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HomeMy WebLinkAbout1554 - APPROVE UP_401 NEWPORT CENTER DRIVERESOLUTION NO. 1554 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -001 (PA2002 -006) FOR PROPERTY LOCATED AT 401 NEWPORT CENTER DRIVE, #A 100 THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Beverages & More, Inc., with respect to property located at 401 Newport Center Drive, #A100 and legally described as Parcel 2 of PM 221 -30, requesting approval of Use Permit No. 2002 -001 to open a retail alcohol sales establishment with on -site wine tasting, within the Atrium Court portion of Fashion Island. Section 2. A public hearing was held on March 21, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The proposed location of the alcoholic retail sales establishment needing this use permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The use permit pertains to an alcoholic retail sales with ancillary on -site wine tasting establishment to be opened in a building that is designated and zoned for this activity. The use has been conditioned in such a manner to minimize the impacts associated with sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. The applicant does not propose a use that would change the operational characteristics of the site and could result in additional parking demand. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: a. The convenience of the public can be served by the sale of desired beverages in a retail market setting. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use. City of Newport Beach Planning Commission Resolution No. Pase 2 of 3 C. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County -wide data. d. The percentage of alcohol - related arrests in the police reporting district in which the project is proposed is lower than the percentage citywide. Retail sales and minor on -site consump- tion (wine tasting) is not expected to increase alcoholic related crime. e. There are no residences, day care centers, schools, or park and recreation facilities in the vicinity of the of the project site. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class I (Minor alteration of existing structures). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2002 -001, subject to the Conditions set forth in Exhibit "A." Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 21st DAY OF MARCH, 2002. AYES: McDaniel, Agajanian, Tucker and Gifford EXCUSED: Kiser, Kranzley and Selich BY:� l Larry Tucker, Chairman B Earl McDaniel, Secretary City of Newport Beach Planning Commission Resolution No. Pace 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002-001 The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated July 13, August 28 and December 11, 2001 respectively. 2. Use Permit No. 2002 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the Uniform Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the Orange County Health Department is required prior to permit issuance. 4. The wine tasting area shall have adequate barriers as required by the California State Department of Alcoholic Beverage Control. Wine tasting shall be limited to beer and wine only; the tasting of hard spirits is prohibited. In addition, the wine tasting area shall not exceed eleven (11) square feet in area, and total gross receipts related to the wine tasting operation shall at no time exceed ten (10) percent of the total gross receipts for the business. 5. Hours of operation shall be from 10:00 AM to 9:00 PM, Monday through Friday; from 9:00 AM to 9:00 PM, on Saturdays; and from 10:00 AM to 7:00 PM on Sundays. With the exception that the hours may be extended to 9:00 AM to 10:00 PM seven days a week from November 15 to January 1 each year. 6. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body which the State may designate. The establishment shall comply with the requirements of this condition within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 7. That any change in operational characteristics, hours of operation, expansion in area, including expansion of the wine tasting area or operation characteristics, or other modification to the floor plan, shall require amendment to this Use Permit or the processing of a new Use Permit. s. Should this business be sold or otherwise come under different ownership or a change in operators, any future owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent.