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FINDINGS
Minor Use Permit
A.The use is consistent with the General Plan and any applicable specific plan.
1.The Land Use Element of the General Plan identifies the location of the proposeddepartment store café as being Regional Commercial (CR), which is intended for a
wide range of retail, entertainment, service, and supporting uses to serve local and
regional residents. The proposed department store café with alcohol beverage sales willserve local and regional residents and is consistent with land uses in the CR land usedesignation.
2.The subject property is not a part of a specific plan area.
B.The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
1.The proposed department store café will be located in the Fashion Island sub-area ofthe North Newport Center Planned Community (NNCPC) Zoning District. FashionIsland is intended to be a regional retail and entertainment center that is a day/evening
destination with a wide variety of use that will serve visitors, residents, and employees
of the area. An eating and drinking establishment with alcoholic beverage sales is acommercial use that serves visitors, residents, and employees in the area and isconsistent with the purposes of the North Newport Center Planned Community District.
2.Eating and drinking establishments are permitted uses within the Fashion Island
Subarea of the North Newport Center Planned Community District. Pursuant to the
Planned Community Text, the on-site sale of alcohol in conjunction with an eating anddrinking establishment requires a minor use permit.
C.The design, location, size, and operating characteristics of the use are compatible with theallowed uses in the vicinity.
1.The Fashion Island sub-area permits a range of retail, dining, and commercial uses
within the PC-56 Zoning District. The proposed department store café will provideindoor and outdoor dining which will be compatible with surrounding permittedcommercial uses in the vicinity and there are no sensitive land uses located nearby.There are other department store cafés in Fashion Island, such as the Bloomingdale’s
and Nieman Marcus department stores.
2.Outdoor dining areas are an approved ancillary use for eating and drinkingestablishments. The proposed outdoor dining area for the proposed department storecafé will be comparable to other restaurants in Fashion Island such as Bloomingdale’sand Nieman Marcus.
3. The proposed hours of operation for the proposed department store café are 10 a.m. to
9p.m. daily and are comparable or less than other eating and drinking establishmentsin Fashion Island and will complement those of other businesses operating in the area.
4.The on-site consumption of alcoholic beverages will be incidental to the eating anddrinking establishment and the department store operation.
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D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle (e.g., fire and medical) access and
public services and utilities.
1. The Fashion Island Shopping Center parking rate for Fashion Island is three parking spaces per 1,000 square feet of gross floor area. Adequate parking and circulation are provided within the surface parking and parking structures on site.
2. The site provides adequate public and emergency vehicle access. The utilities provided
meet all applicable requirements.
3. .
4. The restaurant remodel with comply all Building, Public Works, and Fire Codes. The applicant will comply with all ordinances of the City and all the minor use permit conditions of approval.
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.
1. Fashion Island management has historically provided efficient on-site security and
cooperates with the Newport Beach Police Department.
2. The existing establishment provides alcohol service as a public convenience to visitors and worker within the surrounding area.
3. The applicant is required to obtain Health Department approval for the planned remodel, and comply with the California Building Code to ensure the safety and
welfare of customers and employees within the establishment.
F. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the
Zoning Code.
1. The Land Use Element of the General Plan designates the project site as CR, which is intended to provide retail, entertainment, service, and supporting uses that serve local
and regional residents. The proposed department store café with alcoholic beverage
sales will help to improve a use that serves local and regional residents and is consistent with this land use designation.
2. The project is located in the Fashion Island Subarea of the PC-56 Zoning District. Fashion Island is intended to be a regional retail and entertainment center and a
day/evening destination with a wide variety of uses that will serve visitors, residents,
and employees of the area. The eating and drinking establishment with alcoholic beverage sales will continue a commercial use that serves visitors, residents, and employees and, therefore, is consistent with the purposes of the North Newport Center Planned Community District for the Fashion Island Subarea.
3. Eating and Drinking Establishments are permitted uses within the Fashion Island
Subarea of the North Newport Center Planned Community Zoning District. Pursuant to the Planned Community Text, the sale of alcohol in conjunction with an eating and drinking establishment requires the approval of a minor use permit.
PA2021-293