HomeMy WebLinkAbout3.0_The House Annual Review of Use Permit_PA2011-005CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 3, 2023
Agenda Item No. 3
SUBJECT: The House Annual Review of Use Permit (PA2011-005)
▪Review of Use Permit No. UP2011-001
SITE LOCATION: 2601 West Coast Highway
OPERATOR: The House
OWNER: Pizza Nova PCH LLC
PLANNER: David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
An annual review of Conditional Use Permit No. UP2011-001, originally approved by the
Planning Commission on June 9, 2011. UP2011-001 authorized a restaurant with late
hours, live entertainment, alcohol sales, outdoor dining, a parking management plan, and
adjustment to off-street parking requirements.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this review exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15321
under Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA
Guidelines, because it has no potential to have a significant effect on the
environment;
3)Review the current operation, The House, for its compliance with UP2011-001;
4)Find the operator’s use of a floating outdoor dining vessel to be in violation of
UP2011-001
5)Direct the operator immediately cease and desist use of the floating outdoor patio
vessel, and remove it within 30 days or file the necessary application to amend the
use permit within 30 days requesting retention of the vessel; and
6)Direct staff to remove Condition No. 2 from Planning Commission Resolution No.
1844 related to annual reviews of the Use Permit No 2011-001 and perform reviews
on an as-needed basis.
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE MU-W1 (Mixed-Use
Water 1)
MU-W1 (Mixed-Use
Water) The House Restaurant
NORTH MU-H1 (Mixed-Use
Horizontal 1)
MU-MM (Mixed-Use
Mariners’ Mile) Multi-tenant Commercial
SOUTH N/A N/A Newport Bay
EAST MU-W1 MU-W1 Private Marina
WEST MU-W1 MU-W1 GuacAmigos Restaurant
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INTRODUCTION
Project Setting and Background
The subject property is located on the south side of West Coast Highway within Mariners’
Mile. The property is approximately 12,000 square feet in area (50 feet wide by 240 feet
deep). The lot is developed with a 3,987-square-foot single-story restaurant building, a
surface parking lot with 12 parking spaces, and a boat slip that can accommodate several
boats depending on size.
A restaurant use was originally established in 1968, prior to the requirement of a use
permit for eating and drinking establishments. UP2011-001, which is the subject of the
annual review, was approved on June 9, 2011, and authorized the Dry Dock restaurant,
which included late hours until 2 a.m., live entertainment on Saturdays and Sundays from
2 p.m. to 7 p.m., and a Type 47 (On-Sale General – Eating Place) Alcoholic Beverage
Control (ABC) License. The approval also included a parking management plan to
address off-site parking, valet, and an adjustment to off-street parking requirements.
Subsequent to the approval of UP2011-001, multiple operators have operated an eating
and drinking establishment at the property pursuant to the approved use permit, including
DivBar (2011), Pizza Nova (2014), and Mama’s (2019). The current operator, The House,
has been in operation since 2021 and is subject to the approved conditions of approval
of UP2011-001 (Attachment No. PC 1).
A condition of approval was included which required the UP2011-001 to be reviewed by
the Planning Commission at a noticed public hearing within one year of the restaurant
being in operation and annually thereafter. Since the original approval, staff has not
brought the permit back for annual review to the Planning Commission since there has
no notable issues or complaints regarding previous operators. However, due to the recent
change in operators and alleged violations of specific conditions of approval, staff is
requesting that the Planning Commission review the use permit.
The House – Summary of Operations
The House operates pursuant UP2011-001 and is subject to all conditions of approval.
Table 1, below, highlights the major allowed operational characteristics by UP2011-001
and demonstrates how The House complies.
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Table 1: Operational Characteristics
Approved by UP2011-001 Current Operation
Hours of Operation* 11 a.m. to 11 p.m., Mon. – Fri.
9 a.m. to 11 p.m., Sat. – Sun.
Closed Mon. & Tues.
Noon to 11 p.m., Wed. – Fri.
11 a.m. to 11 p.m., Sat. – Sun.
Net Public Area 1,719 sq. ft. (max) 1,364 sq. ft.
Outdoor Dining Area 429 sq. ft. (max) 380 sq. ft.*
Parking 12 on-site
20 off-site
12 on-site
32 off-site
Alcohol License Type 47 (On-Sale, General) Type 47
* Does not include floating outdoor patio vessel, which is approximately 900 sq. ft.
The property includes 12 on-site parking spaces, and 32 off-site spaces, 28 which are
located at 2615 West Coast Highway and four of which are located next door at 2457
West Coast Highway. The current existing outdoor dining area cited in Table 1 only
considers the front entry patio, and does not include an unauthorized floating outdoor
patio vessel located in the boat slip, which is discussed in detail below. Outside of the
violation for the vessel, the operating characteristics of The House is in compliance with
UP2011-001.
Floating Outdoor Patio Vessel
In December of 2022, it was brought to Planning staff’s attention that The House had
been operating with an additional dining patio on a floating vessel docked in the boat slip
adjacent to the restaurant (see Figure 1, below). The vessel is approximately 30 feet wide
by 30 feet deep (900 square feet). Based on the advertisements found on The House’s
website, among other publications, the vessel was being treated as a part of the
restaurant’s layout and included food and drink service with live entertainment. Staff sent
correspondence to The House, dated December 21, 2022, regarding the violation
(Attachment No. PC 2).
There are two active Code Enforcement cases related to the floating outdoor dining
vessel. In September of 2022, Code Enforcement received a complaint regarding ADA
accessibility for the dock ramp to the vessel. The case is currently open and would be
resolved if the vessel is removed. If the vessel is eventually permitted to remain, ADA
accessibility would need to be provided. Additionally, in November of 2022, the Harbor
Department enforcement staff received a noise complaint from the vessel. Finally, the
Newport Beach Police Department responded to one call on July 19, 2023, for a
disturbance alleged to be an intoxicated individual. On December 23, 2022, the
Department of Alcoholic Beverage Control (ABC) sent the operator a Notice of Violation
regarding the consumption of alcohol on vessel, which is considered an unlicensed patio
(Attachment No. PC 5).
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Figure 1: Floating Outdoor Patio Vessel (Image Source: The House website)
Since City Staff provided the initial notice of this proceeding, the Operator has indicated
they no longer intend to utilize the vessel as an outdoor dining patio as an extension of
the restaurant. Rather, the vessel owner, who is the operator of the restaurant, intends to
invite guests to utilize the vessel as if it was a more traditional vessel. However, as further
discussed below, the presence of the vessel within the boat dock violates multiple
conditions of approval of UP2011-001, with Condition No. 65 as the most notable.
The use of the floating outdoor patio vessel violates the following conditions of the
UP2011-001:
Condition 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;
Condition 7: The outdoor dining area shall be limited to 429 square feet or 25 percent of
the interior net public area, whichever is less;
Condition 9: There shall be no live entertainment allowed on the premises without first
obtaining a live entertainment permit from the City;
Condition 10: Live entertainment shall be confined to the interior of the structure;
Condition 12: There shall be no dancing allowed on the premises or Café Dance permit
issued without an amendment to this Conditional Use Permit; and
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Condition 35: No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
Condition 65: The boat slips shall be available at all times for exclusive use by the patrons
of the establishment. The owner and operator shall be prohibited from renting or leasing the
boat slips.
The entire list of conditions of approval has been included in Attachment No. PC 1. The
floating outdoor dining vessel is not in substantial conformance with the site plan which
was originally approved by the Planning Commission, or the permitted tenant
improvement plans for The House issued in August of 2021, both of which did not include
a patio on the dock. The outdoor dining vessel, which serves as additional patio space
for the restaurant, creates an overall outdoor dining area which exceeds the maximum of
429 square feet of allowed outdoor dining. Live entertainment, dancing, and alcohol
service outside of the property are all also prohibited.
Finally, the most notable condition that is in violation is Condition No. 65, which states
that the boat slips are to be available at all times for exclusive use by the patrons of the
establishment. This was a condition of approval which was added by the Planning
Commission during the original hearing to encourage alternative transportation to the site
by boat thereby reducing automobile demand. Since the site does not include enough on-
site parking spaces to meet the demand, the establishment is conditioned to lease spaces
from other nearby properties as well. A part of the Planning Commission’s intent to aid
the parking supply was to account for the accessibility of the entire dock for boat parking.
Fact A-1 of the approved resolution states that the dock would have “space for
approximately ten (10) boats, available for patrons who choose to take a boat to the
restaurant.” Additionally, Fact B-3 states that “the applicant is making the dock slips
available for patron use, increase the accessibility to the use.” Staff believes that the use
of the dock slips for a floating outdoor dining vessel is not consistent with the content of
the approved use permit.
The applicant has the following two options to consider:
1.Remove the floating outdoor dining vessel and resume operations in compliance
with UP2011-001. Failure to remove the vessel in a reasonable time will result in
continued Code Enforcement action and potential modification or revocation of use
permit at a future noticed public hearing.
2.Submit an application to the Planning Division to amend the existing conditional
use permit to allow for the vessel including the increased parking demand for it, as
well as a coastal development permit which must be approved by the California
Coastal Commission, since the floating patio vessel is located within their
permitting jurisdiction. Staff would process this application and return to the
Planning Commission at a future noticed public hearing.
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Removal of Condition No. 2
As a part of this review, staff is requesting that the Planning Commission direct staff to
remove Condition of Approval No. 2 from the approved resolution, which states:
The Conditional Use Permit shall be reviewed by the Planning Commission at a noticed
public hearing within one (1) year of the restaurant being in operation and annually
thereafter. The applicant, or operator, shall provide the off-site parking agreement for the
next year(s) for the Planning Commission’s review at this hearing.
Staff believes that an annual review of the establishment moving forward is unnecessary
when the restaurant is operating in compliance with the conditions of approval.
Furthermore, the City has adequate enforcement resources between Code Enforcement
and Harbor Enforcement to properly monitor the operation and the City retains the ability
to refer the use permit to the Planning Commission for review on an as-needed basis
pursuant to Newport Beach Municipal Code Section 20.68.050 (Legal Remedies).
Through that process, the City could modify or revoke the use permit if warranted.
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15321 under Class 21
(Enforcement Actions by Regulatory Agencies) 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.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners and occupants
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:
______________________
David Lee, Senior Planner
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ATTACHMENTS
PC 1 Use Permit No. UP2011-001
PC 2 Correspondence from December 21, 2022
PC 3 Approved Plans from UP2011-001
PC 4 Approved Tenant Improvement Plans for The House from 2021
PC 5 Notice of Violation from Department of Alcoholic Beverage Control
01/18/23
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Attachment No. PC 1
Use Permit No. UP2011-001
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RESOLUTION NO. 1844
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2011 -001 FOR A FOOD SERVICE
RESTAURANT WITH LATE HOURS, LIVE ENTERTAINMENT,
ALCOHOL SALES, OUTDOOR DINING, AND DELIVERIES; AND
A PARKING MANAGEMENT PLAN TO ADDRESS OFF -SITE
PARKING, VALET, AND AN ADJUSTMENT TO THE OFF -
STREET PARKING REQUIREMENTS FOR PROPERTY
LOCATED AT 2601 WEST COAST HIGHWAY (PA2011 -005)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by G.E.P. Enterprise Group, with respect to property located at
2601 West Coast Highway, and legally described as the northwesterly 50 feet of the
southeasterly 1300 feet of Lot H of Tract 919 requesting approval of a Conditional Use
Permit.
2. The applicant proposes a food service restaurant with late hours, live entertainment,
alcohol sales, outdoor dining, and delivery. The applicant also proposes a parking
management plan to address off -site parking, valet, and an adjustment to the off - street
parking requirements.
3. The subject property is located within the Mixed Use Water Related (MU -W1) Zoning
District and the General Plan Land Use Element category is Mixed Use Water Related
MU -W1).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed Use Water Related (MU -W).
5. A public hearing was held on June 9, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. Class 1 exempts minor alterations to existing facilities. The proposed project consists
of interior alterations and minor changes in operational characteristics from previous
restaurant operations at this site.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Sections 20.52.020, 20.48.030, and 20.40.100 of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The us e is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
A -1. The subject property is designated as Mixed -Use Water Related (MU -W1) by the Land
Use Element of the General Plan, which is applied to waterfront locations along
Mariners' Mile Corridor in which marine - related, visitor - serving, commercial, and
residential uses are allowed. The proposed project is consistent with this designation
as eating and drinking establishments are visitor - serving and commercial uses. The
proposed project will also have space for approximately ten (10) boats, available for
patrons who choose to take a boat to the restaurant. Furthermore, Land Use Policy
LU 6.19.2 (Bay Fronting Properties) encourages marine - related and visitor - serving
retail, restaurant, hotel, institutional, and recreational uses, with some allowance for
residential uses.
A -2. The subject property is not located in a specific plan area.
Finding:
B. 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:
B -1. The subject property is located within the Mixed Use Water Related (MU -W1) Zoning
District, which applies to waterfront properties along the Mariners' Mile Corridor in
which nonresidential uses and residential dwelling units may be intermixed. Eating
and drinking establishments designated as "Food Service, Late Hours" are allowed
with approval of a conditional use permit. Facilities open to the public past 11:00 p.m.
any day of the week are considered establishments with late hours. The proposed
project is consistent with this designation.
B -2. As conditioned, the proposed project complies with Section 20.48.090 (Eating and
Drinking Establishments) in regards to the operating standards.
B -3. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria
to determine the parking requirement for food uses from one (1) parking space for
every 30 -50 square feet of net public area. Based on the physical design
characteristics, operational characteristics, and location of the establishment, a
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parking requirement of one (1) space for every 40 square feet of net public area is
sufficient. The applicant is making the dock slips available for patron use, increasing
the accessibility to the use. The outdoor dining is limited to less than 25 percent of the
interior net public area. The amount of floor area devoted to live entertainment is
relatively small, and no dancing is proposed. The applicant proposes to provide high
end barbeque that will likely lead to a low turnover rate. There are other nearby uses
that will lead to some walk -in trade. Off -site parking and valet are addressed in the
Parking Management Plan.
B -4. Pursuant to Section 20.40.110 (Adjustments to the Off - Street Parking Requirements),
the Parking Management Plan will be implemented to mitigate impacts associated with
a reduction in the number of required parking spaces. The Parking Management Plan
and valet plan will result in a highly efficient use of the parking spaces available to the
restaurant patrons. The parking survey conducted by staff demonstrated that the off-
site lot on average contained 40 vehicles out of 122 available spaces (33 percent
occupied). The parking survey conducted by staff also demonstrated that the 91
nearby public parking spaces were on average 53 percent occupied. The 2009 parking
study by Walker Parking Consultants concluded that overall the Mariners' Mile area
does not have a parking shortage. Therefore, the off -site parking agreement will not
impact the use of the parking lot by the employees and patrons of 2700 West Coast
Highway.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
C -1. The proposed project is located within a nonresidential zoning district. The parking lot
and primary openings to the restaurant are oriented towards West Coast Highway.
The outdoor dining area faces the parking lot. The operational characteristics are that
of a restaurant, and the establishment will not be used exclusively as a bar or
nightclub, as defined by the Zoning Code.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding:
D -1. The lot is approximately 50 feet wide by 240 feet deep (11,949 square feet in area
including partially submerged land), and is developed with a 3,987- square -foot single -
story commercial building, a surface parking lot with twelve (12) parking spaces, and a
boat slip. The existing building and parking lot have functioned satisfactorily in the
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past with the current configuration. The proposed project includes interior alterations
and an outdoor patio, which will not negatively affect emergency access. The lot is an
interior lot and has multiple doors and windows for ingress and egress. The building is
located six feet from the easterly property line, so there is sufficient room for
emergency access.
Finding:
E. Operatio n of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
E -1. The use is compatible with the neighborhood because the Mariners' Mile area is an
established commercial area with several similar uses nearby. The existing site is
located on a major road and has been utilized for restaurant uses since 1968.
E -2. The project has been reviewed and conditioned to ensure that potential conflicts with
surrounding land uses are minimized to the extent possible to maintain a healthy
environment for residents and businesses.
E -3. The closest residential district is 500 feet away and the closest residential district
across Lido Channel is 800 feet away from the subject property.
E -4. Adequate parking is maintained and will be provided by valet service in conformance
with the Parking Management Plan.
E -5. Potential noise impacts will be diminished because live entertainment is not proposed
during late hours or on weekdays.
E -6. The Police Department indicates it has no objections to the applicant's request. To
ensure the proposed use does not create a detrimental impact during late hours, the
applicant (and any future operators of the existing eating and drinking establishment)
will be required to obtain an Operator License issued by the Chief of Police pursuant to
Chapter 5.25 of the Municipal Code.
E -7. The proposed outdoor dining will be located outside of the front entrance facing the
parking lot and will be open no later than midnight, daily.
E -8. The property has been vacant for several years and re- establishing a restaurant use
will help to revitalize the Mariners' Mile area.
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Finding:
F. The proposed use is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding:
F -1. The project has been reviewed and conditioned to ensure that the purpose and intent
of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a
healthy environment for residents and businesses is preserved. The service of
alcoholic beverages is intended for the convenience of customers of the restaurant.
Operational conditions of approval recommended by the Police Department relative to
the sale of alcoholic beverages will ensure compatibility with the surrounding uses and
minimize alcohol - related impacts.
F -2. Pursuant to Chapter 5.25 of the Municipal Code, the project has been conditioned to
require that the applicant, as well as any future operators of the eating and drinking
establishment, obtain an Operator License to ensure the establishment is operated in
a safe manner.
F -3. The subject property is located within a mixed use district developed primarily with
commercial uses. Across the Lido Channel, the closest residential district is
approximately 800 feet away. To the north, the closest residential district is almost
500 feet away. The nearest park is located on Cliff Drive above West Coast Highway
and is over 500 feet from the subject property. There are no day care centers,
recreation facilities, places of religious assembly, or schools in close proximity to the
subject property.
Finding:
G. The parking facility is located within a convenient distance to the use it is intended to
serve.
Facts in Support of Finding:
G -1. The off -site parking lot is less than 500 feet away from the subject property.
G -2. Valet service will be available on -site allowing customers to drop off their cars at the
restaurant site.
Finding:
H. On- street parking is not being counted towards meeting parking requirements.
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Facts in Support of Finding:
H -1. The required amount of parking is 43 spaces. The project provides 12 on -site spaces
and 20 off -site spaces; therefore, a parking requirement adjustment of eleven (11)
parking spaces is required.
H -2. Ninety -one (91) public parking spaces (on street, municipal lot) are located within a
short walking distance to the subject property; however, those spaces are not being
counted towards meeting the parking requirement.
Finding:
1. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1 -1. Employees and patrons parking in the off -site parking lot can walk down Tustin
Avenue and cross at the cross walk, so there will not be any undue traffic hazards
from pedestrians.
1 -2. Valet service will be available so customers can drop off their cars at the restaurant
site. The valet plan will be reviewed and approved by the City Traffic Engineer.
1 -3. The Parking Management Plan will address the use of the off -site parking lot and valet
operations.
Finding:
J. The parking facility will be permanently available, marked, and maintained for the use it is
intended to serve.
Facts in Support of Finding:
J -1. The applicant will secure a lease for 20 parking spaces within the lot located at 2615
Avon Street. If those parking spaces become unavailable in the future, the applicant
will notify the Community Development Director who will establish a reasonable time
for substitute parking to be provided or the net public area of the restaurant to be
decreased.
J -2. The off -site parking spaces will be clearly marked for use by employees and
customers of 2601 West Coast Highway.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2011 -001, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 9" DAY OF JUNE, 2011.
AYES: Ameri, Eaton, Toerge, and McDaniel
NOES: Unsworth
ABSTAIN: None.
ABSENT: Hawkins and Hillgren
I. _, G i: I.
Daniel, Chairman
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EXHIBIT "A"
CONDITIONS OF APPROVAL
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 Conditional Use Permit shall be reviewed by the Planning Commission at a noticed
public hearing within one (1) year of the restaurant being in operation and annually
thereafter. The applicant, or operator, shall provide the off -site parking agreement for the
next year(s) for the Planning Commission's review at this hearing.
3. The hours of operation shall be limited to between 11:00 a.m. and 11:00 p.m., Monday
through Friday and between 9:00 a.m. and 11:00 p.m. Saturday and Sunday, unless the
operator of the establishment secures and maintains an Operator License pursuant to
Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to
operate beyond the hours of 2:00 a.m.
4. The outdoor dining patio shall be closed no later than 11:00 p.m., daily, unless the
operator of the establishment secures and maintains an Operator License pursuant to
Chapter 5.25 of the Municipal Code. In no case shall the outdoor dining patio be
permitted to operate beyond the hours of 1:30 a.m.
5. The Operator License required to be obtained pursuant to Condition No. 3 and
Chapter 5.25 of the Municipal Code may be subject to additional and /or more
restrictive conditions to regulate and control potential late -hour nuisances associated
with the operation of the establishment.
6. All windows shall remain closed at all times after 11:00 p.m., daily.
7. The outdoor dining area shall be limited to 429 square feet or 25 percent of the interior
net public area, whichever is less.
8. Live entertainment is limited to Saturdays and Sundays from 2:00 p.m. to 7:00 p.m.
9. There shall be no live entertainment allowed on the premises without first obtaining a
live entertainment permit from the City.
10. Noise from the live entertainment shall be confined to the interior of the structure.
11. The applicant shall provide licensed security personnel (a minimum of one (1) per 50
patrons) while offering live entertainment. A comprehensive security plan for the
permitted use shall be submitted for review and approval by the Police Department.
Should security personnel not be deemed necessary by the Chief of Police, the
requirement for security personnel may be reduced or waived.
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12. There shall be no dancing allowed on the premises or Cafe Dance permit issued
without an amendment to this Conditional Use Permit,
13. Conformance with the Parking Management Plan shall be required at all times.
14. A parking agreement, which guarantees the long term availability of the off -site parking
facility for the use located at 2601 West Coast Highway, shall be recorded with the
County Recorder's Office. The agreement shall be recorded at 2615 Avon Street,
which provides parking for 2700 West Coast Highway. The agreement shall be in a
form approved by the City Attorney and Community Development Director.
15. All parking in conjunction with this use shall be confined to the parking lots over which
the applicant, owner, or operator has written rights to park. If, in the opinion of the
Community Development Director or City Traffic Engineer, the proposed use creates
parking congestion at the site, the applicant shall immediately resolve the congestion
problem by increasing valet attendants or through other means until the parking
congestion is eliminated and parking is properly managed. Adequate valet personnel
shall be provided to eliminate queuing onto West Coast Highway. The Community
Development Director or City Traffic Engineer has the discretion to require the
preparation and implementation of a revised Parking Management Plan.
16. The parking lot layout including any future changes shall be subject to the review and
approval of the City Traffic Engineer.
17. The valet plan shall be reviewed and approved by the City Traffic Engineer.
18. The applicant shall fully cooperate with the City, Caltrans, and adjacent property owner
to the east with regards to any future construction of the fourth leg of the signalized
West Coast Highway/Tustin Avenue intersection. The fourth leg of the intersection is a
vital component to improve the valet operation by providing a signalized approach to
the driveway. Should this signal improvement not be planned and /or constructed, the
City Traffic Engineer shall require, and the applicant is responsible for the
implementation of other corrective measures deemed necessary in order to ensure
adequate and safe vehicular access and valet parking operations. The current
configuration only permits right turn in and right turn out from the existing driveway.
19. All delivery trucks shall be required to service the restaurant from on -site and shall be
prohibited from loading /unloading on West Coast Highway. Deliveries shall be
scheduled outside of the peak operating hours of the restaurant so that access to the
side will not be blocked.
20. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director.
21. The property owner shall provide a 10 -foot wide irrevocable pedestrian easement
along the bay front on the inland side of the existing bulkhead.
Tmplt: 04/14/10
21
Planning Commission Resolution No. 1844
Page 10 of 13
22. Delivery vehicles for food delivery service offered as part of the restaurant operation
shall not park in the public right -of -way when not in use. The food delivery service
loading and unloading shall occur on -site. The food delivery service shall be
prohibited from loading and unloading within the West Coast Highway right -of -way.
23. No recreational vehicles, boats, or similar vehicles shall be stored at any time at the
subject site.
24. Prior to issuance of a building permit, approval from the County of Orange Health
Department is required.
25. A grease interceptor shall be installed, subject to review by the Utilities Division and
Building Division.
26. Disabled access shall be provided to dining areas or equivalent seating areas and
disabled seating shall be provided at the bar.
27. Access compliance and sufficient number of bathroom fixtures shall be provided for
the bathrooms.
28. Replacement of 4TT box and lid on the existing clean -out shall be required.
29. Backflow devices may be required, depending on the final design of the project,
subject to review by the Utilities Division.
30. Replacement of the sewer lateral may be required, subject to review by the Utilities
Division.
31. A kitchen fire suppression system may be required for the hood, subject to review by
the Fire Department.
32. All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
serving and selling alcoholic beverages.
33. Approval of this Conditional Use Permit does not permit Dry Dock to operate as a bar,
tavern, cocktail lounge, or nightclub, as defined by the Municipal Code, unless a new
or amended Conditional Use Permit is first approved by the Planning Commission.
34. Full menu service shall be available for ordering at all times that the restaurant
establishment is open for business.
35. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
Tmplt: 04/14/10
22
Planning Commission Resolution No. 1844
Page 11 of 13
36. Food from the full service menu must be made available during any "happy hour" type
of reduced price alcoholic beverage promotion. There shall be no reduced price
alcoholic beverage promotion after 9 p.m.
37. "VIP" passes or other passes to enter the establishment, as well as door charges,
cover charges, or any other form of admission charge, including minimum drink order
or sale of drinks, is prohibited.
38. The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas is prohibited.
39. The operator shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or he
sale of drinks.
40. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Police Department on demand.
41. There shall be no on -site radio, television, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event
Permit issued by the City.
42. Strict adherence to the maximum occupancy limits is required.
43. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
44. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 of the Newport Beach
Municipal Code.
45. There shall be no exterior advertising or signs of any type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverage. Interior displays of alcoholic beverages or signs, which are clearly visible to
the exterior, shall constitute a violation of this condition.
46. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
47. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
Tmplt: 04114/10
23
Planning Commission Resolution No. 1844
Page 12 of 13
48. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
49. This Conditional Use Permit may be modified or revoked by the City Council or
Planning Commission should they determine that the proposed uses or conditions
under which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
50. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
51. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
52. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting).
53. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code.
54. No outside paging system shall be utilized in conjunction with this establishment.
55. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
56. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
57. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
58. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. Cleaning and maintenance of trash dumpsters shall be done in
compliance with the provisions of Title 14, including all future amendments (including
Water Quality related requirements).
Tmpit: 04/14/10
24
Planning Commission Resolution No. 1844
Paqe 13 of 13
59. 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.
60. A Special Event 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, or involve the sale of alcoholic beverages, or include any form of
on -site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
61. 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.
62. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
63. Conditional Use Permit No. 2011 -001 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
64. 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 Dry Dock Restaurant including, but not limited to,
the Conditional Use Permit No. UP2011 -001. This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
65. The boat slips shall be available at all times for exclusive use by the patrons of the
establishment. The owner and operator shall be prohibited from renting or leasing the
boat slips.
66. All employees shall obtain annual or master parking permits and shall park at the
Mariners' Mile lot on Avon Street.
Tmplt: 04114/10
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Attachment No. PC 2
Correspondence from December 21, 2022
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Community Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
December 21, 2022
The House Restaurant
Attn: Keith Jarrett
2601 West Coast Highway
Newport Beach CA 92663
RE: The House Outdoor Dining Vessel
Mr. Jarrett:
It has been brought to the City’s attention that The House Restaurant has been operating with an additional
dining patio on a floating vessel docked on the boat slip adjacent to the restaurant. Based on the
advertisements from the restaurant’s website, the vessel is being treated as part of the restaurant’s layout
and includes food and drink service with live entertainment (DJ) (Attachment 1).
Per our email correspondence from December 6, 2022 (Attachment 2), you have agreed to no longer serve
food and beverages on the vessel. Additionally, The House is required to remove all tables, chairs, and
heat lamps from the vessel unless it is being used for a private cruise. Since The House requires patrons
to be paying members, the use of the vessel for cruises with patrons is prohibited unless a Marine Activity
Permit is granted by the City’s Harbor Department. After the tables, chairs, and heat lamps are removed
from the vessel, please contact Matt Cosylion, Code Enforcement Supervisor of the Harbor Department, at
949-270-8164, mcosylion@newportbeachca.gov to resolve the ongoing enforcement case.
Finally, based on our email correspondence from August 10, 2021 (Attachment 3), The House agreed to
comply with Planning Commission Resolution No. 1844, which authorized the restaurant use at 2601 West
Coast Highway through a conditional use permit (CUP). The resolution, along with all conditions of approval,
has been attached. While all conditions of approval are applicable to the operation of The House, the
following list highlights some notable conditions of approval:
Condition 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;
Condition 4: The outdoor dining patio shall be closed no later than 11:00 p.m., daily, unless the operator
of the establishment secures and maintains an Operator License pursuant to Chapter 5.25 of the Municipal
Code. In no case shall the outdoor dining patio be permitted to operate beyond the hours of 1:30 a.m.;
Condition 7: The outdoor dining area shall be limited to 429 square feet or 25 percent of the interior net
public area, whichever is less;
29
Condition 9: There shall be no live entertainment allowed on the premises without first obtaining a live
entertainment permit from the City;
Condition 10: Live entertainment shall be confined to the interior of the structure;
Condition 12: There shall be no dancing allowed on the premises or Café Dance permit issued without an
amendment to this Conditional Use Permit; and
Condition 35: No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
The outdoor dining on the vessel does not comply with the listed conditions of approval above. The
approved site plan and floor plan (Attachment 4) shows that the patio approved by the Planning
Commission is in the front of the restaurant abutting the parking lot. As The House is operating under this
approved CUP, it must comply with the approved plans. The boat slip is clearly shown on the plans without
outdoor dining. In addition to the location of the outdoor dining area, there are size and operational
limitations that must be complied with. Finally, the California Department of Alcoholic Beverage Control
(ABC) has notified the City that the vessel is not a part of the licensed premises.
If you have any questions, please feel free to contact me.
Thank you,
_________________________
David Lee, Associate Planner
949-644-3225
dlee@newportbeachca.gov
Attachments:
1.The House Advertisements
2.Email Correspondence from December 6, 2022
3.Email Correspondence from August 10, 2021
4.Approved Plans from Use Permit
30
31
32
33
From: Keith Jarrett <membership@thehousenewportbeach.com>
Sent: December 06, 2022 4:02 PM
To: Lee, David
Subject: thehouse Newport Beach
Follow Up Flag: Follow up
Flag Status: Completed
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hi David,
Hope you are having a good week!
In our discussion, you asked if I could put it in writing that thehouse Newport Beach will not serve food
and beverage on the Leilani Rose.
Here it is in writing – thehouse Newport Beach will not serve food and beverage on the Leilani Rose.
Hopefully this solves the issue.
Please call me if you have any other ideas.
Thanks!
Keith
Keith Jarrett
Founding Member and Owner
(949) 689-5186
thehousenewportbeach.com
34
From: membership@thehousenewportbeach.com
Sent: Tuesday, August 10, 2021 5:17 PM
To: Lee, David
Cc: Sara Guggenheim Jarrett
Subject: thehouse Newport Beach - 2601 W. Coast Hwy
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hi David,
Thanks for the information you provided today… you’ve been a great help!
Per our conversation, we would like to withdrawal our current operational license application and kindly
request a refund for our application fee of $1,482.00.
We will comply with the conditions of resolution 1844 and operate until 11:00 per the resolution.
Please have the City mail back our refund to:
thehouse Newport Beach
PO Box 15175
Newport Beach, CA 92659
Please confirm.
Thanks so much!
Keith
Keith Jarrett
Founding Member and Owner
(949) 689-5186
thehousenewportbeach.com
35
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Attachment No. PC 3
Approved Plans from UP2011-001
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Attachment No. PC 4
Approved Tenant Improvement Plans for The
House from 2021
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Attachment No. PC 5
Notice of Violation from Department of Alcoholic
Beverage Control
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53
From:Matsler, Sean <SMatsler@coxcastle.com>
Sent:August 01, 2023 1:07 PM
To:Planning Commissioners
Cc:Keith Jarrett; Lee, David
Subject:Item No. 3 - Conditional Use Permit No. UP2011-001
Attachments:Matsler Letter re Item No. 3 Conditional Use Permit No. UP2011-001.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Chair Ellmore and Members of the Planning Commission:
The attached letter relates to Item No. 3 (Conditional Use Permit No. UP2011‐001) on the Commission’s
August 2, 2023 agenda.
Thank you,
Sean
Sean Matsler
Cox, Castle & Nicholson LLP
3121 Michelson Drive | Ste 200 | Irvine, CA 92612
direct: 949.260.4652 | mobile: 714.330.0797
main: 949.260.4600
smatsler@coxcastle.com | vcard | bio | website
This communication is intended only for the exclusive use of the addressee and may contain information that is privileged or confidential. If you are not the addressee, or
someone responsible for delivering this document to the addressee, you may not read, copy or distribute it. Any unauthorized dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this communication in error, please call us promptly and securely dispose of it. Thank you.
Planning Commission - August 3, 2023 Item No. 3a - Additional Materials Received The House Annual Review of Use Permit (PA2011-005)
www.coxcastle.com Los Angeles | Orange County | San Francisco
Cox, Castle & Nicholson LLP
3121 Michelson Drive, Suite 200
Irvine, California 92612-5678
P: 949.260.4600 F: 949.260.4699
Sean Matsler
949.260.4652
smatsler@coxcastle.com
File No. 104584
August 1, 2023
VIA E-MAIL: PLANNINGCOMMISSIONERS@NEWPORTBEACHCA.GOV
Chair Ellmore and Members of the Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach CA, 92660
Re: Item No. 3 - Conditional Use Permit No. UP2011-001
Chair Ellmore and Members of the Planning Commission:
This Firm represents KJarrett Inc. (Keith Jarrett), owner of thehouse Newport Beach, a
members-only eating and drinking establishment that has been in operation since March 2022. It
replaced a series of short-lived restaurant and bar concepts that followed the closure of Josh
Slocum’s Restaurant.
As noted in the staff report, Mr. Jarrett owns and stores a personal vessel at thehouse
Newport Beach called the “Leilani Rose.” In 2022, the Leilani Rose was briefly used for a few
special events that were captured on social media and on the club’s original website. Following
complaints, Mr. Jarrett ceased that use, deleted the social media photographs, and updated the
club’s website.
Mr. Jarrett would like to keep the Leilani Rose at thehouse Newport Beach for his personal
use. The vessel is approximately 30 feet wide by 30 feet deep (900 square feet), so its relocation
presents a logistical and financial challenge. To that end, the purpose of this letter is to respectfully
request that the Planning Commission make revisions to Planning Commission Resolution No.
1844, as shown on attached Exhibit A, which would allow the Leilani Rose to remain on site for
Mr. Jarrett’s personal use.
Sincerely,
Sean Matsler
of COX, CASTLE & NICHOLSON LLP
Planning Commission - August 3, 2023 Item No. 3a - Additional Materials Received The House Annual Review of Use Permit (PA2011-005)
Chair Ellmore and Members of the Planning Commission
August 1, 2023
Page 2
EXHIBIT A
[Proposed additions are in green and proposed deletions are in red.]
* * * * *
Condition 7: The outdoor dining area shall be limited to 429 square feet or 25 percent of
the interior net public area, whichever is less. Dining and beverage service is not permitted on
any docked vessels;
Condition 9: There shall be no live entertainment allowed on the premises, including docked
vessels, without first obtaining a live entertainment permit from the City;
Condition 10: Live entertainment shall be confined to the interior of the structure and shall be
prohibited on docked vessels;
Condition 12: There shall be no dancing allowed on the premises, including docked vessels, or
Café Dance permit issued without an amendment to this Conditional Use Permit; and
Condition 35: No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee, and alcohol service is prohibited on
docked vessels. It is acknowledged, however, that the licensee does not have control over
personal alcohol consumption aboard any docked vessel.
Condition 65:No less than 50% of the total length of tThe boat slips shall be available at all
times for exclusive use by the patrons of the establishment. The owner and operator shall be
prohibited from renting or leasing the boat slips.
104584\16927824v1
Planning Commission - August 3, 2023 Item No. 3a - Additional Materials Received The House Annual Review of Use Permit (PA2011-005)
THE HOUSE 2601 WEST COAST HWY
Annual Review of Use Permit
Planning Commission Public Hearing
August 3, 2023
David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
PROJECT LOCATION
2
The House
Lot Area: 12,000 SF
Building Size: 3,987 SF
On-site parking: 12 spaces
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
BACKGROUND
3
•1968: Restaurant use established. No use permit required.
•2004: PC approved UP2003-036 for Josh Slocum’s Restaurant and nightclub with Type 47 ABC license and late hours.
•2011: PC approved UP2011-001 for Dry Dock restaurant. Includes waiver of 11 parking spaces. Subsequently operated by DivBar, Pizza Nova, and Mama’s. Includes requirement for annual review.
•2021: The House began operation pursuant to UP2011-001, subject to all conditions of approval.
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
COMPLIANCE WITH UP2011-001
4
Approved by UP2011-001 Current Operation
Hours of Operation 11 a.m. to 11 p.m., Mon. – Fri.
9 a.m. to 11 p.m., Sat. – Sun.
Closed Mon. & Tues.
Noon to 11 p.m., Wed. – Fri.
11 a.m. to 11 p.m., Sat. – Sun.
Net Public Area 1,719 sq. ft. (max)1,364 sq. ft.
Outdoor Dining Area 429 sq. ft. (max)380 sq. ft.
Parking 12 on-site
20 off-site
(2615 Avon)
12 on-site
32 off-site
(2615 Avon and 2547 WCH)
Alcohol License Type 47 (On-Sale, General)Type 47
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
FLOATING OUTDOOR PATIO VESSEL
•Floating patio vessel docked in boat slip adjacent to the restaurant
•Approx. 900 SF (30’ x 30’)
•Previously advertised as a part of restaurant layout and included food/drink service with live entertainment
•Operator intends to utilize patio for personal guests, not a patio in connection to restaurant
5
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
USE PERMIT VIOLATIONS
6
Condition 1: Substantial conformance with the approved site plan
Condition 7: Limits outdoor patio to 429 square feet or 25 percent of interior area
Condition 9: No live entertainment without a live entertainment permit
Condition 10: Live entertainment to be confined to interior
Condition 12: No dancing without a dance permit or amendment to CUP
Condition 35: No alcoholic beverages consumed on property adjacent to the licensed premises
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
USE PERMIT VIOLATIONS
Condition 65: The boat slips shall be available at all times for exclusive use by the patrons of the establishment. The owner and operator shall be prohibited from renting or leasing the boat slips.
7
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
OTHER VIOLATIONS
•Code Enforcement Cases
•Sept. 2022: ADA for dock ramp
•Nov. 2022: Noise from vessel
•Dept. Alcoholic Beverage Control
•Dec. 2022: Consumption of alcohol on unlicensed patio
8
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
PUBLIC COMMENTS FROM APPLICANT
9
•Requesting amendment to the resolution of UP2011-001 to modify 6 conditions of approval to allow 50% of dock space to be occupied, and to allow retention of the floating vessel subject to additional use restrictions.
•Zoning Code allows for modifications to conditions for enforcement purposes to ensure that the permit is implemented consistent with original approval.
•Zoning Code allows for changes of use by PC only through a new permit application filing.
•Proposed changes have not been fully analyzed by staff.
•Submittal of a new application requesting these changes required. Staff will return to a future PC meeting for consideration.
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
RECOMMENDATION
10
1)Conduct a public hearing;
2)Find this review exempt from CEQA
3)Review The House for compliance with UP2011-001
4)Provide feedback regarding the vessel
5)Continue item to September 7 PC meeting
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
11
QUESTIONS AND DISCUSSION
David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)