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RESOLUTION NO. PC2021-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, APPROVING USE PERMIT NO. UP2020-038 TO ALLOW A WINE TASTING ROOM LOCATED AT 869 WEST 16TH STREET (PA2020-082) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS <br />FOLLOWS: <br /> SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Flamingo Reds LLC dba Orange Coast Winery (“Applicant”), <br />with respect to property located at 869 West 16th Street, and legally described as Lot 913 of Newport Mesa Tract (“Property”). 2. The Applicant requests a conditional use permit to establish a wine tasting room, Orange Coast Winery, with 1,280 square feet of net public area, including a Type 2 (Winery) <br />Alcoholic Beverage Control (ABC) license (“Project”). Proposed hours of operation are 5:00 p.m. to 9:00 p.m. Monday through Friday and 12:00 p.m. to 9:00 p.m. Saturday and Sunday. There will be no live entertainment or dancing. 3. The Property is categorized IG (General Industrial) by the General Plan Land Use Element <br />and is located within the IG (Industrial) Zoning District. 4. The Property is not located within the coastal zone. 5. A public hearing was held on November 18, 2021, in the Council Chambers at 100 Civic <br />Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. <br /> SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California <br />Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical <br />equipment, or topographical features, involving negligible or no expansion of use. The Project does not include any interior or exterior alterations to the existing eating and drinking establishment. No increase of gross floor area or net public area would occur with the approval of the requested amendment.