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HomeMy WebLinkAbout3.0_The Dock Conditional Use Permit_PA2019-075((04 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT 00.NP SUBJECT: The Dock Conditional Use Permit (PA2019-075) • Conditional Use Permit No. UP2019-023 SITE LOCATION: 2816 Lafayette Avenue APPLICANT: Overstreet LLC dba The Dock OWNER: Christine Overstreet PLANNER: Chelsea Crager, Associate Planner 949-644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY August 8, 2019 Agenda Item No. 3 A conditional use permit to allow a Type 47 (On -Sale General — Eating Place) alcoholic beverage control license at an existing food service establishment. The Dock currently operates with a Type 41 (On -Sale Beer and Wine) alcoholic beverage control license with hours of operation from 6:00 a.m. through 11:00 p.m., daily. The existing establishment consists of 1,060 square feet of net public area, including a 597-square-foot covered outdoor patio fronting the Rhine Channel. No change to hours of operation and no physical interior or exterior alterations are proposed. The Applicant also requests a continuation of historical parking reductions. If approved, this use permit would supersede Use Permit No. UP3578. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2019-022 approving Conditional Use Permit No. UP2019-023 (Attachment No. PC 1). 1 9 The Dock Conditional Use Permit (PA2019-075) Planning Commission, August 8, 2019 Page 2 VICINITY MAP Municipal aoTM sT Parking Facility 254 v, •Iv tiv - gL ' 2 rim'" I ✓ LVJh S- y: :L n, r 1. Str Subject Property m q` fil/ 1 m fr. 8 e, y y. G 1fii ` �sos .�=0T `I GENERAL PLAN ZONING 29TH sr e' 297H sT 5 6 5 512 Mb.� 281G i 2819 I lq]1 2810 2809 ?q]1 iarq Mp. ,\ 'B 10041 ?qD Ig05 w? 1a`\ 4 ?80J �h7 ?Bss 10 IL ?q_ 10Qot LOCATION GENERAL PLAN ZONING CURRENT USE Mixed Use Water Related Mixed -Use Water Related Restaurant with Residential ON -SITE MU-W2 MU-W2 Above NORTH Mixed Use WWer Related Mixed -Use WWer Related Boatyard SOUTH Mixed Use WWer Related Mixed -Use W2r Related Commercial EAST Multiple Unit Residential A Lido en 41insul — Multiple Unit Residential WEST Mixed Use Horizontal (MU-H4) Mixed Use Cannery Village/151bSt (MU- h CV/15 St Commercial 3 V� QP �. The Dock Conditional Use Permit (PA2019-075) Planning Commission, August 8, 2019 Page 3 INTRODUCTION Project Setting The existing restaurant, The Dock, is located on the east side of Lafayette Avenue adjacent to the Rhine Channel, immediately south of 29'" Street, in the Mixed -Use Water Related (MU-W2) Zoning District. The property is a 3,000-square-foot rectangular lot and is developed with a two-story, mixed -use building that is currently occupied with the restaurant below and a residential unit on the second floor. The area includes residential, commercial, and mixed -use buildings. Background On June 17, 1971, the Planning Commission approved Use Permit No. UP1536 to allow the establishment of a take-out restaurant. The site was zoned M-1, which conditionally permitted restaurants. The restaurant facility was established prior to the requirement for off-street parking in the M-1 District, and therefore no off-street parking was provided. The use permit included a one-year expiration condition and it required one off-street employee parking and one delivery parking space. The use permit was subsequently extended for several years after that. The restaurant served box lunches (sandwiches, salads, soups, etc.) to patrons who mainly worked in the area. The 260-square-foot restaurant shared the building with Transcon Sails A two -bedroom apartment also existed on the second floor. On March 21, 1996, the Planning Commission approved Use Permit No. UP3578 to change the operational characteristics of the restaurant to allow the service of beer and wine. The restaurant had been expanded to approximately 1,322 square feet. Approximately 130 square feet of the existing building floor area was utilized for indoor dining at a customer service counter with the remaining interior floor area devoted to kitchen and storage. The balance of the restaurant consisted of an approximately 942- square-foot outdoor dining patio. The restaurant was casual with a menu consisting mainly of sandwiches and salads. The ancillary service of beer and wine was added to complement the menu. On August 18, 2005, the Planning Commission approved an Amendment to Use Permit No. UP3578 to allow a 293-square-foot expansion of the restaurant, operating as a full - service, low -turnover fine dining restaurant, into an adjacent retail suite to accommodate a new lobby, restroom, and hallway entrance into the restaurant. The Planning Commission also approved a waiver of the required parking spaces associated with the expansion. The total interior net public area of the approved restaurant is 462 square feet and the outdoor dining patio is 597 square feet 5 The Dock Conditional Use Permit (PA2019-075) Planning Commission, August 8, 2019 Page 4 Project Description The applicant requests a conditional use permit to upgrade the current Alcoholic Beverage Control (ABC) License Type from a Type 41 (On -Sale Beer & Wine — Eating Place) to a Type 47 (On -Sale General — Eating Place). A Type 47 License would allow for the addition of on -sale liquor. The Dock currently operates with hours of operation from 6:00 a.m. through 11:00 p.m., daily. The existing establishment consists of 1,060 square feet of net public area, which includes the 597-square-foot covered outdoor patio fronting the Rhine Channel. The outdoor patio is the only dining area. The interior net public area includes a waiting area and publically accessible hallways. No change to hours of operation and no physical interior or exterior alterations are proposed. The Applicant also requests a continuation of historical parking reductions. Historical parking reductions include the three spaces waived in 2005 to accommodate the restaurant's expansion; there were no parking spaces required for the original establishment. No live entertainment or dancing is authorized by the existing use permit and it is not proposed with this application. Table 1. Summary of Conditional Use Permit No. UP2019-023 PA2019-075 Existing Requested Alcohol License Type 41 (On -Sale Beer and Type 47 (On -Sale General Wine) — Eating Place Seats 47 seats 47 seats Net Public Area 1,060 square feet 1,060 square feet Interior (waiting area, hallways, 462 square feet 462 square feet restrooms) Outdoor Dining Patio 597 square feet 597 square feet Hours 6:00 a.m. to 11:00 p.m. 6:00 a.m. to 11:00 p.m. daily daily Parking 3 spaces waived in 2005 3 spaces waived in 2005 Rate/Reduction' (one space per 50 square (one space per 50 square feet of net public area) feet of net public area) No on -site parking required No on -site parking required 1. No parking spaces were required for the original eating and drinking establishment. Three parking spaces were waived (one space per 50 square feet of net public area) to accommodate a 293- square-foot expansion in 2005. M The Dock Conditional Use Permit (PA2019-075) Planning Commission, August 8, 2019 Page 5 General Plan The General Plan designates the site as Mixed Use Water Related (MU-W2), which is intended for waterfront locations in which marine -related uses may be intermixed with buildings that provide residential uses on the upper floors. The existing restaurant is located within the established mixed -use area along Lafayette Avenue, which provides goods and services to visitors and residents with residential units on upper floors, consistent with the MU-W2 land use designation. The upgraded license type will allow the restaurant to provide an enhanced menu of alcoholic beverages to their patrons. Local Coastal Program The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed Use Water Related) and it is located within the MU-W2 (Mixed - Use Water Related) Coastal Zone District. The aforementioned land use plan category and coastal zone district are intended to provide for waterfront areas in which marine - related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on the upper floors. The food service use would serve visitors and residents by continuing to provide a fine dining amenity in a mixed -use area. A coastal development permit is not required because there is no physical expansion or intensification of use. The change in the ABC License type to allow liquor sales is ancillary to the existing restaurant operations. No changes or expansion to the restaurant involving construction are proposed. The permitted hours of operation of the establishment are not proposed to change. Zoning Code The site is located within the Mixed Use Water Related (MU-W2) Zoning District which applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments with alcohol and no late hours (open after 11:00 p.m.) require the approval of a minor use permit within the MU-W2 (Mixed - Use Water Related) Zoning District. Since the proposed project includes the continued reduction of required on -site parking, the review authority is the Planning Commission. Alcohol Service Alcohol service is not a new privilege for the restaurant, but the service of distilled spirits would be new. No alcohol -related calls for service were reported related to the business in 2018, the last reporting period. The change in ABC License type to allow the service of liquor is acceptable to the Police Department with the inclusion of appropriate conditions (Attachment No. PC 3). Updating the conditional use permit will consolidate all previous 7 The Dock Conditional Use Permit (PA2019-075) Planning Commission, August 8, 2019 Page 6 use permits and create a simplified record to aid in enforcement. The subject use permit will meet current standards and to align with ABC conditions. Parking Requirements/Reduction The existing food service, eating and drinking establishment does not provide on -site parking. In 1971, the Planning Commission approved Use Permit No. UP1536 to allow the establishment of a take-out restaurant. The restaurant was established prior to the requirement for off-street parking for the use in the zoning district and no off-street parking was provided. In 1996, the Planning Commission approved Use Permit No. UP3578 changing the operating characteristics of the existing restaurant to allow the service of beer and wine, including a waiver of parking requirements. In 2005, the Planning Commission approved a second amendment to the use permit, Use Permit No. UP3578, approving an expansion of the net public area of the restaurant to the current 1,060 square feet, including an outdoor patio. Use Permit No. UP3578 included the waiver of three off-street parking spaces associated with the expansion due to the proximity to a City -owned parking lot located a walking distance of approximately 360 feet from the restaurant. The current Zoning Code classifies this use as a full -service restaurant (food service, eating and drinking establishment) and parking is required at a rate of one parking space per 30 to 50 square feet of net public area, as determined by the use permit. In this case, a parking rate of one space per 50 square feet of net public area is appropriate for the proposed use based on several physical design and operational characteristics: • Only 47 seats in the 597-square-foot dining area; • The net public area includes a lobby area and hallway, which does not have seating for dining; • No live entertainment or dancing; and • Local residents can walk to the restaurant. Staff believes the continuation of historic parking reductions remains appropriate for the restaurant. The restaurant is small with 1,060 square feet of net public area and only 597 square feet of dining area. The establishment is a low -turnover fine dining restaurant and parking demand should not increase with the addition of distilled spirits to the menu. On - street parking is available throughout this area and a municipal parking lot is located a short walking distance away, which has proven to be sufficient to support the existing restaurant and nearby businesses. Conditional Use Permit Findings Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 0 The Dock Conditional Use Permit (PA2019-075) Planning Commission, August 8, 2019 Page 7 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and 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, nor 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. As demonstrated in the draft resolution (Attachment No. PC 1), staff believes the findings for approval can be made. The existing restaurant is consistent with the MU-W2 designation as it is intended to provide service to not only visitors, but also residents within the immediate neighborhood and surrounding area. The restaurant does not operate past 11 p.m. per existing conditions of approval. The property has been utilized for food service uses since the 1970s and has proven to be compatible with the neighborhood. As conditioned, the restaurant is expected to operate in an effective manner that is compatible with the surrounding commercial and residential uses nearby. Upgrading the existing ABC License type would support the visitor- and resident -serving use, and should not result in any negative impacts to the surrounding commercial, residential and mixed -use properties and uses. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the change in ABC License for the existing restaurant. Alternatives 1. The Planning Commission may require changes to the project to alleviate any concerns related to the design or the ability to make the required findings. If the changes are substantial, the item should be continued to a future meeting to allow the applicant to make the necessary adjustments and to allow staff to prepare a revised resolution incorporating new findings and/or conditions. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission may deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 2). 0 The Dock Conditional Use Permit (PA2019-075) Planning Commission, August 8, 2019 Page 8 Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves the continued operation of an existing restaurant use and no construction is proposed. The project includes a modified ABC License. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Chelsea Crager Jim Campbell Associate Planner Deputy Community Development Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Police Department Memorandum PC 4 Project Description PC 5 Public Comments PC 6 Project Plans 9Users\ccragerOownloads\Staff Report_ Master_ Template (1).docx01112118 10 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 12 RESOLUTION NO. PC2019-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2019-023, WHICH SUPERSEDES USE PERMIT NO. UP3578, TO ALLOW A TYPE 47 (ON SALE GENERAL — EATING PLACE) ALCOHOL LICENSE AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2816 LAFAYETTE AVENUE (PA2019-075) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: �yxor[.]i.`N&Ir_TJra�•AlakjIIt•»VA'[" An application was filed by Overstreet LLC dba The Dock ("Applicant") representing Christine Overstreet ("Owner') with respect to property located at 2816 Lafayette Avenue, and legally described as Lot 9 in Block 425 of Lancaster's Addition to Newport Beach, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page(s) 14 of Miscellaneous Maps, in the office of the County Recorder of said County ("Property"). 2. The Applicant seeks a conditional use permit to allow a Type 47 (On Sale General — Eating Place) license with the Alcoholic Beverage Control ("ABC License") at an existing eating and drinking establishment (restaurant). The Dock currently operates with a Type 41 (On Sale Beer and Wine) alcoholic beverage license with hours of operation from 6:00 a.m. through 11:00 p.m., daily. The existing establishment consists of 1,060 square feet of net public area, including a 597-square-foot covered outdoor patio fronting the Rhine Channel. No change to hours of operation and no physical interior or exterior alterations are proposed. The Applicant also requests a continuation of historical parking reductions. If approved, this use permit would supersede Use Permit No. UP3578. 3. The Property is designated MU-W2 (Mixed Use Water Related) by the General Plan Land Use Element and located within the MU-W2 (Mixed -Use Water Related) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed -Use Water Related) and located within the MU-W2 (Mixed -Use Water Related) Coastal Zoning District. A coastal development permit is not required because the request to change the type of permitted Alcoholic Beverage Control ("ABC") license does not intensify or expand the existing eating and drinking establishment use. 5. A public hearing was held on August 8, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. i3 Planning Commission Resolution No. PC2019-022 Pace 2 of 13 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Project does not include any interior or exterior alterations to the existing eating and drinking establishment. No increase of gross floor area or net public area would occur with the approval of the requested amendment. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030(C)(3) (Alcohol Sales — Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding: In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Property is located in Reporting District 15 (RD 15). The Part One Crimes (The eight most serious crimes defined by the FBI Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson) crime rate in RD 15 was 159 crimes reported in 2018, which is higher than adjacent reporting districts RD 12, RD 16, and RD 13 and the citywide average. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of In Planning Commission Resolution No. PC2019-022 Paqe 3 of 13 nonresidential to residential uses. The findings can be made despite higher concentrations of crimes and the area was designed to accommodate restaurants. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business. 2. The Newport Beach Police Department ("NBPD") has reviewed the proposed use, provided operating conditions of approval, and has no objection to the addition of the Type 47 alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan and a closing hour of 11:00 p.m. ii. The numbers of alcohol -related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol -related calls for service, crimes, or arrests in RD 15 is higher than RD 13, RD 16 and RD 12. The Property had two (2) dispatch calls for 2018, neither of which were related to alcohol service. The NBPD has reviewed the Project and has no objection to the Applicant's request. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The Property is located in a mixed -use district where residential development is permitted above the first floor. There is an existing residence located on the second floor above the establishment and mixed -use developments that include residential units are located on nearby properties along Lafayette Avenue. The change from a Type 41 to a Type 47 ABC License with an existing eating and drinking establishment is not anticipated to significantly impact these adjacent land uses. 2. The nearest place of recreation, Lido Park, is located approximately 850 feet to the northeast. The nearest church, St. James Episcopal Church, is located approximately 550 feet to the north of the Property. The nearest school, Newport Elementary School, is located approximately 1 mile to the southeast along West Balboa Boulevard. The nearest hospital, Hoag Hospital, is located approximately 0.6 mile to the northwest. The nearest childcare center, Children's Center by the Sea, is located approximately 0.6 mile to the southeast. The Project is otherwise surrounded by other commercial, retail, office, and residential uses. 3. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. 4. Eating and drinking establishments with incidental alcohol service are common in the area. The proposed change to a Type 47 ABC License is not anticipated to alter the operational characteristics of the use such that it becomes detrimental 15 Planning Commission Resolution No. PC2019-022 Page 4 of 13 to the area. The resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. 1. The Cannery Village area was designed to accommodate multiple restaurants and the Project is located in close proximity to other food service establishments. This includes Tupelo Junction Cafe, a food service with a Type 47 (On Sale General) ABC License located at 508 29th Street, and Cannery Seafood of the Pacific, a food service with outdoor dining, a Type 47 (On Sale General) ABC License and no late hours (open after 11:00 p.m.) located at 3010 Lafayette Avenue. The RD 15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one (1) ABC License for every sixty-four (64) residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, and McFadden Square. While the license -to -resident ratio is higher than average and the Project is located in close proximity to other establishments, the location in Cannery Village, an established commercial area, together with the proposed operational characteristics would make the Type 47 ABC License acceptable. The NBPD does not anticipate any increase in crime or alcohol -related incidents with the approval of this application subject to the proposed conditions of approval. V. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the Property. 2. The existing eating and drinking establishment has included alcoholic beverage sales at this location since 1996. There were two (2) police dispatch events in 2018, though neither were related to alcohol service. 3. The Project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol -related impacts. 10 Planning Commission Resolution No. PC2019-022 Page 5 of 13 4. The establishment is required to close by 11:00 p.m., daily, which will ensure the use does not become a late night bar, tavern, or nightclub. 5. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC -required Licensee Education on Alcohol and Drugs ("LEAD") or Responsible Beverage Service ("RBS") training. In accordance with Subsection 20.52.020(F) (Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: The MU-W2 (Mixed -Use Water Related) land use designations under the General Plan and Coastal Land Use Plan apply to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. Although the Property and surrounding development does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor -serving land uses intended for the MU-W2 (Mixed -Use Water Related) land use designation. 2. The Property is not part of a specific plan area, therefore no findings of consistency with a specific plan is necessary. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: The MU-W2 (Mixed Use Water Related) Zoning District applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments with alcohol and no late hours require the approval of a minor use permit within the MU-W2 (Mixed -Use Water Related) Zoning District. The requested application is to add additional alcohol service to the existing eating and drinking establishment. 2. The existing food service, eating and drinking establishment does not provide on -site parking. In 1971, the Planning Commission approved Use Permit No. UP1536 to allow the establishment of a take-out restaurant. The restaurant was established prior to the requirement of off-street parking for the use in the zoning district and no off-street 17 Planning Commission Resolution No. PC2019-022 Paqe 6 of 13 parking was provided. In 1996, the Planning Commission approved Use Permit No. UP3578 changing the operating characteristics of the existing restaurant to allow the service of beer and wine, including a waiver of parking requirements. In 2005, the Planning Commission approved a second amendment to the use permit, Use Permit No. UP3578, approving an expansion of the net public area of the restaurant to the present-day 1,060 square feet, including an outdoor patio. Use Permit No. UP3578 included the waiver of three (3) off-street parking spaces associated with the expansion due to proximity to a City -owned parking lot located a walking distance of approximately 360 feet from the restaurant. 3. Under current parking requirements for a food service, eating and drinking establishment, parking is required at a rate of one (1) parking space per 30 to 50 square feet of net public area. In this case, a parking rate of one (1) space per 50 square feet of net public area is appropriate for the proposed use based on several physical design and operational characteristics. For example, there are a total of forty-seven (47) seats in the 597-square-foot dining area. Further, the net public area includes a waiting area and hallways, which does not allow for seating and dining, and the project is conditioned to prohibit live entertainment and dancing. 4. With a net public area of 1,060 square feet and a parking rate of one (1) space per 50 square feet of net public area, twenty-two (22) parking spaces are required to serve the Project under current standards. Due to the location of the municipal parking lot located a walking distance of approximately 360 feet from the restaurant, no additional parking beyond spaces previously waived is required for the Project. 5. Subsection 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) of the NBMC also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining patio closing hour of 11:00 p.m. will minimize noise impacts to residents located across the Rhine Channel. 6. As conditioned, the Project will comply with Zoning Code standards for eating and drinking establishments. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The existing establishment has operated at this location since 1971, has included alcohol service since 1996, and has proven compatible with the existing and allowed uses in the area, which consist of retail commercial, office, and residential developments. The Project includes conditions of approval to ensure that the potential for conflicts continues to be minimized to the greatest extent possible. AN Planning Commission Resolution No. PC2019-022 Page 7 of 13 2. The Property and surrounding properties on the block are developed with a variety of structures consisting of commercial retail, service, mixed -use, and residential dwelling units. As conditioned, the allowed hours of operation will be 6:00 a.m. to 11:00 p.m., daily, which will minimize late night disturbances to residences near the Property and across the Rhine Channel. 3. The existing food service, eating and drinking establishment has provided a trash enclosure accessible from the side yard that is completely screened from adjacent properties and rights -of -way. 4. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables to accommodate seats and a dining atmosphere. There is no live entertainment or dance floor. The Applicant is required to maintain the Property in substantial conformance with the approved floor plan in conjunction with a Type 47 (On Sale General - Eating Place) ABC License so that the restaurant's primary use is a bona fide eating and drinking establishment and not a bar, lounge, or night club. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The existing establishment is accessible from Lafayette Avenue, which provides convenient access for motorists, pedestrians, and bicyclists. 2. The Property is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood and are not proposed to change. 3. No intensification or enlargement is proposed with the addition of a Type 47 ABC License; therefore, no additional on -site parking is required. The Cannery Village area is a relatively dense area with multiple uses within a short distance of each other and is conducive to a significant amount of walk-in patrons. Furthermore, a municipal parking lot and on -street parking is available in the area to accommodate Cannery Village businesses. 4. Although no physical improvements are proposed at this time, future site and tenant improvements must comply with Title 20 of the NBMC and all Building, Public Works, and Fire Codes for permits to be issued. 19 Planning Commission Resolution No. PC2019-022 Page 8 of 13 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the Property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The addition of a Type 47 (On Sale General) ABC License will add menu options and continue to provide a public convenience to the surrounding neighborhood and visitors to the area. The changes will also provide an economic opportunity for the business and property owner. 3. The eating and drinking establishment is not allowed to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 4. The proposed use includes limited hours and closes no later than 11 p.m. and there is no increased parking demand. Based upon the requirements in Title 20 of the NBMC, the proposed use will not result in a detriment to the surrounding community. Off -Street Parking Reduction Based on current parking requirements, the Property's existing parking deficiency is twenty- two (22) spaces. In accordance with Section 20.40.110 (Adjustments to Off -Street Parking Requirements) of the NBMC, off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows: G. The Applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on -street parking available, greater than normal walk in trade, mixed -use development); Title 20 of the NBMC requires a parking rate of one (1) parking space per 30 to 50 square feet of net public area for food service, eating and drinking establishments. The existing establishment contains 1,060 square feet of net public area, including the 597- square-foot outdoor dining area. Using a rate of one (1) space per 50 square feet of net public area, twenty-two (22) parking spaces are required. The Property provides no parking spaces on -site. The continuation of historical parking reductions remains 20 Planning Commission Resolution No. PC2019-022 Paqe 9 of 13 appropriate for the Project because the addition of alcohol service does not intensify the use or increase parking requirements. In keeping with historical conditions, walk-up traffic is common in this mixed -use area of the peninsula. The restaurant is small, with only 597 square feet of dining area. On -street parking is available throughout this area and a municipal lot is located a walking distance of 360 feet away. This has proven to be sufficient to support the existing restaurant and nearby businesses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2019-023, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. This approval allows a food service, eating and drinking establishment with no late hours and a Type 47 (On Sale General) Alcoholic Beverage Control License located at 2816 Lafayette Avenue. 3. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 4. This resolution supersedes Use Permit No. UP3578, which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF AUGUST, 2019. AYES: NOES: ABSTAIN: ABSENT: BY: Chairman BY: Secretary 21 Planning Commission Resolution No. PC2019-022 Paqe 10 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. This Use Permit may be modified or revoked by the Planning Commission if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new use permit. 5. The hours of operation shall be limited to 6:00 a.m. through 11:00 p.m., daily. 6. The net public area of the eating and drinking establishment (restaurant) shall not exceed 1,060 square feet. 7. The food service establishment shall be prohibited from providing a physical bar or separate area to serve alcoholic beverages. 8. All signs shall conform with NBMC Chapter 20.42 (Sign Standards). No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 9. Temporary signs shall be prohibited in the public right-of-way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 10. Kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management District. 11. A washout area for the restaurant trash containers shall be provided in such a way as to ensure direct drainage into the sewer system and not into the Bay or storm drains, if required by the Building Division. LPN Planning Commission Resolution No. PC2019-022 Paqe 11 of 13 12. Grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, if required by the Building Division. 13. Applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of this Use Permit. 14. The eating and drinking establishment (restaurant) is allowed a Type 47 (On Sale General) ABC License. The sale of alcohol for off -site consumption is prohibited. 15. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 17. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 18. There shall be no live entertainment or dancing allowed on the premises. 19. Full meal service shall be provided during all hours of operation. 20. Applicant and/or operator shall not share any profits, or pay any percentage or commission to a promoter or any other person based on money collected as a door charge, cover charge or any form of admission charge, including minimum drink order or sale of drinks. 21. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within twenty (20) feet of the premises. Graffiti shall be removed within forty-eight (48) hours of written notice from the City. 22. Strict adherence to maximum occupancy limits is required. 23. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within sixty (60) days of hire. This training must be updated every three (3) years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within sixty (60) days of approval. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented by required by a representative of the City of Newport Beach. 23 Planning Commission Resolution No. PC2019-022 Paqe 12 of 13 24. The operator of the eating and drinking establishment (restaurant) shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. 25. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 26. No outside paging system shall be utilized in conjunction with this establishment. 27. Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 28. All trash areas shall be screened from adjoining properties and streets. 29. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 30. Storage outside of the building in the front or at the rear of the Property shall be prohibited, with the exception of the required trash container enclosure. 31. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the NBMC to require such permits. 32. For any physical tenant improvements, Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit for tenant improvements. 33. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful M Planning Commission Resolution No. PC2019-022 Paqe 13 of 13 fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). 34. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of NBMC Title 20 Planning and Zoning. 35. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of The Dock Conditional Use Permit including, but not limited to, Use Permit No. UP2019-023 (PA2019-075). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 2.5 20 Attachment No. PC 2 Draft Resolution for Denial 2� 22 RESOLUTION NO. PC2019-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING USE PERMIT NO. UP2019-023 TO ALLOW A TYPE 47 (ON -SALE GENERAL) ALCOHOL LICENSE AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2816 LAFAYETTE AVENUE (PA2019-075) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Overstreet LLC dba The Dock ("Applicant") representing Christine Overstreet ("Owner') with respect to property located at 2816 Lafayette Avenue, and legally described as Lot 9 in Block 425 of Lancaster's Addition to Newport Beach, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page(s) 14 of Miscellaneous Maps, in the office of the County Recorder of said County. 2. A conditional use permit to allow a Type 47 (On -Sale General) alcoholic beverage license at an existing food service establishment. The Dock currently operates with a Type 41 (On - Sale Beer and Wine) alcoholic beverage license with hours of operation from 6:00 a.m. through 11:00 p.m., daily. The existing establishment consists of 1,060 square feet of net public area, including a 597-square-foot covered outdoor patio fronting The Rhine Channel. No change to hours of operation and no physical interior or exterior alterations are proposed. The Applicant also requests a continuation of historical parking reductions. If approved, this use permit would supersede Use Permit No. UP3578. 3. The subject property is designated MU-W2 (Mixed Use Water Related) by the General Plan Land Use Element and is located within the MU-W2 (Mixed -Use Water Related) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed -Use Water Related) and it is located within the MU-W2 (Mixed - Use Water Related) Coastal Zoning District. A coastal development permit is not required because the request to change the type of permitted Alcoholic Beverage Control ("ABC") license does not intensify or expand the existing eating and drinking establishment use. 5. A public hearing was held on August 8, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 29 Planning Commission Resolution No. PC2019-022 Paqe 2 of 3 This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15270 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with City of Newport Beach Zoning Code ("Zoning Code") Section 20.52.020.F (Findings and Decision) of the NBMC, eating and drinking establishments classified as "Food Service, No Late Hours" located within the MU-W2 (Mixed Use Water Related) Zoning District require the approval of a minor use permit. The Planning Commission may approve a minor use permit only after making each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed use permit for a change in alcohol license type is inconsistent with the legislative intent of NBMC Title 20. The requested change in alcohol license type to include liquor service would create additional traffic, parking demand, noise, and trash that could disturb residents, businesses, and visitors. 2. The requested change in alcohol license type to include liquor service could result in more crime within the Reporting District. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Use Permit No. U P2019-023. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF AUGUST, 2019. AYES: NOES: ABSTAIN: ABSENT: 30 LMV , Chairman BY: , Secretary Planning Commission Resolution No. PC2019-022 Paqe 3 of 3 31 S2 Attachment No. PC 3 Police Department Memorandum 33 M. u ' NEWPORT BEACH POLICE DEPARTMENT p DETECTIVE DIVISION -43 - f MEMORANDUM TO: Chelsea Crager, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: June 13, 2019 SUBJECT: The Dock 2816 Lafayette Road PA2019-075 At your request, the Police Department has reviewed the project application for The Dock Malibu Farm, located at 2816 Lafayette Road, Newport Beach. Per the project description, the applicant is seeking to amend their Conditional Use Permit (CUP). The only proposed change is to change their ABC liquor license from a Type 41 Beer and Wine to a Type 47 with full liquor. There are no late hours and no live entertainment proposed. Statistical Data and Public Convenience or Necessitv Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the City-wide average, or an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for a Type 47 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP) process. Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime Analyst, Kristi Kondo, which provides detailed statistical information related to alcohol establishments and calls for service in and around the applicant's current place of business at 2816 Lafayette Road Crime Statistics: The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to compile statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 15 which stretches from 20th Street to 37th Street along the Newport Beach Peninsula. Per Business and Professions Code §23958.4, the Police Department is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft (all Part 1 crimes), combined with all arrests for other crimes, both S5 The Dock UP2019-075 felonies and misdemeanors (except traffic citations) to ABC. These figures make up the "Crime Count" which is indicated on the attached statistical data form. RD 15 is our highest crime area in Newport Beach with significant quality -of -life concerns for the residents, as well as the Police Department. This reporting district is reported to ABC as a high crime area as compared to other reporting districts in the City. The RD's Crime Count is 706, 408% over the City-wide crime count average of 134. Since this area has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. In comparison, neighboring RD 1.3 (9th Street to 20th Street) is 94% above the City-wide average, RD 16 (37th Street to 54th Street) is 53% higher, and RD 12 (F Street to 91h Street) is 19% lower. Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas. The highest volume crime in this area is simple assault. The highest volume arrest in the area is Public Intoxication. DUI, Public Intoxication, and liquor law violations make up 39% of arrests in this reporting district. In comparison, the figure for neighboring RD 13 is 25%, RD 16 is 17%, and RD 12 is 44%. This location meets the legal criteria for undue concentration as it relates to crime. (B&P §23958.4). Alcohol License Statistics: The applicant premise is located within census tract 0635.00. This census tract has an approximate population of 5,726 residents with 90 active alcohol licenses and 74 licensed establishments. That is a per capita ratio of 1 license for every 64 residents. Per the Business and Professions code, we must compare this per capita ratio to Orange County's on -sale per capita ratio of 1 license for every 467 residents. Since the area's ratio exceeds the ratio of retail licenses to population in the county, the area is deemed to have an undue concentration of alcohol licenses. This location meets the legal criteria for undue concentration as it relates to alcohol licenses. (B&P §23958.4). Dispatch Events: There were 2 dispatch events for 2816 Lafayette Road in 2018. One call was for a suspicious person in the area unrelated to the business and the other was for illegal parking. Discussion and Recommendations Undue Concentration exists in this location in regards to both crime and alcohol license saturation. A finding that this restaurant is a public convenience or necessity must be made in order to obtain the alcohol license. This is demonstrated when the business operation provides some kind. of benefit to the surrounding community. Approval of a use permit will indicate to ABC in their application process the City of Newport Beach has made the finding of public convenience or necessity. The Police Department is routinely concerned when alcohol licenses are added within the City's over concentrated areas. Alcohol is not new to this establishment, but the addition of liquor is. 3o The Dock UP2019-075 Given the business has no calls for service related to alcohol and will close at 11:00 p.m., daily, the Police Department has no objections to this project. RECOMMENDED CONDITIONS OF APPROVAL The Police Department requests the following condition be added to the use permit: 1. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner's manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. If you hoveany questions as to the content of this memorandum, please contact Investigator Wendy oe Ot (949)644-3705 or wjoe@nbpd.org. Wendy J Investigator, Special Investigations Unit Randy Parker Detective Sergeant, Special Investigations Unit 3 37 NEWPORT BEACH POLICE DEPARTMENT z. CHIEF 1ON T. LEWIS 2018 CRIME AND ALCOHOL -RELATED STATISTICS .�..' SUMMARY FOR THE DOCK AT 2816 LAFAYETTE RD. (RD15) Part I Diff From % Diff Part I Diff From % Diff Part 11 Diff From % Diff Part 11 Diff From % Diff Crime Diff From % Diff Subject: Crime Avg From Avg Arrests Avg From Avg Crime Avg From Avg Arrests Avg From Avg Count Avg From Avg 28161AFAYETn W. D NIA NIA D NIA NIA 1 NIA. NIA I WA N/A 1 NIA NIA Subject RD: RD15 159 +101 +176% 34 +29 +536% 550 +459 +505% 547 +466 +573% 706 +567 +408% Adjacent RD: RD13 60 +2 +4% 6 +1 +12% 177 +86 +95% 210 +129 +158% 270 +131 +94% Adjacent RD: RD16 49 -9 -15% 5 -0 -6% 140 +49 +54% 163 +82 +101% 212 +73 +53% Adjacent RD. RD12 37 -23.-3fi',i: 7 +2 +31% 80 -11 -12% 75 -6 -8% 112 -27 -19%. Newport Beach 2,192 RD Average = 59 203 RD Average = 6 3,456 RD Average = 89 3,088 RD Average = 74 5,280 RD Average = 134 Port I crimes are the 8 mostserious crimes as defined by the F& uniform Crime Per BP 23958.4,. crime count is the sum of Report � Homicide, Rope, Robbery, Aggravated Assault, Burglary, Lurcaog Auto Part I Crime plus Port it Arrests. Theft, and Arson. This report reflects City of Newport death data for 2011. Subject 28161AEAYERE W WA Q. NIA 0 4 CY Subject Census Arr'1 Tract:635 5,726 90 64 74 r Adjacent Census 4,220 39 108 34 Tract: 628 Adjacent Census Tract:636.03 6,221 9 691 9 „ Adjacent Census Tract: 634 41795 38 126 30 < _ ma`s Newport Beach 85,186 451 189 .389 y< Grange County 3,010,232 6,452 467 5,561 t Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 311912018. All Population figures token from the 2010 US Census. At = Subject Location 6/5/2m9 M Attachment No. PC 4 Project Description 39 40 PA2019-075 April 24, 2019 Mr. Gregg Ramirez Principal Planner Advanced Planning City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: The Dock — 2816 Lafayette Road Request to Amend Conditional Use Permit No.3578 Dear Mr. Ramirez: As the property owner of the Dock Restaurant located at 2816 Lafayette Road, please let this serve as our cover letter for the attached Conditional Use Permit Amendment application. Our application includes Site photos and an Aerial vicinity map, the Site plan and Floor plans, Justifications and Findings, Project Overview, Title Report, Public Notification Requirement Package, and a submittal fee in the amount of $4,674. As noted in the attached documents, our request is to amend our existing CUP to allow for a change in our ABC License from our existing Type 41 ABC License (On -sale Beer and Wine for a Bona Fide Public Eating Place) to a Type 47 ABC License (On -sale General for Bona Fide Public Eating Place) while maintaining the full -service fine dining restaurant in its current configuration, size, and hours of operation. It should be noted our hours of operation will remain in place per our current CUP which requires us to close at 11:00 PM. Further, as is currently the case, all alcohol will be served at the dining tables. The restaurant has no bar and is not requesting those conditions to be altered. Finally, please let this serve as our granting permission to let Coralee S. Newman of Government Solutions, Inc. be our authorized agent. Owner The Dock 41 PA2019-075 The Dock 2816 Lafayette Road Newport Beach Conditional Use Permit No. 3578 Amendment Request Project Description & Justification April 24, 2019 Request: Amend Conditional Use Permit No. 3578 to allow the existing full -service low turnover fine dining restaurant, The Dock, to upgrade its existing Type 41 ABC License (On -sale Beer and Wine for a Bona Fide Public Eating Place to a Type 47 ABC License (On -sale General for Bona Fide Public Eating Place). Background: The restaurant is currently in full operation and has been working under Use Permit No. 3578 (as amended in 2005- PA2005-041). This request will keep the restaurant in its current operation, size, and hours of operation. No expansion is being requested. As noted in the 2005 Planning Commission Staff Report (the restaurant was formerly known as La Quai) the property is a 3,000 square foot rectangular lot and is developed with a two-story mixed -use building with a full - service restaurant on the first floor and a 708 square foot, one -bedroom residential unit on the second floor. The restaurant's total area is 1,528 square feet with a total net public area of 1,060 square feet. While the restaurant currently serves wine and beer there is no bar. All alcohol is served directly to diners at their tables. There are 47 seats. The hours of operation that are currently allowed are 6:00 AM to 11:00 PM daily. All these existing conditions will remain the same. General Plan and Zoning: It should be noted that both the General Plan and Zoning for the site was amended by the City. In 2006 the General Plan was amended from Recreational & Marine Commercial to Mixed -Use Water (MU W2) designation. Subsequently, in 2010 the city adopted a new Zoning Ordinance which changed the site's zoning from Recreational & Marine Commercial (RMC) to MU — W2. Both the current General Plan Designation and the Zoning Designations allow for mixed use buildings with commercial (restaurant) on the ground floor and residential on the second floor. A full -service restaurant with no late hours (closing by 11:00 PM) is allowed with a Conditional Use Permit. Development Standards: As further noted in the 2005 Planning Commission Staff Report, as the property has operated in its current configuration since 1971, the Commission waived the required restaurant development standards, including building setbacks, parking and traffic circulation walls surrounding the restaurant site, landscaping, exterior illumination and underground utilities. Per the staff report, the Municipal Code allows these development standards to be waived or modified if such a waiver or modification will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than with the strict compliance with the standards. As all physical conditions remain the same, we request the same standards be applied with this application. Parking: The same applies to parking. In 2005, the Planning Commission granted the applicant a waiver of the 3 required parking spaces. The rationale for the waiver is well documented in the Planning Commission staff report and primarily focused on the fact that there is a large 44 parking space municipal parking lot in the area located at 30" Street and Villa Way and that metered on -street parking is available on the two sides of the street directly in front of the restaurant, as well as on all of the connecting and feeder streets. In that all conditions remain the same, and no expansion of the restaurant itself is being requested, we request the parking waiver remain in place. We believe this request is justified as all physical and operations conditions will remain as is and that this restaurant adds to the local charm of Cannery Village. The restaurant provides waterfront access and is a popular destination to the electric Duffy boaters and the general public alike. 42 Attachment No. PC 5 Public Comments 4S ME From: Lee, Amanda Sent: Monday, July 29, 2019 9:50 AM To: Crager, Chelsea Subject: FW: SUPPORT -The Dock Restaurant 2816 LaFayette Road August 8, 2019 Planning Commission Hearing Attachments: The Dock Restaurant Commission Hearing.pdf; All _Attach ments().pdf(1) Follow Up Flag: Follow up Flag Status: Completed From: Lauren Phillips <Lauren@agentinc.co> Sent: Monday, July 29, 2019 9:50 AM To: Planning Commissioners <PlanningCommissionersC@newoortbeachca.gov> Cc: christineoverstreet@me.com; cora@govsol.com; John McMonigle <John@agentinc.co> Subject: RE: SUPPORT- The Dock Restaurant 2816 LaFayette Road August 8, 2019 Planning Commission Hearing Dear Planning Commissioners, Please see John McMonigle's Letter of Support attached below. Please confirm receipt of this email. Kindest regards, Lauren Phillips agenti.. wwwagentinc.com RF, SUPPORT- The Dock Restaurant 2816 La Fayette Road August 8, 2019 Planning Commission Hearing Dear Planning Commissioners (Erik Weigand, Lee Lowrey, Curtis Ellmore, Sarah Klaustermeier, Lauren Kleiman, Peter Koetting, and Mark Rosene), My name is John McMonigle, President and Founder of the McMonigle Group and Agent Inc. I am writing on behalf of The Dock, a fine, entertaining, and uniquely Newport bistro that has been one of my favorite local dining establishments since its inception in 2009 As a Newport Beach resident, it is encouraging to experience and witness both the flavors and success of one of our town's only "white tablecloth" restaurants One can only hope for continued success, which is why I fully support the CUP modification to upgrade The Dock's alcohol service to include spirits, thus adding a much needed and exciting element to the fine dining experience The Dock offers. With this particular enhancement, I believe The Dock will add character and vision to their menu, and ultimately will continue to operate a successful and universally lauded Newport Beach establishment. To me, The Dock is representative of all that Newport Beach encompasses and attracts As a patron and as'a resident, I believe The Dock is a quintessential dining experience that deserves to be elevated. Than you for your time All b t, Joh McMonigle 49 Sbrteano Newport Beach, CA 92657 949,735.1004 John@agentinc.co Residential Agent Inc. 3500 East Coast Highway suite 120 Corona Dal Mar, CA 92625 P. (949) 791 - 81601 E. adminCogentinc.co DRE License # 02068079 40 Attachment No. PC 6 Project Plans 47 42 -PA ment No. PC 6 - Prgject Plans Mpmm-= S, . - - Wrn e U01-PA 'u +a-a'tl -IKP£.A-1 AV d,.ur%n g i _ D I C(-nR BeNf YAakWb� I S• lNf[iK#�j1p?Id � tl �Lj _ -? - - ' w19u6GL FyAXI eF I i:bD S.P. �GD PanD -�tArr I �A 4 WAIVM DF %. Pnar.+AG Hwy 0`( ywVtIA6- CDMMgmro , _- - - VA9U+W( �r � v.PaoP�-: o a LL � � F uRg' n �-7"(pZ: ¢l A0.L, LLtBNSE - 'C�) Z-6 Fy swv ... —ye.'05-AwGltIlll'X-rH(M 47 .. _... n.B�, uLeaase `I D15P1-GY- �60A?' IDENL6. C�GFfl - VU09� r BPIS.RATiod, -,mEJ .�.�y� .. " �q}t� iiDiklfb-d5 DPSWv7'18a1. H kE-INS- �E�Uf4+i ED, J O � �- `---- - IEi °j1DEwLKh '� BaRplf t ', .,I .. d• P.n. - �uwr .. � N bV-thLeR,S .. 4-20-1°I ' A F'A'Y ET TF AVM � I u=. a ..,. 'Sr-r-s^+-'--F-r�=. ph �t� 37®'•'727J .L Planning Commission - August 8, 2019 Item No. 3a Additional Materials Received The Dock Conditional Use Permit (PA2019-075) From: Sent: To: Cc: Subject: Attachments: Dear Commissioners, Jon Flagg <JFlagg@Villa RealEstate.com> Thursday, August 01, 2019 7:57 PM Planning Commissioners cora@govsol.com; christineoverstreet@me.com LETTER OF SUPPORT -THE DOCK RESTAURANT THE DOCK -SUPPORT LETTER.pdf Please review the attached correspondence in support of The Dock restaurant. Thank you kindly for your service to our community. Jon Flagg / REALTOR VYLLA 450 Newport Center Drive, Suite 100 Newport Beach, CA 92660 C 949 533 7878 T 949 698 1910 F 949 698 1911 VILLAREALESTATE.COM Properties sold by Jon Flage BRIE 01316048 Planning Commission - August 8, 2019 Item No. 3a Additional Materials Received The Dock Conditional Use Permit (PA2019-075) VILLA August 1, 2019 RE: SUPPORT- The Dock Restaurant 2816 La Fayette Road RE: August 8„ 2019 Planning Commission Hearing Dear Commissioner Smith/Planning Commission; My name is Jon Flagg and may this letter serve to establish my support and that of my wife, Melissa Flagg, for The Dock's desire to upgrade their alcohol service to include spirits. It is my belief that the CONDITIONAL USE PERMIT modification, as requested by the owner/operator, should be approved and by doing so the experience at one of a very few, fine dining, white -table cloth, full -service establishments in Newport Beach, will be enhanced. As a long-time resident, and partner at Villa Real Estate, who dines frequently at the restaurant, amongst others in the city, I can emphatically state that The Dock is an asset to our city and the Cannery Village area with the quality of the clientele being classy, impressive and most importantly respectful. The Dock has withstood the test of time thus far as a quality, destination restaurant with a unique and refreshing ambiance and it should have the ability to compete with other establishments, perhaps with a more raucous crowd —which I do not prefer, that hold full -service licenses. By the Planning Commission staffs approval of the CUP modification, an appropriate service will have been done for our community and those that support it. I welcome any questions that you may have and thank you for your service to our community Jon Flagg <9477 / )Villa Real Estate — 949 533 7878 wLLAREALEsrnTEcoM Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Dock Diner's Choice Award on Open Table for 8 Consecutive Years! 2012 — 2019 Rating on OPENTABLE is 4.9 out of 5 The Dock is rated Top 10 Restaurants in Orange County And often rated Number 1 of these top 10 (in Orange County actual diner's ratings) The # 1 rating rotates between a few restaurants. The DOCK's OVERALL RATINGS by Diners for the Past 210 Days Food 5 Service 5 Ambiance 5 Value 4 to 5 Noise: quiet to moderate Overall: Would Recommend Diner Accolades & Descriptions include: delicious food, creative cuisine, romantic, cozy, authentic, neighborhood gem, scenic views, good for special occasions, appealing decor, notable wine list, exceptional service. Planning Commission.- August 8, 2019 Item No. 3b Additional Materials Received At Meeting ,Award of Excellence The County of Orange Environmental Health Division is pleased to recognize The Dock 2816 Lafayette Ave., Newport Beach, CA 92663 For consistently maintaining exceptionally high food safety and sanitation standards throughout 2018. 2019 42�a2 Liza Frias Certificate Number: 2881 Richard Sanchez Director, Environmental Health Division Director, Health Care Agency This Award of Excellence is being issued in 2019 and may be posted only until December 31, 2019 Planning Commission -August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Dock Summer Menu First Soup Du Jour 10 Braised Baby Artichokes Kalamata Olive Greek Yogurt, Marinated Sweet Peppers, Oven Roasted Tomatoes 14 Charred Romaine Candied Rama, Round Pumpkin Seeds, Young Tomatoes, Gorgonzola Dressing 14 Roasted Peach & Burnam Wild Am ula, Treated Almonds, Salsa Verde, Brown limner Vinaipe" 14 Loup de Mer Ceviche Avocado, Red Jelepeaoa, Beet Mot Vinaigrette, Fish Skin Chichacron 18 Monies Frites Critme frodthe, Herbed Porous Frites, Gadie Aloll 18 Cajun Spiced Poached Lobster White Polenta, English Peru, Bacon Powder, Gumbo Sauce 24 Crispy Spanish Octopus Potato Foam, Bilbao Chmizo, Saffron Emulsion 18 Prime Steak Tartar Fried Quall Egg, Violet Mustard, Comichons, Pampas Gaufrena 18 SECOND Fresh Market Fish Quoted Daily Wild Alaskan King Salmon Potato Confit, Braccalini, Green Mediterranean Relish, Balsamic Emulsion 40 Maine Diver Scallops Parm. Matter Charred Brassie Sprouts, Fennel Slaw, Meyer Lemon Emulsion 40 Red Wine Braised Short Ribs Gnoahi Mac St Cheese, emitted Swim Chard, Smoked Bacon Mushrooms, Natural1. 42 JJdori Organic Chicken Breast Poleata Dustin, Haricot Vects, Heirloom Carrots, Chardounay Mustard Sauce 38 Free Range Natural Pork Chop Whipped Potato Puaq Roasted Pineapple Relish, Maple Adobo Glace 40 Spiced New Zealand Back of Iamb Moroccan Cusco.. Chick Pea Hwnmue, RatamWBe, Harlem, Jus 48 Block Cut Prime New York Pomme, Praw, Asparagus, HydmWatetcress, Fim Peppercorn Saum 48 Plans, m lksa roru renrr ofanr fo tad a/2eryirs Pow m arching. 20%SeMoe Choose on Parties 6 or mine; Cmkage Polio $40 per 750ml (emit one batrle) Plems silence yam v11.1upMne; sad limit uage while dining. Thank you f. diNngat ek Dmkl Artisanal Cheese Selections A variety of fine cheeses from Goat, Sheep & Cow Quoted daily Three Selections 14.00 Chocolate Ganache Tart Salted Caramel, Raspberries, Hazelnut Ice Cream Banana Bread Pudding Cake Passion Fruit Ice Cream, Mango Coulis, Banana Brulee, Caramel Sauce Profiteroles Vanilla Bean Ice Cream, Caramel, Chocolate Sauce Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) OC Artisanal Cheese Selections A variety of fine cheeses from Goat, Sheep & Cow Quoted daily Three Selections 14.00 Dessert 9 Chocolate Ganache Tart Salted Caramel, Raspberries, Hazelnut Ice Cream Banana Bread Pudding Cake Passion Fruit Ice Cream, Mango Coulis, Banana Brulee, Caramel Sauce Profiteroles Vanilla Bean Ice Cream, Caramel, Chocolate Sauce Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Dock Sunday Brunch on the Bay FIRST COURSE Soup Du Jour $12 Dock Made Gravlax $14 Potato latkes, Chive Emulsion, Capers Braised Baby Artichokes $14 Kalamata Olive Greek Yogurt, Marinated Sweet Peppers, Oven Roasted Tomatoes Charred Romaine $14 Candied Bacon, Roasted Pumpkin Seeds, Young Tomatoes, Gorgonzola Dressing Roasted Peach & Butters $14 Wild Arugula, Toasted Almonds, Salsa Verde, Brown Butter Vinaigrette Steak Tartare $16 Angus certified Filet Mignon, Petit Greens, Sunny Side•Up Quail Egg, Violet Mustard Loup De Mere Ceviche $18 Avocado, Red Jalapeiios, Beet Root Vinaigrette, Fish Skin Chicharron Moules Frites $18 Creme Fraiche, Herbed Pomme Frites, Garlic Aioli House Made Granola $12 Greek Yogurt, Fresh Berries, Agave Nectar ENTREES Brioche French Toast $16 Blueberry Compote, Toasted Almonds, Grand Mamier Chantilly Classic Belgian Waffle $16 Smoked Bacon, Macerated Strawberries, Praline Cream Eggs Benedict $20 Smoked Salmon or Prosciutto, Potato Gratin, Hollandaise Goat Cheese Scrambled Eggs $18 Oven Dried Tomatoes, Garlic Spinach, French Batard, Country Potatoes Eggs Florentine $20 Roasted Red Potatoes, Garlic Spinach, Avocado, Poached Eggs Hollandaise Short Rib Chili Omelet $20 Short Rib Chili, Jalapenos, Sour Cream, Cheddar Cheese Tarragon Poached Lobster $22 Polenta Cake, Hydro Watercress, Lobster Nage Steak Sandwich $26 Fried Egg, Tomato, Arugula, Bearnaise Sauce Tuscan Jidori Organic Chicken Sandwich $18 Fresh Mozzarella, Oven Dried Tomatoes, Basil Pesto, Mixed Greens or French Fries Fish Du Jour Market Price Please advise your server ofanyfood allergies prior to ordednp Thank you! Coffee, Soda, Iced Tea $6, FRESH SQUEEZED Orange or Grapefruit Juice $10, Bloody Marys $12, Mimosas $10, Hibiscus $12, Beer $8, FRESH Dock Lemonade $6 A 20% service charge is added to all checks for parties of 6 or more. Thank you for dining at the Dock! Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Dock Wine List Half Bottle-375m1 Selections Champagne Billecarte Salmon, Brut Rose NV 75.00 Delamotte, Blanc de Blancs NV 55.00 Philipponat, Royal Reserve Brut Rose, Maureuil-Sur-Ay NV 50.00 White Domestic Kongsgaard, Napa Valley, Chardonnay 2013 75.00 White French Chassagne-Montrachet, Louis Latour 2014 70.00 Meursault, Louis Latour 2013 55.00 White German/Italian Berncasteler Doctor, Riesling-Auslese, Mosel Zoos 70.00 Tenuta San Guido, Sassicaia, Bohlgheri 2016 265.00 Cabernet Sauvignon Opus One, Napa Valley 2014 250.00 Red Bordeaux Cleric Milon de Pastourelle, Pauillac zoos 75.00 Echo de Lynch Bages, Pauillac 2014 80.00 Le Garde, Pessac-Leognan 2015 50.00 La Parde Haut Bailly, Pessac-Leognan 2012 85.00 Chateau Troplong Mondot, Saint Emilion, Grand Cru 2008 115.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) The Dock Wine List -tso ml Bottle Selections Sparkling Chateau de Leoube, Rose, Provence NV 90.00 Domaine Huet, Brut, Vouvray Petillant 2014 80.00 Roederer Estate, Brut, Anderson Valley NV 75.00 Vigna Dorata, Franciacorta Brut, Cazzago San Martino NV 70.00 Champagne Billecart-Salmon, Demi-Sec NV 90.00 Billecart-Salmon, Brut Reserve NV 100.00 Billecart-Salmon, Brut Rose NV 140.00 Bollinger, Special Cuvee, Brut NV 120.00 Cristal, Louis Roederer, Reims 2009 300.00 Dom Perignon 2006 300.00 Dom Perignon, Rose 2003 470.00 Gosset, Brut Excellence NV 85.00 Krug Grand Cuvee, Reims NV 325.00 Le Mesnil, Blanc de Blancs, Grand Cru NV 95.00 Louis Roederer, Rose, Reims 2012 145.00 Philipponnat, Royal Reserve Brut Rose, Mareuil-Sur-Ay NV 115.00 Ruinart, Rose, Reims NV 145.00 Salon, Le Mesnil, Blanc de Blancs 2002 650.00 Veuve Clicquot, Brut, Reims NV 90.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) White Varietals - Domestic Eisele Vineyard, Napa Valley, Sauvignon Blanc 2015 120.00 Cade, Napa Valley, Sauvignon Blanc 2018 70.00 Hall, Napa Valley, Sauvignon Blanc 2017 75.00 Hourglass, Estate, Napa Valley, Sauvignon Blanc 2017 60.00 Spotswoode, Saint Helena, Sauvignon Blac 2016 90.00 Stolpman Vineyards, Estate, Ballard Canyon, Roussanne 2017 75.00 White Varietals - France Domaines Ott, Clos Mireille, Cotes de Provence 2014 75.00 Chateau de Sancerre, Sancerre 20017 85.00 Domaine Chevreau, Les Terres Blanches, Sancerre 2016 60.00 Patient Cottat, Anciennes Vignes, Sancerre 2016 60.00 White Varietals - Germany Bernkasteler Doctor, Mosel, Riesling Kabinett 2015 65.00 Bernkasteler Bastude, Mosel, Riesling Kabinett 2017 60.00 Bernkasteler Lay, Mosel, Riesling Auslese 2015 75.00 Fritz Haag, Mosel, Reisling 2017 70.00 Karthauserhofberg, Mosel, Riesling Auslese 1999 95.00 White Varietals - Italy Livio Felluga, Colli, Pinot Grigio 2016 65.00 Masi, Masianco, Venezia, Pinot Grigio/Verduzzo 2017 60.00 Rose Whispering Angel, Chateau d,Esclans, Cotes de Provence 2018 65.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Chardonnay Barnett Vineyards, Sangiacomo Vineyard, Cameros 2017 95.00 Beaux Freres, Yamhill-Carlton Ava, Willamette Valley 2012 105.00 Brewer -Clifton, Hapgood, Sta. Rita Hills 2014 65.00 Copain, Tous Ensemble, Mendocino County 2015 65.00 Dehlinger, Estate Bottled, Russian River Valley 2014 90.00 Dumol, Estate Vineyard, Sonoma Coast 2016 140.00 Flowers, Sonoma Coast 2016 90.00 Gran Moraine, Yamhill-Carlton, Oregon 2014 75.00 Hanzell, Sonoma Valley 2014 85.00 Hartford Court, Seascape Vineyard, Sonoma Coast 2016 115.00 Kongsgaard, Napa Valley 2013 135.00 Kongsgaard, Napa Valley 2014 140.00 Kongsgaard, Napa Valley 2015 145.00 Little Boat, Mateo, Russian River Valley 2017 75.00 Pahlmeyer, Napa Valley 2017 130.00 Peter Michael, Belle Cote, Knights Valley 2017 195.00 Peter Michael, -La Carriere,, Kights Valley 2017 140.00 Peter Michael, Ma Belle-Fille,, Knights Valley 2016 175.00 Petree Cellars, Russian River Valley 2015 75.00 Pisoni, Estate, Santa Lucia Highlands 2014 115.00 Raen, Charles Ranch, Fort Ross-Seaview 2016 110.00 Ridge, Monte Belllo Estate Vineyard, Santa Cruz Mountains 2016 95.00 Roar, Sierra Mar Vineyard, Santa Lucia Highlands 2013 95.00 Rodde, Coombsville, Napa Valley 2013 90.00 Rombauer Vineyards, Cameros 2017 85.00 Seasmoke, Estate, Sta. Rita Hills 2016 150.00 Tyler, Sanford & Benedict Vineyard, Sta. Rita Hills 2016 80.00 Varner, El Camino Central Coast 2015 75.00 Walt, Sonoma Coast 201T 75.00 Wayfarer, Wayfarer Vineyard, Fort Ross- Seaview, Sonoma County 125.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) White Burgundy Bourgogne, Domaine Leflaive 2013 120.00 Batard-Montrachet, Domaine Michel Caillot, Grand Cru 2010 495.00 Batard-Montrachet, Domaine Blain-Gagnard, Grand Cru 2011 395.00 Batard-Montrachet, Domaine Michel Niellon, Grand Cru 2011 425.00 Chassagne-Montrachet, Louis Latour, La Grande Montagne 2010 145.00 Chas sag ne-Montrac het, Clos Saint-Jean, Michel Niellon, ter Cru 2012 155.00 Chas sag ne-Montrachet, Clos Saint-Jean, Michel Niellon, ter Cru 2013 170.00 Chas sag ne-Montrachet, La Maltroie, Philippe Colin, ter Cru 2011 140.00 Chassagne-Montrachet, Les Vergers, Philippe Colin, ter Cru 2014 165.00 Chassagne-Montrachet, Jean-Claude Ramonet, Les Caillerets ter Cru 2015 185.00 Chevaler-Montrachet, Les Demoiselles, Louis Jadot, Grand Cru 2012 525.00 Chevalier-Montrachet, Philippe Colin, Grand Cru 2014 495.00 Chevalier-Montrachet, Michel Niellon, Grand Cru 2012 490.00 Chevalier-Montrachet, Philippe Colin, Grand Cru 2012 550.00 Clos du Chateau, Chateau de Meursault, Monopole 2015 125.00 Meursault, Chanson 2011 125.00 Meursault, Louis Latour, ter Cru 2013 120.00 Meursault-Perrieres, Pierre Matrot, ter Cru 2011 175.00 Meursault-Charmes, Louis Latour, ter Cru 2011 105.00 Montrachetj Drouhin, Marquis de Laguiche, Grand Cru 2009 850.00 Montrachet, Louis Latour, Grand Cru 2010 570.00 Montrachet, Louis Jadot, Grand Cru, 2012 850.00 Montrachet, Morey Blanc, Grand Cru 2004 800.00 Pernard-Vergelesses, Chanson, Les Cardeaux, ter Cru 2012 155.00 Puligny-Montrachet, Les Chalumeaux, Pierre Matrot, ter Cru 2olo 135.00 Saint-Veran, Domaine Du Chalet Pouilly 2017 65.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Pinot Noir Champ De Reves, Anderson Valley 2014 80.00 Domaine Anderson, Anderson Valley 2012 Magnum 140.00 Dumol, Ryan, Widdoes Vineyard, Russian River Valley 2016 175.00 Flaneur, X-Novo Vineyard, Willamette Valley 2016 105.00 Hartford Court, Arrendell Vineyard, Russian River Valley 2016 135.00 Hartford Court, Seascape Vineyard, Sonoma Coast 2016 110.00 Hyde and Sons, Larry Hyde and Sons Vineyard, Cameros 2014 105.00 Kistler, Russian River Valley 2017 115.00 Nicolas Jay, Willani Valley 2016 110.00 Peter Michael, ,Le Caprice,, Fort Ross-Seaview, Sonoma County 2017 185.00 Peter Michael, ,Ma Danseuse,, Fort Ross-Seaview, Sonoma County 2016 195.00 Raen, Royal St. Robert, Sonoma Coast 2016 100.00 Raen, Seaview, Fort Ross 2016 135.00 Wayfarer, The Traveler, Fort Ross- Seaview, Sonoma County 2014 140.00 Wayfarer, Mother Rock, Fort Ross- Seaview, Sonoma County 2014 170.00 Syrah & Rhone Varietal Blends Dumol, Wild Mountainside, Russian River Valley 2016 110.00 LaBarge, Sta. Rita Hills 2012 130.00 Leverage, Acceleration, Paso Robles 2016 90.00 Stolpman Vineyards, Estate, Ballard Canyon 2017 80.00 Zinfandel Hartford, Dina,s Vineyard, Russian River Valley 2016 95.00 Seghesio, Old Vine, Sonoma County 2014 85.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Red Burgundy Cotes de Beaune Corton-Bressandes, Domaine Tollot-Beaut, Grand Cru 2008 175.00 Corton Clos du Roi, Louis Latour, Grand Cru 2012 180.00 Pommard, Domaine de Courcel, Grand Clos Des Epenots, ter Cru 2011 155.00 Pommard, Domaine de Courcel, Les Fremiers, ter Cru 2011 135.00 Pommard, Domaine Faiveley, Les Rugiens, ter Cru 2011 165.00 Santennay, Clos des Cornieres, Antoine Petitprez, Uliz 2015 95.00 Savigny-Lavieres, Domaine Tollot-Beaut, 1er Cru 2012 105.00 Cotes de Nuits Chambertin, Clos de Beze, Domaine Faiveley, Grand Cru 2011 340.00 Chambertin, Louis Latour, Cuvee Heritiers Latour 2009 205.00 Clos de Vougeot, Chateau de la Tour, Grand Cru 2009 310.00 Cote de Nuits-Villages, Domaine Daniel Rion & Fils, Mosaic 2016 65.00 Echezeaux, Domaine de la Romanee-Conti 2010 1650.00 Gevrey-Chambertin, Sarl Domaine Phillipe Charlopin La justice 2015 185.00 Grands Echezeaux, Domaine de la Romanee-Conti 2012 1900.00 La Grande Rue, Domaine Francois Lamarche, Monopole, Grand Cru 2012 500.00 Marsannay, Domaine Collotte, Les Champsalomon 2015 60.00 Mazoyeres-Chambertin, Domaine Perrot -Minot, Grand Cru 2012 650.00 Morey -Saint-Denis, Dujac Fils & Pere 2012 150.00 Nuits-Saint-Georges, Domaine Francois Confuron-Gindre 2015 115.00 Nuits-Saint-Georges, Aurelien Verdet, Les Damondes, ter Cru 2011 175.00 Nuits-Saint-Georges, Clos des Forets Saint Georges, de Arlot, ter Cru 2008 165.00 Richebourg, Domaine de la Romanee-Conti 2012 2200.00 Vosne-Romanee, Domaine de la Romanee-Conti 2006 860.00 Vosne-Romanee, Daniel Rion & HIS 2016 135.00 Vosne-Romanee, Roche De Bellene, Aux Malconsorts. ter Cru 2009 325.00 Vosne-Romanee, Louis Latour2013 115.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Cabernet Sauvignon and Red Blends Aiken, Rutherford, Napa Valley 2013 195.00 Anakota, Helena Montana Vineyard, Knights Valley 2013 195.00 Araujo Estate, Altagracia, Napa Valley 2014 210.00 Arcudi, Black Sears Vineyard, Howell Mountain 2012 210.00 Blankiet, Prince of Hearts, Napa Valley 2011 140.00 Blankiet, Prince of Hearts, Napa Valley 2013 145.00 Bryant Family Vineyard, Napa Valley 2011 900.00 Bryant Family, DB4, Napa Valley 2011 270.00 Bryant Family, DB4, Napa Valley 2012 325.00 Bure Family, Thirteen Napa Valley 2012 195.00 Cade, Howell Mountain, Estate 2016 165.00 Cade, Howell Mountain, Reserve 2014 295.00 Cade, Howell Mountain, Reserve 2015 315.00 Caymus, Napa Valley 2017 170.00 Caymus, Special Selection, Napa Valley 2015 275.00 Continuum, Napa Valley 2011 225.00 Cru, by Vineyard 29, Napa Valley 2016 95.00 Dalle Valle Vineyards, Collina, Napa Valley 2015 165.00 Dalle Valle Vineyards, Maya, Napa Valley, 2014 650.00 Dalle Valle Vineyards, Estate, Napa Valley 2014 345.00 Dominus, Napa Valley 2012 450.00 Dominus, Napa Valley 2014 455.00 Dominus, Napa Valley 2015 575.00 Dominus, Napa Valley 2016 575.00 Double Diamond by Schrader, Oakville 2016 135.00 Entire Nous, Napa Valley 2012 235.00 Futo, Oakville Red, Napa Valley 2011 375.00 Futo, OV/SL, Napa Valley 2012 225.00 Harlan, Estate, Napa Valley 2015 1850.00 Herb Lamb Vineyard, Napa Valley 2014 205.00 Herb Lamb Vineyard, Napa Valley 2015 195.00 Herold, White Lable, Napa Valley 2012 225.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Cabernet Sauvignon and Red Blends Kapcsandy, Roberta,s Reserve, State Lane Vineyard, Yountville 2014 475.00 Kapcsandy, Estate Cuvee, State Lane Vineyard, Yountville 2014 225.00 Kapcsandy, Grand Vin, Yountville 2014 550.00 Kathryn Hall, Napa Valley 2015 250.00 Kelly Flemming, Napa Valley 2012 165.00 Knights Bridge, Beckstoffer To Kalon Vineyard, Napa Valle 2013 200.00 Luscher Ballard, Spring Mountain District 2012 155.00 M. Etain, Rutherford 2016 350.00 Odette, Estate, Stags Leap District, Napa Valley 2015 200.00 Opus One, Napa Valley 2015 425.00 Overture by Opus One, Napa Valley NV 195.00 Pahlmeyer, Red Wine, Napa Valley 2014 245.00 Pahlmeyer, Red Wine, Napa Valley 2016 255.00 Peter Michael, Au Paradis, 2013 355.00 Peter Michael, L,Esprit des Pavots 2015 175.00 Peter Michael, °Les Pavots' 2013 375.00 Peter Michael, Les Pavots' 2014 325.00 Peter Michael, Les Pavots 2015 305.00 Peter Michael, -Les Pavots' 2016 335.00 Quintessa, Napa Valley 2014 230.00 Realm Cellars, Moonracer Estate, Stags Leap District 2016 550.00 Realm Cellars, The Bard, Napa Valley 2016 360.00 Riverain, Oakville 2015 175.00 Scarecrow, Rutherford 2016 950.00 Schrader, LPV, Beckstoffer, Las Piedras Vineyard, Napa Valley 2011 525.00 Sineann, Baby Poux Reserve, Columbia Valley 2014 1W00 Spottswoode, Estate, Saint Helena 2014 325.00 Ulysses, Napa Valley 2012 250.00 Verite, Le Desir, Sonoma County 2012 420.00 Ziata, Mia Madre, Red Wine, Napa Valley 2013 145.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Rhone Valley Famille Perrin, Chateau de Beaucastel, Chateauneuf Du Pape 2015 135.00 Famille Perrin, Chateau de Beaucastel, Chateauneuf Du Pape 2015 140.00 E. Guigal, Cotes Du Rhone 2013 45.00 Jocelyne & Yves Lafoy, Prelude, Cote-Rotie 2015 110.00 Other French Red Vin de Savoie, Ascendance, Mondeuse, Antoine Petitprez, Uliz 2012 $0.00 Italy (sole a Olena, Chianti ClasSic02015 85.00 Le Serre Nuove Dell, Ornellaia, Bolgheri 2016 115.00 Le Volte Dell, Ornellaia, Toscana 2017 90.00 Masseto, Toscana 2014 995.00 Marchesi Antinori, Tiganello, Toscana 2015 245.00 Ornellaia, LaTensione, Bolgheri Superiore 2016 295.00 Dessert & Aperitif Wine France - Sauternes Chateau d,Yquem 2003, 112 bottle 325.00 Chateau La Tour Blanche, ter Cru 2003 1/2 bottle 55.00 Chateau Rieussec, Grand Cru 2006 125.00 Castelneau de Suduiraut 2007, 1/2 bottle 50.00 Portugal Taylor Fladgate, Vintage Porto 1977 275.00 Planning Commission - August S, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Bordeaux Chateau Certan De May de Certan, Pomerol 2010 275.00 Chateau Chantelune, Margaux 2014 95.00 Chateau Gruaud Larose, Saint Julien, Grand Cru 2000 265.00 Chateau Haut Gay, Bordeaux Superieur 2014 65.00 Chateau Hosanna, Pomerol 2006 230.00 Chateau Hosanna, Pomerol 2008 195.00 Chateau Hosanna, Pomerol 2010 320.00 Chateau Lafleur Gazin, Pomerol 2010 165.00 Chateau Lafite Rothschild, Pauillac 2005 2100.00 Chateau Les Troix Crois, Frorl 2014 90.00 Chateau Magdelain, Saint-Emilion, Grand Cru 2010 255.00 Chateau Montrose, Saint-Estephe 2008 265.00 Chateau Pavie, Saint Emilion, Grand Cru 2006 450.00 Chateau Pontet-Canet, Pauillac, Grand Cru 2014 1E5.00 Chateau Pontet-Canet, Pauillac, Grand Cru 2o15 215.00 Chateau Pichon-Longueville, au Baron de Pichon-Longueville, Pauillac 1997 210.00 Chateau Pichon-Longueville, au Baron de Pichon-Longueville, Pauillac 200E 260.00 Chateau Rauzan-Segla, Margaux, Grand Cru 198E 160.00 Chateau Troplong Mondot, Saint-Emilion, Grand Cru 2009 415.00 Chateau Trotanoy, Pomerol 2005 525.00 Cos d,Estournel, Saint Estephe 200E 265.00 Lassegue, Saint-Emilion, Grand Cru 2011 175.00 Lassegue, Saint-Emilion, Grand Cru 2015 155.00 Le Petit Cheval, Saint-Emilion, Grand Cru 2008 260.00 Leoville de Las Cases, Saint Julien 2003 345.00 Vieux Chateau Certan, Pomerol 2008 180.00 Planning Commission -August 8, 2019 Item No. 3b Additional Materials Received At Meeting Christine Overstreet Has Attended and Completed the Department of Alcoholic Beverage Control's s Alcohol Seller/Server Training Program SALADEN DANA Trainer October 25, 2016 Date of Training Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission Public Hearing August 8, 2019 Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) • Upgrade ABC license from beer and wine only to include distilled spirits atThe Dock restaurant • Conditional Use Permit • Continuance of parking reductions • Mixed Use Area • Cannery Village • 2816 Lafayette Avenue Community Development Department- Planning Division Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Community Development Department- Planning Division Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Community Development Department- Planning Division Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) • 1971 — Ta ke-out restaurant with apartment above • 1996 — Beer and wine service, restaurant expansion • 2005 — Restaurant expansion and parking waiver .Dock Community Development Department- Planning Division Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) • 1,o6o square feet net public area, 597 square feet dining area, 47 seats • 6:oo a.m. — zz:oo p.m., daily • No live entertainment/dancing • No onsite parking Community Development Department- Planning Division h r .1 R+ R re y 301 e e mm m n Pais a � e n a e r a 7OJ c 1O,��O✓ r�'9e V 1 o .col P 10 o o�0 1 l i •� PP_ 3OTH 5T 19 JTF-m � 3010 w S e 7 _ Approx. 36o feet I �g n 2 minutes 12 ` I5.1111 1 11 11 11 1 + J ,Y� 2908 y 2906 2907 Y � c C o P+ M a as a a & 'r4 L900 29 1e30 r, P, \ 812 IS, o 6 zsz o E 1g1 . g o 'L 10 11�0 1 1% 1 n g10 1 It's 2810 280o 1 18,1 4G y�gb 6 /' 10,E 7 , e Community Development Department - Planning Division lOrz 7g08 G�8\ The Rhine I Ir r Li.. r 10 z r, i1 Site Photos Municipal 4 Parking Facility A �. Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) • Conduct a public hearing; • Find this project exempt from CEQA pursuant to Section 15301 under Class 1(Existing Facilities) of the CEQA Guidelines because it has no potential to have a significant impact on the environment; and • Adopt Resolution No. PC2019-022 approving Conditional Use Permit No. UP2019-023. Community Development Department- Planning Division 10 Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Questions.? Community Development Department- Planning Division PRO 3coac-4 Thursday, August 8, 2019 `i� �' �� twe 4 All f rk Item it Planning Commi ust 8, 2019 Item No. 3d Additional Materialsi s At Meeting W s The Dock Conditional Usb A2019-075) r r wma— Wimi - Millt J P p ogo a - J�, z-ri. r' Ision - August 8, 2019 Presented At Meeting Permit (PA2019-075) L_. I a i Planning Commission - August 8, 2019 I' Additional Materials Presented At Meeting CT ck Conditional Use Permit (PA2019-07j) 4, ,r t --- ---- qpJLPL w w 11.1 IN soon oil JAW�- . . ..w+71 � �i _ � 7i'•1.-_ea"' ;, _� :,FLU _ � -. ..F. t +sew. o d, Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) t n G In I 7 �L�'�Ip' 0 too le i r 4 Aa4vk y1t) t4-.. i yam'ZmJ