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HomeMy WebLinkAbout24 - Pavilion's Wine TastingCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item 24 July 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Makana Nova, Assistant Planner (949) 644 -3249, mnova(&city.newport- beach.ca.us SUBJECT: . Pavilion's Wine Tasting Appeal (PA2007 -243) 21181 Newport Coast Drive a Use Permit No. 2007 -029 APPLICANT: Von's Companies, Inc. APPELLANT: Von's Companies, Inc. ISSUE: Should the City Council approve, modify, or disapprove Use Permit No. 2007 -029 to add a wine and beer tasting counter within an existing Pavilion's grocery store? Staff recommends that the City Council conduct a de novo hearing and approve Use Permit No. 2007 -029, subject to the findings and conditions of approval included within the attached draft resolution (Attachment 1). INTRODUCTION: Proiect Setting and Description The applicant proposes a wine and beer tasting counter within an existing Pavilion's grocery store located at 21181 Newport Coast Drive. The tasting area of approximately 230 - square -feet is primarily for wine education and would allow customers to sample small quantities of wine and beer as would be permitted by a Type 42 (On -Sale Beer & Wine Public Premise) alcoholic beverage license. A type 21 (Off -Sale General) alcoholic beverage license was previously approved through the County of Orange. Pavilion's Wine Tasting July 22, 2008 Page 2 Planning Commission Action The Planning Commission held a public hearing on Use Permit 2007 -029 on April 17, 2008. The applicant agreed to comply with all of the conditions of approval as proposed. The application was approved on a vote of five (5) ayes and two (2) noes. The minutes from the Planning Commission hearing have been attached for reference (Attachment 3). DISCUSSION The Appeal On April 25, 2008, an appeal of the Planning Commission's decision was filed by Von's Companies, Inc., parent company of Pavilion's. The applicant's appeal states that the conditions of approval are overly burdensome and unnecessary and requests City Council to consider less restrictive conditions relating to service, control, and supervision. Pursuant to Section 20.95.060.C, a public hearing on an appeal is 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 filed. The appellate body is not bound by the decision being appealed or limited to the issues raised on appeal. Analysis A staff report to the Planning Commission containing a full analysis of the project is attached. The following analysis summarizes the applicant's request for revisions to the conditions approved by the Planning Commission and provides staff's responses for the City Council's consideration: Condition No. 9 LEAD - Training and Employees on Duty. Condition No. 9 states: "Alt persons serving alcohol shaft be LEAD Program trained through the Department of Alcohol Beverage Control, at feast 21 years of age, and serve under the supervision of the wine steward, store manager, or department manager. In addition, the wine steward, store manager, and department manager shaft also be LEAD - trained. At feast two employees shaft be on site at all times the wine tasting counter is in operation." Condition No. 9 applies to all persons serving alcoholic beverages, including suppliers. The applicant requests that the City Council revise Condition No. 9 to allow suppliers without LEAD training to serve alcohol under the supervision of a LEAD - trained Von's Pavilion's Wine Tasting July 22, 2008 Page 3 employee. The applicant argues that some suppliers will be from outside the state or country and may not be able to receive LEAD training. The applicant also requests that Condition No. 9 be revised to require that only one employee, instead of two, be present when the wine tasting counter is in operation. Response: Should this condition be modified as proposed, suppliers serving alcohol will not be required to receive any form of certification or training. Section 20.89.050.C.9 (Responsible Beverage Service /Sales Training Requirements) of the Zoning Code requires some form of responsible beverage service training for all owners, managers, and employees serving and /or selling alcoholic beverages. Therefore, the Planning Commission concluded that the use should be restricted to require that "all persons serving alcohol" be LEAD - trained. Section 20.89.050.C.9.f (Waiver) of the Zoning Code provides that the City Council may waive or modify the responsible beverage service training requirement upon finding that the employees are sufficiently knowledgeable in the responsible methods and skills for serving and selling alcoholic beverages. Staff has no objections to requiring only store employees serving alcoholic beverages to be LEAD - trained, in that trained employees are required to be present when alcohol is served. Staff supports the applicant's request to reduce the number of required employees on duty from two to one. With required LEAD training, video surveillance, and other conditions provided in the resolution, staff is of the opinion that one employee on duty is sufficient to maintain adequate security and uphold the intent of the approved land use. These revisions have been incorporated into the draft resolution (Attachment 1) Condition No. 10 Consumption and Sates Separation Condition No. 10 states: "Alcohol sates and consumption shall only be permitted within the area depicted on the approved floor plan." The applicant requests a language revision to Condition No. 10 to eliminate the words, "sales and ". The applicant believes that the current language creates confusion between the alcohol consumption permitted at the proposed wine tasting area and overall sales permitted within the alcoholic beverage section of the grocery store. Response: Staff supports the applicant's request for this minor language revision as it clarifies the intent of the condition. This revision has been incorporated into the draft resolution (Attachment 1). Pavilion's Wine Tasting July 22, 2008 Page 4 Summary It is staff's conclusion that the findings necessary for project approval were made appropriately by the Planning Commission and that proposed revisions to Conditions No. 9 and No. 10 are appropriate as proposed in the draft resolution (Attachment 1). Environmental Review This project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed interior improvements to accommodate the new wine tasting bar are within the tenant space formerly occupied by the retail business and were previously approved and constructed with a separate building permit. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Alternatives If the City Council does not wish to sustain the decision of the Planning Commission, the City Council may revise the conditions of approval or reverse the decision of the Planning Commission. Should the City Council choose to do so, staff will return with a resolution incorporating new findings and or /or conditions. Prepared by: 4L MakSna NOva, Assistant Planner Submitted by: ;/, - 16 ing Director Attachments: 1. Draft Resolution 2. Appeal 3. Planning Commission Meeting Minutes 4. Planning Commission Staff Report with Exhibits 5. Photos of Wine Tasting Counter 6. Table of Approvals for Wine Tasting Establishments in the City of Newport Beach Ilcnb. rchdalalUsersIPLMSharedlPA'sIPAs - 20071PA2007- 24=P2007 -029 staff report 240c RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007- 029 TO ALLOW THE ON -SALE AND OFF -SALE OF BEER AND WINE AT AN EXISTING RESTAURANT 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 Permit 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 onJune 10, 2008 and July 17, 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 I City Council Resolution No. Paae 2 of 7 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: 1. 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 0 City Council Resolution No. _ Paoe 3 of 7 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, 9:00 a.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. 0 AYES, COUNCIL MEMBERS NOES, COUNCIL ABSENT COUNCIL MEMEBERS MAYOR ATTEST: CITY CLERK City Council Resolution No. Paqe 4 of 7 10 EXHIBIT "A" City Council Resolution No. Paqe 5 of 7 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. 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. City Council Resolution No. _ Paae 6 of 7 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. 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, P, City Council Resolution No. _ Page 7 of 7 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 Permit 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. 15 CITY OF NEWPORT BEACH APPLICATION TO APPEAL DECISION OF THE PLANNING COMiUItSSfON' Application No. PA2007 -243 Name of Appellant Michael Cho, Esq. on behalf of or personfiling: Von's Companies, Inc. . Phone: (949) 263 -1511 Address: 3991 MacArthur Blvd.. Suite 340 Newport Beach CA 92660 Date of Planning Commission decision: April 17 .20 08 t Regarding application of. Pavilions Supermarket (Newport Coast) for (Description of application filed with Planning Commission) Request for the approval of a conditional use permit th allow tritne and beer tasting in an area of approximately 230 sq. feet located in the existing supermarket mil. � •��'. { •• �.� •� {{ • •. ♦ -�• imposed conditions that are overly burdensome and unecessary. The applicant wnn1A like to have rity rounril nnnSirler mnre reacnnahla supervis� . r� Date 4/25/08 Micha 1 Cho or the V n's Companies, Inc. dw(17Y Pfltil (1 i t�Pe- €OR OFFICE USE ONLY Date Appeal filed and Administrative Fee received: (2 -g10, 20 Hearing Date. An appeal shall be scheduled for a hearing before the City Council within sbdy (60) days of the.. fling of the appeal unless both applicant and appellant or reviewing body consent to a.later date (NBMC Sea 20.95.060) cc: Appellant Planning (furnish one ¢et of mailing Labels for mailing) File APPEALS: Municipal Code Sec. 20.95.050(8) Appeal Fee: $340 pursuanito Resolution No. 2006 -4 adopted on 1- 10-06. tDeooslt funds with Cashier in Account #2700-5000) 15 Planning Commission Meeting Minutes Exhibit 3: Planning Commission Meeting Minutes I(p Planning Commission Minutes 04/17/2008 Page 7 of 11 Mr. Lepo answered there is no way to do that. Chairperson Hawkins asked about requiring CC &R's to prohibit group occupancies and was told, no. Chairperson Hawkins proposed to strike the reference to the renderings, as it is of part of the conditions. Commissioner Toerge agreed to delete reference to the renderings and repeated his motion with the changes. Ayes: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: None Absent: None x x x Motion was made by Commissioner McDaniel and seconded by Commissione Approved Hillgren to hear the next item as it was past the hour to accept new deliberations. Ayes: I Eaton,.Hawkins, Cole, McDaniel, Toerge and Hillgren Noes: jPeofter Absent: INone x x x OBJECT: Pavilions Wine Tasting (PA2007 -243) ITEM NO.5 21181 Newport Coast Drive PA2007 -243 use permit for an on -sale wine tasting bar and area with a Type 42 On-Sal Approved Beer & Wine Public Premise alcoholic beverage license. Ms. Nova distributed copies of a matrix listing approvals for wine tasting establishments in the City and then gave an overview of the staff report. Commissioner Peotter noted his concern with Condition No. 6, Condition No. 9, and if security plans were to be provided to the Police Department. Ms. Nova answered there is a fee charged for each tasting as required by the Alcohol Beverage Control Department; these are typical conditions that have been contained in past wine tasting approvals. The Police Department has noll indicated this is an issue; however, the applicant is providing camera surveillance it the property. Commissioner Eaton asked about landscaping planters providing a better barrier than ropes. Ms. Nova answered.this is an option for your decision. Michael Cho, representing Von's that operate Pavilions, noted their concern of the hours of operation. Tasting will be taken when a winemaker or supplier comes in and their request allows for a range of hours that would be available. The barrier ith ropes is a design feature. Condition No. 9 and the issue of suppliers being LEAD Program trained is problematic and suggested removing the reference to he suppliers being trained. The second sentence is proposed to read: In the vent services by a supplier, wine maker or industry trade representative the service shall be supervised by a LEAD trained employee. If they are properly http: / /www.city.newport- beach. ca .us /PlnAgendas /mnd04 i 72008.htm 06/03/2008 11 Planning Commission Minutes 04/17/2008 Page 8 of 11 vised, having a two -ounce pour would be adequate. He agrees to all conditions as proposed. Commissioner inquiry, Mr. Cho noted the wine area is small as opposed to pictured with the planters used as barriers. This is a tasting area only with d served and the barriers would not be an aesthetic enhancement. McDaniel noted his concern of the hours, and the frequency of tasting. Cho answered it could be on a daily basis, but depends on when Pavilions a winemaker or supplier and that is why the range of hours. There will be ing as deemed necessary at other times but it will be flexible. imissioner Hillgren noted his concern of the amount of wine tasting and of vehicles with the school nearby. Is there flexibility to set hours arc bI schedule to a minimum as this is a potential for a very serious issue? cell Blais, liquor merchandising representative for Von's, stated they coi the hours anytime after school such as 3 to 6 or 9. This is an event type nmissioner Peotter noted the hours are not a problem and it is impractical them. You are creating more traffic hazards for the school by not allowi while school is in session. nmissioner McDaniel noted his concern of enforcement as it is impossible City's point of view. Blais noted two employees will be assigned to this department during tasl its, one to check id's and one to supervise the pour; this is company policy. Jerson Hawkins noted these are only going to be event tastings. Would to a condition that had the requirement that wine tasting would only o one of the suppliers was there? Blais answered that the wine steward would have the ability to pour ide of these events. Cho noted there will be specials during the week so that the shoppers a featured wine. irperson Hawkins noted there should be a condition stating the m fiber of employees and does not agree with the suggested change to Cc 9 by the applicant. He noted his concern of the hours starting at 9 a.m. Cho noted the way the conditions are written, there is always a LEAD doyee to supervise, or do, the pouring. issioner Toerge asked how the beer would be served; he was answered be the same, 2 ounce tastings as there are some interesting specialty bee de for sale. http: / /www. city.newport- beach. ca .us /PhiAgendas/mndO4l72008.htm 06/03/2008 1 b Planning Commission Minutes 04/17/2008 Nova added that there is no certification required of the suppliers, the City :ally required training for anyone serving wine tasting throughout the City. Harp suggested broadening the condition saying all employees, suppliers ar persons, that way you are not trying to figure out if they are a supplier or are later on. It could also be, all persons. comment was opened. Mores Otting, local resident, noted she had spoken with a representative at tl 3C regarding the Type 43 license and it has a condition that there can only I ree per 24 hours per person that goes to a wine tasting. You can't taste me an three types of wine or you would be in violation. She noted her concern w'. mdition No. 7 and the reference to food or retail sales. There are childr, esent throughout the day at Von's. We have more DUI's in this City and % ive a problem; the timing should not start at 9 in the morning. It is a messal id I don't want to see it at the other local shops, such as Gelson's. The report nbiguous and what the applicant says they want to do is not what is represent the staff report, it is a Special Events Permit. She opposes this application. ael Cho noted they are sympathetic to the concerns raised but does ve this is a type of place that will promote people coming in to drink with limit. He asked the Commission to consider the training and hours ation. At Commissioner inquiry, he noted there will be LEAD- trained peo that department and it would be difficult to train the other supplie makers, etc. There are cameras throughout the store and Von's will m� there are no problems resulting from the wine tasting. comment was closed. missioner McDaniel noted his concern with the hours starting before noon; I set a precedence as others will want to have this wine and beer tasting and having the wine tasting during the week. nmissioner Toerge noted his agreement that other markets will be asking fo as well. The central theme of the issue is the presence of children. It woulc the influence this would have on young children whether supervised or not. s is not a message I want to send to the public as it is not appropriate. He is in support of this item. 3tion was made by Commissioner Peotter and seconded by Commissioner approve Use Permit No. 2007 -029 with the following changes: . Condition No. 9.- All persons, and a minimum of two. McDaniel noted he could not support the hours. ioner Hillgren noted he could not support the hours as well as being present and the issue that Von's already built this area m of this being approved. Cho noted his client has offered to limit the hours from noon to 9 p.m. does not have a limit on the number of tastes, it is just the pour size. http: / /www. city. newport- beach. ca .us /PlnAgendas /rnnd04l72008.htm Page 9 of 11 06/03/2008 Iq Planning Commission Minutes 04/17/2008 Page 10 of 11 Ms. Nova stated this complies with staffs understanding as well. Substitute Motion was made by Commissioner Eaton and seconded by Commissioner Peotter to incorporate the wording that modifies Condition No. 9 to change the hours of operation from noon to 9 p.m. and replacing the reference to velvet ropes to solid decorative barriers. Mr. Cho stated there is an issue with a solid barrier with ADA and fire access, so as long as it can be compliant with those, his client would be willing to try. Commissioner Eaton added the phrase "ADA complian"t to the barriers. Ms. Nova added Condition No. 7 changed to reference food and retail. Discussion continued and it was agreed to this correction. Ayes: Eaton, Peotter, Hawkins, Cole and McDaniel Noes: Toerge and Hillgren Absent: None Motion was made by Commissioner Peotter and seconded by Commissioner McDaniel to continue this item to May 8, 2008. Denied Commissioner Toerge noted this is not a radical issue and there are only a few people to speak on this item so he will not support the motion. Ayes: Peotter and McDaniel Noes: Eaton, Hawkins, Cole,.Toerge and Hillgren I Absent: None ITEM NO. 6 SUBJECT: Rudy's Pub & Grill (PA2007 -255) PA2007 -255 3110 Newport Boulevard . Approved An amendment to Use Permit No. 2004 -049 to allow a change in the operational characteristics of an existing eating and drinking establishment. The applicant requests to add 243 square feet of storage area on the first floor and to enclose an existing 135- square -foot patio on the second floor for office use. Pursuant to Section 20.85.060 (Changes in Operational Characteristics), an amendment to the use permit is required because the increase in gross floor area is in excess of 25 square feet. A modification permit is requested because the area of the proposed second floor addition encroaches 4 feet into the required 10 -foot alley setback. Ms. Brown gave an overview of the staff report. At Commission inquiry, Ms. Brown noted this is not an intensification of the use as restaurant and is accessory to the restaurant use. Chairperson Hawkins noted his concern of moving storage and creating new forage areas that could add to the net public area. Public comment was opened. Todd Carson, an owner of Rudy's Pub and Grill, noted the restaurant is doing very well with a new chef who has recently been hired and has increased food sale hus resulting in the need for extra storage area for dry goods as well as cold. http: / /www.city.newport- beach. ca .us /PlnAgendas /mnd04l72008.htm 06/03/2008 9D Planning Commission Staff Report with Exhibits Exhibit 4: Planning Commission Staff Report with Exhibits �I CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 17, 2008 Agenda Item 5 SUBJECT: Newport Coast Pavilion's Wine Tasting (PA2007 -243) 21181 Newport Coast Drive ■ Use Permit No. 2007 -029 APPLICANT: Von's Companies, Inc. PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova(&city.newoort- beach.ca.us PROJECT SUMMARY The proposed project is a wine and beer tasting counter within an existing Pavilion's grocery store located at 21181 Newport Coast Drive. The. tasting area of approximately 230 square feet is primarily for wine education and used to sample small quantities of wine and beer. The proposed use permit includes the existing off -sale of alcoholic beverages, which was approved by the County of Orange prior to the Newport Coast/Newport Ridge Annexation. RECOMMENDATION Staff recommends that the Planning Commission approve Use Permit No. 2007 -029 subject to the findings and conditions of approval included within the attached draft resolution. )a Pavilion's Wine Tasting April 17, 2008 Page 2 )3 VICINITY MAP 0 i SAN IUAGUIN NIlL81p +~ ESO r� ?F +� pORIAN =' Fl i OA2006 -xx � 0 ara ,. �>. Subject Property or "`' , T � 4 _ RIpOE PARK RD _ GENERAL PLAN ZONING P NNW . �. 3 F y OB LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Neighborhood Neighborhood Newport Ridge Planned Commercial (CN) Community NPR PC) NORTH Neighborhood Newport Ridge Planned Retail Commercial CN Community NPR PC) Detached Single Family Newport Ridge Planned SOUTH Residential (RS -D) & Community (NPR_PC) & Newport Coast Planned Fire station and open space Open Space (OS) Community NPC PC EAST Public Facilities (PF) Newport Coast Planned Communi NPC PC Elementary school WEST Multiple Unit Residential Newport Ridge Planned Detached condominiums RM Community NPR PC) )3 Pavilion's Wine Tasting April 17, 2008 Paoe 3 1211II,%]$116111 Mb" Protect Settinq The project site is the existing Pavilion's grocery store located in the Newport Ridge Retail Center at Newport Coast Drive and San Joaquin Hills Road. The area in the vicinity of the site is developed with a variety of land uses, including retail, a fire station, elementary school, open space, and community park as well as residential development. Proiect Description The applicant proposes wine and beer tasting within an existing Pavilion's grocery store. Pavilion's lease space is 55,232 square feet. The area principally devoted to alcohol (beer, wine, and distilled spirits) sales contains approximately 500 square feet and includes wine racks, refrigeration, and the proposed tasting counter (Refer to Exhibit 1, Project Plans). An area of 230 square feet is to be dedicated to on -site wine tasting: 125 square feet of this total area will be behind the counter and limited to employees to serve customers in the consumption area; the area for on -sale consumption of wine is a 105 - square -foot space adjacent to the employee counter area. The consumption area will be separated from the retail sales area with velvet ropes attached to 40- inch -high metal poles placed around the perimeter of the consumption area. Background Pavilion's currently has a Type 21 (Off -Sale General) Alcoholic Beverage Control (ABC) license and is non - conforming because it does not have a use permit with the City of Newport Beach. Newport Ridge was annexed into the City after land entitlements and approvals had been approved through the County. A Type 42 (On -sale Beer & Wine for Public Premises) ABC license is requested to permit on -site wine and beer tasting. In accordance with the City's Alcohol Beverage Outlets Ordinance (Chapter 20.89 of the Zoning Code), a new use permit is required if the alcoholic beverage outlet changes "its type of retail liquor license with the Department of Alcoholic Beverage Control." DISCUSSION Analysis General Plan The General Plan land use category for this site is Neighborhood Commercial (CN) which provides for a limited range of retail and service uses developed in one or more distinct centers oriented toward the needs of residential uses in the immediate area. The retail a� Pavilion's Wine Tasting April 17, 2008 Page 4 sale of food and beverages, including alcoholic beverages, is consistent with this land use category. Zoning Code The site is located in the Newport Ridge Planned Community (NPR_PC) District with a land use designation of Commercial Village. NPR _PC does not specifically identify wine tasting as a permitted use; however, the Planned Community Text does allow for retail commercial uses which include .food and beverage sales. On -site tasting would be ancillary to the primary retail use of the property. Staff has determined that the proposed use is consistent with the uses identified in the Planned Community Text. Alcoholic Beverage Sales Tasting is proposed as a minor ancillary use primarily for "wine education." Only small quantities of wine and specialty beers (2 ounce pours per tasting) will be served. The new Type 42 (On -sale Beer & Wine for Public Premises) ABC license sought by the applicant authorizes the sale of beer and wine for consumption on or off the premises. The consumption area shall be restricted to wine tasting and limited beer tasting. Alcohol consumption will be primarily for wine tasting; however, the applicant would be permitted to serve specialty beers for tasting on occasion per the Type 42 ABC license, which permits wine and beer service. No distilled spirits are permitted within the consumption area. Minors shall not be allowed to enter and remain in the consumption area and food service is not required. The applicant states that alcohol sales are less than 30 percent of store sales and wine sales are less than 8 percent of store sales. In order to comply with ABC requirements, a fee shall be charged for the tasting that ranges from $2.00 to $25.00 based on a percentage of the price of the wine bottle. All alcohol service will be under the supervision of a "wine steward," who is a wine expert and trained employee. All employees serving alcohol will be required to receive ABC - required Licensee Education on Alcohol and Drugs (LEAD) training and must be at least 21 years of age. In addition to the wine steward, the store manager, department manager, and suppliers will also be LEAD - trained and licensed to serve alcohol at the wine counter. All servers must be under the supervision of the store manager, department manager, or wine steward. Serving and consumption areas will also be under security camera surveillance. The proposed hours of operation for the tasting area are Monday through Sunday, 9:00 a.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.). Detective Doug Jones, City of Newport Beach Police Department, stated that the shopping center and the establishment have not been a problem and the Police Department does not foresee any issues arising from the proposed tasting due to the A� Pavilion's Wine Tasting April 17, 2008 Page 5 operation of the business. The Police Department is not opposed to the proposed operating hours. An ABC license query shows no history of disciplinary actions. As stated earlier, Pavilion's current alcohol sales are non - conforming because Pavilion's does not have a Use Permit with the City of Newport Beach. The current ABC license, a Type 21 (Off-Sale General), is limited to alcoholic beverage sales for off - premise consumption only. The ABC license was authorized by the County and issued prior to the annexation of Newport Ridge to the City. The proposed Use Permit will bring the off -sale operation into conformance with the Alcohol Beverage Outlets Ordinance (Chapter 20.89 of the Zoning Code). Factors to Consider Section 20.89.030.8 (Alcoholic Beverage Outlets) requires the Planning Commission to consider certain factors when making the required findings to approve the Use Permit. A discussion of these factors in support of the Use Permit is provided below. 1. Whether the use serves public convenience or necessity. The purpose of the Commercial Village designation of the NPR_PC is to encourage "a variety of local commercial uses, facilities supporting the surrounding community, and the opportunity for multi - family residential uses to combine to make this a unique mixed -use development area." The retail sale of alcoholic beverages provides a.public convenience by allowing the sale of alcoholic beverages in conjunction with the sale of food and other beverages. The ancillary on -site consumption of alcoholic beverages in the form of wine and beer tasting also provides a public convenience by permitting the opportunity for residents to sample wines prior to purchase. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people) RD No. 61 53 35 1,791.15 RD No. 64 36 27 2,805.92 RD No. 66 27 15 3,713.89 Newport Beach 2,925 3,712 1 3,620.05 The Part One Crimes Rate in Reporting District 61 (RD 61) is lower than the City and adjacent districts (For a map of the City of Newport Beach Reporting Districts, see Exhibit 4). Pavilion's Wine Tasting April 17, 2008 Page 6 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. Reporting District Active ABC License Per Capita RD No. 61 4 1 per 740 residents RD No. 64 1 1 per 1,283 residents RD No. 66 3 1 per 722 residents County-wide 4,805 1 per 592 residents RD 61 has a lower ratio of ABC licenses to population when compared with the average ratio for Orange County due to the higher concentration of residential land uses; however, RD 61 has a higher ratio of ABC licenses to population than RD 64. RD 64 has no commercial areas, so the single ABC license is likely issued to either an institutional use or a home -based business. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. Reporting District DUI /Drunk Arrests Total Arrests Calls for Service RD No. 61 3 10 752 RD No. 64 5 13 799 RD No. 66 3 14 735 Newport Beach 1,471 3,345 61,060 The bulk of the sales in Pavilion's is intended for off - premise consumption and, therefore, is not likely to contribute to alcohol - related problems within the area. The on- site consumption is limited to wine and beer tasting, so the proposed wine /beer tasting counter will not operate as a bar. RD 61 has a similar number of DUI /Drunk Arrests, Total Arrests, and Calls for service recorded in 2007 compared to the adjacent Reporting Districts (For a map of the City of Newport Beach Reporting Districts, see Exhibit 4). The Newport Beach Police Department reported eight calls for service to the subject property, none of which were alcohol- related. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. Although the proposed use is located adjacent to an elementary school and community center, the properties are sufficiently separated by Newport Coast Drive, a 6 -lane Major Road, by San Joaquin Hills Road, a 4 -lane Primary Road, and by Ridge Park Road, a 2- lane road. In accordance with the Alcoholic Beverage Ordinance, the Police Department has reviewed the Use Permit application and has concluded that no additional conditions related to design and security are necessary. a-1 Pavilion's Wine Tasting April 17, 2008 Page 7 Use Permit Findings The following information is presented in support of the required Use Permit findings: 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. o 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. • 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. 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. • 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. • 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, 9:00 a.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. Pavilion's Wine Tasting April 17, 2008 Page 8 3. That the proposed use will comply with the provisions of this code, including any specific conditions required fur the proposed use in the district in which it would be located. 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. Employees serving alcoholic beverages will receive LEAD training. 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. Environmental Review This project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed interior improvements to accommodate the new wine tasting bar are within the tenant space formerly occupied by the retail business and were previously approved and constructed with a separate building permit. A use permit to operate wine tasting is not defined as a project pursuant to CEQA. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Conclusion Based on the location of the existing Center and its operational character, proposed use, and proposed conditions of approval, staff believes that the findings of approval for the Use Permit can be made for this request in that it is not likely that the use will prove detrimental to the community. Prenared by Pavilion's Wine Tasting April 17, 2008 Page 9 Submitted by: = o7. EXHIBITS (in the order they are referenced within the report) 1. Project Plans (under separate cover) 2. Police Department Report 3. Police Department Reporting Districts Map 4. Draft Resolution 5. Letter and project description from applicant { icab .M/Idafa)UsemtPL=haredPA'siPAs - 20071PA2007.2431MM7 -029 staff reporf 2.do GTA eau R� i LL LEGEND - WINE TASTING AREA .... APPROIL f008O FI. WINE IOOSK ROPE BARRIER NOTE: WE MNETAS1 AREA MIMATEDON PUN NIBS NO AOJACFUSAOEAOO9R, MR WE SALES MSPUY OF VKKE OTHER UOVOR PRODUCTS FOR PORO ASE. PAVILION S SCALF ' =1' NEWPORT BEACH oavcN exo coxsmucfiara OEPAP—T ORAxN Br ixx 1911 \\'' A SAPEWAY COIyiPANY ® eie mmnume Avenue. ArMme. a. atom CNECHN HY'. i.H°°H lSfEEi A -1911 'J��1NE KIOSK 21181 NEWPORT COAST DRIVE., NEWPORT BEACH, CALIFORNIA 33 35 Police Department Report Exhibit 2: Police Department Report 3(p City of Newport Beach Police Department Memorandum February 20, 2008 TO: Makana Nova, Staff Planner FROM Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the VoWs Companies, Inc at 21181 Newport coast Dr. This area encompasses our reporting district (RD) number 61 as well as part of Census Tract 626.17. This report reflects City of Newport Beach crime data for calendar year 2007, which is the most current data available. Calls for Service Information City wide there were approximately 61,060 calls for police services during this time, of which 752 were in RD 61. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,637 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,925 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny- theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,712 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,620.05 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 61 Newport Beach California" National's Part 1 53 2,925 1,390,709 11,556,854 Part 35 3,712 N/A N/A Part 1Crime Rate 1,791.15 3,620.05 3,848.95 3,898.94 The number of active ABC licenses in this RD is 4 ** Per capita ratio 1 license for every 740 residents. This reporting district had a total of 91 reported crimes as compared to a City wide reporting district average of 175 reported crimes. This reporting district is 84 crimes less or 47.90% below the City wide reporting district average. This location is not within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City 31 as outlined in the City Council "K -7" polity. This location is not within an RD that is over the Orange County per capita average of ABC licenses * *. Arrest Information There were 3 DUI arrests and 0 Plain Drunk arrest in this area during this same period as compared to 1,471 for the entire city. This RD amounts to .20% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 61 Newport Beach California" National` (DUI/Drunk) 3 1,471 N/A N/A Total Arrests 10 3,345 1,457,151 9,579,611 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 64 and RD 66 Crimes RD 64 RD 66 Part 1 36 27 Part 2 27 15 Crime Rate 2,805.92 3,713.89 Arrests (DUI/Drunk) 5 3 Total Arrests 13 14 Calls For Service 799 735 Number of active ABC Iicenses 1** 3** Per capita ratiol license for every 1,283* residents 722* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 80,800. *These numbers are from the 2006 Uniform Crime Reports, which is the most recent edition. "The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644-3791. Paul Salenko Crime Analysis Unit 31� Police Department Reporting Districts Map Exhibit 3: Police Department Reporting Districts Map 31 Newport Beach Police Department Crime Reporting Districts Map d Draft Resolution Exhibit 4: Draft Resolution RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -029 TO ALLOW WINE TASTING FOR THE PROPERTY 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 tasting and the off -sale of alcoholic beverages previously approved by the County of Orange. WHEREAS, a public hearing was held on March 20, 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 Planning Commission at this meeting; and WHEREAS, the General Plan land use category for this site is Neighborhood Commercial (CN) which provides for a limited range of retail and service uses developed in one or more distinct centers oriented to .primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The retail sale of food and beverages, including alcoholic beverages, is consistent with this land use category; and WHEREAS, the site is located in the Newport Ridge Planned Community with a land use designation of Commercial Village. Retail commercial uses are permitted, including food and beverage sales. Wine tasting shall be ancillary to the primary retail use of the property; and WHEREAS, the Newport Beach Police Department has advised that Reporting District 61 has a lower concentration of Alcoholic Beverage Control licenses and a crime rate that is comparable to or lower than those of the surrounding Reporting Districts; and WHEREAS, a use permit for the proposed alcoholic beverage outlet has been prepared in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes 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 �a Planning Commission Resolution No. _ Page 2 of 6 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 wine 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 8 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. The hours of operation for the wine tasting area will be Monday through Sunday, 9:00 a.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. 43 Planning Commission Resolution No. 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. Employees 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: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2007 -029, subject to the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this is called for review by the City Council in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF APRIL. F0 EXCUSED: Robert Hawkins, Chairman BY: Bradley Hillgren, Secretary qq Planning Commission Resolution No. _ Page 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2007-029 PROJECT SPECIFIC CONDITIONS 1. 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 approved 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 9:00 a.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. Each tasting shall be limited to 2 ounce pours per tasting. Beer and wine 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 the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of 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. 4 5 Planning Commission. Resolution No. 9. All employees and suppliers 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. In addition, the wine steward, store manager, and department manager shall also be LEAD - trained. 10. Alcohol sales and consumption shall only be permitted within the area depicted on the approved floor plan. The alcohol sales and consumption area shall be separated by a permanent barrier from the retail sales area of the store. 11. The consumption area shall be separated from the retail sales area with velvet ropes attached to 40 inch high metal poles 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. 4� Planning Commission Resolution No. Paqe 6 of 6 20. Use Permit 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. qj Letter and Project Description from Applicant Exhibit 5: Letter and Project Description from Applicant 4� U r) 7 .APPLICANT:. The Von's Companies Inc. dba "Pavilions" PROPOSED USE: Approval of an on -sale wine tasting bar and area (Type 42) alcoholic beverage license and finding of public convenience or necessity for the existing premium wine retail shop located in the Pavilion's Supermarket. ADDRESS: 21181 Newport Coast, Newport Beach (Newport Coast Center) Newport Beach, CA 92657 PROJECT NARRATIVE The proposed project consists of an.existing premium wine shop engaged in the off -sale of fine wines and related products requesting the addition of wine tasting area. The existing Pavilions has an approved Type 21 Off-Sale General alcoholic beverage license with the California Department of Alcoholic Beverage Control since April 2002 and is currently applying for a Type 42 On -Sale Beer & Wine Public Premise alcoholic beverage license for the wine tasting bar and area This request is to address two (2) issues related to the premise: 1. Type 42 On -Sale Beer & Wine Public Premise alcoholic beverage license to allow the on premise consumption of wine in a limited and defined area to permit the operators the ability to conduct wine tasting. 2. A finding of public convenience or necessity for the license request as required by the California Department of Alcoholic. Beverage Control . Retail Area: Tyne 21 Oil Sale General !Beer. Wine & Distilled Spirits (EXISTING) The applicant currently holds a Type 21 Off -Sale General Alcoholic beverage license permitting the off -sale of beer, wine and distilled spirits. The Applicant has had the current license since April 10, 2002. On -Sale ConmmWion/Wine Tasting: Tyne 42 On -Sale Beer & Wine Public Premise The applicant requests the approval of approximately 500 square feet retail shop area dedicated to the on -sale consumption of wine for tasting purposes. Wine tasting is an ancillary and accessory use to the proposed wine shop. The-request is made to permit patrons the ability to taste wines prior to purchase. Wine tasting is a normal accessory use for wine shops in'generaL Wine tasting will be supervised and occur during normal business hours. SSparation of the Type 21 and 42 Areas The applicant is proposing the construction of a decorative iron fence or wall separating the retail and tasting areas. There will be an opening for ingresslegress. The area will have unobstructed views allowing proper supervision of both the on -sale and off -sale areas of the alcoholic beverage sales areas. The fencelwall will create a permanent 41 .g barrier readily identifying the separate areas and therefore create a controlled and supervised areas of the store. , Supervision and Control The applicant will have a dedicated employee supervising and controlling the wine tasting area. All service of wine and beer will be made by an employee. Patrons will not be permitted to remove alcobdlic beverages from the designated tasting area nor will patrons be permitted to be under the age of21 in -the tasting area as required by the California Business & Professions Cade ( "ABC Act" Sections 25000 et seq.) and policies of the California Department of Alcoholic Beverage Control. �a TENANT: . . The Von's Companies Inc., LLC dba "Pavilions ": PROPOSED SE: Approval of an on -sale wine tasting bar and area (Type 42) alcoholic beverage license and finding ofpublic convenience or necessity for the proposed wine tasting bar and area in the existing retail shop. ADDRESS: 21181 Newport Coast, (Newport Coast Center) .Newport Beach, CA 92657 PROJECT NARRATIVE: ADDENDUM On -Sale Consumntion/Wine Tasting: Type 42 On Sale Beer & Wine Public Premise. The applicant requests the approval of approximately 250 square feet retail shop area dedicated to the on-sale consumption of wine for tasting purposes. "Back bar" area approximately 150 square feet (employees only). Public tasting area approximately 100 square feet. Hours of operation of the wine tasting area 9:00 am to 9:00 pm The applicant reserves the right to during the proposed hours but is not required to continuously serve during the proposed hours. Hours of operation for the supermarket are 6:00 am to Midnight, seven (7) days a week. Service will be made by employee only. Separation of the Type 20 and 42 Areas• Thick velvet rope attached to decorative metal poles will be used to separate the public wine tasting area and "back bar" area The poles are approximately 40 inches tall. The wine tasting area will be supervised by an employee and is under security camera surveillance. Other. Siguage: No new signage is proposed to the exterior ofthe`store other than existing. Adjacent uses: The entire Newport Coast Center is bounded by multi - family residential, public streets, fire station, park and community center (across San Joachin Hills Road), and an elementary school (across Newport Coast Drive). 51 Photos of Wine Tasting Counter Exhibit 5: Photos of Wine Tasting Counter 5,)- ' 0 0+44 rl AV* low 7 ,may_'^' �hl L, . r► PAM Pavilion's Newport Ridge -Wine Tasting s ­IV K, Not NO -, AV IT r PI Aw e It "Molum—p- Wtl Jim W- -W A � Ow l W- now r 1 M s '� As Rpm s1E I WINE AND TAPAS BAR OPEN DAILY I ewadq Up. 3'. Bit of Bubbly for Everyone ... ..., 7-eopm.fi99"e Wine Tastings FmirgaY.fipm)lOpm. Sau.WYY SfnTi•fia+.)bP ^••SlOMpMO^ ri Beer Tastings I — ... M-0 W'i ►. r l 11 � r ( .. -N Y _I � Table of Approvals for Wine Tasting Establishments in the City of Newport Beach Exhibit 6: Table of Approvals for Wine Tasting Establishments in the City of Newport Beach 51 Approvals for Wine Tasting Establishments in the City of Newport Beach Pavillion's Wine Tasting PA2007 -243 (UP2007 -029) °C Business Name Address Suite Case Number Permitted Hours 1 BevMo! 401 Newport Center Drive A100 PA2002 -006 (UP2002 -001) Monday to F day 10:00 a.m.to 9:00 p.m. Saturday 9:00 a.m. to 9:00 p.m. Sunda 10:00 a.m. to 7:00 p.m. Holiday Hrs. 9:00a.m. to 10:00 p.m. 2 Fashion Island Atrium 401 Newport Center Drive PA2005 -061 (UP2005 -014) Not specified by conditions of approval. 3 Sejour 3400 Via Lido PA2002 -167 UP2002 -034 Sunday to Thursday 1:00 .m. to 1 1:00 .m PA2001 -025 UP2001 -005 Friday and Saturday 1:00 p.m. to 12:00a.m. 4 Wine Gallery 2411 East Coast Highway 250 PA2006 -271 (UP2006 -038) Sunday to Thursday 11:00 a.m. to 9:00 p.m. PA2001 -184 (UP2006 -038) Friday and Saturday 11:00 a.m. to 10:00 p.m. 5 Wine Lab /Great Legs 2901 West Coast Highway 100 PA2002 -195. (UP2002 -041) Monday to Wednesday 10:00 a.m. to 7:00 p.m. Sunda 11:00 a.m. to 7:00 p.m. Thursday to Saturday 10:00 a.m. to 9:00 p.m. Pavillion's Wine Tasting PA2007 -243 (UP2007 -029) °C -*a4 - - 7-9a-0g RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007- 029 TO ALLOW THE ON -SALE AND OFF -SALE OF BEER AND WINE AT AN EXISTING RESTAURANT 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 Permit 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 City Council Resolution No. Page 2 of 7 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: 1. 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 City Council Resolution No. Pacie 3 of 7 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. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMEBERS MAYOR ATTEST: CITY CLERK City Council Resolution No. _ Page 4 of 7 EXHIBIT "A" City Council Resolution No. _ Pace 5 of 7 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. 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. 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. City Council Resolution No. Paae 6 of 7 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. 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, City Council Resolution No. _ Page 7 of 7 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 Permit 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.