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NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE WEDNESDAY, JUNE 5, 2024 SPECIAL MEETING – 6:00 P.M. I. CALL TO ORDER- 6:00 p.m. II. PLEDGE OF ALLEGIANCE – Commissioner Barto III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady Barto, Commissioner Jonathan Langford, and Commissioner
David Salene ABSENT: Commissioner Lee Lowrey
Staff Present: Assistant City Manager/Community Development Director Seimone Jurjis, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Police
Investigator Wendy Joe, Assistant Planner Oscar Orozco, Administrative Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon IV. PUBLIC COMMENTS - None V. REQUEST FOR CONTINUANCES - None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF MAY 23, 2024 Recommended Action: Approve and file Motion made by Commissioner Langford and seconded by Secretary Harris to approve the minutes of May 23, 2024. AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Lowrey
VII. PUBLIC HEARING ITEMS ITEM NO. 2 MALARKY’S IRISH PUB OUTDOOR DINING PATIO ADDITION (PA2024-0001) Site Location: 3001, 3009 and 3011 Newport Boulevard Summary:
The applicant requests a conditional use permit and 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. 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
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adjacent parcels and adjust a property line of a third parcel to construct the proposed outdoor dining patio onto a single parcel. Recommended Actions: 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). Assistant Planner Orozco used a presentation to review the vicinity and land use maps, existing operation, image of the temporary outdoor dining patio used during COVID-19, project request, existing site, site adjustments, proposed east elevation and floor plan, parking, operational characteristics, conditions of approval and revisions, and recommendation. He noted that letters of support and opposition have been provided to the Planning Commission.
In response to Commissioner Barto’s questions, Assistant City Manager Jurjis stated that Condition of Approval 15 has been stricken and Police Investigator Joe stated that any type of limited menu would be okay with the police department so as long as the restaurant characteristics are retained and the establishment does not become a club or bar at night. At the request of Vice Chair Rosene, Police Investigator Joe provided an overview of how an
operator’s license works. In response to Chair Ellmore’s question, Police Investigator Joe noted additional restrictions for this
operator regarding occupancy and security concerns. In response to Commissioner Langford’s concern for noise generation in Condition of Approval 14, Assistant City Manager Jurjis relayed the process by code enforcement to measure noise levels and challenges in noisy areas. All Commissioners disclosed ex parte communications with the applicant and applicant’s representative.
Chair Ellmore opened the public hearing. Mario Marovic, applicant, clarified that additional restrictions were during the application process for conditional use permits (CUPs) and not as a result of the operator’s license being used as a tool to add restrictions. He used a presentation to provide his personal background and proven track record,
the reason for the hearing, the project timeline, the existing project, how the Malarky’s building is shielded shields, research conducted, a traditional inspiration, the proposed project, a proven security plan, the parking study, the conditions of approval, and the conclusion. In reply to Chair Ellmore, Mr. Marovic relayed revisions to Conditions of Approval 12, 34, and 30.
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Matt Tanner opposed the matter. Jim Mosher noted a permit request for an already concentrated area and how others who have been declined may react if it is approved and inquired about the parking availability. Drew Wetherholt opposed the matter. Lou Burgess opposed the matter. Kimberlee Vandenakker opposed the matter. John Vandenakker opposed the matter.
Linda opposed the matter.
Kory Kramer supported the project and suggested considering sound impacts versus time and identifying from where the sound studies are measured. Steve Rosansky, Newport Beach Chamber of Commerce President and CEO, encouraged the Commission to support the action. Nathan Holthouser supported the project.
Wayne Smith supported the project. John Palmer supported the project. Micah Shavel supported the project.
Mr. Marovic reviewed the benefits of the project and egress only plan. In reply to Commissioner Barto, Mr. Marovic reviewed the operating hours, slow attrition exit plan,
security plan, and policies regarding patrons and alocoholic beverages outside the premises. In response to Secretary Harris’ question, Mr. Marovic stated that he has never had a violation against him or a condition rescinded in any of his 16 locations. In reply to Commissioner Langford’s question, Mr. Marovic clarified that the egress exit plan is included in the security plan which is in the conditions of approval.
Chair Ellmore closed the public hearing. Commissioner Langford liked the opportunity to modernize the property, was inclined to support the patio usage proposal, and thought the plan alleviated most public nuisance concerns. Secretary Harris reviewed the operator’s track record and thought the Commission should trust that
the operator will do the right thing for the City. Commissioner Salene acknowledged the needed renovations and patio modifications and supported the operating hours.
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Vice Chair Rosene symphathized with the residents living in a mixed-use environment, thought the Commission should support the applicant, and supported the operating hours and property enhancements. Commmissioner Barto expressed empathy for the noise issues, impacts that come with the mixed-use life reality. Chair Ellmore thought that the activity in the streets would continue to happen regardless of this application and the proposed security plan will provide guard rails and a net benefit to the public. He echoed the sentiments of his fellow Commissioners and expressed his support for the application and Conditions of Approval 12, 34, and 30. Motion made by Commissioner Barto and seconded by Commissioner Langford to approve the item with the caveat that Condition of Approval 34 is now 33 on the latest revision, Condition of Approval 30 is now 29, modifications are included for Condition of Approval 12 and 34 using the word TV, and
the clarification to Condition of Approval 30 is reflected. AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Lowrey VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 3 MOTION FOR RECONSIDERATION - None ITEM NO. 4 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Assistant City Manager Jurjis stated that the Planning Commmission will meet on June 20 for two residential home variances and then return on July 18. ITEM NO. 5 REQUESTS FOR EXCUSED ABSENCES
Vice Chair Rosene requested an execused absence on June 20. IX. ADJOURNMENT - With no further business, the meeting was adjourned by Chair Ellmore at 7:19 p.m. The agenda for the June 5, 2024, Planning Commission meeting was posted on Thursday, May 30, 2024, at 5:35 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City’s website on Thursday, May 30, 2024, at 5:20 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Tristan Harris, Secretary
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