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CITY OF NEWPORT BEACH
Planning Commission Minutes
January 23, 1997
Regular Meeting - 7:00 p.m.
Present: Commissioners Ridgeway, Kranzley, Adams, Selich and Ashley
Commissioner Gifford was excused
STAFF PRESENT:
Sharon Z. Wood, Assistant City Manager,
Community and Economic Development
Patricia L. Temple, Planning Director
Robin Clauson, Assistant City Attorney
Rich Edmonston, Transportation and Development Services Manager
Niki Kallikounis, Planning Secretary
Minutes of January?. 1997
Motion was made by Commissioner Ridgeway and voted on to approve, as written, the
January 9, 1997 Planning Commission Minutes.
Ayes: Ridgeway, Kranzley, Adams, Sellch, Ashley
Noes: none
Absent, Gifford
Abstain:
Public Comments: none
Postina of the Agenda
Ms. Temple stated that the Planning Commission Agenda was posted on Friday, January
17, 1997 outside of City Hall. A revised agenda which included Item B1 (Malarkys Pub)
was posted on Monday, January 20, 1997
Minutes
Public Comments
Posting of the Agenda
City of Newport Beach
• Planning Commission Minutes
January 23, 1997
1. SUBJECT: 2421 East Coast Highway
Orient Handel (Hashem Kermani)
• Use Permit No. 3597)
To permit the retention and continued use of a temporary storage room for the storage
and repair of fire damaged merchandise for a period of three years.
Planning Director Temple summarized the staff report and explained that the Code
Enforcement Division has continuously suggested to the applicant that the original
temporary use was extended beyond normal time limits. The applicant was advised that
a temporary use beyond ninety days requires approval from the Planning Commission.
The staff report includes a condition of note and that is the storage areas be
reconstructed in a fully enclosed nature or to allow staff the flexibility to provide for some
alternative venting situation which would provide for improved aesthetics, i.e., wood
lattice, metal railing or wrought iron.
Public hearing was opened
Mr. Hashem Kermani, 2421 East Coast Highway, applicant, in response to Commission
inquiry, stated that he has read, understands and agrees to the findings and conditions
of Use Permit No. 3597. Mr. Kermani explained the need for a three year extension for
the work of rug restoration.
• Staff clarified that this three year time period was defined by the applicant as the time
needed to complete the rug restoration and that this approval would not be extended
again.
Commissioner Ridgeway asked for clarification of damage restoration. The applicant
explained that the carpets were being repaired by his employees on site. At
commissioner inquiry, the applicant stated it would be cost prohibitive to return the
damaged carpets to either Iran or Pakistan for repairs.
Public hearing was closed.
Motion was made by Commissioner Selich and voted on to approve Use Permit No. 3597
subject to the findings and conditions in Exhibit A.
Ayes:
Ridgeway, Kranzley, Adams, Selich and Ashley
Noes:
None
Absent:
Gifford
Abstain:
None
Findings:
That the proposed development is consistent with the General Plan and is
compatible with surrounding land uses because the use is temporaryin nature and
does not fall under the definition and requirements of the FAR Ordinance.
2. That this project has been reviewed, and it has been determined that it is
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UP No. 3597
Approved
City of Newport Beach
. Planning Commission Minutes
January 23, 1997
categorically exempt from the requirementsof the California Environmental Quality
Act under Class 1 (Existing Facilities) and Class 11 (Accessory Structures).
3. The approval of Use Permit No. 3597 will not, under the circumstances of the case
be detrimental to the health, safety, peace, morals, comfort and general welfare
of persons residing or working in the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or the general welfare of the City
for the following reasons:
• As conditioned, the use will not present an unsightly condition to
surrounding properties.
• The use is temporary in nature and will be removed once repair of
damaged merchandiseis completed.
• The temporary storage areas will not increase the demand for parking on-
site or in the area.
Conditions:
1. That development shall be in substantial conformancewith the approved site plan,
floor plan and elevations, except as noted below.
2. That this approval is for the use of the storage rooms for the storage and repair of
smoke and water damaged merchandise and not to be used for general storage
of retail inventory.
• 3. That the temporary use is permitted only through July 31, 1999, when the temporary
storage rooms shall be removed and the building returned as originally approved
to replace the fire damaged structure, unless an amendment to this use permit is
approved.
4. That the storage room shall be partially or fully enclosed, with the exterior finish to
match the existing building, in a manner approved by the Planning Director.
Construction shall be completed within 60 days of the effective date of this use
permit.
5. That the storage rooms shall be maintained in good condition.
6. That a minimum of 11 on -site parking spaces shall be maintained in the lower
garage level and that all employees shall park on -site.
7. That the Planning Commission may add to or modify conditions of approval to this
Use Permit or recommend to the City Council the revocation of this Use Permit,
upon a determination that the operation which is the subject of this Use Permit,
causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
8. That this Use Pen-nit shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.80.090A of the Newport Beach Municipal Code.
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• Planning Commission Minutes
January 23, 1997
Muldoon's Irish Pub and Restaurant, (Mark H. Singer,
architect /applicant on behalf of R. & S. Schwartz, owners)
• Use Permit No. 3455 (Amended)
Request to permit an expansion and alterations of the existing pub /restaurant which
currently provides on -sale alcoholic service and an outdoor dining courtyard. The
application is a request to:
• alter the ground floor to increase the net public area with new interior dining areas,
expand the outdoor dining court, add a second bar and a game area containing
one pool table;
• increase the gross floor area to add a storage room at the ground floor;
• alter the second floor to provide a bakery and food preparation area, dining room,
billiards room, a related office and an outdoor dining deck;
• add live entertainment and dancing;
• add a valet parking service;
• continue the reduced parking requirement for the expanded net public area or
waive a portion of the required off - street parking;
• continue the waiver of specific restaurant development standards.
Mr. Jay Garcia summarized the staff report highlightingthe following:
• 1. license and c rimestatisticsin surrounding area
2. original owner /operatorsince 1974
3. parking lot is a common area governed by the Design Plaza Association of Newport
Center
4. parking requirementsand valet parking as an accessory operation
5. comparisons of proposed and previous operations
6. hours of operation
7. noise associatedwith live entertainment and dancing
Ms. Temple has suggested a revision to condition #28 regarding fire sprinkler as noted by
the applicant. The wording would contain "...as required by the Uniform Building Code
unless otherwise waived by the Building Code Board of Appeals:'
Commissioner Selich then asked Mr. Garcia to explain the parking arrangements of the
theater and the outlying zones.
Commissioner Ridgeway then inquired of the net public area as stated on page 6 of the
staff report. Discussion followed. It was felt that there was a greater flexibility of the parking
areas particularlywith the valet parking use.
Public hearing was opened.
Mr. Ron Schwartz 202 Newport Center Drive, owner, asked for 36 months for this Use Permit
to be exercised. He stated that the ground floor development will be done very promptly
but the second floor development will go in a second stage. Staff clarified that once any
portion of the approval is implemented the use permit is deemed exercised. At
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Item 2
UP No. 3455
(Amended)
Approved
• City of Newport Beach
Planning Commission Minutes
January 23, 1997
commission inquiry, Mr. Schwartz agreed to the modification of condition 28 as es
earlier. He continued stating that he has read, understands and agrees to all the
and conditions of Use Permit No. 3455.
Commissioner Ridgeway stated that this verbiage is as for as the Planning Commission can
do with regards to the sprinklers in the Uniform Building Code. He continued asking about
the parking areas and proximity of parking. Valet parking during the noon hour was
discussed.
Mr. Schwartz responded that under the CC and R's he does not have a right to valet
parking because it is all non-reserved parking. He has, however, approached fellow
owners proposing the valet system to them and set it up under a system that as long as
they are satisfied it will be done. It can be rescinded if the majority are ever dissatisfied. Mr.
Schwartz concluded the discussion by saying he would be happy to offer the valet parking
during the noon hour, but not as a condition that would shut him down as this is an issue
that he does not have full control over. The valets are parking at the far end of Zone 5 as
represented on staff report page 41. There is no charge for the valet parking.
Public hearing was closed.
Commissioner Ridgeway asked staff if there was a way to insert language addressing
continued valet parking during the noon hour. Assistant City Attorney Clauson answered
that valet parking could be required but if he loses the valet parking, he is in violation of the
• condition. Language to "encourage something" is not really a condition that could be
enforced.
Mr. Schwartz answered that would be agreeable but suggests to include the "Design Plaza
Association to continue With the valet parking ".
Ms. Clauson then suggested language to ......provide valet parking as long as it is allowed
by the Association:' If it is lost, then the application would be reviewed by the Planning
Commission.
Motion was made by Commissioner Ridgeway for approval of Use Permit 3544
(Amended), subject to the findings and other conditions in Exhibit A adding condition
number 32 that so long as the Design Plaza Association allows valet parking, Mr.
Schwartz shall continue to valet park during the noon hour Tuesday through Saturday. If
the parking is lost, this approval will come back to the Planning Commission for review.
Condition number 28 will contain the added verbiage, .....as required by the Uniform
Building Code unless otherwise waived by the Building Code Board of Appeals:'
Mr. Schwartz commented that this language does not give him leverage with the other
owners, and it puts a "cloud" over his use as it applies to the whole permit.
Chairperson Adams stated that the only "cloud" would be if the valet parking is lost, the
applicant needs to come back for review of the parking situation relative to the
expansion. This application is for a significant expansion, benefit of the doubt has been
given with one space per 50 square feet of net public area, and there is an
acknowledged parking problem in the near vicinity of the building. Valet parking is one
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January 23, 1997
way to mitigate this problem. To make this expansion right, relative to parking, valet
parking should be a component. If there was no obstacle of the Association, this
Commission would probably require the valet parking. It is being required, but if you lose
the valet parking, we are asking that you come back to the Commission for review of the
operation without it.
Commissioner Selich agreed that requiring valet parking as a condition would be out of
the applicant's control. The incentive will be to get and keep customers during the noon
hour. If parking becomes problematic, then the applicant will have to address it.
Chairperson Adams responded agreeing that if valet parking is not provided during the
noon hour, business will probably be reduced.
Commissioner Ridgeway amended his motion by deleting the valet parking. Motion now
reads for approval of Use Permit 3544 (Amended), subject to the findings and other
conditions in Exhibit A. Condition number 28 will contain the added verbiage, .....as
required by the Uniform Building Code unless otherwise waived by the Building Code
Board of Appeals:'
Ayes: Ridgeway, Kranzley, Adams„ Sellch and Ashley
Noes: None
Absent: Gifford
Abstain: None
• Findings:
1. That the Land Use Element of the General Plan designates the site for
"Administrative, Professional and Financial Commercial" uses and the proposed
development is the expansion of a restaurant, a support use within this designation.
2. That this project has been reviewed, and it has been determined that it is
categoricallyexempt from the requirements of the California Environmental Quality
Act under Class 1 (Existing Facilities).
3. That the proposal involves no physical improvements (195 sq.ft. addition) which will
conflict with any easements acquired by the public at large for access through or
use of property within the proposed development.
4. That the waiver of development standards as they pertain to walls (surrounding the
restaurant site), landscaping and lighting meets the purpose or intent of the
development standards as they apply to restaurants and the required standards
will not be achieved to any greater extent by strict compliance with those
requirements if the Planning Commission approves this application, for the
following reasons:
• The existing physical characteristics of the site are not proposed to be
altered.
• Walls would adversely impact existing public views enjoyed from Newport
Center Drive, Anacapa Drive and neighboring properties within Design
Plaza.
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That the same purpose or intent of the required walls surrounding the
property to control noise can be achieved by the restrictions requiring the
closing of door and windows in conjunction with live entertainment which
will alleviate potential noise problems.
The addition of landscaping would be at the rear of the property behind
the building which would not enhance streetscope views from Newport
Center Drive or Anacapa Drive.
The existing parking lot lighting is not proposed to be altered; there have
not been any past complaints related to lighting; and the same result can
be achieved by the redirection of existing light sources.
5. The approval of Use Permit No. 3455 (Amended) will not, under the circumstances
of the case, be detrimental to the health, safety, peace, morals, comfort and
general welfare of persons residing or working in the neighborhood or be
detrimental or injurious to property or improvements in the neighborhood or the
general welfare of the City, for the following reasons:
• The existing parking is adequate to accommodate the proposed
expansion and the remaining uses and the current on -site parking (within
Design Plaza) remains available for the existing and proposed uses on a
first come first served basis.
• As a result of the conversion of the retail and office space to additional
bar /restaurant use, the overall parking demand for the property will be
increased but is offset by parking previously allocated to the former Good
• Earth Restaurant, based on a comparison of the parking requirements for
those uses.
• Adequate provision for vehicular traffic circulation currently exists in the
common parking lot and no problems or complaints have arisen as a result
of the existing unauthorized valet parking service arrangement.
• The live entertainment, as limited by this approval is incidental and
accessory to the primary restaurant use and will not result in noise impacts
on surrounding properties and will alleviate the potential demand for
police services in the area.
• The proposal will not add a new liquor license to an over - concentrated
area, but allow the expansion of an existing business.
• The expanded establishment is anticipated to operate in generally the
same manner as the existing establishment which has resulted in a low
number of police and Department of Alcoholic Beverage Control
problems.
Conditions:
That development shall be in substantial conformancewith the approved site plan,
floor plans and elevations, except as noted below.
2. That all applicable conditions of approval of Use Permit No. 3455 as approved on
August 20, 1992, shall remain in force.
3. That the "net public area" shall be limited to a maximum of 5,687 square feet (1,065
sq.ft. of courtyard dining and 4,622 sq.ft. of interior dining and bar /lounge area).
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That a minimum of one parking space for each 50 sq.ft. of "net public area" (114
spaces) shall be provided on -site and within the adjacent parking areas located
within Design Plaza.
4. That all restaurant employees shall be required to park on -site (within Design Plaza)
at all times during the time which the restaurant is operating.
5. That during the daytime hours (prior to sunset), employees shall be directed to park
within Parking Zone No. 5 as depicted in the Parking Zone Exhibit included in the
excerpt of the Traffic and Parking Impact Study for Edwards Theater Triplex Addition
(page 12).
6. That a valet parking plan shall be submitted to the City Traffic Engineer for review
and approval prior to the continued use of the valet parking service.
7. That the hours of operation shall be limited to 5:00 a.m. to 2:00 a.m. daily, unless an
amended use permit is approved by the Planning Commission.
8. That the area outside of the food establishment, including the public sidewalks or
walkways, shall be maintained in a clean and orderly manner. That the operator
shall be responsible for the clean -up of all on -site and off -site trash, garbage and
litter generated by the use.
• 9. That all trash areas and mechanical equipment shall be shielded or screened from
public streets and adjoining properties overlooking the restaurant and shall be
sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
10. That kitchen exhaust fans shall be installed in accordance with the Uniform
Mechanical Code and approved by the Building Department. That issues with
regard to the control of smoke and odor shall be directed to the South Coast Air
Quality Management District.
11. That where grease may be introduced into the drainage systems, grease
interceptors shall be installed on all fixtures as required by the Uniform Plumbing
Code, unless otherwise approved by the Building Department.
12. That a covered wash -out area for refuse containers and kitchen equipment shall
be provided and the area shall drain directly into the sewer system unless otherwise
approved by the Building Director and Public Works Director in conjunction with the
approval of an alternative drainage plan.
13. That storage outside of the building in the front or at the rear of the property shall
be prohibited with the exception of the required trash container enclosure.
14. That all trash shall be stored within the building or within dumpsters stored in the
trash enclosure, or otherwise screened from view of neighboring properties except
when placed for pick -up by refuse collection agencies. That the trash dumpsters
shall be fully enclosed and the top shall remain closed at all times, except when
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January 23, 1997
being loaded or while being collected by the refuse collection agency.
15. That the applicant shall maintain the trash dumpsters or receptacles so as to
control odors which may include the provision of fully self contained dumpsters or
may include periodic steam cleaning of the dumpsters, if deemed necessary by
the Planning Department.
16. That a Live Entertainment Permit and a Cafe Dance Permit shall be approved by
the Revenue Division, in accordance with procedures set forth in Chapter 5 of the
Municipal Code, to allow live entertainment and dancing as incidental and
accessory to the primary use of the facility as a restaurant.
17. That the live entertainment and pre- recorded music shall be limited so that the
sound shall be confined to the interior of the structure; and further that when the
live entertainment is performed, all windows and doors within the facility shall be
closed, except when entering and leaving by the main entrance of the facility.
That the noise generated by the live entertainment shall comply with the
provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the
sound shall be limited to no more than 55 dBA at any property line. That the
applicant shall retain a qualified engineer specializing in noise /acoustics to
monitor the sound generated by the live entertainment to insure compliance
with these conditions, unless otherwise approved by the Planning Director.
• 18. That any entertainment (live, disc jockey, etc.) provided shall not disturb any
nearby business and shall not be audible outside of the building.
19. That the approval is only for the establishment of a restaurant type facility as
defined by Title 20 of the Municipal Code, as the principal purpose for the sale or
service of food and beverages with sale and service of alcoholic beverages
incidental to the food use. Further, that any event which is contemplated not to
operate with the sale or service of food and beverages as the principal purpose
(i.e., cocktail reception or mixer), shall be subject to the approval of a special
event permit issued by the Revenue Division and approved by the Police
Department. Said special event permit shall be completed and submitted to the
Revenue Division at least 30 days prior to the date of the event (unless other
arrangements are made with the City Departments), to allow adequate time for
the Police Department and other City Departments to review the application
and to impose additional conditions of approval.
20. That this approval shall not be construed as permission to allow concerts or a
theater /nightclub use as defined by the Municipal Code, unless an amendment
to this use permit is first approved by the Planning Commission.
21. That no outside event shall be conducted unless in conjunction with the service
of food.
22. That the live entertainment shall not be allowed within the second floor deck or
walkway areas.
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23. That no temporary "sandwich" signs, balloons or similar temporary signs or attention
attracting devices shall be permitted, either on -site (outside of the building) or off-
site, to advertise the establishment, unless specifically permitted. Temporary signs
shall be prohibited in the public right -of -way, unless otherwise approved by the
Public Works Department in conjunction with the issuance of an encroachment
permit or encroachment agreement.
24. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal
Code.
25. That the project shall be designed to minimize light and glare spillage onto
adjacent properties or uses. That prior to issuance of a certificate of occupancy,
the applicant shall demonstrate to the Planning Department that the exterior
lighting system has been evaluated and the light sources redirected or shielded in
such a manner as to conceal the light source and to minimize light spillage and
glare to the adjacent properties. The plans shall be prepared and signed by a
licensed Electrical Engineer acceptable to the City, with a letter from the engineer
stating that, in his opinion, this requirement has been met.
26. That no outside paging system shall be utilized in conjunction with this facility.
27. That the project shall comply with State Disabled Access requirements.
• 28. That the building shall be fire sprinklered to the satisfaction of the Building and Fire
Departments as required by the Uniform Building Code unless otherwise waived by
the Building Code Board of Appeals.
29. That the facility shall be designed to meet exiting and fire protection requirements
as specified by the Uniform Building Code and shall be subject to review and
approval by the Building Department
30. That the Planning Commission may add or modify conditions of approval to the
use permit, or recommend to the City Council the revocation of this use permit,
upon a determination that the operation which is the subject of this use permit
causes injury, or is detrimental to the health, safety, peace, morals, comfort or
general welfare of the community.
31. That this Use Permit shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.80.090A of the Newport Beach Municipal Code.
ss
ADDITIONAL BUSINESS
a.) City Council Follow -up - Assistant City Manager Sharon Wood reported at the
Council meeting on January 13, 1997, the Planning Commission's decision on the
World Oil application was called up for review with respect to the pole sign versus
the monument sign and it will be heard by the Council on February 10, 1997. The
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Additional
Business
City of Newport Beach
• Planning Commission Minutes
January 23, 1997
Council also approved the Ebell Club zone change on the first reading and it will
go back to Council for approval on January 27, 1997. The Thrifty Car Rental Use
Permit, which the Planning Commission had denied, was at the Council on appeal
and was continued to January 27,1997 with direction to staff to work on some
additional conditions of approval. The City Council has confirmed finalists to fill the
vacancy on the Planning Commission and it will be decided on January 27, 1997.
The two candidates are Diane Coltrane and Richard Fuller. There was a special
study session on January 20, 1997, at which the zoning code update was
introduced to the Council. There was not any time for discussion, but the Council
members were able to raise issues to be addressed in the staff report for the first
public hearing which will be held on January 27, 1997. A presentation by the
Balboa Peninsula Planning Advisory Committee Study was made to the City
Council.
b.) Oral report by the Planning Director regarding Outdoor Dining Permits, Specialty
Food Permits, Modification Permits and Temporary Use Permit approvals - Ms.
Temple reported that Outdoor Dining Permit for Java Centrale, 3420 Via Lido was
approved. Modification for 128 Via Undine was approved. Resubdivision for 504
Marguerite Avenue was approved. Newport Beach Lot Line Adjustment for 901,
905 and 909 Zurich Circle was approved.
b -1.J Temporary Use: Malarky'sPub,3011 Newport Boulevard
Request to allow opening hour of 9:00 a.m. for one day event.
• • Use Permit No. 1792
Planning Director Temple reported that, in response to a complaint regarding
restaurant uses in Cannery Village, a review of conditions of approval of various
restaurants in the Cannery Village area was performed. It was determined that
Malarky's Restaurant, among other establishments, was operating beyond the limits
of their use permit approval, more specifically, they were opening earlier than their
authorized hours of operation of 5 o'clock p.m. on weekdays and 12 noon on
holidays. The applicant /ownerof the restaurant has indicated to staff his intent to
apply for an amendment to his Use Permit to authorize earlier hours of operation
consistent with his standing business practice. There is insufficient time to allow for
an early opening on this up- coming Sunday, January 26, 1997. The applicant has
requested the Planning Director consider approving a temporary Use Permit to
allow him to open at 9:00 a.m. The reason for this request is due, in part, to the fact
that day is the champion game for the football league known as the Super Bowl.
Planning Director Temple noted the issue of compliance with the Conditions of
Approval of restaurants in the Cannery Village was engendered by the problems
associated with the number of alcohol beverage outlets in the area and their
extended hours of operation. It has been noted that some of the greatest alcohol
related problems are experienced in association with major sporting events. Staff is
of the opinion that the approval of extended hours in association with a major
sporting event has a greater likelihood of contributing to area wide alcohol
problems than would a normal Sunday brunch. Therefore, the approval of the
request could be determined to be detrimental to the health, safety, peace,
comfort and general welfare in the area. The sporting event in question, the Super
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January 23, 1997
Bowl, does not commence until 3 o'clock p.m. The staff is also of the opinion that
the permitted opening hour of 12 o'clock noon adequately provides for patron
activities surrounding this event. Planning Director Temple recommended that this
request be denied.
Planning Director Temple noted that a competing factor in the Commission's
determination to uphold or overrule this recommendation is the fact that the
business has opened at the early hour for a number of years and the business has
been advertising its opening hour for this coming Sunday for several weeks. This
could cause some potential patrons to loiter in the area until the opening time
which could create a nuisance. Planning Director noted that the early opening on
Super Bowl Sunday for this particular business has not created any specific or
special problems in the post. If the Planning Commission, on that basis, overrules
the Director determination, the staff has suggested three conditions of approval.
Commissioner Selich asked if Malarkey's has been regularly opening at 9 o'clock
a.m. in violation of their Use Permit? Planning Director Temple related that from the
information from Malarkey's', they have been doing so for approximately 13 years
on a regular basis.
Commissioner Kranzley asked if any of the other bars and restaurants are opening
at similar hours in Cannery Village? Planning Director Temple responded that there
• was not suffieient time to review the area completely, but there are individual
operations such as The Snug Harbor which are not subject to hours of limitation.
The only other specific event application the Planning Department has received is
not in Cannery Village but at Hooters where they plan to have outdoor cooking but
they're not planning on opening until 11 o'clock a.am.
•
Commissioner Ridgeway asked staff if this was a Public Hearing because it was not
Noticed? Planning Director Temple related that this is not the type of procedure
which requires a formal notice of a Public Hearing, rather, it is an open hearing.
She also stated they did attempt to get the word out to the greatest extent possible
as well as posting the revised Agenda. Chairman Adams stated the this items
would be open to a Public Hearing.
Chairman Kranzley asked if an analysis from the Police Department was available
regarding activities related to this or any other restaurant? Planning Director
Temple stated that there was not sufficient time to do an expanded analysis but
there was a representative from the Police Department present who could respond
to questions.
Public Hearing Opened
Bill Hamilton, Jr., Manager of Malarkey's at 3011 Newport Boulevard. Mr. Hamilton
stated that they have been operating against their Use Permit for 13 years. He
stated that they are in the process of applying for a new Use Permit. Mr. Hamilton
stated he realizes the problem with the area residents and that Malarkey's has
spent $1,000 for security and cleaning up the area, and they are addressing the
problems. He does not feel that being open the additional hours in the morning will
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add to
Commissioner Kranzley asked Mr. Hamilton if he was planning on utilizing the
security people in the morning hours. Mr. Hamilton stated he was not and will not if
required to do so because he does not think he could make the profit of $300.00
which would be the cost of providing the security people.
Commissioner Kranzley asked Mr. Hamilton how many years he has been open on
Super Bowl Sunday at 9 o'clock. Mr. Hamilton stated that every Saturday and
Sunday for the last 13 years they have been open at 9 o'clock a.m.
Commissioner Ashley asked Mr. Hamilton how long he has owned the restaurant?
Mr. Hamilton stated he is the manager and it is owned by Western Canners who
also own The Cannery, and his father is the president of that company.
Commissioner Ashley stated that, in effect, the family has been knowingly
operating in violation of the Use Permit? Mr. Hamilton stated that they were not
aware of it.
Chairman Adams asked what the nature of their advertising for the Super Bowl
was? Mr. Hamilton stated it was on their marquee and word of mouth that they
were running food specials. Chairman Adams asked, since he was requesting the
opening for the Super Bowl, was the intent that people come into the establishment
• at 9 o'clock a.m. with the thought of them staying all day? Mr. Hamilton stated
yes, and that people don't sit there and drink, they sit there and talk and watch TV.
•
Commissioner Kranzley asked Mr. Hamilton if he knows of any other bar or
restaurant that will be open at those hours. Mr. Hamilton stated he was not aware
of any.
Commissioner Selich asked what time they opened on the 18th and 19th of
January 1997? Mr. Hamilton stated he opened at 9 o'clock a.m. Commissioner
Selich asked if he opened at 9 o'clock a.m. after he was informed by the City that
he was in violation by opening at 9 o'clock? Mr. Hamilton stated he received a
letter on the 17th of January 1997; which gave them 7 days to comply.
Thomas Dixon who resides at 428 31 st Street stated the reason this issued is being
considered is because a group called The Cannery Village Association did some
research on the Use Permits of the bars and nightclubs in the area and they
discovered that Mr. Hamilton was in violation at Malarkey's and had been for some
time. Mr. Dixon strongly urges the Planning Commission to deny the request for a
temporary Use Permit.
Commissioner Kranzley asked Mr. Dixon if they have had problems on Super Bowl
Sunday in the past during the daylight hours? Mr. Dixon stated that they have, and
there are drunks in the street al all times plus noise, debris, and vandalism.
Chairman Adams asked Mr. Hamilton if he was proposing any particular drink
specials on Sunday? Mr. Hamilton stated he was not.
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• City of Newport Beach
Planning Commission Minutes
January 23, 1997
Public Hearing Closed
Commissioner Kranzley asked if there was a representative from the Police
Department present? Planning Director Temple stated that Mr. Frizzell was in the
audience. Chairman Adams asked Mr. Frizzell to come forward.
Craig Friaell, Detective, Vice Detail came forward and stated that he had just
learned of this particular topic and did not have time to prepare for it. He stated
that routinely his unit reads all the paperwork that is generated by the Department
which includes all arrests, and they log all alcohol related arrests. In reviewing his
file, he cannot find any arrests in that location on Super Bowl Sunday in the last
several years.
Commissioner Ridgeway asked if those arrests were for any type of crime?
Detective Frizzell stated they were for alcohol related crime that can be tied back
to the particular licensed location.
Commissioner Selich stated he would support the staff's recommendation. He
stated he is not particularly bothered by the additional three hours. He is more
concerned by the fact that they have been operating in that manner for 13 years.
CommissionerSelich feels that, at some point, a message must be sent out that the
Conditions of the Use Permit will be enforced. Commissioner Selich is in favor of
• supporting the staff.
Chairman Adams asked the staff when they were alerted to the fact that
Malarkey's was in violation of their Use Permit? Planning Director Temple
responded that a group of the Cannery Village homeowners did some review in
Planning Department files and provided information to the staff which was then
verified through Code Enforcement field work. Subsequent to the validation, letters
were sent out indicating the violation and giving them 7 days to bring their
operations into compliance. Planning Director Temple stated that the information
from the homeowners was received approximately five weeks ago. Upon
verification that the complaints were valid, then staff determined what the most
appropriate course to take was. Subsequently the letters were sent out.
Commissioner Kranzley stated he would sustain the Planning Director's
recommendation.
Commissioner Ashley stated that he is inclined to support the Planning Director's
recommendation. He too dislikes to interfere with an occasion like Super Bowl
Sunday, but when an applicant or an operation has been in violation of a
Condition of Approval that has been imposed, he does not see how they can
override that Condition of Approval. Commissioner Ashley feels they have to
uphold what was a requirement for that operation. As a result, his feeling is that
they have no choice but to prevent the operation from beginning before the 12
o'clock noon hour which is what is required of that restaurant on the weekend.
Commissioner Ridgeway stated that he agrees with Commissioner Selich that this
Condition was imposed some years ago and there has been a knowing violation.
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• City of Newport Beach
Planning Commission Minutes
January 23, 1997
He sees the opening of the restaurant three hours early as minor, but to be
consistent with upholding both staff and the rules, he does not feel they have any
choice and agrees with Commissioner-Ashley.
Commissioner Kranzley stated that Mr. Hamilton and his father have shown a real
leadership in the Cannery Village Restaurant task force and feels they are making
some earnest attempts to make some positive changes. Commissioner Kranzley
stated that he understands that everyone is concerned about the violations of the
Use Permit and he concurs but wanted to make that statement on behalf of both
of the Hamiltons.
Commissioner Selich made a motion to uphold the Planning Director's
recommendation.
Ayes:
Ridgeway, Kranzley,Adams, Selich, Adams
Noes:
None
Absent:
Gifford
Abstain:
None
C.) Oral report from Planning Commission's representative to the Economic
Development Committee - CommissionerSelich reported on January 22, 1977, the
EDC had a discussion on the Balboa Peninsula Planning Advisory Committee report
• and has set up a task force to review it and make recommendations to the City
Council prior to their meeting on February 10, 1997.
0
d.) Oral report from Planning Commission's representative to the Balboa Peninsula
Planning Advisory Committee - Commissioner Kranzley reported that the BPPAC
report was presented to the City Council on January 20, 1997 and it was well
received. A Community Outreach meeting will be held on February 3, 1997 at the
American Legion Hall.
e.) Matters which a Planning Commissioner would like staff to report on at a
subsequent meeting - Commissioner Selich asked about any reaction to the
parking on Newport Center Drive. Traffic Engineer Edmonston noted that no one
has called Traffic about it, but several people who go there on a regular basis have
brought up the subject of how unattractive it is. He has checked with the Police
Department in terms of the amount of enforcement and traffic citations and they
indicate they are issuing two or three citations a day, mostly in front of the Pacific
Mutual Building which is the most heavily parked. Commissioner Kranzley noted
that a good job was done.
f.) Matters which a Planning Commissioner may wish to place on a future agenda for
action and staff report - none.
g.) Requests for excused absences- Commissioner Gifford has asked to be excused
from the two meetings in February, on the 6th and 20'h
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INDEX
City of Newport Beach
Planning Commission Minutes
January 23, 1997
kkk
ED SELICH, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
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