HomeMy WebLinkAbout3.0_The House Annual Review of Use Permit_Staff Presentation_PA2011-005THE 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
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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
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•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
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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
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Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
USE PERMIT VIOLATIONS
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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.
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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
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Planning Commission - August 3, 2023 Item No. 3b - Additional Materials Presented at the Meeting The House Annual Review (PA2011-005)
PUBLIC COMMENTS FROM APPLICANT
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•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
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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)
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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)