HomeMy WebLinkAboutPC2023-032 - 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, ANRESOLUTION 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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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 crosswalk, 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: Barto, Ellmore, Harris, and Salene
NOES: Rosene ABSTAIN: None
ABSENT: Langford and Lowrey
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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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. 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. 71. 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.
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72. 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.
73. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). 74. 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.
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