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Home My WebLink About12 - Attachment CC6Attachment No. CC 6 Letters in Opposition 133 i34 Murillo, Jaime From: Lori Morris [lorirmorris @gmail.com] Sent: Thursday, March 03, 2011 3:29 PM To: Earl McDaniel; Susan /Barry Eaton; Michael Toerge; ameri @rbf.com; Robert Hawkins; cwunsworth @cox.net; bhillgren @highrhodes.com Cc: Kiff, Dave; Rosansky, Steven; Selich, Edward; Mike Henn; Hill, Rush; Gardner, Nancy; Curry, Keith; Daigle, Leslie; Brown, Leilani; Murillo, Jaime Subject: Malarky's Bar Expansion Application March 3, 2011 Please enter into the public record City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Planning Commission City Clerk City Council Jaime Murillo Reference: Malarky's Application up 2010 -039 Planning Commission, City Council and Staff: I would like to echo Cindy Koller's request to deny the Malarky's Bar expansion application. As a resident of the Peninsula I am appalled that the staff report submitted does not go into greater detail regarding the impacts to residents this expansion would most certainly impose. The Peninsula zone has a far greater burden than any where else in the City of Newport Beach in regard to alcohol establishments. As we have been involved with the (hopefully) better use of the old City Hall site ... it would seem at this point the city staff would look at the entire impact of adding even more space for drinking alcohol in such close proximity to the future use of that site. Residents of the Peninsula should not continue to bear the burden of even ONE MORE bar or expansion and we would expect our city leaders to be looking for ways to mitigate the problems we have now with over crowded bars, not enough parking and the general crime that goes along with that. Our City Council just voted to give our Police Chief and his Dept. more latitude in dealing with the problem we now have with alcohol establishments ... yet City staff seems to be ignoring the letters of request to deny this application written by our very own Police Dept. detectives. I find that troubling and of great concern. As was reported, we had a death recently in our city directly attributed to the intoxication and drowning of a young man who had frequented the very same bars in and around the area in question. I do not wish to use his horrible death to remind our city employees of the dangers that come with being complacent in regards to too many bars in such a dense area and close proximity to a LARGE body of water but it cannot be ignored. 135 PLEASE... residents are looking to you to help end the over saturation of bars and drinking establishments in the Peninsula zone. I am asking you to deny this request and in the future please be mindful of the already established burden that the Peninsula resident must endure. Thank You, Lori Morris West Newport ISO Murillo, Jaime From: cynthia koller [gracenbl @yahoo.comj Sent: Thursday, March 03, 2011 2:38 PM To: Earl McDaniel; Susan /Barry Eaton; Michael Toerge; ameri @rbf.com; Robert Hawkins; cwunsworth @cox.net; bhillgren @highrhodes.com Cc: Kiff, Dave; Rosansky, Steven; Selich, Edward; Mike Henn; Hill, Rush; Gardner, Nancy; Curry, Keith; Daigle, Leslie; Brown, Leilani; Murillo, Jaime Subject: Malarky's use permit application 2010 -039 March 3, 2011 Please enter into the public record City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Planning Commission City Clerk City Council Jaime Murillo Reference: Malarky's Application up 2010 -039 Gentlemen: After reviewing the entire staff report on the Malarky's use permit application I would like to express my concerns with the 'expansion' and staff findings. It seems the city planning staff has penciled a standard response to the applicant but has not performed due diligence when it comes to representing the factual concerns of the residents who live on the Peninsula and near this project. It is commendable and the community is very pleased that Mr. Marovic would like to further improve what has long been an eyesore in this area and yes he has made substantial beautification improvements and we are grateful but the residents concerns of I increases of noise, nuisances, foot traffic, vehicle traffic and crime associated with an increased drinking clientele seems to be overlooked. No one in the community is against Mr. Marovic trying to improve his business especially in these economic times but a request to double the inside occupant load from 91 to 198 then adding an additional 49 patrons on the patio at a drinking establishment, any bar /restaurant in such a high density area is going to cause a considerable added undue burden on the residents who live in close proximity to this property, a huge strain on resident parking (patrons using Albertson's parking lot), an added impact on Hoag's already impacted ER (per the physicians who work there) and a overload on our city services(PD,Fire and Paramedic). Mr. Marovic has outlined a well thought -out security plan to try to reduce the impacts he knows will come with a large jump in clientele but we all are painfully aware that no matter how well intentioned and implemented his plan is, it is only as good as the area he can apply it to, once these clients leave the property the burden and impacts fall directly on the residents and the Newport Beach Police Department. As one resident my police logs represent a small look into the late night impacts suffered by residents who live in such a dense mixed -use area near these bars on the Peninsula (fighting, crude loud language, public urination, vomiting on our properties, public sex, increase vehicle traffic using side streets to avoid Police units and a barrage of vehicle hit and runs). I sincerely wish Mr. Marovic continued business success and applaud him for the positive changes he has made thus far but would respectfully ask the planning commission to consider the facts the NBPD submitted and deny his request for expansion of an outside patio area. i37 Sincerely, Cindy Koller West Newport Resident ISO Murillo, Jaime From: Terry Martin [terry@caliberint.net] Sent: Thursday, March 03, 2011 1:18 PM To: emcdaniel @sunwestbank,com; Murillo, Jaime Subject: Malarkey's Expansion Gentlemen, I am writing to request that you please vote against the proposed expansion of Malarkey's. I fail to see how permitting the expansion would be in the best interest of our community. As I understand it, the plan is to increase the capacity of Malarkey's by around 100 patrons. Where will these additional patrons park? Parking on the peninsula is already a nightmare. It is also fair to expect that a number of these additional cars' drivers will be intoxicated after leaving Malarkey's. The last thing we need is an increase in the number of drunk drivers on our roads. In addition, it is no secret that the party atmosphere of bars such as Malarkey's tends to spill out into the streets after 2:OOAM causing headaches for residents in the immediate vicinity. I can not imagine how much worse the problem would get if 100 more patrons are added to the mix. I am confident that after taking the time to engage in a cost - benefit analysis of the situation, you will come to the conclusion that allowing Malarkey's to expand would be detrimental to our community. Please do not approve the Malarkey's expansion. I thank you for your time. Sincerely, Terry Martin 122 Via Palermo, Lido 139 Murillo, Jaime From: iaglass @aol.com Sent: Thursday, March 03, 2011 11:25 AM To: Murillo, Jaime; emcdaniel @sunwestbank.com Cc: iaglass @aol.com Subject: City of Newport Beach Project File No: PA2010 -172, Malarky's Bar (3011 Newport Blvd.) Dear Planning Commission, As property owners of 215 30'h Street, we join in the concerns of the Newport Peninsula community and want to express our opposition to the expansion of Malarky's Bar. As the Planning Commission, you are quite aware of the data that many in the community are raising such the over concentration of ABC licenses in the Newport peninsula. Of course, you are also quite aware of the associated problems such as the high police activities with DUIs, and public intoxication, property damage to private properties in the area, as well as other public nuisances as vandalism, noise, brawls, trash and unruliness. The recklessness occurs during times well into the night and early morning when local residents — families, children, the elderly -- should also be assured of their own right to peace and safety. The sad fact that the Planning Commission should also consider are the consequences to Public Safety and Liability. With budgetary problems, can the city afford to enforce its laws on public safety? Can the city afford to place police officers on every ABC licensee on the peninsula during the operating hours of these ABC licensees and into the morning hours? Sincerely, Irena and Richard Glassman 1-40 Murillo, Jaime From: Wetherholt, Drew [ Drew. Wetherholt @marcusmillichap.com] Sent: Thursday, March 03, 2011 9:18 AM To: Murillo, Jaime Subject: Malarkeys Expansion Planning Commissioners: I DO NOT WISH TO SEE MALARKYS EXPAND AS THIS WILL ONLY HAVE A NEGATIVE IMPACT TO OUR COMMUNITY. MALARKYS APPLICATION SHOULD BE DENIED FOR THE FOLLOWING REASONS: • The peninsula area (District 15) already has an over - concentration of ABC establishments. According the Alcohol Beverage Control and Newport Beach Police, this small area has in excess of 78 ABC licenses. The most ABC licenses not only in the city but in all of Orange County! • According to the Newport Beach Police, there is 1 ABC license per every 38 residents in District 15! This is extremely excessive and illustrates that there is NO NEED to increase drinking establishments in this area. • Reporting District 15 has the highest crime rate in the city by far. According to the Newport Beach Police Department, this reporting district (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. It should also be noted that the majority of these calls for service occurred between the hours of 6PM and 2AM. Not a very productive use of City, Police or taxpayers resources /money. • The Newport Beach Police Department has also recommended AGAINST the Malarky's expansion to the Planning Department. • The area does NOT need an additional 100+ intoxicated individuals roaming our neighborhoods at 2AM with the related problems of yelling /screaming, puking, public urination, sex, vandalism, fights, property damage, and drunk - driving etc. Residents are constantly being disturbed, woken -up and having to deal with these alcohol related problems. Intoxicated individuals have even tried breaking into nearby homes. • Often residents get to start their weekends cleaning -up puke, broken bottles, and even condoms on the streets, sidewalks and even their front porches. Bras and panties are also found. • Intoxicated people are constantly running across Newport Blvd and going against the traffic lights especially during the hours of 11 PM -2AM. Individuals have nearly been hit by cars and traffic gets obstructed. Cabs often double - parked and create cab lines that also obstruct traffic. • The surrounding area cannot handle the increased parking even if the applicant has met "zoning" parking requirements. Let's say there is an increase of 100 patrons and let's say only 30% of these patrons drive to the bar, there is simply nowhere for them to park. The municipal lots are full and we already have patrons parking all over our neighborhood. This is not acceptable as the area is already significantly under - parked and this provides no benefit to the community. • Malarkey's is NOT a restaurant; it is a BAR! Malarky's hosts events such as the Zombie Pub Crawl featuring cheap drink specials. • The patios of Rudy's bar and the Newport Beach Brewing Company are already too noisy with the related yelling and screaming both during the day and the evening. There is no need to add a patio to Malarky's bar as this will only contribute more noise and problems to the area. There is no logical place to put a patio area on the Malarky's property. All possible locations will have a negative impact on the surrounding community because the excessive sound from the patio will carry throughout the neighborhood. The proposed location is like an enclosed alley and the sound will only echo throughout the area. 1-'1 • PUBLIC SAFETY is a real concern due to the continued increase of ABC establishments. Doubling the size of this bar will only increase the alcohol related problems within this district and the public safety is further endangered. WHEN IS TOO MUCH, ENOUGH? PLEASE DENY MARLARKY'S APPLICATION. Thank you for your time and consideration. Drew Wetherholt 301h Street Resident 142 Murillo, Jaime From: BILLEDPAM @aol.com Sent: Wednesday, March 02, 20118:51 PM To: Murillo, Jaime Subject: Malarky's Bar Expansion Hello - my husband and I built our home on the 200 block of 30th Street in 1991 and have lived here since that time We love living here and adjust to the summer visitors and renters that come and go. But the bar situation seems to be getting out of hand. We have the Brew Co. at the end of our street on Newport Blvd., Rudy's on 31st and Newport, Malarky's across the street from Rudy's and the new Pavillions Center will have at least 2 establishments "that we are aware of that will serve liquor and have patios right next to Malarky's. A prudent person would agree that enough is enough in this bar congested area we know as "home ". I am personally against an expansion of the "restaurant" bar that is closest to my home that impacts all of my neighbors. And I am against their obtaining a Parking Waiver. This will just impact our street all the more. For such a short street, we have a large number of owner /residents that really "know each other" and rally when an issue impacts us. And we have 5 children living on the 200 block. I have been a Street Captain for Neighborhood Watch for a number of years and have gone to bat for my neighbor friends who have come to me with issues that they did not know how to handle. And the only thing I feel I can do concerning this issue is to advise you that I am one of many that does not want 100 more people packed into our local pub on our street causing traffic, taking up parking spaces and causing issues late at night as these drinkers try to find their vehicles and the loud talking and screaming that accompanies late night drinking, and then police involvement to assist us. Thank you for your consideration. Pamela J. Garrett 209 30th Street 143 Murillo, Jaime From: Louise Fundenberg [Ifundy @sbcglobal.net] Sent: Wednesday, March 02, 2011 12:19 PM To: Michael Toerge; Barry Eaton; Earl McDaniel; Charles Unsworth; Robert Hawkins; Bradley Hillgren; Fred Ameri; Campbell, James; Murillo, Jaime Cc: Curry, Keith; Mike Henn; Daigle, Leslie; Rosansky, Steven; Selich, Edward; Gardner, Nancy; Kiff, Dave Subject: Malarky's Bar To the Planning Commission of Newport Beach; I am sending this as a personal email. Malarky's is not CNBCA's area. It is in West Newport's area. I feel very strongly that you should not grant the conditional use permit nor give a waiver for parking. This area is over parked now. There the problem of taxis standing waiting for fares, double parked or circling around the area. This makes for much congestion on Newport Blvd. You can stand at Malarky's front door and see two other bars across the street. The bar goers seem to go from one to the other. They cross against the light or in the middle of the street. There is no regard for drivers. One of these days someone will get killed. Putting a bar in the remake of the market on 32nd Street between Newport Blvd. and Balboa Blvd. should not be granted either. If adding more bar space on the peninsula is some - body's idea of REDEVELOPMENT then bring back the one arm bandits. Thank you all for the work you do for the city. Sincerely, Louise Fundenberg 1-44 Murillo, Jaime From: Campbell, James Sent: Wednesday, March 02, 2011 7:47 AM To: Murillo, Jaime Subject: Fw deny any expansion permits to Malarky's Jim Campbell Acting Planning Director Community Development Department - - - -- Original message---- - From: Stuermerk001 <stuermerk001 @aol.com> To: jampbell@newportbeachca.gov, mcosylion @newportbeachca.gov, palford @newportbeachca.gov, jgarcia @newportbeachca.gov, gramirez @newportbeachca.gov, LDesantis @newportbeachca.gov Sent: Wed, Mar 2, 201106:43:45 GMT +00:00 Subject: deny any expansion permits to Malarky's Hello, I've been a resident on 30th St. for over 10 years. I have wonderful neighbors who genuinely care about this city. Over the years, we put up with a lot of issues with drunk/intoxicated individuals due to the bars being around the corner. I do visit them myself, but are very respectful of my neighbors and don't come home late, loud or behave in inappropriate ways in front of the children on our street. Our street almost nightly already has issues with the patrons of these bars, being extremely loud at all our of the night and early morning. These patrons, are known to leave trash on our patios, vomit on our sidewalks, pass out on our patios and scream loud inappropriate profanities during all hours of the day. Also we already have difficulty parking from Memorial Day -Labor Day. Adding capacity to Malarky's Irish Pub would only escalate all of these issues. The honest citizens who love this city would like to keep it a nice place to live and raise a family. Please support your residents and deny any expansions of Malarky's Irish pub. The commission hearing is on 3/3/11 and as a long time resident, please help keep it nice for my neighbors and the other residents that surround this establishment. Thank you for your time. Katie Stuermer 145 Murillo, Jaime From: STACY NIELSEN [stacynazl3 @hotmail.com] Sent: Tuesday, March 01, 2011 10:00 PM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: Malarky's Petition to Expand To Whom It May Concern: Recently it has come to my attention that Malarky's Bar and Grill located at 3011 Newport Blvd. is requesting a use permit that would not only allow for an outdoor patio area but also more than double its occupancy. While I respect Malarky's as a staple of Newport Beach, I do not enjoy the bulk of patrons leaving the facility. First, Malarky's is primarily a bar and I have seen too many individuals leaving who are extremely intoxicated. This level of intoxication leads to an unacceptable levels of noise, unnecessary physical and verbal fights, individuals relieving themselves in alleyways and garages, an excessive level of inappropriate trash (bottles, cans, miscellaneous clothing items, left over/ uneaten pizza), and vomit. A beautiful new facility is being built just behind Malarky's complete with more restaurants and conveniences for vacationers and residents alike. I do not think that any of us want this new facility defaced by these late night antics. Second, we are already having trouble with the late night noise at the Newport Beach Brewing Company (Brew Co.). Besides the noise of those leaving Malarky's increasing with an increased capacity, adding an outdoor patio to Malarky's directly accross the street will only raise this noise level exponentially all while the City of Newport Beach uses our tax dollars trying to control it. In conclusion, while outdoor seating would be a nice addition to many restaurants in Newport Beach, Malarky's is not one of these locations. The noise that the patio will produce as well as increased number of drunk guests wondering the streets after hours will only further hurt the areas struggling housing market it will stifle the reputation for which Newport Beach strives. Malarky's should not be granted a permit to expand its facility. Thank you for your time and concern in this matter. Should you have any further questions, please feel free to contact me at stacvnaz13(alhotmail.com, Sincerely, Stacy Nielsen Turek 220 1/2 30th St. 140 Murillo, Jaime From: Linda Formuzis [Ikleinl4 @me.com] Sent: Tuesday, March 01, 2011 3:38 PM To: Murillo, Jaime Subject: Malarky's expansion - NO NO NO! Gentlemen; The absolute last thing the Peninsula zone needs is an expanded Malarky's!! We have a total over concentration of rehab clients roaming all over the place and now a bigger drinking bar? Just count the drinking bars we already have!! The policing issues, parking issues and the hugely undesirable addition to a business that is already a negative in our conummity! Our quality of life is so compromised in this area already by bars and rehab business that have proliferated in this part of Newport Beach! All of this is counter productive to our efforts to remake the nearby Lido Village area into a quality tourist and visitor zone. Allowing Malarky's to expand is out of the question. It's a no brainer. Thanks for your support of me and my fellow property owners, Linda Klein 14j Murillo, Jaime From: Neal and Lamia Shehab [starmountain @roadrunner.coml Sent: Tuesday, March 01, 20114:34 PM To: Murillo, Jaime Cc: emcdaniel @sunwestbank.com Subject: Malarkeys To Whom it May Concern, Please do not approve the expansion of Malarkeys. The last thing we need on the peninsula is more drunks looking for parking. Unless they can increase their own parking this expansion does not make sense. Thank you, Neal Shehab 1-42 Murillo, Jaime From: Sarah Zielsdorf Calvert (scalvert@xavor.com) Sent: Tuesday, March 01, 2011 10:43 AM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: Malarkey's expansion Hello Jaime and Earl, I'm writing to let you know that my husband and I oppose the expansion of Malarkey's. We live on 30th street with two young children and fear that an expansion would create additional problems and noise for the residents of this area. Thank you for your time. Best regards, Sarah B. Z. Calvert Director, Management Consulting scalvert @xavor.com 949.231.9304 Murillo, Jaime From: Dean Roberts [deanandann @verizon.net) Sent: Tuesday, March 01, 2011 9:29 AM To: Murillo, Jaime; emcdaniel @sunwestbank.com Cc: pier2pier @yahoo.com; drew.wetherhoit @marcusmillichap.com Subject: Malarkey's Bar Expansion We recently learned that the Planning Dept. has recommended that Malarky's has been given approval to significantly expand its operation. We find this incomprehensible that this will, in any way, improve the city and in significant way, lead to its detriment. 'Please reconsider this matter. Dean & Ann Roberts, 313 Anade Balboa, CA Cell: (626) 221 -2297 deanandann(o.verizon. net 150 Murillo, Jaime From: Mary K. Drennan Umkdren @gmail.comj Sent: Monday, February 28, 2011 5:59 PM To: Murillo, Jaime Subject: Malarkey's Bar Please deny expansion of Malarkey's Bar. The new owners have made great improvements seen from the outside and I commend them for their attractive exterior. However, allowing an additional 100 occupants will greatly impact parking in the area. This would be unfair to the existing businesses. Thank you for your consideration. Mary K. & Jim Drennan. 1151 Murillo, Jaime From: Bob Klar [theklars @yahoo.comj Sent: Monday, February 28, 20118:11 PM To: Murillo, Jaime Subject: Malarky's Bar live at 413 East Edgewater, and I do not support the expansion of Malarky's Bar. There are enough bars in the area. Please no more bars. Robert W. Klar 152 Murillo, Jaime . From: Marie Pierotti [pierottifamily @yahoo.com] Sent: Monday, February 28, 20114:28 PM To: emcdaniel @sunwestbank.com; Murillo, Jaime Subject: Expansion of Malarky's Bar Chairman McDaniel and Ms. Murillo - We are writing to express our opposition to the potential expansion of Malarky's Bar. It is difficult to understand why the City would favor a major expansion of a drinking establishment on the Balboa Peninsula when there are already so many such places. The additional parking and traffic that will be generated as well as the noise and difficulites attendant to a bar like this are problems that the property owners should not be required to bear. Thank you. Tony and Marie Pierotti 314 Alvarado Place Newport Beach, CA 1155 Murillo, Jaime From: Martin Carol [candwmartin @sbcglobal.net) Sent: Monday, February 28, 2011 2:27 PM To: Murillo, Jaime Subject: Malarkey's expansion As a resident of the central peninsula, I beg you to do all you can to deter the expansion of Malarky's, their addition of patio service, and increased signage. One of the good things about Malarky's has been their tasteful outside appearance and it would be sad for that to become a tacky sign center. Regarding expansion -NOM Currently we drive through that section of bars very cautiously hoping to prevent the car being hit by a drunk falling off the curb. More bar capacity equals more patrons at risk of impeding traffic in their unique ways. Just last weekend I screached to a halt as a Cassidy's patron decided to follow two lovely ladies who had earlier crossed Newport Blvd. As these three stood arm in arm in the center of Newport Blvd. with all lanes of incoming traffic stopped, there could be no question that they had stayed in the bar too long. Current bar capacity is more than adequate. Carol Martin Newport resident 154 Murillo, Jaime From: Rick Cunningham [rick @highlandroof.comj Sent: Monday, February 28, 2011 1:55 PM To: Murillo, Jaime; 'emcdaniel @sunweslbank.com' Subject: Conditional Use Permit for Malarky's Bar Expansion - 3011 Newport Blvd February 28, 2011 Jamie Murillo / Earl McDaniel City of Newport Beach Planning Commission 3300 Newport Boulevard Newport Beach, CA 92663 RE: Conditional Use Permit for Malarky's Bar Expansion - 3011 Newport Blvd Dear Sirs: I was recently informed that the new owners of Malarky's Bar (3011 Newport Blvd) have applied to the Planning Commission for a Conditional Use Permit to expand the facility and add an outdoor patio. I further understand that this expansion would increase their occupancy by about double the current number. I can't tell you how upsetting this is to me as a local resident living on Marcus Avenue in Newport Beach since 2003. I have already suffered through the aftermath of the expansion of Rudy's bar where we were assured by the ownership and the Commission that there would be "no real impact" on the local residents.., this has proven to be a complete farce. I have personally called the Newport Beach Police Department over ten times since that expansion to have them come break up fights, pick up patrons that were passed out in the bushes in front of my house, and to report drunken vandalism to my Marcus Avenue property. Further, I have been awakened by drunks making their way into my back yard, urinating on my bedroom window, yelling and screaming as they make their way home, and my car was severely damaged by a shopping carts being used for go -cart racing at 1:30am. I realized that when I bought my house in the beach area that parking would be tough, but I did not plan on having Rudy's employees taking up all the street parking between 32nd and 35"' streets. It is hard enough to find a spot now with Rudy's "plaid -clad bar girls" and patrons parking on our streets, with the additional draw of the new Crow Bar in the soon to be completed Pavilion's center and another 100 people nightly at Malarky's, there will never be a spare space for residents or their friends in our neighborhood. We are living with one Planning Commission mistake already. I implore you not to make another by allowing the Malarky's expansion that will deposit yet more cars, drunks and disorderly patrons onto the surrounding streets. 155 The neighborhood just west of Malarky's used to be comprised mostly of low dollar rental units with absentee owners but over the last decade more and more people have purchased duplexes and converted them to single family dwellings to live in with their young families. With the increase of owner occupied "family" dwellings the need and tolerance for expanded drinking establishments has exceeded the limit. Our neighborhood has changed into a nice place for families to live and for kids to play. Please don't bring back the seedy element that our neighborhood has tried so hard to clean up by adding capacity for yet another drinking establishment. Please help us keep our neighborhood safe and family oriented. Respectfully yours, MeA Cauu :2.. gAa,ft President Highland Commercial Roofing 626 -856 -2076 Office 310- 388 -1740 Fax 5105 Heintz Street Baldwin Park, G4 91706 A �twecP • SOUTHERN CALIFORNIA — ARIZONA — NORTHERN CALIFORNIA High - Performance Commercial Roofing Solutions Since 1991 Specialists in Sustainable Seamless "Cool -Root' Systems "Cool before it was Green... Green before it was Cool!" 150 Murillo, Jaime From: Mike Deschenes [miked @rampageproducts.net] Sent: Thursday, February 24, 20113:24 PM To: Murillo, Jaime Subject: Malarkys Expansion request Jamie Murillo Planning Department, Newport Beach, CA Dear Jamie, I am aware of a proposed expansion petition on behalf of Malarky's and subsequent planning commission hearing scheduled for March 3rd. As I have business obligations that has me out of town, I am unable to attend and share my thoughts as a homeowner, concerned citizen and Newport Beach Tax payer —so I'm asking you to consider my thoughts in your position on this matter. What in God's name could be the upside to our community? I have a family and we often walk past some of the inebriated, non - resident, guests who frequent the area — at times they are merely disgusting, often they are rude or indecent and disruptive to my simply walking the streets in my own neighborhood — rarely are they polite or sensitive to the appearance or safety of our community. Could you, or anyone on the planning commission, actually believe that we have a shortage of drinking or eating establishments in the area? This specific establishment has operated in the same location for quite some time - now all of sudden we have an ownership change and for some reason the new owner is looking to our community to enhance his investment —vote no on this petition.... maybe Mario should consider building another bar in his own back yard! 11 Regards, Mike Deschenes Resident of 36th Street 157 Murillo, Jaime From: lennymark @roadrunner.com Sent: Sunday, February 27, 2011 10:42 AM To: Murillo, Jaime Subject: Malarky's Please do not let Malarky's increase the size of their location. We have more than enough area in this city for people to drink. We do not need more people coming to the peninsula to get drunk. Thank you for your consideration. Leonard Applebaum Newport Beach, CA 1152 Murillo, Jaime From: Pat Klingensmith [patklingensmith @yahoo.com] Sent: Sunday, February 27, 2011 10:43 AM To: Murillo, Jaime Subject: Malark'ys Bar We wish to go on record as being against the enlargement of Malarky's Bar. There are too many bars in that area now and the resulting problems caused by excessive drinking are very prevelant in that area. 159 Muritlo, Jaime From: Tom O'Loughlin (BalboaTom @att.net) Sent: Sunday, February 27, 2011 12:32 PM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: MALARKYS Newport Beach Project File No:PA2010 -172 Importance: High We strongly disapprove of permitting the bar to expand. It is already a very dangerous area with intoxicated patrons crossing the streets there to roam from one bar to another. It just does not make any sense whatsoever! Tom O'Loughlin Balboa Peninsula 949 -374 -2171 100 Murillo, Jaime From: Irwin Goldring [idgoldring @gmail.coml Sent: Sunday, February 27, 2011 1:23 PM To: Murillo, Jaime Subject: Malarky's Expansion Please deny the request to expand Malarky's. I am a homeowner on Lindo. Thank you. 101 Murillo, Jaime From: Kris and Marcus (lidowilson @aim.com) Sent: Sunday, February 27, 20112:06 PM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: Malarky's bar (3011 Newport Blvd.) Planning Department, Please do not approve any expansion of Malarky's bar (3011 Newport Blvd.) There are too many bars and drunks and not enough parking. The city should be planning projects that improve the neighborhood and not expanding businesses that destroy it. Thank you, Marcus & Kristin Wilson 102 Murillo, Jaime From: phocken @cox.net Sent: Sunday, February 27, 2011 2:07 PM To: Murillo, Jaime Cc: emcdaniel @sunwestbank.com Subject: Expansion of Malarky's Bar We have just read with some amazement that the Planning Commission is actually recomending the expansion of Malarky's. If there is one thing that the Lido Isle and Penninsula residents do NOT need is another bar and more associated drinking problems such as drunk drivers, broken bottles, and rather nasty litter, let alone the noise factor of a patio bar, Please do not allow our wonderful Newport/Balboa area to invite further problems for us and the police. Paula and Roger Hocken 205 E. Bay Ave., Balboa phocken @cox.net i 1o3 Murillo, Jaime From: Joseph R. Stack jjoe @stackcpa.corn) Sent: Sunday, February 27, 20112:31 PM To: Murillo, Jaime Cc: emcdaniel @sunwestbank.com Subject: opposed to Malarky's expansion Gentlemen, I am strongly opposed to Malarky's proposed expansion. I have lived and worked on the peninsula for over 20 years within a few blocks of Malarky's. As a younger man, I spent my share of time inside Malarky's as well as every other bar on the peninsula, so I am not opposed to drinking or drinking establishments in general. However, I remain strongly opposed to any expansion, or establishment of new drinking' facilities. We have more than enough we don't need more! I am also particularly opposed to any outdoor /patio expansion due to the increase in late night noise which is already at unacceptable levels in the area. I urge you to deny the request for conditional use permit. Thank you, Joe Stack Joseph R. Stack, CPA, MST Residence: 3810 Marcus Ave Stack & Jagiello, LLP 430 32nd Street, Suite 100 Newport Beach, CA 92663 tel 949.723.1829. x315 fax 949.723.6129 www.sicpas.com 104 Murillo, Jaime From: Kevin Finn (kevinfinn @sbcglobal. net] Sent: Sunday, February 27, 2011 2:57 PM To: Murillo, Jaime Subject: Marlarky's request for expanxion I AM REQUESTING THAT THE PLANNING COMMISSION FULLY DENY MARLARKY'S APPLICATION FOR EXPANSION. THE PENISULA IS ALREADY OVER CROWDED WITH BARS THAT BRING MANY ASSOCIATED BURDENS TO THE RESIDENTS AND POLICE WHO LIVE AND WORK HERE. KEVIN FINN 105 Murillo, Jaime From: Larry Mathena [mathenaesq @aol.com] Sent: Sunday, February 27, 2011 3:11 PM To: emcdaniel @sunwestbank.com; Murillo, Jaime Subject: PA2010 -172 Reject it Malarky's bar (3011 Newport Blvd.) on the Newport Beach peninsula is requesting a conditional use permit to significantly expand the capacity of the bar and add a 782 square foot outdoor patio. This expansion would over double the occupancy from approximately 91 people to over 200 people. We do NOT need to see an additional 100+ intoxicated individuals roaming our neighborhoods. The application also requests to allow more than 3 signs on a single- tenant building. (City of Newport Beach Project File No: PA2010 -172) WE DO NOT WISH TO SEE MALARKYS EXPAND AS THIS WILL ONLY HAVE A NEGATIVE IMPACT TO OUR COMMUNITY, MALARKYS APPLICATION SHOULD BE DENIED FOR THE FOLLOWING REASONS: The peninsula area (District 15) already has an over - concentration of ABC establishments. According the Alcohol Beverage Control and Newport Beach Police, this small area has in excess of 78 ABC licenses. The most ABC licenses not only in the city but in all of Orange County! According to the Newport Beach Police, there is 1 ABC license per every 38 residents in District 15! This is extremely excessive and illustrates that there is NO NEED to increase drinking establishments in this area. Reporting District 15 has the highest crime rate in the city by far. According to the Newport Beach Police Department, this reporting district (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. It should also be noted that the majority of these calls for service occurred between the hours of 6PM and 2AM. Not a very productive use of City, Police or taxpayers resources /money. • The Newport Beach Police Department has also recommended AGAINST the Malarky's expansion to the Planning Department. • The new owner was advised by the old owner that the surrounding community is against ANY expansion of the existing bar. He KNEW what he was buying and bought it anyway. Also the property does NOT need to have more than 3 signs when the rest of the surrounding businesses do not. This would be tacky and create an additional eyesore. • The area does NOT need an additional 100+ intoxicated individuals roaming our neighborhoods at 2AM with the related problems of yelling /screaming, puking, public urination, sex, vandalism, fights, property damage, and drunk - driving etc. Residents are constantly being disturbed, woken -up and having to deal with these alcohol related problems. Intoxicated individuals have even tried breaking into nearby homes. 100 • PUKE, PUKE and MORE PUKE! Often residents get to start their weekends cleaning -up puke, broken bottles, and even condoms on the streets, sidewalks and even their front porches. Bras and panties are also found. • Intoxicated people are constantly running across Newport Blvd and going against the traffic lights especially during the hours of 11 PM -2AM. Individuals have nearly been hit by cars and traffic gets obstructed. Cabs often double- parked and create cab lines that also obstruct traffic. • City staff has also indicated that Malarkey's will need to request a parking waiver to meet the proposed occupancy expansion. This is not acceptable as the area is already significantly under- parked and this provides no benefit to the community. • Malarkey's is NOT a restaurant; it is a BAR! Malarky's hosts events such as the Zombie Pub Crawl featuring cheap drink specials. • The patios of Rudy's bar and the Newport Beach Brewing Company are already too noisy with the related yelling and screaming both during the day and the evening. There is no need to add a patio to Malarky's bar as this will only contribute more noise and problems to the area. There is no logical place to put a patio area on the Malarky's property. All possible locations will have a negative impact on the surrounding community because the excessive sound from the patio will carry throughout the neighborhood. The proposed location is like an enclosed alley and the sound will only echo throughout the area. • The peninsula has the highest incidents of DUls and drunk - driving. PUBLIC SAFETY is a real concern. Deny thus application. Larry Mathena 107 Murillo, Jaime From: Rick & Shelley Clewett (rrciewett @sbcglobal.net) Sent: Sunday, February 27, 20114:08 PM To: Murillo, Jaime Subject: Malarkys Expansion request Jamie Murillo Planning Department, Newport Beach, Ca. Dear Jamie, I understand there is a proposed expansion petition on behalf of a bar called Malarkys scheduled for March P . As a concerned citizen and a Newport Beach Tax payer, I will definitely be attending the hearing. I want to see for myself if anyone on the Planning Commission has any common sense. Don't we already have enough bars in the area of 30'h street, you can't stumble out of one without going into another. For Malarkys to try to expand their bar with the sole purpose of getting more people drunk is absurd. For the Planning Commission's information, there are a lot of us residents that would like to see Newport Beach become more family oriented. Please vote "no" on Malarky's petition to expand their bar area. Thank you for your consideration, Rick and Shelley Clewett Resident of 36'h Street 102 Murillo, Jaime From: JUSTINE HURRY Oustinehurry@yahoo.coml Sent: Monday, February 28, 2011 2:17 AM To: Murillo, Jaime; emcdaniel @sunwestbank.com Subject: Malarky's Bar I DO NOT support the expansion of Malarkey's bar! We bought a place and business down there so we and our 4 kids could enjoy it. There are so many issues with noice, drur eking people and bar fights where we are now its terrible. Please do not let them add on! Thanks Justine Hurry 1 o9 Murillo, Jaime From: Glenell Parker [glenellp @msn.comj Sent: Monday, February 28, 2011 8:20 AM To: Murillo, Jaime Subject: MSN.com I am the owner of 1221 West Balboa and 1219 West Balboa properties. As a 40 year resident, I want to say I do NOT support the expansion of Malarkys bar. There are too many bars already in Neewport Beach. I have experienced many DUI accidents in front of my property abd do not park on Balboa Blvd, overnight in order to protect my car. I also do not support a parking varience or or the sign policy for Malarkys. Frankk J. Bruder 760/325 -4091 170 Murillo, Jaime From: Sonja Kramer [sonjak20 @gmail.com] Sent: Thursday, March 03, 2011 4:23 PM To: Munllo, Jaime; emcdaniel @sunwestbank.com Subject: Stopping Malarky's Bar from expanding To whom it may concern: My husband, two children, and myself love living in Newport Beach on 30th street, the same street that Malarky's bar is on. We are not in favor of the outdoor patio and of the expansion of the bar for many reasons. Please take the time to consider the residents who have spent millions of dollars on their home before you make this critical decision. Thank you for your time. Sonja Bums 949 -769 -4312 17-1 Burns, Marlene From: Murillo, Jaime Sent: Friday, March 04, 2011 9:15 AM To: Burns, Marlene Subject: FW: Malarky's Bar Expansion Application I received this one late last night. From: marlyne diamond [mailto:marlyned @live.com] Sent: Thursday, March 03, 20117:38 PM To: 'Lori Morris'; 'Earl McDaniel'; 'Susan /Barry Eaton'; 'Michael Toerge'; ameri @rbf.com; 'Robert Hawkins'; cwunsworth @cox.net; bhillgren @highrhodes.com Cc: Kiff, Dave; Rosansky, Steven; Selich, Edward; 'Mike Henn'; Hill, Rush; Gardner, Nancy; Curry, Keith; Daigle, Leslie; Brown, Leilani; Murillo, Jaime Subject: RE: Malarky's Bar Expansion Application I agree with Cindy Kohller and Lori Morris. Please don't approve of the expansion of Malarky's Bar. Marlyne Diamond From: Lori Morris [mailto:lorirmorris @gmail.com] Sent: Thursday, March 03, 20113:29 PM To: Earl McDaniel; Susan /Barry Eaton; Michael Toerge; ameri @rbf.com; Robert Hawkins; cwunsworth @cox.net; bhillgren @highrhodes.com Cc: Dave' 'Kill; parandigm @aol.com; Ed Selich; Mike Henn; rush hill; Nancy Gardner; curryk @pfm.com; lesliejdaigle @aol.com; (brown @city.newport - beach.ca.us; jmurillo @newportbeachca.gov Subject: Malarky's Bar Expansion Application March 3, 2011 Please enter into the public record City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Planning Commission City Clerk City Council Jaime Murillo Reference: Malarky's Application up 2010 -039 Planning Commission, City Council and Staff: I would like to echo Cindy Koller's request to deny the Malarky's Bar expansion application. As a resident of the Peninsula I am appalled that the staff report submitted does not go into greater detail regarding the impacts to residents this expansion would most certainly impose. 272 The Peninsula zone has a far greater burden than any where else in the City of Newport Beach in regard to alcohol establishments. As we have been involved with the (hopefully) better use of the old City Hall site ... it would seem at this point the city staff would look at the entire impact of adding even more space for drinking alcohol in such close proximity to the future use of that site. Residents of the Peninsula should not continue to bear the burden of even ONE MORE bar or expansion and we would expect our city leaders to be looking for ways to mitigate the problems we have now with over crowded bars, not enough parking and the general crime that goes along with that. Our City Council just voted to give our Police Chief and his Dept. more latitude in dealing with the problem we now have with alcohol establishments ... yet City staff seems to be ignoring the letters of request to deny this application written by our very own Police Dept. detectives. I find that troubling and of great concern. As was reported, we had a death recently in our city directly attributed to the intoxication and drowning of a young man who had frequented the very same bars in and around the area in question. I do not wish to use his horrible death to remind our city employees of the dangers that come with being complacent in regards to too many bars in such a dense area and close proximity to a LARGE body of water but it cannot be ignored. PLEASE... residents are looking to you to help end the over saturation of bars and drinking establishments in the Peninsula zone. I am asking you to deny this request and in the future please be mindful of the already established burden that the Peninsula resident must endure. Thank You, Lori Morris West Newport 1�3 Burns, Marlene From: Murillo, Jaime Sent: Wednesday, March 09, 2011 10:06 AM To: Burns, Marlene Subject: FW: stop malarkys From: Dan Ralsky [ mailto:tboneoct @roadrunner.com] Sent: Friday, March 04, 20118:24 PM To: Murillo, Jaime Subject: stop malarkys stop malarkys 174 Burns, Marlene From: Murillo, Jaime Sent: Wednesday, March 09, 2011 10:06 AM To: Burns, Marlene Subject: FW: Marlarky's From: Helen McCleeary [maiito:helenmccleeary@att.netj Sent: Saturday, March 05, 2011 10:49 AM To: Murillo, Jaime Subject: Marlarky's To Jaime Murillo, Associate Planner, I do not wish to see Malarky's Expand, as this will only have a negative impact to our community. Malarky's application should be denied. There are enough "Bar's" in the Newport Beach area as it is. I do not like being disturbed at early hours of the morning with people yelling, arguing, and getting sick on my property!! I have to do the cleaning up and I do not appreciate it. Drunk drivers have been known to have accidents along Balboa Blvd. and cars have been damaged. There doesn't need to be another bar in Newport Beach. Thank you, Helen McCleeary I 1715 170