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HomeMy WebLinkAbout12 - Attachment CC3Attachment No. CC 3 March 3, 2011 Planning Commission Staff Report G= :'lw CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 3, 2011 Agenda Item 5 SUBJECT: Malarky's Irish Pub - (PA2010 -172) 3011 Newport Boulevard • Conditional Use Permit No. UP2010 -039 • Comprehensive Sign Program No. CS2011 -002 APPLICANT: Malarky's Irish Pub Inc. PLANNER: Jaime Murillo, Associate Planner (949) 644 -3209, jmurillo @newportbeachca.gov PROJECT SUMMARY The application consists of a conditional use permit request to expand an existing eating and drinking establishment and to allow for the use of off -site parking. The application also includes a request for a comprehensive sign program to allow more than 3 signs on a single- tenant building. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Use Permit No. UP2010 -039 and Comprehensive Sign Program No. CS2011 -003 (Attachment No. PC1). INTRODUCTION Project Setting The subject property is located on the northwest corner of the intersection of Newport Boulevard and 30th Street on the Balboa Peninsula. Surrounding land uses include The Landing shopping center to the north and west, Mama D's restaurant and an office building to the east across Newport Boulevard, and a 35 -space municipal parking lot to the south. Beyond the loading dock of the shopping center to the west are several single -unit and two -unit residential dwellings on 30th Street. 47 42 WIN111krd1hF_1• Existing Off -Site Parking & Easement Area � \r Existing Off -Site Parking _ Proposed Off -Site Parking Malarky's Irish Pub March 3, 2011 Page 2 Subject Property wLdL l�ele$rYN W% . znrr sr GENERAL PLAN ZONING A ,F a, '.� ` r,n t \\� ^a .� ' \ -1\5 in �E LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Neighborhood Commercial Malarky's Irish Pub Commercial CN Nei hborhood CN NORTH CN CN I Shopping center SOUTH Public Facilities PF Public Facilities PF I 35-s pace municipal parking lot EAST Visitor Serving Commercial Visitor- Restaurant and office Commercial CV Servin CV WEST CV and Two Unit CV and Two Unit Shopping center and residential Residential (RT) Residential R-2 beyond 50 Malarky's Irish Pub March 3, 2011 Page 3 The subject property consists of three parcels and 20- foot -wide easement for pedestrian and vehicular access and vehicular parking (see Vicinity Map). The restaurant/pub building itself and a portion of the required parking are located on the large, central parcel fronting Newport Boulevard. The balance of the required parking is located off - site on the 20- foot -wide easement to the north of the building and on the small parcel to the west. The applicant has also recently constructed a new parking lot on the former vacant lot south of the building in anticipation of the increased parking demand associated with this subject application. The building consists of 4,966 square feet of gross floor area, of which only 1,150 square feet is considered Net Public Area (NPA)'. The remaining floor area is used for office space, kitchen, food preparation, food storage, and restrooms. The existing furniture layout consists of a large, central bar and five bar tops located around the perimeter of the establishment. Sit -down dining is limited and consists of one booth and four tables. Project Description The applicant took ownership of the establishment in April of 2010 and is proposing to remodel and expand the establishment as follows: 1. Remodel- To more efficiently utilize the floor area within the existing building, the applicant is proposing to remodel the existing floor plan to include a new dining room, enlarged restrooms that are handicapped accessible, a new waiter service station, and a reduction of office space and food storage. As required by Building Code, the remodel will include the installation of fire sprinklers and a grease interceptor. 2. Interior Dining Room Expansion- To allow for increased food service, the applicant is proposing to add approximately 565 square feet of sit -down dining area. The dining area will consist of three new booths and approximately 11 new tables. The total interior NPA of the facility will increase to 1,715 square feet. 3. Outdoor Dining Patio— A new 782 - square -foot outdoor dining patio is proposed to be constructed on the north side of the building. The applicant is proposing to provide only one exit from the patio, which will limit the maximum occupant load to a total of 49 persons. A 9- foot -8- inch -high glass barrier will be used to surround the patio and will provide for sound - attenuation from the vehicular noise from Newport Boulevard. Area, Net Public. The total area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. 51 Malarky's Irish Pub March 3, 2011 Page 4 4. Facade Improvements - The applicant is proposing to improve the exterior appearance of the building by removing the changeable sign marquee and painted signs, and add new foam cornices, decorative metal trim and an antique clock, new signage, new awnings, and a new entry canopy. The applicant is proposing an architectural theme of a traditional Irish Pub. Proposed plans have been included as Attachment No. PC2. The total NPA of the establishment, including the interior dining room expansion and outdoor dining patio will be 2,497 square feet. No changes to the existing hours of operation are proposed (7:00 a.m. to 2:00 a.m., daily). During the day, the applicant intends to promote food service and operate as a restaurant establishment. In the late evening, the applicant intends to conclude food service and continue operating primarily as a bar. To address the increased parking demands of the establishment when operating as a bar and to minimize impacts to the residential uses in the vicinity, the applicant is proposing to close the outdoor dining patio at 11:00 p.m. No live entertainment or dancing is proposed; however, amplified music will be provided through a digital music jukebox. Background On May 20, 1976, the Planning Commission approved Use Permit No. 1792, which established Marlarky's Irish Pub, and accepted an off -site parking agreement for a portion of the required parking (see Off -Site Parking section for details).The use permit specifically permitted the establishment of a restaurant facility with on -sale alcoholic beverages. The hours of operation were limited to between 5:00 p.m. and 2:00 a.m. on weekdays and between 12:00 noon and 2:00 a.m. on weekends and holidays. On September 18, 1997, the Planning Commission approved an amendment to Use Permit No. 1792, allowing a change in the hours of operation to between 7:00 a.m. and 2:00 a.m., daily. A condition of approval was also added clarifying that the approval is for the continuation of a bar /lounge type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale and service of alcoholic beverages with incidental food service. DISCUSSION Analysis Use Classification As stated above, when Use Permit No. 1792 was amended in 1997, a condition of approval was added clarifying that the approval is for the continuation of a bar /lounge type facility as defined by Title 20 of the Municipal Code. However, when the Zoning Code was updated in October of 2010, the definition of Bar, Lounge, and Nightclub changed and is now defined as an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from the California State Department of Alcoholic Beverage Control 152 Malarky's Irish Pub March 3, 2011 Page 5 (ABC)... Persons under 21 years of age are not allowed to enter and remain on the premises. The applicant holds a Type 47 (On -Sale General- Eating Place) ABC license, which is not considered a public premise license; however, the applicant intends to continue operating as a bar in the late hours and as part of his security plan will not allow persons under 21 years of age within the establishment. The applicant also intends to operate the establishment as a restaurant during the day and intends to significantly expand breakfast, lunch, and dinner food service for persons of all ages. Therefore, the establishment's use classification will fall under the definition of Food Service, Late Hours2. Required Parking A total of 47 parking spaces are proposed on -site and within the adjacent off -site parking spaces. Pursuant to Section 20.40.060 of the Zoning Code, Food Service uses are required to provide off - street parking within a range of one space for each 30 to 50 square feet of NPA, depending on the physical design, operational characteristics, and location of the establishment. Use Permit No. 1792 (amended) established a parking ratio of one space per 44 square feet of NPA during daytime hours when the establishment operates as a restaurant, and a higher parking ratio of one space per 40 square feet of NPA during the evening when the establishment operates as a bar . Staff believes continuing to require the same variable parking ratios is appropriate for the following reasons: During the day, the intensity of the operation as a restaurant is substantially less than its nighttime operation as bar. The additional sit -down dining opportunities provided with the new interior dining room and outdoor dining patio are intended to expand food service, enhancing the restaurant operation during the day. The table and seating configuration will remain unchanged during the nighttime operation when the establishment operates as a bar, maintaining a lower occupant load in the sit -down dining areas. 2 Food Service, Late Hours. An establishment that sells food and beverages, including alcoholic beverages, prepared for primary on -site consumption, and that has all of the following characteristics: 1) Establishment does have late hours; 2) Customers order food and beverages from individual menus; 3) Food and beverages are served at a fixed location (i.e., booth, counter, or table); and 4) Customers pay for food and beverages after service and /or consumption. Late Hour Operations. Facilities that provide service after 11:00 p.m. 3 The rationale behind the split parking ratio was also related to the fact that the previous operator of Malarky's Irish Pub also owned and operated the Cannery Restaurant. The offices and storage space were jointly utilized to support Malarky's Irish Pub and the Cannery restaurant operations, and therefore, additional parking (3 spaces) was required during the day when the office space was in use. In the evening, the offices were not in use and the additional parking could be utilized exclusively for Malarky's Irish Pub. 153 Malarky's Irish Pub March 3, 2011 Page 6 • The outdoor dining patio is proposed to close at 11:00 p.m., reducing the capacity of the establishment when it operates primary as a bar. The location of the establishment on the Balboa Peninsula affords the opportunity for significant walk -in and bike -in trade. • A 35 -space municipal parking lot is located directly across 30`h Street and provides convenient parking should parking within the establishment's parking lot be full. Parking is also free of charge after 6:00 p.m. within the municipal lot and is in lower demand in the evenings when the intensity of the establishment is likely to increase. Section 20.40.040 of the Zoning Code also includes a provision that excludes a portion of outdoor dining area (equal to 25 percent of the interior NPA) from required parking calculations. Based on the proposed interior NPA of 1,715 square feet, 429 square feet of outdoor dining is excluded from the parking calculations (1,715 sf x 0.25 = 428.75 sf). Therefore, a total of 2,068 square feet of NPA (1,715 sf of interior NPA + 353 sf of remaining outdoor dining) is utilized for the purposes of calculating required parking. Based on the variable parking ratios discussed above, a total of 47 parking spaces will be required during the day when the establishment operates as a restaurant and a total of 43 spaces will be required during late hours (after 11:00 p.m.) when the establishment operates as a bar. Table 1 below provides a parking breakdown and comparison with the existing approval. Table 1 — Parking Requirements and Comparison Approved Project Proposed Project Total Net Public 1,150 sf 2,497 sf Area includes 782 sf outdoor dining) Net Public Area for 1,150 sf 2,068 sf Parking Purposes includes 353 sf of outdoor dining) Hours Entire Facility Bar and Dining Area 7:00 a.m. to 2:00 a.m., daily 7:00 a.m. to 2:00 a.m., daily Outdoor Dining Area 7:00 a.m. to 11:00 p.m., daily Parking Required Day -1 per 44 sf Day -1 per 44 sf (1150/44 =26 spaces) (2068/44 =47 spaces) Late Night- 1 per 40 sf Late Night- 1 per 40 sf 1150/40 =29 spaces) 1715/40 =43 spaces) Parking Provided 29 spaces 47 spaces (including proposed off -site parking) Parking 0 Day - 0 spaces Surplus /Deficit Late Night - 4 space surplus Mil Malarky's Irish Pub March 3, 2011 Page 7 Off -Site Parking Use Permit No. 1792 authorized the existing establishment to utilize off -site parking on the 20- foot -wide easement to the north of the building and on the small parcel to the west. A reciprocal easement agreement provides the establishment with exclusive rights to the parking spaces located within the 20- foot -wide easement in perpetuity. The small parcel to the west is owned by the same property owner of subject property, William J. Cagney Trust, but was never merged into one parcel, thereby requiring an off -site parking approval. The new parking lot located south of the building is also owned by the same property owner; however, because the property owner has not merged the parcels into one lot, the formal approval of off -site parking is required to formally utilize the new parking lot. Pursuant to Section 20.40.100 of the Zoning Code, off - street parking on a separate lot from the project site may be approved with a conditional use permit. In addition the standard conditional use permit findings, the Planning Commission must make the following findings below: 1. The parking facility is located within a convenient distance to the use it is intended to serve; 2. On- street parking is not being counted towards meeting parking requirements: 3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 4. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Staff believes sufficient facts exist in support of each finding. The proposed off -site parking lot is located adjacent to the subject property and the parking lot has been designed as an extension of the existing parking lot for the establishment. The required 47 parking spaces are provided entirely within the parking lot. The Traffic Engineer has reviewed and approved the configuration of the new parking lot extension and proposed changes to the existing parking lot, and has determined that the parking lot design will not create an undue traffic hazard in the surrounding area. The northerly driveway will be modified for one -way ingress and the southerly driveway will provided for both ingress and egress circulation. The applicant has entered into a 10 -year lease, with an option to renew for an additional 5 years, for use of the three parcels and 20- foot -wide easement (Attachment No. PC3- Basic Lease Provisions). Given that the William J. Cagney Trust owns the subject building and associated off -site parking lots, and has entered into a long -term lease with the applicant, staff believes the parking facility will be remain available, marked, and maintained for the use of the subject establishment. A condition of approval has also been added requiring the 47 spaces to be permanently provided on -site or within the adjoining off -site lots. 55 Malarky's Irish Pub March 3, 2011 Page 8 Late -Hour Operations Pursuant to Section 20.48.090 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 outdoor uses and activities; 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 nearest residential uses are located to the west on 30th Street, across from the loading dock of the adjacent shopping center. The nearest dwelling is located approximately 130 feet from the closest extent of the new parking lot boundaries and approximately 220 feet from the building itself. The adjacent shopping center building and an 8- foot -high block wall provides a screening and noise buffer from the project site. The applicant has also planted a row of bamboo trees along the block wall to help visually screen the establishment. The applicant is not proposing any live entertainment or dancing; however, amplified music through the use of a jukebox is currently used. A condition of approval has been included requiring the exterior doors and windows to be maintained in 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 north side of the building, its distance of approximately 300 feet from the nearest residential dwelling, and the shielding by the existing shopping center building. The outdoor dining patio is also surrounded by a 9- foot -8- inch -high glass barrier that should help attenuate sound and will be completely closed by 11:00 p.m. No new lighting is proposed with the exception of illumination for the new signage and the outdoor patio. Existing exterior lighting exists only to illuminate the parking lot. Malarky's Irish Pub is an existing establishment that currently operates as a bar until 2:00 a.m. Although the outdoor dining patio is proposed to close at 11:00 p.m., the interior dining expansion is expected to double the existing interior occupant load of 91 persons. The proposed plans indicate an interior occupant load of 198 persons; however, preliminary review by the Building Department reveals that the figure will likely S0 Malarky's Irish Pub March 3, 2011 Page 9 be reduced by approximately 20 -30 persons after the plans are reviewed for Code compliance during building plan check. 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 on 30th Street due to the potential for patrons to loiter in the parking lot and adjacent streets, intoxicated patrons leaving the establishment, and noise from patrons walking home. The applicant has submitted a detailed security plan for consideration that outlines their plan for minimizing alcohol - related problems and crowd management (Attachment No. PC4). Should the Planning Commission approve all or any part of the conditional use permit request, 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 temporary increase in traffic during late and early morning hours on weekends is also expected on 30th Street when the establishment closes. Left -turn movements out of the parking lot and northbound on Newport Boulevard are prohibited, and u -turns from the southbound left turn pocket on Newport Boulevard are also prohibited; therefore, patrons leaving the establishment and wanting to travel northbound out of the Peninsula are expected to either: 1) travel south on Newport Boulevard to 28th Street, where they can make two quick left -turns onto northbound Newport Boulevard; or 2) travel down 30th Street and make a right turn northbound on Balboa Boulevard. Traffic noise associated with the later option may be audible to the residents on 30th Street. Unfortunately, after discussing the concern with Traffic Engineering and reviewing the roadway geometrics, modifying the striping within Newport Boulevard to allow the left - turn movement will not be possible. The trash enclosure is not currently provided on -site; however, the applicant is proposing to construct a new enclosure in the northwest corner of the parking lot. The design and area of the enclosure is proposed to comply with the design requirements of the Zoning Code. Police Department Concerns The Newport Beach Police Department provided staff a memorandum expressing concerns with the applicant's request (Attachment No. PC5). The Police Department is concerned that the increased occupant load of the establishment will result in an increase in police related activities and calls for police services. The resources required to address these potential events would detract from their ability to provide police services to other areas of the community. The 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 483.95 percent above the Citywide RD average. For these reasons, the Police Department is recommending that the outdoor dining area close at 57 Malarky's Irish Pub March 3, 2011 Page 10 10:00 p.m. and that the Planning Commission deny the applicant's request for the interior expansion. 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 the initial Operator License based on the decision of the Planning Commission. Conditional Use Permit Findings Pursuant to Section 20.52.020.E of the Zoning Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, 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. Staff believes sufficient facts exist in support of each finding. The operation of a Food Service, Late Hours use, with alcoholic beverages, is consistent with the purpose and intent of the Neighborhood Commercial (CN) land use designation of the General Plan and Commercial Neighborhood (CN) Zoning District. The CN designation and district are intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented primarily to serve the needs and maintain compatibility with the residential uses in the area. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. 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 recent parking lots improvements and proposed facade improvements will have a positive impact on the overall aesthetics and economic health ON Malarky's Irish Pub March 3, 2011 Page 11 of the community, and will hopefully promote further revitalization of the other commercial properties located along Newport Boulevard. 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. Adequate parking will be provided for the proposed operation at all times of the day, with a surplus of parking provided during late hours. The proposed outdoor dining patio will close by 11:00 p.m., once full meal service has concluded. The location and design of the outdoor dining patio should buffer the nearby residential uses from any potential noise disturbances when the outdoor patio is operational. To ensure that the interior expansion of the establishment does not create a detrimental impact during late hours, the operator will be required to secure an Operator License and will be required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance to areas surrounding the establishment and adjacent properties during business hours. 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. Comprehensive Sign Program The applicant is proposing a total of five walls signs, eight awning signs, and one projecting sign. Pursuant to Section 20.42.120 of the Zoning Code, approval of a Comprehensive Sign Program is required whenever 3 or more signs are proposed for a single- tenant development. The purpose of a sign program is to integrate all of a project's signs, including a project identification sign, with the overall site design and the structure's design into a unified architectural statement. It is also intended to provide flexibility in the application of the City's sign regulations to projects that have multiple signs when it can be shown that the proposed program achieves the purposes of the City's sign ordinance. The applicant is proposing to renovate the exterior appearance of the building in the architectural theme of a traditional Irish pub (Attachment No. PC6- Examples). The applicant's proposed plans include a Comprehensive Sign Program that defines the size, number, and design of all signage for the development (Attachment No. PC2 — Sheets A3.1 and A3.2). Staff has also prepared a Sign Program Matrix to supplement the plans and to specifically define the permitted sign standards for this project (Exhibit B of Attachment No. PC1). The Sign Program proposes the following deviations from the City's sign code regulations: Number of Signs — Maximum of one sign allowed per primary and secondary building frontage. The proposed signage includes three wall signs, four awning signs, and one projecting sign on the primary frontage. The secondary frontages include one wall sign and two awnings signs. 159 Malarky's Irish Pub March 3, 2011 Page 12 Wall Signs (Separation) — Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. The proposed wall signs maintain a separation as close as 18.5 feet. Wall Signs (Centering) - Signs shall be located within the middle 50 percent of the building frontage. The proposed wall signs on the primary frontage are equally spaced from each other and are located within the middle 75 percent of the building frontage. The signs on the secondary frontages are located towards the front corner of the building closest to Newport Boulevard. The sign code normally allows one wall sign up to 75 square feet in area on the primary frontage; however, due to the existing tower element on the building that divides the front facade, one large wall sign cannot be achieved. Breaking up the signage into three separate smaller wall signs allows for a more aesthetically pleasing orientation of signage and achieves the applicant's design theme of a traditional Irish pub. The projecting sign and awning signs are minor and incidental the wall signage. Combined, the proposed signage does not exceed the allowable sign area for each frontage. Also, given the orientation of the building, staff believes the deviations in the wall signs separation and centering are merited to allow the applicant more effective sign placement. Allowing the signs on the on the secondary frontages to be located towards the front corner of the building allows for increased sign visibility for motorists driving along Newport Boulevard. Pursuant to Section 20.42.120.E, a Comprehensive Sign Program shall comply with a number of standards. Staff believes sufficient facts exist in support each standard and has included such facts in the attached draft resolution. Correspondence The applicant has provided various letters in support of the project. The letters have been included at Attachment No. PC7. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). This exemption authorizes additions to existing structures of up to 10,000 square feet. The proposed project consists of a 565- square -foot interior dining room expansion and the construction of a new 782 - square -foot outdoor dining patio, and therefore, qualifies under this exemption. WO Malarky's Irish Pub March 3, 2011 Page 13 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application requests. Prepared by: aime Murillo, Associate Planner Submitted by: Patrick J. Alford, Planning Manager ATTACHMENTS PG 2 Pfejeet Plans PC 3 Basic Lease Provisions PC 4 Security and Crowd Management Plan PC 5 Police Department Memorandum PC 6 Design Examples F:\USERS\PLMShared\PA's\PAs - 2010\ PA2010 - 172\ 20110303_UP2010- 039_PC_rpt.docx TmpIC 11/23/09 01 02 o3 04 05 00 Attachment N®. PC 3 Basic Lease Provisions 07 02 BASIC LEASE PROVISIONS Effective Date of Lease: the 1" day of January, 2010 Landlord: Theresa C. Morrison, Trustee of the William J. Cagney Trust dated April 17, 1987 Landlord's Notice Address: William J. Cagney Trust Theresa Cagney Morrison, Trustee c/o CE Property Management Services 1953 San Elijo Avenue, Suite 202 Cardiff, California 92007 ATTN: Judy Lehnhoff, Director of Property Management AND P. O. Box 549 Cardiff, California 92007 Additional Notice Address: William J. Cagney Trust Attn: Theresa C. Morrison, Trustee 1953 San Elijo Avenue, Suite 202 Cardiff, California 92007 Address for Payment of rent: Same as above for Landlord's notice Tenant: MARIO MAROVIC AND ASHLEA ESPARZA MAROVIC, Husband and Wife Tenant's Notice Address: Premises Street Address : 3011 Newport Boulevard Newport Beach, California 92663 -3809 Premises Floor Area: and 047 - 060 -06) collectively contain approximately 14,180 square feet c: d,mniiwi, and xnin,\cynWry docmrwnl�bwwpn Ixn: hbuario manrrk master Iniw.? did I.5.10A x 01 off/ A Am Base Term: Option(s): Date of Delivery: First Twelve Month's Minimum Annual Rent: Security Deposit: First Month's Prepaid Rent: Percentage Rent Rate: Tenant's Trade Name: Permitted Use: Broker: EXHIBITS: of land area (within which there exists a building of approximately 5.134 sauare feet). Ten (I0) years One (1) option of five (5) years with Minimum Annual Rent as set forth in Exhibit C, Options Subject first to the provisions of Section 27.e) contained herein, Landlord will deliver the Premises to Tenant within 3 days following condition as of the date of delivery. Cyndi Ybarra (for Landlord) "A" Site Plan "B" Work Letter "C" Options "C -I" Acknowledgment of Commencement of Term "D" Rent Schedule "G" Tenant's Estoppel Certificate II -2- 4u'_ :F0 vnwl Pry Attachment No. PC 4 Security and Crowd Management Plan 71- 72 SECURITY PERSONNEL All security personnel will be directly employed by the Malarky's Irish Pub and as such will be subject to all Malarky's Irish Pub procedures and policies. Including but not limited to having a current guard card for the duration of employment, fulfilling Malarky's training course and being L.E.A.D certified. All records will be kept on file and accessible to the manager on duty. Malarky's security personnel responsibilities will include but not limited to: • Verifying that guests are of appropriate age and posses current up to date California acceptable I D's • Greeting Customers • Enforcing dress code: o No tank tops o No bandanas o No club affiliation(gang attire) o No sports jerseys o No UFC affiliated attire (tapout) o California casual attire Maintaining a clear and safe environment both inside and outside the business • Observing for over intoxicated guest o Not allowing any such person entrance to the business i Being proactive by watching for aggressive or confrontational guests • Intervening before a verbal altercation before it becomes a problem • Helping to keep order and clear passage for both guests and personnel alike • Keeping an accurate count of guests and employed personnel in the building • Helping to ensure that no minors are being served alcohol 73 Two security members will be inside with pre- designated posts to help prevent congestion. They will also be responsible for helping to maintain a safe environment by observing for over intoxicated guests and potentially violent guests or situations We will have a security staff member at each door from 9PM till close. On any given night we will have one security person for every 50 persons in the building. In addition to having security staff on duty we will also have a 16 camera video surveillance system that cover most parts of the interior and some of the exterior including queuing and designated smoking areas. In a case where our surveillance can be helpful we will be more than willing to turn over any video footage we may have to Newport Police department. Sunday, Monday, Wednesday 1 -2 Security Staff members at 913M, an additional 1 to 2 at 1oPM amount may vary depending on the number of guests Tuesday, Thursday, Friday, and Saturday 2 Security staff members at 913M, an additional 2 to 3 at 10PM We will increase security staff to accommodate and account for any national holidays, long weekends, etc. As we understand that those particular days increase business. SECURITY PERSONNEL UNIFORMS All security personnel will be required to wear a Malarky's security uniform. The Malarky's Irish Pub will provide the following items to complete the uniforms. An identifying tag with SECURITY etched into it to help identify them as security personnel Flashlights, digital counters, black lights for the doors, current ID books, 30x Magnifying loop, Kenwood 2 way radios with Pryme noise reduction acoustic ear pieces In addition, Security personnel will be required to carry current guard cards and ID on them at all times. CONTROL AND CLEARANCE OF PARKING LOT /SIDEWARLD /QUEUING AREA When the first two security personnel have clocked in one will be instructed to do a physical count to establish our current head count. Once the first security member has completed a count they are to set both counters to our current head count. From this point anyone entering or exiting will be accounted for by communicating via radio. '� Once we have reached capacity and there is need for a queue, all guests will be asked from the front entrance only. The line will form on the front side of the property and run in line with our property as to not encroach on the public sidewalk. Anyone who wishes to smoke will be asked to smoke on the South side of building at which time the South side door will be for exit only and smoking. When a guest steps outside to smoke they receive a stamp and will still be included into capacity count. If a person leaves from the South side of the building, the security member stationed at that door will radio to the person stationed on the Front door the amount of people exiting. The security staff member on the Front door will do the same and also radio the amount of people entering to help insure an accurate count at both doors. Security personnel will be in constant communication with each other and managers throughout the night. Malarky's Irish Pub Security personnel will be required to perform periodic patrols of the immediate parking lot to ensure no loitering littering, graffiti or illegal consumption of alcohol or narcotics. If any persons are observed partaking in any illegal activities they will be asked to cease and desist and the manager on duty will be notified and in turn will notify the Newport police department. Upon closing, 3 of the Malarky's security personnel will patrol the parking lot in our immediate area to ensure safe departure of Malarky's guest and pedestrians. Once the parking lot is clear a member of the Malarky's security staff will be required to sweep the immediate area of the business to make it is free of trash cigarette butts and debris that any have accumulated due to business operations. INCIDENTS INVOLVING FORCE Malarky's Irish Pub has a strict no hands on policy. We have instructed all personnel to avoid aggressive or forceful confrontation with a potentially aggressive guest. We encourage a verbal and diplomatic resolution to a problem guest. We only condone reasonable force to subdue an aggressive guest if they're a direct threat to themselves, another guest or other member of Malarky's personnel. If force is required in any way security personnel are required to follow the strict procedures that have been set forth and signed by each security staff member established by the Malarky's Irish Pub. These procedures include notifying Newport Police Department as soon as it is safe or situation allows INTOXICATED PERSONS Once an over intoxicated guest has been identified, the security member will notify the manager. At that point all serving staff will be notified that the person in question will no longer be served alcohol. If the person in question is with a group of people the manager and a member of the security staff will approach one of his /her sober friends to possible assist in getting the person in question an alternative form of transportation home. As according to California law it is illegal to serve or have a person who is obviously intoxicated in your establishment. 715 If the person in question is alone a manager accompanied by a security staff member will approach the guest and inform them that we will no longer by law be allowed to serve them alcohol. At which point the manager will offer an alternative mean of transportation i.e. Taxi or a friend to pick them up. If the person refuses and insists on driving the security staff member will then keep the person in a question engaged conversation while the Malarky's manager on duty will call Newport Police Department and no them of the situation providing them with any pertinent information. It is Malarky's policy to assist an intoxicated person in finding an alternate means of transportation home other than driving. VERIFYING AGE /CHECKING IDENTIFICATION When greeting customers, Security personnel will be responsible for making sure that the guest entering is of age, has a current California accepted bona -feed ID. The ID should be current and offer a physical description, have a photo and show date of birth to be 21yrs of age or older. If the security member greeting has any questions about the ID they will be instructed to consult our most current California acceptable ID book provided by one of our local distributors. Malarky's enforces the F.L.A.G. procedure. Feel — Feel the ID for any inconsistencies. Cracking, Peeling, Texture Look — Look at the ID to make sure all information is correct and current and make sure the person on the ID is the person presenting it. live? Ask — Ask questions. For example. Are you 21 or older? What is your birthday? Where do you Give Back — Once they have determined that the person possessing the ID is 21 years of age or older, they will give the ID back to the person and allow them the enter If determined that the ID presented is not real or is another person than the one presenting it. The greeting security member will notify the manager on duty, confiscate the ID and provide the person with a receipt and instructions that it will be turned over to the Newport Police Department within 24 hours and can be claimed there. We also provide our security staff that greets guests with a black light to help identify any black light sensitive printings and a 30x magnifying loop for Micro printing. CONCLUSION We at the Malarky's Irish Pub understand the importance of being proactive when it comes to security 70 situations. It is important to be firm and impartial. We also stress to our security staff to stick to the facts when dealing with a situation. Opinions and personal feeling may not and cannot be a part of decision making when it comes to the safety and control of the guests. We also stress the importance of communication between servers security and managers. That is why whenever we have security staffs on duty all security and managers will be wearing a radio to help aid in communication and professionalism. We have a managers involved in any security related issue whenever possible. All security personnel are instructed never to handle a situation by themselves. We take a great pride in having a knowledgeable friendly and professional security staff. We at the Malarky's Irish Pub also understand the importance of police involvement in altercations or other specific security issues. It is important to be willing to work with the Newport Police Department to help us insure the safety of our guest and pedestrian walking by our establishment. We encourage notes comments and support of the Newport Police Department. 77 72 Attachment No. PC 5 Police Department Memorandum w City of Newport Beach Police Department Memorandum December 9, 2010 TO: Jaime Murillo, Associate Planner FROM: Detective Bryan Moore SUBJECT: Malarky's Irish Pub, 3011 Newport Boulevard, Use Permit No. 2010 -039, (PA2010 -172). At your request, the police department has reviewed the project application for Malarky's Irish Pub, located at 3011 Newport Boulevard, Newport Beach. The applicant requests to expand the existing restaurant and bar. The expansion includes remodeling the interior of the facility to create a new seating area and to provide ADA compliant restrooms. The interior net public area (NPA) is proposed to increase by 649 square feet. A new 796 square foot outdoor patio is also proposed to be constructed. Overall, the facility will have a total NPA of 2,735 square feet. In addition, the applicant is proposing to renovate the exterior of the facility including the installation of new signs, awnings and an entry canopy. Proposed hours of operation are 7:30 a.m. to 2:00 a.m. The applicant will be proposing valet parking on the weekends to accommodate the peak parking demand of 57 spaces. It is also the applicant's intent to utilize the valet to mitigate noise and prevent loitering in the adjacent parking lot. A valet parking management plan is currently under preparation. The applicant currently holds a Type 47 (On Sale General — Eating Place) " license, in good standing, with the Department of Alcoholic Beverage Control. I have included a report by Crime Analyst Paul Salenko 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 75% 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 Malarky's Irish Pub since April of 2010. 21 Malarky's UP No. 2010 -039 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 the District Lounge and the Landmark Steakhouse. Morovic intends on maintaining Malarky's as a traditional Irish pub; however, he proposes several renovations that will aesthetically improve the exterior and interior of the restaurant. Marovic envisions that the expanded interior / patio will be utilized for dining where breakfast, lunch and dinner will be served 7 days a week. Additionally, Marovic plans on providing an upscale menu of traditional Irish cuisine that will enhance the overall quality of the restaurant. Marovic also acknowledges that after 10:00 p.m. the establishment will primarily be utilized as a bar; however, he does wish to make a late night menu available until close. Police Activities and Calls for Service Data 1Malarkv's Irish Pub) The below information represents the time period between December 1, 2009 through December 1, 2010: TYPE CALLS /INCIDENTS NOTES Fights /Disturbance Calls 23 Batteries, loud music, keep the peace B &P Violations 1 Minor in Possession of Alcohol Alcohol Related Arrests 2 (1 ) DUI and (2) public intoxication Officer Initiated Activity 29 Bar checks, subject/vehicle stops Misc 15 Alarm, theft reports, MC violations *The above table is a cursory look at calls for service. The individual details of each event have riot been investigated. Recommendations The proposed location for Malarky's Irish Pub 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 38 residents). Additionally, this RD had a total of 946 reported crimes as compared to a City wide reporting district average of 162 reported crimes (483.95 % 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, Malarky's Irish Pub has traditionally operated primarily as a bar between the hours of 10:00 p.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. Despite the best operator's intentions, the Police Department believes that this change will have a significant impact on noise with regard to the nearby residential areas. 2 22 Malarky's UP No. 2010 -039 We are also projecting that the applicant's proposal will result in an increase in police related activities and calls for police services. The resources required to address these events would detract from our ability to provide police services to the other areas of the community; therefore, we are recommending against the expansion of the interior of Malarky's Irish Pub. 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. Should this application 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 7:30 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. es Malarky's UP No. 2010 -039 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 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: Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the planning commission first approves a use permit. 2. No alcoholic beverages shall be consumed on any property adjacent the licensed premises under the control of the licensee. 3. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9 p.m. 4. 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. 5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department on demand. 6. 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. 7. There shall be no live entertainment allowed on the premises. 8. There shall be no dancing allowed on the premises. 4 24 Malarky's UP No. 2010 -039 9. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 10. Food service from the regular menu must be available to patrons until close. 11. Strict adherence to maximum occupancy limits is required. If you have any questions, please contact me at (949) 644 -3725. u w Detective an Moore ABC LiaisonNice /Intelligence �r-j Craig Fox, Captain Detective Division Commander 5 25 20 City of Newport Beacn Police Department Memorandum December 6, 2010 TO: Makana Nova, Assistant Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Malarky's Irish Pub at 3011 Newport Blvd. This area encompasses our reporting district (RD) number 15 as well as part of Census Tract 635. This report reflects City of Newport Beach crime data for calendar year 2009, which is the most current data available. Calls for Service Information City wide there were approximately 69,294 calls for police services during this time, of which 6,663 were in RD15. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,194 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,884 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,350 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,297.31 per 100,000 people. The national Part One crime rate was 3,667.02* per 100,000 people. Crimes RD 15 Newport Beach California* National* Part 1 343 2,884 1,184,073 10,639,369 Part 2 242 3,350 N/A N/A Part 1Crime Rate 11,506.43 3,297.31 3,203.52 3,465.52 The number of active ABC licenses in this RD is 79 ** Per capita ratio 1 license for every 38 residents. This reporting district had a total of 946 reported crimes as compared to a City wide reporting district average of 162 reported crimes. This reporting district is 784 crimes more or 483.95% above the Citywide reporting district average. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. 27 Arrest Information There were 80 DUI arrests and 281 Plain Drunk arrest in this area during this same period as compared to 1,270 for the entire city. This RD amounts to 28.43% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests (DUI /Drunk) Total Arrests RD 15 Newport Beach 361 1,270 796 3,595 California* National* 324,442 2,094,731 1,474,004 13,687,241 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 13 and RD 16 Crimes RD 13 RD 16 Part 1 112 167 Part 2 79 107 Crime Rate 5,812.62 6,003.49 Arrests (DUI /Drunk) 39 110 Total Arrests 161 323 Calls For Service 2,554 3,261 Number of active ABC licenses 6 ** 6 ** Per capita ratiol license for every 321* residents 464* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 86,252. *These numbers are from the 2009 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of June 30, 2009 the Orange County average of active, retail ABC licenses was 1 license for every 542 residents. (5,589 licenses and a population of 3,026,786) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit 22 Attachment No. PC 6 Design Examples 29 90 T. W I � l I I 4� I �I r� f lY p it 91- I 1 92 - 9s 94