HomeMy WebLinkAbout2008-74 - Vons Wine TastingRESOLUTION NO. 2008-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2007-
029 TO ALLOW THE ON-SALE TASTING AND OFF -SALE
OF BEER AND WINE AT AN EXISTING GROCERY STORE
LOCATED AT 21181 NEWPORT COAST DRIVE (PA 2007-
243)
WHEREAS, an application was filed by Von's Companies, Inc., with respect to
property located at 21181 Newport Coast Drive, and legally described as Parcel 1, as
shown on Miscellaneous Map 318 -27, requesting approval of a use permit to allow the
on -sale of alcoholic beverages in the form of on -site wine and beer tasting and the off -sale
of alcoholic beverages previously approved by the County of Orange.
WHEREAS, at a noticed public hearing held on April 17, 2008, the Planning
Commission considered the project application, plans, and written and oral evidence
presented at this meeting, and approved Use Permit No. 2007 -029; and
WHEREAS, on April 25, 2008, an appeal of the Planning Commission's approval
of Use Perrnit No. 2007 -029 was filed by the applicant requesting that the City Council
reconsider the Planning Commission's decision; and
WHEREAS, public hearings were held on June 10, 2008 and July 22, 2008, in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place, and purpose of the meeting was given in accordance with the
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the City Council at this meeting; and
WHEREAS, pursuant to Section 20.95.060 C, the public hearing on an appeal
was conducted "de novo," meaning that it is a new hearing and the decision being
appealed has no force or effect as of the date the appeal was file; and
WHEREAS, the Land Use Element of the General Plan designates the project
site as Neighborhood Commercial, which is intended for limited retail and service uses
developed in one or more distinct centers oriented to primarily serve the needs and
maintain compatibility with residential uses in the immediate area; and
WHEREAS, the subject property is designated as a Commercial Village land use
within the Newport Coast Planned Community zoning district, which is intended to
provide the Newport Coast area with commercial uses, which include food and
beverage sales; and
WHEREAS, the Police Department has advised that Reporting District 61 has a
lower concentration of ABC licenses than Reporting District 64, and a higher
concentration of ABC licenses than Reporting District 66; and
WHEREAS, the Police Department has advised that Reporting District 61 is not
within an area where the number of crimes is at least 75 percent higher than the
average of all City Reporting Districts; and
WHEREAS, the proposed use is consistent with the purpose and intent of
Section 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code; and
WHEREAS, consistent with required findings for approval of a use permit as set
forth in Section 20.91.035 of the Newport Beach Municipal Code, the following findings
and facts in support of such findings are made:
Finding: That the proposed location of the use is in accord with the objectives of
this code and the purpose of the district in which the site is located.
Facts in Support of Finding:
a. The project is located in the Commercial Village land use area of the
Newport Ridge Planned Community District, which is intended to
encourage a variety of local commercial uses, facilities supporting the
surrounding community, and the opportunity for multi - family residential uses
which combine to make this a unique mixed -use development area. Local
commercial uses within the Commercial Village may include retail sales,
local services, and limited professional and administrative office uses. The
existing grocery store with the proposed alcohol sales and ancillary tasting is
a retail use and therefore consistent with the purposes of the Newport Ridge
Planned Community District.
b. The Newport Ridge Planned Community Text allows for retail commercial
uses, including the existing grocery store. Alcohol sales are less than 30
percent of grocery store sales and are therefore ancillary to the primary
retail use of the property.
2. Finding: That the proposed location of the Use Permit and the proposed
conditions under which it would be operated or maintained will be consistent with
the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort, or welfare
of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the city.
Facts in Support of Finding:
a. The General Plan land use category for this site is Neighborhood
Commercial (CN). The CN category is intended to provide for a limited
range of retail and service uses developed in one or more distinct centers
oriented to serve the needs of and maintain compatibility with residential
uses in the immediate area. A grocery store with ancillary alcohol sales
and wine tasting is a permitted use in a neighborhood - serving shopping
center.
b. The project has been conditioned to ensure the welfare of the surrounding
community. The on -site consumption of alcohol will be limited to small
quantities of beer and wine and will be under the supervision of LEAD -
trained employees over that age of 21. The hours of operation for the wine
tasting area will be Monday through Sunday, 12:00 p.m. through 9:00 p.m.,
which are within the hours of operation of the Pavilion's grocery store
(Monday through Sunday: 6:00 a.m. — 12:00 a.m.). Serving and
consumption areas shall be under security camera surveillance.
Furthermore, alcohol sales will remain an ancillary use to the primary retail
use of the property and all serving and consumption areas will separated
by a permanent barrier from the retail sales area.
3. Finding: That the proposed use will comply with the provisions of this Code,
including any specific condition required for the proposed use in the district in
which it would be located.
Facts in Support of Finding:
a. The project has been conditioned to comply with the development and
operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage
Outlets) of the Municipal Code as they relate to the operation of the
proposed project. Alcoholic beverages will only be served in a specific area
and separated by a permanent barrier from the retail sales area of the
store. All persons serving alcoholic beverages will receive LEAD training.
b. The project has been reviewed and conditioned 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 in parking
areas, sidewalks and areas surrounding the alcoholic beverage outlet and
adjacent properties during business hours, if directly related to the patrons of
the subject alcoholic beverage outlet.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to 15301
(Existing Facilities) of the Implementing Guidelines of the California Environmental Quality
Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Newport Beach hereby approves Use Permit No. 2007 -029, subject to the Conditions set
forth in Exhibit "A ".
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF JULY.
ATTEST:
CITY CLERK
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2007-029
PROJECT SPECIFIC CONDITIONS
The project shall be constructed and operated in substantial conformance with the
approved plot plan and floor plans, stamped and dated March 3, 2008.
2. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this approval that would attract large crowds,
include any form of on -site media broadcast, or increase the expected occupancy
beyond 15 patrons and 2 employees at any one time or for other activities requiring
such Special Events Permit as set forth in the City of Newport Beach Municipal
Code.
3. The alcoholic beverage outlet operator shall take reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the alcoholic beverage outlet and adjacent
properties during business hours, if directly related to the patrons of the subject
alcoholic beverage outlet. If the operator fails to discourage or correct nuisances,
the Planning Commission may review, modify or revoke this Use Permit in
accordance with Chapter 20.96 of the Zoning Code.
4. Hours of operation of the wine tasting area shall be from 12:00 p.m. to 9:00 p.m. on
Monday through Sunday.
5. The consumption area shall be limited to wine tasting and limited beer tasting. The
applicant shall be permitted to serve specialty beers for tasting on occasion per the
Type 42 ABC license, which permits wine and beer service; however, alcohol
consumption shall be primarily for wine tasting. The tasting of distilled spirits shall
be prohibited.
6. Each tasting shall be limited to 2 ounce pours per tasting.
7. Wine and beer tasting shall remain an ancillary use to the primary retail function of
the property. The quarterly gross sales of alcoholic beverages shall not exceed 30
percent of the gross sales of food and non -food sales during the same period. The
licensee shall maintain records that reflect separately the gross sale of food and
non -food, and the gross sales of alcoholic beverages of the licensed business. Said
records shall be kept no less frequently than on a quarterly basis and shall be made
available to the Department on demand.
8. No live entertainment or dancing shall be permitted.
9. All store employees serving alcohol shall be LEAD Program trained through the
Department of Alcohol Beverage Control, at least 21 years of age, and serve under
the supervision of the wine steward, store manager, or department manager. Only
store employees and representatives of beverage suppliers may sere beverages
at the consumption area. In addition, the wine steward, store manager, and
department manager shall also be LEAD - trained. At least one employee shall be
on site at all times the wine tasting counter is in operation.
10. Alcohol consumption shall only be permitted within the area depicted on the
approved floor plan.
11. The consumption area shall be separated from the retail sales area with a solid
decorative barrier (subject to ADA compliance) at least 40 inches high placed
around the perimeter of the consumption area.
12. Serving and consumption areas shall be under security camera surveillance.
STANDARD CONDITIONS
13. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
14. 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.
15. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
16. The applicant shall pay any unpaid administrative costs associated with the
processing of this application to the Planning Department.
17. Any changes in operational characteristics, hours of operation, expansion in
area, or modification to the floor plan, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
18. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
19. This Use Permit may be modified or revoked by the City Council or 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.
20. Use Perrnit No. 2007 -029 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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 -74 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
22nd day of July 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Curry, Webb, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of July 2008.
(Seal)
City Clerk
Newport Beach, California