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HomeMy WebLinkAbout3.0 - The Stag Bar and Grill and the Stag Hotel - PA2013-153CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 20, 2014 Meeting Agenda Item No. 3 SUBJECT: The Stag Bar and Grill and The Stag Hotel - (PA2013 -153) 121 Mc Fadden Place Conditional Use Permit Nos. UP2013 -016 and UP2014 -005 APPLICANT: Mario Marovic PLANNER: Benjamin M. Zdeba, Assistant Planner (949) 644 -3253, bzdeba @newportbeachca.gov PROJECT SUMMARY A conditional use permit to remodel and expand an existing nonconforming bar into the abutting liquor store tenant space. The proposed expansion will include an interior dining area, a kitchen, restroom facilities, and an outdoor patio area. The proposed hours of operation are from 6:00 a.m. to 2:00 a.m. which are consistent with the existing hours of operation. The proposed expansion requires a waiver of required parking since no parking exists on site to serve the use. Also included in the request is a conditional use permit to remodel the existing, upstairs nonconforming hotel reducing the overall number of rooms from 11 to 8. The remaining rooms will be expanded to add restrooms and kitchens. RECOMMENDATION 1) Conduct a public hearing; 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2013 -016 for The Stag Bar and Grill (Attachment No. PC 1); and 3) Adopt Resolution No. approving Conditional Use Permit No. UP2014 -005 for The Stag Hotel (Attachment No. PC 2). 1 INTENTIONALLY BLANK PAGE The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 2 VICINITY MAP GENERAL PLAN / �,' , � �♦ CURRENT USE ill{ M se AL Hotel Water(Related) and Newport Pier Liquor Liquor Store NORTH MU -W2 ! / ? Food service, mixed -use, and retail uses SOUTH CV (Visitor - Serving r GENERAL PLAN ZONING Commercial) $0 Ilk A� EAST 4 A MU -W2 Parking lot, retail, office, food service uses WEST MU -W2 MU -W2 Food service, mixed -use, and retail uses, parking lot LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE M se 5e M Water(Related) Hotel Water(Related) and Newport Pier Liquor Liquor Store NORTH MU -W2 MU -W2 Food service, mixed -use, and retail uses SOUTH CV (Visitor - Serving CV (Commercial Visitor- Food service and hotel uses Commercial) Serving) EAST MU -W2 MU -W2 Parking lot, retail, office, food service uses WEST MU -W2 MU -W2 Food service, mixed -use, and retail uses, parking lot S The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 3 Project Setting and Description The subject property is located within the McFadden Square area of the Balboa Peninsula adjacent to the Newport Pier. Surrounding land uses include Rockin' Baja Lobster and 21 Oceanfront Restaurant to the south; The Blue Beet and II Farro to the west with mixed -use development beyond; and Original Pizza, TK Burger, and Barely There Swimwear to the north. The 137 - parking -space McFadden Square municipal parking lot is located adjacent to the project site. Also located within walking distance is the Newport Pier municipal parking lot which contains approximately 260 parking spaces. The property consists of two underlying lots totaling approximately 4,000 square feet in area and is developed with a single 6,600- square -foot building. The lower floor is currently developed with The District Lounge (2,506 square feet) and the Newport Pier Liquor Store (1,487 square feet). The upper floor contains 11 hotel rooms, three shared restrooms, and a shared kitchen (2,607 square feet). The development is considered legal nonconforming since it exceeds the allowable floor area ratio (0.5) and there is no parking on site. Furthermore, the bar' establishment and hotel uses are considered nonconforming since both preceded the requirement to obtain a use permit for operation. The applicant requests approval of a conditional use permit to expand the existing nonconforming eating and drinking establishment and to alter the existing nonconforming hotel. Background According to County records, the building was originally constructed in 1912. Research speculates the establishment commenced operation in 1914 as "The Stag Bar" and the hotel above has been in operation since the mid 1930s. There have been no use permits issued for either use and documentation of the hotel use is limited. Research of business license activity for the existing hotel use with the City's Revenue Division indicates a business license was acquired in 2010 for an "old hotel not currently active ". The operator has not registered the business as a hotel nor has the operator been paying transient occupancy tax (TOT) since the rooms have been occupied by patrons for more than 31 days. ' The Zoning Code classifies a "bar, lounge, and nightclub" as an "Eating and Drinking Establishment (Land Use)" within Chapter 20.70 (Definitions). A "bar" is characterized by selling or serving alcoholic beverages for consumption on the premises and holds a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 48 (On -Sale General — Public Premises)). Persons under twenty -one (21) years of age are not allowed to enter and remain on the premises. ] "Eating and drinking establishment" is used instead of "bar" for the remainder of this report. 4 The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 4 Bar Expansion and Remodel The applicant proposes to expand the existing 2,506- square -foot eating and drinking establishment into the abutting 1,487- square -foot liquor store tenant space. As part of the remodel and expansion, 476 square feet will be removed from the previous liquor store tenant space to create an outdoor patio area. The expansion will also include a smaller 206 - square -foot dining area, a 337 - square -foot kitchen area, and a 297- square- foot restroom area. The new kitchen will allow for the service of food which is not a component of the existing operation. The existing and requested hours of operation are from 6:00 a.m. to 2:00 a.m., daily. The proposed floor plan includes 80 interior seats and 49 outdoor dining seats. The existing establishment has 56 seats. The project applicant anticipates a maximum of 10 employees working a night shift for the establishment as compared to the current 8 employee night shift. Hotel Alteration and Addition As part of the overall remodel, the applicant proposes to relocate 476 square feet removed from the first floor to the hotel area on the second floor. The number of hotel rooms will decrease from 11 to 8 and each remaining room will be improved with an independent restroom and kitchen area. Currently tenants share three restrooms and one kitchen. There is no net gain in floor area to the building from this addition to the hotel. As part of the project, the applicant proposes to renovate the exterior of the building by repainting, adding a new brick veneer to the fagade, improving the existing building signage, and creating additional depth and relief by creating roof decks above the first level to serve three of the remaining hotel rooms. The approval of a conditional use permit is necessary to allow operation of the existing nonconforming eating and drinking establishment and hotel uses and to reduce the required off - street parking for the expansion of the eating and drinking establishment through the approval of a parking waiver because the subject property does not provide on -site parking. DISCUSSION Consistency with General Plan /Coastal Land Use Plan /Zoning The site is designated MU -W2 (Mixed -Use Water Related) by the General Plan Land Use Element, the Coastal Land Use Plan, and the Zoning Code which allows for eating and drinking establishments and visitor accommodations. The proposed project requires a conditional use permit to allow the expansion of the nonconforming eating and drinking establishment along with a reduction in the required off - street parking. Also included is a conditional use permit to alter the upstairs nonconforming hotel. 0 The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 5 Under the General Plan land use designation of MU -W2, the Floor Area Ratio (FAR) for the subject property is limited to 0.5 given its composition of only commercial uses. The existing FAR for the subject property is nonconforming at approximately 1.65. Inasmuch as the proposed application will not result in an increase in the floor area, the project is consistent with the Land Use Element. Land Use Policy LU6.8.2 (Component Districts) of the General Plan notes "McFadden Square should be emphasized as [one of the] primary activity centers of the northern portion of the Peninsula." Land Use Policy LU6.12.1 (Priority Uses) of the General Plan and Land Use Policy 2.1.5- 7 of the Coastal Land Use Plan state that one of the goals for the McFadden Square area is to "accommodate visitor- and local- serving uses that take advantage of McFadden Square's waterfront setting including specialty retail, restaurants, and small scale overnight accommodations ". The proposed project is consistent with this policy. The Stag Bar and Grill In reviewing the proposed project, the Zoning Code standards for late hour operations and alcoholic beverage sales were considered and the City's Police Department and Code Enforcement Division assisted in identifying potential issues. Police Department Review The Newport Beach Police Department provided staff a memorandum expressing support for the applicant's request (Attachment No. PC 6). The proposed project is located in a Police Reporting District (RD15) that is the most concentrated for retail alcohol establishments in the City and has a crime rate of 418 percent above the Citywide RD average. The Police Department recognizes the elimination of the liquor store and associated Alcoholic Beverage Control (ABC) license as a benefit to the area. Should the Planning Commission approve the applicant's request, the Police Department has recommended several conditions of approval to regulate and control potential nuisances that the establishment may create. The Police Department has also indicated that they would issue an Operator License based on the decision of the Planning Commission. Late Hours Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when reviewing an application to allow late -hour operations: 1. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses and activities; 0 The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 6 2. High levels of lighting and illumination; 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities; 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. The applicant is not proposing any live entertainment or dancing; however, amplified music through the use of an electronic stereo is currently used and will remain. A condition of approval has been included requiring the exterior doors and windows to be maintained in the closed position at all times, except for the ingress and egress purposes. Significant noise impacts from the proposed outdoor dining patio are not anticipated given its location on the eastern side of the building, its distance of approximately 300 feet from the nearest residential zoning district, and the shielding by the existing commercial buildings to the southwest. The triangular outdoor patio area is enclosed on two sides by the adjoining interior of the establishment and is open on the eastern facade, but delineated by a 6- foot -1 -inch tall glass barrier to provide sound attenuation. No new lighting is proposed with the exception of illumination for the new signage and the outdoor patio area. Existing exterior lighting exists only to illuminate the parking lot. The proposed use will not necessitate high levels of lighting or illumination and any outdoor lighting must conform to Zoning Code Section 20.30.070 (Outdoor Lighting). The project has been conditioned to require a photometric study prior to issuance of building permits for the installation of any exterior lighting on the subject property. The existing establishment currently operates until 2:00 a.m. and the new outdoor patio area is proposed to remain open until 2:00 a.m. as well. The proposed expansion is expected to increase the existing occupant load of 134 persons to 207 persons. Given the increased occupancy, increased pedestrian and vehicular activity is expected during late and early morning hours. This is a primary concern for the residential neighbors due to the potential for patrons to loiter in the parking lot and adjacent streets. Should the Planning Commission approve all or any part of the Conditional Use Permit, the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. A trash enclosure is not currently provided on -site; however, the applicant has an existing agreement with the adjoining property owner to utilize a shared trash area behind the II Farro restaurant. As conditioned, the operator will be required to maintain the trash area such that odors are controlled appropriately. Should the existing trash rW, The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 7 area be determined by the City in the future to be inadequate, the applicant will be required to increase the frequency of pickups. Alcoholic Beverage Sales When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code 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 draft resolution 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. In order to approve a use permit for alcohol sales, the Planning Commission must also find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In doing so, the following must be considered: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b) The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. c) 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. d) The proximity to other establishments selling alcoholic beverages for either off - site or on -site consumption. e) Whether or not the proposed amendment will resolve any current objectionable conditions. The establishment is located within Reporting District 15, which includes most of the commercial establishments for the Balboa Peninsula between the Newport Boulevard onramp and 201h Street. For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 7. A memorandum, which includes alcohol related statistics from 2013, is provided in Attachment No. PC 6. The Police Department supports the operation as proposed by the applicant. A discussion of the factors is provided below: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Ir The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 8 Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people) RD No. 15 175 369 5,544.99 RD No. 13 60 107 3,428.57 RD No. 14 14 14 861.01 RD No. 16 67 158 1,526.89 Newport Beach 1,625 2,382 1,903.35 The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One Crimes Rate for the City and all adjacent districts. The crime rate in this reporting district is 418 percent above the City wide reporting district average. The higher crime rate within this reporting district is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, visitor - serving uses, and the high ratio of non - residential to residential uses in RD 15. While the proposed project is located in an area that has a high concentration of alcohol licenses, staff feels it is appropriate to allow the proposed expansion of the existing eating and drinking establishment as it will eliminate the liquor store and will, therefore, eliminate an ABC license. The expanded area would provide additional seating and food options for customers and would enhance the economic viability of the business. The Police Department does not object to this project as conditioned and the business would be required to obtain an Operator License. b) The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and the adjacent reporting districts. Reporting District DUI/Drunk Arrests Total Arrests Calls for Service RD No. 15 238 439 6,229 RD No. 13 25 73 3,150 RD No. 14 3 5 681 RD No. 16 72 144 3,136 Newport Beach 759 2,265 64,672 RD 15 has a higher number of DUI /Drunk Arrests, Total Arrests, and Calls for Service recorded in 2013 compared to all adjacent reporting districts. From January 1, 2013, through September 2, 2013, the Police Department reported 67 calls for service to the subject property of which one incident was a Part One Crime and seven were Part Two Crimes 2. c) 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. 2 Part One Crimes are the eight most serious crimes as defined by the FBI Uniform Crime Report — Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny- Theft, Auto Theft, and Arson. Part Two Crimes include all other crimes. The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 9 The project site is located in a mixed -use zoning district which allows for residential uses when intermixed with nonresidential uses. The nearest residential district is located approximately 315 feet east of the project site, at the corner of West Balboa Boulevard and 21St Street. The nearest residential units are located 10 feet across the side alley to the northwest of the subject property in a mixed -use building. The existing and proposed access and new outdoor patio area are separated from existing nearby residences due to the orientation of the tenant space, which faces Newport and West Balboa Boulevards. The nearest recreational facilities, the beach and the Newport Pier, are located approximately 300 feet to the southwest of the subject property. The nearest church, Our Lady of Mount Carmel Church, is located approximately 0.5 miles to the east of the subject property along West Balboa Boulevard. The nearest school, Newport Elementary School, is located 0.7 miles to the east of the subject property along West Balboa Boulevard. The nearest daycare center, Children's Center by the Sea, is approximately 0.6 miles to the east along West Balboa Boulevard. The proposed use is surrounded by other commercial, retail, and office uses on the ground level. The draft resolution includes conditions of approval to help minimize negative impacts that the project may have to surrounding land uses and ensure that the use remains compatible with the surrounding community. d) The proximity of the other establishments selling alcoholic beverages for either off -site or on -site consumption. The location of the proposed establishment is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula including the Rockin' Baja Lobster, 21 Oceanfront Restaurant, The Blue Beet, and Baja Sharkeez, among others. The RD 15 statistics indicate an over concentration of alcohol licenses within this statistical area. Reporting District Active ABC License Per Capita RD No. 15 75 1 per 42 residents RD No. 13 6 1 per 438 residents RD No. 14 0 N/A RD No. 16 8 1 per 549 residents Newport Beach 394 1 per 217 residents The per capita ratio of one license for every 42 residents is higher than all adjacent districts and the average City -wide ratio. This is due to the higher concentration of commercial land uses, many of them visitor - serving, and lower number of residential properties in the RD 15 area. While the proposed establishment is located in close proximity to other establishments selling alcoholic beverages, staff believes the physical and operational characteristics of the proposed establishment would make the continuation of alcoholic beverage sales appropriate at this location. e) Whether or not the proposed amendment will resolve any current objectionable conditions. 10 The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 10 Expanding the existing establishment will allow the addition of food service for the convenience of customers. The City's Code Enforcement Department has not issued any recent citations nor has it received recent complaints regarding the existing operation and has no objections to the proposed expansion. The Police Department also has no objections to the operation as proposed and has expressed support for the elimination of the liquor store and related ABC license for off -sale alcoholic beverage sales. Once eliminated, the nearest off -sale alcoholic beverage license storefront will be located approximately 0.3 miles northwest (Sportsman's Liquor Store). Refer to Attachment No. PC 6 for a copy of the Police Department Recommendation. The draft resolution includes conditions of approval to limit objectionable conditions due to noise and trash at the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC - required Responsible Beverage Service (RBS) training. Approval of this application will require the operator to obtain an Operator License pursuant to Chapter 5.25 of the Municipal Code. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. Parking Requirement Pursuant to Section 20.40.040 (Off- Street Parking Spaces Required) of the Zoning Code, the bar under the eating and drinking establishment use classification requires one parking space for each four persons based on allowed occupant load (34 parking spaces), the hotel use requires one parking space per hotel unit (11 parking spaces), and the liquor store requires one parking space per 250 square feet (six parking spaces) for a total parking requirement of 51 parking spaces for the existing development. The proposed project will increase the establishment's occupancy by 73 persons thereby increasing the parking requirement by 18 parking spaces. As part of the project, the hotel rooms will be decreased from 11 rooms to 8 rooms resulting in a reduction of three required parking spaces and the liquor store will be eliminated by the proposed eating and drinking establishment expansion resulting in a reduction of six required parking spaces. Accordingly, the parking requirement for the proposed eating and drinking establishment and hotel is 60 parking spaces (see summary table below). No on -site parking is provided; therefore, the applicant requests a waiver of the nine additional parking spaces resulting from the proposed expansion. Existing Parking Requirement Proposed Parking Requirement The District Lounge 34 spaces The Stag Bar & Grill 52 spaces Newport Pier Liquor 6 s aces - The District Hotel 11 spaces The Stag Hotel 8 spaces Total 51spaces Total 60 spaces Table 1, Existing and proposed parking requirements for the subject property. 11 The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 11 Adjustment to Required Parking The applicant contracted with RK Engineering Group, Inc. to conduct a parking survey for the proposed project. The goal of the survey was to determine what modes of transportation are most prevalent for patrons to the existing establishment. The survey was conducted on Friday, December 6, 2013, and Saturday, December 7, 2013, in the evening and included a total of 164 patrons. The full parking survey has been attached as Attachment No. PC 8. In summary, the survey found that 30 percent of patrons of the existing establishment drove a vehicle and parked within the adjacent parking lot and 70 percent of patrons arrived by way of an alternative mode of transportation (i.e., carpool, taxi, bicycle, and walking). Although the results are not entirely conclusive given the brevity of the survey, staff believes it is indicative of how the majority of patrons opt for alternative modes of transportation and do not arrive by way of a single- occupant vehicle. Furthermore, the applicant conducted a field survey of available parking within the McFadden Square municipal parking lot on Friday, December 13, 2013, and Saturday, December 14, 2013, in the evening (Attachment No. PC 8). The field survey indicated a minimum vacancy rate of approximately 58 percent on Saturday evening and a minimum vacancy rate of approximately 59 percent on Friday evening. In accordance with Section 20.40.110 (Adjustments to Off - Street Parking Requirements), the Planning Commission must consider whether sufficient data is provided 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, greater than normal walk -in trade, and mixed -use development) in conjunction with a parking management program. In this case, however, a parking management program is not applicable since there is no on -site parking available. The following conditions are applicable to the proposed project, which reduce the overall parking demand of the proposed expanded establishment: • Captive Market. Land uses in the Balboa Peninsula that are within close proximity of one another generate the opportunity for shared trips. The McFadden Square area does contain on- street parking and two municipal lots that are adjacent to the property with a total of approximately 400 parking spaces. • Different Peak Periods. The proposed use will be offset from retail, office, and beach uses, which peak during the noon hour. The proposed use will coincide with peak demand for residential use of public parking and patrons of the surrounding eating and drinking establishments, which peak during the evening hours. However, the McFadden Square area offers sufficient public parking to accommodate both residential and restaurant uses during the evening hours. The likely impact between uses will primarily occur on weekend days and evening during the summer season when demand for parking is at its greatest. The overall day use will likely increase as a result of the new outdoor patio area and the service of food during the daytime hours. 12 The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 12 • High levels of pedestrian and bicycle access to the subject property limit the impact on off - street parking. The Balboa Peninsula and McFadden Square areas are characterized by a higher level of pedestrian and bicycle traffic, especially nearest to the beachfront. In a dense commercial environment with multiple uses and the Newport Pier in close proximity to the subject property, each use does not need a full supply of parking. The dense mixed -use area creates a "park- once" environment which allows patrons to park once and visit multiple destinations. For this reason, there exists the opportunity for shared trips and significant walk -in patronage from nearby residential areas. To require parking for individual uses would be infeasible due to existing development and it would be undesirable to have multiple small parking lots throughout the area. The expanded eating and drinking establishment would be compatible with the surrounding uses and parking demand would be lower due to shared trips. In conclusion, the proposed expansion is consistent with the City's goals and objectives for the McFadden Square area. Staff recommends the approval of the subject application and the reduction of the required off - street parking in conjunction. Conditional Use Permit Findings In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: 1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. The draft resolution includes conditions of approval and a requirement to obtain an Operator License administered by the Police Department to help prevent alcohol - related problems and minimize the potential effects of noise on neighboring residents to preserve the health and safety of residents and other businesses in the neighborhood. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 13 The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 13 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed use is consistent with the General Plan, Local Coastal Program Coastal Land Use Plan, and Zoning Code. The draft resolution includes conditions of approval to limit objectionable conditions due to noise, trash, and deliveries. The hours of operation are the same as the existing hours and are compatible with uses in the McFadden Square area. The eating and drinking establishment does not propose live entertainment or dancing thereby reducing the probability for the establishment to evolve into a nightclub. The establishment's location, in the heart of a commercial area within the Balboa Peninsula, is appropriate for an operation with extended hours of operation and alcohol service. Alcohol service will be provided as a convenience to the public and the addition of food service provides an additional choice for visitors. Staff believes sufficient facts exist in support of each finding. The operation of an eating and drinking 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 (MU -W2) Zoning District, nonconforming uses are permitted to expand pursuant to Zoning Code 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. Additionally, food service will be added, diversifying the existing eating and drinking establishment use and an off -sale liquor store will be removed. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments and solid waste storage, including the installation of a grease interceptor. The proposed fagade improvements will have a positive impact on the overall aesthetics and economic health of the community, and may promote further revitalization of the other commercial properties located along Newport and West Balboa Boulevards. Since the intersection of West Balboa Boulevard and McFadden Place is the primary entrance into the Newport Pier beach parking area, the improved fagade and operation would help to solidify the character of the area, and provide a compatible commercial use adjacent to the highly - traveled Newport and West Balboa Boulevards. 14 The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 14 The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. Based on the parking information provided and the characteristics of the area, staff believes adequate parking is available for the proposed operation at all times of the day. It should be noted that no on -site parking is provided and any use occupying this tenant space would be subject to the same conditions. The location and design of the outdoor patio area should buffer the nearby residential uses from any potential noise disturbances. To help ensure that the expansion of the establishment does not create a detrimental impact during late hours, the operator will be required to secure an Operator License and to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance to areas surrounding the establishment. Should the operator be unable to abide by the conditions of approval or prevent objectionable conditions from occurring, the Police Department will have the authority to modify, suspend, or revoke the operator's ability to maintain late -hour operations. With support from the Police Department, staff supports a closing time of 2:00 a.m., daily, for the eating and drinking establishment and related outdoor patio area. The location of the outdoor dining patio will help limit exterior noise impacts given the orientation of the building facing Newport Boulevard and West Balboa Boulevard. Possible noise impacts for the interior of the eating and drinking establishment will be diminished because live entertainment and dancing are not proposed. The closing hour for the establishment is compatible with other eating and drinking establishments in the area. The Stag Hotel Conditional Use Permit Findings In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 15 The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 15 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The continuation of the hotel use is consistent with the General Plan, Local Coastal Program Coastal Land Use Plan, and Zoning Code land use designations. 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. Visitor accommodations can be expected to be found in this area and similar locations and are complementary to the surrounding commercial uses. Furthermore, General Plan Land Use Policy LU6.12.1 (Priority Uses) of the General Plan states that one of the goals for the McFadden Square area is to "accommodate visitor- and local- serving uses that take advantage of McFadden Square's waterfront setting including specialty retail, restaurants, and small scale overnight accommodations ". The hotel use is consistent with this policy and its renovation and remodel would improve upon an existing visitor- and local- serving development. The hotel use has existed since the early 1900s and has operated without the benefit of a use permit. Staff has included conditions of approval in the draft resolution to ensure the hotel does not morph into illegal residential dwelling units by limiting the duration of stays and requiring registration of the business as a hotel consistent with Municipal Code Chapter 3.16 (Uniform Transient Occupancy Tax). Summary and Alternatives Staff believes the findings for approval of The Stag Bar and Grill and The Stag Hotel can be made and the facts in support of the required findings are presented in the draft resolutions (Attachment Nos. PC 1 and PC 2). The following alternatives are available to the Planning Commission should they feel the facts are not in evidence of support for the project application: 1. The Planning Commission may suggest specific operational changes that are necessary to alleviate any concerns. If any additional requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return with 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 should deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment Nos. PC 3 and PC 4). 1% The Stag Bar and Grill and The Stag Hotel March 20, 2014 Page 16 Environmental Review Staff recommends that the Planning Commission find the project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Class 1 exempts projects involving negligible or no expansion of a use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The proposed project is limited to interior improvements to convert a retail sales use to an eating and drinking establishment and involves no expansion in floor area. The number of hotel rooms will be reduced as part of the project. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners 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: &,V� Be ja i M. eba As ' tant Planner ATTACHMENTS CP, Deputy Director PC 1 Draft Resolution with Findings and Conditions (The Stag Bar and Grill) PC 2 Draft Resolution with Findings and Conditions (The Stag Hotel) PC 3 Draft Resolution for Denial (The Stag Bar and Grill) PC 4 Draft Resolution for Denial (The Stag Hotel) PC 5 Applicant's Correspondence PC 6 Police Department Memo and Revised Memo PC 7 Reporting District Map PC 8 Applicant's Parking Data PC 9 Project Plans Te m p I ate. d otx: 10/15/13 17 INTENTIONALLY BLANK PAGE 12 Attachment No. PC 1 Draft Resolution with Findings and Conditions (The Stag Bar and Grill) 19 INTENTIONALLY BLANK PAGE 20 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013 -016 FOR THE EXPANSION OF AN EXISTING NONCONFORMING BAR ESTABLISHMENT AND REDUCTION OF OFF - STREET PARKING LOCATED AT 121 MC FADDEN PLACE (PA2013 -153) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mario Marovic, with respect to property located at 121 Mc Fadden Place, and legally described as Lots 15 and 16 in Block 21 of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of Miscellaneous Maps, in the office of the County Recorder of said County requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to remodel and expand an existing nonconforming bar into the abutting liquor store tenant space. The proposed expansion will include an interior dining area, a kitchen, restroom facilities, and an outdoor patio area. The proposed hours of operation are from 6:00 a.m. to 2:00 a.m. The project requires a waiver of required parking since no parking exists on site to serve the use. 3. The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related (MU -W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Water Related (MU -W). 5. A public hearing was held on March 20, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The Class 1 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 21 Planning Commission Resolution No. Paqe 2 of 12 of use. The proposed project is limited to interior improvements to convert a retail sales use to an eating and drinking establishment and involves no expansion in floor area. Further, there will be no significant traffic impacts associated with the change of use as the Average Daily Trips (ADT) generation for a liquor store /convenience market is greater than that of the proposed project. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: A -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will ensure compatibility with the surrounding uses and minimize alcohol related impacts. A -2. The subject property is located in an area with a variety of land uses including commercial, retail, residential, and coastal resources. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. In accordance with Section 20.52.050.F (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: B -1. The General Plan land use designation for this site is MU -W2 (Mixed -Use Water Related). The MU -W2 designation applies to waterfront properties in which marine - related uses may be intermixed with general commercial, visitor - serving commercial, and residential dwelling units on the upper floors. The expanded eating and drinking establishment, which is the primary occupant of the subject property is consistent with this land use designation. Eating and drinking establishment uses can be expected to Tmplt: 03/08111 22 Planning Commission Resolution No. Pace 3 of 12 be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. B -2. Inasmuch as the proposed application will not result in an increase in the floor area ratio, the project is consistent with the Land Use Element development limitations. B -3. The proposed expansion is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts) which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. Adding food service to the existing eating and drinking establishment will diversify the use and provide an additional visitor - and local- serving convenience. B -4. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The expanded establishment will improve and revitalize the existing building and the surrounding neighborhood. B -5. The subject property is not part of a specific plan area Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: C -1. The site is located in the MU -W2 (Mixed -Use Water Related) Zoning District. The MU- W2 applies to waterfront properties in which marine - related uses may be intermixed with general commercial, visitor - serving commercial and residential dwelling units on the upper floors. Although a bar is not listed as a permitted or a conditionally permitted use within this district, the legal nonconforming use can be expanded subject to a conditional use permit pursuant to Zoning Code Section 20.38.050 (Nonconforming Uses). C -2. A bar has been operating at the subject property since the early 1900s. The proposed expansion will diversify the use by adding a kitchen, additional interior dining areas, and an outdoor patio area. C -3. The subject property does not provide on -site parking, but the proposed expansion is not anticipated to change the parking demand significantly. The McFadden Square area is adequately served by the two adjacent municipal lots throughout most of the year and the close proximity to multiple commercial uses and coastal resources will result in shared trips to the project site area. Tmplt: 03/08111 2_2� Planning Commission Resolution No. Paqe 4 of 12 Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: D -1. The operation of the eating and drinking establishment will be restricted to the hours between 6:00 a.m. and 2:00 a.m., daily. The closing hour is compatible with other late night eating and drinking establishments in the area. The Police Department has reviewed the proposed expansion and is not concerned with the later closing hour. D -2. An eating and drinking establishment has been operated in this location without the benefit of a conditional use permit since the early 1900s. D -3. The floor plan provides a new interior dining area with improved restroom facilities, a kitchen area, and an outdoor patio area. Live entertainment and dancing are not proposed. The expanded area was previously occupied by a retail liquor store. D -4. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the eating and drinking establishment is located approximately 10 feet from residential units across the alley to the northwest, the building is oriented toward Newport and West Balboa Boulevards away from the nearby mixed -use structures and the outdoor patio area will be contained by the hotel roof deck above and a 6- foot -1 -inch tall glass barrier. Activity from the establishment will be buffered from the residential uses across Newport and West Balboa Boulevards. The applicant is also required to control trash and litter around the subject property. D -5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community. D -6. The applicant is required to install a grease interceptor, provide a wash -out area that drains to the sewer line, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. D -7. The subject property is located in a relatively dense area with multiple uses within a short distance of each other. The McFadden Square area is conducive to a significant amount of walk -in patrons. The area experiences parking shortages in the day time during the summer months, but parking is typically available during the rest of the year. Two municipal parking lots and on- street parking is available in the area to accommodate the proposed use in the off - season months. Tmplt: 03/08111 24 Planning Commission Resolution No. Paqe 5 of 12 D -8. The proposed project is not expected to noticeably change the parking demand in the McFadden Square area. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: E -1. The project site is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. The existing tenant space on the subject property has historically been utilized by an eating and drinking establishment and liquor store. E -2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check and have been included in the conditions of approval. E -3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: F -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. F -2. The expanded establishment will provide dining and entertainment as a public convenience to the surrounding neighborhood and visitors to the area. This will help to revitalize the project site and provide an economic opportunity for the property owner to update the retail tenant and service, which best serve the quality of life for the surrounding visitor- and local- serving community. Tmplt: 03/08111 25 Planning Commission Resolution No. Paqe 6 of 12 F -3. The proposed use is located in a district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics reduce the demand of the expanded bar establishment and the number of parking spaces required to serve the proposed use. Adequate parking is provided in the nearby municipal lots in the off- season months and summer weekdays to accommodate the proposed use. F -4. The triangular outdoor patio area will be open on only one side facing eastward towards Newport and West Balboa Boulevards and will be delineated by a 6- foot -1- inch tall glass barrier to provide sound attenuation. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013 -016, subject to the conditions set forth in Exhibit "A ", which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MARCH, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: W Bradley Hillgren, Chairman Kory Kramer, Secretary Tmplt: 03/08111 20 Planning Commission Resolution No. Paqe 7 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Conditional Use Permit No. UP2013 -016 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 5. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to the issuance of a building permit, the applicant shall gain approval of a lot merger and said lot merger shall be recorded. 11. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only Tmplt: 03/08111 27 Planning Commission Resolution No. Paqe 8 of 12 and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 13. The hours of operation for the eating and drinking establishment including the outdoor patio area shall be limited between 6:00 a.m. and 2:00 a.m., daily. 14. That the occupant load of the eating and drinking establishment shall not exceed 207 persons, including the outdoor patio area. 15. The seating and dining in the outdoor area shall be limited to dining table height (approximately 30 inches) and table surface area of 24 inches by 30 inches minimum. The use of elevated counters, tables, and barstools are prohibited in the outdoor patio area. 16. The removal or relocation of pool tables, tables, chairs, stools, or other furniture to accommodate an area for dancing shall be prohibited. 17. The height of the boundary wall of the outdoor patio area shall be marked on the approved plans. Said boundary wall shall be a minimum height of six (6) feet. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 18. 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. 19. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 20. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. The applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 21. 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 Tmplt: 03/08111 NO Planning Commission Resolution No. Paqe 9 of 12 comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 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 Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 22. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 23. 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 Sundays or Holidays. 24. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 25. 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. 26. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter Tmplt: 03/08111 �9 Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 22. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 23. 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 Sundays or Holidays. 24. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 25. 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. 26. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter Tmplt: 03/08111 �9 Planning Commission Resolution No. Paqe 10 of 12 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 27. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 28. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick -up days. 29. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Stag Bar and Grill CUP including, but not limited to, the Conditional Use Permit No. UP2013 -016. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department 30. The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the Municipal Code. 31. The Operator License required to be obtained 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. 32. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 33. There shall be no live entertainment or dancing allowed on the premises. 34. 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. Tmplt: 03/08111 30 Planning Commission Resolution No. Paqe 11 of 12 35. 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. 36. There shall be no on -site radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 37. 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. 38. 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. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. 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. 39. Strict adherence to maximum occupancy limits is required. Fire Department 40. Exit hardware for outdoor patio area shall comply with California Building Code Section 1008. 41. Any room having an occupant load of 50 or more persons where fixed seats are not installed shall have the capacity of the room posted in a conspicuous place near the main exit from the room. 42. A fire suppression system will be required for cooking which involves the production of grease laden vapors. 43. Illuminated exit signs will be required. Emergency power shall be provided for a duration of not less than 90 minutes. Tmplt: 03/08111 31 Planning Commission Resolution No. Paqe 12 of 12 Building Division 44. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 45. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 46. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 47. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 48. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, 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 alternate drainage plan. 49. The applicant shall provide a Type I hood with a kitchen suppression system for cooking equipment. 50. Kitchen exhaust fans shall be stalled /maintained in accordance with the California Mechanical Code. A permit frorn° the South Coast Air Quality Management District shall be obtained the control of smoke and odor. 51. 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. 52. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. All exits shall remain free of obstructions and available for ingress and egress at all times. Tmplt: 03/08111 32 Attachment No. PC 2 Draft Resolution with Findings and Conditions (The Stag Hotel) 33 INTENTIONALLY BLANK PAGE RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014 -005 FOR THE ALTERATION AND ADDITION TO AN EXISTING NONCONFORMING HOTEL LOCATED AT 121 MC FADDEN PLACE (PA2013 -153) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mario Marovic, with respect to property located at 121 Mc Fadden Place, and legally described as Lots 15 and 16 in Block 21 of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of Miscellaneous Maps, in the office of the County Recorder of said County requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to remodel the existing nonconforming hotel use above reducing the overall number of rooms from 11 to 8 and to add square footage to create independent restroom and kitchen facilities within each remaining room. 3. The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related (MU -W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Water Related (MU -W). 5. A public hearing was held on March 20, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The Class 1 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 proposed project involves a 476 - square -foot addition and an alteration to reduce the number of hotel rooms in an existing hotel; therefore, there is no expansion of use. 35 Planning Commission Resolution No. Paqe 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.050.E (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The General Plan land use designation for this site is MU -W2 (Mixed -Use Water Related). The MU -W2 designation applies to waterfront properties in which marine - related uses may be intermixed with general commercial, visitor - serving commercial and residential dwelling units on the upper floors. The improved small -scale hotel is consistent with this land use designation as it will provide upgraded visitor accommodations. A -2. The proposed project will not result in an increase in the V area ratio; therefore, the project is consistent with the Land Use Element. A -3. The proposed upgrades and hotel use are consistent with General Plan Land Use Policy LU6.12.1 (Priority Uses) and Coastal Land Use Policy 2.1.5 -7 which aim to accommodate visitor- and local- serving uses that take advantage of McFadden Square's waterfront setting including specialty retail, restaurants, and small scale overnight accommodations . The hotel use is consistent with this policy and would improve upon an existing visitor- and local- serving development. A -4. The hotel use is compatible with the land uses permitted within the surrounding neighborhood. The newly upgraded hotel will help to improve and revitalize the existing building and the surrounding neighborhood. A -5. The subject property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. The existing building and hotel use precede the City's Zoning Code and, therefore, the use is considered legal nonconforming. The site is located in the MU -W2 (Mixed -Use Water Related) Zoning District. The MU -W2 applies to waterfront properties in which marine - related uses may be intermixed with general commercial, visitor - serving Tmplt: 03/08 /11 so Planning Commission Resolution No. Paqe 3 of 8 commercial and residential dwelling units on the upper floors. A hotel is listed as a permitted use within this district subject to approval of a conditional use permit. B -2. The subject property does not provide on -site parking; however, the proposed alterations to the existing nonconforming hotel will reduce the total number of hotel units thereby decreasing the intensity and parking demand. B -3. As conditioned, the operator will be required to register the business as a hotel pursuant to Municipal Code Section 3.16.060 (Registration of Hotel) within 30 days after commencing business. B -4. Consistent with Municipal Code Chapter 3.16 (Uniform Transient Occupancy Tax) and as conditioned, the operation will be subject to the transient occupancy tax requirement. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The upgraded hotel use will be compatible with the existing and allowed local- and visitor - serving uses in the vicinity. C -2. The existing nonconforming hotel units have operated without the benefit of a use permit since the early 1900s. C -3. The floor plan provides improved hotel units and improved access to those hotel units that include small closets, kitchens, restrooms, and deck areas. The proposed upgrades will activate an inactive hotel operation and will provide accommodations for visitors to the area which will serve the surrounding residential and business community. Finding: D. 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: D -1. The project site is located within an existing commercial building and is designed and developed for a hotel use. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. The existing space on the subject property has historically been utilized as a hotel. Tmplt: 03/08 /11 Planning Commission Resolution No. Paqe 4 of 8 D -2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check and have been included in the conditions of approval. D -3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: E. 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: E -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties, if directly related to the guests of the hotel. E -2. The hotel use will serve the surrounding community by offering additional visitor - serving accommodations. This will help to revitalize the project site and provide an economic opportunity for the property owner to activate the hotel. E -3. The existing nonconforming hotel units have operated without the benefit of a use permit since the early 1900s. The conditions of approval will ensure the hotel units do not become illegal dwelling units. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014 -005, subject to the conditions set forth in Exhibit "A ", which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Tmplt: 03/08 /11 W 7 Planning Commission Resolution No. Paqe 5 of 8 PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MARCH, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Bradley Hillgren, Chairman M Kory Kramer, Secretary I \ V Tmplt: 03/08111 39 Planning Commission Resolution No. Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Conditional Use Permit No. UP2014 -005 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 5. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. Prior to the issuance of a building permit, the applicant shall gain approval of a lot merger and said lot merger shall be recorded. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. Within 30 days of business commencement, the operator shall register the business as a hotel consistent with Municipal Code Section 3.16.60 (Registration of Hotel). 11. The operator shall ensure no guest of the hotel stays beyond the 31 -day maximum limitation and the hotel units shall not be operated as apartment dwelling units with long -term or short-term leases. Tmplt: 03/08 /11 40 Planning Commission Resolution No. Paqe 7 of 8 12. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 13. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 14. All proposed signs shall be in conformance with any applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 15. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 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 Sundays or Holidays. 17. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 18. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick -up days. 19. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Stag Hotel CUP including, but not limited to, the Conditional Use Permit No. UP2014 -005. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Tmplt: 03/08 /11 41 Planning Commission Resolution No. Paqe 8 of 8 Building Division 20. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. Tmplt: 03/08 /11 42 Attachment No. PC 3 Draft Resolution for Denial (The Stag Bar and Grill) 43 INTENTIONALLY BLANK PAGE 44 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2013 -016 FOR THE EXPANSION OF AN EXISTING NONCONFORMING BAR ESTABLISHMENT AND REDUCTION OF OFF - STREET PARKING LOCATED AT 121 MC FADDEN PLACE (PA2013 -153) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mario Marovic, with respect to property located at 121 Mc Fadden Place, and legally described as Lots 15 and 16 in Block 21 of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of Miscellaneous Maps, in the office of the County Recorder of said County requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to remodel and expand an existing nonconforming bar into the abutting liquor store tenant space. The proposed expansion will include an interior dining area, a kitchen, restroom facilities, and an outdoor patio area. The proposed hours of operation are from 6:00 a.m. to 2:00 a.m. The project requires a waiver of required parking since no parking exists on site to serve the use. 3. The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related (MU -W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Water Related (MU -W). 5. A public hearing was held on March 20, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 45 Planning Commission Resolution No. Page 2 _ of 2 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) of the Zoning Code, nonconforming uses may be expanded or intensified subject to the approval of a conditional use permit. The Planning Commission may approve a conditional use permit only after making each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning Commission was unable to make the required findings based upon the following: SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2013 -016. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MARCH, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Bradley Hillgren, Chairman I --ya Kory Kramer, Secretary Tmplt: 03/08111 40 Attachment No. PC 4 Draft Resolution for Denial (The Stag Hotel) 47 INTENTIONALLY BLANK PAGE 42 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2014 -005 FOR THE ALTERATION AND ADDITION TO AN EXISTING NONCONFORMING HOTEL LOCATED AT 121 MC FADDEN PLACE (PA2013 -153) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mario Marovic, with respect to property located at 121 Mc Fadden Place, and legally described as Lots 15 and 16 in Block 21 of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of Miscellaneous Maps, in the office of the County Recorder of said County requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to remodel the existing nonconforming hotel use above reducing the overall number of rooms from 11 to 8 and to add square footage to create independent restroom and kitchen facilities within each remaining room. 3. The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related (MU -W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Water Related (MU -W). 5. A public hearing was held on March 20, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and Decision) of the Zoning Code, nonconforming uses may be expanded or intensified subject to the approval of a conditional use permit. The Planning Commission may approve a conditional use permit only after 49 Planning Commission Resolution No. _ Paqe 2 of 2 making each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning Commission was unable to make the required findings based upon the following: SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2014 -005. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MARCH, 2014. AYES: NOES: ABSTAIN: ABSENT: M Bradley Hillgren, Chairman BY: Kory Kramer, Secretary Tmplt: 03/08111 u 50 Attachment No. PC 5 Applicant's Correspondence 51 INTENTIONALLY BLANK PAGE 152 PA2013 -153 - UP2013 -016 Planning Permit Application Community Development Department Planning Division 100 Civic Center Dr. / P.O. Box 1768, Newport Beach, Ca. 92658 -8915 PROJECT DESCRIPTION AND JUSTIFICATION: The project is to rehabilitate and remodel a 100 year old muh -use structure in McFadden Square. The structure is the District Lounge, one of the most historic establishments within the City of Newport Beach dating back to the early years of beachfront life. Until more modern times, the existing second story hotel units housed many of the local fishermen, residents and employees in need of minimal short term accommodations. The proposed ground floor components of the project are to expand the existing cocktail lounge by approximately 215sq feet of interior public area and add a 500sq. ft. outdoor patio. This is achieved by the elimination and demolition of the existing liquor store. The total net public interior area of the proposed improvement to the business will be approximately (2,100sq. ft). The interior theme of the bar will be modified to capture the original historic characteristic of the facility. Interior expansion and improvements include the creation of a compliant commercial food preparation area, additional seating, modify the existing seating to meet ADA requirements and construct new ADA restrooms. The second floor improvement will reduce the unit count from 11 units that share a total of three restrooms and one kitchen to 8 units that all have their own restroom and kitchen facilities. These improvement will require 500 square footage of the eliminated downstairs liquor store to transfer to the upstairs area. The current integrated property uses in place are economically viable and are not in need of economic rehabilitation. However, the owner prefers to own model properties and believes the proposed project will benefit the community. Some of the benefits of this project are: • The aesthetics of the project will be dramatically improved which is good for the business environment and aesthetic aspects of the surrounding commercial area. The value of surrounding real estate will benefit from the improvements as well. • As a visitor serving commercial use, the remodeling will require code upgrades that include but are not limited to complying with the Americans with Disabilities Act (ADA). 153 PA2013 -153 - UP2013 -016 • Adding a new kitchen facility and food service to better serve both the residents and visitors of Newport Beach. • The remodel of the hotel rooms to add individual restrooms will improve the visitor serving experience. The owner is willing to reduce the unit count from 11 to 8 units in an effort to better serve residents and guests. • The project requires the complete elimination of the existing off -sale liquor store and ABC license in the city. The existing liquor store is open till 2am every day and does not have any restrictions. • Elimination of at least 3 of the current 11 hotel units will decrease the amount of parking demand for the hotel. In summary, the rehabilitation project is a good balance of economic and environmental enhancement, not only for the property itself, but for the immediate area. 54 Additional Pertinent Information: • Lot Area: 4020.92 Sq. Ft. • Lot Width: 95.0 Ft. • Lot Depth: 74.0 Ft. • Gross Floor Area: 6684 Sq. Ft. • Floor Area Ratio: 1.66 • Building/Lot Coverage: 100 % • Building Height: 25' -6" • Landscaping: Non - Applicable • Paving: Non - Applicable • Parking: • Number of Employees: 16 • Number of Seats: 155 • Dwelling Units: 8 • Hours of Operation: 6:OOAM- 2:OOAM PA2013 -153 - UP2013 -016 55 Planning Division 100 Civic Center Dr. /P.O. Box 1768 Newport Beach, CA. 92658 -8915 Application No. Conditional Use Permit No. UP2013 -016 (PAC 2013 -153) Address 121 & 125 Mc Fadden Place Project Description and Justification Project Description- Please provide more detailed information relating to the operation of the existing hotel including answers to the following questions. 1. When was it acquired and has it been active since acquisition? Answer: The hotel has served as short term accommodations for the citizens, tourist and fisherman of the Peninsula dating back to the initial years of beachfront life in Newport Beach. The hotel was purchased in November of 2006 by McFadden Place LLC. Upon acquisition of the historic hotel, it has continued its active hotel license. Prior to acquisition and since acquisition by current applicant, the hotel has been an active use and all licenses have remained current and fees paid. 2. If so, how does it currently operate? Answer: Currently, the guests stay for 31 days or longer. Check in and occupancy coordination is handled by the hotel manager or owner. Rooms are currently very small and 10 rooms must share 2 common bathrooms. Due to the community bathrooms and small room configuration, there is more demand for long term tenancy vs short term tenancy that would generate T.O.T tax. 3. Is this operation going to change as a result of the proposed application? Answer: Yes. The proposed improvements of the property will allow the owner to market the hotel to short term transients to encourage shorter duration stays. At the conclusion of the improvements, each of the proposed rooms will have their own bathrooms and kitchens to create a demand for short term tenancy and triggering T.O.T. tax. 4. Where do patrons of the hotel check -in? Answer: Currently, patrons are to check -in in advance via on -line or telephone. The patron will schedule and appointment to meet with the hotel manager on -site where they will receive a key and be escorted to their rooms. With approval of the proposed application, the payment and check -in process will occur on -line. The patrons will continue to meet with the hotel manager upon scheduled appointment to receive an escort to the room and receive keys. 150 5. As a note, the Project Review Request (PRR) returned from the Revenue Division indicated a business license was obtained for the hotel, but it was noted by the business license applicant that it was an "old hotel not currently active' because of the current guests staying over 31 days and not being required to pay Transient Occupancy Tax (TOT). Answer: After meeting with Monique Navarrete and Hortenisa Mato of the Revenue Division on Tuesday, September 11, the applicant was able to confirm that the current licensed hotel use is valid. It is not active due to the past and current occupants of the individual hotel units agreeing to stay for a duration of 31 days or longer. Upon approval of the proposed application, the applicant will immediately register the hotel and collect a TOT tax from all transients. The hotel is currently very economically viable and is not in need of economic rehabilitation. However, the applicant prefers to own model properties and believes the community and the ownership benefit from improvement of the McFadden Square area. The applicant believes the improvements will cater to the demand for shorter term occupants which will result in more transient occupancies. In summary, the proposed improvements are a good balance of economic and environmental enhancement, not only for the property itself, but for the City of Newport Beach. 57 INTENTIONALLY BLANK PAGE MRS Attachment No. PC 6 Police Department Memo and Revised Memo 59 INTENTIONALLY BLANK PAGE 00 City of Newport Beach Police Department Memorandum September 11, 2013 TO: Benjamin Zdeba, Assistant Planner FROM: Detective Randy Parker SUBJECT: The Stag Bar and Grill, 121 McFadden Place, Use Permit No. 2013 -016, (PA2013 -153). At your request, the police department has reviewed the project application for The Stag Bar and Grill, located at 121 McFadden Place, Newport Beach. The applicant requests to expand the existing bar and lounge into the abutting liquor store tenant space. The proposed expansion will include 215 square feet of interior net public area and 500 square feet of outdoor patio area. A new kitchen area and ADA- compliant restrooms will be constructed as part of the remodel. The proposed hours of operation are 6:00 a.m. to 2:00 a.m. In addition, the applicant proposes to remodel and expand existing, nonconforming hotel units that exist above the bar and lounge space. The 500 - square -foot area to be removed for construction of the outdoor patio area will be reallocated to the hotel units above and the units will be reduced from 11 to 8. The existing 11 units currently share 3 restrooms and 1 kitchen. The 500 - square -foot addition will allow the reduced number of units to have independent restroom and kitchen facilities. The applicant currently holds a Type 48 (On Sale General — Public Premises) license, in good standing, with the Department of Alcoholic Beverage Control. I have included a report by Crime Analyst Caroline Staub that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this new location is within an area where the number of crimes is at least 418% higher than the average of all reporting districts in the City. This location is also within an RD that is over the Orange County per capita of ABC licenses. Applicant History The applicant, Mario Marovic, is a resident of Corona del Mar and has been the principle owner /operator of The Stag Bar and Grill since 2006. 01 The Stag Bar and Grill UP No. 2013 -016 The Marovic family has been in the restaurant business since 1973 with Mario first acquiring ownership in 1998. Mario Marovic also owns several other residential and commercial properties in Newport Beach, including Malarky's Irish Pub. Morovic proposes several renovations that will aesthetically improve the exterior and interior of the restaurant and hotel. Police Activities and Calls for Service Data (The Stag Bar and Grill) The below information represents the time period between January 1, 2013 through September 2, 2013: - e ynR.�rr��r����•�r� -Fights/Disturbance Calls 30 Batteries, loud music, keep the peace B &P Violations 1 Minor in Possession of Alcohol Alcohol Related Arrests 1 1 Public intoxication Officer Initiated Activity 10 Bar checks, subject/vehicle stops Misc 10 Alarm, reports, MC violations "The above table is a cursory look at calls for service. The individual details of each event have not been investigated. Recommendations The proposed location for The Stag Bar and Grill is located in RD (reporting district) 15 which is the most concentrated area for retail alcohol establishments in Newport Beach (1 ABC license for every 42 residents). Additionally, this RD had a total of 544 reported crimes as compared to a City wide reporting district average of 105 reported crimes (418% above the City wide RD average). These statistics would tend to indicate that there is a strong correlation between the over - concentration of ABC establishments and police related activity. Additionally, The Stag Bar and Grill has traditionally operated primarily as a bar between the hours of 6:00 a.m. and 2:00 a.m. Per the applicant's proposal, this will remain the same; however, an outdoor patio will be added and the interior square footage will increase which will raise the total occupancy of the establishment by 135. Despite the operator's best intentions, the Police Department believes that this change will result in an increase in police related activities and calls for police services. With that said, the addition of an outdoor patio will be taking the place of a current liquor store which has been selling alcohol until 2:00 a.m. Historically, patrons from the bars in this area congregate at this liquor store to purchase alcohol at bar closing. This has caused multiple issues as it relates to police activities and calls for police services. The Police Department believes that the elimination of this liquor store will decrease the amount of intoxicated patrons lingering in the area after bar closing. 2 02 The Stag Bar and Grill UP No. 2013 -016 The Police Department is not opposed to the addition of an outdoor patio; however, we would recommend that the outdoor patio close at 10:00 p.m., daily. We feel that these recommended hours would limit the effects that noise will have on the neighboring residential areas. It should be noted that the proposed operation will expand the existing bar and lounge into the abutting liquor store tenant space. As a result, the applicant /operator will be subject to an Operator's License issued by the Chief of Police. Should this application be approved, the Police Department recommends the following conditions: Signs and Displays Any signs or displays would need to conform to City requirements. 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. Hours of Operation The current hours of operation are from 6:00 a.m. until 2:00 a.m. The Police Department recommends that the outdoor patio close at 10:00 p.m., daily. Security The applicant shall provide licensed security personnel. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a special event permit. A special event permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include 3 The Stag Bar and Grill UP No. 2013 -016 any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the conditional use permit for the business: 1. No alcoholic beverages shall be consumed on any property adjacent the licensed premises under the control of the licensee. 2. 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. 3. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 4. There shall be no live entertainment allowed on the premises. 5. There shall be no dancing allowed on the premises. 6. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 7. Strict adherence to maximum occupancy limits is required. If you have any questions, please contact me at (949) 644 -3706. Detective Randy Parker ABC LiaisonNice /Intelligence 0 x- _4 � Dale Johnson, Captain Detective Division Commander 4 04 ep,ACg �� k i > 3 i ('4 �a 0 CC v a a N m O a N m ¢ 0 0 c � �o m N n m � o a 0 c v v 'a a a a 0 0 C C C O C V O N O1 0 N pO ti N O m N 7 O V N O M N n O O � W O ° N p r O � Ol m a a w w00 v v �I ao0 M m OMl O U � 01 U rr O m Q Gal Q � � o 3 z Q W FC Q U U o .a CC) L O U � � m a+ Q O = z N Q 3 Gal W z m U 0 CC v a a N m O a N m ¢ 0 0 c � �o m N n m � o a 0 c v v 'a a a a 0 0 C C C O C V O N O1 0 N pO ti N O m N 7 O V N O M N n O O � W O ° N p r O � Ol m a a w w00 v v ao0 M m OMl O ✓m �t N OOi Q N vt M v v N a o 00 M o ti m a a N 6 O 0 0 �n m N � n e-i ey N c-i O ti a, N a n ,ti n � 0 0 e e u to u VI M C tO >- w O c 0 a 0 v O Q N 4�- C d u O v a Qi m N Q N O Q L v a t o C n T t a ¢ t a i w E c a ; � to z ' 3 O 1 i E � ` t o m 0 j H E m u E � U i a v - a o c � v `ti t a a 0 0 � H a t N L Z F o t U N I m f J i t O O t `w 3 O E E o Y W � � v U t i v v a u z v ` a F a � U G E v � r N m ,r 0 N m N H N N N H V1 N N H N 'Q M l!1 lY N N N N N 01 N 00 N N N N N W ¢¢ O w 3 > J m u 0 H VI m m O 1' m � m a m 3 o> ° Z V a Z W Z V°°° '^ � m o V W u z C D 0 W V z C' c0 L W u z 1' D W W u z C' °° J m a Y W V W W H F> W° W C O. a a V H O o Z Q u W x J 0 Z _I 0 Z Q x CJ W a V w m m C W O F CWJ m N O V Z 0_ J o V W¢ H>>> W Z J Z d J a Z O W J 2 _c O G O a a 0 Y a t7_ a to m City of Newport Beach Police Department Nlernorandum October 17, 2013 TO: Benjamin Zdeba, Assistant Planner FRONT: Detective Randy Parker SUBJECT: The Stag Bar and Grill, 121 McFadden Place, Use Permit No. 2013 -016, (PA2013 -153). On September 11, 2013, the Police Department reviewed the project application for The Stag Bar and Grill, located at 121 McFadden Place, Newport Beach. At that time, the Police Department recommended that the outdoor patio close at 10:00 p.m., daily. On October 11, 2013, members of the Police Department met with Mr. Marovic reference the recommended hours for the outdoor patio. Mr. Marovic was very open to the Police Department's suggestions and concerns. On October 15, 2013, Mr. Marovic contacted me and stated in an effort to mitigate the Police Department's concerns, he decided to reduce his overall occupancy from 236 to 207. In the Police Department's opinion, Mr. Marovic's decision to reduce his occupancy shows his willingness to work with the Police Department and the community in an attempt to mitigate concerns voiced by the Police Department. With that said, the Police Department supports and recommends the application for The Stag Bar and Grill. If you have any questions, please contact me at (949) 644 -3706. Detective Randy Parker ABC Liaison/Vice /Intelligence Dale Johns n, Captain Detective Division Commander 07 Ali i 8 FZQ 'sS Fliliii� o It b... -.. t ..w 2 "E .P N z zAN 4NY IPII uYl � m ;J -t Fip-� 16H r� I I I I I � I � I J_:F Vi I IV. 2' }ini I ku}m" I IU: J>U11 I mm wo � R Uwl I� 02 _V a� $o N£ ^KKK �V U J 6 99N tl LL IL L' NN 016 10 N IL, LL IL IL IL IL IL IL m S 1O 5 „ 00 IQQ KN � K� p Q �yaKO� 2� 0' Q 00 an d as a 1KyK i i LLLLLL JINN N C Nryrt'(V nNQ IVmn V Is IQ 0_ ai Q_rva V�zNp� Ov�� O��m L1N?N ZNNU �% m J zLL4 Fa U J =0 �z0 a pZ_ Y -rvN m m �XWW� a N V� UQ J" ON !^izF zwwo QWWF I-ICKO LLaI 1Ia� a £FFF 0000 a�� WZZ hhh WZZ I- NaaF UFF1- It b... -.. t ..w 2 "E .P N z zAN 4NY IPII uYl � m ;J -t Fip-� 16H r� I I I I I � I � I J_:F Vi I IV. 2' }ini I ku}m" I IU: J>U11 I mm wo � R Uwl I� 02 _V a� $o N£ ^KKK �V U J 6 99N tl Attachment No. PC 7 Reporting District Map INTENTIONALLY BLANK PAGE 70 pti ' Ya INS 111 13ayyy � ,. X, 1 ` \ fjl i� � 9 C j � � N Q N d O y T U U 0 O U E N Ear m m caiE m mr� E 0 0 a 9 r N C > r l0 O N L rp C N ry a a a p N > d O O W O N O N a E m v E 0 m co 00 r` ro V N LL o� O Q U U) cu N U Z m by 0F/'CM r ' 8 = 0 i Y L � A117 INTENTIONALLY BLANK PAGE Attachment No. PC 8 Applicant's Parking Data �S INTENTIONALLY BLANK PAGE 74 engineering group, inc. transportation planning • traffic engineering acoustical engineering • parking studies LETTER OF TRANSMITTAL TO: LOUNGE GROUP DATE: December 9, 2013 121 McFadden Place JOB NO.: 2383 - 2013 -01 Newport Beach, CA 92663 SUBJECT: The Stag Bar and Grill Parking Review, City of Newport Beach ATTN: Mr. Mario Marovic WE ARE FORWARDING: By Messenger X By E -Mail By Blueprinter By Mail NUMBER OF COPIES DESCRIPTION 1 PDF of report for your use SENT FOR YOUR STATUS PLEASE NOTE Approval Preliminary X Revisions Signature X Revised Additions X Use Approved Omissions File Released Corrections REMARKS: Attached is the REVISED Stag Bar and Grill Parking Review, City of Newport Beach. Please call me at (949) 474 -0809 extension 211 if you have any questions. iS C-2 BY. Rogier Goedecke Vice President, Operations COPIES TO: RK10199TB.xls 4000 westerly place, suite 280 newport beach, california 92660 tel 949.474.0809 fax 949.474.0902 http://www'r"Ineer.com THE STAG BAR AND GRILL PARKING REVIEW City of Newport Beach, California engineering groups tr rML engineering , group, inc. December 9, 2013 Mr. Mario Marovic LOUNGE GROUP 121 McFadden Place Newport Beach, CA 92663 transportation planning • traffic engineering acoustical engineering • parking studies Subject: The Stag Bar and Grill Parking Review, City of Newport Beach Dear Mr. Marovic Introduction RK ENGINEERING GROUP, INC. (RK) is pleased to provide a parking review for the proposed Stag Bar and Grill remodeling project. The project is located at 121 McFadden Place in the City of Newport Beach. The site currently consists of approximately 2,506 square feet of lounge use (The District Lounge), 1,487 square feet of retail use (The Stag Liquor Store) and an 11 -room hotel located on the second floor above the District Lounge. Metered public parking is provided for the development and is generally shared globally with other tenants in the area. Additionally the location of the development is convenient for pedestrian, public transit and bicycle traffic during all times of the year. The peak parking demand for this location typically occurs during June, July, and August. The location map is provided in Exhibit A. Representatives of the development are proposing to remodel and expand the District Lounge which will be called the Stag Bar and Grill. The Stag Bar and Grill will remain a lounge; however, with the addition of the kitchen, food service will be added. The expanded lounge and kitchen will replace the existing Stag Liquor Store and will include approximately 500 square feet of outdoor /patio dining area. Additionally, the hotel will be remodeled and reduced by three (3) hotel rooms to consist of a total of eight (8) hotel rooms. The Site Plan is provided in Exhibit B. The following tables compare the existing and proposed changes in land use with the remodel: Existing Conditions 121 McFadden Place, City of Newport Beach Use Size Use District Lounge 2,506 Square Feet/ 134 Occupancy Lounge Liquor Store 1,487 Square Feet Retail Sales Hotel 11 Rooms Hotel 4000 westerly place, suite 280 newport beach, california 92660 tel 949.474.0809 fax 949.474.0902 http://www*jklneer.com Proposed Remodel Future Conditions 121 McFadden Place, City of Newport Beach Use Size Use Stag Bar and Grill 3,993 Square Feet/ 207 Occupancy Lounge Hotel 8 Rooms Hotel The applicant is applying to the City to remodel a historic commercial use that predates most City codes. The Conditional Use Permit requested is to accomplish a remodel of the property and to slightly re- characterize the allowed uses under the zoning to eliminate a convenience/liquor store and add a kitchen that does not currently exist for food preparation and sales to the existing lounge. The dominant use of the downstairs commercial area will remain a lounge with the addition of food service and outdoor dining. The added food service component will operate within the lounge under a newly granted operating license. In this unique situation, the application is processed under provisions of the parking code. Due to the expansion and remodel, the City of Newport Beach is requesting a parking calculation and survey to be conducted in order to calculate the parking requirements for the development and to provide data regarding which mode of transit is being utilized by visitors to the District Lounge. The purpose of this analysis is to calculate the existing parking requirements and compare them to the proposed parking requirements. Additionally, data was collected on -site via a survey to identify the modes of transportation patrons utilized while visiting the site. The location of the site offers a high volumes of bicycle, pedestrian, and taxi modes of transit. These modes of transit reduce the parking demand for the project. City of Newport Beach Parking Requirements and Calculations The parking requirements for the project have been calculated by utilizing the City of Newport Beach Parking Code for Off- Street Parking section 20.40.040. The parking code is provided in Appendix A. The remodel will replace the liquor store and will expand the lounge by approximately 1,487 square feet. The parking rate for a lounge is calculated by its occupancy. The District Lounge is currently designated as a lounge and has a calculated occupancy of 134 persons. After the remodel the lounge will have an occupancy of 207 persons. At the same time, the remodel will reduce the number of hotel rooms from eleven (11) to eight (8). RG: mnlRK 10199. doc 2 JN2383- 2013 -01 7R Parking Code Requirement Findings • Based on the City of Newport Beach Parking Code Requirements, the existing bar, liquor store, and hotel require a total of 51 parking stalls. • Taking into account the proposed changes of the development plan, the proposed site will require a total of 60 parking stalls. This will increase the number of required parking stalls for the development by nine (9) parking stalls. See Table 1 for a summary of the parking requirements for both existing and proposed conditions. "Mode of Transportation" Survey High volumes of pedestrian, taxi, and bicycle activity are common for this location and therefore reduce the parking demand for the project. The multimodal options at this location reduce the incidence of single- occupant vehicles. The City of Newport Beach Parking Code does not take into account the multi -modal options that are available to this development. In order to determine the actual parking demand for the site, a survey was conducted during the following two (2) days: 1. Friday, December 06, 2013, 3:00 PM to Close 2. Saturday, December 07, 2013 3:00 PM to Close During the course of two peak parking demand days, a total of 164 patrons were asked, as they entered the District Lounge, which mode of transportation was utilized to travel to the site. The options were: 1. Individually Drive (Self -Park) 2. Bicycle 3. Taxi 4. Walk 5. Miscellaneous (Public Transit) Parking Survey Findings • The parking survey conducted on Friday, December 6, 2013 concluded that 20 people or 35% of the patrons drove an individual car and parked at the District Lounge. Therefore, 37 people or 65% of patrons utilized another mode of transportation (bicycle, taxi, walk, and miscellaneous) • The parking survey conducted on Saturday, December 7, 2013 concluded that 29 people or 27% of the patrons drove an individual car and parked at the District Lounge. Therefore, 78 people or 73% of patrons utilized another mode of transit (bicycle, taxi, walk, and miscellaneous) RG: mn1RK 10199. doc 3 JN2383- 2013 -01 q • Taking into account both days of the survey, 49 people or 30% of the patrons drove a vehicle and parked at the District Lounge. Therefore, approximately 115 people or 70% of visitors choose another mode of transportation to the site. The actual results of the survey are located in Appendix B and a summary of the modes of transportation utilized is provided in Table 2. The parking code requirements for the project in future conditions result in a total of 52 required parking stalls for the expanded Stag Bar and Grill. Based on the results of the parking survey, approximately 70% of the visitors are utilizing alternative modes of transportation and not driving and parking vehicles at the site. Therefore, it can be concluded that given the multi -modal (bicycle, taxi, walk, and miscellaneous) options offered at this location, the parking code for this development does not indicate the actual parking demand. Conclusion Based on the parking code calculations included in this study, the proposed remodel and expansion results in an increase of required parking for the development plan by nine (9) parking stalls. However, based on the data collected via the survey, it is anticipated that the expansion will not generate additional parking stalls due to the high volumes of bicycle, pedestrian, and taxi use. RK Engineering Group, Inc. appreciates this opportunity to work with the Lounge Group on this Stag Bar and Grill remodeling project. If you have any questions regarding this review or need further clarification, please contact us at (949) 474 -0809. Sincerely, RK ENGINEERING GROUP pcic `�-V&� Robert Kahn, P.E. Principal Attachments v Rogier Goedecke Vice President, Operations RG: mnlRK7 0199, doc 4 JN:2383- 2013 -01 g� Exhibits m Exhibit A Location Map Seawater O- Oc Glass'• LL 5N Newport Architectural O- Group Newport The Crab Cruisers rI Cooker Newport L. Beach Mutt Lynch's Bongos i-' /P / /P 10/ Sportfishing Charters Level Hill Partnership .. {';\ Host Desk /. Newport Bike •, v & Beach Rental n CL 0 SITE Blackie's By the Sea Perry's Pizza II Farro � r1 Rockin' Baja Lobster rI - Coastal Cantina Newport Beach Doryman's Newport Beach m Hotel & Inn Dory Fleet 8 I N 2383 - 2013- 01(ExA) THE STAG BAR AND GRILL PARKING REVIEW, City of Newport Beach, CA C` N 6 Od 191 Cannery Village Realty Eric F Mossman Architect: Mossman Eric F rI Sol Grill Balboa Fitness •` Co Beach Hou: U-1 Rentals engineering groupoU. Exhibit B Site Plan 2383 - 2013- 01(ExB) engineering THE STAG BAR AND GRILL PARKING REVIEW, City of Newport Beach, CA groupoRp. Tables R4 O V O O V O N C O v N O U r v C S Y d s v rs m +J O Q v Z 0 O N C O C O U Y N 'k W N R H H N O CA W 3 v a v C N V U N U p o d v° v CD U u � o -p O Y � v° v f6 0 a � o c a v Y _ � U � 6 0 CL c 0 a v V �n c d N J v N N Q Q 0 V v L c z v � N C N O Q Q v � v U L z v v � o � v C m � x N V N � v o, v � E U ol O p cn 0 cc K C rn M � N � � X W "X C m d U � � O Q � T � N C J � � N N O y N � N N U L � J = H N c O C u V N O CL O CL N R H N O CA W + a v V N d CD U u -p O v° v � o c Y _ � 6 0 CL a v V � 0 v c N N Q Q U L z v � N C v o, ol 0 rn v "X W d O Q � T � N C 1 N N o_ y C N U L U O � O V_ O p N d W iSl C � � Y C C i 1 y N m _ v Ol N /0 y 25 X Fm- _O O � O _N d mm Y N z Table 2 Mode of Transportation Parking Survey Date of Survey' Modes of Transportation Utilized ---------------------------- Parked Vehicle Bike Taxi Walk Misc Total Friday, December 06, 2013 Recorded Data Points 20 10 8 14 5 57 Percentage of Total 35% 18% 14% 25% 9% Saturday, December 07, 2013 Recorded Data Points 29 25 21 28 4 4% Percentage of Total 27% 23% 20% 26% r16 Grand Total Recorded Data Points 49 35 29 42 9 Percentage of Total 30% 21.1. 18% 26% 5% 100% 1 The surveys were conducted from 3:00 PM to closing time. %:1rkta bles1RK10199TB. xls JN:2383- 2073 -07 SAM Appendices 27 Appendix A City of Newport Beach Parking Code ILI 0 u ) i 0 _T m U .Q N (D N 5 0 N 'O — 0 03 O V) a) C — C L @ O C 07 O L C .L+ p w a 7 D c a a E m m L 'E O o o x ,c Q o_j a 0 m m 'a n a) o a) m @ O O O N C N O Y c a) 3 r w m E o � m o a) Q v N a c° ° C Z E o c CO O.2 a) W C Q L U O N m m N y m m C M N M . > O m m m O Q— m N E D a) c O O d E a) D _ m a) L O N Y C 'U m >. N y L X m y O n N E Q a m m m o« m @ N m L @ .m+ � C L Q C j T V) C) w U a) ai m '3 u E o a`a) -o N c 'N .m m v, Q Q c U L C O > Q a) -a a) Co O ` a) m 'D C C @ m w U C Q N c t� a) @ L N C T O C m @ C Q 7 N m o 3 E 3° ° c 4)@ -0 -0 °Q m o c m o° _o ° c E m m =o o E a) w > c > E m U v o O >, U m a) a) @ O C u) Q a1 M c E v O m o m N a) Q O C Q Q O- a @ Q U 0 m E ° 0 o c a) m m E m � c Q E m x o m m a) m 3 c m �_ o> O O O C N c w o 3 w m U a) L a) O >' m a) (u O O c a -D m E 'D Y L y Y a) m r c M @ c CL m a) .3 a) m c m o N x a) Q m @ - N _'O_ N m N O O C « m O (a O @ a) C Q a) w N D 7.% a) C m N a) N N m C +L+ O N Y O '-' D) m E N r D C o c o @ m m o° D@ a E a) o m ) E m Q a- ) m c > o C) N a) E Q Q U C N U O @ m (c u ) CD a) a) p m d -0 C U O L V O a) m L N °O @ a) C a1 jn a) C i "2 L m m N d L N l6 0 y m Q @ O U) L O U U N 7 a1 Q y L -D E i Y m m E _m N d C a a) 'C m L N O) X m O) N m a Q �— V) T aj O > C d C m m — _ a) N Y L1J °' _ y j O C..1 U > L 3 m O OL. 7 r ° cL > a) m « O -O p "D d @ m D) O a) W c V) m N ) N « Q) p E 'O U -D E o Z m c a) c m N O ) Q a D 'O U c N O O Q W � O p a N @ D) Y O O N 0 C m O a U U _ U D a) Q O E ) d' O r L a) " O C O r m O) V — ep C a) Q m m Z a E 3 a) D N s m— c 6 Q Y W a) 7 y N m L m N a d w N i co U a° m c E 3 Q o m d 3 Q a= o L) U o a aJ N Q y W = ` a) cl' .. 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O @ N O O N N O N L F- C m E N O) C m w a C m @ m N O N a) m O a) L E C N L F @ m m U a m c 0 c 0 m C m a m Y E O a m a X a> a) T m U 'm O a 0 O L N m u, @ m @ m L i c m N m a O m C @ CL m L H a C m 0 m O m O a) U m a u, Y U O a ) 0 7 m O w m m C C a `o O 0 O O C m w 97 vi U N @ U (a `m L U @ O m `m o_ N M N �O L m m a 0 N a 0 a) B 0 o L E ° a m c m E m Y U a Y n a a C E N D — m Q a) m E m o a) cr C c o. m) c a :3 0 N a m a E m a) y m L w y m m n c C a C @ o) C Q a) C Y m a O N m a Q N N O L U CL C O O E @ @ X N N m m a) W . 0 m 0 a d a m L 3- `o N � w C4 @ m@ - m o- m 7 O' u .-. o O O o a m N (n O — O v p ? N C O U N m m Q o 00 O N C m U a) J o m @ O N O N O N U m U) y => L T O m 3 _N > N to O V >, r O O v T m U a O o z O w N (z N @ 0 O w N N m m L .3 C @ C — >— a _C m (n L 3 m — E 0 U C N N a) a m U @ m 4L, O E o O 0 a) X @ a) @ p N O o) L U m E a O O w w 0 0) (D c m m C r m O E 0) c� n. 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Box 1768 Newport Beach, CA. 92658 -8915 Application No. Conditional Use Permit No. UP2013 -016 (PAC 2013 -153) Address 121 & 125 Mc Fadden Place Parking Count Ben, December 16, 2013 Per your suggestion, the applicant conducted a parking count of the parking lot over the weekend of December 13`h and December 14`h. Please note, the parking count only consists of the adjacent lot to the property, which totals 137 parking spaces. The additional two hundred plus spaces that are located in the "Ocean Front Lot' are not included in the count. Below is the data that was collected each day at the following times; 4:OOPM, 7:OOPM and 10:OOPM. In addition to the data, pictures were taken at these time to help display the parking situation. December 13, 2013 4:00 PM December 14, 2013 4:00 PM • Total Spaces: 137 o Total Spaces: 137 • Occupied Spaces: 39(28.5%) o Occupied Spaces: 45(32.8%) • Vacant Spaces: 98(71.5%) o Vacant Spaces: 92(67.2%) 7:00 PM 7:00 PM • Total Spaces: 137 o Total Spaces: 137 • Occupied Spaces: 56(39.9%) o Occupied Spaces: 57(41.6%) • Vacant Spaces: 81(59.1%) o Vacant Spaces: 80(58.4%) 10:00 PM 10:00 PM • Total Spaces: 137 o Total Spaces: 137 • Occupied Spaces: 50(36.5%) o Occupied Spaces: 55(40.1%) • Vacant Spaces: 87(63.5%) o Vacant Spaces: 82(59.9%) ZZ0 • December 13, 2013 o 4:00 PM o 7:00 PM r f I 10:00 PM • December 14, 2013 4:00 PM 112 r ' --glob A. ,w lamp INTENTIONALLY BLANK PAGE 1-f 4 Attachment No. PC 9 Project Plans 11.E INTENTIONALLY BLANK PAGE 110 GENERAL NOTES: 1. Building not equipped with Fire Sprinklers. 2. Building not equipped with Fire Alarm System. 3. Fire extinguishers marked "FE" on plans. 4. All emergency lighting to have battery backup power supplies. ( Verify in field) S. Bottom 10" of all doors (except automatic) shall have a smooth uninterrupted surface at lower stile. (verify in field and provide metal panel at push site if req'd.) 6. Maximum effort to operate doors with closers shall not exceed 5 Ibs unless fire rated doors which may increase to 15 Ibs. 7. Min. of 10 handicapped accessible seating locations required. (207x5 %) 8. Accessible fixed counter and table tops require 27" clear height min. 30 "wX19 "d 9. Tables and counter tops shall be at least 28" a.f.f. and no more than 34" h. 10. Signage at doors to sanitary facilities: Men- Equilateral triangle Y," thick, 12" ea. Side pointing upwards, centered on doors at 60 "h. Color and contrast per section 111513.6, CBC 2010. Women - Y4" thick, 12" diameter circle, centered on doors at 60"h. Color and contrast per section 11158.6, CBC 2010. 11. When Signs identify permanent rooms and spaces of a building or site they shall comply with 2010 CBC 1117.8.5.2, 1117B.5.3, 1117.B.5.5, 1117.8.5.6, 11178.5.7. 12. Provide tactile signage at exits per CBC 1011.3, see plan for locations. 13. Maximum Occupant load shall be posted in dining area per section 1004.3, CBC 2010. 14. Existing HVAC to remain - Existing condenser units are located on roof above and not to be changed. Supply Air Vents and Return Air Grills are existing and to remain. New HVAC Unit to be provided for new office space per Sheets AC -1, AC -2, AC -3. 15. Kitchen - All kitchen equipment is new and described on sheets FS -1 through -FS -4 and FSV -1. 16. Parking- Existing and proposed are shown on Table 1 Existing and Proposed Parking Code. 17. Restrooms- Existing Non - Accessible restrooms to be replaced with Accessible restrooms per plans (see sheet A2.1): a. Men's to have 1 Accessible toilet stall with 3 urinals and 2 lavatories. b. Women's to have 1 Accessible toilet stall and 2 non - accessible toilet stalls with 2 lavatories. SCOPE OF WORK: TENANT IMPROVEMENT PROJECT TO INCLUDE: 1. REMOVAL OF EXISTING LIQUOR STORE TENANT AND EXPANSION OF THE STAG BAR AND GRILL WITH A NEW OPENING BETWEEN TO INCLUDE A KITCHEN AND 500 PATIO DINING AREA. 2. REMOVAL OF EXISTING NON - COMPLIANT RESTROOMS AND REPLACEMENT WITH AN ACCESSIBLE WOMEN'S RESTROOM WITH 3 TOILET STALLS AND 2 LAVS AND TO CREATE AN ACCESSIBLE MEN'S RESTROOM TO INCLUDE 3 URINALS, 1 TOILET STALL AND 2 LAVS TO BENEFIT ALL CUSTOMERS. 3. REDUCTION OF CURRENT HOTEL CAPACITY FROM 11 TO 8 ROOMS AND NOW PROVIDING KITCHENS AND BATHROOMS FOR EACH UNIT INSTEAD OF 2 SHARED BATHROOMS. 4. NEW HVAC UNIT AND DUCTWORK AS REQUIRED BY CODE. 5. NEW ELECTRICAL AS REQUIRED BY CODE. 6. NEW PLUMBING AS REQUIRED BY CODE. 7. NEW ACCESSIBLE LIFT AS REQUIRED BY CODE. 8. ALL SIGNAGE TO BE UNDER SEPARATE REVIEW AND SUBMITTAL. PLUMBING FIXTURES ANALYSIS STAG BAR RESTROOM FIXTURE CALCULATIONS 3/6/2514 PLUMBING FIXTURES AND FIXTURE FITTINGS TYPE OF BUILDING' WATER CLOSETS14 URINALS41° LAVATORIES BATHTUBS OR DRINKING FOUN- OR OCCUPANCY (FIXTURES PER PERSON) (FIXTURES PER PERSON) (FIXTURES PER PERSON) SHOWERS TAINSstx11 A1.2 DISTRICT /LIQUOR (LOWER) DEMOLITION PLAN rl (FIXTURES PER (FIXTURES PER DISTRICT HOTEL (UIPPER) DEMOLITION PLAN Nexpon Rake F' A2.1 PERSON) PERSON) �G� - "9r A2.2 STAG HOTEL (UPPER) FLOOR PLAN TamN. Newaon A2.3 Restaurants, pubs, Male Female Male Male Female EXTERIOR ELEVATIONS c and loungesn'15 1: 1 -50 1: 1 -50 2: 51 -150 2: 51 -150 1: 1 -150 Over 150, add I fixture 1: 1 -150 1: 1 -150 2: 151 -200 2: 151 -200 A4.1 BUILDING SECTIONS 3: 151 -300 4: 151 -304 for each additional I50 3: 201 400 3:20100 INTERIOR ELEVATIONS Na kK _ arlrKSe° �, Over 300, add 1 fixture for males. Over 400, add I fixture ti 7 each additional 200 per- for each additional 400 FOOD SERVICES FLOOR PLAN, NOTES & EQUIP. SCHED. sons. FOOD SERVICES EQUIPMENT SCHED & FINISH SCHED. persons. FS -3 2010 CALIFORNIA PLUMBING CODE WATER TOTALOCCUPANTS= 207 CLOSETS URINALS LAVATORIES FEMAIF(50 %)- 103.5 2 D 1 MALE (50%) - 103.5 2 1 1 PROPERTY INFO: PROPERTY ADDRESS: THE STAG BAR AND GRILL (FORMERLY THE DISTRICT LOUNGE) & THE DISTRICT HOTEL 121 MCFADDEN PLACE NEWPORT BEACH, CA 92663 BUSINESS OWNER: THE DISTRICT LOUNGE 121 MCFADDEN PLACE NEWPORT BEACH, CA 92663 ATTN: MARIO MAROVIC 949 -67S -2340 - BUSINESS 949 -813 -5683 - MOBILE DESIGNER: STEVE HOPKINS, CADD SERVICES 26191 CAMINO ADELANTO MISSION VIEJO, CA 92691 TEL: 949 -859 -7385 STRUCTURAL ENGINEER: NADER RASTEGARI, NADER STRUCTURAL GROUP 1150 E. ORANGETHORPE, p111A PLACENTIA, CA 92870 TEL: (714) 632 -1865 ELECTRICAL ENGINEER: J. NASR ENGINEERING, INC. - ELECTRICAL ENGINEERS 1411 BATAVIA ST., SUITE 220 ORANGE, CA 92867 ATTN: JOSEPH NASR TEL: (714)289 -2621 PLUMBING & MECHANICAL ENGINEER: SB&A CONSULTING ENGINEERS, INC. 3920 EAST CORONADO ST., SUITE 207 ANAHEIM, CA 92807 ATTN: KRIS SHARMA, P.E. TEL: (714)666 -8080 VICINITY MAP WA 99 CADD SERVICES PROJECT SHEET LIST San Juan Capistrano, CA 92675 (949) 859 - 7385 - office AD.1 COVER SHEET & PROJECT DATA A1.1 SITE PLAN q A1.2 DISTRICT /LIQUOR (LOWER) DEMOLITION PLAN rl A1.3 DISTRICT HOTEL (UIPPER) DEMOLITION PLAN Nexpon Rake F' A2.1 STAG BAR (LOWER) FLOOR PLAN B Beach Rental ' �G� - "9r A2.2 STAG HOTEL (UPPER) FLOOR PLAN TamN. Newaon A2.3 ROOF PLAN 1z ae, ry. tit° i A3.1 EXTERIOR ELEVATIONS c A3.2 EXTERIOR ELEVATIONS ® P�rr A4.1 BUILDING SECTIONS s en Rewron a Pier Liquor _ 4- A5.1 INTERIOR ELEVATIONS Na kK _ arlrKSe° �, A6.1 DOOR & WINDOW SCHEDULES m°diFWaL ti 7 Lounge �. FS -1 FOOD SERVICES FLOOR PLAN, NOTES & EQUIP. SCHED. FS -2 FOOD SERVICES EQUIPMENT SCHED & FINISH SCHED. Pe,rya OLeno "� FS -3 FOOD SERVICES EQUIPMENT PLUMBING REQUIREMENTS Rockin'6aja Lobster / s FS -4 FOOD SERVICES EQUIPMENT ELECTRICAL REQUIREMENTS r1 - Corwul Camino c NeW°°n Beeh' a FSV -1 FOOD SERVICES EQUIPMENT VENTILATION REQUIREMENTS wl , C + GRILL AND E -0 ELECTRICAL GENERAL NOTES, SYMBS, SCHEDS & T24 REMODEL 121 + 125 McFADDEN PLACE E -1 ELECTRICAL PLAN £t Dcea°1mnl 7i; - REVISIONS E -2 ELECTRICAL ROOF PLAN Doryiven'° W Howl&inn h the property and copyright of the Architect and shall neither be used on any other work nor be AC -1 A.C. SOECS., SCHEDULES, NOTES & DETAILS p b a„I, ., AC -2 NEW 1ST FLOOR A.C. PLAN DRAWN BY ca` AC -3 NEW 2ND FLOOR A.C. PLAN ISSUE DATE "a, AC -4 NEW ROOF A.C. PLAN GENERAL NOTES P -1 PLUMBING SPECS., SCHEDULES, NOTES & DETAILS P -2 1ST FLOOR PLUMBING DEMOLITION PLAN P -3 NEW 1ST FLOOR PLUMBING PLAN (WASTE, VENT & GAS) P -4 NEW 1ST FLOOR PLUMBING (HOT & COLD WATER) P -5 NEW 2ND FLOOR PLUMBING (WASTE & VENT SYSTEMS) P -6 NEW 2ND FLOOR PLUMBING (HOT /COLD WATER & GAS) EN -1 ENVELOPE T -24 ENERGY FORMS EN -2 MECHANICAL TITLE -24 ENERGY FORMS SIN GENERAL NOTES,TYPICAL FRAMING DETAILS S -1 FOUNDATION PLAN, NOTES & DETAILS S -2 FLOOR FRAMING PLAN, NOTES & DETAILS S -3 ROOF FRAMING PLAN, NOTES & DETAILS SD -1 STRUCTURAL DETAILS SD -2 STRUCTURAL DETAILS SD -3 STRUCTURAL DETAILS STREET - FACING PERSPECTIVE N.T.S. STEVE HOPKINS WA 99 CADD SERVICES 31565 Calle Arroyo San Juan Capistrano, CA 92675 (949) 859 - 7385 - office (949) 861 - 0464- mobile caddmanl @cox.net - email N 01 V N N � P P O. O• X (D 0 QL 73 0 c 0 4- C/') US 0 L. `0 ti 7 ai P- o 0� L N a m oU O d w c 0 m _a THE STAG BAR + GRILL AND THE STAG HOTEL REMODEL 121 + 125 McFADDEN PLACE NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS 2/7/14 - ELEVATOR + MECH All designs, ideas, arrangements and plans indecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2013 -06 DRAWN BY S.H. CHECKED BY N.R. ISSUE DATE 12/20/13 SHEET TITLE COVER SHEET AND GENERAL NOTES A0.1 227 INTENTIONALLY BLANK PAGE zzg RESTROOMS NNOF SINK AREA =265 S.F. m� OFF I GE/L 1 QUOR STOR. I$ WALK I N = 156 S.F. EXIT HALL =45 5.F IOE MAOHINO STOR DRY FD. STOR=�25 5 lr)17 (E) METAL FIRE ESCAPE BALCONY ABOVE 36" WIDTH W/STEEL FRAMING, METAL MESH FLOOR 42 H. PAILIN65 SCREENED WINO SPACE ALLOWING 4" SPHERE TO PA56 THROUGH PHOTO OF (E) FIRE ) =50APE 5TAIR5 0 4 1 iii cu ,u ELEC. RM. Flo 15.41 4 OFFICE 4 LIQUOR 5TOR. 8' -112" (E) BEER WALK -IN 3 It \— TACTILE EXIT SIGN TO iAY -EXIT" KSRAILLE I'm - Q z O � NEW DRY FOOD 5TORAGE �r CADD SERVICES 31565 Calls Arroyo San Juan Capistrano, CA 92675 (949) 859 - 7385 -office (949) 861- 0464 - mobile caddman1 @cox.net - email =I c� `Q %Q I N ow PUBLIC AREA CALCULATION r GRO55 AREA CALCULATIONS ® s ~ — 0 5TA6 BAR POLIO AREA LOMR LEVEL C) K T� N WALK= I N AREA 556.E S.F. EXISTING AREA NEW ARE A I 124117 S.F. 07 S.F. (E) STAG BA R 2506 S.F. (E) LIQUOR STORE 487 S.F. >� o \ �0 or� m or a oU 0`a w NEW AREA 2 = 206 S.F. �a THE DISTRICT HOTEL REMODEL 120 McFADDEN PLACE NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS 2/7/14 - ELEVATOR + MECH 3/6/14 - AREA RECALC All designs, ideas, arrangements and plans indecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the jab site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. (E) LOWER AREA = 3443 S.F. PROJECT NO. 2013 -06 DRAWN BY S.H. CHECKED BY M.M. ISSUE DATE 12/20/13 SHEET TITLE 18T LEVEL FLOOR PLAN A2.1 PUBLIC AREA = 1610 S.F. LE55 PATIO = -476 S.F. ® NEW LOWER AREA = 3517 S.F. \ OCCUPANCY CALCULATIONS UPPER LEVEL \ SEATED OCCUPANCY (E) DISTRICT HOTEL = 2607 S.F. OXI ,y6X1 EXISTING INSIDE SEATS 56 (NENU ADDED AREA = +476 S.F. d WALKIN NEW INSIDE SEATS +24 COOLER \ NEW OUTSIDE PATIO SEATS +4q NEW UPPER AREA = 3083 S.F. TOTAL SEATED OCCUPANCY 124 EXISTING GROSS AREA SUMMARY 60X1 (E) LOWER AREA = 3443 S.F. XI WORKTO STANDING OCCUPANCY (E) UPPER AREA = 2607 S.F. FREEZER AREA I (182 S.F./7) 26 AREA 2 (365 5.F./7) +52 (E) TOTAL AREA = 6600 S.F. TOTAL STANDING OCCUPANCY 75 NEW 6RO55 AREA 5UMMARY (UNCHANGED) - b FE 6RIDD `�`.�s COMBINED OCCUPANCY NEW LOWER AREA = 3517 S.F. 6 TOTAL SEATED OCCUPANCY 124 NEW UPPER AREA = 3083 S.F. 5' 4'-Ig^ 0 HAND RAN S" / ". TOTAL STANDING OCCUPANCY +78 NEW TOTAL 6RO55 AREA = 6600 S.F. r 4 SINK \RYE s = TACTILE EXIT SIGN TO SAY "EXIT" W/BRAILLE ToT GO D OGG G o 4 m G A5.1 I NEW \ a O 3b> WV F a QTGHEN UTENSIL G G in / C SINK T LE NEW E / NEW j MN 9ry�,GL \ B,S„ � - WOMEN5 RE . PIZZA T A \ 4'- b'-:21 " °a �E 0 LE LU MIXER O W m� OFF I GE/L 1 QUOR STOR. I$ WALK I N = 156 S.F. EXIT HALL =45 5.F IOE MAOHINO STOR DRY FD. STOR=�25 5 lr)17 (E) METAL FIRE ESCAPE BALCONY ABOVE 36" WIDTH W/STEEL FRAMING, METAL MESH FLOOR 42 H. PAILIN65 SCREENED WINO SPACE ALLOWING 4" SPHERE TO PA56 THROUGH PHOTO OF (E) FIRE ) =50APE 5TAIR5 0 4 1 iii cu ,u ELEC. RM. Flo 15.41 4 OFFICE 4 LIQUOR 5TOR. 8' -112" (E) BEER WALK -IN 3 It \— TACTILE EXIT SIGN TO iAY -EXIT" KSRAILLE I'm - Q z O � NEW DRY FOOD 5TORAGE �r CADD SERVICES 31565 Calls Arroyo San Juan Capistrano, CA 92675 (949) 859 - 7385 -office (949) 861- 0464 - mobile caddman1 @cox.net - email =I c� `Q %Q I N ow N n r U P O� P ® s ~ — 3- 4j, 0 N I (NEW) 101 S.F. PUBLIC SPACE (14 NEW 5EAT5) FOLDI EM STANDING AREA 182 S.F. w NEW PATIO (49 NEW 5EAT5 -476 5.F. FROM IN51DE P1 EXISTING D R LOCATION SHARED EX 1ST I NO 5AR s 444 S.F. WITH IL IL F ARRO (5EE PHOTO TO LEFT) LINE OF ADJACENT BUILDING WITH OPENINGS AND WA1_1_5 FIRE PROTECTED IN ACCORDANCE WITH GEC, 705 AND 1026.6 (PREVIOUSLY PART OF THI5 PROPERTY NOW OWNED BY IL FARRO) EXISTING STAIR TO STAG HOTEL (FORMELY THE P15TRICT HOTEL) WROUGHT IRON RAILINGS 42" H. WINO 5PAGE ALLOWING 4" SPHERE TO PASS THROUGH 2" THICK CONCRETE TREADS ON STEEL FRAMING PERMANENTLY ANCHORED WITH FOOTING AND STEEL POSTS/6RACE5/13EAMS (EXISTING TO REMAIN) z_ o\ NEW BENCH SEATING 015H 5TOR. 19 5.F. IHR SEPARATION OWN ILUMI 0 II" T B 4, -4, \ Ib 4 IN 32" GLR. . p (E) HOTEL OPENING ENTRY / REV 51106 TACTILE EXIT SIGN TO SAY "EXIT" WEIRAILLE THE 5TA6 BAR AND GRILL; FORMERLY THE D15TRICT LOUNGE (E) 1211 5.E. PUBLIC, 5PAGE,x X %' -u x(56 EA TANG �EAT5) EXI5TIN6 BAR TO REMAIN A5-15 A F`IR5T FLOOR PLAN 1/8.1 = I' -O" 2''V" STANDING AREA 365 5.F. A`J EXIT /`' MIN 32' G OPENING ,x0 / ' VIII :•• I i�G NMI 7' -10" STEVE HOPKINS CADD SERVICES 31565 Calls Arroyo San Juan Capistrano, CA 92675 (949) 859 - 7385 -office (949) 861- 0464 - mobile caddman1 @cox.net - email N ow N n U P O� P N o t- 0 C) 0 m >� o �0 or� m or a oU 0`a w 0 U o �a THE DISTRICT HOTEL REMODEL 120 McFADDEN PLACE NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS 2/7/14 - ELEVATOR + MECH 3/6/14 - AREA RECALC All designs, ideas, arrangements and plans indecated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the jab site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2013 -06 DRAWN BY S.H. CHECKED BY M.M. ISSUE DATE 12/20/13 SHEET TITLE 18T LEVEL FLOOR PLAN A2.1 INTENTIONALLY BLANK PAGE 120 STEVE HOPKINS CADD SERVICES 31565 Calle Arroyo San Juan Capistrano, CA 92675 (949) 859 -7385- office (949) 861- 0464 - mobile caddmani @cox.net - email N P V N N n M M U P V R N Z,,,%%%3 C O m C/) � 6 O T O O m O> P oU O d a w C _ O N � O a THE STAG BAR + GRILL AND THE STAG HOTEL REMODEL 121 +125 McFADDEN PLACE NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS 2/7/14 - ELEVATOR + MECH All designs, ideos, arrangements on" Plans indicoted by these drawings and speafications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2013 -06 DRAWN BY S.H. CHECKED BY M.M. ISSUE DATE 1220/13 SHEET TITLE EXTERIOR ELEVATIONS A3.1 2 -22 INTENTIONALLY BLANK PAGE 1.22 I: NORTHWEST ELEVATION 1/4" = 1' -0" SOUTHEAST ELEVATION 1/4" = 1' -0" STEVE HOPKINS CADD SERVICES 31565 Calle Arroyo San Juan Capistrano, CA 92675 (949) 859 -7385- office (949) 861- 0464 - mobile caddmani @cox.net - email N P V N N n M M U P V R N Z,,,%%%3 C O m C/) � 6 O T �0 or� m rn° oU O d a w C _ so N so O a THE STAG BAR + GRILL AND THE STAG HOTEL REMODEL 121 +125 McFADDEN PLACE NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS 2/7/14 - ELEVATOR + MECH All designs, ideos, arrangements and Plans indicoted by these drawings and speafications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2013 -06 DRAWN BY S.H. CHECKED BY M.M. ISSUE DATE 12/20/13 SHEET TITLE EXTERIOR ELEVATIONS A3.2 123 INTENTIONALLY BLANK PAGE 124 BUILDING SECTION 1/4" = I' -O" STEVE HOPKINS CADD SERVICES 31565 Calle Arroyo San Juan Capistrano, CA 92675 (949) 859 -7385- office (949) 861- 0464 - mobile caddmani @cox.net - email N U V N N n riy � P P P a V O n n N � tl L_ C 0 O U�U 9 O 77 go O N �0. oU O d o� 0 4 a THE STAG BAR + GRILL AND THE STAG HOTEL REMODEL 121 +125 McFADDEN PLACE NEWPORT BEACH, CA 92663 (949) 675 -2340 REVISIONS 2/7/14 - ELEVATOR + MECH All designs, ideos, arrangements on" Plans indicoted by these drawings and speafications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permission. Written dimensions shall take precedence over scaled dimensions and shall be verified at the job site. Any dimensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. 2013 -06 DRAWN BY S.H. CHECKED BY M.M. ISSUE DATE 12/20/13 SHEET TITLE BUILDING SECTIONS A4.1 2215 INTENTIONALLY BLANK PAGE 120 Correspondence Item No. 3d The Stag Bar and Grill and The Stag Hotel PA2013 -153 March 14, 2014 Steve Kalatschan 2119 Balboa Blvd Newport Beach, CA 92663 Dear Ben Zbeda, My name is Steve Kalatschan and I am the owner of the business and located at 2119 Balboa Blvd. My family has owned the Original Pizza for approximately 45 years and has a long history on the Newport Beach Peninsula. I am not only a business owner on the Peninsula, but I was also raised on the Peninsula as a child and considered the Peninsula my home for many year. I have seen nothing but a positive impact on the immediate area, since Mario purchased the property next door to my family business over eight years ago. He has been an excellent neighbor, as well as a positive addition to the community. Mario renovated the former Stag Bar, which attracted a better clientele to the area. This has directly benefitted my business. Mario presented me the proposed plans for the renovation of the hotel and the expansion of the District and I am in complete support. The most beneficial part of this plan involves the removal of the liquor store. I believe that issues will decrease, as transients in the area will seek alternative places to purchase liquor and there will be tighter controls on who is served. In addition to the removal of the liquor store, attracting a new demographic to the proposed hotel will directly benefit McFadden Square and the city in its entirety. Thank you for your time. Sincerely, A CIz� Steve Kalatschan The Stag Bar and Grill The Stag Hotel PAzoi3-153 kifl*tao Planning Commission Public Hearing March 20, 2014 �.wi>oti'7111 T D tduction cq4 FO RN I mi The Stag Bar and Grill ■ Conditional Use Permit to remodel and expand existing nonconforming bar into abutting liquor store tenant space and a reduction of the required parking. 2o6- square -foot dining area 337-square -foot kitchen area 297- square- foot ADA restroom facilities 476- square -foot outdoor patio area ® The Stag Hotel ■ Conditional Use Permit to alter and expand existing nonconforming hotel upstairs. Reduction of 3 hotel rooms (ii rooms to 8 rooms) Improved with individual kitchenettes and restrooms 03/20 /2014 Community Development Department - Planning Division z 4 An ., � The Stag �� � • a � Bar and Grill r ,;•, t � '+fit- �• � � - _,d� yy1 J ,l r ii .+S Newport Pier Parking • 1 - J � ti 1 J r a.. yam. suall c 1 i J oil it k cFa en _ Sri Square ' Div Parking \ __ _3 :mss. 4 A • "`.Ipi 2prh St _ MAP, 0 yam. c h46--l- Original Pizza TK Burger II Farro The Blue Beet zi Oceanfront Rockin' Baja Lobster y s + . L�� y • 1 \ Residential D I Y J Residential jw ~ Mixed- Use `p� owl •iY' ` � y *��r �6` '4 _�. Residential site Constructed in 1912 per County records Opened in 1914 as "The Stag Bar" Predate Zoning Ordinance No Use Permits Purchased by current operator in 2oo6 Hotel unregistered and no TOT paid 'm stays Community Development Department - Planning Division pr,��WPOR, m n 7 Ik II I-A FATS"* NEWPORT PIER STAG LIQUOR =TD6 �\ Z �k E�SnNb Er'� ,* L 4 1 pF1'IEE na .- t S�GR STG4 �5 \ 1 r a� Existing Floor Plan 2,5o6 sq. ft. 56 seats 'T 134 occupants ..... _ ..... . THE D15TRIGT LOUNGE ENS'w tot MAST) NIM, 8 KITCHEN 8 WALK -IN AREA Proposed Plan o "r to '°' seats) © VIII 476 patio area • A� viii �� �0 0�7� ©O ���� -II LE • • . O — m) OmR 4 L� STM, 11 W -IN rsr an Foao STOFIbE T, Mill MIN g1�94AM ois STOR A5F. BAR "T" W .rme wr ruv ro sw TM �we�ue M NIS I oft NA" a r Mw �NNI N .n go 03/20/2014 Community Development Department - Planning Division 3] 10 The District 6:oo a.m. 56 134 o None Type 48 No No Lounge to 2:00 sq. ft. (Public (EXISTING) a.m. Premise) The Stag Bar 6:oo a.m. 129 207 476 None Type 48 Yes Yes and Grill to 2:00 sq. ft. (Public (COA) (PROPOSED) a.m. Premise)* *Elimination of a Type 21 (Off-Sale General) ABC License 03/20 /2014 Community Development Department - Planning Division 11 Existing Parking Requirement Proposed Parking Requirement The District Lounge 34. spaces The Stag Bar & Grill 52 spaces Newport Pier Liquor 6 spaces - - The District Hotel 11 spaces The Stag Hotel 8 spaces Total 51 spaces Total 6o spaces 03/20/2014 No parking exists on -site to serve uses Waiver of 9 parking spaces Parking counts and study conducted Community Development Department - Planning Division A Lz b Existing Floor Plan 2,607 sq . ft. 11 rooms ROOF BELOW e� ■ 3 restroorns 1 kitchen #II II #q II #7 II #5 -M II L 111X11 11-all - I #I #10 #8 II #6 THE 015TRIGT HOTEL #4 II #5 03/20/2014 Community Development Department - Planning TE H #2 KITCHEN LVh, i I- DECK I Proposed Floor Plan � 300 S.F. 3,o83 sq. ft. E 40M s ■ Individual kitchens and w i �V1'C I I ® \ Imo} „/ �,II -■ mom MEMO The District ii 3 1 10� Pao No No Hotel (EXISTING) The Stag Hotel (PROPOSED) 03/20/2014 3 Yes Community Development Department - Planning Division Yes (COA) Yes (COA) i5 ll, e • Conduct a public hearing Adopt a resolution approving Conditional Use Permit No. UP2013 -o16 for The Stag Bar and Grill Adopt a resolution approving Conditional Use Permit No. UP2014- 005The Stag Hotel 03/20/2014 Community Development Department - Planning Division 6 1 For more information contact: Benjamin M. Zdeba 949-644 -3253 bzdebaQa newportbeachca.gov www.newport�eachca.gov Correspondence Item No. 3a The Stag Bar and Grill and PA2013 -153 Headquarters • 2212 South Lyon Street • Santa Ana • CA • 92705 March 13, 2014 RE: Support for 121 McFadden Place, March 20th Planning Commission Hearing Dear Mr. Zdeba: My family and I have been in business as well as property owners on the Newport Peninsula dating back to the 1960's. I was raised on the Newport Peninsula and know the area intimately. I still reside in Newport Beach, have three children in school in the city, and am owner /operator of TK Burgers. In addition, we have recently acquired another historic piece of commercial property in McFadden Square which we plan to improve. I am very familiar with the property located at 121 McFadden place and have frequented it and seen it go through several changes throughout the years. My father owned and operated a Original Pizza in the building next door since 1962! When Mr. Marovic purchased the property and business eight years ago, we noticed an immediate improvement to the area Since that time he has continued to operate his business in a responsible manner, maintain his property and also look for newer ways to improve the area I have complete confidence that the proposed project will be an enormous benefit to McFadden Square and the community as a whole. It's important that we as business owners and citizens of Newport Beach take notice and revitalize the McFadden Square area. For locals and tourists alike, the Newport Pier is a destination locale and we need to revitalize it. This is a great opportunity to begin that process and Mr. Marovic is a competent, experienced operator who is heading the charge. The idea of removing the existing liquor store benefits the area in countless ways. Countless. To be able to exchange a Liquor Store and all the problems associate with it, for a newly remodeled restaurant with ADA restrooms as well as additional seating is an improvement that cannot be easily matched. Improving that building and the rooms above will only benefit the area and the citizens and get us started on bringing back McFadden square to its rich, historic past. As a Newport Beach business owner and property owner I want to express my complete support of this project. Let's not let this opportunity slip by. Sincerely, Jim Kalatschan President CHARBROILED TO PERFECTION P (714) 549 -8585 • r (714) 960 -0111 • www.ticburgers.com ON Correspondence Item No. 3b The Stag Bar and Grill and The Stag Hotel PA2013 -153 March 14, 2014 TO: Mr. Ben Zdeba and Newport Beach Planning Commission From: Andrew Gabriel RE: Planning Commission Hearing March 20, 2014. The Stag Bar improvement, Hotel Improvement and Elimination of Liquor Store Dear Mr. Zdeba: I am the managing partner of Newport Oceanfront, LLC. We own and manage the commercial property located on 2108 W Oceanfront directly behind the proposed project. I would like to express my complete support for the proposed project. I support the project because: Eliminating a liquor store and off site liquor license in district 15 will statistically reduce the amount licenses in the area and help reduce loitering, panhandling and improve the entire area as well. Remodeling the small hotel above the bar that has 10 rooms sharing two bathrooms without any kitchen at all is not something that is desired in Newport Beach. Transforming the upstairs into fewer rooms so every room is larger and has its own bathroom and kitchen will have an immediate positive impact to McFadden Square. Adding a kitchen to the bar that doesn't currently have a kitchen as well as full ADA compliance would be a benefit to the community as a whole. As a lifetime Newport Beach resident, business owner and property owner, I want to express my complete support of this project to beautify and clean up a historical area and I assure the residents and business owners of Newport Beach share my sentiments as well. Sincerely, Andrew Gabriel agiceman @gmail.com Correspondence Item No. 3c The Stag Bar and Grill and The Stag Hotel PA2013 -153 To whom it may concern, My Name is Bridget Godley. I have been a resident of Newport Beach since 1994, and have resided at 1813 West Bay Avenue, for the last fourteen years. As a resident and former employee of twelve years, at both Rockin Baja Lobster and 21 Oceanfront; I have become quite fond of McFadden Square. Over the years I have enjoyed the convenience of either walking or biking, as a mode of transportation. My friends, neighbors and I often stroll over to McFadden Square to support local businesses. Although we do enjoy visiting The District Lounge, we would like to see it become a more desirable location. The plans to expand The Stag Liquor store would be beneficial, to patrons of The District Lounge; by adding a kitchen, new restrooms, and seating area. After discussing possible changes, I have found both neighbors and town locals alike, to be quite excited about the new dynamics the Stag Bar project would add to our community. I look forward to see new changes within McFadden Square. Thank you for your time. Sincerely, Bridget Godley 1813 W. Bay Ave. Newport Beach, Ca. 92663 Correspondence Item No. 3d The Stag Bar and Grill and The Stag Hotel PA2013 -153 March 14, 2014 Steve Kalatschan 2119 Balboa Blvd Newport Beach, CA 92663 Dear Ben Zbeda, My name is Steve Kalatschan and I am the owner of the business and located at 2119 Balboa Blvd. My family has owned the Original Pizza for approximately 45 years and has a long history on the Newport Beach Peninsula. I am not only a business owner on the Peninsula, but I was also raised on the Peninsula as a child and considered the Peninsula my home for many year. I have seen nothing but a positive impact on the immediate area, since Mario purchased the property next door to my family business over eight years ago. He has been an excellent neighbor, as well as a positive addition to the community. Mario renovated the former Stag Bar, which attracted a better clientele to the area. This has directly benefitted my business. Mario presented me the proposed plans for the renovation of the hotel and the expansion of the District and I am in complete support. The most beneficial part of this plan involves the removal of the liquor store. I believe that issues will decrease, as transients in the area will seek alternative places to purchase liquor and there will be tighter controls on who is served. In addition to the removal of the liquor store, attracting a new demographic to the proposed hotel will directly benefit McFadden Square and the city in its entirety. Thank you for your time. Sincerely, A CIz� Steve Kalatschan Correspondence Item No. 3e BURNS,MARLGNE The Stag Bar and Grill and The Stag Hotel From: Zdeba, Benjamin Sent. Tuesday, March 18, 2014 5:23 PM To: Burns, Marlene Subject: FW: Proposed Plans for 125 McFadden Place, Newport Beach RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdebaiVinewoortbeachca.aov From: Holthouser, Nathan [mai Ito: Nathan. Holthouser (@marcusmillichap.coml Sent: Tuesday, March 18, 2014 5:22 PM To: Zdeba, Benjamin Subject: Proposed Plans for 125 McFadden Place, Newport Beach Mr. Zbeba, I am contacting you to let you know that I fully support the proposed expansion plans for 125 McFadden Place in Newport Beach. I am a Newport Beach resident and I am an active commercial real estate broker in Newport Beach. I have sold several commercial buildings on the peninsula and know the McFadden Square near the Newport Beach pier well. I have reviewed the plans for the expansion and I believe that it will drastically improve the area and benefit the community. The operator of the business Mario Marovic is a responsible business owner that has a great track record in the City of Newport Beach. As a resident and active broker in the area, I would be delighted to see the building improved. Thanks for taking the time to read this and I hope to see the approval for this project. Regards, Nathan Holthouser Associate Vice President Investments Marcus & Millichap (949) 419 -3200 main 19800 MacArthur Boulevard (949) 419 -3237 direct Suite 150 (626) 226 -6923 cell Irvine, CA 92612 (949) 242 -2865 fax License: CA: 01838616 nathan. holthouser (a)marcusmillichap.com Marcus &Millicha.p Real Estate [mrsuJxeat Services lnveshnenl Sales . Financing • Research • Advisory Services CONFIDENTIALITY NOTICE and DISCLAIMER: This email message is intended only for the person or entity to which it is addressed and may contain confidential and /or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, 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 to receive communications through this medium, please so advise the sender immediately. Nothing in this communication should be interpreted as a digital 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 regarding any investment by the recipients must be obtained from the recipients' attorney, accountant, or tax professional. Correspondence Item No. 3f BURNS,MARLENE The Stag Bar and Grill and The Stag Hotel From: Zdeba, Benjamin PA2013 -153 Sent. Wednesday, March 19, 2014 7:51 AM To: Burns, Marlene Subject: FW: Letter of Recommendation RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdeba0mewoortbeachca.aov From: Mario Marovic [mailto:mario(aloungegroup.comj Sent: Tuesday, March 18, 2014 10:02 PM To: Zdeba, Benjamin Subject: Fwd: Letter of Recommendation Dear Ben: Please see below letter of recommendation. Thank you, Mario Marovic From: "gmayes6CcDcox.net" <gmayes6CcDcox.net> Subject: Letter of Recommendation Dear Sir or Madam My name is Greg Mayes. I retired as a Police Captain from the Fullerton Police Department after almost 30 years of service. During my last few years I was responsible for coordinating police /community/business interaction as it related specifically to Downtown Fullerton. Our Downtown had grown rapidly and many issues arose that challenged the City's ability to balance public safety and perception, with the prosperity of our diverse late night entertainment venues. My practice was always one of seeking the cooperation and assistance of our Downtown business community in the development of comprehensive strategies to minimize adverse impacts to public safety while fostering a prosperous late night business environment. This process is difficult and requires supportive and participatory business owner /operators. The success of any police /community effort relies upon the character and commitment of its City, community and business leaders; Mario Marovic is such a leader. In 2008 the Fullerton Downtown had several problem establishments including the business known as Rock -n -Taco. This location was one of the focal points for disorder in the Downtown. In late 2008 Mr. Marovic began negotiations to purchase the business. I had not met Mario prior to becoming aware of his intentions to buy the Rock -n -Taco. Mario and I spoke on several occasions during his negotiations. I placed considerable demands upon him during my discussions and advised him he would be, "under the microscope." He said he understood the concept of consequences. Mario promised a well- managed, well- maintained business with a menu suitable for upscale dining. He advised me he would maintain security during late night hours and that he hoped to become the role -model for restaurant /lounges in the Downtown. He promised to communicate openly and honestly with other community, business and city leaders. The Matador opened its doors in early 2009 and has been a cornerstone for stability in the Downtown ever since. Mario has lived up to his promises and exceeded expectations both personally and professionally in the Downtown business community. Mario has spearheaded Downtown business efforts in the form of restaurateur collaborations, business /community meetings and city/business efforts. He has been a significant contributor to local charity efforts including the Fullerton Boys & Girls Clubs. He has opened The Matador to fund raising events and used the business as a gathering place for entities such as the Fullerton Chamber of Commerce. Under the oversight of Mario, The Matador has become a signature location in Fullerton's late night entertainment district. Mario has worked, and continues to work, with the Police Department to cooperatively identify issues and form resolutions. Mario is a trusted resource within the community and especially the Fullerton Downtown area. I cannot compare apples to oranges and do not have the same intimate knowledge of Newport Beach late night venues as I do of Fullerton's Downtown. I can however attest to Mario's character and commitment as it relates to the manner in which he oversees his businesses. His management of The Matador restaurant has brought to the City of Fullerton an enjoyable daytime restaurant, tasteful dining establishment and safe late night gathering place. I hope he is afforded the opportunity to do the same in Newport Beach. With best regards, Greg Mayes 714 - 412 -3617 2 Correspondence Item No. 3g The Stag Bar and Grill and The Stag Hotel March 14, 2014 PA2013 -153 ATTN: Mr. Ben Zdeba and Newport Beach Planning Commission, Regarding Stag Bar improvement plan, hotel renovation and elimination of liquor store. Dear Mr. Zbeda, My name is Paul Otto and I'm a long time resident of Newport Beach. I'm writing this letter on behalf of my wife Audrey Otto and myself in complete support of the Stag Bar improvement, hotel renovation and elimination of the liquor store in McFadden Square. The reasons we support this project are listed below: • First and foremost, we are familiar with Mario Marovic and the positive improvements he has already made to the community with Malarky's Irish Pub and The District Lounge. These are places we would not visit prior to their respective renovations due to the clientele, overall appearance and cleanliness. After Mario took over and cleaned them up, they are places we now frequent. • Removal of the liquor store will help prevent the persistent panhandling and loitering problem. This is an issue that is particularly important to us because of an incident where my wife was verbally assaulted by one of these individuals after she declined to give him money. The addition of a kitchen and dining area in Stag Bar is a positive change for residents like ourselves. The quality and number of casual dining options in the immediate area are sub par to what we would expect. Mario's other establishments have quality food and clientele, and we look forward to another concept in this location. The remodel of the hotel above the bar will have a positive impact as it will will bring a more desirable clientele to the area. For these reasons we hope the Newport Beach Planning Commission decides in favor of the improvements that are being proposed. Best regards, Paul Otto & Audrey Otto Correspondence Item No. 3h The Stag Bar and Grill and The Stag Hotel PA2013 -153 Mr. Ben Zdeba Newport Beach City Planner 3300 Newport Boulevard Newport Beach, CA 92663 Re: 125 McFadden Place Newport Beach, CA 92663 — Expansion Plans Dear Mr. Zdeba, I am writing you this letter to express my support for the expansion of the Stag Bar (currently The District Lounge) and remodel of apartment units located at 125 McFadden Place in Newport Beach. I am a commercial property owner in the McFadden Square by the Newport Pier and also a longtime resident on the peninsula in Newport Beach. I believe the project that is proposed will improve the area and benefit the Newport Beach community. Best Regards, 0 M�� Michael Fazzi Correspondence Item No. 3i BURNS,MARLPNE The Stag Bar and Grill and The Stag Hotel PA - From: Zdeba, Benjamin Sent: Wednesday, March 19, 2014 10:58 AM To: Burns, Marlene Subject: FW: District Lounge Project Follow Up Flag: Follow up Flag Status: Flagged RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdeba(a),newportbeachca.gov From: Mat Weiss tmai Ito: mat(olstonecask.com1 Sent: Wednesday, March 19, 2014 9:51 AM To: Zdeba, Benjamin Subject: District Lounge Project Dear Ben Zbeda and the Newport Beach Planning Commission, My name is Mathew Weiss and I live at 114 22nd Street on the Newport Beach Peninsula. My bedroom window overlooks the back of the building that houses the District Lounge, Stag Hotel and Stag Liquor. My back door is approximately 10 feet from the District Lounge, which leads me to believe that I am the closest residential neighbor to the proposed project. I am writing this letter because I want to vocalize my support for this project. I love living near McFadden Square and when looking for a place to live, sought out this location. rarely drive and am able to walk to all of the various restaurants, beaches and local attractions. I could not be happier with where I live and am excited to see the improvements that I know this project will bring to the area. As the most immediately impacted neighbor, I want to express my complete support for this project. Sincerely, Mathew Weiss 1 Correspondence Item No. 3j BURNS,MARLENE The Stag Bar and Grill and The Stag Hotel PA From: Zdeba, Benjamin Sent. Wednesday, March 19, 2014 1:49 PM To: Burns, Marlene Subject: FW: support letter for 121 -125 McFadden Place project Follow Up Flag: Follow up Flag Status: Flagged RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdebano.newoortbeachca.aov From: Benjamin Bequer [ mailto :beniamin@)beniaminbequer.com] Sent: Wednesday, March 19, 2014 1:42 PM To: Zdeba, Benjamin Subject: support letter for 121 -125 McFadden Place project Dear Mr. Zdeba and Members of the Newport Beach Planning Commission, My name is Benjamin Bequer and I am a Newport Beach Peninsula resident and home owner at 5405 Seashore Dr. I am writing this letter in full support of the improvement project to the District Lounge bar and upstairs hotel rooms located at 121 -125 McFadden Place. I purchased my beachfront home in Newport with the hopes of being in close proximity to quality locally owned establishments. I was very pleased to hear that the owner of The District Lounge property is willing to invest back into his building. I feel that the project will help entice other property owners in the area to re- invest in their buildings and business as well. The District Lounge improvements will have an immediate positive impact on the surrounding area for the following reasons: • First, the removal of a liquor store that operates without any restrictions will be an immediate improvement to the area. It will help deter loitering and panhandling in that immediate area. • The addition of ADA restrooms will be a benefit to the community as a whole. • The District Lounge project will be adding a kitchen component that does not currently exist. • From my understanding, the current bar operates without any CUP and the proposed project will add not only a CUP to the facility but also a Restaurant Operators License as well. • Lastly, I have personally inspected the upstairs hotel area and anything we can do to allow the property owner to transform those rooms would be a huge benefit for McFadden Square. Mr. Marovic has a positive track record in the community and we should reward quality operators. I was hoping to be able to attend this Thursdays Planning Commission hearing, however, due to a prior charity engagement I will not be able to attend. I want to emphasize my complete support for this project and after speaking to my friends and neighbors I can assure you that many Newport Peninsula home owners share my sentiments as well. Sincerely, Ben Bequer 5405 Seashore Drive Newport Beach CA Correspondence Item No. 3k March 20, 2014, PC agenda comments - Jim MosherThe Stag Bar ancIDS 364 { 3and The Stag Hotel Item. 3 The Stag Bar and Grill and The Stag �Iote1 PA2013 -153) 1. Aside from cutaway exterior elevations (e.g., handwritten page 125), 1 am unable to find any clear plans for the proposed remodel of the existing, upstairs nonconforming hotel, which is said to be part of the requested separate conditional use permit (UP2014 -005). 2. Regarding UP2013 -016 for the Bar and Grill, the proposed "49 outdoor dining seats' do not appear to be `outdoors" in any of the materials provided. Is a roof being removed to create an interior courtyard? And is that opening covered by the proposed second floor roof decks? 3. Also, regarding noise and traffic, the staff report also says on handwritten page 7 that the proposed use is "approximately 300 feet from the nearest residential zoning district," yet on handwritten page 10 it says "The nearest residential units are located 10 feet across the side alley to the northwest of the subject property in a mixed -use building." 4. Regarding Attachment No. PC 1 (Draft Resolution, The Stag Bar and Grill): a. In Section 2.1 (handwritten page 21), there is no Class 1 in the California Environmental Quality Act. The Class 1 exemption is part of the State CEQA Guidelines. b. On handwritten page 22, in the lines following Facts in Support of Finding A -2, it is unclear why Section 20.52.050.F of the Newport Beach Municipal Code is being invoked. As best I can tell, that section has to do with the `Duties of the Zoning Administrator" in issuing Modification Permits. 5. Regarding Attachment No. PC 2 (Draft Resolution, The Stag Hotel): a. In Section 2.1 (handwritten page 35), same comment as above b. Handwritten page 36: same comment as above with regard to reference to Section 20.52.050.F. The intended is probably Section 20.52.020.F. c. The staff report suggests the "hotel' rooms are currently rented for periods longer than 30 days. It is unclear to me if the Conditions of Approval are intended to require conversion to a true hotel use, or merely ensure applicable taxes are collected in the event of such a change of use. d. Conditions of Approval 20 (handwritten page 42) refers to 'the change in use to an eating and drinking establishment." That seems unrelated to the hotel CUP. Correspondence Item No. 31 BURNS,MARLENE The Stag Bar and Grill and The Stag From: Zdeba, Benjamin Hotel Sent. Wednesday, March 19, 2014 4:50 PM PA2 013 —15 3 To: Burns, Marlene Subject: FW: STAG BAR (THE DISTRICT) Follow Up Flag: Follow up Flag Status: Flagged RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdebano.newoortbeachca.aov From: Larry Tucker r mailto:Tucker(cbGTPCenters.comj Sent: Wednesday, March 19, 2014 4:47 PM To: Zdeba, Benjamin Cc: Wisneski, Brenda Subject: FW: STAG BAR (THE DISTRICT) Not sure this got to you. From: Lori Morris rmailto :lorirmorrisCalomail.coml Sent: Wednesday, March 19, 2014 4:36 PM To: bhilloren @hiohrhodes.com; ameri @rbf.com; Jay Myers; korvkramer @omail.com; ray.lawler @hines.com; tuckerCalatocenters.com; tim- brown(asbcalobal.net Subject: STAG BAR (THE DISTRICT) Planning Commission and Staff, I am a resident of West Newport and I am very troubled by the expansion of "Stag Bar" (The District) I am negatively impacted by the over concentration of Bars in the West Newport area. We have many restaurants who also pose as food providers who are more bar then restaurant. Every weekend during the year and every night in the summer this area suffers from those who are drawn to the raucous atmosphere that is allowed to go on at the residents expense. I can not imagine allowing yet another expansion of a bar, pretending to bring benefits by not only expanding (without ANY parking) but also wants to bring the party to the outside. I'm sure you have all surveyed the area on a weekend night, as you can see Sharkeez has just reopened and is unbelievably loud and crazy during the day and night. I sat at McFadden Square last Sunday to enjoy the nice weather and was inundated by screaming. noise and music from Sharkeez. THAT scene is what The Stag (District) with be multiplying, and I believe it is the intent of the owner to achieve that sort of occupancy (and revenue stream) ... we cannot allow these uses to grow in that manner. While I worry for the residents and their quality of life, I also worry about the impact this expansion and outdoor seating will have on the quaint Italian restaurant that will be just steps from that proposed patio. Il Farro is a wonderful, traditional, authentic Italian eatery that will be overwhelmed by the noise and drunken patrons of The Stag (District). I would also like to ask why the staff report calls this bar "The Stag "? As I know the sign says "the District" This could be confusing for those who have no prior knowledge of the old name. I will end this very simply ... we on the Peninsula, West Newport, CAN NOT deal with yet another expansion of an alcohol /bar establishment. To say there will be any mitigation by eliminating the ABC license of the liquor store is disingenuous at best and in fact is a red herring, a liquor store does not keep ply people with alcohol and keep them on the premises till all hours of the day and night. The waiving of any parking in Unconscionable in every sense of the word, we are at max capacity at all times in that area, to expand and waive parking would be extremely detrimental to ALL businesses that surround this bar. Again, PLEASE do not allow this expansion ... we are tired of having to constantly fend off the current bars and their impacts. Enough, we've had enough. Lori Morris West Newport Correspondence Item No. 3m BURNS,MARLENE The Stag Bar and Grill and The Stag Hotel From: Zdeba, Benjamin Sent. Wednesday, March 19, 2014 4:50 PM To: Burns, Marlene Subject: FW: STAG BAR (THE DISTRICT) Follow Up Flag: Follow up Flag Status: Flagged RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdebano.newoortbeachca.gov From: Larry Tucker r mailto:Tucker(cbGTPCenters.comj Sent: Wednesday, March 19, 2014 4:47 PM To: Zdeba, Benjamin Cc: Wisneski, Brenda Subject: FW: STAG BAR (THE DISTRICT) Not sure this got to you. From: Lori Morris rmailto :lorirmorrisCalomail.coml Sent: Wednesday, March 19, 2014 4:36 PM To: bhilloren @hiohrhodes.com; ameri @rbf.com; Jay Myers; korvkramer @omail.com; ray.lawler @hines.com; tuckerCalatocenters.com; tim- brown(asbcalobal.net Subject: STAG BAR (THE DISTRICT) Planning Commission and Staff, I am a resident of West Newport and I am very troubled by the expansion of "Stag Bar" (The District) I am negatively impacted by the over concentration of Bars in the West Newport area. We have many restaurants who also pose as food providers who are more bar then restaurant. Every weekend during the year and every night in the summer this area suffers from those who are drawn to the raucous atmosphere that is allowed to go on at the residents expense. I can not imagine allowing yet another expansion of a bar, pretending to bring benefits by not only expanding (without ANY parking) but also wants to bring the party to the outside. I'm sure you have all surveyed the area on a weekend night, as you can see Sharkeez has just reopened and is unbelievably loud and crazy during the day and night. I sat at McFadden Square last Sunday to enjoy the nice weather and was inundated by screaming. noise and music from Sharkeez. THAT scene is what The Stag (District) with be multiplying, and I believe it is the intent of the owner to achieve that sort of occupancy (and revenue stream) ... we cannot allow these uses to grow in that manner. While I worry for the residents and their quality of life, I also worry about the impact this expansion and outdoor seating will have on the quaint Italian restaurant that will be just steps from that proposed patio. Il Farro is a wonderful, traditional, authentic Italian eatery that will be overwhelmed by the noise and drunken patrons of The Stag (District). I would also like to ask why the staff report calls this bar "The Stag "? As I know the sign says "the District" This could be confusing for those who have no prior knowledge of the old name. I will end this very simply ... we on the Peninsula, West Newport, CAN NOT deal with yet another expansion of an alcohol /bar establishment. To say there will be any mitigation by eliminating the ABC license of the liquor store is disingenuous at best and in fact is a red herring, a liquor store does not keep ply people with alcohol and keep them on the premises till all hours of the day and night. The waiving of any parking in Unconscionable in every sense of the word, we are at max capacity at all times in that area, to expand and waive parking would be extremely detrimental to ALL businesses that surround this bar. Again, PLEASE do not allow this expansion ... we are tired of having to constantly fend off the current bars and their impacts. Enough, we've had enough. Lori Morris West Newport Correspondence Item No. 3n The Stag Bar and Grill and The Stag Hotel March 19, 2014 PA2013 -153 Dear Mr. Zdeba, My Name is Erika Parsons. I am a Newport Beach resident, residing at 327 Canal Street in Newport Shores. I am married to my husband, Kip, who, though currently works at a technology start-up, was a lifeguard for 8 years, and a junior Lifeguard Instructor. My sons, 9, and 6, attend Carden Hall. My grandparents lived between A and B street, on the bayfront, and also owned various properties on the peninsula. My Aunt, Carol Wallace, owned and operated the very well known store, The Hand Maiden. Needless to say, I am very familiar with the Newport Beach peninsula, and have been my entire life. I would like to address the proposal for The District Bar Improvement /Hotel Improvement /Elimination of the Neighboring Liquor Store, and express my complete support for the project. Over the years, since Mr. Marovic has taken over properties on the peninsula, I have seen the area become revived, cleaned up, and energized. My husband, and 1, often ride our bikes, on a date night, to The District, to meet good friends. It is a pleasant atmosphere, always very clean, and friendly. Prior to Mr. Marovic's takeover of this establishment, I would never have set foot in the rough and dirty bar that it was. If we could actually have a dining experience at The District, it would be a fantastic bonus! As for now, we have to meet there for a bit, then go elsewhere for dinner. Based on his prior history, if Mr. Marovic were allowed a kitchen, The District would be top notch. This is comparable, to what Mr. Marovic has done with his other property on the peninsula, Malarky's. He has cleaned up the atmosphere, improved the restrooms, improved the parking situation, the exterior appearance has been upgraded, and the menu has added an incredible dining experience. So much so, that as a Newport Beach family, we often ride bikes to breakfast there on an average Saturday morning. This is something we would have never considered doing - especially with our two sons - prior to Mr. Marovics improvements. Mr. Marovic has a proven track record. His improvements to his establishments are always for the better. He is community minded, and always considers the impact of his work on his surrounding neighbors and the area as a whole. We should not just appreciate property owners like Mr. Marovic for their work; we should be imploring more to follow in his footsteps! Thank you for your consideration, Erika Parsons Correspondence Item No. 3o BURNS,MARLENE The Stag Bar and Grill and The Stag RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdebano.newoortbeachca.aov From: Brent Ranek [mailto:brentranek(&yahoo.coml Sent: Thursday, March 20, 2014 8:42 AM To: Zdeba, Benjamin Subject: Mario Marovic I own and live in the city of Newport Beach. I also worked as a lifeguard Captain for 33 years for the city. And have seen what Mario has accomplished in improving the businesses he owns in our city. He takes great pride in upgrading the buildings to bring in a better demographic. He is one of the few owners willing to invest in areas that need upgrading. I urge you and the city to get behind him and encourage him in his projects. Brent Ranek Hotel From: Zdeba, Benjamin Sent. Thursday, March 20, 2014 8:48 AM PA2 013 —15 3 To: Burns, Marlene Subject: FW: Mario Marovic Follow Up Flag: Follow up Flag Status: Flagged RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdebano.newoortbeachca.aov From: Brent Ranek [mailto:brentranek(&yahoo.coml Sent: Thursday, March 20, 2014 8:42 AM To: Zdeba, Benjamin Subject: Mario Marovic I own and live in the city of Newport Beach. I also worked as a lifeguard Captain for 33 years for the city. And have seen what Mario has accomplished in improving the businesses he owns in our city. He takes great pride in upgrading the buildings to bring in a better demographic. He is one of the few owners willing to invest in areas that need upgrading. I urge you and the city to get behind him and encourage him in his projects. 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NEWPORT BEACH, CA 92663 - (E) HALL G: EMERGENCY EXIT (949) 6752340 RGVISIO S + + + + + + ADA SH EXISTING LPGRADED ���� 2/7/44 -2E VATOR + M•ECH 2/14/14 -ADA UNR a II III KITCHEN UNIT TO REMAIN' /,> KITCHEN KITCHEN 1 UNIT #g UNIT #4 - -- UNIT #3 BEDROOM 3/3/14 - AREA REWBED (ADA) 1 KITCHEN LIVING � _ �I L_ _ 01 \ a„ ue =%Papa "gin �.`Twe,• LIVING ' O BATH % \� O BArH LIVING III AvA BArx 1 GLOB II< I' I I L LIVING + + II 1II — - -- ---------- - -- NKOJEC2NO. — ------ Lppp�m ----- ----- ---- -- (E)FIRE ExAPE --- ------ -------------------------- ------------------------------ --- ----------- N Rnlsso PlRE Sx�wE 2013 -OB DIiA W N RY I£J FIRE GLAf BH. STAR ( P2,1wRIJ 1.=w L T Acciss CHECKED BY M.M. R. uvrrR _ownIA a+ ISSUE DA'Z'E q'.IQ' 12'.50• 12•.9 }' 4 sOB' 5.8E. l' -10" 13'Aa 9'. B• ] 12/22/1.3 I' -2 }' 3}• 3 3 }' 3 }' 40' 3 }' a 9 }' 40' I' SHLL'I'I Il LL PROPOSED 2ND PLAN A2.2 THE DISTRICT HOTEL REMODEL 120 McFADDEN STREET NEWPORT BEACH, CA 9 (949) 676 -2340 REVISIONS VROJGO" NO. 2013 -06 URAAVN BY SH. CHECKED OY MM. ISSUE IMTE 3/27/43 SHEEI'TIILL FIRST LEVEL PLAN A2.1 Correspondence Ir Item No. 3r FASEL Thomas A. Fasel The Stag Bar and Grill and The Stag Hotel P: 949.706.3188 PA2013 -153 LAW W F: 949.606.7002 — -1 taf @fasellaw.com Thomas A. Fasel, Esq, (I www.fasellaw.com Orange County 610 Newport Center Drive, Ste 810 Newport Beach, CA 91660 March 20, 2014 Mr. Ben Zdeba Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 Via Email Only (bzdeba(&newportbeachca gov) RE: Planning Commission Hearing — Stag Bar Improvement, Hotel Improvement and Elimination of Liquor Store Date: March 20, 2014 6:30 P.M. Dear Mr. Zdeba: I am the owner of Fasel Law, a Newport Beach based international business law firm located at 610 Newport Center Drive, Newport Beach, CA 92660. I am writing to provide my unequivocal support for the above referenced proposed project concerning the Stag Bar Improvement, the Hotel Improvement and the elimination of the Liquor Store located at McFadden Square in Newport Beach, CA. I support the proposed project for the following reasons: Eliminating a liquor store and off site liquor license in district 15 will statistically reduce the amount licenses in the area and help reduce loitering, panhandling and improve the entire commercial and residential area. 2. Remodeling the small hotel above the bar would provide additional upscale business accommodations much needed in Newport Beach and encourage non- Newport Beach businesses an incentive to visit Newport Beach in order to invest, collaborate and partner with Newport Beach businesses. The renovation of the hotel would transform each visitor room into containing an en suite bathroom, a requirement of most business travelers. Adding a kitchen to the bar and transforming the facility into a fully compliant ADA facility would certainly benefit handicap visitors and residents of Newport Beach and improve the reputation of Newport Beach as an inviting and accommodating city. As a Newport Beach resident and business owner, I want to express my complete support for the above referenced project. 'ery truly yours, omas A. Fasel, s ., of ASEL LAW Correspondence Item No. 3s BURNS,MARLENE The Staq Bar and Grill and The Sta From: Zdeba, Benjamin Hotel Sent. Thursday, March 20, 2014 1:29 PM PA2 013 -153 To: Burns, Marlene Subject: FW: Notice to City RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdeba0mewoortbeachca.aov From: Craig Miller [ mailto :craig.w.millerll(@gmail.com Sent: Thursday, March 20, 2014 12:57 PM To: Zdeba, Benjamin Subject: Notice to City Dear Mr. Zdeba and Planning Commission, I am writing today to express my strong support of the Stag bar and Hotel that you will vote on this evening. I am resident in West Newport and the project will directly impact myself in a very positive way! I am a 30 yr old professional that works in the defense industry. I enjoy riding my bike or walking to the different lounges and restaurants in the area. However, I am very hesitant to visit the McFadden Square area because the old and unkempt properties are not welcoming to my girlfriend and I. The opportunity to have someone invest in that area is something I would hate to see wasted! Please help improve our community and vote in support of this project. Thank you, Craig Miller West Newport Resident Correspondence Item No. 3t BURNS,MARLENE The Stag Bar and Grill and The Stag Hotel From: Zdeba, Benjamin Sent. Thursday, March 20, 2014 1:30 PM PA2013 -153 To: Burns, Marlene Subject: FW: Stag Hotel and Bar Re- Development RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdeba0mewoortbeachca.aov From: Chris Manderino [ mailto :manderino.chris(agmail.comj Sent: Thursday, March 20, 2014 1:05 PM To: Zdeba, Benjamin Subject: Stag Hotel and Bar Re- Development Dear Planning Commission and Mr. Zdeba, Please support the improvements to the Stag Hotel and Stag Bar. My name is Chris Manderino and I am a Newport Beach Resident. I specifically choose to live on the Balboa Peninsula because of the lively atmosphere and welcoming community. The expansion of the Stag bar and Stag Hotel will dramatically improve the community. As you know, the current property consists of a liquor store and bar with no regulations and it is not ADA compliant. The opportunity to eliminate a liquor store and add a kitchen and outdoor dining area to the current facility is one our community should not pass up! Additionally, the Stag Hotel needs to be improved! The opportunity to have an owner that will invest in this property is one we can not pass up!! Because of the sub - standard conditions, I do not recommend out of town guests to stay in that area of town. In fact, I encourage them to stay in Fashion Island or Huntington Beach, which is much further away. In the future, I look forward to being able to tell friends and family from out of town that there is a place in my neighborhood where they can stay. Thank you for your time and consideration. Best, Chris Manderino manderino.chris a6 mail.com Phone (Primary): 949 - 371 -9959 Phone (Work): 949 - 285 -4395 Correspondence Item No. 3u BURNS,MARLENE The Stag Bar and Grill and The Stag Hotel From: Zdeba, Benjamin Sent. Thursday, March 20, 2014 3:59 PM PA2 013 —15 3 To: Burns, Marlene Subject: FW: McFadden Square RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdeba0mewoortbeachca.aov From: Alain O'Connor [ mailto: alai noconnor(ft mail. comj Sent: Thursday, March 20, 2014 3:32 PM To: Zdeba, Benjamin Subject: McFadden Square Dear Mr. Zdeba and Planning Commission: My name is Alain O'Connor and I have been fortunate enough to be a long time resident of Newport Beach, living on the peninsula. I recently heard, and am very excited, about the improvements to McFadden Square. The current hotel located at 121 McFadden PI is long overdue for needed improvements. In it's current state, the hotel does not reflect the beautiful community in which we live and so I am grateful that the owner is doing something to improve it. I strongly urge the Planning Commission to vote in favor of the project because it will greatly benefit the residents and visitors of Newport Beach. Thank you and warm regards, Alain O'Connor Correspondence Item No. 3v BURNS,MARLENE The Stag Bar and Grill and The From: Zdeba, Benjamin Stag Hotel Sent. Thursday, March 20, 2014 4:00 PM PA2 013 —15 3 To: Burns, Marlene Subject: FW: Liquor Store Rezoning near Newport Pier Importance: High RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644-3253 bzdeba ra?newaortbeachca.aov From: Paul L Louchis fmailto:paulnewport(cbme.coml Sent: Thursday, March 20, 2014 3:45 PM To: Zdeba, Benjamin Cc: Marovic Mario Subject: Liquor Store Rezoning near Newport Pier Importance: High R My name is Paul Louchis, I am a long time resident and home owner on the Newport peninsula, and I am very familiar with the Newport Pier retail area. Mario Marovic is seeking to eliminate a liquor store tenant in his property and to use the additional space to enlarge the restrooms and build a kitchen for his bar the District. I fully support his efforts for the following reasons: 1) It is his property, and his right to run it as he sees fit. It's called liberty! 2) Mario recently invested heavily in his bar Malarky's, which has reinvigorated the location, created jobs, increased tax revenues, and improved a community establishment in my neighborhood. He is merely attempting to do the same with the District. 3) There has been an extreme decline in small businesses on the peninsula. Significant investment, business changes and improvements are required to save small businesses on the peninsula. Mario is an owner who is investing to reverse this trend. 4) There would remain an adequate number of places to purchase alcohol, in exiting retail locations. 5) The city needs to support owners willing to put their hard earned money on the line, to improve their businesses, when many other owners simply can not survive this difficult economic environment. I am in the process of making a tree donation to the Newport Pier area with Dan Sereno, so I do care about improving the area. Small business add to the quality of life of local residents, but, only if they exist! I fully support the improvement of the District Lounge as proposed by Mario Marovic! Regards, Paul Louchis Correspondence Item No. 3w Planning Commission The Stag Bar and Grill and The Stag Hotel Regular Meeting March 20, 2014 PA2013 -153 Agenda Item No. 3 PA2013 -153 Proposed changes to The Stag Bar and Grill Planning Commission Resolution for Approval (Conditional Use Permit No. UP2013 -016) Section 2 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) Guidelines under Class 1 (Existing Facilities). Section 3 In accordance with Section '^�5r 20.52.020.F (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Section 4 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013 -016, subject to the conditions set forth in Exhibit "A ", which is attached hereto and incorporated by reference, and concurrent with Conditional Use Permit No. UP2014 -005. 1: lll*T i/_ii 14. That the occupant load of the eating and drinking establishment shall not exceed 207 persons, including the outdoor patio area (158 persons interior and 49 persons outdoor patio). 20. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, Tthe applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. Additional Conditions of Approval 53. All doors and windows of the entire facility shall remain closed after 10:00 p.m. except for the ingress and egress of patrons and employees. Planning Commission Regular Meeting March 20, 2014 Agenda Item No. 3 PA2013 -153 54. The issuance of the final certificate of occupancy for the eating and drinking establishment shall be concurrent with the issuance of the final certificate of occupancy for the hotel approved by Planning Commission Resolution Proposed changes to The Stag Hotel Planning Commission Resolution for Approval (Conditional Use Permit No. UP2014 -005) Section 2 2. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) Guidelines under Class 1 (Existing Facilities). Section 3 In accordance with Section 20 52 050 F 20.52.020.F (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Section 4 The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014 -005, subject to the conditions set forth in Exhibit "A ", which is attached hereto and incorporated by reference, and concurrent with Conditional Use Permit No. UP2013 -016. Exhibit "A" Additional Conditions of Approval 21. The issuance of the final certificate of occupancy for the hotel shall be concurrent with the issuance of the final certificate of occupancy for the eating and drinking establishment approved by Planning Commission Resolution BURNS, MARLENE From: Zdeba, Benjamin Sent. Thursday, March 20, 2014 5:45 PM To: Burns, Marlene Subject: FW: Stag Bar RE: The Stag Bar and Grill and The Stag Hotel (PA2013 -153) BENJAMIN ZDEBA PH. (949) 644 -3253 bzdeba(@newportbeachca.gov - - - -- Original Message---- - From: Michelle Nakadate f mailto :michellenakadate6(a)_vahoo.coml Sent: Thursday, March 20, 2014 5:43 PM To: Zdeba, Benjamin Subject: Stag Bar Dear Mr. Zdeba and Planning Commissioners, My names is Michelle, I live on the Peninsula on 30th St. I am writing in regards to the upcoming Planning Commission Hearing to support the Stag Bar, located on 121 McFadden PI. I am looking forward to the expansion of the Stag Bar because it will have a direct impact on my neighborhood. I purposely moved to the Peninsula to live in a safe place that provided the opportunity to walk to a place where I could dine at an establishment that offers both food and drinks. The removal of the liquor store will immediately make the area more safe. As you can imagine, it is much comforting to know that people on the Peninsula are in a controlled atmosphere like the "District Lounge" compared to buying individual bottles from a liquor store and drinking them on the beach and around our houses! In addition, the expansion of the Stag Bar will allow me to enjoy both food and refreshments at an additional place on McFadden Square. This expansion is an improvement for the community. I hope the commission will support this project! Regards, Michelle Nakadate The Stag Bar and Grill The Stag Hotel PAzoi3-153 kifl*tao Planning Commission Public Hearing March 20, 2014 �.wi>oti'7111 T D tduction cq4 FO RN I mi The Stag Bar and Grill ■ Conditional Use Permit to remodel and expand existing nonconforming bar into abutting liquor store tenant space and a reduction of the required parking. 2o6- square -foot dining area 337-square -foot kitchen area 297- square- foot ADA restroom facilities 476- square -foot outdoor patio area ® The Stag Hotel ■ Conditional Use Permit to alter and expand existing nonconforming hotel upstairs. Reduction of 3 hotel rooms (ii rooms to 8 rooms) Improved with individual kitchenettes and restrooms 03/20 /2014 Community Development Department - Planning Division z 4 An ., � The Stag �� � • a � Bar and Grill r ,;•, t � '+fit- �• � � - _,d� yy1 J ,l r ii .+S Newport Pier Parking • 1 - J � ti 1 J r a.. yam. suall c 1 i J oil it k cFa en _ Sri Square ' Div Parking \ __ _3 :mss. 4 A • "`.Ipi 2prh St _ MAP, 0 yam. c h46--l- Original Pizza TK Burger II Farro The Blue Beet zi Oceanfront Rockin' Baja Lobster y s + . L�� y • 1 \ Residential D I Y J Residential jw ~ Mixed- Use `p� owl •iY' ` � y *��r �6` '4 _�. Residential site Constructed in 1912 per County records Opened in 1914 as "The Stag Bar" Predate Zoning Ordinance No Use Permits Purchased by current operator in 2oo6 Hotel unregistered and no TOT paid 'm stays Community Development Department - Planning Division pr,��WPOR, m n 7 Ik II I-A FATS"* NEWPORT PIER STAG LIQUOR =TD6 �\ Z �k E�SnNb Er'� ,* L 4 1 pF1'IEE na .- t S�GR STG4 �5 \ 1 r a� Existing Floor Plan 2,5o6 sq. ft. 56 seats 'T 134 occupants ..... _ ..... . THE D15TRIGT LOUNGE ENS'w tot MAST) NIM, 8 KITCHEN 8 WALK -IN AREA Proposed Plan o "r to '°' seats) © VIII 476 patio area • A� viii �� �0 0�7� ©O ���� -II LE • • . O — m) OmR 4 L� STM, 11 W -IN rsr an Foao STOFIbE T, Mill MIN g1�94AM ois STOR A5F. BAR "T" W .rme wr ruv ro sw TM �we�ue M NIS I oft NA" a r Mw �NNI N .n go 03/20/2014 Community Development Department - Planning Division 3] 10 The District 6:oo a.m. 56 134 o None Type 48 No No Lounge to 2:00 sq. ft. (Public (EXISTING) a.m. Premise) The Stag Bar 6:oo a.m. 129 207 476 None Type 48 Yes Yes and Grill to 2:00 sq. ft. (Public (COA) (PROPOSED) a.m. Premise)* *Elimination of a Type 21 (Off-Sale General) ABC License 03/20 /2014 Community Development Department - Planning Division 11 Existing Parking Requirement Proposed Parking Requirement The District Lounge 34. spaces The Stag Bar & Grill 52 spaces Newport Pier Liquor 6 spaces - - The District Hotel 11 spaces The Stag Hotel 8 spaces Total 51 spaces Total 6o spaces 03/20/2014 No parking exists on -site to serve uses Waiver of 9 parking spaces Parking counts and study conducted Community Development Department - Planning Division A Lz b Existing Floor Plan 2,607 sq . ft. 11 rooms ROOF BELOW e� ■ 3 restroorns 1 kitchen #II II #q II #7 II #5 -M II L 111X11 11-all - I #I #10 #8 II #6 THE 015TRIGT HOTEL #4 II #5 03/20/2014 Community Development Department - Planning TE H #2 KITCHEN LVh, i I- DECK I Proposed Floor Plan � 300 S.F. 3,o83 sq. ft. E 40M s ■ Individual kitchens and w i �V1'C I I ® \ Imo} „/ �,II -■ mom MEMO The District ii 3 1 10� Pao No No Hotel (EXISTING) The Stag Hotel (PROPOSED) 03/20/2014 3 Yes Community Development Department - Planning Division Yes (COA) Yes (COA) i5 ll, e • Conduct a public hearing Adopt a resolution approving Conditional Use Permit No. UP2013 -o16 for The Stag Bar and Grill Adopt a resolution approving Conditional Use Permit No. UP2014- 005The Stag Hotel 03/20/2014 Community Development Department - Planning Division 6 1 For more information contact: Benjamin M. Zdeba 949-644 -3253 bzdebaQa newportbeachca.gov www.newport�eachca.gov District Lounge and M.N. =60--, Proposal for the Renovation Planning Commission March 20, 2014 Proposed Project Mario Marovic Personal Married to Ashlea Marovic and lives in Newport Beach with his two young daughters. Vested in the community Education USC- School of Entrepreneurship MBA - Marshall School of Business (USC) Experience Second generation Restaurateur Owns seven locations in Orange County Track Record Co- Founder of the Newport Beach Bar and Tavern Association in conjunction with the NBPD o Owns seven locations in Orange County o Our business model is to continuously improve existing establishments Employs 225 people at seven locations, in Orange County The History- Established 1914 The History- Established 1914 Why Are We Here? Improve upon an existing economically viable project by eliminating a liquor store and rehabilitating the existing hotel and lounge. Better Facility=Better Demographic How will District's Improvements Create a Positive Impact on the Community' Elimination of "Stag Liquor" which will remove an off -sale liquor license from District 15 (statistically reduce the concentration of liquor licenses). Adding a Conditional Use Permit and Operator's License that does not currently exist Improve the existing facility to reflect a more upscale atmosphere Adding a kitchen and hiring an executive chef to ensure a high quality, creative menu Building New ADA compliant seating, accessibility, restrooms & elevator Restrooms /Storage Current Restroom Not ADA compliant Both restrooms are small, inconvenient, and easily overloaded Current Storage Small closet under stairwell Proposed Restrooms Fully ADA compliant Spacious restrooms with weekend restroom attendants to provide a more hygienic and comfortable space for patrons Proposed Storage Additional walk -in cooler Additional dry storage area Security Plan 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 Letter of Recommendation Recommended by former Police Captain and 30 year veteran of the Fullerton Police Dept., Greg Mayes, responsible for coordinating police /community /business interaction, as specifically related to Downtown Fullerton "The success of any police /community effort relies upon the character and commitment of its City, community, and business leaders; Mario Marovic is such a leader." "Mario has lived up to his promises and exceeded expectations both personally and professionally in the Downtown business community." "I have seen firsthand what Mario can do with a historic restaurant property that had previously caused community strife. He cleaned it up, and worked with the neighbors and local government to create a winning situation for everyone," Pat McKinley, Fullerton Police Chief (Ret.) 1 USE Comparison CONDITIONS OF APPROVAL 1. Operator's License issued by Police Chief 2. Security Plan 3. Guard Card Certificate for Security Staff 4. ADA Bathroom 5. Conditional Use Permit (CUP) 6. Implementation of a Kitchen 7. ABC Training for Management 8. "Outside Promoter" Restriction EXISTING PROPOSED No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes Arial Map 7! At m The Stag Hotel The Stag Hotel currently has 1 1 units and the proposed plan will reduce this to 8 units 10 of these units share 1 sink, 2 toilets, and 2 showers Due to the current room conditions, people seeking short term lodging, which would trigger T.O.T. tax, do not want to stay here. Existing Hotel Rooms Existing Bathrooms Proposed Hotel Room H ®w will the Hotel's Improvements Have a Positive Impact ®n the Community? Better Facility = Better Demographic Each unit will have it's own restroom and kitchen facility The property will be 100% ADA compliant, complete with new elevator • TOT Tax (10 %) Revenue going directly to the city • Reduction in room count reduces the parking impact by 3 stalls. Police Department stated that improvements to the hotel would have an immediate impact on the community CONCLUSION A BETTER FACILITY = A BETTER DEMOGRAPHIC A BETTER DEMOGRAPHIC = POSITIVE IMPACT ON THE COMMUNITY