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HomeMy WebLinkAboutPA2022-0249_20230522_Revised Desc and FindingsMay 18, 2023 PA2022-0249 1 Stag Bar + Kitchen – Use Permit Amendment 121 McFadden Place PA2022-0249 Project Description/Overview The owner of Stag Bar + Kitchen is requesting approval of an amendment to UP2018-013 to allow live entertainment, dancing and increase the allowed occupancy load for customers (not including employees) from 260 to 290. The current 260 customer occupancy limit was included in the previous planning commission approval. The requested 290 customer occupancy is the allowed building code customer occupancy based on the existing approved floor plan (Attached as Sheet A0.0). Although the live entertainment and dancing floor plans (Attached as Sheets A1.0a and A1.0b) result in a higher allowed building code occupancy, the 290-customer occupancy provides a consistent number regardless of the whether live entrainment or dancing is occurring, and is lower than what would otherwise be allowed. The request also includes a reduction of off-street parking of 8 spaces based on the increased occupancy of 30 customers. No physical expansion or alterations to the existing business or structure are proposed. The following conditions of approval are requested to be amended or deleted: • Amend Condition No. 12 to increase occupant load for customers (not including employees) to 290 customers; • Amend Condition No. 13 to remove prohibition on dancing and removal or relocation of pool tables; and • Amend Condition No. 29 to allow live entertainment and dancing. Hours of Operation Allowed Hours of Operation: 6:00am – 2:00am daily (No Change) Proposed Live Entertainment: 11:00am – 2:00am daily Proposed Dancing: 11:00am – 2:00am daily Live Entertainment Proposed live entertainment is for a DJ, solo performer, or small band. Two alternative locations for the entertainer(s) are proposed on the plans. One is toward the front to the establishment (25sqft.) while the other is located towards the rear (28.8 sqft.) The request for the alternate locations will allow the operator flexibility based on the performer, time of day and other factors. Live entertainment locations can be found on sheets A1.0a and A1.0b of the attached plans. Dancing and Dance Floor The attached plans show two dance floor configurations. The two options provide flexibility to the operator. May 18, 2023 PA2022-0249 2 1) DJ and Dancing with pool tables stored on site - Sheet A1.0a shows an approximate 122 square foot dance floor. In this configuration the pool tables are moved to accommodate the dance floor but remain in the building. 2) DJ and Dancing with pool tables stored off site - Sheet A1.0b shows an approximate 230 square foot dance floor. In this configuration the pool tables are removed to accommodate a larger dance floor. Customer Occupancy Current Customer Occupancy Maximum: 260 (Condition of Approval No. 12) Proposed Customer Occupancy Maximum: 290 (Below Building Code Allowed Occupancies for all floor plan variations) Current and Proposed Employees Occupancy: 30 Maximum The requested approvals include four floor plan variations. The table below indicates the variations and building code permitted occupancy. Although each variation allows more occupants, the request is for a maximum customer occupancy of 290 persons. Therefore, the applicant is not seeking the maximum occupancy allowed under the code. This is to reduce confusion and have base 290 customer occupancy regardless of if there is live entertainment or dancing occurring. The provided plans include four floor plan variations as described below. Table 1 Building Code – Maximum Customer Occupancy Floor Plan Layout Plans Sheet No. Dance Floor Size Live Entertainment Maximum Allowed Customer Occupancy* Existing Approved Plan-Reduced Occupancy (Lower than Building Code Standards) A0.0 None None 260 Existing Approved Plan– No Dancing/Live Entertainment A1.0 None None 299 Dance Floor/Live Entertainment (with pool tables) A1.0a 122.63 square feet Yes 295/296* Dance Floor/Live Entertainment (without pool tables) A1.0b 230 square feet Yes 311/310* *Different sized Live Entertainment areas results in different occupancy May 18, 2023 PA2022-0249 3 Reduction of Off- Street Parking Requirements With the small increase in occupancy of 30 persons for a maximum occupancy of 290 customers, an additional reduction of eight off-street parking is requested. Justification and Findings for Approval Pursuant to Title 20 of the NBMC, findings for approval of the request must be made. Additional considerations related to Alcohol Sales, Late Hours Operations are also required to be considered. 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Use Permit Justification The continued operation of the establishment is consistent with the purpose and intent of the Mixed-Use Water Related (MU-W2) land use designation of the General Plan. Although a bar is not listed as a permitted use under eating and drinking establishment uses within the Mixed-Use Water Related (MUW2) Zoning District, nonconforming uses are permitted to expand pursuant to NBMC Section 20.38.050(A) (Nonconforming Uses). The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments can be expected to be found in this area and are complementary to the surrounding commercial uses. Since the establishment maintains a valid ABC license, no increase in licenses is proposed for this Police Reporting District. Although live entertainment and dancing will be introduced, currently the establishment has an interior sound system. Volume created by the introduction of live entertainment is not expected to noticeably change. The establishment will continue to be required to adhere to applicable noise standards and close all doors and windows at 10:00 p.m. as required by the existing use permit. Additionally, the establishment is located in an active visitor serving commercial and recreation area with the beach and pier nearby. Live entertainment is not uncommon in similar areas. The operation of the eating and drinking establishment will continue to be restricted such that no new patrons would be allowed to enter after 1:00 a.m. and last call for alcohol service would occur at 1: 30 a. m., and all patrons exiting by 2:00 a.m. The closing hour is compatible with other late-night eating and drinking establishments in the area. Additionally, a revised security plan (attached) has been prepared to ensure adequate security measures are in May 18, 2023 PA2022-0249 4 place. On-site security includes procedures for occupancy counts and tracking, queuing management and video recording to deter illicit activities. Furthermore, the operator will be required to amend and maintain a valid operator license and to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance to areas surrounding the establishment. Should the operator be unable to abide by the conditions of approval the Police Department will have the authority to modify, suspend, or revoke the operator’s ability to maintain late-hour operations past 11:00 p.m. It could also reduce the occupant load and restrict live entertainment and dancing. Additionally, the operator will be required to obtain a Live Entertainment Permit and a Café Dance Permit if required by the NBMC. These provide additional tools to city management to curtail or modify these activities if they create conditions that become a nuisance or detrimental to the area. Off-Street Parking Reduction Justification The request includes an additional reduction of an additional 8 parking spaces based on the 30-person occupancy increase. Code required off-street parking is not provided by the establishment nor most establishments in the area. Parking is provided by adjacent public city parking lots and on-street parking. Additionally, the McFadden Square/Newport Pier area is historically accessed by a mix of pedestrians, bicyclists, and users of public transportation, and rideshare services in addition to private vehicles. Included with the last use permit approval related to occupancy increase, the applicant provided a parking study prepared by RK Engineering Group, Inc. The survey was conducted on Friday, April 26, 2019, and Saturday, April 27, 2019, in the evening and included 119 patrons. In summary, the survey found that only 13 percent of patrons drove a vehicle and parked within the adjacent parking lot and 87 percent of patrons arrived by a mix of carpool, rideshare, taxi, bicycle, and walking. The updated study builds on the past study and assumes a customer occupancy of 299 patrons and continued patron use of transportation modes other than personal vehicles. The analysis determined the occupancy increase will not remarkably change demand in the adjacent public parking lots and the proposed 30 customer occupancy increase can be accommodated. Please refer to the parking study prepared by RK engineering dated May 2, 2023, for complete details and analysis. Notably, the area occupied by Stag Bar has historically never provided off-street parking and since there is no increase to floor area, the parking demand it creates is the same or maybe less with the increased use and efficiency of rideshare and taxi services over the last decade. Given the number of businesses in the McFadden Square/Newport Pier area and visitors to the beach/pier visitors the visitor serving uses combined with coastal access an additional occupancy of 30 patrons will not create a noticeable change in the overall parking situation in the area. May 18, 2023 PA2022-0249 5 About the Stag Bar + Kitchen and its Ownership The Stag Bar + Kitchen is owned by Newport Taco, LLC. This property is one of several properties in the area owned by Mario Marovic. Over the past several years, Mr. Marovic, his family, and his business partners have invested millions of dollars in an effort to help revitalize the properties in and around McFadden Square. In addition to the vast financial investments they have made, Mr. Marovic has also sacrificed his personal time and resources to improve the area by founding Newport Beach’s “Bar and Tavern Association.” The Bar and Tavern Association was founded to work with City staff, residents and bar owners on areas that impact the Balboa Peninsula. The Stag Bar and Hotel first opened its doors in 1908 following the completion of the historic two story building it has called home for over a century. A storied past with a deep-rooted history adds to the charm and unique character of one of the oldest continually operating bars in southern California. Located on the Balboa peninsula at McFadden Square just steps from the Newport Beach pier, The Stag quickly became a favorite watering hole among locals and visiting tourists alike. Typical for bars of the era, The Stag was also known for card games and gambling. In addition to providing seasonal boarding to trade workers and fishermen of the nearby Dory Fleet Fish Market, legend has it the hotel rooms above the bar, at one point or another, also served as a brothel. During prohibition, at which time the name changed to the Stag Cafe, it is rumored beer was brewed and offered upstairs, while sarsaparilla and billiards kept the doors open at the bar downstairs. Following the end of prohibition in the early 1930s, The Stag was completely remodeled as a modern-day martini bar. The saloon-looking taxidermy, gun rack and spittoons gave way to more upscale fixtures, including a restyled bar and back bar with period art deco features. The dark mahogany bar was also extended to nearly 100 feet in length, making it the longest bar in the city. This is the very bar you can order a drink from today. Over the decades, The Stag became that old familiar place where everyone gathered for a drink, a game of billiards, and some good social time. Although showing its age, during the 1970s and 80s, The Stag continued its popularity to yet another generation of loyal patrons. Marking its centennial, in 2014, under Mr. Marovic’s supervision, the bar underwent a complete restoration and expansion. The restoration not only returned the bar to its former grandeur, an expansion into the adjacent Stag Liquor store provided room for new larger bathrooms, the installation of a full kitchen, and additional comfy banquette seating with patio- like ambiance overlooking the boardwalk. With completion of the expansion and remodel, the bar was rechristened The Stag Bar + Kitchen in late 2015. The rooms upstairs were also converted into luxury suites, available for weekly and seasonal rental. Enduring different stages of renovation, and expansion, today, The Stag remains better than ever after years under the same family ownership. Guests continue to enjoy their favorite beer and cocktails while socializing and shooting pool, just as they have for over a century. Only now The Stag is also filled with the infectious aroma of freshly baked pizza.