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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) vxVV —& /r/• g'-&' City Clerk Newport Beach, California