HomeMy WebLinkAbout2.0_The House Conditional Use Permit Amendment_PA2023-0143
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 7, 2023
Agenda Item No. 2
SUBJECT: The House Conditional Use Permit Amendment (PA2023-0143)
▪ Conditional Use Permit
SITE LOCATION: 2601 West Coast Highway
APPLICANT: The House
OWNER: Pizza Nova PCH LLC
PLANNER: David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
PROJECT SUMMARY
An amendment to a conditional use permit to remove the condition of approval that limits
the use of boat slips at all times for exclusive use by patrons for an existing eating and
drinking establishment (restaurant) with late hours, live entertainment, alcohol sales,
outdoor dining, and delivery. The current restaurant operator, The House Restaurant, will
continue to comply with a previously approved parking management plan which
addressed off-site parking, valet, and an adjustment to the off-street parking
requirements, and includes other related conditions. This item was continued from the
August 3, 2023 Planning Commission meeting.
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) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2023-032 approving a conditional use permit (Attachment
No. PC 1).
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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. In 2004, the Planning Commission
approved UP2003-036, authorizing Josh Slocum’s Restaurant and Nightclub.
Subsequently, UP2011-001 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 3).
In December of 2022, staff learned 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 8). Additionally,
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. In November of 2022, the Harbor Department
enforcement staff received a noise complaint from the vessel. 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 9).
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Figure 1: Floating Outdoor Patio Vessel (Image Source: The House website)
The use of the floating outdoor patio vessel violated the following conditions of the existing
use permit (UP2011-001), included in Attachment No. PC 3:
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;
Condition 35: No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee; and
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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Please note that if the Planning Commission approves the proposed amendment, the
attached draft resolution (Attachment No. PC 1) would supersede UP2011-001 (Attachment
No. PC 3). Therefore, in order to effectively update the draft resolution, the order and
references for the conditions will change. When describing existing conditions of approval,
they are referenced as a part of UP2011-005. When describing recommended conditions,
they are referenced as proposed conditions as part of the draft resolution.
Annual Review
On August 3, 2023, the Planning Commission conducted a public hearing for an annual
review of UP2011-001. The review was based on a condition of approval which requires
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. Prior to the
public hearing, the applicant submitted requested modifications to the existing conditions
of approval for UP2011-001 to allow retention of the vessel and limit its use. The vessel
owner, who is the operator of the restaurant, has indicated they no longer intend to utilize
the vessel as an outdoor dining patio in conjunction with the restaurant. Rather, the
operator intends to invite guests to utilize his vessel from time to time just as any boat
owner could invite guests to use their boat (an unregulated activity). After a brief
discussion regarding the vessel, the item was continued to the September 7, 2023,
Planning Commission meeting so that the operator could apply for an amendment to the
use permit, with modified conditions of approval to allow the storage of the vessel. The
staff report for the annual review is included as Attachment No. PC 4.
Applicant’s Request (Project Description)
As previously noted, the operator proposes to utilize the vessel for his personal guests
independently from the restaurant. The House restaurant would not provide food or drink
service to guests on the vessel or the docks. Invited guests to the vessel would not be
required to be customers of the restaurant, but they may be. Vessel guests would not be
restricted from bringing their own food and drink to enjoy while on the vessel. Based on
current conditions, the vessel accommodates tables, chairs, umbrellas and space heaters
to provide a suitable environment for passengers. The applicant does not propose any
limitations on when or how often the invite guests to visit the vessel. However, due to the
previous violations and the patio-like construction of the vessel, there remains the
possibility of the vessel being used as an extended outdoor dining patio for the restaurant.
Therefore, the applicant’s request includes proposed conditions of approval to limit
activities permitted on the vessel (Attachment No. PC 2).
There are no restrictions on how a boat owner uses their vessel within the harbor. Boat
owners can operate or recreate on their boat without taking the boat out of the docks
provided its use is done safely in accordance with Coast Guard regulations and Harbor
Department rules. They can invite guests or authorize other trusted individuals to use the
vessel when the owner is not present. Staff assumes these features will be provided to
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guests of the vessel. The applicant is seeking to operate the vessel in a similar
unregulated manner to other boats.
The applicant is not requesting any operational changes to the restaurant from what is
currently existing (see Table 1, below).
Table 1: Operational Characteristics
Previously Authorized by
UP2011-001
Existing and Proposed
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
20 off-site
Alcohol License Type 47 (On-Sale, General) Type 47
Live Entertainment 2 p.m. to 7 p.m., Sat. and Sun. None
UP2011-001 authorized hours of operation until 11 p.m., but also included conditions of
approval which extends the hours of operation until 2 a.m. at the latest (1:30 a.m. for the
outdoor dining area) if an Operator License is secured pursuant to Chapter 5.25 of the
Municipal Code. Additionally, live entertainment is permitted between 2 p.m. and 7 p.m.,
on Saturdays and Sundays, only if the operator first obtains a live entertainment permit
from the City. Although the Operator does not currently operate with late hours or live
entertainment, they are requesting to maintain the allowance within their amended CUP.
DISCUSSION
Analysis
General Plan, Zoning Code, and Local Coastal Program
The subject property, exclusive of the water portion, is categorized 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 restaurant is consistent with the MU-
W1 land use category, as eating and drinking establishments are visitor-serving and
commercial uses.
The subject property, again exclusive of the water portion of the 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
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“Food Service, Late Hours” are allowed in the MU-W1 zoning district with approval of a
conditional use permit (CUP). Facilities open to the public past 11:00 p.m. any day of the
week are considered establishments with late hours. Late hours were previously
approved by the Planning Commission through UP2011-001 under the condition that an
Operator License is obtained pursuant Section 5.25 of the NBMC. Although the current
establishment does not currently include late hours of operation, the establishment may
operate until 2 a.m. if the Applicant secures an Operator License.
The subject property is located in the coastal zone, as is categorized as Mixed-Use Water
Related (MU-W) by the Coastal Land Use Plan (CLUP) and located in the Mixed-Use
Water (MU-W1) coastal zoning district. Again, these designations do not apply to the
water portion of the property. Eating and drinking establishments are permitted within the
MU-W1 coastal zoning district; however, since the proposed amendment is for the
purpose of modifying an existing CUP to remove the condition of approval that limits the
use of boat slips at all times for exclusive use by patrons for an existing restaurant, the
project is not considered development nor an intensification of use in the coastal zone.
Therefore, a coastal development permit is not required.
The southerly portion of the property, approximately 36 feet, is submerged and
designated Tidelands and Submerged Lands (TS) by the General Plan and Local Coastal
Program. The TS category is intended to address the use, management, and protection
of tidelands and submerged lands of Newport Bay and the Pacific Ocean immediately
adjacent to the City. The request to store and use a vessel in the existing boat dock is
consistent with the TS category, as it is typical for vessels to be stored and used on
existing boat docks for waterfront properties along Mariners’ Mile.
Parking and Condition Restricting Use of Boat Slips
Section 21.40.060 (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 parking requirement of
one (1) space for every 40 square feet of net public area is appropriate. Per UP2011-001,
the restaurant was previously authorized for 1,719 square feet of interior NPA which
resulted in a parking requirement of 43 parking spaces. UP2011-001 waived 11 of the
required 43 parking spaces, resulting in a 32-space parking requirement (see Table 2,
below). Since the property provides only 12 on-site spaces, the Planning Commission
conditioned the restaurant to record a parking agreement with 2615 Avon Street for the
remaining 20 parking spaces and approved a parking management plan which included
valet. The Planning Commission also included Condition 65 as a part of UP2011-005,
which required that the boat slips are to be available at all times for exclusive use by the
patrons of the establishment, and that the owner and operator are prohibited from renting
or leasing the boat slips. This condition of approval was intended to alleviate the lack of
on-site parking provided by the restaurant, since patrons could travel to the restaurant by
boat as well.
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The operator has reduced the restaurant’s interior NPA and outdoor dining area through
a tenant improvement that was approved by the City in 2021. The interior NPA was
reduced from 1,719 square feet to 1,364 square feet, and the outdoor dining was reduced
from 429 square feet to 380 square feet. This results in a seven-space reduction in the
required parking. The Zoning Code allows for 25 percent of the interior net public area to
be deducted from the outdoor dining area for parking purposes, resulting in 39 square
feet of outdoor dining for parking calculation purposes. Therefore, a total NPA of 1,403
square feet needs to be counted for parking. With the previously approved waiver of 11
spaces, a total of 25 parking spaces are required for the restaurant today compared to
the previous requirement of 32 spaces (Table 2). The reduction in net public area reduces
the overall parking demands and offsets the need for customer usage of the boat slips.
Therefore, proposed Condition 8 of the draft resolution reduces the maximum allowed
interior NPA and outdoor dining area commensurate with existing conditions.
Table 2: Previous and Existing Parking Demand
Previously Approved Operational Conditions
Net Public Area Outdoor Dining
Area
Parking Ratio Required Spaces*
1,719 sq. ft. 429 sq. ft. 1 per 40 sq. ft. NPA 32
Existing Operational Conditions
Net Public Area Outdoor Dining
Area
Parking Ratio Required Spaces*
1,364 sq. ft. 380 sq. ft. 1 per 40 sq. ft. NPA 25
* Includes 11-space parking waiver authorized by UP2011-001
The operator is requesting that 50 percent of the existing dock slips available for patron
use, where the existing use permit requires that the entire dock is open for patrons. The
existing dock is approximately 115 feet deep and was previously estimated to fit
approximately 10 boats, depending on the size of the boat. With 50 percent of the dock
available for patron use, a conservative estimate of four patron boats can fit in the
remaining approximate 57 feet of dock space. Since there was a significant reduction in
interior NPA and outdoor dining area which results in a reduction in parking demand by
seven spaces, the reduction of available dock space is justified and is not expected to
negatively impact the existing parking situation.
Continuation of Parking Management Plan
A Parking Management Plan was previously approved by the Planning Commission
through UP2011-001 and has been implemented to mitigate impacts associated with a
reduction in the number of required parking spaces. The Parking Management Plan and
valet plan (Attachment No. PC 3) has resulted in an efficient use of the parking spaces
available to the restaurant patrons, as originally intended. The operator is compliant with
the previously approved Parking Management Plan, which requires 20 off-site parking
spaces at 2615 Avon Street and valet operations. Additionally, the Planning Commission
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included Condition 66 in UP2011-005, which requires all employees to obtain annual
parking permits at the Mariners’ Mile parking lot on Avon Street. This condition has been
included as proposed Condition 23 in the draft resolution.
Alcohol Sales
The restaurant operation includes a Type 47 Department of Alcoholic Beverage Control
(ABC) License (On-Sale, General). A Type 47 ABC License was originally permitted in
2004 by the Planning Commission for Josh Slocum’s Restaurant and Nightclub (Use
Permit No. UP2003-036). Subsequently in 2011, the Planning Commission approved Use
Permit No. 2011-001 for Dry Dock restaurant, which also included a Type 47 ABC
License. Pursuant to Section 20.48.090.G.2 (Eating and Drinking Establishments –
Existing Establishments). The request does not include a substantial change to the
establishment. There is no request to change license type to ABC, nor is there a proposed
increase in floor area dedicated to alcohol sales. The restaurant’s ABC license has never
been revoked or suspended. Although there are recent violations observed by Code
Enforcement and ABC regarding noise, accessibility, and alcohol service on the
requested vessel, the operator has ceased using the vessel as a part of the restaurant
and proposes for the vessel to be for personal use only. Conditions of approval are
included which prohibit drink service from the restaurant on all docked vessels.
Conditional Use Permit Findings
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits),
the Planning Commission must make the following findings for approval of a conditional
use permit:
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 the 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.
5.Operation 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.
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As previously discussed, the continued operation of the restaurant at the subject property
is consistent with the purpose and intent of the MU-W2 General Plan and Zoning
categories. The MU-W1 land use category allows a floor area to land ratio (FAR) of 0.5
for a commercial-only use. The existing restaurant complies with this requirement, as the
lot is approximately 12,000 square feet in area and consists of a 3,987-square-foot single-
story restaurant building (0.3 FAR), a surface parking lot with 12 parking spaces, and a
boat slip that can accommodate several boats depending on size. Since the request does
not result in an increase in FAR, it is therefore consistent with the Land Use Element
development limitations. The existing operator has reduced the interior net public area
and outdoor dining area, and therefore has provided alleviation to the previous concerns
of parking. However, the operator will continue to comply with the previously conditioned
parking requirements, which are 12 on-site spaces and 20 off-site spaces located at 2615
Avon Street.
The request to amend UP2011-001 is for the purpose of removing a condition of approval
that limits the use of boat slips at all times for exclusive use by restaurant patrons.
Removal of this condition, along with new conditions, will allow the storage and limited
use of a vessel within the adjacent boat dock, which is compatible with the allowed uses
in the vicinity. It is typical for boat docks along Mariners’ Mile to have personal vessels
stored and used. As conditioned, there shall be no food or beverage service, live
entertainment, or dancing permitted on docked vessels. The vessel is not to be used in
conjunction with the restaurant and is to be maintained in a sea-worthy and operating
condition. The amendment does not include any physical or operational changes to the
restaurant. The restaurant does not currently operate with late hours and does not include
live entertainment or dancing. However, the operator may operate with those
characteristics if an Operator License and/or other applicable permits are obtained (ie.
Live Entertainment Permit and Café Dance Permit).
The subject property is physically suitable for the existing restaurant. The existing building
and parking lot have functioned satisfactorily in the past with the current configuration.
The allowance of a vessel to be stored and used in the adjacent boat dock will not
negatively affect emergency access from West Coast Highway. The Property is an interior
lot and has multiple doors and windows for ingress and egress. The building is located 6
feet from the easterly property line to provide for sufficient room for emergency access.
Due to the unique nature of the requested vessel, 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. The
property is located approximately 500 feet south of residences on Tustin Avenue. Since
there is no operational change associated with the amendment, there are no concerns
regarding noise towards the residences across West Coast Highway to the north. The
property is also located approximately 800 feet north of residences on Lido Isle, which is
across the Lido Channel. The draft resolution includes conditions which prohibit food or
drink service, live entertainment, or dancing on the vessel, which are intended to reduce
noise impacts to residents across the Channel. Proposed Condition 28 of the draft
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resolution requires that all activities on the vessel are to comply with the required noise
standards of the NBMC.
Recommended Conditions of Approval
As part of the project request, the operator is proposing to amend the conditions of
approval of the CUP to allow for the storage and limited use of a personal vessel in the
adjacent boat dock (Attachment No. PC 2). Staff has modified the language of the
operator’s requested conditions, as well as provided additional conditions, for the purpose
of ensuring that the vessel does not operate as an additional outdoor dining patio for the
restaurant consistent with the applicant’s request. The following are staff’s recommended
conditions related to the vessel:
Condition 11 (modified from former Condition 65): No less than 50 percent of the total
length of 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 said boat
slips and from storing additional vessels.
Condition 12 (new): The permitted docked vessel shall be maintained in a sea-worthy and
operating condition and have current registration or certificate of documentation.
Condition 13 (new): There shall be no commercial charters from the boat dock.
Condition 14 (new): The permitted docked vessel shall not be used as an extension of the
permitted eating and drinking establishment or as an additional outdoor dining patio.
Condition 15 (new): Food and drink service shall not be permitted on any docked vessel.
Condition 16 (modified from former Condition 10): Noise from the live entertainment
shall be confined to the interior of the structure. Live entertainment shall be prohibited on
docked vessels.
Condition 18 (modified from former Condition 12): There shall be no dancing allowed
on the premises or Cafe Dance permit issued without an amendment to this Conditional
Use Permit. Dancing is prohibited on docked vessels.
Condition 22 (modified from former Condition 23): Notwithstanding the permitted
docked vessel, no other recreational vehicles, boats, or similar vehicles shall be stored at
any time at the subject site.
Additional updated conditions of approval for the restaurant are included in Exhibit “A” of the
draft resolution (Attachment No. PC 1). Also, staff is recommending omitting Condition 2 of
UP2011-005 (Attachment No. PC 3) from the draft resolution. The condition reads:
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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.
Summary
The applicant’s request as conditioned addresses the violations of the existing use permit.
The proposed conditions related to the use of the vessel will ensure the vessel is not used
as a restaurant outdoor patio. The use of the vessel will be similar to the way that other
boats in the harbor can be used. The applicant’s planned use of the vessel should also
reduce the potential of nuisance generating activities. The storage of the applicant’s boat
in the dock reduces short-term boat storage for restaurant patrons, a parking demand
strategy; however, it is off-set by the reduced size of the restaurant. Should the proposed
amendment be approved, staff will monitor the use and take appropriate action should
any issues occur.
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. Class 1 exempts minor alterations to existing facilities. The project
consists allowing the storage and limited use of a personal vessel within the adjacent boat
dock of an existing restaurant.
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.
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Prepared by: Submitted by:
______________________
David Lee, Senior Planner
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Applicant’s Project Request
PC 3 Use Permit No. UP2011-001
PC 4 Annual Review Staff Report from August 3, 2023 Planning Commission Meeting
PC 5 Parking Management Plan
PC 6 Approved Tenant Improvement Plans for The House from 2021
PC 7 Approved Plans from UP2011-001
PC 8 Correspondence from December 21, 2022
PC 9 Notice of Violation from Department of Alcoholic Beverage Control
01/18/23
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. PC2023-032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING AN
AMENDMENT TO USE PERMIT NO. UP2011-001 WHICH
PROHIBITS STORAGE OF A PERSONAL VESSEL AT AN
EXISTING EATING AND DRINKING ESTABLISHMENT WITH
LATE HOURS, LIVE ENTERTAINMENT, ALCOHOL SALES,
OUTDOOR DINING, PARKING MANAGEMENT PLAN, AND
ADJUSTMENT TO THE OFF-STREET PARKING
REQUIREMENTS SUBJECT TO ADDITIONAL CONDITIONS FOR
THE PROPERTY LOCATED AT 2601 WEST COAST HIGHWAY
(PA2023-0143)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Sean Matsler of Cox, Castle, & Nicholson LLP (“Applicant”),
concerning 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 (“Property”).
2.In 2004, the Planning Commission approved Conditional Use Permit No. UP2003-036,
authorizing Josh Slocum’s Restaurant and Nightclub.
3.In 2011, the Planning Commission approved a Conditional Use Permit No. UP2011-001
to allow a food service restaurant with late hours, live entertainment, and a Type 47 (On-
Sale General – Eating Place) Alcoholic Beverage Control (“ABC”) License. The
approval also included a parking management plan (“Parking Management Plan”), an
adjustment to off-street parking requirements and a condition that required boat slips be
available at all times for exclusive use by restaurant patrons and prohibited the owner
and operator from renting or leasing the boat slips so as to alleviate the lack of on-site
parking through patron access by boat.
4.The current operator, The House (“Restaurant”) has been in operation since 2021 and
is subject to Conditional Use Permit No. UP2011-001 conditions of approval.
5.The Applicant now requests an amendment to a conditional use permit to remove the
condition that limits the use of boat slips at all times for exclusive use by restaurant
patrons. The Applicant will continue to comply with the previously approved Parking
Management Plan which addressed off-site parking, valet, an adjustment to the off-
street parking requirements, and includes other related conditions (“Project”).
6.The Property is designated Mixed-Use Water 1 (MU-W1) by the General Plan Land Use
Element and is located within the Mixed-Use Water (MU-W1) Zoning District.
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Planning Commission Resolution No. PC2023-032
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01-17-23
7.The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed-Use Water Related (MU-W) and is located within the Mixed-Use Water (MU-W1)
Coastal Zoning District.
8.A public hearing was held on September 7, 2023, in the Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the
hearing was given in accordance with California Government Code Section 54950 et
seq. and Chapter 20.62 (Public Hearings) of 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.
1.This Project is exempt from the California Environmental Quality Act (“CEQA”) under
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.Class 1 exempts minor alterations to existing facilities. The Project does not change the
operational characteristics of the Restaurant, but instead removes a condition that limits
the use of boat slips at all times for exclusive use by restaurant patrons and makes other
related revisions.
SECTION 3. REQUIRED FINDINGS.
Conditional Use Permit
By Section 20.52.020 (Conditional Use Permits) of the Newport Beach Municipal Code, the
following findings and facts in support of such findings are set forth:
Finding:
A.The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1.The Property is categorized as Mixed-Use Water 1 (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 Project is consistent with the Mixed-Use Water 1 (MU-W1) land use
category, as eating and drinking establishments are visitor-serving and commercial
uses. The Property includes boat slips that are available for patrons who travel by 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.
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2. The Mixed-Use Water 1 (MU-W1) land use category allows a floor area to land ratio
(“FAR”) of 0.5 for a commercial-only use. The Property complies with this requirement,
as the lot is approximately 12,000 square feet in area and consists of a 3,987-square-
foot single-story restaurant building (0.3 FAR), a surface parking lot with 12 parking
spaces, and a boat slip that can accommodate several boats depending on size. The
Project will not result in an increase in FAR and is therefore consistent with the Land
Use Element development limitations.
3. The Project is consistent with the Mixed-Use Water 1 (MU-W1) land use category, as
the Restaurant is a visitor-serving, commercial use that is located on the waterfront. It is
typical for vessels to be stored and used on boat docks for waterfront properties along
Mariners’ Mile. The vessel is not an extension of the Restaurant and is conditioned to
not include food and drink service from the Restaurant.
4. The southerly portion of the property, approximately 36 feet, is submerged and
designated Tidelands and Submerged Lands (TS) by the General Plan and Local
Coastal Program. The TS category is intended to address the use, management, and
protection of tidelands and submerged lands of Newport Bay and the Pacific Ocean
immediately adjacent to the City. The request to store and use a vessel in the existing
boat dock is consistent with the TS category, as it is typical for vessels to be stored and
used on existing boat docks for waterfront properties along Mariners’ Mile.
5. The 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:
1. The Property is located within the Mixed-Use Water (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 CUP. Facilities open to the public past 11:00 p.m. any day of the week are considered
establishments with late hours. Late hours were previously approved by the Planning
Commission through UP2011-001 under the condition that an Operator License is
obtained pursuant Chapter 5.25 (Operator License for Establishments Offering Alcoholic
Beverages for On-Site Consumption in Combination with Late Hours, Entertainment,
and/or Dance) of the NBMC. Although the Restaurant does not currently include late
hours of operation, it may operate until 2 a.m. if the Applicant secures an Operator
License.
2. The Restaurant complies with the required operational standards per Section 20.48.090
(Eating and Drinking Establishments) of the NBMC. The Restaurant consists of an
interior net public area (“NPA”) of 1,364 square feet, reduced from the 1,719 square feet
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previously authorized by the Planning Commission. Additionally, the existing outdoor
dining area, located in the front of the Restaurant adjacent to the parking lot, has been
reduced from 429 square feet to 380 square feet. As conditioned, no alcoholic
beverages are to be consumed on any property adjacent to the licensed premises under
the control of the licensee, and no food or drink service is permitted on the requested
vessel. Also conditioned is the requirement for all owners, managers, and employees
serving alcoholic beverages to undergo a certified training program in responsible
methods and skills for alcohol service.
3. The Restaurant operation includes a Type 47 ABC License (On-Sale, General). A Type
47 ABC License was originally permitted in 2004 by the Planning Commission for Josh
Slocum’s Restaurant and Nightclub (Use Permit No. UP2003-036). Subsequently in
2011, the Planning Commission approved Use Permit No. 2011-001 for Dry Dock
restaurant, which also included a Type 47 ABC License. Pursuant to Section
20.48.090(G)(2) (Eating and Drinking Establishments – Existing Establishments), the
Project does not include a substantial change to the establishment. There is no request
to change license type to ABC, nor is there a proposed increase in floor area dedicated
to alcohol sales. The Restaurant’s ABC license has never been revoked or suspended.
Although there are recent violations observed by Code Enforcement and ABC regarding
noise, accessibility, and alcohol service on the requested vessel, the Applicant has
ceased using the vessel as a part of the Restaurant and proposes for the vessel to be
for personal use only. Conditions of approval are included which prohibit drink service
from the restaurant on all docked vessels.
4. Section 20.40.040 (Parking Requirements for Food Service Uses) establishes criteria to
determine the parking requirement for food uses from one parking space for every 30-
50 square feet of net public area. Based on the physical design characteristics,
operational characteristics, and location of the Restaurant, a parking requirement of one
space for every 40 square feet of net public area is appropriate. Per Conditional Use
Permit No. UP2011-001, the restaurant was previously authorized for 1,719 square feet
of interior NPA which resulted in a parking requirement of 43 parking spaces (1,719 / 40
= 43). Conditional Use Permit No. UP2011-001 waived 11 of the required 43 parking
spaces, resulting in a 32-space parking requirement. Since the Property provides only
12 on-site spaces, the Planning Commission conditioned the restaurant to record a
parking agreement with 2615 Avon Street for the remaining 20 parking spaces and
approved a Parking Management Plan which included valet. The Planning Commission
also included Condition of Approval No. 65, which required that the boat slips be
available at all times for exclusive use by the patrons of the establishment, and
prohibited the owner and operator from renting or leasing the boat slips. This condition
of approval was intended to alleviate the lack of on-site parking provided by the
restaurant, since patrons could travel to the restaurant by boat as well.
5. The Applicant has reduced the Restaurant’s interior NPA and outdoor dining area
through a tenant improvement that was approved by the City in 2021. The interior NPA
was reduced from 1,719 square feet to 1,364 square feet, and the outdoor dining was
reduced from 429 square feet to 380 square feet. Title 20 (Planning and Zoning) of the
NBMC allows for 25 percent of the interior net public area to be deducted from the
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outdoor dining area for parking purposes, resulting in 39 square feet of outdoor dining
for parking calculation purposes. Therefore, a total NPA of 1,403 square feet needs to
be counted for parking (1,364 + 39 = 1,403). With the previously approved waiver of 11
spaces, a total of 25 parking spaces are required for the Restaurant today (1,403 / 40 =
36 – 11 = 25), compared to the previous requirement of 32 spaces.
6. The Applicant is requesting for 50 percent of the existing dock slips available for patron
use, where the existing use permit requires that the entire dock is open for patrons. The
existing dock is approximately 115 feet deep and was previously estimated to fit
approximately ten boats, depending on the size of the boat. With 50 percent of the dock
available for patron use, a conservative estimate of four patron boats can fit in the
remaining approximate 57 feet of dock space. Since there was a significant reduction in
interior NPA and outdoor dining area which results in a reduction in parking demand by
seven spaces, the reduction of available dock space to patrons will not negatively impact
the existing parking situation.
7. Pursuant to Section 20.40.110 (Adjustments to the Off-Street Parking Requirements), a
Parking Management Plan was previously approved by the Planning Commission
through UP2011-001 and has been implemented to mitigate impacts associated with a
reduction in the number of required parking spaces. The Parking Management Plan and
valet plan has resulted in an efficient use of the parking spaces available to the
Restaurant patrons, as originally intended. The Applicant is compliant with the
previously approved Parking Management Plan, which requires 20 off-site parking
spaces at 2615 Avon Street and valet operations.
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:
1. The Property 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 Restaurant will not be used exclusively as a bar or nightclub, as
defined by Title 20 (Planning and Zoning) of the NBMC.
2. The Project is an amendment to Conditional Use Permit No. UP2011-001 to remove the
condition that limits the use of boat slips at all times for exclusive use by restaurant
patrons. It is typical for boat docks along Mariners’ Mile to have personal vessels stored
and used. As conditioned, there shall be no food or beverage service, live entertainment,
or dancing permitted on docked vessels. The vessel is not to be used in conjunction with
the Restaurant.
3. The Project does not include any physical or operational changes to the Restaurant.
The Restaurant does not currently operate with late hours and does not include live
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entertainment or dancing. However, the Applicant may operate with those
characteristics if an Operator License and/or other applicable permits are obtained (ie.
Live Entertainment Permit and Café Dance Permit).
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.
Fact in Support of Finding:
1. The Property is approximately 50 feet wide by 240 feet deep (12,000 square feet in area)
and is developed with a 3,987-square-foot single-story commercial building, a surface
parking lot with twelve (12) parking spaces, and a 115-foot-deep boat slip. The existing
building and parking lot have functioned satisfactorily in the past with the current
configuration. The Project does not change the operational characteristics of the
Restaurant, but instead removes a condition that limits the use of boat slips at all times
for exclusive use by restaurant patrons and makes other related revisions. The Project
will not negatively affect emergency access from West Coast Highway. The Property 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 to provide sufficient room for emergency
access.
Finding:
E. Operation 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:
1. The Restaurant is compatible with the neighborhood because the Mariners’ Mile area is
an established commercial area with several similar uses nearby. The Property is
located on the heavily traveled West Coast Highway and has been utilized for restaurant
uses since 1968. The Project does not change the operational characteristics of the
Restaurant, but instead removes a condition that limits the use of boat slips at all times
for exclusive use by restaurant patrons and makes other related revisions.
2. Due to the unique nature of the requested vessel, 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.
3. The Property is located approximately 500 feet south of residences on Tustin Avenue.
Since there is no operational change associated with the Project, there are no
concerns regarding noise towards the residences across West Coast Highway to the
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north. The Property is also located approximately 800 feet north of residences on Lido
Isle, which is across the Lido Channel. The Project has been conditioned so that there
is no food or drink service, live entertainment, or dancing on the vessel, which are
intended to reduce noise impacts to residents across the Channel.
4. Facts 3, 5, 6, and 7 in support of Finding B are hereby incorporated as reference.
Off-Site Parking
In accordance with Sections 20.40.100 (Off-Site Parking) of the NBMC, the following findings
and facts in support of such findings are set forth:
Finding:
F. The parking facility is located within a convenient distance to the use it is intended to serve.
Facts in Support of Finding:
1. The off-site parking lot at 2615 Avon Street is approximately 300 feet away from the
Property, which is considered a convenient distance from the Restaurant.
2. Per the approved Parking Management Plan, valet service will be available on-site,
allowing customers to drop their cars off at the Property. Valet attendants are to use the
crosswalk when crossing West Coast Highway and are to obey all traffic laws while
transporting vehicles.
Finding:
G. On-street parking is not being counted towards meeting parking requirements.
Facts in Support of Finding:
1. Facts 3 and 4 in support of Finding B are hereby incorporated as reference.
2. Many public on-street parking spaces are located within a short walking distance to the
Property on West Coast Highway, Tustin Avenue and Avon Street, which alleviates
concerns about parking supply for the Restaurant. However, these parking spaces are
not being counted towards meeting the parking requirement for the Restaurant.
Finding:
H. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
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Facts in Support of Finding:
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.
2.Valet service will be available so customers can drop off their cars at the Property. The
valet plan will be reviewed and approved by the City Traffic Engineer.
3.The previously approved Parking Management Plan addresses the use of the off-site
parking lot and valet operations. There have been no notable traffic hazards or impacts
from the use of the off-site parking lot.
Finding:
I.The parking facility will be permanently available, marked, and maintained for the use it is
intended to serve.
Facts in Support of Finding:
1.The Applicant has a lease for 20 parking spaces within the lot located at 2615 Avon
Street, where 20 spaces are required. If the required parking spaces become
unavailable in the future, the applicant is required to notify the Community Development
Director who will establish a reasonable time for substitute parking to be provided.
2.The off-site parking spaces are to be clearly marked for use by employees and
customers of 2601 West Coast Highway.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act under 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 a conditional
use permit (PA2023-0143), subject to the conditions outlined in Exhibit A, which is attached
hereto and incorporated by reference.
3.This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk by the
provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
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4.This resolution supersedes Planning Commission Resolution No. 1844, which upon
vesting of the rights authorized by this conditional use permit, shall become null and
void.
PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Elmore, Chair
BY:_________________________
Tristan Harris, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
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. Notwithstanding the
foregoing, the project does not supersede the provisions set forth in Title 17 (Harbor
Code) of the NBMC.
3.The applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused the revocation of this Use
Permit.
4.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.
5.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.
6.The Operator License required to be obtained pursuant to Condition No. 4 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.
7.All windows shall remain closed at all times after 11:00 p.m., daily.
8.The interior net public area shall be limited to 1,364 square feet and the outdoor dining
area shall be limited to 380 square feet.
9.Live entertainment is limited to Saturdays and Sundays from 2:00 p.m. to 7:00 p.m.
10.There shall be no live entertainment allowed on the premises without first obtaining a
live entertainment permit from the City.
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11. No less than 50 percent of the total length of 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 said boat slips and from storing additional vessels.
12. The permitted docked vessel shall be maintained in a sea-worthy and operating condition
and have current registration or certificate of documentation.
13. There shall be no commercial charters from the boat dock.
14. The permitted docked vessel shall not be used as an extension of the permitted eating and
drinking establishment or as an additional outdoor dining patio.
15. Food and drink service shall not be permitted on any docked vessel.
16. Noise from the live entertainment shall be confined to the interior of the structure. Live
entertainment shall be prohibited on docked vessels.
17. The operator 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.
18. There shall be no dancing allowed on the premises or Cafe Dance permit issued without
an amendment to this Conditional Use Permit. Dancing is prohibited on docked vessels.
19. Conformance with the Parking Management Plan shall be required at all times.
20. 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. The
agreement shall be in a form approved by the City Attorney and Community
Development Director.
21. 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 operator 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.
22. Notwithstanding the permitted docked vessel, no other recreational vehicles, boats, or
similar vehicles shall be stored at any time at the subject site.
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23. All employees shall obtain annual or master parking permits and shall park at the Mariners’
Mile lot on Avon Street.
24. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, in the opinion of the Director
of Community Development, the illumination creates an unacceptable negative impact
on surrounding land uses or environmental resources. The Director may order the
dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
25. Before the issuance of a building permit, the applicant shall prepare a photometric study
in conjunction with a final lighting plan for approval by the Planning Division. The survey
shall show that lighting values are “1” or less at all property lines.
26. Before the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
27. 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. The maximum noise shall be limited to no more than depicted below for the
specified periods unless the ambient noise level is higher:
Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
28. 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 leasing agent.
29. 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 Saturdays, Sundays, or Holidays.
30. No outside paging system shall be utilized in conjunction with this establishment.
31. 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.
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The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
32. 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.
33. The exterior of the business shall be always maintained free of litter and graffiti. 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.
34. The operator 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).
35. 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.
36. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
37. A Special Events Permit is required for any event or promotional activity outside the
normal operating 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 Newport Beach Municipal
Code to require such permits.
38. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
39. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 House Restaurant including, but not limited to, this
conditional use permit (PA2023-0143). This indemnification shall include, but not be limited
to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other
expenses incurred in connection with such claim, action, causes of action, suit, or
proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing
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the such proceeding. The applicant shall indemnify the City for all the City's costs,
attorneys' fees, and damages that which City incurs in enforcing the indemnification
provisions outlined in this condition. The applicant shall pay to the City upon demand any
amount owed to the City under the indemnification requirements prescribed in this
condition.
Public Works Department
40. The parking lot layout including any future changes shall be subject to the review and
approval of the City Traffic Engineer.
41. The valet plan shall be reviewed and approved by the City Traffic Engineer.
42. 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.
43. 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.
44. The property owner shall provide a 10-foot wide irrevocable pedestrian easement along
the bay front on the inland side of the existing bulkhead.
45. 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.
Building Department
46. The 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 before the issuance of a building permit.
47. Prior to issuance of a building permit, approval from the County of Orange Health
Department is required.
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48. A grease interceptor shall be installed, subject to review by the Utilities Division and
Building Division.
49. Disabled access shall be provided to dining areas or equivalent seating areas and
disabled seating shall be provided at the bar.
50. Access compliance and sufficient number of bathroom fixtures shall be provided for the
bathrooms.
51. Replacement of 4TT box and lid on the existing clean-out shall be required.
52. Backflow devices may be required, depending on the final design of the project, subject
to review by the Utilities Division.
53. Replacement of the sewer lateral may be required, subject to review by the Utilities
Division.
Fire Department
54. A kitchen fire suppression system shall be required for the hood, subject to review by
the Fire Department.
Police Department
55. 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.
56. Approval of this Conditional Use Permit does not permit the establishment 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.
57. Full menu service shall be available for ordering at all times that the restaurant
establishment is open for business.
58. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee. Alcohol service from the restaurant shall be
prohibited on docked vessels.
59. 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.
60. “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.
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01-17-23
61. The use of private (enclosed) “VIP” rooms or any other temporary or permanent
enclosures separate from public areas is prohibited.
62. 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.
63. 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.
64. 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.
65. Strict adherence to the maximum occupancy limits is required.
66. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
67. 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.
68. 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.
69. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
70. 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.
71. 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.
72. 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
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Planning Commission Resolution No. PC2023-032
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01-17-23
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
73. 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.
74. 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.
75. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting).
76. All noise generated by the proposed use, including any activity on the permitted docked
vessel, shall comply with the provisions of Chapter 10.26 and other applicable noise
control requirements of the Newport Beach Municipal Code.
77. No outside paging system shall be utilized in conjunction with this establishment.
78. 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.
79. 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.
80. 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.
81. The operator 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).
82. 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.
83. 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.
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84. 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.
85. 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.
34
Attachment No. PC 2
Applicant’s Project Request
35
INTENTIONALLY BLANK PAGE36
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
Project Description
Use Permit No. UP2011-001 Amendment (The House)
1. Background
Use Permit No. UP2011-001 was approved on June 9, 2011 and authorized the Dry Dock
restaurant. It included various conditions relating to the restaurant’s operation. Table 1 of the
August 3, 2023, Staff Report prepared in connection with The House Annual Review of Use
Permit (2011-005) confirms that The House complies with the operational conditions of Use
Permit No. UP2011-001, as follows:
2. Proposed Project: Amendment to Use Permit No. UP2011-001
Mr. Jarrett, owner and operator of The House, owns and stores a personal vessel in the
dock at The House called the “Leilani Rose.” The vessel is approximately 30 feet wide by 30 feet
deep (i.e., approximately 900 square feet). It inhabits less than 30% of the approximately 115’
deep dock at The House.
Mr. Jarrett proposes an Amendment to Use Permit No. UP2011-001 to allow his
continued storage and personal (not commercial) use of the Leilani Rose for his personal guests.
Food and drink service would not be provided by The House wait staff on the Leilani Rose in a
way that might suggest that the Leilani Rose is simply additional floor area for The House. Quite
unlike The House, Mr. Jarrett’s personal guests on the Leilani Rose:
• Need not be The House members or guests;
• Need not be 21+ years of age;
• Need not purchase food or drinks from The House (i.e., outside food and drink
are allowed on the Leilani Rose, just as with other private vessels in the
Harbor);
37
•Need not make a reservation at The House; and
•Need not abide by The House club rules and regulations
Mr. Jarrett proposes no physical or operational changes to The House. Parking would
continue to be provided on- and off-site, as allowed by the original Parking Management Plan.
Additionally, no change to the required number of parking spaces is proposed, nor is any
increase in restaurant occupancy proposed. The House would continue to operate as a restaurant
with the same restrictions on hours, dining, alcohol, and parking as originally established in
UP2011-001.
As written, Use Permit No. UP2011-001 does not allow any individual to store a personal
vessel on site. Mr. Jarrett therefore requests the following amendment to the UP2011-001
conditions of approval (Proposed additions are in green; propose deletions are in red). These
conditions are intended to: (a) allow Mr. Jarrett’s continued storage and personal use of the
Leilani Rose; and (b) formally establish that the Leilani Rose is not additional patio space for the
restaurant.
•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 drink
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
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Attachment No. PC 3
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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Planning Commission Resolution No. 1844
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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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Planning Commission Resolution No. 1844
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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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Planning Commission Resolution No. 1844
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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
10
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Planning Commission Resolution No. 1844
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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.
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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.
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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.
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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
52
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.
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Attachment No. PC 4
Annual Review Staff Report from August
3, 2023 Planning Commission Meeting
55
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CITY 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.
57
The House Annual Review of Use Permit (2011-005)
Planning Commission, August 3, 2023
Page 2
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
58
The House Annual Review of Use Permit (2011-005)
Planning Commission, August 3, 2023
Page 3
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.
59
The House Annual Review of Use Permit (2011-005)
Planning Commission, August 3, 2023
Page 4
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).
60
The House Annual Review of Use Permit (2011-005)
Planning Commission, August 3, 2023
Page 5
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
61
The House Annual Review of Use Permit (2011-005)
Planning Commission, August 3, 2023
Page 6
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.
62
The House Annual Review of Use Permit (2011-005)
Planning Commission, August 3, 2023
Page 7
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
63
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Attachment No. PC 5
Parking Management Plan
65
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Parking Management Plan (PA2011 -005)
2601 West Coast Highway
Dry Dock Restaurant
June 9, 2011
The following Parking Management Plan is provided pursuant to Section 20 :40.110
Adjustments to Off - Street Parking Requirements) of the Zoning Code. The Parking
Management Plan will employ the following management mechanisms to mitigate impacts
associated with reducing the off - street parking requirement by eleven (11) parking spaces as
required by Chapter 20.40 of the Zoning Code:
Off -Site Parking
Twenty (20) off -site parking spaces shall be available at 2615 Avon Street for use by the
applicant's employees and patrons.
The off -site parking spaces shall be clearly marked for use by employees and patrons of
2601 West Coast Highway.
6 Employees who drive to work shall park at the off -site parking lot at 2615 Avon Street.
The applicant shall immediately notify the Community Development Director of any
change of ownership or use of the property at 2615 Avon Street, or of any change in the
agreement between the parties.
Upon notification that the off -site parking spaces are no longer available, the Community
Development Director shall establish a reasonable time in which one of the following shall
occur:
Substitute parking is provided that is acceptable to the Community Development
Director: or
The size or capacity of the use subject to this Conditional Use Permit is reduced in
proportion to the parking spaces lost.
Valet Operations
Valet drop off and pick up shall occur on -site. Valet pick up and drop off is prohibited in
the public right -of -way.
Valet attendants shall use the crosswalk when crossing West Coast Highway and shall
obey all traffic laws while transporting vehicles to and from the off -site parking area.
The approved valet/parking plan shall be implemented by the applicant or future
operator of the restaurant at all times. Adequate valet personnel shall be provided to
eliminate queuing onto West Coast Highway.
If the valet operations are insufficient to meet the needs of the proposed use, then the
valet operations and Parking Management Plan will need to be modified and reviewed
by the City Traffic Engineer and Community Development Director.
67
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Attachment No. PC 6
Approved Tenant Improvement Plans for
The House from 2021
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71
72
73
74
75
76
77
78
Attachment No. PC 7
Approved Plans from UP2011-001
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82
Attachment No. PC 8
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;
85
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
86
Attachment No. 1
The House Advertisements
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90
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Attachment No. 2
Email Correspondence from December 6, 2022
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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
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Attachment No. 3
Email Correspondence from August 10, 2021
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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
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Attachment No. 4
Approved Plans from Use Permit
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APR 2 s 2011 I SEATING EMPOYEE COUNT
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C[T}' OP NEWPORT RFACA 8R = 10
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Attachment No. PC 9
Notice of Violation from Department of
Alcoholic Beverage Control
105
INTENTIONALLY BLANK PAGE106
107
September 7, 2023, Planning Commission Item 2 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 2. THE HOUSE CONDITIONAL USE PERMIT (PA2023-0143)
The relatively recently adopted City Charter Section 713(e) authorizes the Planning Commission
to refer applications to the Harbor Commission for advice and recommendations from them.
This would appear to be a case in which such a referral would be appropriate, since setting
dock use restrictions is the Harbor Commission’s province.
Although it may have been registered as a “vessel,” the 30x30’ float at issue appears
engineered to serve as a floating patio, and (since it entirely fills the opening) could not leave its
berth without the cooperation of all other boats using the dock (alternatively, if it were fastened
near the harbor end of the U-shaped dock, no other boats could enter the U).
Whatever conditions are placed on the Conditional Use Permit, it is very hard to believe the
“Leilani Rose” will not continue to serve as an extension of the private supper club. As pointed
out at the August 3 hearing from which this was continued, page 95 of the current agenda
packet contains a written promise from the operator to City staff, dated Dec. 6, 2022, to “not
serve food and beverage on the Leilani Rose,” followed by a Dec. 23, 2022, Notice of Violation
from an ABC agent citing consumption of alcohol on the “unlicensed barge patio.” It is not clear
from the notice if alcohol was being actively “served” on the “barge,” or if drinks purchased in
the licensed premises were only observed being consumed on it (in violation of the operator’s
“on-sale” license), but a claimed distinction between “serving” and “consuming” would appear to
continue to allow patrons to consume their purchased food and non-alcoholic beverages (as
well as alcoholic beverages purchased elsewhere) as “personal guests” on the operator’s
personal patio-like vessel,.
At the very least, this commercial operation on the water would seem to need a Marine Activities
Permit.
However that may be, I have these comments about the resolution:
1.The applicant described in Section 1.1, although a licensed attorney, appears to be acting
as a lobbyist for the property owner or current tenant, but is not registered as a lobbyist.
2.In Section 1.4, a comma is missing after “The House (“Restaurant”).”
3.Section 3.A does not address consistency with the Harbor & Bay Element of the General
Plan.
4.Section 3.B does not address consistency with Title 17 of the Municipal Code (the Harbor
Code).
5.It is not clear why Section 3.C.1 says “The Property is located within a nonresidential
zoning district.” It was previously established that it is in a mixed-use district.
6.In Section H.1, “cross walk” should be “crosswalk.”
Planning Commission - September 7, 2023 Item No. 2a - Additional Materials Received The House Conditional Use Permit Amendment (PA2023-0143)
September 7, 2023, PC agenda Item 2 comments - Jim Mosher Page 2 of 2
7. Conditions 12, 14, 22 and 76 refer to “The permitted docked vessel.” As best I can tell there
is no explanation or description of what docked vessel this is referring to, or what the
“additional vessels” of Condition 11 would be additional to.
8. Conditions 25 and 26 do not seem relevant if no construction is allowed. Most of conditions
46-53 likewise seem relevant only to already-built construction.
9. Conditions 69-85 do not appear to be Police Department conditions, and many repeat
earlier conditions.
Although not essential to the resolution, it might also be noted there is a possible discrepancy
between the existing and proposed parking situation as described in Table 1 in the staff report
versus the Applicant’s Project Request (Attachment PC 2). Table 1 indicates there are currently
12 on-site and 20 off-site parking spaces; Attachment PC 2 suggests that while that is the
requirement, there are currently 12 on-site and 32 off-site spaces.
Planning Commission - September 7, 2023 Item No. 2a - Additional Materials Received The House Conditional Use Permit Amendment (PA2023-0143)
THE HOUSE 2601 WEST COAST HWY
Use Permit Amendment (PA2023-0143)
Planning Commission Public Hearing
September 7, 2023
David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
PROJECT LOCATION
2
The House
Lot Area: 12,000 SF
Building Size: 3,987 SF
On-site parking: 12 spaces
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
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.
•August 3, 2023: Annual Review of The House. Discussion of violations and paths forward. Item continued to September 7 PC.
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
UP2011-001 PARKING CONSIDERATIONS
4
•Since there are only 12 on-site parking spaces, UP2011-001 included 11 space waiver
•Parking management plan included off-site parking agreement, and valet plan
•Additional conditions added for employee parking pass requirements and open dock slips for patron use:
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.
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
CONDITION 65 VIOLATION
5
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
OTHER 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 - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
PURPOSE OF REQUESTED AMENDMENT
7
•Remove Condition 65, which restricts the use of boat slips at all times for exclusive use by patrons
•Add conditions to limit the use of the vessel and ensure that it is not an extension of the restaurant
•Approval of the amendment would supersede UP2011-001
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
PROPOSED OPERATION
8
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
20 off-site
(2615 Avon)
Alcohol License Type 47 (On-Sale, General)Type 47
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
CHANGES IN PARKING DEMAND
9
Previously Approved Operational Conditions
Net Public Area Outdoor Dining Area Parking Ratio Required Spaces*
1,719 sq. ft. 429 sq. ft. 1 per 40 sq. ft. NPA 32
Current Operational Conditions
Net Public Area Outdoor Dining Area Parking Ratio Required Spaces*
1,364 sq. ft. 380 sq. ft. 1 per 40 sq. ft. NPA 25
•7 space reduction in parking demand
•Supports the reduction in number of boat slips for patrons
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
CONTINUATION OF PARKING MANAGEMENT PLAN
10
•12 on-site parking spaces, 20 off-site parking spaces
•Off-site parking lot at 2615 Avon Street
•Valet service
•Condition 23 of draft resolution: Employees to obtain annual parking permits at the Mariners’ Mile parking lot
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
ALCOHOL SERVICE
11
•Type 47 ABC license was originally permitted for Josh Slocum’s Restaurant in 2004
•Type 47 ABC license permitted for Dry Dock Restaurant in 2011
•Use Permit amendment is not a substantial change to the establishment
•No change in ABC license
•No additional floor area dedicated to alcohol sales
•Conditions of approval carried over from UP2011-001
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
CONDITIONAL USE PERMIT FINDINGS
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•Restaurant use is consistent with MU-W2 category
•Vessel location is located in Tidelands and Submerged Lands (TS) General Plan and LCP categories. Storage of vessels is consistent with TS category and common along Mariners’ Mile
•Reduction in parking demand supports reduction in number of boat slips for patrons
•Conditions added to ensure the vessel is not utilized as an extension of the restaurant.
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
PROPOSED CONDITIONS OF APPROVAL
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•Condition 11 (modified from former Condition 65): 50 percent of boat slips shall be available for use by the patrons.
•Condition 8 (modified): The interior net public area shall be limited to 1,364 square feet and the outdoor dining area shall be limited to 380 square feet.
•Condition 12 (new): The permitted docked vessel maintained in a sea-worthy and operating condition and have current registration or certificate of documentation.
•Condition 13 (new): No commercial charters from the boat dock.
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
PROPOSED CONDITIONS OF APPROVAL
14
•Condition 14 (new): Vessel not be used as an extension of the restaurant.
•Condition 15 (new): No food or drink service on vessel.
•Condition 16 (modified): Live entertainment prohibited on docked vessels.
•Condition 18 (modified): No dancing on vessel.
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
REMOVAL OF ANNUAL REVIEW
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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 has adequate Code and Harbor Enforcement to ensure appropriate usage of vessel
•Worked with Harbor Enforcement on appropriate conditions
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
RECOMMENDATION
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1)Conduct a public hearing;
2)Find this review exempt from CEQA under Class 1 (Existing Facilities); and
3)Adopt Resolution No. PC2023-032, approving a conditional use permit (as revised).
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)
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QUESTIONS AND DISCUSSION
David Lee, Senior Planner
949-644-3225, dlee@newportbeachca.gov
Planning Commission - September 7, 2023 Item No. 2b - Additional Materials Presented at Meeting by Staff The House Conditional Use Permit Amendment (PA2023-0143)