HomeMy WebLinkAbout2049 - STE 102 AND 103, CUP AND OPERATOR LICENSE FOR LIDO BOTTLE WORKS, A FOOD SERVICE EATING AND DRINKING ESTABLISHMENT WITH TYPE 41 AND TYPE 20 ABC LICENSE AND LATE HOURS OF OPERATION - 3408 Via Oporto RESOLUTION NO. 2049
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH REVOKING USE PERMIT NO. UP1849,
ITS SUBSEQUENT AMENDMENT, OUTDOOR DINING PERMIT
NO. OD005, USE PERMIT NO. UP1906, PLANNING DIRECTOR'S
USE PERMIT NO, PDUP18, AND OUTDOOR DINING PERMIT NO.
OD45, LOCATED AT 3408 VIA OPORTO, SUITES 102 AND 103
(PA2016-102)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The City of Newport Beach with respect to property located at 3408 Via Oporto, Suites 102
and 103, and legally described as Parcel 1 of Parcel Map No. 59-17 (Resubdivision No.
416), consisting of Lots 16 through 21 in Tract 907, as shown on a map recorded in Book
47 Pages 39, of Miscellaneous Maps, records of Orange County, California, requests
revocation of nonoperational permits.
2. The City of Newport Beach and Eric Paine, representing Lido Bottle Works, LLC, requests
and supports revocation of Use Permit No. UP1849 and its subsequent amendment,
Outdoor Dining Permit No. OD005, Use Permit No. UP1906, Planning Director's Use
Permit No. PDUP18, and Outdoor Dining Permit No. OD45. These permits are
nonoperational and the uses authorized have been replaced by Conditional Use Permit
No. UP2016-027 for Lido Bottle Works approved on September 1, 2016.
3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning
District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water
Related).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. A public hearing was held on February 23, 2017, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15321 under Class 21 (Enforcement Activities 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.
Planning Commission Resolution No. 2049
Page 2 of 3
2. Class 21 includes the adoption of an administrative decision or order enforcing or revoking
the lease, permit, license, certificate or entitlement for use or enforcing the general rule,
standard, or objective. This request includes the revocation of nonoperational use permits
and discretionary approvals that have been superseded by a subsequent Conditional Use
Permit approval.
SECTION 3. FINDING.
In accordance with Section 20.68.050.B.4 (Legal Remedies) of the Zoning Code, a permit or
variance may be revoked or modified by the original review authority, if the review authority
first makes one of the required findings:
Finding:
A. The permit or approval was issued in error or circumstances under which the permit or
approval was granted have been modified to an extent that one or more of the findings
that justified the original approval can no longer be made and the public health, safety,
and welfare require the revocation or modifications.
Facts in Support of Finding:
1. The circumstances under which the use permits and outdoor dining permits were
originally approved have changed. The tenant suite has been modified so that these
approvals are no longer active and have been superseded by Conditional Use Permit
No. 2016-027 (PA2016-102).
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby revokes Use Permit No.
UPI 849 and its subsequent amendment, Outdoor Dining Permit No. OD005, Use Permit
No. UPI 906, Planning Director's Use Permit No. PDUP18, and Outdoor Dining Permit
No. OD45, which upon vesting of the rights authorized by Conditional Use Permit No.
UP2016-027 (PA2016-102), shall become null and void.
2. 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 in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
01-03-17
Planning Commission Resolution No. 2049
Page 3 of 3
PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF FEBRUARY, 2017.
AYES: Dunlap, Hillgren, Koetting, Weigand and Zak
NOES: None
ABSTAIN: None
ABSENT: Kramer, Lawler
BY: L
i ram r, Chairm n
BY:
—C
Peter Zak, Se reta
01-03-17