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HomeMy WebLinkAboutPC2020-041 - RECOMMENDING THE CITY COUNCIL APPROVE NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO. CA2020-005, TO AMEND SECTIONS 20.24.020 (INDUSTRIAL ZONING DISTRICT LAND USESRESOLUTION NO. PC2020-041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO. CA2020-005, TO AMEND SECTIONS 20.24.020 (INDUSTRIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS), 20.40.040 (OFF-STREET PARKING SPACES REQUIRED), 20.48.090 (EATING AND DRINKING ESTABLISHMENTS), AND 20.70.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 20 (PLANNING AND ZONING) (PA2020-042) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On April 14, 2020, the City Council of the City of Newport Beach adopted Resolution 2020-38 initiating an amendment to Title 20 (Planning and Zoning) to allow food and alcohol service in the Industrial Zoning District (IG) (“Zoning Code Amendment”). 2. A telephonic public hearing was held by the Planning Commission on July 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with 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. At the hearing, the Planning Commission adopted Resolution No. PC2020-029 by a majority vote (4 ayes, 2 noes) recommending the City Council approve Zoning Code Amendment No. CA2020-005. 3. A telephonic public hearing was held by the City Council on August 25, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. At the hearing, the City Council acted, by a majority vote (7 ayes, 0 noes), to send Zoning Code Amendment No. CA2020-005 back to the Planning Commission within 90 days, to allow for additional Planning Commission Resolution No. PC2020-041 Page 2 of 8 public outreach and consideration of public benefit findings related to concerns of spot zoning. 4. A telephonic public hearing was held by the Planning Commission on November 19, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the 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. 1. The Zoning Code Amendment is not a project subject to the California Environmental Quality Act in accordance with Section 21065 of the California Public Resources Code (“CEQA”) and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. SECTION 3. FINDINGS. 1. The Zoning Code Amendment is consistent with the City of Newport Beach General Plan (“General Plan”). According to the General Plan, “[t]he IG designation is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses.” Existing ancillary commercial uses allowed within the IG District under the City’s zoning regulations include Eating and Drinking Establishments (Take-Out Service–Limited), Health and Fitness Facilities and Retail (including Alcohol Sales). The proposed Zoning Code Amendment would establish “wine tasting rooms” as a defined use within the Eating and Drinking Establishment use category. Wine tasting rooms would complement and be consistent with the other limited ancillary commercial uses permitted within the IG District in that it provides additional amenities that support West Newport Mesa area residents and employees by providing a social gathering place for those who live and work in the neighborhood (General Plan Goal LU 2). Additional benefits from the proposed amendment include providing opportunities for the establishment of local businesses that generate sales tax and provide opportunities for employment which is consistent with General Plan Policy LU 2.4 (Economic Development). Planning Commission Resolution No. PC2020-041 Page 3 of 8 2. The proposed limitations on wine tasting rooms will help ensure that potential nuisances are minimized and that the use would not operate as an eating and drinking establishment or wine bar. 3. The Zoning Code Amendment requires the building in which a wine tasting room is located to be a minimum of 500 feet from the property line of any property that contains a preschool, elementary, middle, or high school. The purpose of this standard is to minimize the exposure of minors to an alcohol related use. An additional limitation requires wine tasting rooms to be located a minimum of 500 feet from the property line of another wine tasting room. This separation requirement is intended to prevent an overconcentration of wine tasting rooms within the IG Zoning District and ensure wine tasting rooms remain an accessory commercial use to the industrial uses within the zone. The imposition of these two separation requirements restricts opportunities to establish wine tasting rooms on certain properties within the IG Zoning District and is in the public’s interest in that it protects the health, safety, and general welfare of the surrounding area. 4. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the Zoning Code Amendment is not a project subject to CEQA in accordance with Section 21065 of CEQA and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. The Zoning Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it has no potential to have a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Zoning Code Amendment No. CA2020-005 as set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. Planning Commission Resolution No . PC2020-041 Page 4 of 8 PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF NOVEMBER 2020. AYES : NOES : ABSTAIN : ABSENT: Ellmore , Koetting, Lowrey, and Weigand Kleiman, Klaustermeier , and Rosene BY : ~ ----------- Lauren Kleiman, Secretary Planning Commission Resolution No. PC2020-041 Page 5 of 8 EXHIBIT “A” ZONING CODE AMENDMENT NO. CA2020-005 Section 1: The row entitled “Eating and Drinking Establishments” of Table 2-12 (Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Industrial Zoning District Land Uses and Permit Requirements) of Chapter 20.24 (Industrial Zoning District (IG)) of the Newport Beach Municipal Code (“NBMC”) is amended to read as follows: Land Use IG Specific Use Regulations Service Uses — General Eating and Drinking Establishments Take-Out Service —Limited P Section 20.48.090 Wine Tasting Room (2) CUP Section 20.48.090 Section 2: Footnote (2) is added to Table 2-12 (Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Industrial Zoning District Land Uses and Permit Requirements) of Chapter 20.24 (Industrial Zoning District (IG)) of the NBMC to read as follows: (2) Wine Tasting Room Hours of Operation. The permitted hours of operation shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m., and Saturday and Sunday from 12:00 p.m. to 11:00 p.m. Section 3: Section 20.48.090 (Eating and Drinking Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of the NBMC is re-lettered and amended to include the following: F. Standards — Wine Tasting Rooms. In addition to the standards set forth in subsections (A) through (D), wine tasting rooms shall comply with the following standards: 1. The building in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that contains a preschool, elementary, middle, or high school. 2. The property in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that has a wine tasting room. 3. The wine tasting room shall operate under an ABC Type 2 (Winegrower) license only. Planning Commission Resolution No. PC2020-041 Page 6 of 8 4. The wine tasting room shall not operate as a bona fide eating establishment, but may serve incidental foods such as bread, crackers, cheeses or nuts. Any kitchen or food preparation area provided shall have no cooking equipment that requires a mechanical ventilation system to exhaust heat, steam or grease vapor. 5. Limited private events may occur within the wine tasting room, provided the wine tasting room remains open to the public. 6. Live entertainment is prohibited. G. Permit Requirements. 1. New Establishments. Permits and licenses required by Title 5 (Business Licenses and Regulations) shall be obtained for new eating and drinking establishments, in addition to permits required by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Existing Establishments. An existing eating and drinking establishment, including bars, lounges, and nightclubs, shall obtain permits and licenses required by Title 5 (Business Licenses and Regulations) in the following circumstances: a. Substantial Change. When there is a substantial change in operation including any of the following: i. An application for, or a change in type of, retail liquor license from the Department of Alcoholic Beverage Control; ii. An increase in the floor area principally devoted to alcohol sales by twenty- five (25) percent or more or by two hundred fifty (250) square feet or more, whichever is less; or iii. A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than thirty (30) days. b. Objectionable Conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Penal Code, or other State statutes; or ii. A pattern of substantiated complaints of activity constituting evidence of a nuisance. Planning Commission Resolution No. PC2020-041 Page 7 of 8 3. Review Criteria. a. Late-Hour Operations. When reviewing an application to allow late-hour operations, the review authority shall consider the following potential impacts upon adjacent or nearby uses: i. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses and activities; ii. High levels of lighting and illumination; iii. Increased pedestrian and vehicular traffic activity during late night and early morning hours; iv. Increased trash and recycling collection activities; v. Occupancy loads of the use; and vi. Any other factors that may affect adjacent or nearby uses. b. Outdoor Dining. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise. c. On-Sale Alcohol Sales. When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, the review authority shall: i. Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of this section (Late-Hour Operations). For the purposes of this subsection, “adjacent uses” shall mean those uses within one hundred (100) feet of the proposed use, as measured between the nearest lot lines; ii. Consider the proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption; and iii. Make the findings in Section 20.48.030(C)(3) (alcohol sales—off-sale). 4. Post-Decision Procedures. a. With On-Sale Alcohol Sales. For establishments with permits for on-sale alcohol sales, the post-decision procedures in Section 20.48.030(C)(4) shall apply. Planning Commission Resolution No. PC2020-041 Page 8 of 8 b. Without On-Sale Alcohol Sales. For establishments that do not sell, serve, or give away alcohol, the procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Part 6 of this title (Zoning Code Administration) shall apply. Section 4: Table 3-10 (Off-Street Parking Requirements) in Section 20.40.040 (Off- Street Parking Spaces Required) of Chapter 20.40 (Off-Street Parking) of the NBMC is amended to add a row to include parking standards for Wine Tasting Rooms to read as follows: Land Use Parking Spaces Required Service Uses—General Eating and Drinking Establishments Wine Tasting Room 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit Section 5: Subsection (10) is added to include the definition of “Wine Tasting Room” to the definition of “Eating and Drinking Establishments (Land Use)” within Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of the NBMC to read as follows: Eating and Drinking Establishments (Land Use). See also “Alcohol sales, on-sale” and “Drive-through facilities.” 10. “Wine Tasting Room” means an establishment that operates pursuant to an ABC Type 2 (Winegrower) license to provide the sale of wine that is produced by said winery for on- and off-site consumption. The sale of other types of alcohol, such as beer and distilled spirits, shall be expressly prohibited.