on the Peninsula in which all have satisfied
myself and many others. I enjoy being in an environment that is relaxed, but alsocaters to a more refined clientele. The fact that this location attracts that type of
demographic is a direct benefit to our community. I believe the renovation and
addition of a permanent outdoor patio will continue to draw more young
professionals like myself, to our wonderful city. I hope the commission will passthis project!
Thank you.
Blake Parsons
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:brweasel
To:Planning Commission
Subject:Malarkey"s
Date:June 03, 2024 8:53:38 AM
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content is safe.
Dear Newport Beach planning commission.
Please consider approving Malarkey's expansion plans. My wife and I own four retail
businesses on the oceanfront at the Newport Pier. We are neighboring several businesses thatare owned by Mario Merovic. The quantity of there operations are at a high standards
including sensitivity to area security. We feel improving Malarkey's would impact theneighborhood in a positive way.
Sincerely, Patrick Redmond. PJS Surfrider, Newport Beach.
Sent from my Verizon, Samsung Galaxy smartphone
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:spencer parsons
To:Planning Commission
Subject:Malarky"s Irish Pub
Date:June 03, 2024 8:54:37 AM
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content is safe.
Dear Members of the Newport Beach Planning Commission,
My name is Spencer Parsons and I am a resident in the City of Newport Beach. I have lived inthe City of Newport Beach for the past 19 years.
I am writing in regards to the upcoming planning commission meeting in support of therestaurant, Malarky’s Irish Pub. I am unsure if I will be available to attend, so I am writing to
ensure my voice is heard.I am looking forward to the Malarky’s renovation project because it will have a direct impact
on me. Mario and Lounge group have made such a great impact on the community and have aproven track record to back that up. Creating this patio will attract more patrons that enjoy
sitting outside and the beautiful weather of Newport Beach. I worked at Lounge Group's Dory Deli for three years throughout highschool. Not only do
they treat their customers right, but they treat their employees just as well.I enjoy being in anenvironment that is relaxed, but also caters to a more refined clientele. The fact that this
location attracts that type of demographic is a direct benefit to our community because inreality, people come to Newport Beach for the nice weather and beach vibe. I believe the
renovation and addition of a permanent outdoor patio will continue to draw more youngprofessionals like myself, to our wonderful community.
I hope the commission will support this project!Thank you.
Spencer Parsons
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Ava Nelson
To:Planning Commission
Subject:Malarky"s Irish Pub Patio
Date:June 03, 2024 9:02:31 AM
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content is safe.
Newport Beach Planning Commission,
As a lifelong resident of Newport Beach, I am writing to express my enthusiastic support for Item 2 on your agenda,
which pertains to the addition of a patio at Malarky’s Irish Pub, along with extending operating hours from 7:00 am
to 2:00 am.
Having witnessed the evolution of our city over the years, I am particularly encouraged by the proposed renovation
of the entire property.
With your approval, the property will have a comprehensive security plan and the requirement of an operator's
license. As someone deeply invested in the well-being of our community, I believe it is paramount to support
initiatives that prioritize safety and accountability.
Furthermore, I am heartened by the fact that the applicant behind this proposal has a proven track record of
professionalism and integrity. In a city as vibrant and dynamic as Newport Beach, it is crucial to uphold and support
operators who consistently demonstrate a commitment to excellence.
In light of these considerations, I urge the Planning Commission to approve Item 2, recognizing the positive impact
it will have on the vitality and prosperity of Newport Beach.
Thank you for your attention to this matter.
Sincerely,
Ava Nelson
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Vanessa
To:Planning Commission
Subject:Malarkys updates
Date:June 03, 2024 9:12:40 AM
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is safe.
Hello planning commission,
My name is Vanessa and I am a local peninsula resident and Newport Beach native. I grew up on balboa island and
have always loved the area although I never really spent time near the McFadden pier area until a few years ago. I
learned that a couple of local guys named Mario and Andrew have really invested a lot and created some much
needed staples such as dory deli and the stag bar pizza kitchen. We now visit all of those spots in the square
frequently.
A couple of neighbors and I heard that Malarkys could be getting a remodel and out door patio. I thought it would
be nice share some opinions for you all to consider.
I think the owners have a good and responsible track record to be able to manage something like an increased
capacity and patio. I drive by the place all the time with the temporary patio and people love it including myself.
My husband and I go there for breakfast with our friends before boat days and we all agree the space would benefit
from more comfortable and expanded seating.
I think that part of the neighborhood would look good from some adjustment and would definitely attract a more
refined crowd.
My husband and I along with our friends and neighbors hope you will consider moving forward with modernizing
the building and enhancing our local experience.
Thank you!
Vanessa Flores
Sent from my iPhone
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Wayne Smith
To:Planning Commission
Subject:Request for approval at Malarkies
Date:June 03, 2024 12:56:59 PM
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content is safe.
Greetings planning commission, City officials and powers to be…
My name is Wayne Smith, a local Business owner and resident here in the beautiful City of
Newport Beach. I have been a long time resident of nearly 40 years and a business owner ofnearly 20 years.
Recently, is has come to my attention that a proposal to allow outdoor seating, entertainment
and dinning at Malarkies on Newport Blvd. Make it perfectly clear than Im 100% in favor ofthe idea for the City on Newport Beach and the entire community. Many times, we have
business meeting, presentations and require an outdoor environment. As you know, its verylimited here on the Peninsula and would be a warm welcome.
Going forward, approval of this request would greatly benefit the City of Newport Beach,
Malarkies itself the entire community itself.
If you have any questions, please don't hesitate to contact me….
Wayne Smith
Broker Owner
3407 E. Coast Highway
Corona del Mar, California 92625
Cell: 949 300-2215
Office: 949 646-3000
Email: mailto:wayne@coronadelmarproperties.com
Website: www.coronadelmarproperties.com
License # 00922140
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Jason Elsen
To:Planning Commission
Cc:Apple Je081521
Subject:Letter To Newport Beach Commitee, About Newport Beach and its Future
Date:June 03, 2024 1:01:25 PM
Attachments:Letter To Newport Beach Commitee, About Newport Beach and its Future.docx
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content is safe.
My name is Jason Elsen I live in Newport beach California and I want to make sure my voice is
heard! Newport is my life and my families future !!
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Dear Members of the Newport Beach Planning Commission,
My name is Jason Elsen and I am a resident in the City of Newport Beach. I have lived in the
City of Newport Beach for the past 34 years. Mario and I met in High School all the way back
since 1987. He has dedicated his life to Newport Beach since 2005. He wants to make the city
we grew up coming to as a kid with our parents, we moved to when we turned 18 and we still
live in today a better place for our kids and their future. Mario works hard at everything he
believes in and everything he is passionate about and Mario believes in Newport Beach!
Everyone thinks Newport Beach is perfect and we are always going to be in this perfect sense of
bliss. With people like Mario he is doing everything he can so we can live in as close to
perfection as we can! It is because of people like Mario developing new places for our families
and updating the older Restaurants so we continue to live here and people continue to come to
Newport Beach, YES THE SUN AND THE BEACH HELP, but we would be cheating ourselves
and “Newport Beach Perfection” would not be realistic if we deny and hold back Mario’s ideas
to improve our city!
I am writing in regards to the upcoming planning commission meeting in support of the
restaurant, Malarky’s Irish Pub. I am unsure if I will be available to attend, so I am writing to
ensure my voice is heard.
I am looking forward to the Malarky’s renovation project because it will have a direct impact on
me. I purposely moved near the Balboa Peninsula area to be in a safe place that provides
different establishments which offers food, drinks and entertainment.
I frequently visit the establishments on the Peninsula with my friends and family for a meal after
work or for a fun time on the weekends. I enjoy being in an environment that is relaxed, but also
caters to a more refined clientele. The fact that this location attracts that type of demographic is a
direct benefit to our community. I believe the renovation and addition of a permanent outdoor
patio will continue to draw more established people with a family that will continue to live on in
this amazing City known all around the world!
I hope the commission will support this project!
Thank you.
Jason Elsen
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024
Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Brandie Leach
To:Planning Commission
Subject:Malarkey’s Irish Pub Renovation & Patio Expansion
Date:June 03, 2024 2:57:54 PM
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content is safe.
Newport Beach Planning Commissioners,
I have lived in the city of Newport Beach for over 20 years,
and I am writing in support of Malarky’s Irish Pub’s request to renovate
their existing building and add a new permanent outdoor patio.
My family and I live in the city on Vista Baya Street in the Upper
Newport Bay neighborhood and have recently started to visit the Balboa
Peninsula more frequently. Up until a few years ago, we would only go
to the Peninsula to visit the beach because there were not many
restaurants suitable for families. We have a 4 year old daughter and find
casual, outdoor dining options to be most practical when eating out with
a toddler. We also find outdoor dining to be most desirable in a post-
Covid environment as well.
Thanks to Mr. Marovic, the owner of Malarky’s and other family
friendly establishments within the city, we have seen significant
changes in the area and more viable dining options for our family! He
has clearly invested a substantial amount of resources into his
businesses throughout the city and it has resulted in a more welcoming
environment to people of all ages. The creation of a family friendly
patio and renovated interior space furthers this effort!
My family and I could not be happier living in Newport Beach and we
are excited to see the improvements that I know this project will bring
to the area.
Thank you.
Brandie Leach Elsen
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
June 3, 2024
Dear Members of the Newport Beach Planning Commission,
My name is Joe Orlandini and I am a resident in the City of Newport Beach. I have lived in the
City of Newport Beach for the past 4 years. I lived on the peninsula throughout my college years
at Chapman University and have a family beach house on the board walk since 2002.
I am writing in regards to the upcoming planning commission meeting in support of the
restaurant, Malarky’s Irish Pub. I am unsure if I will be available to attend, so I am writing to
ensure my voice is heard. I am a frequent customer of Malarky’s and have been going there since
I turned 21. I visit the Balboa Peninsula more now than ever because of all of the great
improvements that Mario and others have made to the area in recent years. They have truly
transformed the peninsula with their bars and restaurants that they own and manage.
I frequently visit the establishments on the Peninsula with colleagues and friends for a meal after
work or for a fun time on the weekends. I believe the renovation and addition of a permanent
outdoor patio will continue to draw more professionals like myself to the peninsula. Everybody
loves being able to sit out on a patio at a bar or restaurant rather than indoors. And with the
parking lots location it seems like a no brainer that will benefit the community as a whole.
I hope the commission will support this project as proposed by the applicant!
Thank you.
Joe Orlandini
1816 Buttonshell Lane,
Newport Beach, CA, 92660
Family Beach House
108 E Oceanfront,
Newport Beach, CA, 92660
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Dear Members of the Newport Beach Planning Commission,
My name is Jennifer Toyama and I am a business owner in the City of Newport Beach. I have
worked in the City of Newport Beach for the past 7 years.
I am writing in regards to the upcoming planning commission meeting in support of the
restaurant, Malarky's Irish Pub. I am unsure ifI will be available to attend, so I am writing to
ensure my voice is heard.
I am looking forward to the Malarky's renovation project because it will have a direct impact on
me. I am a frequent customer ofMalarky's Irish Pub and I visit the Balboa Peninsula more now
than ever because of all of the great improvements that Mario and others have made to the area
in recent years.
I frequently visit the establishments on the Peninsula with colleagues and friends for a meal after
work or for a fun time on the weekends. I enjoy being in an environment that is relaxed, but also
caters to a more refined clientele. The fact that this location attracts that type of demographic is a
direct benefit to our community. I believe the renovation and addition of a permanent outdoor
patio will continue to draw more professionals like myself'. to our wonderful community.
In addition, the patio renovation will improve the appearance of this property on the Peninsula
and increase property values.
I hope the commission will support this project as proposed by the applicant!
Thank you.
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No 2a - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Mario Marovic
To:Planning Commission
Subject:Fwd: Malarkys Support Letter. Thank You!!
Date:June 03, 2024 6:42:04 PM
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content is safe.
Dear Members of the Newport Beach Planning Commission
Please see the below support email from a nearby resident and home owner to Malarky’s.
Sincerely,
Mario MarovicSent from my iPhone
(please excuse any spelling or grammar errors)
Begin forwarded message:
From: Steve Nicholson <bchnick@pacbell.net>Date: June 3, 2024 at 6:24:28 PM PDTTo: Mario Marovic <mario@loungegroup.com>Subject: Re: Malarkys Support Letter. Thank You!!
Chairman Ellmore and Members of the Newport Beach Planning Commission,
My name is Steve Nicholson and I reside near Malarky’s Irish Pub. I am one
of the closer residents and home owners to the business. May home is 212 30th
Street.
As one of the most highly impacted residents of the project, I am here to strongly
request that the Planning Commission support the proposed project as proposed by
the applicant.
Similar to my neighbors, I moved to this area because of the close and fun
environment the Balboa Peninsula offers. I am in full support of this project.
Over the past 13 years, the owners of Malarky’s have made a positive impact in our
City and I know this project will be another success. The owner, Mario Marovic has
been highlighted in the OC Register, OCBJ as restaurant owner of year, front page of
the Wall Street Journal and received numerous awards (including a key to the City).
He has supported many of our local charitable organizations. I believe his presence
will continue to be a strategic community benefit and we need to support theirbusiness model because of all the support he gives to us!
Please support the project.
Thank you,
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Steve Nicholson
212 30th Street
Newport Beach CA
Sent from my iPhone
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:joe reiss
To:Joe, Wendy; Planning Commission
Cc:Dept - City Council; Orozco, Oscar
Subject:Expansion of Malarky"s Irish Pub (PA2024-0001)
Date:June 03, 2024 7:07:39 PM
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content is safe.
Dear Planning Commissioners,
Here we go again! Like all of the bars on the peninsula they continually try toincrease the number of occupants in their establishment, extend their hours of
operation, and increase their alcohol service. For nearly 20 years, I have watchedthis happen in the area around Malarky’s. Mario, the owner of Malarky’s has
constantly talked about expansion; however, previous City Council Membersrecognized how this would be a detriment to a community already overly
impacted by alcohol establishments.
In 2011, when Mario wanted to expand Malaky’s by creating an outdoor diningarea, the residents around the bar said they would support the expansion of
Malarky's if Mario operated the establishment as a restaurant and not a bar. Theneighborhood also recommended that if the outdoor dining area was approved and
Mario wanted to continue to remain open until 2am, the outdoor patio area shouldbe closed at 10pm. We also did not want to see an increase in the number of
occupants in the expansion of the existing building. The public outcry seemed tohave influence on Mario withdrawing his request for expansion.
Our concerns then are the same as today, increased late night noise, increased
number of intoxicated people leaving the bar area at 2am, and as a resultincreased crime and serious injuries to the public. With crime over 400 percent
greater in this area than any other area in Newport Beach, no establishment shouldbe increasing occupancy to operate as a bar until 2am! If anything, we should be
decreasing these numbers, not increasing them.
If you approve this request to allow for expansion of the occupancy of the existingbar/restaurant from 1,150 SF to 1530 SF and the 1,347 SF outdoor patio to
operate until 2am, you have just approved another 1,727 SF bar in thisneighborhood. When you calculate the occupancy allowed in a 1,727 SF building
that is how many more intoxicated people will be walking the streets at 2am. Toapprove this request to allow this expansion to operate until 2am would be
irresponsible.
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
The existing outdoor patio has been operating for about four years and there hasbeen minimal negative impact to the community. The outdoor area has operated
as an extension of the restaurant and not a bar, closing at about 10pm. AllowingMario to enclose this area to make a permanent structure makes sense as long as
he continues to follow the existing operation and closes the patio area at 10pm. Additionally, if Mario is allowed to expand the existing building by 380 SF, for
the safety of the community please do not allow him to increase the occupancy.
Thank you for taking the time to read my concerns about this project.
Joe Reiss
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Ryan Purpero
To:Planning Commission
Subject:Mario Marovic
Date:June 03, 2024 7:12:50 PM
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is safe.
To whom it may concern:
I am a Newport Beach property owner and have known Mario for over ten years. I have attended pretty much all of
his establishments and I can say that Mario is by far the best operator in the county. He creates amazing celebratory
atmospheres but never sacrifices the safety of any of its patrons. The food is excellent and his cocktails are well
thought out. In my business a referral is the highest compliment someone can give me. I give my fullest
endorsement on any business expansion Mario has in mind! Please contact me for any questions or concerns.
Ryan Purpero
714 418 7897
1326 Hampshire circle
Newport Beach ca 92660
Sent from my iPhone
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Johnny Klichan
To:Planning Commission
Subject:Malarky"s Irish Pub Approval
Date:June 03, 2024 7:50:22 PM
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content is safe.
Dear Members of the Newport Beach Planning Commission,
My name is Johnny Klichan and I have been a full time resident of NewportBeach since 1995. I am writing in regards to the upcoming planning
commission meeting in support of the restaurant, Malarky’s Irish Pub. I
will likely not be able to attend, so I am writing to ensure my voice is
heard. As a property owner in close proximity to Malarkeys (510 31stStreet), I am looking forward to the Malarky’s renovation project. I
have been a frequent customer of Malarky’s Irish Pub over the past 20
years and I am on the Balboa Peninsula daily because of all of the great
improvements that Mario and others have made to the area in recentyears. We are lucky to have such a great operator in our community. I
frequently visit the establishments on the Peninsula with colleagues and
friends for a meal after work or for a fun time on the weekends. I enjoy
being in an environment that is relaxed, but also caters to a more refinedclientele. The fact that this location attracts that type of demographic is
a direct benefit to our community. I believe the renovation and addition of
a permanent outdoor patio will continue to draw more professionals like
myself, to our wonderful community.I hope the commission will support this project as proposed by the
applicant!
Thank you.
Best regards,Johnny Klichan
Phone 949.735.3366
EMail jk@klichan.comWeb www.Klichan.com
510 31st Street, Suite A
Newport Beach, CA 92663
DRE No. 1206053
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Brent Ranek
To:Planning Commission
Subject:Malarkys Patio
Date:June 03, 2024 7:52:52 PM
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is safe.
A permanent patio would a welcome addition to the peninsula. I have been a customer and working there since the
early 80’s. In addition I have had a firsthand view of all the improvements Mario has made in Newport Beach. He
cares not just about the business but the quality of the city. I support the Malarkys plan.
Thanks much,
Brent
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Matt Peters
To:Planning Commission
Subject:Support for Malarky’s Expansion Project
Date:June 03, 2024 8:42:29 PM
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content is safe.
Hello,
I have been a long time resident of Newport Beach. Malarky's is the most frequent
restaurant/bar friends, family and I visit due to the extreme professionalism and excellentatmosphere provided by the Lounge Group and their staff. I am writing this in full support of
the expansion for the outdoor patio. Mario and the rest of the Lounge Group staff have done aphenomenal job on the rest of their projects, and I believe this will be the best one yet with
their proven record of success.
Please let me know if there is anything else I can do to help further this project.
Thank you,
Matt Peters | Senior AssociateVoit Real Estate Services
2020 Main Street, Suite 100 | Irvine, CA 92614D (949) 263-5305 | C (818) 497-0879
mpeters@voitco.com| www.voitco.comSalesperson License #02065503
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Kevin Giz
To:Planning Commission
Subject:Support for Malarkys
Date:June 03, 2024 9:12:30 PM
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content is safe.
Dear Members of the Newport Beach Planning Commission,
My name is Kevin Giz and I am a resident on Lido and have rental property just a block from
Malarky's. I am writing in regards to the upcoming planning commission meeting in supportof the restaurant.
I am looking forward to the Malarky’s renovation project because it will have a direct impact
on me. Just recently I hosted 35 locals at Malarkys and the extra space is needed. A spaciousoutdoor patio with comfortable seating is needed. I am a frequent customer of Malarky’s Irish
Pub and I visit the Balboa Peninsula more now than ever because of all of the greatimprovements that Mario and others have made to the area in recent years.
I frequently visit the establishments on the Peninsula with colleagues and friends for a meal
after work or for a fun time on the weekends. I enjoy being in an environment that is relaxed,but also caters to a more refined clientele. The fact that this location attracts that type of
demographic is a direct benefit to our community. I believe the renovation and addition of apermanent outdoor patio will continue to draw more professionals to our wonderful
community.
I hope the commission will support this project!Thank you.
--
Best,Kevin Giz
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:J Brac
To:Joe, Wendy; Orozco, Oscar; Planning Commission; Stapleton, Joe
Subject:Malarkeys Patio Request
Date:June 03, 2024 9:18:09 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Planning Commissioners:
Please deny the Malarkeys patio request that would be open to 2AM
and any increase in people at this bar. We already have too many
troublesome bars in the immediate area. Why does the City
continue to add to the problem? Its as if everybody at the City
fonds all over Mario. He may be a good guy, but he can't control
the intoxicated people leaving his bar and its a huge problem. Joe
Stapleton, you're my councilman, where are you? I hope you're
speaking out against this!
I have a business across the way from Malarkeys in the Cannery
Village and we are consistently dealing with the drunk and
disorderly coming from this bar. How would you like coming to
your business in the morning to find vomit, urine, tampons, and
even defecation on your business front? Its beyond disgusting and
unacceptable!
Please deny! Thank you! J. Bracken
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Sean Bollettieri-Abdali
To:Planning Commission
Subject:Malarky Irish Pub Project
Date:June 04, 2024 5:56:57 AM
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is safe.
Dear Members of the Newport Beach Planning Commission,
I hope this message finds you well. My name is Sean Bollettieri, and I am the owner and operator of small and
impactful businesses, including The Tennis & Pickleball Club in the City of Newport Beach.
I am writing to express my support for the upcoming planning commission meeting regarding the restaurant,
Malarky's Irish Pub. Having had the pleasure of knowing Mario Marovic for some time now, my wife and I have
frequented many of his establishments for meals and nights out with friends. We are eagerly looking forward to the
renovation project proposed for Malarky's, as it will directly benefit many of my friends and members who reside in
our great City.
Mario Marovic has a proven track record in successfully operating restaurants and bars, and he genuinely cares for
the community. He understands the importance of creating exceptional establishments that offer quality food,
drinks, and entertainment, which in turn attract young professionals to our beloved community on the Balboa
Peninsula.
Malarky's offers a relaxed environment that perfectly captures the essence of the Newport Beach lifestyle, while also
catering to a more refined clientele. Given the demographic that this area naturally attracts, I believe that approving
the renovation and addition of a permanent outdoor patio would be a significant asset.
I kindly request that the commission support this project, as it will undoubtedly contribute to the vibrancy and
appeal of our community. Thank you for your time and consideration.
Many Aces,
Sean Bollettieri
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Tim Burnham
To:Planning Commission
Subject:Malarkys Irish Pub Renovation Project
Date:June 04, 2024 7:23:23 AM
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content is safe.
Dear Chairman Ellmore & Members of the Newport Beach Planning Commission,
My name is Tim Burnham, and I have been a resident of Newport Beach for the past 32 years.
I am writing to express my support for the renovation project at Malarky’s Irish Pub, whichwill be discussed at the upcoming planning commission meeting. As I may not be able to
attend the meeting in person, I want to ensure my perspective is considered.
The proposed renovation of Malarky’s Irish Pub is significant to me as a resident whopurposely moved near the Balboa Peninsula for its safe environment and diverse
establishments offering food, drinks, and entertainment. My wife, colleagues, friends, and Ifrequently visit the Peninsula for both dining and leisure, appreciating its relaxed yet refined
atmosphere.
Malarky’s Irish Pub is a vital part of this community, attracting a demographic that enhancesour neighborhood's character. I believe that the addition of a permanent outdoor patio will
further elevate the venue, making it even more appealing to young professionals like myself.
Therefore, I urge the commission to support this renovation project, as it will undoubtedlybenefit our community. Thank you for your consideration.
Best Regards,
Tim Burnham
949-244-2285
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Orozco, Oscar
To:Rodriguez, Clarivel
Subject:FW: Malarkys expansion
Date:June 04, 2024 7:49:09 AM
Attachments:image001.png
image002.png
image003.png
image004.png
Hi Clarivel,
Additional materials received below.
Regards,
Oscar OrozcoAssistant PlannerCommunity Development DepartmentOffice: 949-644-3219 100 Civic Center Drive, First Floor BayB, Newport Beach, California 92660
From: Lynne Newton <lnewtonn@hotmail.com>
Sent: June 02, 2024 5:19 PM
To: Orozco, Oscar <oorozco@newportbeachca.gov>
Cc: Joe, Wendy <wjoe@nbpd.org>
Subject: Malarkys expansion
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
As a resident that lives within 230 feet of Malarky's, I have numerous concerns regarding
the expansion of Marlarky's outdoor patio.
We already have noise and trash issues from the loud and boisterous drunks that leave
Malarky's at all hours of the night with their friends who show no respect for the
residents that work early in the morning and are trying to get some sleep.
They leave their trash, vomit and vandalism on our front porches, and yell and holler with
no concern for the residents.
My family car that was left to me before my parents died which has tremendous
sentimental to me was just totaled by a drunk driver who plowed into it while parked on
30th St. just 200 feet from Malarky's at 8:30 in the evening last Saturday night. We have
th
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
incidents of drunks damaging our vehicles here on 30 St. repeatedly the past several
years.
Another concern with all the bars on the peninsula is the number of pedestrians that
have been either hit or killed recently by drunk drivers. Why does the city continue to
allow the expansion of these bars which is resulting in a detrimental impact on our
neighborhood and on the peninsula?
The greatest concern is the noise that will carry throughout our neighborhood from the
outdoor patio until 2 a.m. It's already disturbingly loud with the drunks inside with the
doors closed.
Lynne Newton
30th St. resident
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:zach.handels@gmail.com
To:Planning Commission
Subject:Support for Malarkeys Expansion
Date:June 04, 2024 7:53:12 AM
Attachments:image001.png
Support the Project!.docx
[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 Zachary Leffers and I own a nearby business to Malarky’s Irish Pub, Handel’s
Homemade Ice Cream.
As one of the most highly impacted residents of the project, I am here tonight to strongly
request that the Planning Commission support the proposed project.
Similar to other business owners and residents, I moved to this area because of the close and
fun environment the Peninsula offers. After reviewing the plans and understanding the site, I
am in full support of this project.
Over the past several years, the owners of Malarky’s have made a positive impact in our City
and I know this project will be another success.
The owner, Mario Marovic has been highlighted in the OC Register, received numerous awards
(including a key to the city), and has supported many of our local charitable organizations. I
believe his presence will continue to be a strategic community benefit and we need to support
their business model because of all the support he gives to us! My business wouldn’t be nearly
as successful without him.
Please support the project.
Thank you,
Zach Leffers
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Penny Steele
To:Planning Commission
Subject:Malarky’s Improvements
Date:June 04, 2024 8:00:15 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,
I am writing to express my enthusiastic support for the
proposed expansion and improvements planned for
Malarky's Pub. As a resident of Newport Beach, I'm a
frequent visitor to Malarky’s Pub and a big fan of Mario
Marovic's restaurants.
Malarky's Pub has always stood out for its warm
atmosphere and friendly service. It's a great place to grab a
bite, enjoy a drink with friends, and soak up the community
spirit. I believe the proposed expansion, especially the
addition of a comfortable outdoor patio, will make Malarky's
even more inviting.
The positive transformation of McFadden Square under
Mario's leadership is truly impressive. He's not only
breathed new life into existing establishments like
Malarky's, but also introduced new ones, making the area a
vibrant destination.
I'm particularly excited about the prospect of a spacious
outdoor patio with comfortable seating. The thought of
enjoying a delicious meal and good conversation in a
beautiful outdoor setting at Malarky's is very appealing.
Also allowing for food to be served later is appealing too
because there are limited late night food options. With
Mario's proven track record for creating amazing ambiance,
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
I have no doubt the patio will be a fantastic addition and
success.
The Malarky’s family has consistently shown their
commitment to responsible business practices and giving
back to the community. The proposed 78 conditions and
required security plan demonstrate their dedication to
responsible operation. It's clear they take their role in the
community seriously.
I urge the Planning Commission to approve Malarky's Pub's
expansion and improvement plans. This project will not only
enhance McFadden Square but also provide a valuable
amenity for residents and visitors. Supporting a responsible
business owner with a vision for improvement is a win for
Newport Beach.
Thank you for your time and consideration!
Sincerely,
Penny Steele
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Orozco, Oscar
To:Rodriguez, Clarivel
Subject:FW: Resident Comments Via Malarky"s Dining Patio Addition
Date:June 04, 2024 8:09:12 AM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
Hi Clarivel,
Please see additional materials below.
Regards,
Oscar OrozcoAssistant PlannerCommunity Development DepartmentOffice: 949-644-3219 100 Civic Center Drive, First Floor BayB, Newport Beach, California 92660
From: Joe, Wendy <wjoe@nbpd.org>
Sent: June 03, 2024 2:18 PM
To: 'getfit mattjtanner.com' <getfit@mattjtanner.com>
Cc: Orozco, Oscar <oorozco@newportbeachca.gov>
Subject: RE: Resident Comments Via Malarky's Dining Patio Addition
Hello Mr. Tanner,
Thank you for providing your comments.
From: getfit mattjtanner.com <getfit@mattjtanner.com>
Sent: Monday, June 3, 2024 1:32 PM
To: Joe, Wendy <wjoe@nbpd.org>
Subject: Resident Comments Via Malarky's Dining Patio Addition
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Warning, External email: The content or attachments contained in this message maybe harmful. DO NOT CLICK links or attachments if you do not recognize the sender.
To whom it may concern,
My name is Matt Tanner and I am a resident of 209 30th Street in Newport Beach. My
family has owned this property for over 30 years and we have seen it evolve from the old
loud party days to the thankfully new and welcomed gentrification of older and more
mature and respectful residents over the years. The residents of 209 have always
tolerated the noise stemming from Malarky's as part of the 'beach thing' and we hear the
drunks come out of the bars at midnight in packs of 5's and 10's yelling loudly and
waking up the entire block as they pass by to their next destination. We have already put
up with too much in relation to Malarky's noise. Now, this isn't enough and the current
owner feels the need to place more stress, noise and debauchery onto his next-door tax
paying neighbors, destroying the PEACE and SAFETY of the community in order to turn a
higher profit.
Just the other night we had a completely drunken imbecile smash a parked car on our
street, totaling the vehicle of a resident! Just a few months ago a DRUNKEN slob was
trying to steal a resident's parked car and a violent and dangerous altercation ensued!
ENOUGH IS ENOUGH. The needs of commercial businesses operating in any residential
neighborhood consisting of families and their precious children are second in relation to
the needs of the tax paying residents of the community they pretend to serve. It's that
simple and this absurd proposal of turning our quiet street into a loud and obnoxious
outdoor alcohol serving bar that is open until 2am will NOT SERVE THE RESIDENTS OF
Newport Beach IN ANY WAY SHAPE OR FORM. IN FACT, IT WILL ONLY FURTHER
DEGRADE THE PEACE AND SAFETY OF ITS RESIDENTS WHO DESERVE BETTER. The
residents of Newport Beach DEMAND this ridiculous and greedy proposal be struck
down immediately.
Sincerely,
Matt Tanner
949-244-1070
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Orozco, Oscar
To:Rodriguez, Clarivel
Subject:FW: Malarkys Dining Patio Propsal
Date:June 04, 2024 8:10:25 AM
Hi Clarivel,
Please see additional materials below.
Regards,
Oscar Orozco
Assistant Planner
Community Development Department
Office: 949-644-3219
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660
-----Original Message-----
From: Joe, Wendy <wjoe@nbpd.org>
Sent: June 03, 2024 4:33 PM
To: 'pamela garrett' <pamelagarrett1971@gmail.com>
Cc: Orozco, Oscar <oorozco@newportbeachca.gov>
Subject: RE: Malarkys Dining Patio Propsal
Hello Ms. Garrett,
Thank you for your comments. Received.
Wendy Joe
Investigator | Special Investigations Unit Newport Beach Police Department
870 Santa Barbara Drive, Newport Beach CA 92660
8 949.644.3705 | 949.644.3794 | wjoe@nbpd.org
-----Original Message-----
From: pamela garrett <pamelagarrett1971@gmail.com>
Sent: Monday, June 3, 2024 3:28 PM
To: Joe, Wendy <wjoe@nbpd.org>
Subject: Malarkys Dining Patio Propsal
Warning, External email: The content or attachments contained in this message may be harmful. DO NOT CLICK links or
attachments if you do not recognize the sender.
To whom it may concern,
My name is Pam Garrett and I have lived at 209 30th Street for over 30 years. We have endured the loud drunks exiting the
bar and waking everyone up for years. It’s getting worse and not better. We residents all agree this proposal to be a great
detriment to the peace and safety of our community. We demand this proposal not be granted for the sake of so many tax
paying residents who do not want a bar operating in their community until 2am.
Sincerely,
Pam Garrett
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Orozco, Oscar
To:Rodriguez, Clarivel
Subject:FW: Malarky"s Follow Up Remarks
Date:June 04, 2024 8:10:44 AM
Attachments:image001.png
image002.png
image003.png
image004.png
Hi Clarivel,
Please see additional materials below.
Regards,
Oscar OrozcoAssistant PlannerCommunity Development DepartmentOffice: 949-644-3219 100 Civic Center Drive, First Floor BayB, Newport Beach, California 92660
From: Joe, Wendy <wjoe@nbpd.org>
Sent: June 03, 2024 4:34 PM
To: 'getfit mattjtanner.com' <getfit@mattjtanner.com>
Cc: Orozco, Oscar <oorozco@newportbeachca.gov>
Subject: RE: Malarky's Follow Up Remarks
Hello,
Received and added to your other email.
Wendy
From: getfit mattjtanner.com <getfit@mattjtanner.com>
Sent: Monday, June 3, 2024 3:54 PM
To: Joe, Wendy <wjoe@nbpd.org>
Subject: Malarky's Follow Up Remarks
Warning, External email: The content or attachments contained in this message may
be harmful. DO NOT CLICK links or attachments if you do not recognize the sender.
Regarding the Malarky's Patio Addition Proposal:
To whom it may concern,
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Lastly, there is NO WORLD where building and creating an open air, alcohol serving
[2am closing] bar smack-dab in the middle of a residential community with little children
is remotely appropriate. We Residents are ALL in absolute agreement on this PROPOSAL
being a total living nightmare for the residents of Newport Beach. All of these facts are
bad enough on their own but combined together are an assault and an INSULT to the
local residents who are being cast aside for profit without conscience.
Sincerely,
Matthew Tanner
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Rodriguez, Clarivel
To:Rodriguez, Clarivel
Subject:FW: Malarkey’s opposed PA2024-0001
Date:June 04, 2024 10:04:27 AM
From: Mogan Rodgers <14dss@sbcglobal.net>
Sent: June 03, 2024 8:14 AM
To: Orozco, Oscar <oorozco@newportbeachca.gov>; Joe, Wendy <wjoe@nbpd.org>
Subject: Malarkey’s opposed PA2024-0001
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and
know the content is safe.
Hi Oscar,
Again this is Mogan Rodgers from 207 and 207 1/2 30th Street.
This is exactly why we don’t want this patio. This is typical on our street.
This is a DUI from Malarkey’s Friday night. Please do not allow this to go through.
We will be up north when this hearing happens.
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Please feel free to call me anytime.
I appreciate your help.
Mogan Rodgers
CCK Builders Inc.
Cell 714-785-9350
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Steve Darden
To:Planning Commission
Subject:Malarkys renovation
Date:June 04, 2024 9:29:51 AM
[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,My name is Steven Darden and I am a resident in the City of Newport Beach. I have livedin the City of Newport Beach for the past 30 years.I am writing in regards to the upcoming planning commission meeting in support of therestaurant, Malarky’s Irish Pub. I am unsure if I will be available to attend, so I am writing toensure my voice is heard.I am looking forward to the Malarky’s renovation project because it will have a directimpact on me. I am a frequent customer of Malarky’s Irish Pub and I visit the BalboaPeninsula more now than ever because of all of the great improvements that Mario andothers have made to the area in recent years.I frequently visit the establishments on the Peninsula with colleagues and friends for a mealafter work or for a fun time on the weekends. I enjoy being in an environment that isrelaxed, but also caters to a more refined clientele. The fact that this location attracts thattype of demographic is a direct benefit to our community. I believe the renovation andaddition of a permanent outdoor patio will continue to draw more professionals likemyself, to our wonderful community.I hope the commission will approve this upgrade to the city.Thank You
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Troy Phillips
To:Planning Commission
Subject:Malarky"s Renovation
Date:June 04, 2024 12:01:15 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Chairman Ellmore & Members of the Newport Beach Planning Commission,
My name is Troy Phillips, and I reside at 2114 1/2 West Oceanfront. I have been a resident of
Newport Beach for the past 15 years but have been living in the surrounding area for over 30years.
I am writing to express my support for the renovation project at Malarky’s Irish Pub. I live
within a short walk to Malarky’s and I visit frequently. I do not think the one stall parkingwaiver should be an issue since me, my neighbors and friends all walk and bike there
regularly. I have reviewed the applicants proposal for a new outdoor patio, modest interior expansion
and improvement along with request for 2am closing. I want to pledge my full support for thisproject.
Oftentimes business and property owners in the area do not make any effort to improve or
even maintain their businesses. “Doing Nothing” has been a business model for many ownersin the area. Just look at every business and property the applicant currently owns and
manages. McFadden Square businesses and properties along with East 17th Street as well. The one thing they all had in common was the previous owners let them get run down and
dilapidated. Mario and his team improved EVERY single business and property that they ownor managed. They not only have a vested interest in the community but a great track record as
well. Arguably one of the most responsible business owners in Orange County.
The proposed renovation of Malarky’s Irish Pub is significant to me as a resident whopurposely moved to the Balboa Peninsula for its safe environment and diverse establishments
offering food, drinks, and late night options. I frequently visit Malarkys for both dining andleisure, appreciating its traditional and warm Irish Pub atmosphere.
Malarky’s Irish Pub is a vital part of this community, attracting a demographic that enhances
our neighborhood's character. I believe that the addition of a permanent outdoor patio willfurther elevate the venue, making it even more appealing to young professionals like myself.
Therefore, I urge the commission to support this renovation project, as it will benefit our
community and most likely improve property values in the area. The planning commissionneeds to support and incentives good operators like Mario.
Thank you for your consideration.
Best Regards, Troy Phillips
Troy Phillips
Founder/owner
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
(949)278-6975
soundsgoodtroy@gmail.com
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Wetherholt, Drew
To:Orozco, Oscar; Joe, Wendy; Planning Commission; Dept - City Council
Subject:Malarkys Patio Addition & Expansion PA2024-0001
Date:June 04, 2024 12:02:18 PM
Attachments:Malarkys Patio Addition & Expansion Photos - Reduced.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Planning Commissioners:
I am a 35-year resident of 30th Street and I currently own multiple properties inNewport Beach. I and many of the residents are concerned about both the
increased late-night noise aspects and the continued negative impact thatintoxicated patrons have on our neighborhood and the peninsula. The continued
occupancy expansions of the bars on the peninsula are significantly negativelyimpacting the safety and enjoyment of the residents.
Clearly, the police stats reflect this and support our concerns. The statistics are
grossly excessive. The police are constantly dealing with the negative impacts ofthese bars, as are the surrounding residents and other businesses. These negative
impacts include vomit all over the sidewalks, late-night fights, public urination,drunk drivers/accidents, property damage, drunks trying to enter residents’ homes
because they’re “confused,” and now even more deaths. Just this Saturday, myneighbor’s Lexus was slammed into and totaled by a drunk driver in front of my
property!!!
When does this become a significant legal liability for the city due to thecontinued “green-lighting” of ABC related requests/bar expansions/occupancy
increases? How many more tragedies such as the recent death of a 14-year-oldgirl must happen before the city gets more serious addressing the bar/ABC
impacts to the Peninsula? The number of alcohol accidents and deaths are onlycontinuing to increase on the peninsula. Given the police department’s negative
statistics, how can the city continue to grant these bar expansions???
Please see the attached photos of recent police/drunk incidents/accidents at ornear Malarkys.
I strongly oppose the following aspects of this application for the following
reasons:
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
1. Noise & Loud Intoxicated Patrons- Adding an exterior patio that is open until
2AM will only continue to have a negative impact on our neighborhood and the
peninsula. The Helmsman’s patio is a perfect illustration of what we do NOTwant to see at Malarkys, as it is extremely loud and out-of-control. A Malarky’s
patio will only add to the late-night noise that our neighborhood is alreadyexperiencing. Having an outdoor patio opening to 2AM will only add to the
problems. Should a patio be granted, it should be closed by 9PM WITH NO
INCREASE IN PROPERTY OCCUPANCY OR INCREASED FUTURE
OCCUPANCY. THE PATIO SHOULD BE LOCATED ON THE OTHERSIDE OF THE BUILDING, FURTHER AWAY FROM THE
RESIDENCES!
2. Occupancy- According to the staff report page 4 Item 2, indicates that there is
ACTUALLY an INCREASE in the public interior (net public area)- The
report states that, The interior NPA of the restaurant is proposed to increase fromthe permitted 1,150 SF to 1,530 SF.” This is an additional increase of 380 SF on
top of the 1,347 SF patio. The report also indicates a “slight” increase inpatron occupancy. This ONLY increases the number of intoxicated patrons that
will be leaving Malarky’s and dumping into our neighborhood being loud,puking, peeing, drunk driving, and vandalism. Also, clearly, the applicant
plans on coming back to planning asking for an OCCUPANCY INCREASEat a later date due to the square footage increases. I am opposed to ANY
OCCUPANCY increase of NPA that will allow for FUTURE INCREASEIN OCCUPANCY, as neither the police department nor the applicant can
control any additional intoxicated patrons dumping into District 15 at 2AM.
3. Parking- Funny how the parking study is ordered and paid for by the applicant,
and NOT the city. The study seems biased and selective. Late-night Malarkys
parking lot is packed and often jammed after 10PM. Even such that Uber driversstop in front of Malarkys and blocking a traffic lane creating a very dangerous
situation. Also, why is the parking agreement with Pavilions that includes 14parking spaces that are NOT owned by the applicant, not included in the staff
report for the public to review? Does it expire? What happens should thePavilions property redevelop, and that agreement is terminated? Regardless, the
Marlarkys property is under parked. Patrons always parking in our neighborhoodand then often come back to their cars yelling and screaming. The applicant’s
plans indicate that 50 spaces should be required. Perhaps the city could dopermit parking only after 10PM like the Fun Zone area has for our nearby
residential streets.
4. Property parcels- All three parcel should be combined to one single parcel. By
only creating two parcels and the way the new parcel lines are being proposed
could make future development difficult, eliminate more parking and not
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
creating the necessary building setbacks. The applicant could also sell-off the
parking lot parcel creating additional parking limitations as well as other
developmental concerns. The parcel needs to confirm to the present zoning/city
standards.
5. Improper/Short Noticing- Residents just received the Public Notice in the mail
Friday giving the public only 4 days to digest a 148-page report and respond, yetthe applicant has had over 10 years to prepare. Clearly, this is illustrated by the
number of “form” letters that the applicant already has given to his customers tosend in supporting Malarkys. Last time, Mario offered beer & food to patrons to
support his efforts and get people to send letters. The problem with all theseletters/customers is most of them do NOT live even close to Malarkys. They do
NOT understand the negative impacts that this bar has on the surroundingcommunity. The residents have only had four days to respond. The site posting
doesn’t even face the roadway; it faces subject properties own parking lot. Thereis no posting on the building.
What the staff report also fails to detail is this same applicant applied to expand the bar
by another 175+ patrons in 2011. Mayor/councilman Mike Henn suggested that ifMalarkys really is just a restaurant (that’s what the applicant was trying to “sell”), thenclose at midnight. The operator was also going to be subjected to the policedepartment’s operator’s license. The applicant, because of this, then chose to withdraw
his application. Why? Because Malarkys is NOT mostly a restaurant, it’s a BAR thatpacks them in and closes at 2AM. Where is the audited food sales versus alcohol salesdata to reflects this?
Based on the police department data and conversations with the policedepartment, the crime issues/police calls for service have not improved over thelast decade.
Per the police department’s crime stats, the crime ranges from 400-500% greaterfor our district for many, many years, something needs to change. 40-50%+ isrelated to the bars and I suspect that figure is actually higher, due to all of theunreported issues/vandalism/crime. Somehow the cities of Huntington Beach,Palm Springs, Laguna Beach, and Anaheim, to name a few, all have createdsignificant improvements/enforcement/limitations regarding these same ABC/bar,policing and planning issues that impact the peninsula. Every single Friday andSaturday night, our officers are overwhelmed “playing” Whack-a-Mole racingfrom one bar fight, to a drunk driver, to another alcohol related problem, afteranother. Unfortunately, this is not a game and only endangers our officers and ourresidents. Should residents have a non-emergency call-for-service after 10PM ona Friday or Saturday night, the response time can be up to 2 hours. Residents have
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
experienced this numerous times. This is NOT acceptable.
Please understand that I fully support and greatly appreciated our police and theindividual officers! Unfortunately, the residents demand that the police leadership
and Chief Cartwright be more proactive and engaged to help the city council/citymanager/planning to fully understand these excessively negative statistics/facts
and the resulting problems, crime, and even deaths. The severity of these barissues only continues to negatively impact and jeopardize both the residents and
the police officers on the peninsula.
Let’s do the right thing and protect our residents, visitors, and police officers. Thisapplication should be significantly limited. No late patio hours, no increased
occupancy, and if there is a patio, it should be located to the other side of thebuilding & closed early.
Thank you!
Drew Wetherholt
Resident/Owner
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Neighbor’s car hit &
totaled by drunk driver
last saturday night
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Memorial for 14 year
old girl killed by drunk
driver 2 weeks ago
Tree hit by drunk
driver
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
9 police cars, firetrucks,
and paramedics - bar fight
at Malarky’s intersection 2
weeks ago
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Drunk passed out on sidewalk
Malarky’s staff dealing with
bar fight on 30th Street
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Malarky’s staff dealing with
bar fight on 30th Street
Intoxicated theif breaking
into cars on 30th Street
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Vandalism behind the market
Intoxicated Malarky’s patrons in
Malarky’s parking lot
Chaos at the intersection of
30th Street & Newport Blvd
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Police cars going against traffic
addressing fight at Malarky’s
Drunk driving
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Drunk driver arrested
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Malarky’s late night crowds
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Police cars in front of
Malarky’s bar fight
Intoxicated bar crawl
participant falls off bike
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Intoxicated bar crawl
participant falls off bike
Late night crowds at
Malarky’s
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
6 police cars dealing with
fight on 30th Street
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
More bar fights
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Bar fight
Drunk Malarky’s customers
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Brian Britton
To:Planning Commission
Subject:Supporting Malarky"s
Date:June 04, 2024 12:08:36 PM
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content is safe.
Dear Members of the Newport Beach Planning Commission,
My name is Brian Britton and I am a resident in Newport Beach along with my wife and 3
children between the ages of 10 - 14. I am writing in regards to the upcoming planningcommission meeting in support of the restaurant, Malarky’s Irish Pub. I will be traveling for
work and unable to attend so I am writing toensure that our voice is heard.
My wife and I are looking forward to the Malarky’s renovation project because it will have a
direct and positive impact on us and our community. We purposely moved to the area to be ina safe place that provides different establishments which offer food, drinks and entertainment.
We frequently visit the establishments on the Peninsula with friends for a meal after work orfor a fun time on the weekends and we enjoy being in an environment that is relaxed, but also
caters to a more refined clientele. The fact that this location attracts that type of demographicis a direct benefit to our community. We believe the renovation and addition of a permanent
outdoor patio will continue to draw more professionals to our wonderful community.
Added amenities and renovations by respected and proven owners with a strong track recordcatering to this community is exactly the type of investment that we hope the planning
commission will continue to support.
Thank you.Brian and Kendra Britton
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Rodriguez, Clarivel
To:Rodriguez, Clarivel
Subject:FW: Follow up on Malarkys Patio Addition Proposal
Date:June 04, 2024 2:22:55 PM
-----Original Message-----
From: Joe, Wendy <wjoe@nbpd.org>
Sent: June 04, 2024 10:48 AM
To: 'pamela garrett' <pamelagarrett1971@gmail.com>
Cc: Orozco, Oscar <oorozco@newportbeachca.gov>
Subject: RE: Follow up on Malarkys Patio Addition Proposal
Hello Pamela,
Your third email is received and added.
Thank you,
Wendy Joe
-----Original Message-----
From: pamela garrett <pamelagarrett1971@gmail.com>
Sent: Monday, June 3, 2024 4:37 PM
To: Joe, Wendy <wjoe@nbpd.org>
Subject: Follow up on Malarkys Patio Addition Proposal
Warning, External email: The content or attachments contained in this message may be harmful. DO NOT CLICK
links or attachments if you do not recognize the sender.
To whom it may concern,
The last issue with this proposal is the open air aspect. Going from 11pm to 2 am is unacceptable as well as having
an open air alcohol serving bar in a residential neighborhood. Bad combos for standard of living of community
which is most important of all. We are all opposed to it.
Sincerely,
Pam Garrett
Sent from my iPhone
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Steve Rosansky
To:Planning Commission
Subject:MALARKY’S IRISH PUB OUTDOOR DINING PATIO ADDITION (PA2024-0001)Dear Planning Comm
Date:June 04, 2024 2:12:34 PM
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content is safe.
Dear Planning Commission Members:
I am writing you regarding the pending application from Malarky’s Irish Pub to construct a
permanent patio addition and to remodel the existing restaurant. I urge you all to approve
the requested action.
I first met Malarky’s owner, Mario Marovic, when I was on City Council and he made his initial
application to improve the restaurant. At the time, he was newer to town and hadn’t
established the excellent reputation he has since cultivated through the operation of multiple
restaurants all across town. I was in support of his application then, and the Newport Beach
Chamber of Commerce and I are in support of it now.
Over the last 15 years, Mario has been a leader in the restaurant industry and has significantly
upgraded every restaurant he has purchased. He has been a model operator and through his
efforts, other restaurant owners have followed his lead to improve the operation of their own
establishments. It is my firm belief we should reward business owners who improve our City.
Mario Marovic certainly falls in that category. I encourage you to approve the requested
action.
Warm regards,
Steve
Steve Rosansky
President and C.E.O.
Newport Beach Chamber of Commerce
The Business and Community Resource
______________________________________
4343 Von Karman Ave., Ste. 150-W
Newport Beach, CA 92660
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
PH: (949) 729-4404
www.NewportBeach.com
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Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Nathan Holthouser
To:Planning Commission
Subject:Planning Commission Hearing Regarding Malarky"s Irish Pub
Date:June 04, 2024 2:44:54 PM
Attachments:Outlook-zxtdqbug.png
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Hello Planning Commission,
I am writing you in support of the Malarky's Irish Pub expansion (with operating hours from 7am
- 2am for the patio) that is scheduled to be on the agenda of the planning commission hearing
tomorrow 6/5/24. I am a resident of Newport Beach and have been a business owner and
homeowner here for several years. I strongly recommend approving the new plans for the
Malarky's Irish Pub expansion.
As a resident I have enjoyed frequenting Malarky's for brunch, drinks, and many fun nights
spent with friends and family. Malarky's has been a recognized Newport Beach establishment
for several decades. I personally know three close friends that met their spouses at Malarky's.
Malarky's has always provided a safe, fun, neighborhood friendly environment with great folks
working there. It is establishments like Malarky's that give Newport Beach a unique identity.
As a business owner who manages multiple commercial properties in the City of Newport
Beach, I know all of the stakeholders that I deal with want this Malarky's project to happen. In
an environment where insurance costs are increasing, minimum wage is the highest it's ever
been, and the cost to run a business is a constant struggle, supporting establishments like
Malarky's is crucial. Support comes from rewarding responsible business owners like the
applicant for Malarky's. The new plan utilizes outdoor space which is becoming a realistic
solution throughout southern California to help restaurants and bars stay successful. The
design looks incredible and will help improve the overall look and feel of the restaurant. I think
it will be a major upgrade for the community.
I was on record supporting Malarky's over 10 years ago when they were last trying to expand,
and I support the project again now. We need to do everything we can to preserve the great
establishments in Newport Beach. I hope that the commission supports this project as
proposed by the applicant with the operating hours being 7am - 2am. Thank you for your
consideration.
Nathan Holthouser
President
C: 949.229.2273
nathan@coastalcommercial.com
BRE License 01838616
www.coastalcommercial.com
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Shannon C. Papazis
To:Planning Commission
Subject:Malarky"s
Date:June 04, 2024 2:59:31 PM
Attachments:image001.png
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content is safe.
Dear Chairman Ellmore and Members of the Newport Beach Planning Commission:
Thank you for your time and commitment to our City on the Planning Commission. I amwriting to express my support for the proposed Malarky’s Irish Pub Outdoor Dining Patio
Addition, including extended operating hours from 7:00 am to 2:00 am.
My name is Shannon Papazis, and my family and I are residents of Newport Beach. We loveour community and want to encourage good projects with good operators. One of our families’
favorite activities is going to the beach, followed by visiting one of the restaurants on thePeninsula, particularly those owned by Mario Marovic. Over the past decade, we have
witnessed the transformative impact of Mr. Marovic's investments into the Peninsula area, andhis focus on ensuring such impact has a positive benefit not just for the community and
economy, but for families as well.
The proposed project represents another opportunity to improve the area. Your approval willresult in a safe building with the requirement of fire sprinklers and a comprehensive security
plan that will undoubtedly enhance safety measures, fostering a secure environment forpatrons and staff. Not to mention, it will allow for more people to enjoy Malarky's with the
new patio addition.
It is imperative that we support entrepreneurs and property owners like Mr. Marovic, whodemonstrate a genuine commitment to our community’s well-being. By investing in projects
that enrich our City’s fabric, we collectively contribute to its continued growth and appeal.
I respectfully request that you support this project, and very much appreciate your time andthank you for your wonderful service to our great City.
Sincerely,
Shannon C. Papazis, PartnerFerruzzo & Ferruzzo, LLP
3737 Birch Street, Suite 400Newport Beach, California 92660
T: 949-608-6900F: 949-608-6994spapazis@ferruzzo.comwww.Ferruzzo.com
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
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Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Walter Buttkus
To:Planning Commission
Cc:Walter Buttkus
Subject:In Support of Malarky"s
Date:June 04, 2024 3:20:08 PM
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content is safe.
Dear Members of the Newport Beach Planning Commission,
My name is Walter Buttkus, my wife and I are residents in Newport Beach on Court Street.We have lived in Newport Beach since 2014.
I am writing in regards to the upcoming planning commission meeting in support of Malarky’s
Irish Pub. I am unsure if I will be available to attend, so I am writing to ensure my voice isheard.
Malarky’s is our family’s go-to spot for breakfast, at least 3 times a week, as well as a greatmeeting spot for all of Court Street for lunch and dinner too (have you tried Prime RibTuesday and Taco Thursday). We have enjoyed numerous events, holidays, family gatheringsand more at Malarky’s over the last 10 years. We are looking forward to the Malarky’srenovation project because it will have a direct impact on us and all of our Court Street family.
Mario and his staff work endlessly to improve the food, the atmosphere and the family funover the last several years.
We can bring family, friends and even business clients to Malarky’s for a great experience.
Malarky’s is centrally located to our home, as well as all of the other businesses we patron inNewport Beach. Upgrading and enhancing Malarky’s to better the community now and forfuture generations to come is the right direction for Newport Beach. We believe therenovation and addition of a permanent outdoor patio will continue to draw more professionalslike myself, to our wonderful community.
I hope the commission will support the Malarky’s project as proposed by the applicant.
Sincerely,
Walter Buttkus
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Andrew Gabriel
To:Planning Commission
Subject:Malarky"s Irish Pub
Date:June 04, 2024 3:37:12 PM
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content is safe.
Newport Beach Planning Commissioners,
I was born and raised in Newport Beach. Malarky’s Irish Pub is an institutionfor my family and I. I am writing in support of Malarky’s Irish Pub’s request torenovate their existing building and add a new permanent outdoor patio.
My family and I just moved to Lido Island a few months ago. We picked Lidobecause we wanted to have easier access to everything the Peninsula has tooffer. I grew up going to Malarky’s with my family and friends and since MrMarovic has taken over, I’ve found myself going again. It’s been a lot of funrediscovering Malarky’s with my wife and two young girls. It’s a place that Ihave a lot of fond memories in and look forward to making more.
Mario has a proven track record and excellent report with the city of NewportBeach. He even has a key to the city! There is no better operator and this patioand expansion will be a welcomed addition to the neighborhood.
My family and I love living in Newport Beach and love seeing improvementslike this one being proposed.
Thank you.
Andrew Gabriel
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Bonnie Cook
To:Planning Commission
Subject:We support Malarky’s Irish Pub’s request to renovate
Date:June 04, 2024 4:23:02 PM
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content is safe.
Dear Newport Beach Planning Commissioners,
I have lived Newport Beach for over 10 years on W. Balboa Blvd. I am writing in support ofMalarky’s Irish Pub’s request to renovate their existing building and add a new permanent
outdoor patio.
We frequent many establishments that are family friendly and Malarky’s has always been a
place where we feel a meal is a great option for our family. We met neighbors there this pastMonday for breakfast with our 1 year old son! The staff is always so kind to my family.
My husband and I have always asked each other why more restaurants don’t have patios withour beautiful year round weather. The creation of a family friendly patio and renovated
interior space is what this neighborhood needs and wants. My family and I could not behappier living in Newport Beach and we are excited to see the improvements that I know this
project will bring to the area.
Best Regards,
Bonnie Cook and Family
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Jake Janz
To:Planning Commission
Subject:Malarky’s Support
Date:June 04, 2024 4:33:52 PM
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content is safe.
Dear Chairman Ellmore & Members of the Newport Beach Planning Commission,
My name is Jake Janz, and I've been a resident in Newport Beach for the past 10 years. My
family and I do business in the City and are very involved with the local community throughour non-profit organization, the Ben Carlson Foundation.
Over the past decade my wife and I have gotten to know some of the most upstanding
residents and business owners in the City, through support of our charitable work, and oneperson that stands out in particular is Mario Marovic. Mario is not only an excellent business
man that has helped transform numerous local restaurants into staple landmarks throughoutNewport Beach, but he is arguably one of the most responsible business owners that I know,
as well as one of the most generous philanthropist who is committed to the betterment of thiscommunity.
That leads to me to the reason that I am writing today. I would like to express my full support
for the renovation project that Mario has proposed for Malarky’s Irish Pub. I have taken a lookand reviewed the proposal for a new outdoor patio, with a light interior expansion, along with
the request for 2am closing. Malarky’s is a treasure in this community, attracting ademographic that enhances the heart of the Balboa Peninsula. I believe that the addition of a
permanent outdoor patio will further elevate the venue, making it even more appealing tolocals and visitors alike with no downside at risk.
I believe that we should entrust local leaders who have a vision to improve and enhance the
place that we call home, and I put my full support behind Mario, his heart and his vision forMalarky’s expansion plans. I hope that the planning commission will recognize that this is a
wonderful addition to the community and I urge you to support and approve of this as well.
Sincerely,
Jake Janz
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Lou Burgess
To:Orozco, Oscar; Joe, Wendy; Planning Commission; Dept - City Council
Subject:Malarky"s Patio Addition
Date:June 04, 2024 4:38:33 PM
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content is safe.
Planning Commissioners:
I am an 8 year property owner located 200 feet from Malarkey's Irish Pub and Grill, I also
reside on the premises as well. I and a multitude of residents that live on 30th Street, 29thStreet, & 28th Street are extremely concerned in regards to any expansion of any bars on the
peninsula, including Malarky's. It is a continually battle on some Thursday nights, always onFriday nights, and Saturday nights, the unruly (drunk) patrons of these local establishments
carry on to the streets being extremely loud and boisterous and have no regard for being drunkin public or obeying any law and order. Without any care in the world, or respect for
privately owned property, they puke, litter, break bottles, throw glasses, spit, urinate and causeruckus in our community.
The loud noise already presents a problem. I can't imagine how it would negatively impact our
situation given permission to use their patio. There needs to be a city leader to put a STOP tothis and not grant any expansion of any bars in our vicinity whatsoever. The noise in it self is
extremely distributing, and is our primary complaint. There are other contributing factors aswell. Parking spaces, ride share companies blocking the streets, party buses up and down the
streets.
My question to you is how many deaths, accidents will take place before the city doesanything about it? By allowing additional patrons into Malarky's you are contributing to more
noise, more drunks, more liter more chaos. A perfect example is the 14 year old girl that waskilled over Memorial day weekend. How about the car that was totaled on 30th Street after
another drunk driver slammed into it on June 1st. Back on May 11, 2022 I had a femalebanging on my front door, kicking my front door to let her in. She was looking for an ex-
boyfriend and she was determined he lived on my premises. The police were called and shewas arrested, not only for being drunk in public but for narcotic use. Oh, and I had to clean up
a pile of puke she left on my front porch by this wonderful young lady.
I cordially invite each and everyone one of you to stay at my Airbnb/VRBO so you can endurewhat we do each and every weekend. You would be able to witness what we experience 52
weeks out of the year. If you were lucky enough to catch three hours of sleep, you can join thefun on Saturday mornings, when the brooms and hoses go into action cleaning up the mess
from the previous night.
Lou Burgess30th Street Resident
--
Lou Burgess
Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Vice President
AAA Imaging Solutions
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Planning Commission Special Meeting - June 5, 2024 Item No. 2b - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Matthew Gregory
To:Planning Commission
Subject:Malarky"s proposed changes
Date:June 05, 2024 10:12:40 AM
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content is safe.
My name is Matt Gregory, and I have lived on the Balboa peninsula for more than 10 years.
I'm writing. to support Malarky's request to update their building interior and add a patio.
Without question the owners of Malarky's have drastically improved the environment andvariety of the Newport Pier area with Dory Deli and neighboring establishments that they are
involved in, and the area around Malarky's has the potential to become another attractivedining/nightlife destination with recent additions of upscale spots like Palmilla, the new Lil
Buddha, and Lido House. Malarky's has always been a peninsula institution, a good neighbor,and is great family-friendly spot for breakfast (not many full-service breakfast places like that
on the peninsula), and I hope the city will support the owners in their question to continue toimprove the establishment. An outdoor patio and improved interior would be a great addition
to the area.
I hope the commission will support this project in its entirety and continue to encourageowners and operators like this to run businesses that both our peninsula community and
visitors benefit from and enjoy.
Sincerely,
Matt Gregory
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Wetherholt, Drew
To:Jurjis, Seimone; Harp, Aaron; Leung, Grace; Cartwright, Joseph
Cc:Planning Commission; Miner, David; Joe, Wendy; Dept - City Council
Subject:FW: Malarkys Patio Addition PA2024-0001
Date:June 05, 2024 12:01:38 PM
Attachments:image001.pngimage002.pngimage003.pngimage004.pngMalarkys Patio Addition & Expansion Photos - Reduced.pdfMalarkys Patio Addition & Expansion Letter.pdf
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content is safe.
Grace, Seimone, Aaron, & Joe:
The residents of 30th Street as well as other residents and businesses surrounding Marlarys
are extremely concerned about the proposed patio request and now appears to be an over
doubling the number of patrons.
Yesterday afternoon, I just found out through an email from planning that this bar is going
to now INCREASE from 151 patrons to 391 patrons (see below email from
Oscar/Planning). This is an increase of 240 patrons that will be dumped into our
neighborhood, intoxicated at 2AM!!! NONE OF THIS WAS DISCLOSED IN THE PUBLIC
NOTICE, THE PLANNING REPORT, OR THE POLICE REPORT/MEMO TO THE PLANNING
DEPARTMENT!!!!! The police department wasn’t even aware of this based on my
conversation with Wendy yesterday at 5:30PM. This should be pulled from the planning
commission meeting today until the city can properly address it.
Mario may be a “good” operator and the city really seems to cater to him, but when is
enough… enough? The city just continues to give him “gift” after gift despite the negative
impacts. From 10pm to 2AM, Malarkeys intoxicated customers are a huge problem. He has
ZERO control over his customers once they all leave the bar at 2AM. This is also in an area that
clearly has a significant problem related to the over-concentration of bars. We have the
highest concentration of bars in ALL of Orange County on the peninsula. The Police crime
stats are 450% greater than the city average and one of the higher in the county! The police are
constantly dealing with the negative impacts of these bars, as are the surrounding residents
and other businesses. These negative impacts include vomit all over the sidewalks, late-night
fights, drunk drivers/accidents, property damage, drunks trying to enter residents’ homes
because they’re “confused,” and even deaths. Nothing has improved over the last decade and
its only getting worse with the city continuing to allowing for the bar expansions. There need to
be a moratorium put in place until the city can get this under control. How many more 14-
year-olds need to die at the hands of a drunk? A drunk driver smashed into my neighbors Lexus
totaling it just this past weekend! The list of incidents surrounding Marlarkys is long. Please
see my attached email & photos of some of the negative impacts and issues that we are
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
dealing with in District 15 and the peninsula.
With the crime stats ranging from 400-500% greater for our district for many, many years,
something needs to change. Most of this is clearly related to the bars. Interesting how the
cities of Huntington Beach, Palm Springs, Anaheim, Laguna Beach, to name a few, all have
implemented significant improvements, reductions and enforcement regarding these same
planning and policing issues that impact the peninsula. Why has nothing been done regarding
these impacts?? Every Friday and Saturday night, our officers are overwhelmed “playing”
Whack-a-Mole racing from one bar fight to another alcohol related problem after another.
Unfortunately, this is not a game and only endangers our officers and our residents.
Again, when is enough, enough??? Why isn’t there a moratorium in place until the city can get
better control of the bars and the intoxication impacts? Why does the city continue to allow
increases/expansions when there are already serious problems within this district? When
does this become a class-action litigation for the city given the negligence, endangerment,
lack of quiet enjoyment, destruction of property/values, and even death? The city has civic
responsibilities to the community that are not being met or addressed, especially with this
huge, proposed increase of Malarkys.
Given these stats and continued incidents, how can anyone in their right mind recommend
approval of this bar expansion??? When was the last time any of you were down on the
peninsula to personal observe the peninsula on a late Friday or Saturday night? I invite you to
visit the residents on a Friday or Saturday night to fully understand and experience what our
neighborhood and the peninsula really are subjected to. And yes, we and our neighborhood
were here before these problematic bars, including Malarkys. At one time, the city mission
statement included “Residents first…”
Can someone please tell me how these issues are going to be addressed and a plan to resolve
the continued negative impacts? The residents are here to help with solutions to make the
peninsula safer and enjoyable for everyone. We understand living in an urban environment.
The peninsula residents have thick skin and high tolerances, but this has gotten out of control!
Marlarkys requested patio addition is one thing, but to increase the bar occupancy from 151
to 391customers until 2AM is grossly unacceptable.
Thank you for your time and assistance! Please do not hesitate to call me. I’m happy to
discuss these concerns with you in greater detail.
Drew Wetherholt
949-466-6088
From: Wetherholt, Drew
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Sent: Tuesday, June 04, 2024 3:48 PM
To: Orozco, Oscar <oorozco@newportbeachca.gov>
Cc: wjoe@nbpd.org; dminer@nbpd.org; jstapleton@newportbeachca.gov; Jamie Murillo
<jmurillo@city.newport-beach.ca.us>
Subject: Re: Malarkys Patio Addition PA2024-0001
Oscar- based on what youre saying is the current bar occupancy is 151 but the proposed
occupancy will increase to 391 people??? Is this true??? This is insane. Please call me
immediately.
Drew Wetherholt
949-466-6088
Sent from my iPhone
On Jun 4, 2024, at 3:22 PM, Orozco, Oscar <oorozco@newportbeachca.gov>
wrote:
Hi Drew,
Following up on our phone conversation from earlier. Please see a breakdown of
the square footage and occupancy below:
Floor Areas
Existing Building Gross Floor Area: 5,032 SF
Proposed Building Gross Floor Area: 4,850 SF
Proposed Outdoor Dining Patio Floor Area: 1,347 SF
Net Public Areas (NPA)
Existing NPA: 1,150 SF
Proposed Interior NPA: 1,530 SF
Proposed Outdoor Dining Patio NPA: 1,200 SF
Occupancy
Existing Occupancy per last entitlement approval: 151
Proposed Occupancy (indoor and outdoor dining patio included): 391
I’ve also included a copy of the plans in larger format for you to be able to view.
The building occupancy component was reviewed by our Building Division and
condition of approval 52 is included in the draft conditions of approval for the
applicant to provide a building analysis upon plan submittal to ensure the most
restrictive allowance for the occupancy is imposed per the Building Code.
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
I’m in a meeting and wont have a chance to give you a call back before the end of
the day, I’m happy to discuss at some point tomorrow morning if you have any
questions.
Thank you Drew.
Regards,
Oscar OrozcoAssistant PlannerCommunity Development DepartmentOffice: 949-644-3219 100 Civic Center Drive, First Floor Bay B,Newport Beach, California 92660
*** This email was sent from an EXTERNAL party. Please be sure to confirm the identity of the
sender before opening attachments, clicking on links, or providing any sensitive information. ***
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Neighbor’s car hit &
totaled by drunk driver
last saturday night
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Memorial for 14 year
old girl killed by drunk
driver 2 weeks ago
Tree hit by drunk
driver
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
9 police cars, firetrucks,
and paramedics - bar fight
at Malarky’s intersection 2
weeks ago
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Drunk passed out on sidewalk
Malarky’s staff dealing with
bar fight on 30th Street
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Malarky’s staff dealing with
bar fight on 30th Street
Intoxicated theif breaking
into cars on 30th Street
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Vandalism behind the market
Intoxicated Malarky’s patrons in
Malarky’s parking lot
Chaos at the intersection of
30th Street & Newport Blvd
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Police cars going against traffic
addressing fight at Malarky’s
Drunk driving
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Drunk driver arrested
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Malarky’s late night crowds
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Police cars in front of
Malarky’s bar fight
Intoxicated bar crawl
participant falls off bike
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Intoxicated bar crawl
participant falls off bike
Late night crowds at
Malarky’s
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
6 police cars dealing with
fight on 30th Street
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
More bar fights
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Bar fight
Drunk Malarky’s customers
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
1
Planning Commissioners:
I am a 35-year resident of 30th Street and I currently own multiple properties in Newport Beach. I and many of the
residents are concerned about both the increased late-night noise aspects and the continued negative impact that
intoxicated patrons have on our neighborhood and the peninsula. The continued occupancy expansions of the
bars on the peninsula are significantly negatively impacting the safety and enjoyment of the residents.
Clearly, the police stats reflect this and support our concerns. The police are constantly dealing with the negative
impacts of these bars, as are the surrounding residents and other businesses. These negative impacts include
vomit all over the sidewalks, late-night fights, public urination, drunk drivers/accidents, property damage, drunks
trying to enter residents’ homes because they’re “confused,” and now even more deaths. Just this Saturday, my
neighbor’s Lexus was slammed into and totaled by a drunk driver in front of my property!!!
When does this become a significant legal liability for the city due to the continued “green-lighting” of ABC related
requests/bar expansions/occupancy increases? How many more tragedies such as the recent death of a 14-year-
old girl must happen before the city gets more serious addressing the bar/ABC impacts to the Peninsula? The
number of alcohol accidents and deaths are only continuing to increase on the peninsula. Given the police
department’s negative statistics, how can the city continue to grant these bar expansions???
Please see the attached photos of recent police/drunk incidents/accidents at or near Malarkys.
I strongly oppose the following aspects of this application for the following reasons:
1.Noise & Loud Intoxicated Patrons- Adding an exterior patio that is open until 2AM will only continue to
have a negative impact on our neighborhood and the peninsula. The Helmsman’s patio is a perfect
illustration of what we do NOT want to see at Malarkys, as it is extremely loud and out-of-control. A
Malarky’s patio will only add to the late-night noise that our neighborhood is already experiencing. Having
an outdoor patio opening to 2AM will only add to the problems. Should a patio be granted, it should be
closed by 9PM WITH NO INCREASE IN PROPERTY OCCUPANCY OR INCREASED FUTURE
OCCUPANCY. THE PATIO SHOULD BE LOCATED ON THE OTHER SIDE OF THE BUILDING, FURTHER
AWAY FROM THE RESIDENCES!
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
2
2.Occupancy- According to the staff report page 4 Item 2, indicates that there is ACTUALLY an INCREASE in
the public interior (net public area)- The report states that, The interior NPA of the restaurant is proposed
to increase from the permitted 1,150 SF to 1,530 SF.” This is an additional increase of 380 SF on top of the
1,347 SF patio. The report also indicates a “slight” increase in patron occupancy. This ONLY increases
the number of intoxicated patrons that will be leaving Malarky’s and dumping into our neighborhood being
loud, puking, peeing, drunk driving, and vandalism. Also, clearly, the applicant plans on coming back to
planning asking for an OCCUPANCY INCREASE at a later date due to the square footage increases. I
am opposed to ANY OCCUPANCY increase of NPA that will allow for FUTURE INCREASE IN
OCCUPANCY, as neither the police department nor the applicant can control any additional
intoxicated patrons dumping into District 15 at 2AM.
3.Parking- Funny how the parking study is ordered and paid for by the applicant, and NOT the city. The study
seems biased and selective. Late-night Malarkys parking lot is packed and often jammed after 10PM. Even
such that Uber drivers stop in front of Malarkys and blocking a traffic lane creating a very dangerous
situation. Also, why is the parking agreement with Pavilions that includes 14 parking spaces that are NOT
owned by the applicant, not included in the staff report for the public to review? Does it expire? What
happens should the Pavilions property redevelop, and that agreement is terminated? Regardless, the
Marlarkys property is under parked. Patrons always parking in our neighborhood and then often come back
to their cars yelling and screaming. The applicant’s plans indicate that 50 spaces should be required.
Perhaps the city could do permit parking only after 10PM like the Fun Zone area has for our nearby
residential streets.
4.Property parcels- All three parcel should be combined to one single parcel. By only creating two parcels
and the way the new parcel lines are being proposed could make future development difficult, eliminate
more parking and not creating the necessary building setbacks. The applicant could also sell-off the
parking lot parcel creating additional parking limitations as well as other developmental concerns. The
parcel needs to confirm to the present zoning/city standards.
5.Improper/Short Noticing- Residents just received the Public Notice in the mail Friday giving the public
only 4 days to digest a 148-page report and respond, yet the applicant has had over 10 years to prepare.
Clearly, this is illustrated by the number of “form” letters that the applicant has given to his customers to
send in supporting Malarkys. Last time, Mario offered beer & food to patrons to support his efforts. The
problem with all these letters/customers is most of them do NOT live even close to Malarkys. They do NOT
understand the negative impacts that this bar has on the surrounding community. The site posting doesn’t
even face the roadway; it faces subject properties own parking lot. There is no posting on the building.
What the staff report fails to detail is this same applicant applied to expand the bar by another 175+ patrons in
2011. Mayor/councilman Mike Henn suggested that if Malarkys really is just a restaurant (that’s what the applicant
was trying to “sell”), then close at midnight. The operator was also going to be subjected to the police
department’s operator’s license. The applicant, because of this, then chose to withdraw his application. Why?
Because Malarkys is NOT mostly a restaurant, it’s a BAR that packs them in and closes at 2AM. Where is the
audited food sales versus alcohol sales data to reflects this?
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
3
Based on the police department data and conversations with the police department, the crime issues/police calls
for service have not improved over the last decade.
Per the police department’s crime stats, the crime ranges from 400-500% greater for our district for many, many
years, something needs to change. 40-50%+ is related to the bars and I suspect that figure is actually higher, due
to all of the unreported issues/vandalism/crime. Somehow the cities of Huntington Beach, Palm Springs, Laguna
Beach, and Anaheim, to name a few, all have created significant improvements/enforcement/limitations regarding
these same ABC/bar, policing and planning issues that impact the peninsula. Every single Friday and Saturday
night, our oƯicers are overwhelmed “playing” Whack-a-Mole racing from one bar fight, to a drunk driver, to another
alcohol related problem, after another. Unfortunately, this is not a game and only endangers our oƯicers and our
residents. Should residents have a non-emergency call-for-service after 10PM on a Friday or Saturday night, the
response time can be up to 2 hours. Residents have experienced this numerous times. This is NOT acceptable.
Please understand that I fully support and greatly appreciated our police and the individual oƯicers! Unfortunately,
the residents demand that the police leadership and Chief Cartwright be more proactive and engaged to help the
city council/city manager/planning to fully understand these excessively negative statistics and the resulting
problems, crime, and even deaths. The severity of these bar issues only continues to negatively impact and
jeopardize both the residents and the police oƯicers on the peninsula.
Let’s do the right thing and protect our residents, visitors, and police oƯicers. This application should be
significantly limited. No late patio hours, no increased occupancy, and if there is a patio, it should be located to
the other side of the building. Thank you!
Drew Wetherholt
Resident/Owner
Planning Commission Special Meeting - June 5, 2024 Item No. 2c - Additional Materials Received Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Oscar Orozco, Assistant Planner
Date: June 5, 2024
Re: Agenda Item No. 2 – Revised Conditions of Approval
________________________________________________________________
Please see the attached revisions to Exhibit “B” (Conditions of Approval) of the
draft resolution for the Malarky’s Irish Pub Outdoor Dining Patio Addition project.
Staff is recommending minor revisions to Conditions 7, 15, 16, 34, and 45 as
shown in red.
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Resolution No. PC2024-012
Page 29 of 37
CONDITIONS OF APPROVAL
Exhibit “B”
(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 Conditional 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 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.
5. Any change in operational characteristics, expansion in the area, or other modification
to the approved plans, shall require an amendment to this Conditional Use Permit or
Coastal Development Permit, or the processing of a new permit.
6. 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.
7. Before the issuance of a building permit, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect in compliance with Chapter
14.17 Water-Efficient Landscape Ordinance of the Newport Beach Municipal Code.
These plans shall incorporate drought-tolerant plantings and water-efficient irrigation
practices, and the plans shall be approved by the Planning Division.
8. All landscape materials and irrigation systems shall be maintained by the approved
landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Resolution No. PC2024-012
Page 30 of 37
9. 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.
10. 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.
11. The hours of operation of the restaurant shall be from 7:00 a.m. to 2:00 a.m., daily.
However, no new patrons shall be allowed to enter the restaurant after 1:00 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 hours of operation for the outdoor dining patio shall be 7:00 a.m. to 11:00 p.m.,
daily.
13. Prior to operation of the outdoor dining patio, the Applicant shall obtain an Operator’s
License from the Newport Beach Police Department.
14. 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
15. 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.
16.15. 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 Saturday, Sundays, or Holidays.
17.16. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Resolution No. PC2024-012
Page 31 of 37
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
18.17. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-way.
19.18. The exterior of the business shall be always maintained free of litter and graffiti. 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.
20.19. 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 (Water and Sewers) of the NBMC, including all future
amendments (including Water Quality related requirements).
21.20. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 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.
22.21. 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.
23.22. The Project shall include 11 bicycle stalls on the Property.
24.23. A total of 46 parking spaces shall be maintained and accessible for use by the
establishment at all times on both parcels and the adjacent parking easement area as
illustrated on the approved plans.
25.24. 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) and Title 21 (Local
Coastal Program Implementation Plan) of the NBMC.
26.25. 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.
27.26. 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
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Resolution No. PC2024-012
Page 32 of 37
or indirectly) to City’s approval of Malarky’s including, but not limited to, a conditional use
permit, coastal development permit, tentative parcel map, and operator license (PA2024-
0001). 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.
Fire Department
28.27. A fire sprinkler system and fire alarm system shall be provided as a part of the building
permit plans submittal.
Police Department
29.28. The Applicant shall comply with all federal, state, and local laws, and all conditions of the
Type 47 (On-Sale General) Alcoholic Beverage License. Material violation of any of those
laws or conditions in connection with the use is a violation and may be cause for revocation
of the use permit.
30.29. Food service shall be made available until closing.
31.30. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m.
32.31. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
33.32. 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.
34.33. 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 (indoor only), 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.
35.34. All owners, managers and employees must abide by all laws and conditions of the
Alcoholic Beverage License.
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Resolution No. PC2024-012
Page 33 of 37
36.35. No outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility.
37.36. 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.
38.37. There shall be no live entertainment or dancing allowed on the premises.
39.38. All doors and windows of the facility shall remain closed after 10:00 p.m. except for the
ingress and egress of patrons and employees.
40.39. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
41.40. 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.
42.41. Any event or activity staged by an outside promoter or entity, where the Applicant, operator,
owner or his employees or representatives share in any profits or pay any percentage or
commission to a promoter, or any other person based upon money collected as a door
charge, cover charge or any other form of admission charge is prohibited.
43.42. A Special Events Permit is required for any event or promotional activity outside the normal
operational characteristics of the approved use, as conditioned, or that would attract large
crowds, involve the sale of alcoholic beverages, include any form of on-site media
broadcast, or any other activities as specified in the Newport Beach Municipal Code to
require such permits.
44.43. 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 every 60 days of hire. This training 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 of approval.
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.
45.44. Strict adherence to maximum occupancy limits is required. Security staff shall be posted
at each entrance as required by the Security Plan and such staff must keep an accurate
occupant load count. 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.
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Resolution No. PC2024-012
Page 34 of 37
46.45. The applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to police upon request.
47.46. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
48.47. An Operator License is required pursuant to Chapter 5.25 of the Municipal Code, 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.
Building Division
49.48. 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.
50.49. 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.
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Resolution No. PC2024-012
Page 35 of 37
• 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.
51.50. 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
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
52.51. As part of the building permit plans submittal, the Applicant shall provide a building
analysis, including allowable area shall be based on the most restrictive allowance for
the occupancy group under consideration in compliance with Table 506.2 of California
Building Code (CBC) 2022.
53.52. The Project shall comply with the exterior wall and maximum area of opening/opening
protections required in 705 of CBC 2022.
54.53. The Project shall comply with the means of egress sizing of chapter 1005 of CBC 2022.
55.54. The Project shall comply with the following requirements of the CBC. In non-sprinklered
buildings, exits from a suite or floor shall be separated by a distance not less than ½ the
diagonal of the suite or floor respectively. (CBC 1007.1.1). In sprinklered buildings, the
minimum separation between exits shall be not less than ⅓ of the diagonal of the space
or floor served (CBC 1007.1.1 Exc. 2).
56.55. The Project shall comply with the required accessible path of travel from parking and
public right of way to the tenant improvement space per 11B-202.4 of the CBC.
57.56. The Project shall provide the total required number of accessible and van accessible
parking in compliance with 11B-208 CBC 2022.
58.57. The Project shall provide five percent, minimum one, accessible seating for each type
of seating in compliance with 11B-902.
59.58. The Projects circulation paths contiguous to vehicular traffic shall be physically
separated from vehicular traffic. Physical separation shall be provided with circulation
paths raised 4" minimum above the area where vehicular traffic occurs in compliance
with 11B-250.1 CBC 2022.
60.59. The Project shall provide fire sprinklers per section 903 of the CBC.
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Resolution No. PC2024-012
Page 36 of 37
61.60. 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.
Public Works Department
62.61. Prior to the issuance of a building permit, a parcel Map shall be recorded. The Map
shall be prepared on the California coordinate system (NAD83). Prior to recordation of
the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor
and the City of Newport Beach a digital-graphic file of said map in a manner described
in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of
Newport Beach shall comply with the City’s CADD Standards. Scanned images will not
be accepted.
63.62. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(one inch iron pipe with tag) shall be set on each lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
64.63. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
65.64. An encroachment permit is required for all work activities within the public right-of-way.
66.65. Any existing broken and/or otherwise damaged concrete curb, gutter and sidewalk
panels along the Newport Boulevard and 30th Street frontages shall be reconstructed.
67.66. All improvement shall comply with the City’s sight distance requirement. See City
Standards 110-L.
68.67. In case of damage done to public improvement surrounding the development site by the
private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
69.68. Parking layout shall be per City Standard 805.
70.69. Substantial barriers shall be placed between the outdoor dining area and adjacent
parking space areas and drive aisle adjacent to the outdoor dining area. Substantial
barriers shall not encroach into the required dimensions for the drive aisles and parking
stalls.
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Resolution No. PC2024-012
Page 37 of 37
71.70. Truncated domes shall be installed at the southerly driveway to comply with current ADA
guidelines.
72.71. Traffic signage and pavement marking shall comply with the latest version of the
California MUTCD and Caltrans Design Manual.
73.72. The existing bench that is located within the Newport Boulevard public right of way shall
be removed.
74.73. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles
and 15 feet of space around all underground facilities, such as vaults, lids, manholes,
vent pipes, pad-mounted transformers, etc.
75.74. Seating or structures below overhead conductors and/or under the “drip line” shall be
prohibited.
76.75. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
77.76. Expanded outdoor dining areas shall adhere to the SCE clearance Decal examples.
78.77. Prior to the issuance of a building permit, the applicant shall obtain and provide a copy
of the approval from the Southern California Gas Company for all improvements within
the existing Gas Company easement.
Planning Commission Special Meeting - June 5, 2023 Item No. 2d - Additional Materials Received from Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Christopher Giuffre
To:Planning Commission
Subject:Support For Malarkys Renovations
Date:June 05, 2024 2:50:32 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Newport Beach Planning Commissioners,
I have lived the in city of Newport Beach for over 12 years. I am writing in support ofMalarky’s Irish Pub’s request to renovate their existing building and add a new permanentoutdoor patio.
Malarky’s to me is beyond just a bar in Newport Beach. It’s where I met my wife, where I hadmy engagement party, where we go for dinner every Valentine’s Day, and of course, where we
go with friends to watch whatever sports game is on.
The point being, there are plenty of bars in Newport Beach, but only one bar that feels like anextension of my home and suitable for my current and future family.
This is in large part due to the owner of the restaurant (Mr. Marovic), and the significantchanges he’s made in the business to make it the most accommodating venue for people andgroups of all ages.
The creation of the family friendly patio and renovated interior space furthers this effort andhave personally seen the positive impact its had on the Newport Beach community.
My family and I could not be happier living in Newport Beach and we are excited to see theimprovements that I know this project will bring to the area.
Thank you for your time and consideration.
Best Regards,
Christopher Giuffre
Planning Commission Special Meeting - June 5, 2024 Item No. 2e - Additional Materials Recevied After Deadline Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Pete Zak
To:Planning Commission
Subject:Support for Item No. 2 on 6/5/24 Planning Commission Agenda
Date:June 05, 2024 3:45:41 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,
It's unlikely that I'll be able to attend this evening, but I wanted to convey my strong support for Item 2 on your
agenda.
The community will benefit greatly from the addition of a patio at Malarky’s with operating hours from 7:00 am to
2:00 am. In addition to receipt of increased sales tax increment, the City will be improved by this re-investment.
As a former Newport Beach Planning Commissioner and resident of the City for 30+ years, I've had the privilege of
meeting with and reviewing projects by the applicant, Mario Marovic. During that time, Mr. Marovic proved to be
an asset for the community. During my early encounters with him, he expressed his passion for the City and a
promise to do his best to clean up areas within the City where he invests (i.e. McFadden Square area, etc.). It goes
without saying, that he's delivered.
During my 4 years on the commission, and the years following, I've witnessed the reinvestment he's made and
continues to make into his properties throughout the City. Not only has this revitalized many parts within the
community, but he runs his establishments with pride and is a model for other operators.
As a commissioner, I hope you will approve his project - including the late-night hours of 7:00-2:00am. Currently
this building and business has very few conditions, no operators license, no security plan or fire sprinklers. With
your approval, all these items will be addressed and enhanced.
I strongly support Item 2, recognizing the importance of property rights and the value of encouraging responsible
investment in our city.
Thank you for your attention to this matter.
Sincerely,
Peter Zak
Peter D. Zak
President
NCA Developments
(949) 633-7383
Planning Commission Special Meeting - June 5, 2024 Item No. 2e - Additional Materials Recevied After Deadline Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:tcrone1111@gmail.com
To:Planning Commission
Subject:Letter In Support of Malarky"s Irish Pub Expansion
Date:June 05, 2024 4:51:22 PM
Attachments:NB Planning Comm-Crone Letter- Malarky"s .pdf
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content is safe.
Dear Newport Beach Planning Commission:
Please see the attached letter from my wife and I in support of the proposed expansion of
Malarky’s Irish Pub.
We hope you favorably consider the proposal at your upcoming meeting.
Thank you in advance for your support.
Sincerely, Tom Crone.
Tom Crone, CPA (Inactive)- Founder & President
Fractional Executive Services* Forensic Accounting* Expert Witness * Trustee
Appointments
949.885.6996- Direct
Planning Commission Special Meeting - June 5, 2024 Item No. 2e - Additional Materials Recevied After Deadline Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
From:Josh Yocam
To:Planning Commission
Subject:Malarky’s Pub public comment
Date:June 05, 2024 7:04:54 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hello All,
I would like to add my comments on the Malarky’s Pub patio to the public record. Please find them below, thank
you.
Hello commissioners, my name is Josh Yocam, and I am a resident of Newport Beach. I join you this evening, much
like the others filling this room, to support item 2 and Malarky’s Pub’s effort to construct an outdoor dining patio;
and that the same hours of operation be maintained for the patio.
The Balboa Peninsula is the essence of Newport Beach. It personifies our city’s rich history, culture, and charm. At
the Peninsula’s core is a community of residents and business owners that respect and cherish these traditions, and
there is no greater example of this than Malarky’s Pub.
I consider Malarky’s Pub the “Heart & Soul” of the Balboa Peninsula. A gathering place for friends & family to
enjoy, one that is well steeped in the salt air and sand of the beach many of us call home.
The operators of Malarky’s Pub have demonstrated throughout the city their commitment to our community with
numerous establishments that have complemented our lifestyle. Operators that work in tandem with our city’s
officials and civic leaders to deliver on their promise of bringing value to our community.
I would like to thank the operators of Malarky’s Pub, the professionals of the city’s planning department and all of
you on the Commission for getting this item on the agenda this evening. I hope that my words tonight encourage
you to vote in support of the patio construction and evening enjoyment at Malarky’s’.
Josh Yocam
Josh Yocam
Sent from my iPhone
Planning Commission Special Meeting - June 5, 2024 Item No. 2e - Additional Materials Recevied After Deadline Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
MALARKY’S IRISH PUB OUTDOOR DINING PATIO ADDITION (PA2024-0001)
Planning Commission Public Hearing
June 5, 2024
Oscar Orozco, Assistant Planner
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
2
VICINITY MAP
30th St.
31st St.
Project
Site
Existing off-site parking easement
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
3
LAND USE
30th St.
31st St.Neighborhood Commercial
Project
Site
Two – Unit
Residential
Public
Facilities
Visitor Serving
Commercial
Mixed-Use
Cannery
Village and
15th st
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
EXISTING OPERATION
4
•1976: PC approved a use permit for a restaurant with alcoholic sales and late hours.
•1977: CC subsequently approved an off-site parking agreement.
•1997: PC amended use permit to allow the hours of operation between 7a.m. - 2 a.m.
•2011: PC approved a use permit to expand and add an outdoor patio. Applicant withdrew the application when called for review by Council.
•2020: CDD approved an emergency limited term permit for an outdoor dining patio.
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
5
Existing Condition: Covid Temporary Outdoor Dining Patio
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
PROJECT REQUEST
6
Conditional Use Permit•Remodel existing restaurant and construct a new outdoor dining patio.•Late Hours •Alcohol Service •Waive 1 parking space
Coastal Development Permit
•New patio in the coastal zone.
Tentative Parcel Map •Adjust the existing property lines to patio avoid crossing property lines.
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
EXISTING SITE
7
APN
047-060-01
047-060-06
047-060-010
Existing PL’s
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
SITE ADJUSTMENTS
8
Revised PL’s
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
9
Proposed South Elevation
Proposed East Elevation
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
10
PROPOSED FLOOR PLAN Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
PARKING
11
Parking Requirements
Proposed Project
Parking Required 47
Parking Provided 46 spaces
Parking Surplus/ Deficit - 1 space
Parking study provided by RK Engineering
• Sufficient on-site parking available
during all peak times.
• Peak demand: 43 out of 46 occupied.
•Parking Study reviewed by City Traffic
Engineer
•Condition of Approval No. 23 requires
11 bicycles stalls on property
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
OPERATIONAL CHARACTERISTICS
12
•Hours of Operation (Requested): 7 a.m. to 2 a.m., daily •No new patrons to enter after 1 a.m. •Last call for alcohol at 1:30 a.m. •Windows and doors closed after 10 p.m.•Staff recommends 7 a.m. - 11 p.m. for the outdoor dining patio.
•Alcohol Service•Continued use of Type 47 ABC License •RD 15 has high concentration of ABC licenses and higher crime rates.
Police Department
•No objection to the patio request except for closing hour
•Memo provided with conditions of approval incorporated into resolution
•If approved, must obtain Operator License from PD
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
13
CONDITIONS OF APPROVAL
11: “The hours of operation of the restaurant shall be from 7:00 a.m. to 2:00 a.m., daily. However, no new patrons shall be allowed to enter the restaurant after 1:00 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 hours of operation for the outdoor dining patio shall be 7:00 a.m. to 11:00 p.m., daily.”
13: “Prior to operation of the outdoor dining patio, the Applicant shall obtain an Operator’s License from the Newport Beach Police Department.”
31: “There shall be no live entertainment or dancing allowed on the premises.”
39: “All doors and windows of the facility shall remain closed after 10:00 p.m. except for the ingress and egress of patrons and employees.”
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
REVISED CONDITIONS OF APPROVAL
14
7. Landscape: In Compliance with Chapter 14.17
15. Future Owners: Removed given duplicate condition 25
16. Construction Activities: Removed “Saturday”
34. Pre-recorded Music: Clarifying indoor only
39. Doors/Windows: Clarifying intent
45. Security: Clarifying security staff per the security plan
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
RECOMMENDATION
15
1)Conduct a public hearing;
2)Find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to section
15301 under Class 1, and section 15305 under class 5.
3)Adopt Resolution No. PC2024-012, approving PA2024-
0001 for a CUP, CDP, TPM.
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
QUESTIONS AND DISCUSSION
16
Oscar Orozco, Assistant Planner
949-644-3319, oorozco@newportbeachca.gov
Planning Commission Special Meeting - June 5, 2024 Item No. 2f - Additional Materials Presented at the Meeting by Staff Marlarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Newport Beach Resident for over 25 Years
Married with two young daughters
USC-School of Entrepreneurship
MBA-Marshall School of Business (USC)
Second generation Restaurateur
Own and responsibly manage multiple establishments in the Newport Beach area
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Long Term Partner with the City of Newport Beach
Committed to improving and maintaining City’s quality of life
Continuously improving existing establishments to benefit next generation
Employ over 1,000 people at 16 locations throughout Orange County
Received the “Key to the City” in 2023 from City Council
Newport Beach Business Person of the Year 2022
Restaurant Operator of the Year in 2021 by OCBJ
Costa Mesa Small Business Person of the Year 2018
Invested millions of dollars on interior and exterior improvements to
multiple buildings on the Newport Beach Peninsula, and 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 Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Continue the Lounge Group’s enhancements and long-term investments on the Newport Peninsula to improve our community
Specifically, seeking an approval to invest in and improve an existing business by building a patio and renovating the entire interior and exterior of Malarky’s.
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
2010 –Purchased business, leased underlying land
2012 –Developed the adjacent vacant lot Into a parking lot with improved landscape and better traffic flow.
2021–Started preliminary meetings with City Staff for the proposed patio addition, revised plans based upon feedback from City Staff
2023-Purchased the underlying land to ensure the success of the business and renovation plans
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
NO Operator’s License issued by
Police
NO Security Plan
Unusable interior
square footage
Temporary Covid
Patio on Parking Lot
No Fire Sprinklers
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Approximately $1.5M Investment to enhance entirepropertyandpatio
Amend CUP and add CDP to allow a 1,347 square-footpatio(1,200 sq.ft. net public area) and remodel interiorspace to better utilize square footage of buildingresulting in an overall reduction of gross floor area from5,032 sq.ft.to 4,850 sq.ft.
Parcel Map to combine two adjacent parcels and adjustapropertylineofathirdparceltoformamoreusablelot
One parking stall waiver,as support by Parking Study
Keep existing hours of operations (7:00a.m.-2:00a.m.)
Install fire sprinklers to building
Add an Operator’s License and Security Plan forOperations
Egress only after 1am.
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
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 Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Professional Parking Study performed by RK Engineering Group, Inc.
Parking Study shows there is sufficient on-site parking available at all times, including peak hours
The site lends itself to shared parking due to its proximity to public parking lots, public transit, walking, bicycling and ride-sharing opportunities (Uber, Lyft)
Project will provide 11 bike stalls, which will more than offset the request for a 1 parking spot waiver
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Current CUP has 20 Conditions of
Approval
◦2am Closing
◦No Operators License or Security Plan
◦No Fire Sprinklers
Proposed CUP has 78 Conditions of
Approval
◦Includes an Operators License and Security Plan
◦1am Egress Only
◦Fire Sprinklers & Fire
Alarm System
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
The patio is being constructed to minimize noise and enhance visual appearance
The entire building and property will be improved at considerable expense
Proven Long-Term Track record
◦We own and operate multiple venues with the same
permit
◦We are here for the long haul, and we are committed to improving the community
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)
Planning Commission Special Meeting - June 5, 2024 Item No. 2g - Additional Materials Presented at the Meeting Malarky's Irish Pub Outdoor Dining Patio Addition (PA2024-0001)