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HomeMy WebLinkAbout1666 - APPROVE UP_401 NEWPORT CENTER DRIVE-SUITE A106RESOLUTION NO. 1666 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -014 (PA2005 -061) FOR PROPERTY LOCATED AT 401 NEWPORT CENTER DRIVE, SUITE A106 WHEREAS, an application was filed by Red Rock Chili Company, with respect to property located at 401 Newport Center Drive, Suite A106 and legally described as Parcel 3 of Resubdivision No. 836, requesting approval of Use Permit No. 2005 -014 to authorize the sale of alcoholic beverages (beer and wine) for on -site consumption at a restaurant located within Atrium Court at Fashion Island the pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). WHEREAS, a public hearing was held on May 19, 2005 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. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Now, therefore the Planning Commission hereby finds and resolves as follows: Section 1. The Land Use Element of the General Plan designates the site as Retail and Service Commercial. Eating and Drinking Establishments with alcoholic beverage sales are a permitted use within this designation. Section 2. The Eating and Drinking Establishment is located within the Fashion Island Planned Community District and is a permitted use. The service of alcoholic beverages for on -site consumption is subject to the approval of a use permit pursuant to the Alcoholic Beverage Ordinance. Section 3. The alcoholic beverage service complies with, and is consistent with the purpose and intent and Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: 1. The convenience of the public can be served by the sale of desired beverages, in conjunction with a restaurant of this type, that is complementary to surrounding uses within Fashion Island. Beer and wine service is typical and expected by the public in this type of restaurant setting. 2. The crime rate in the police reporting district, and adjacent reporting districts, is not likely to increase as a result of the proposed use. 3. The number of alcohol licenses within the reporting district is not significantly high given the nature of the land uses in the district. 4. The percentage of alcohol - related arrests in the police reporting district, in which the project is proposed, is lower than the percentage citywide. Minor on -site consumption is not expected to increase alcoholic related crime. City of Newport Beach Planning Commission Resolution No. Paoe 2 of 5 5. The plans meet the design and development standards for alcoholic beverage sales. 6. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. 7. There are no sensitive uses such as residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. Section 4. The project will not be detrimental to the public health, safety, peace, 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 for the following reasons: 1. The use permit pertains to the on -site consumption of alcoholic beverages in conjunction with a restaurant to be opened in a building that is designated and zoned for this activity. 2. The applicant does not propose a use that would change the operational characteristics of the site that would result in an additional parking demand. 3. The operational characteristics of the proposed use are consistent with Municipal Code requirements, specifically Chapter 20.89 (Alcoholic Beverage Outlets Ordinance), and the requirements of the Fashion Island Planned Community District. Section 5. The project is exempt from environmental review pursuant to Section 15302 (Class 1) of the implementing guidelines of the California Environmental Quality Act. This exemption covers permitted uses in existing buildings where no physical changes are occurring with the implementation of the project. Section 6. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2005 -014, subject to the conditions set forth in Exhibit "A ". Section 7. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal to the City Council is filed with the City Clerk in accordance with the provisions of Chapter 20.95 (Appeals) of the Newport Beach Municipal Code. City of Newport Beach Planning Commission Resolution No. Paae 3 of 5 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MAY 2005. AYES: Eaton, Cole, Toerge, Tucker, Selich, McDaniel and Hawkins NOES: None BY: 'j Larry Tucker, Chairman % BY: e' G� J ole, Secretary City of Newport Beach Planning Commission Resolution No. Paoe 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005 -014 1. The development shall be in substantial conformance with the approved plans dated May 19, 2005. 2. Use Permit No. 2005 -014 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 shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 4. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 6. 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 California Building Code. 7. That any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or other modification to the floor plan, may require an amendment to this Use Permit or the processing of a new Use Permit. 8. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 9. This Use Permit shall be terminated if the operation is no longer maintained as a bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 10. 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 City of Newport Beach Planning Commission Resolution No. Page 5 of 5 certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section 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. 11. Full menu food service items shall be available for ordering at all times that the restaurant establishment is open for business. 12. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 for beer and wine service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The sale for off -site consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 13. The operator shall serve alcoholic beverages (beer and wine) in containers that significantly differ in appearance from those containers utilized by any other licensee located in the lower level of the Atrium Court at Fashion Island. 14. Signs shall be posted designating the area where alcoholic beverages can be consumed, as required by the State Department of Alcoholic Beverage Control (ABC and no alcoholic beverages shall be taken in beyond said area.