HomeMy WebLinkAbout2.0_The House Conditional Use Permit Amendment_Staff Presentation_PA2023-0143THE 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
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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
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•1968: Restaurant use established. No use permit required.
•2004: PC approved UP2003-036 for Josh Slocum’s Restaurant and nightclub with Type 47 ABC license and late hours.
•2011: PC approved UP2011-001 for Dry Dock restaurant. Includes waiver of 11 parking spaces. Subsequently operated by DivBar, Pizza Nova, and Mama’s. Includes requirement for annual review.
•2021: The House began operation pursuant to UP2011-001, subject to all conditions of approval.
•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
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•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
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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
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•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
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Approved by UP2011-001 Current Operation
Hours of Operation 11 a.m. to 11 p.m., Mon. – Fri.
9 a.m. to 11 p.m., Sat. – Sun.
Closed Mon. & Tues.
Noon to 11 p.m., Wed. – Fri.
11 a.m. to 11 p.m., Sat. – Sun.
Net Public Area 1,719 sq. ft. (max)1,364 sq. ft.
Outdoor Dining Area 429 sq. ft. (max)380 sq. ft.
Parking 12 on-site
20 off-site
(2615 Avon)
12 on-site
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
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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
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•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
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•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
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•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)