HomeMy WebLinkAbout2008-36 - Newport Beach Brewing Company - PA2006-177RESOLUTION NO. 2008- 36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH MODIFYING RESOLUTION
NO. 2007 -57 TO AMEND CONDITION NO. 6 AND ADD
CONDITION NO. 28 TO USE PERMIT NO. 3485 FOR THE
NEWPORT BEACH BREWING COMPANY LOCATED AT
2920 NEWPORT BOULEVARD (PA 2006 -177).
WHEREAS, on August 14, 2007, after a duly noticed public hearing held on July
10, 2007, City Council adopted Resolution No. 2007 -57 modifying and adding
conditions of approval for Use Permit No. 3485.
WHEREAS, on May 13, 2008, City Council held a duly noticed public hearing to
consider amending Condition No. 6 and to add a new condition (Condition No. 28) as
provided for in a Settlement Agreement between the City and the Newport Beach
Brewing Company. The notice was published, mailed and posted a minimum of 10 days
in advance of the hearing in accordance with the applicable requirements of the
Municipal Code. Evidence both written and oral was presented to and considered by the
City Council.
WHEREAS, amending Condition No. 6 to allow use of the net public area before
5:00 p.m. on Saturday and Sunday will not create a significant parking conflict as the
office uses located on the second floor of the building are typically closed. The Newport
Beach Brewing Company has also agreed to limit the service of distilled spirits on
Saturday and Sunday within the portion of the restaurant/brewery that is closed before
5:00 p.m. during the week. Allowing these changes to the conditions of approval will not
be detrimental to the public health, safety and general welfare.
WHEREAS, adding Condition No. 28 acknowledges that the Newport Beach
Brewing Company may apply for special event permits and that the City is under no
obligation to approve any applications. It also acknowledges that should the City choose
to approve a special event permit, the approval of the special event permit(s) will not
require the approval of an amendment to Use Permit No. 3485. This condition is
consistent with the Municipal Code.
WHEREAS, the modification and addition to the conditions of approval as
described above are exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the Guidelines for the
Implementation of CEQA as they involve operational alterations of an existing facility
where no expansion of the use occurs. No expansion of the use occurs with changes to
the conditions as proposed.
NOW, THEREFORE, BE IT RESOLVED
Section 1. City Council Resolution No. 2007 -57 is hereby amended by amending
Condition No. 6 to read:
"6. The net public area of the restaurant/brewpub, which is devoted to daytime use
prior to 5:00 p.m. shall be limited to 1,500 square feet Monday through Friday.
This restriction specifically excludes Saturday and Sunday when parking
spaces devoted to office uses are not necessary. The balance of the net public
area shall be physically closed off to the public by a fixed barrier and shall not
be used until after 5:00 p.m. Monday through Friday (the "Weekday Closure
Area "). Distilled spirits shall not be served within the Weekday Closure Area on
Saturday and Sunday before 5:00 p.m."
Section 2. City Council Resolution No. 2007 -57 is hereby amended by adding
Condition No. 28 to read:
"28. Newport Beach Brewing Company may apply for at least three special event
days per calendar year. City shall not be obligated to approve such special
events permits, but if the City does approve a special event permit, the approval
of the special event permit(s) shall not require the approval of an amendment to
this permit."
Section 3. This resolution shall take effect immediately upon adoption. Passed and
adopted by the City Council of Newport Beach at a regular meeting held on the May 13,
2008 by the following vote to wit:
AYES, COUNCIL MEMBERS
Henn, Rosansky, Daigle, Curry,
Gardner, Mayor Selich
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBE Webb
ATTEST:
MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2008 -36 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
13th day of May 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Curry, Gardner, Mayor Selich
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of May 2008.
(Seal)
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City Clerk
Newport Beach, California