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HomeMy WebLinkAbout1667 - APPROVE UP_850 SAN CLEMENTE DRIVE.RESOLUTION NO. 1667 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -017 (PA2005 -086) FOR PROPERTY LOCATED AT 850 SAN CLEMENTE DRIVE WHEREAS, an application was filed by The Patina Group Newco, Inc. with respect to property located at 850 San Clemente Drive and legally described as Parcel 2 of Resubdivision No. 501, requesting approval of Use Pen-nit No. 2005 -017 to authorize the sale of alcoholic beverages (beer and wine) for on -site consumption at a cafe located within the Orange County Art Museum pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). WHEREAS, a public hearing was held on June 9, 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 Government, Educational and Institutional Facilities. Eating and Drinking Establishments as accessory uses with alcoholic beverage sales are a permitted use within this designation. Section 2. The Eating and Drinking Establishment is located within the San Joaquin Plaza Planned Community and is permitted as an accessory use to the museum. 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 to the museum use and 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. Page 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 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 beer and wine in conjunction with a small cafe that is an accessory use to the museum. 2. The service of beer and wine will not significantly change the operational characteristics of the cafe or museum 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 San Joaquin Plaza Planned Community District. 4. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. 5. There are no sensitive uses such as day care centers, schools, or park and recreation facilities in the vicinity of the project site. 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 -017, 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. _ Paoe 3 of 5 PASSED, APPROVED AND ADOPTED THIS 9th DAY OF JUNE 2005. AYES: Eaton, Cole, Toerge, Tucker Selich, McDaniel and Hawkins NOES: None BY: Larry Tucker, Chairman BY: J e, Seo ry City of Newport Beach Planning Commission Resolution No. _ Page 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005 -017 1. The development shall be in substantial conformance with the approved plans dated April 8, 2005. 2. Use Permit No. 2005 -017 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, expansion in area 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. The caf6 is not permitted to operate as a bar or lounge. 10. Full menu food service items shall be available for ordering at all times that the restaurant establishment is open for business. City of Newport Beach Planning Commission Resolution No. Page 5 of 5 11. 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. 12. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 13. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 14. The quarterly gross sales of alcoholic beverages in the approved restaurant shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police and /or Planning Department on demand. 15. There shall be no cover charge, prepayment or requirement to purchase a minimum number of alcoholic beverages. 16. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 17. Coin operated games, pool tables or similar game activities or equipment are not permitted.