HomeMy WebLinkAboutPC2020-029 - RECOMMENDING THE CITY COUNCIL APPROVE ZONING CODE AMENDMENT NO. CA2020-005, TO AMEND SECTIONS 20.24.020 (INDUSTRIAL ZONING DISTRICT LAND USES AND PERMIT REQUIRERESOLUTION NO. PC2020-029
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH, CALIFORNIA,
RECOMMENDING THE CITY COUNCIL APPROVE
ZONING CODE AMENDMENT NO. CA2020-005, TO
AMEND SECTIONS 20.24.020 (INDUSTRIAL ZONING
DISTRICT LAND USES AND PERMIT REQUIREMENTS),
20.40.040 (OFF-STREET PARKING SPACES REQUIRED),
20.48.090 (EATING AND DRINKING ESTABLISHMENTS),
AND 20.70.020 (DEFINITIONS OF SPECIALIZED TERMS
AND PHRASES) OF TITLE 20 (PLANNING AND ZONING)
OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE
(PA2020-042)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On April 14, 2020, the City Council of the City of Newport Beach adopted
Resolution 2020-38 initiating an amendment to Title 20 (Planning and Zoning) to
allow food and alcohol service in the Industrial Zoning District (IG) (“Zoning Code
Amendment”).
2. A telephonic public hearing was held by the Planning Commission on July 23, 2020,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place, and purpose of the public
hearing was given in accordance with Government Code Section 54950 et seq.
(“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach
Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Zoning Code Amendment is not a project subject to the California Environmental
Quality Act in accordance with Section 21065 of the California Public Resources
Code (“CEQA”) and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California
Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The
proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3),
the general rule that CEQA applies only to projects, which have the potential for
causing a significant effect on the environment. While this amendment would allow a
new category of use in an existing zoning district, it does not authorize new
development that would directly result in physical change to the environment.
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 2 of 12
SECTION 3. FINDINGS.
1. The Zoning Code Amendment is consistent with the City of Newport Beach
General Plan (“General Plan”). According to the General Plan, “[t]he IG designation
is intended to provide for a wide range of moderate to low intensity industrial uses,
such as light manufacturing and research and development, and limited ancillary
commercial and office uses.” The Zoning Code Amendment would allow wine
tasting rooms with limitations within the Industrial Zoning District (IG), which are
accessory to wine production, sales and distribution and is a commercial use that
is ancillary to the industrial uses in the vicinity. The wine tasting room would also
benefit those who live and work in the area, as it would provide for a location to try
wine products before purchasing.
2. The proposed limitations on wine tasting rooms will help ensure that potential
nuisances are minimized and that the use would not operate as an eating and
drinking establishment or wine bar.
3. The recitals provided in this resolution are true and correct and are incorporated
into the operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission finds the Zoning Code Amendment is not a project
subject to CEQA in accordance with Section 21065 of CEQA and CEQA Guideline
Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations
Title 14, Division 6, Chapter 3. The Zoning Code Amendment is also exempt
pursuant to CEQA Guidelines Section 15061(b)(3), because it has no potential to
have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends the
City Council approve Zoning Code Amendment No. CA2020-005 as set forth in
Exhibit “A,” which is attached hereto and incorporated herein by reference.
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 3 of 12
PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF JULY 2020.
AYES: Ellmore, Klaustermeier, Lowrey, and Weigand
NOES: Kleiman and Rosene
ABSTAIN: None
ABSENT: Koetting
BY:_________________________
Erik Weigand, Chair
BY:_________________________
Lauren Kleiman, Secretary
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 4 of 12
EXHIBIT “A”
ZONING CODE AMENDMENT NO. CA2020-005
Section 1: The row entitled “Eating and Drinking Establishments” of Table 2-12
(Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Allowed Uses and
Permit Requirements) of Chapter 20.24 (Industrial Zoning District (IG)) of the Newport
Beach Municipal Code (NBMC) is amended to read as follows:
Land Use IG Specific Use Regulations
Service Uses - General
Eating and Drinking Establishments
Take-Out Service - Limited P Section 20.48.090
Wine Tasting Room (1) CUP Section 20.48.090
Section 2: Footnote (1) is added to Table 2-12 (Allowed Uses and Permit
Requirements) of Section 20.24.020(C) (Allowed Uses and Permit Requirements) of
Chapter 20.24 (Industrial Zoning District (IG)) of the NBMC to read as follows:
(1) Wine Tasting Room Hours of Operation. The permitted hours of operation shall be
limited to Monday through Friday from 4:00 p.m. to 11:00 p.m., and Saturday and
Sunday from 12:00 p.m. to 11:00 p.m.
Section 3: Section 20.48.090 (Eating and Drinking Establishments) of Chapter 20.48
(Standards for Specific Land Uses) of the NBMC is re-lettered and amended to read as
follows:
20.48.090 Eating and Drinking Establishments
This section provides standards for the establishment and operation of eating and
drinking establishments.
A. Standards - All Eating and Drinking Establishments.
1. Outdoor Activities. Activities shall be conducted entirely within an enclosed structure,
except for the following, which shall not be located between the activity and the side of
a structure adjacent to a residential zoning district.
a. The checking of patrons’ identification;
b. Valet parking activities;
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 5 of 12
c. Outdoor dining when in compliance with the standards in subsection (D) of this
section (Standards—Outdoor Dining);
d. Outdoor smoking areas in compliance with State law;
e. Queuing of patrons, which shall be managed to:
i. Allow pedestrian passage on the sidewalk; and
ii. Not be adjacent to residential zoning districts and residential uses.
2. Outdoor Storage. Outdoor storage of boxes, equipment, materials, merchandise, and
other similar items shall be allowed if the storage area is:
a. Screened from public view, subject to the Director’s approval; and
b. Dedicated for storage only; provided that the dedicated area shall not occupy
required parking spaces or open space areas.
3. Solid Waste Storage. The review authority may require storage areas and receptacles
that are in addition to the requirements for solid waste storage areas in Section
20.30.120 (Solid Waste and Recyclable Materials Storage).
B. Standards - On-Sale Alcohol Sales.
1. Operational Standards. In addition to the standards in subsection (A) of this section,
the following standards shall apply to eating and drinking establishments that sell, serve,
or give away alcohol:
a. Sales Activities. Alcoholic beverages shall not be sold, served, or given away:
i. Outside of the exterior walls of the eating and drinking establishment, except
for approved outdoor dining areas;
ii. From drive-up or walk-up service windows; or
iii. To persons in watercraft.
b. Litter and Graffiti. The owner/operator shall:
i. Maintain the exterior of the premises, including signs and accessory
structures, free of litter and graffiti at all times;
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 6 of 12
ii. Provide for daily removal of trash, from the premises and abutting sidewalks
or alleys within twenty (20) feet of the premises; and
iii. Remove graffiti within forty-eight (48) hours of written notice from the City.
c. Security. The review authority may require the eating and drinking establishment
to provide security personnel, security programs, and/or surveillance devices.
d. Sales Training.
i. Owners, operators, servers, vendors, and persons selling, serving, or giving
away alcoholic beverages shall complete a Licensee Education on Alcohol and
Drugs (LEAD) program sponsored by the Department of Alcoholic Beverage
Control.
ii. Records of each owner’s, operator’s, server’s, vendor’s, and employee’s
successful completion of the LEAD training program shall be maintained on the
premises and shall be presented to a representative of the City upon request.
e. Conditions of Approval. The owner/operator shall maintain a copy of the most
recent City permit conditions of approval on the premises and shall post a notice
that these are available for review on the premises. The posted notice shall be
signed by the permittee.
f. Public Telephones. Upon request of the Police Chief or as required by the ABC,
a public telephone located on the premises or in an adjacent area under the control
of the owner/operator shall be equipped with devices or mechanisms that prevent
persons from calling in to that public telephone.
2. Development Standards.
a. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, the
following shall apply:
i. Window signs shall not obstruct the view of the interior of the premises (e.g.,
sales counter, cash register, employees, customers, etc.) from the exterior.
ii. Loitering, open container, and other signs specified by the Alcoholic Beverage
Control Act shall be posted as required by the ABC.
b. Site and Floor Plans. The site and floor plans of an eating and drinking
establishment that sells, serves, or gives away alcohol shall incorporate design
features to reduce alcohol-related problems. The review authority may require the
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 7 of 12
incorporation of preventive design features (e.g., openness to surveillance and
control of the premises, the perimeter, and surrounding properties; reduction of
opportunities for congregating and obstructing public rights-of-way and neighboring
property; illumination of interior and exterior areas; and limiting furnishings and
features that encourage loitering and nuisance behavior) and other safety features
(e.g., security, restrooms, additional exits, etc.).
C. Standards - Noise Control Late-Hour Operations. To encourage appropriate patron
conduct, the owner/operator of an eating and drinking establishment that sells, serves, or
gives away alcohol shall post signs at clearly visible locations within the establishment
and at both on-site and off-site parking areas under the owner/operator’s control. The
signs shall request patrons to keep noise to a minimum.
D. Standards - Outdoor Dining (Including Late-hour Operations).
1. Public Property. Outdoor dining on public property shall comply with Chapter 13.18
(Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works
Department.
2. Private Property. Outdoor dining on private property shall comply with the following
standards:
a. Barriers. Appropriate barriers shall be placed between outdoor dining areas and
parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to
define the areas and shall not constitute a permanent all-weather enclosure.
b. Associated Elements. Physical elements (e.g., awnings, covers, furniture,
umbrellas, etc.) that are visible from public rights-of-way shall be compatible with
one another and with the overall character and design of the principal structure(s).
E. Standards - Bars, Nightclubs, and Lounges. Bars, nightclubs, and lounges shall comply
with the standards in subsections (A) through (D) of this section. In addition, the structure
in which the bar, nightclub, or lounge is located shall be adequately soundproofed so that
interior noise is not audible beyond the lot line with the doors and windows closed.
F. Standards - Wine Tasting Rooms. In addition to the standards set forth in subsections
(A) through (D), wine tasting rooms shall comply with the following standards:
1. The building in which the wine tasting room is located shall be a minimum of 500 feet
from the property line of any property that contains a preschool, elementary, middle, or
high school.
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 8 of 12
2. The wine tasting room shall operate under an ABC Type 2 (Winegrower) license only.
3. The wine tasting room shall not operate as a bona fide eating establishment, but may
serve incidental foods such as bread, crackers, cheeses or nuts. Any kitchen or food
preparation area provided shall have no cooking equipment that requires a mechanical
ventilation system to exhaust heat, steam or grease vapor.
4. Limited private events may occur within the wine tasting room, provided the wine
tasting room remains open to the public.
5. Live entertainment is prohibited.
G. Permit Requirements.
1. New Establishments. Permits and licenses required by Title 5 (Business Licenses
and Regulations) shall be obtained for new eating and drinking establishments, in
addition to permits required by Part 2 of this title (Zoning Districts, Allowable Land Uses,
and Zoning District Standards).
2. Existing Establishments. An existing eating and drinking establishment, including
bars, lounges, and nightclubs, shall obtain permits and licenses required by Title 5
(Business Licenses and Regulations) in the following circumstances:
a. Substantial Change. When there is a substantial change in operation including
any of the following:
i. An application for, or a change in type of, retail liquor license from the
Department of Alcoholic Beverage Control;
ii. An increase in the floor area principally devoted to alcohol sales by twenty-
five (25) percent or more or by two hundred fifty (250) square feet or more,
whichever is less; or
iii. A reinstatement of alcohol sales after the ABC has revoked or suspended the
existing ABC license for a period of longer than thirty (30) days.
b. Objectionable Conditions. When the establishment is operated or maintained
under objectionable conditions that constitute a public nuisance, including any of
the following:
i. A pattern of documented violations of the permit conditions, this Zoning Code,
the Municipal Code, the Penal Code, or other State statutes; or
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 9 of 12
ii. A pattern of substantiated complaints of activity constituting evidence of a
nuisance.
3. Review Criteria.
a. Late-Hour Operations. When reviewing an application to allow late-hour
operations, the review authority shall consider the following potential impacts upon
adjacent or nearby uses:
i. Noise from music, dancing, and voices associated with allowed indoor or
outdoor uses and activities;
ii. High levels of lighting and illumination;
iii. Increased pedestrian and vehicular traffic activity during late night and early
morning hours;
iv. Increased trash and recycling collection activities;
v. Occupancy loads of the use; and
vi. Any other factors that may affect adjacent or nearby uses.
b. Outdoor Dining. When reviewing an application to allow outdoor dining, the
review authority shall consider the relation of outdoor dining areas to sensitive noise
receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall
be applied to eliminate potential impacts related to glare, light, loitering, and noise.
c. On-Sale Alcohol Sales. When reviewing an application to allow an eating or
drinking establishment to sell, serve, or give away alcohol, the review authority
shall:
i. Evaluate the potential impacts upon adjacent uses outlined in subsection
(F)(3)(a) of this section (Late-Hour Operations). For the purposes of this
subsection, “adjacent uses” shall mean those uses within one hundred (100)
feet of the proposed use, as measured between the nearest lot lines;
ii. Consider the proximity to other establishments selling alcoholic beverages for
either off-site or on-site consumption; and
iii. Make the findings in Section 20.48.030(C)(3) (alcohol sales—off-sale).
4. Post-Decision Procedures.
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 10 of 12
a. With On-Sale Alcohol Sales. For establishments with permits for on-sale alcohol
sales, the post-decision procedures in Section 20.48.030(C)(4) shall apply.
b. Without On-Sale Alcohol Sales. For establishments that do not sell, serve, or
give away alcohol, the procedures and requirements in Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals in Part
6 of this title (Zoning Code Administration) shall apply.
Section 4: Table 3-10 (Off-Street Parking Requirements) in Section 20.40.040 (Off-
Street Parking Spaces Required) is amended to add a row to include parking standards
for Wine Tasting Rooms to read as follows:
Land Use Parking Spaces Required
Service Uses—General
Eating and Drinking Establishments
Wine Tasting Room 1 per each 4 persons based on allowed
occupancy load or as required by conditional
use permit
Section 5: The definition for “Eating and Drinking Establishments (Land Use)” within
Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70
(Definitions) shall be amended to include the definition of “Wine Tasting Room” to read
as follows:
Eating and Drinking Establishments (Land Use). See also “Alcohol sales, on-sale” and
“Drive-through facilities.”
1. “Accessory food service” means a type of food service establishment that:
a. Sells food and/or beverages as an accessory use in a retail, office, or institutional
structure;
b. Does not change the character of the principal use;
c. Does not sell, serve, or give away alcoholic beverages;
d. Does not have an entrance separate from the principal use; and
e. Has hours of operation that are the same as those of the principal use.
2. “Bar, lounge, and nightclub” means an establishment that sells or serves alcoholic
beverages for consumption on the premises and is holding or applying for a public
premises license from the California State Department of Alcoholic Beverage Control
(ABC) (i.e., ABC License Type 42 (On-Sale Beer and Wine—Public Premises), ABC
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 11 of 12
License Type 48 (On-Sale General—Public Premises), and ABC License Type 61 (On-
Sale Beer—Public Premises)). Persons under twenty-one (21) years of age are not
allowed to enter and remain on the premises. The establishment shall include any
immediately adjacent area that is owned, leased, rented, or controlled by the licensee.
3. “Fast food” means an establishment whose design or principal method of operation
includes four or more of the following characteristics:
a. A permanent menu board is provided from which to select and order food;
b. A chain or franchise restaurant;
c. Customers pay for food before consuming it;
d. A self-service condiment bar and/or drink service is/are provided;
e. Trash receptacles are provided for self-service bussing; and
f. Furnishing plan indicates stationary seating arrangements.
A fast food establishment may or may not have late hour operations (see “Late hour
operations”). Alcoholic beverages are not sold, served, or given away on the premises.
If alcoholic beverages are sold, served, or given away on the premises, the use shall
be considered a food service use. See “Food service.”
4. “Food service, no late hours” means an establishment that sells food and beverages,
including alcoholic beverages, prepared for primarily on-site consumption, and that has
all of the following characteristics:
a. Establishment does not have late hour operations (see “Late hour operations”);
b. Customers order food and beverages from individual menus;
c. Food and beverages are served to the customer at a fixed location (i.e., booth,
counter, or table); and
d. Customers pay for food and beverages after service and/or consumption.
5. “Food service, late hours” means an establishment that sells food and beverages,
including alcoholic beverages, prepared for primarily on-site consumption, and that has
all of the following characteristics:
a. Establishment does have late hour operations (see “Late hour operations”);
b. Customers order food and beverages from individual menus;
c. Food and beverages are served to the customer at a fixed location (i.e., booth,
counter, or table); and
d. Customers pay for food and beverages after service and/or consumption.
6. “Late hour operations” means facilities that provide service after 11:00 p.m.
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63
Planning Commission Resolution No. PC2020-029
Page 12 of 12
7. “Outdoor dining, accessory” means an outdoor dining area contiguous and accessory
to a food service establishment.
8. “Take-out service, limited” means an establishment that sells food or beverages and
that has all of the following characteristics:
a. Sales are primarily for off-site consumption;
b. Customers order and pay for food at either a counter or service window;
c. Incidental seating up to six seats may be provided for on-site consumption of
food or beverages; and
d. Alcoholic beverages are not sold, served, or given away on the premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream
and frozen dessert stores, small delicatessens, and similar establishments.
9. “Take-out service only” means an establishment that offers a limited variety of food
or beverages and that has all of following characteristics:
a. Sales are for off-site consumption;
b. Seating is not provided for on-site consumption of food or beverages; and
c. Alcoholic beverages are not sold, served, or given away on the premises.
10. “Wine Tasting Room” means an establishment that operates pursuant to an ABC
Type 2 (Winegrower) license to provide the sale of wine that is produced by said winery
for on- and off-site consumption. The sale of other types of alcohol, such as beer and
distilled spirits, shall be expressly prohibited.
DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63