Loading...
HomeMy WebLinkAbout2060 - CUP - TOTAL WINE AND MORE WITH TYPE 42 ABC - 1280 Bison Ave RESOLUTION NO. 2060 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2017-004 TO ALLOW OPERATION OF A RETAIL USE WITH TYPE 21 (OFF SALE GENERAL — FULL LIQUOR) TYPE 42 (ON SALE BEER AND WINE PUBLIC PREMISE) AND TYPE 86 (INSTRUCTIONAL TASTING) ABC LICENSES LOCATED AT 1280 BISON AVENUE (PA2017-043) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by California Fine Wines and Spirits, LLC(dba Total Wine&More), ("Applicant")with respect to property located at 1280 Bison Avenue, and legally described as Lot 6 of Tract 12309 requesting approval of a conditional use permit. 2. The Applicant proposes a conditional use permit to allow the sale of beer, wine, and spirits for offsite consumption (Alcoholic Beverage Control (ABC) Type 21 License) and subordinate Type 86 License (Instructional Tasting) in a retail space with a separate tasting and education area. Additionally, a Type 42 ABC License (On-Sale Beer and Wine Public Premise) is requested to allow for tastings to be poured by store employees. 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the North Ford Planned Community(PC-5)Commercial Area 3 Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 6, 2017 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Categorical Exemption 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 Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption authorizes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves tenant improvements to Planning Commission Resolution No. 2060 Page 2 of 10 convert an animal retail store into a wine, beer, and spirits retail store with an ancillary tasting area. There will be no changes to the floor area of the structure nor the number of parking spaces required. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales) and NBMC 20.52.020(F) (Conditional Use Permits and Minor Use Permits) the following findings and facts in support of the findings are set forth: Alcohol Sales Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: 1. The purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is to maintain a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcohol establishments. Alcohol service is limited to small tastings intended for the convenience and enjoyment of customers shopping or attending education events at the retail store. Operational conditions of approval will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The subject property is located in a shopping center that is intended to serve the surrounding residential neighborhoods. The subject property is bound by Bison Avenue and single-family residential uses to the south, multi-family apartments to the north, industrial (self-storage) uses to the west, and MacArthur Boulevard and the Bluffs Shopping Center to the east. The business hours, operational characteristics, and floor plan have been limited to maintain the compatibility of the proposed use with surrounding land uses. 3. The subject property is located within Reporting District 36, which has at least a 20% higher crime rate as compared to the City of Newport Beach average. However, the majority of crime reported was not alcohol related. There were 35 calls for service in 2016, and none of those calls were related to the consumption of alcohol in the immediate area. 4. The concentration of active alcohol licenses within the subject property's census tract is low and the alcohol licenses and the type of alcohol service proposed is typical of a shopping center of this kind. Thus, service of off-sale alcoholic beverages with intermittent tasting services would be in keeping with the existing retail and restaurant uses in the shopping center. 06-09-17 Planning Commission Resolution No. 2060 Page 3 of 10 5. The Police Department has reviewed the use permit application and has no objections to the on-site consumption of alcohol given the proposed hours of operation, license type, and location of the use within a retail store. 6. The draft resolution includes conditions of approval to avoid and minimize potential negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. Conditional Use Permits and Minor Use Permits Finding: A. The use is consistent with the General Pian and any applicable Specific Plan. Facts in Support of Finding: 1. The General Plan Land Use Element designates the site for commercial uses under CG (Commercial General). This designation is intended to provide a wide variety of commercial activities oriented primarily to serve citywide or regional needs. A retail store with off-sale alcohol sales of beer, wine, and liquor is allowed under the existing General Plan designation. The proposed retail store with ancillary alcoholic beverage tastings would be part of an existing shopping center that serves the surrounding community and would be consistent with the associated land use designation and General Plan. 2. The project site is not located within a Specific Plan area. Finding: 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. Facts in Support of Finding: 1. The subject site is located within the Commercial Area 3 of PC-5 (North Ford Planned Community). The intent of this district is to allow the location of light general commercial activities engaged in the sale of products to the general public. A retail store with off- sale alcohol sales and subordinate Type 86 Instructional Tasting ABC license requires approval of a Minor Use Permit. However, the applicant also requests the inclusion of a Type 42 ABC License (On-Sale Beer and Wine Public Premise), which requires the approval of a conditional use permit and would allow samples to be poured by store employees. The proposed retail store with alcoholic beverage tastings would be part of an existing shopping center that serves the surrounding community and would be consistent with the associated Zoning District. 2. Improvements to the existing tenant space are largely interior. No changes to the existing gross floor area or building footprint are proposed. 06-09-17 Planning Commission Resolution No. 2060 Page 4 of 10 Finding: C. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The proposed project is a retail use within an existing neighborhood shopping center that is compatible with other commercial uses in the area. As conditioned, it is expected to operate in an effective manner that is compatible with the surrounding tenants in the shopping center. 2. The proposed tenant improvements are located inside of the existing retail building, and the proposed alcoholic beverage tastings would not affect pedestrian circulation, parking spaces, or access to existing tenants. 3. The tenant space would remain as a retail use and no changes to the gross floor area of the building are proposed. The parking requirement would remain the same under proposed conditions, and sufficient parking is provided onsite. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The facts in support of Finding C, above, support this finding and are incorporated by reference. 2. Emergency access to and through North Newport Shopping Center is currently provided from Bison Avenue. No changes to emergency access are proposed, and onsite circulation would not change as a result of the project. 3. Newport North Shopping Center is presently served by public services and utilities and the overall renovation of the site does not involve intensification of the use. 4. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and plans will be reviewed prior to the issuance of building permits. 06-09-17 Planning Commission Resolution No. 2060 Page 5 of 10 Finding: 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. Facts in Support of Finding: 1. The facts in support of findings A through D, above, support this finding and are incorporated by reference. 2. The proposed use is located within an existing retail space and any alcoholic beverage tastings that occur onsite will be restricted to a small, designated area of the store. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the business. 4. The hours of operation are compatible for a neighborhood shopping center where the store will close by 11:00 p.m. daily, and 9:00 p.m. Sunday. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-004, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 6t" DAY OF JULY, 2017. AYES: Dunlap, Kleiman, Koetting, Kramer, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Lowrey 06-09-17 Planning Commission Resolution No. 2060 Page 6 of 10 BY: Pet r Koetting Ch a c 4 BY: Erik Weigand, eecretary 06-09-17 Planning Commission Resolution No. 2060 Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Project Specific Conditions are in Italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site, provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code, and sign requirements of the North Ford Planned Community (PC-5). 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Use Permit may be modified or revoked by the 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 materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 06-09-17 Planning Commission Resolution No. 2060 Page 8 of 10 10. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 11. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 12. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 13. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 14. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 15. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs)of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Total Wine & More Conditional Use Permit including, but not limited to, UP2017-004 (PA2017-043). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 06-09-17 Planning Commission Resolution No. 2060 Page 9 of 10 Police Department Conditions 16. The business shall comply with Title 20 (Zoning Code)and any other applicable provisions of the Newport Beach Municipal Code. 17. The hours of operation shall be limited to 8:00 a.m, through 99:00 p.m., Monday through Saturday, and 8:00 a.m. through 9;00 p.m. on Sundays. 18. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the Department of Alcoholic Beverage Control, the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 19. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 20. Alcohol may not be purchased for on-site consumption, other than providing tasting samples in no more than 2-ounce proportions, and no more than 8 ounces to any one person in one day. 21. When samples or classes are offered, the designated tasting area must be designated with a temporary barrier along with a posted sign stating only persons over the age of 21 may be inside the barrier. No alcoholic beverage samples shall be served outside of the designated tasting area as depicted on the approved floor plan. 22. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 23. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this retail business that would attract large crowds, involve the sale of alcoholic beverages for consumption on premises, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 24. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 06-09-17 Planning Commission Resolution No. 2060 Page 10 of 10 Fire Department Conditions 25. Portions of the commodity stored for retail sales are classified as a flammable liquid and therefore may need to comply with California Fire Code (CFC) Section 5704.3.1 through 5704.3.3.10. Conversely, CFC. 5701.2 provided that the liquids are packaged in individual containers not exceeding 1.3 gallons, quantities of alcoholic beverage in retail or wholesale sales or storage occupancies are exempted from meeting the requirements of Chapter 57 CFC. The amounts and classifications of the commodities will be reviewed upon fire plan check. Thus, amounts and classifications of the commodities will need to be submitted with the plans. 26. Racking/storage arrangements may need to comply with CFC Chapter 32 High Piled Storage. Requirements depend on the height of storage and commodity classification of the products. These requirements will be reviewed upon fire plan check, therefore rack heights and commodity classifications of product will need to be addressed and included within the fire plan review. 27. Aisles shall be provided. The required width of aisles will be dependent upon compliance with Conditions 26 and 27. 28. The fire sprinkler system will need to be able to accommodate the hazard of the proposed storage/retail. The existing system may need modifications for this proposed occupancy. A fire protection expert will need to be consulted for determination of the fire sprinkler requirements. Building Division Conditions 29. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 30. Accessible ADA seating shall be provided at the designated tasting counter. Public Works Conditions 31. County Sanitation District fees shall be paid prior to the issuance of any building permits. 06-09-17