Loading...
HomeMy WebLinkAbout1722 - APPROVIE UP_110 TUSTIN AVERESOLUTION NO. 1722 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -006 TO ALLOW AN OFF -SALE ALCOHOLIC BEVERAGE OUTLET IN THE FORM OF A SPECIALTY RETAIL WINE SHOP FOR THE PROPERTY LOCATED AT 110 TUSTIN AVENUE (PA2007 -049) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Rick Webster with respect to property located at 110 Tustin Avenue and legally described as Lot 16 of Tract No. 1133 requesting approval to operate a specialty retail wine shop with a Type 21 (Wine, Beer, and Distilled Spirits) Alcohol Beverage Control (ABC) License; and WHEREAS, a public hearing was held on May 17, 2007, in the City Hall Council Chambers, at 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; and WHEREAS, the General Plan land use category for this site is Mixed Use Horizontal (MU -H1) which provides for a horizontal intermixing of commercial and residential uses. This designation is intended to provide retail uses that will serve the upland residential neighborhoods north of West Coast Highway to foster pedestrian activity; and WHEREAS, the site is located in the Specific Plan #5 (Mariner's Mile) District with a land use designation of Retail Service Commercial [SP -5 (RSC)] which is intended to provide for uses which are predominantly retail in character. The wine shop is a permitted use in this district by determination of the Planning Director; and WHEREAS, the Police Department has advised that Reporting District 26 has a lower concentration of ABC licenses than the surrounding Reporting Districts and is not in an area where the number of crimes are 75% higher than all City Reporting Districts and has not reported any calls for service at the applicant's current location; and WHEREAS, consistent with required findings for approval of a Use Permit as set forth in Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are made: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purpose of the district in which the site is located. Facts in Support of Finding: a. The project is located in the Retail Service Commercial (RSC) district of the Mariner's Mile Specific Plan (SP -5) which is intended to provide an active pedestrian oriented retail district. City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 5 b. Specialty retail wine shops are a permitted use by the determination of the Planning Director. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be 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. Facts in Support of Finding: a. The General Plan land use category for this site is Mixed Use Horizontal (MU -H1). The MU -H1 category is intended to accommodate retail uses that will serve the upland residential neighborhoods north of West Coast Highway. b. The principal uses of the specialty retail wine store will not be detrimental to the site or to the community based upon information received at the hearing and information provided by the Police Department. c. The proposed hours of operation of the specialty retail wine stop will not significantly change characteristics of the existing commercial area. 3. Finding: That the proposed use will comply with the provisions of this Code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: a. The project has been conditioned to comply with the development and operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage Outlets) of the Municipal Code as they relate to the operation of the proposed project. b. The project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible. Therefore the project meets the purpose and intent of Chapter 20.89 of the Municipal Code by preserving a healthy environment for residents and businesses. WHEREAS, the project has been reviewed, and it has been determined that it is categorically exempt pursuant to Section 15301 (Existing Facilities) of the Guidelines for Implementation of the California Environmental Quality Act. City of Newport Beach Planning Commission Resolution No. Pape: -o- 5 NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2007 -006, subject to the Conditions set forth in Exhibit "A." Section 2. 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 17th DAY OF MAY 2007. AYES: Eaton, Potter, Hawkins, Cole, McDaniel, Toerge and Hillgren NOES: None City of Newport Beach Planning Commission Resolution No. _ Page 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2007 -006 PROJECT SPECIFIC CONDITIONS 1. The development shall be built and operated in substantial conformance with the approved plot plan and floor plans, stamped and dated May 17, 2007. 2. Use Permit No. 2007 -006 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. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this retail business that would increase the expected occupancy beyond 15 patrons and 2 employees at any one time or for other activities requiring such Special Events Permit as set forth in the City of Newport Beach Municipal Code. 4. Hours of operation shall be from 11:00 a.m. to 6:00 p.m. on Sunday, 10:00 a.m. to 6:00 p.m. on Monday, and 9:30 a.m. to 7:30 p.m. Tuesday through Saturday. 5. Any changes in operational characteristics, hours of operation, expansion in area, or modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. STANDARD CONDITIONS 6. No live entertainment or dancing shall be permitted. 7. Should the business subject to the Use Permit conditioned herein 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. 8. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 9. 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. City of Newport Beach Planning Commission Resolution No. _ Page 5 of 5 10. No alcoholic beverages shall be consumed on the subject property or on any property adjacent to the licensed premises under the control of the licensee. 11. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 12. Applicant shall post signage precluding consumption of alcoholic beverages on site and precluding loitering 13. At least one employee on duty shall be at least 21 years of age. 14. There will be no coin operated amusement devices or video games on the premises. 15. Applicant will secure the premises with appropriate security lighting and employee scrutiny of the adjacent areas under which the applicant has control to preclude trash, graffiti or littering and any lighting under the control of the applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of neighbors. Applicant shall further provide adequate lighting above the entrance to the premises sufficient in the strength to make visible the identity and actions of all persons entering and exiting the premises. 16. The applicant shall maintain free of litter all areas of the premises under which applicant has control. 17. Any graffiti shall be painted over within 72 hours of discovery thereof.