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Home My WebLink About20190808_PC_Staff Report CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 8, 2019 Agenda Item No. 3 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 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 INTENTIONALLY BLANK PAGE2 The Dock Conditional Use Permit (PA2019-075) Planning Commission, August 8, 2019 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed Use Water Related (MU-W2) Mixed-Use Water Related (MU-W2) Restaurant with Residential Above NORTH Mixed Use Water Related (MU-W2) Mixed-Use Water Related (MU-W2) Boatyard SOUTH Mixed Use Water Related (MU-W2) Mixed-Use Water Related (MU-W2) Commercial EAST Multiple Unit Residential (RM) Lido Peninsula – Amendment413 (PC6) Multiple Unit Residential WEST Mixed Use Horizontal (MU-H4) Mixed Use Cannery Village/15th St (MU- CV/15th St) Commercial Subject Property Municipal Parking Facility 3 INTENTIONALLY BLANK PAGE4 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 29th 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 Wine) Type 47 (On-Sale General – Eating Place) Seats 47 seats 47 seats Net Public Area 1,060 square feet 1,060 square feet Interior (waiting area, hallways, restrooms) 462 square feet 462 square feet Outdoor Dining Patio 597 square feet 597 square feet Hours 6:00 a.m. to 11:00 p.m. daily 6:00 a.m. to 11:00 p.m. daily Parking Rate/Reduction1 3 spaces waived in 2005 (one space per 50 square feet of net public area) No on-site parking required 3 spaces waived in 2005 (one space per 50 square feet of net public area) 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. 6 The Dock Conditional Use Permit (PA2019-075) Planning Commission, August 8, 2019 Page 5 DISCUSSION 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: 8 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 approva l, 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 t he 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). 9 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 inc ludes a modified ABC License. Public Notice Notice of this hearing was published in the Daily Pilot, ma iled 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: 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 :\Users\ccrager\Downloads\Staff_Report_Master_Template (1).docx01/12/18 10 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 INTENTIONALLY BLANK PAGE12 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: SECTION 1. STATEMENT OF FACTS. 1. 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. 13 Planning Commission Resolution No. PC2019-022 Page 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 expansi on 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 effec t 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 14 Planning Commission Resolution No. PC2019-022 Page 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. iii. 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 4 7 (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 lice nses 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. 16 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: 1. 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: 1. 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 Page 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 pa rking 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 fe et 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. 18 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: 1. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the 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); 1. 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 Page 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 8TH DAY OF AUGUST, 2019. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Chairman BY:_________________________ Secretary 21 Planning Commission Resolution No. PC2019-022 Page 10 of 13 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1. 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. 22 Planning Commission Resolution No. PC2019-022 Page 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 Page 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 inclu de frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful 24 Planning Commission Resolution No. PC2019-022 Page 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. 25 INTENTIONALLY BLANK PAGE26 Attachment No. PC 2 Draft Resolution for Denial 27 INTENTIONALLY BLANK PAGE28 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. 1. 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 Page 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. UP2019-023. 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 8TH DAY OF AUGUST, 2019. AYES: NOES: ABSTAIN: ABSENT: 30 Planning Commission Resolution No. PC2019-022 Page 3 of 3 BY:_________________________ , Chairman BY:_________________________ , Secretary 31 INTENTIONALLY BLANK PAGE32 Attachment No. PC 3 Police Department Memorandum 33 INTENTIONALLY BLANK PAGE34 35 36 37 38 Attachment No. PC 4 Project Description 39 INTENTIONALLY BLANK PAGE40 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 , ou r 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. PA2019-075 41 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 res idential 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 Genera l 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 th 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 operat ions 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. PA2019-075 42 Attachment No. PC 5 Public Comments 43 INTENTIONALLY BLANK PAGE44 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_Attachments().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 <PlanningCommissioners@newportbeachca.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 45 46 Attachment No. PC 6 Project Plans 47 INTENTIONALLY BLANK PAGE48 '· ... ,.,.~.- . '. 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' , . , '; 50PA2019-075Attachment No. PC 6 - Project Plans From: Jon Flagg <JFlagg@VillaRealEstate.com> Sent: Thursday, August 01, 2019 7:57 PM To: Planning Commissioners Cc: cora@govsol.com; christineoverstreet@me.com Subject: LETTER OF SUPPORT - THE DOCK RESTAURANT Attachments: THE DOCK - SUPPORT LETTER.pdf Dear Commissioners, Please review the attached correspondence in support of The Dock restaurant. Thank you kindly for your service to our community. Jon Flagg | REALTOR 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 Flagg BRE 01316048 Planning Commission - August 8, 2019 Item No. 3a Additional Materials Received The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3a Additional Materials Received The Dock Conditional Use Permit (PA2019-075) ., il-. aDock 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 4to s· 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 The Dock Conditional Use Permit (PA2019-075) .. ' I I 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~~5' ___ _..;_._R_i-ch_a_r_d_S_a_~_c_h_e_z=-------#-- Certificate Number: 2881 -~aFrias . Director, Environmental Healt/1 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) LL... IIDock Summer Menu First Soup DuJour 10 Braised Baby Artichokes Kalamata Olive Greek Yogurt, Marinated Sweet Peppers, Oven Roasted Tomatoes 14 Charred Romaine Candied Bacon, Roasted Pumpkin Seeds, Young Tomatoes, Gorgonzola Dressing 14 Roasted Peach & Burrata Wild Arugula, Toasted Almonds, Salsa Verde, Brown Butter Vinaigrette 14 Loup de Mer Ceviche Avocado, Red Jalapefios , Beet Root Vinaigrette, Fish Skin Chicharron 18 Moules Frites Creme Fraiche, Herbed Pomme Frites, Garlic Aioli 18 Cajun Spiced Poached Lobster White Polenta, English Peas, Bacon Powder, Gumbo Sauce 24 Crispy Spanish Octopus Potato Foam, Bilbao Chorizo, Saffron Emulsion 18 Prime Steak Tartar Fried Quail Egg, Violet Mustard, Comichons, Po~mes Gaufrettes 18 SECOND Fresh Market Fish Quoted Daily Wild Alaskan King Salmon Potato Confit, Broccolini, Green Mediterranean Relish, Balsamic Emulsion 40 Maine Diver Scallops Parmesan Risotto, Charred Brussels Sprouts, Fennel Slaw, Meyer Lemon Emulsion 40 Red Wine Braised Short Ribs Gnocchi Mac & Cheese, Braised Swiss Chard, Smoked Bacon Mushrooms, Natural jus 42 Jidori Organic Chicken Breast Polenta Gratin, Haricot Verts, Heirloom Carrots, Chardonnay Mustard Sauce 38 Free Range Natural Pork Chop Whipped Potato Puree, Roasted Pineapple Relish, Maple Adobo Glaze 40 Spiced New Zealand Rack of Lamb Moroccan Couscous, Chick Pea Hummus, Ratatouille, Harlssa Jus 48 Block Cut Prime New York Pommes Frites, Asparagus, Hydro-Watercress, Five-Peppercorn Sauce 48 Please advise your server of any food allergies prior to ordering. 20% Service Charge on Parties 6 or nwre; Corkage Policy $40 per 750ml (limit one bottle) Please silence your cellular plwnes and limit usage while dining. Thank you for dining at the Dock! Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) x.L_ Dock 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 BrOlee, Caramel Sauce Profiteroles Vanilla Bean Ice Cream, Caramel, Chocolate Sauce x.L_ Dock 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 BrOlee, 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) LL Dock Sunday Brunch on the Bay FIRST COURSE Soup DuJour $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 & Burrata $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 Jalapefios, 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, Gran.cl 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, J alapenos, Sour Cream, Cheddar Cheese Tarragon Poached Lobster $22 Polenta Cake, Hydro Watercress, Lobster Nage Steak Sandwich $26 Fried Egg, Tomato, Arugula, Bearnaise Sauce TuscanJidori Organic Chicken Sandwich $18 Fresh Mozzarella, Oven Dried Tomatoes, Basil Pesto, Mixed Greens or French Fries Fish DuJour Market Price Please advise your server of any food allergies prior to ordering-. Thank you! Coffee, Soda, Iced Tea $6, FRESH SQUEEZED Orange or Grapefruit Juice $10, Bloody Mary's $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 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Dock Wine Li st Half Bottle-J1sml Selections Billecarte Salmon, Brut Rose NV Delamotte, Blanc de Blancs NV Champagne Philipponat, Royal Reserve Brut Rose, Maureuil-Sur-Ay NV White Domestic Kongsgaard, Napa Valley, Chardonnay 2013 White French Chassagne-Montrachet, Louis Latour 2014 Meursault, Louis Latour 2013 White German/Italian Berncasteler Doctor, Riesling-Auslese, Mosel 2006 Tenuta San Guido, Sassicaia, Bohlgheri 2016 Cabernet Sauvignon Opus One, Napa Valley 2014 Red Bordeaux Clerc Milon de Pastourelle, Pauillac 2009 Echo de Lynch Bages, Pauillac 2014 Le Garde, Pessac-Leognan 2015 La Parde Haut Bailly, Pessac-Leognan 2012 Chateau Troplong Mondot, Saint Emilion, Grand Cru 2008 75.00 55.00 50.00 75.00 70.00 55.00 70.00 265.00 250.00 75.00 80.00 50.00 85.00 115.00 Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) The Dock Wine List 1so m I Bottle Selections Sparkling Chateau de Leoube, Rose, Provence NV Domaine Huet, Brut, Vouvray Petillant 2014 Roederer Estate, Brut, Anderson Valley NV Vigna Dorata, Franciacorta Brut, Cazzago San Martino NV Champagne Billecart-Salmon, Demi-Sec NV Billecart-Salmon, Brut Reserve NV Billecart-Salmon, Brut Rose NV Bollinger, Special Cuvee, Brut NV Cristal, Louis Roederer, Reims 2009 Dom Perignon 2006 Dom Perignon, Rose 2003 Gosset, Brut Excellence NV Krug Grand Cuvee, Reims NV Le Mesnil, Blanc de Blancs, Grand Cru NV Lou is Roederer, Rose, Rei ms 2012 Philipponnat, Royal Reserve Brut Rose, Mareuil-Sur-Ay NV Ruinart, Rose, Reims NV Salon, Le Mesnil, Blanc de Blancs 2002 Veuve Clicquot, Brut, Reims NV 90.00 80.00 75.00 70.00 90.00 100.00 140.00 120.00 300.00 300.00 470.00 85.00 325.00 95.00 145.00 115.00 145.00 650.00 90.00 Planning Commission - August 8, 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 Cade, Napa Valley, Sauvignon Blanc 2018 Hall, Napa Valley, Sauvignon Blanc 2011 Hourglass, Estate, Napa Valley, Sauvignon Blanc 2011 Spotswoode, Saint Helena, Sauvignon Blac 2018 Stolpman Vineyards, Estate, Ballard Canyon, Roussanne 2011 White Varietals -France Domaines Ott, Clos Mireille, Cotes de Provence 2014 Chateau de Sancerre, Sancerre 20011 Demaine Chevreau, Les Terres Blanches, Sancerre 2018 Patient Cottat, Anciennes Vignes, Sancerre 2018 White Varietals -Germany Berncasteler Doctor, Mosel, Riesling Kabinett 2015 Bernkasteler Bastude, Mosel, Riesling Kabinett 2011 Bernkasteler Lay, Mosel, Riesling Auslese 2015 Fritz Haag, Mosel, Reisling 2011 Karthauserhofberg, Mosel, Riesling Auslese 1999 White Varietals -Italy Livia Felluga, Colli, Pinot Grigio 2016 Masi, Masianco, Venezia, Pinot Grigio/Verduzzo 2011 Rose Whispering Angel, Chateau d 1 Esclans, Cotes de Provence 2018 120.00 70.00 75.00 80.00 90.00 75.00 75.00 85.00 80.00 80.00 85.00 60.00 75.00 . 70.00 95.00 65.00 60.00 65.00 Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Chardonnay Barnett Vineyards, Sangiacomo Vineyard, Cameras 2011 Beaux Freres, Yamhill-Carlton Ava, Willamette Valley 2012 Brewer-Clifton, Hapgood, Sta. Rita Hills 2014 Copain, Taus Ensemble, Mendocino County 2015 Dehlinger, Estate Bottled, Russian River Valley 2014 Dumol, Estate Vineyard, Sonoma Coast 2016 Flowers, Sonoma Coast 2016 Gran Moraine, Yamhill-Carlton, Oregon 2014 Hanzell, Sonoma Valley 2014 Hartford Court, Seascape Vineyard, Sonoma Coast 2016 Kongsgaard, Napa Valley 2013 Kongsgaard, Napa Valley 2014 Kongsgaard, Napa Valley 2015 Little Boat, Mateo, Russian River Valley 2011 Pahlmeyer, Napa Valley 2011 Peter Michael, 'Belle Cote', Knights Valley 2011 Peter Michael, 'La Carriere', Kights Valley 2011 Peter Michael, 'Ma Belle-Fille', Knights Valley 2016 Petree Cellars, Russian River Valley 2015 Pisani, Estate, Santa Lucia Highlands 2014 Raen, Charles R~nch, Fort Ross-Seaview 2016 Ridge, Monte Belllo Estate Vineyard, Santa Cruz Mountains 2016 Roar, Sierra Mar Vineyard, Santa Lucia Highlands 2013 Rodde, Coombsville, Napa Valley 2013 Rombauer Vineyards, Cameras 2011 Seasmoke, Estate, Sta. Rita Hills 2016 Tyler, Sanford & Benedict Vineyard, Sta. Rita Hills 2016 Varner, El Camino Central Coast 2015 Walt, Sonoma Coast 2011 Wayfarer, Wayfarer Vineyard, Fort Ross-Seaview, Sonoma County 85.00 105.00 85.00 65.00 90.00 140.00 90.00 75.00 85.00 115.00 135.00 140.00 145.00 75.00 130.00 195.00 140.00 175.00 75.00 115.00 110.00 95.00 85.00 90.00 85.00 150.00 80.00 75.00 75.00 125.00 Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) White Burgundy Bourgogne, Domaine Leflaive 2013 Batard-Montrachet, Domaine Michel Caillot, Grand Cru 2010 Batard-Montrachet, Domaine Blain-Gagnard, Grand Cru 2011 Batard-Montrachet, Domaine Michel Niellon, Grand Cru 2011 Chassagne-Montrachet, Louis Latour, La Grande Montagne 2010 Chassagne-Montrachet, Clos Saint-Jean, Michel Niellon, 1er Cru 2012 Chassagne-Montrachet, Clos Saint-Jean, Michel Niellon, 1er Cru 2013 Chassagne-Montrachet, La Maltroie, Philippe Colin, 1er Cru 2011 Chassagne-Montrachet, Les Vergers, Philippe Colin, 1er Cru 2014 Chas sag ne-Montrachet, Jean-Claude Ramon et, Les Caillerets 1 er Cru 2015 Chevaler-Montrachet, Les Demoiselles, Louis Jadot, Grand Cru 2012 Chevalier-Montrachet, Philippe Colin, Grand Cru 2014 Chevalier-Montrachet, Michel Niellon, Grand Cru 2012 Chevalier-Montrachet, Philippe Colin, Grand Cru 2012 Clos du Chateau, Chateau de Meursault, Monopole 2015 Meursault, Chanson 2011 Meursault, Louis Latour, 1er Cru 2013 Meursault-Perrieres, Pierre Matrot, 1er Cru 2011 Meursault-Charmes, Louis Latour, 1er Cru 2011 Montrachet,J. Drouhin, Marquis de Laguiche, Grand Cru 2009 Montrachet, Louis Latour, Grand Cru 2010 Montrachet, Louis Jadot, Grand Cru, 2012 Montrachet, Morey Blanc, Grand Cru 2004 Pernard-Vergelesses, Chanson, Les Cardeaux, 1 er Cru 2012 Puligny-Montrachet, Les Chalumeaux, Pierre Matrot, 1er Cru 2010 Saint-Veran, Domaine Du Chalet Pou illy 2011 120.00 495.00 395.00 425.00 145.00 155.00 170.00 140.00 165.00 185.00 525.00 495.00 490.00 550.00 125.00 125.00 120.00 175.00 105.00 850.00 570.00 850.00 800.00 155.00 135.00 65.00 Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Pinot Noir Champ De Reves, Anderson Valley 2014 Domaine Anderson, Anderson Valley 2012 Magnum Dumol, Ryan, Widdoes Vineyard, Russian River Valley 2016 Flaneur, X-Novo Vineyard, Willamette Valley 2016 Hartford Court, Arrendell Vineyard, Russian River Valley 2016 Hartford Court, Seascape Vineyard, Sonoma Coast 2016 Hyde and Sons, Larry Hyde and Sons Vineyard, Cameras 2014 Kistler, Russian River Valley 2011 Nicolas Jay, Willamettw Valley 2016 Peter Michael, 1 Le Caprice', Fort Ross-Seaview, Sonoma County 2011 Peter Michael, 1 Ma Danseuse', Fort Ross-Seaview, Sonoma County 2016 Raen, Royal St. Robert, Sonoma Coast 2016 Raen, Seaview, Fort Ross 2016 Wayfarer, The Traveler, Fort Ross-Seaview, Sonoma County 2014 Wayfarer, Mother Rock, Fort Ross-Seaview, Sonoma County 2014 Syrah & Rhone Varietal Blends Dumol, Wild Mountainside, Russian River Valley 2016 LaBarge, Sta. Rita Hills 2012 Leverage, Acceleration, Paso Robles 2016 Stolpman Vineyards, Estate, Ballard Canyon 2011 Zinfandel Hartford, Dina's Vineyard, Russian River Valley 2016 Seghesio, Old Vine, Sonoma County 2014 80.00 140.00 175.00 105.00 135.00 110.00 105.00 115.00 110.00 185.00 195.00 100.00 135.00 140.00 170.00 110.00 130.00 90.00 80.00 95.00 85.00 Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Red Burgundy Cotes de Beaune Corton-Bressandes, Demaine Tollot-Beaut, Grand Cru 2008 Corton Clos du Roi, Louis Latour, Grand Cru 2012 Pommard, Demaine de Courcel, Grand Clos Des Epenots, 1er Cru 2011 Pommard, Demaine de Courcel, Les Fremiers, 1er Cru 2011 Pommard, Demaine Faiveley, Les Rugiens, 1er Cru 2011 Santennay, Clos des Cornieres, Antoine Petitprez, Uliz 2015 Savigny-Lavieres, Demaine Tollot-Beaut, 1er Cru 2012 Cotes de Nuits Chambertin, Clos de Beze, Demaine Faiveley, Grand Cru 2011 Chambertin, Louis Latour, Cuvee Heritiers Latour 2009 Clos de Vougeot, Chateau de la Tour, Grand Cru 2009 Cote de Nuits-Villages, Demaine Daniel Rion & Fils, Mosaic 2016 Echezeaux, Demaine de la Romanee-Conti 201 o Gevrey-Chambertin, Sari Demaine Phillipe Charlopin LaJustice 2015 Grands Echezeaux, Demaine de la Romanee-Conti 2012 La Grande Rue, Domaine Francois Lamarche, Monopole, Grand Cru 2012 Marsannay, Demaine Collette, Les Champsalomon 2015 Mazoyeres-Chambertin, Demaine Perrot-Minot, Grand Cru 2012 Morey-Saint-Denis, Dujac Fils & Pere 2012 Nuits-Saint-Georges, Demaine Francois Confuron-Gindre 2015 Nu its-Saint-Georges, Aurelien Verdet, Les Damondes, 1er Cru 2011 Nuits-Saint-Georges, Clos des Forets Saint Georges, de Arlot, 1er Cru 200a Richebourg, Demaine de la Romanee-Conti 2012 Vosne-Romanee, Demaine de la Romanee-Conti 2006 Vosne-Romanee, Daniel Rion & Fils 2016 Vosne-Romanee, Roche De Bellene, Aux Malconsorts. 1er Cru 2009 Vosne-Romanee, Louis Latour 2013 175.00 180.00 155.00 135.00 165.00 95.00 105.00 340.00 205.00 310.00 85.00 1650.00 185.00 1900.00 500.00 80.00 650.00 150.00 115.00 175.00 165.00 2200.00 860.00 135.00 325.00 115.00 Planning Commission - August 8, 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 Anakota, Helena Montana Vineyard, Knights Valley 2013 Araujo Estate, Altagracia, Napa Valley 2014 Arcudi, Black Sears Vineyard, Howell Mountain 2012 Blan kiet, Pri nee of Hearts, Napa Valley 2011 Blankiet, Prince of Hearts, Napa Valley 2013 Bryant Family Vineyard, Napa Valley 2011 Bryant Family, DB4, Napa Valley 2011 Bryant Family, OB4, Napa Valley 2012 Bure Family, Thirteen Napa Valley 2012 Cade, Howell Mountain, Estate 2016 Cade, Howell Mountain, Reserve 2014 Cade, Howell Mountain, Reserve 2015 Caymus, Napa Valley 2011 Caymus, Special Selection, Napa Valley 2015 Continuum, Napa Valley 2011 Cru, by Vineyard 29, Napa Valley 2016 Daile Valle Vineyards, Collina, Napa Valley 2015 Daile Valle Vineyards, Maya, Napa Valley, 2014 Daile Valle Vineyards, Estate, Napa Valley 2014 Dominus, Napa Valley 2012 Dominus, Napa Valley 2014 Dominus, Napa Valley 2015 Dominus, Napa Valley 2016 Double Diamond by Schrader, Oakville 2016 Entre Nous, Napa Valley 2012 Futo, Oakville Red, Napa Valley 2011 Futo, OV/SL, Napa Valley 2012 Harlan, Estate, Napa Valley 2015 Herb Lamb Vineyard, Napa Valley 2014 Herb Lamb Vineyard, Napa Valley 2015 Herold, White Lable, Napa Valley 2012 195.00 185.00 210.00 210.00 140.00 145.00 900.00 270.00 325.00 195.00 165.00 295.00 315.00 170.00 275.00 225.00 95.00 165.00 650.00 345.00 450.00 455.00 575.00 575.00 135.00 235.00 375.00 225.00 1850.00 205.00 195.00 225.00 Planning Commission - August 8, 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 Kapcsandy, Estate Cuvee, State Lane Vineyard, Yountville 2014 Kapcsandy, Grand Vin, Yountville 2014 Kathryn Hall, Napa Valley 2015 Kelly Flemming, Napa Valley 2012 Knights Bridge, Beckstoffer To Kalan Vineyard, Napa Valle 2013 Luscher Ballard, Spring Mountain District 2012 M. Etain, Rutherford 2016 Odette, Estate, Stags Leap District, Napa Valley 2016 Opus One, Napa Valley 2015 Overture by Opus One, Napa Valley NV Pahlmeyer, Red Wine, Napa Valley 2014 Pahlmeyer, Red Wine, Napa Valley 2016 Peter Michael, 1Au Paradis' 2013 Peter Michael, 1L1 Esprit des Pavots' 2015 Peter Michael, 1 Les Pavots' 2013 Peter Michael, 1 Les Pavots' 2014 Peter Michael, 1Les Pavots' 2015 Peter Michael, 1 Les Pavots' 2016 Quintessa, Napa Valley 2014 Realm Cellars, Moonracer Estate, Stags Leap District 2016 Realm Cellars, The Bard, Napa Valley 2016 Riverain, Oakville 2015 Scarecrow, Rutherford 2016 Schrader, LPV, Beckstoffer, Las Piedras Vineyard, Napa Valley 2011 Sineann, Baby Poux Reserve, Columbia Valley 2014 Spottswoode, Estate, Saint Helena 2014 Ulysses, Napa Valley 2012 Verite, Le Desir, Sonoma County 2012 Ziata, Mia Madre, Red Wine, Napa Valley 2013 475.00 225.00 550.00 250.00 165.00 200.00 155.00 350.00 200.00 425.00 195.00 245.00 255.00 355.00 175.00 375.00 325.00 305.00 335.00 230.00 560.00 360.00 175.00 950.00 525.00 105.00 325.00 260.00 420.00 145.00 Planning Commission - August 8, 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 Famille Perrin, Chateau de Beaucastel, Chateauneuf Du Pape 2016 E. Guigal, Cotes Du Rhone 2013 Jocelyne & Yves Lafoy, Prelude, Cote-Rotie 2015 Other French Red Vin de Savoie, Ascendance, Mondeuse, Antoine Petitprez, Uliz 2012 Italy lsole e Olena, Chianti Classico2015 Le Serre Nuove Dell' Ornellaia, Bolgheri 2016 Le Volte Dell' Ornellaia, Toscana 2011 Masseto, Toscana 2014 Marchesi Antinori, Tiganello, Toscana 2015 Ornellaia, La Tensione, Bolgheri Superiore 2016 Dessert & Aperitif Wine France -Sauternes Chateau d 1Yquem 2003, 112 bottle Chateau La Tour Blanche, 1er Cru 2003 112 bottle Chateau Rieussec, Grand Cru 2006 Castelneau de Suduiraut 2001, 1/2 bottle Portugal Taylor Fladgate, Vintage Porto 1977 135.00 140.00 45.00 110.00 80.00 85.00 115.00 90.00 995.00 245.00 295.00 325.00 65.00 125.00 50.00 275.00 Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Bordeaux Chateau Certan De May de Certan, Pomerol 201 o Chateau Chantelune, Margaux 2014 Chateau Gruaud Larose, Saint-Julien, Grand Cru 2000 Chateau Haut Gay, Bordeaux Superieur 2014 Chateau Hosanna, Pomerol 2006 Chateau Hosanna, Pomerol 2008 Chateau Hosanna, Pomerol 2010 Chateau Lafleur Gazin, Pomerol 2010 Chateau Lafite Rothschild, Pauillac 2005 Chateau Les Troix Crois, Fronsac 2014 Chateau Magdelain, Saint-Emilion, Grand Cru 2010 Chateau Montrose, Saint-Estephe 2008 Chateau Pavie, Saint Emilion, Grand Cru 2006 Chateau Pontet-Canet, Pauillac, Grand Cru 2014 Chateau Pontet-Canet, Pauillac, Grand Cru 2015 Chateau Pichon-Longueville, au Baron de Pichon-Longueville, Pau illac 1997 Chateau Pichon-Longueville, au Baron de Pichon-Longueville, Pauillac 2008 Chateau Rauzan-Segla, Margaux, Grand Cru 1988 Chateau Troplong Mondot, Saint-Emilion, Grand Cru 2009 Chateau Trotanoy, Pomerol 2005 Cos d 1 Estournel, Saint Estephe 2008 Lassegue, Saint-Emilion, Grand Cru 2011 Lassegue, Saint-Emilion, Grand Cru 2015 Le Petit Cheval, Saint-Emilion, Grand Cru 2008 Leoville de Las Cases, Saint-Julien 2003 Vieux Chateau Certan, Pomerol 2008 275.00 95.00 265.00 65.00 230.00 195.00 320.00 165.00 2100.00 90.00 255.00 265.00 450.00 185.00 215.00 210.00 260.00 160.00 415.00 525.00 265.00 175.00 155.00 260.00 345.00 180.00 Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) Christine Overstreet Name Has Attended and Completed the Department of Alcoholic Beverage Control's . i ti I I r Alcohol Seller/Server Training Program SALADEN DANA October 25, 2016 Trainer Date of Training Planning Commission - August 8, 2019 Item No. 3b Additional Materials Received At Meeting The Dock Conditional Use Permit (PA2019-075) The Dock Conditional Use Permit 2816 Lafayette Avenue 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) Introduction Upgrade ABC license from beer and wine only to include distilled spirits at The Dock restaurant Conditional Use Permit Continuance of parking reductions Mixed Use Area Cannery Village 2816 Lafayette Avenue Community Development Department -Planning Division 2 Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Vicinity Map Community Development Department -Planning Division 3 Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Site Photos The Dock Community Development Department -Planning Division 4 Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Background 1971 –Ta ke -out restaurant with apartment above 1996 –Beer and wine service, restaurant expansion 2005 –Restaurant expansion and parking waiver Community Development Department -Planning Division 5 Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Project Details 1,060 square feet net public area; 597 square feet dining area; 47 seats 6:00 a.m. –11:00 p.m., daily No live entertainment/dancing No onsite parking Community Development Department -Planning Division 6 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 7 Floor Plan 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 8 Nearby Parking Approx. 360 feet 2 minutes Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Site Photos Municipal Parking Facility Community Development Department -Planning Division 9 Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Recommended Action 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) For more information Contact Questions?Chelsea Crager 949-644-3227 ccrager@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 11 Planning Commission - August 8, 2019 Item No. 3c Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075) Planning Commission - August 8, 2019 Item No. 3d Additional Materials Presented At Meeting The Dock Conditional Use Permit (PA2019-075)