HomeMy WebLinkAboutPA2023-0143_20230810_Project Description - Use Permit No. UP2011-001 Amendment
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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);
• 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