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HomeMy WebLinkAbout20190808_PC_MinutesABSTAIN: Koetting ABSENT: Lowrey, Kleiman VIII. PUBLIC HEARING ITEMS ITEM NO. 3 THE DOCK CONDITIONAL USE PERMIT (PA2109-075) Site Location: 2816 Lafayette Avenue Summary: Planning Commission Minutes August 8, 2019 A conditional use permit to allow a Type 47 (On-Sale General -Eating Place) alcoholic beverage control license at an existing food service establishment. The Dock currently operates with a Type 41 (On-Sale Beer and Wine) alcoholic beverage control license with hours of operation from 6:00 a.m. through 11 :00 p.m., daily. The existing establishment consists of 1,060 square feet of net public area, including a 597- square-foot covered outdoor patio fronting the Rhine Channel. No change to hours of operation and no physical interior or exterior alterations are proposed. The Applicant also requests a continuation of historical parking reductions. If approved, this use permit would supersede Use Permit No. UP3578. Recommended Action: 1. Conduct a public hearing; 2. Find this project 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. PC2019-022 approving Conditional Use Permit No. UP 2019-023. Associate Planner Chelsea Crager reported the applicant proposes to upgrade its ABC license from a Type 41 license to a Type 47 license in order to serve distilled spirits in conjunction with the restaurant use. The applicant also requests a continuance of the existing parking reductions. The Dock is located in Cannery Village, a mixed-use area, and some on-street parking is available in front of the restaurant. In 1971, a take- out restaurant was located on the subject site, and an apartment was located above the restaurant. In 1996, the restaurant expanded and added the sale of beer and wine. In 2005, the restaurant expanded a second time and received a parking waiver. When the original restaurant was established in the 1970s, the Zoning Code did not require parking for the use. The Dock contains 1,060 square feet of net public area, including the 597-square-foot dining area with 47 seats. The restaurant's current entitlement allows operations between the hours of 6:00 a.m. and 11 :00 p.m. daily. The restaurant does not provide live entertainment, dancing, or on-site parking. The applicant does not propose any physical changes to the restaurant. A municipal parking facility with 44 parking spaces is located approximately 360 feet from the restaurant. Staff recommends approval of the application. Commissioner Koetting expressed concern about the applicant's ability to sell alcohol at 6:00 a.m. when residences are located nearby. He asked about the status of the public parking lot near the project site. In response to his question, Associate Planner Crager advised that she did not observe the public parking facility in Cannery Village filled to capacity during site visits. Commissioner Rosene disclosed he has driven past the site. Commissioner Klaustermeier disclosed she has driven by the site and had some email correspondence with the applicant's consultant. Commissioner Koetting disclosed he has spoken with the applicant's consultant and visited the site. Commissioner Ellmore disclosed he has received no correspondence. Vice Chair Weigand disclosed a discussion with the applicant's consultant regarding the restaurant's operation and the new license. Vice Chair Weigand opened the public hearing. Cora Newman, applicant's consultant, indicated the applicant has reviewed the staff report and the police report and agrees with the conditions of approval. The police report indicates there have been no alcohol incidents at the restaurant. The dock at the rear of the restaurant has space for two Duffys. The Dock has had to deny its customers' requests for cocktails because of the lack of a Type 47 license. The applicant is not proposing an intensification of use, entertainment, or a bar. 2 of 7 Planning Commission Minutes August 8, 2019 Christine Overstreet, applicanUowner, shared the history of her ownership of the property. Many customers walk, ride bikes, and take tenders and Duffys to the restaurant. Area businesses, dignitaries, and celebrities patronize the restaurant. In reply to Commissioner Koetting's inquiries, Ms. Overstreet explained that she uses the upstairs residence as an office. The Dock's Sunday brunch is offered from 10:30 a.m. to 3:30 p.m. The Dock does not serve lunch during the week but occasionally serves breakfast for private events only. If the Planning Commission wishes to change the hours for alcohol service, she requested a start time of 8:00 a.m. so that alcohol may be served for private events. With recent residential development in the area, The Dock may begin serving lunch Wednesday through Friday if it made sense to do so. She and her husband dock their boat at the restaurant dock. The dock can accommodate three Duffys, and reservations are taken for the dock spaces. Vice Chair Weigand closed the public hearing. In answer to Commissioner Koetting's query, Associate Planner Crager reported Condition of Approval No. 12 requires the applicant to comply with the Building Code if the applicant makes any interior improvements. In response to Commissioner Ellmore's inquiry, Associate Planner Crager clarified that the conditions of approval associated with the existing conditional use permit are incorporated into the proposed use permit so that the proposed permit, if approved, will be the only use permit applicable to the restaurant. Therefore, the proposed use permit contains the standard conditions of approval for a restaurant. Vice Chair Weigand remarked that Conditions of Approval Nos. 15 and 19 limit the future use of the site should the existing operator cease to exist. Therefore, he was comfortable allowing the applicant to serve alcohol beginning at 6:00 a.m. consistent with the current hours of operation. Motion made by Commissioner Koetting and seconded by Commissioner Ellmore to approve staffs recommendation. AYES: Weigand, Ellmore, Klaustermeier, Koetting, and Rosene NOES: RECUSED: ABSENT: ITEM NO. 4 Lowrey, Kleiman SAGEMODERN LIVE-WORK DEVELOPMENT (PA2018-232) Site Location: 502 and 504 West Balboa Boulevard Summary: The applicant requests a coastal development permit and a minor site development review to demolish an existing two-story, mixed-use building and surface parking lot and construct two new live-work units. As part of the project, the applicant also requests approval of a variance to waive or modify Newport Beach Municipal Code (NBMC) Section 20.48.130 to allow reduction of the required 25-foot depth of nonresidential uses on the ground floor to a depth of 18 feet 4 inches. The project includes hardscape, landscape, and subsurface drainage facilities and the design complies with other applicable development standards. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2019-023 approving Coastal Development Permit No. CD2018-105, Minor Site Development Review No. SD2018-006, and Variance No. VA2018-007. Associate Planner Crager reported the project is two individual live/work units, which means the first floor is a non- commercial use, the upper floors are a residence, and one tenant occupies all floors. The applicant requests a variance for the nonresidential depth on the first floor. The project site is located on the Balboa Peninsula. Across 3 of 7