HomeMy WebLinkAbout02_ARC Bottle Shop Minor Use Permit_PA2021-003
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 11, 2021
Agenda Item No. 2
SUBJECT: ARC Bottle Shop (PA2021-003)
Minor Use Permit No. UP2021-003
SITE LOCATION: 501 30th Street
APPLICANT: DSH Industries, LLC
OWNER: Rosemary Czopek
PLANNER: Benjamin M. Zdeba, AICP, Senior Planner
949-644-3253 or bzdeba@newportbeachca.gov
LAND USE AND ZONING
Coastal Land Use Category: Mixed-Use Horizontal (MU-H)
Coastal Zoning District: Mixed-Use Cannery Village and 15th Street (MU-CV/15th St)
General Plan: Mixed Use Horizontal (MU-H4)
Zoning District: Mixed-Use Cannery Village and15th Street (MU-CV/15th Street)
PROJECT SUMMARY
A request for a minor use permit. The applicant proposes to occupy an existing ground-
floor nonresidential tenant space of a mixed-use building (residential above) with a
boutique retail wine shop. No improvements are proposed to the space beyond cosmetic
upgrades and display cases. The wine shop would operate with a new Type 20 ABC
License (Off-Sale Beer & Wine). The applicant would like to operate from 10 a.m. to 9
p.m., daily. There will be no on-site tastings and no food served.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. ZA2021-_ approving Minor Use
Permit No. UP2021-003 (Attachment No. ZA 1).
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DISCUSSION
The subject property is located on the northeastern corner of 30th Street and Villa
Way within Cannery Village on the Balboa Peninsula. The property is developed
with a two-story mixed-use building and on-site parking consisting of four parking
spaces for the nonresidential tenant space and two garage spaces for the
residential unit above. Mixed-use development generally surrounds the site and a
public parking lot is located to the southwest. Other uses nearby include personal
service uses and eating and drinking establishments.
The proposal is to occupy an existing ground-floor nonresidential tenant space of
a mixed-use building with a boutique wine shop. There will be no expansion of floor
area and minimal changes to the existing, approved floor plan. The hours of
operation will be limited to between 10 a.m. and 9 p.m., daily. There will be no
tastings nor will there be any food served. A more detailed description was
provided by the applicant and is attached as Attachment No. ZA 3.
The property is designated by the Zoning Code and the Local Coastal
Implementation Plan as Mixed-Use Cannery Village and15th Street (MU-CV/15TH
ST), which applies to areas where it is the intent to establish a cohesively
developed district or neighborhood containing multi-unit residential dwelling units
with clusters of mixed-use and/or commercial structures on interior lots of Cannery
Village and 15th Street on the Balboa Peninsula. The proposed project will occupy
the ground-floor nonresidential tenant space of an existing mixed-use structure.
The proposed use requires the approval of a minor use permit pursuant to Table
2-8 of Newport Beach Municipal Code (NBMC) Section 20.22.020 (Mixed-Use
Zoning Districts Land Uses and Permit Requirements).
While the property lies within the Coastal Zone, the project is exempt from the
requirements of a Coastal Development Permit (CDP) because there is no expansion
in floor area and no additional parking is required; therefore, the proposed changes
do not constitute any changes in land use that are anticipated to result in an
intensification nor a deintensification of land use.
The Newport Beach Police Department (NBPD) has reviewed the proposed
application and has no objections to the request with recommended conditions of
approval in place. The NBPD memorandum, crime and alcohol related statistics,
and reporting district map are attached (Attachment No. ZA 4).
Staff believes this use will be consistent and compatible with existing and allowed
uses within the area. Existing uses in the mixed-use neighborhood and the nearby
Landing Shopping Center reflect the type of restaurants, retail and service uses
allowed by the regulations for the Zoning District and typically expected by
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residents and the public of similar mixed-use and commercial areas. The attached
Resolution for approval (Attachment No. ZA 1) provides facts in support of each
consideration and finding.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
The proposal is to occupy an existing nonresidential tenant space with a new retail sales
land use. There will be no significant improvements to the interior of the building and no
expansion of floor area. Given there is no change to the amount of parking required, there
is also no anticipated increase in intensity.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
_____________________
Benjamin M. Zdeba, AICP
Senior Planner
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3
ZA 4 Police Department Memorandum
ZA 5 Existing Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2021-003 TO ESTABLISH AND OPERATE A
BOUTIQUE RETAIL WINE SHOP WITH A TYPE 20 ALCOHOLIC
BEVERAGE CONTROL (ABC) LICENSE (OFF-SALE BEER &
WINE) WITH NO TASTING OR FOOD ON-SITE LOCATED AT 501
30TH STREET (PA2021-003)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by DSH Industries, LLC (Applicant), with respect to property
located at 501 30th Street, and legally described as Lot No. 1 of Tract No. 16292, requesting
approval of a minor use permit.
2. The Applicant proposes to occupy an existing ground-floor nonresidential tenant space of
a mixed-use building (residential above) with a boutique retail wine shop. No improvements
are proposed to the space beyond cosmetic upgrades and display cases. The wine shop
would operate with a new Type 20 ABC License (Off-Sale Beer & Wine). The Applicant
would like to operate from 10 a.m. to 9 p.m., daily. There will be no on-site tastings and no
food served.
3. The subject property is designated Mixed-Use Horizontal (MU-H4) by the General Plan
Land Use Element and is located within the Mixed-Use Cannery Village and 15th Street
(MU-CV/15TH ST) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed-Use Horizontal (MU-H) and it is located within the Mixed-Use Cannery
Village and 15th Street (MU-CV/15TH ST) Coastal Zone District. The project is exempt from
the requirements of a Coastal Development Permit (CDP) because there is no expansion
in floor area and no additional parking is required; therefore, the proposed changes do not
constitute any changes in land use that are anticipated to result in an intensification nor a
deintensification of land use.
5. A public hearing was held online on March 11, 2021, observing restrictions 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 hearing was given in accordance
with the Newport Beach Municipal Code. Evidence, both written and oral, was presented
to, and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
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of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The proposal is to occupy an existing nonresidential tenant space with a new retail sales
land use. There will be no significant improvements to the interior of the building and no
expansion of floor area. Given there is no change to the amount of parking required,
there is also no anticipated increase in intensity.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code
(NBMC), the following findings and facts in support of the findings for a use permit are set forth:
Finding
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Zoning Code.
Facts in Support of Finding
In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of NBMC,
the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The crime rate in the subject reporting district (RD 15) as well as two (2) of the
three (3) adjacent RDs (Reporting Districts) are over the City average. RD 15
contains the large commercial shopping center known as The Landing at 32nd
Street and Balboa Boulevard and much of Via Lido and Balboa Boulevard. The
purpose of the Zoning of these beach areas is to provide various commercial and
retail uses to support the surrounding residential area, as well as the surrounding
tourist destinations. Therefore, these beach areas with a higher concentration of
commercial land uses tend to have a higher crime rate than adjacent RDs with
more residential development.
2. The Newport Beach Police Department (NBPD) reviewed the proposed project
and has no objections given the limited operation and the conditions of approval
contained in Exhibit A.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
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1. Due to the high concentration of commercial land uses, the calls for service and
number of arrests are greater than adjacent RDs. Additionally, this is the beach
area that is considered one (1) of the most significant tourist areas of the City.
2. The NBPD reviewed the proposed project and has no objections given the limited
operation and the conditions of approval contained in Exhibit A.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses,
and any uses that attract minors.
The tenant space is located on the ground floor of a mixed-use building with
residential above. The surrounding area is mixed-use with residential and various
commercial services including offices, personal services, retail, and eating and
drinking establishments of a similar nature. The residential uses are intermixed
amongst these uses, mostly on second floors. The neighborhood is intended and
designed for a mixing of residential and commercial uses. The nearest park, Lido
Park, is approximately 600 feet northeast of the site. There is one (1) church more
than 500 feet north. Other sensitive land uses above are not located within close
proximity of the subject building.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or
on-site consumption.
1. Several other establishments along 32nd Street, Balboa Boulevard and Via Lido
currently have active ABC Licenses, most of which are bona fide eating and
drinking establishments and are not defined as bars, lounges or nightclubs by the
NBMC. Approximately 200 feet west on the same block is ARC Butcher & Baker.
Approximately 350 feet across 30th Street on the south corner of 30th Street and
Newport Boulevard is Helmsman Ale House (formerly Newport Brewing
Company). On the opposite corner is Porro Vita Juice store. North of Porro Vita
Irish Pub (the only bar in the vicinity). North of Malarky is The Landing Shopping
Center with Chipotle, and Chihuahua Cervezeria.
2. The proposed project is a unique operation that is conditioned to close at 9 p.m.
with no allowance for food service or tastings on-site. There are appropriate
conditions in place to prevent the retail establishment from operating as a
restaurant, bar, or lounge. The proximity to food service establishments does not
appear to create foreseeable concern.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions
There are no current objectionable conditions at this location.
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Minor Use Permit
In accordance with Section 20.52.020(F) (Findings and Decision) of the NBMC, the following
findings and facts in support of the findings for a minor use permit are set forth:
Finding
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding
1. The General Plan designates the site as Mixed Use Horizontal (MU-H4), which applies
to areas where it is the intent to establish a cohesively developed district or
neighborhood containing multi-unit residential dwelling units with clusters of mixed-use
and/or commercial structures on interior lots of Cannery Village and 15th Street on
Balboa Peninsula. The proposed use will occupy the ground-floor nonresidential tenant
space of an existing mixed-use building that has a residential unit above.
2. The proposed use is consistent with the MU-H4 designation, as it is intended to
provide a service not only to visitors, but also to residents within the immediate
neighborhood and surrounding area.
3. Several mixed-use structures including office, personal service, and eating and
drinking establishment uses exist nearby and are complementary to the surrounding
commercial and residential uses.
4. The subject property is not part of a specific plan area.
Finding
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding
1. The property is located in the Mixed-Use Cannery Village and 15th Street (MU-
CV/15TH ST) Zoning District. The proposed boutique retail wine shop is considered
an off-sale alcohol sales land use, which is allowed subject to the approval of a minor
use permit (MUP) pursuant to Section 20.22.020 (Mixed-Use Zoning Districts Land
Uses and Permit Requirements) of the NBMC.
1. Given the previous use of the nonresidential tenant space was retail sales/office,
there is no change to the parking requirement and no additional parking is required.
2. All criteria outlined by Section 20.48.030 of the NBMC have been considered and
are analyzed in the preceding section of this Resolution.
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Finding
D. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity;
Facts in Support of Finding
1. The operation of the use will be restricted to the hours between 10 a.m. and 9 p.m.,
daily. These hours are consistent with the business hours of other uses in the
commercial area and is limited to exist in harmony with the residential uses nearby.
2. The existing ground-floor nonresidential tenant space is located within an existing two
(2)-story mixed-use building accessible from 30th Street and the alley at the rear, which
provides convenient access to motorists, pedestrians, and bicyclists.
3. The surrounding area contains various, retail, business office and visitor-serving
commercial uses including restaurants and take-out eating establishments. The
proposed use will be compatible with and complementary to the existing and
permitted uses within the area.
4. The operational conditions of approval relative to the sale of alcoholic beverages will
help ensure compatibility with the surrounding uses and minimize alcohol-related
impacts. The project has been conditioned to ensure that the business remains an off-
sale alcohol land use and that it does not become a restaurant, bar or tavern.
Finding
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities; and
Facts in Support of Finding
1. The proposed use will occupy an existing nonresidential tenant space, which has
existed for nearly 20 years. There will be no material changes to the floor plan or
alterations to the site that would compromise its suitability.
2. There are three (3) tandem parking spaces on-site, including two (2) for employees and
one for a visitor to the tenant space. In addition, there is a fourth (4th) accessible space
that is accessed from 30th Street. As conditioned, no more than two (2) employees will
be on-site at any given time.
3. Original site plan approvals for the tenant space included a review to ensure
adequate public and emergency vehicle access, and that public services, and utilities
are provided. Any tenant improvement plans will be reviewed for compliance with
applicable building and fire codes.
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Finding
F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, and safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Finding
1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The Applicant is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and
areas surrounding the subject property and adjacent properties during business hours,
if directly related to the patrons of the establishment.
2. The establishment will serve the surrounding community in a commercial area
designed for such uses. The sale of alcohol is provided as a public convenience for
off-site consumption.
3. All owners, managers, and employees selling or serving alcohol will be required to
complete a Responsible Beverage Service Certification Program.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2021-003, subject to the conditions set forth in Exhibit A, which is attached hereto
and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF MARCH, 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development and operation shall be in substantial conformance with the approved
floor plan and project description attached to the staff report and dated with the date of this
approval (except as modified by applicable conditions of approval).
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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 Minor
Use Permit (MUP).
4. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs) of the NBMC.
5. This MUP may be modified or revoked by the Zoning Administrator if determined that the
proposed uses or conditions under which it is being operated or maintained is
detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
6. The hours of operation shall be limited to between 10 a.m. and 9 p.m., daily.
7. There shall be no on-site tasting allowed at any time and food service of any kind is
prohibited, including the on-site consumption of pre-packaged food items.
8. There shall be no more than two (2) employees on-site at any given time. All employees
shall park in the spaces designated as Employee Parking on the approved site plan.
The two spaces designated as Visitor Parking on the approved site plan shall always
remain unobstructed and available to patrons.
9. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require subsequent review and may require an amendment to
this MUP or the processing of a new MUP.
10. 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.
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11. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
12. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 8 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of
Community Development, and may require an amendment to this MUP.
13. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
14. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the NBMC to require such
permits.
15. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the NBMC.
16. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
ents and court costs) of every kind and nature
approval of ARC Bottle Shop including, but not limited to, Minor Use Permit No. UP2021-
003 (PA2021-003). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred
in connection with such claim, action, causes of action, suit or proceeding whether incurred
by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The Applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Building Division
17. Should the Applicant make any improvements to the tenant space that would require the
issuance of a building permit, said building permit plans shall demonstrate compliance with
the California Building Code (CBC) Chapter 11B with respect to accessibility.
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Police Department
18. The Alcoholic Beverage Control License shall be limited to a Type 20 (Off-Sale Beer &
Wine). Any substantial change in the ABC license type shall require subsequent review
and a potential amendment of the MUP.
19. This approval does not permit the establishment to operate as a food service eating and
drinking establishment, bar, tavern, cocktail lounge or nightclub, as defined in the NBMC.
20. The consumption of alcoholic beverage at this location is prohibited.
21. The Applicant shall install and maintain a security recording system with a 30-day retention
and shall make those recordings available to the NBPD upon request.
22. All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every
three (3) years regardless of certificate expiration date. The certified training program must
meet the standards of the certifying/licensing body designated by the State of California.
The establishment shall comply with the requirements of this section within 60 days of
require certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
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Attachment No. ZA 2
Vicinity Map
15
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
3/3/2021
0 400200
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Attachment No. ZA 3
17
1
ARC BOTTLE SHOP
501 30th STREET | NEWPORT BEACH
CALIFORNIA | 92663
January 11, 2021
Project Description
To: City of Newport Beach Planning Department
Project: ARC Bottle Shop – 501 30th Street, Newport Beach CA 92663
Parcel No.: 047-032-29
We are happy to present to the City of Newport Beach an exciting new concept, ARC
Bottle Shop, an upscale, retail-only, Wine Shop. Located in the heart of Cannery
Village, our proposed project is within the City’s zoning with approval of a Minor Use
Permit. The building is to remain as is, as well as the existing premises, parking stalls,
and landscaping are to remain. No additional square footage or height is to be added to
the existing two story building, the project will occupy the appropriate commercial-use
space on the ground floor of the building. The goals and objectives of the Minor Use
Change will be to enhance and serve the Newport Beach Peninsula residential,
commercial and office district with a unique and boutique wine shop dedicated to
procuring fine and esoteric wine selections, further modernizing and rejuvenating the
blossoming Cannery Village neighborhood.
ARC BUTCHER & BAKER - “project description”
Reminiscent of a European wine shop, Arc Bottle Shop offers the Newport Peninsula a
unique way to become introduced to fine wine and uncommon beers. The petite, yet
refined, European piazza style shop offers a curated display of hand selected wine and
beer offerings displayed in a minimalist and stylized fashion. Our wine sommelier
curates an exceptional list of old-world European Wines and superior New-World
California wines. All beverage selections are to be consumed off-site. No on-site
consumption or seating is proposed.
PA2021-003
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Project Parameters:
a. Lot Area = 3,075 s.f.
b. Lot Width = 30’-0”
c. Lot Depth = 92-10 ½”
d. Setbacks:
1. Front = 5’-6” existing to remain
2. Rear = 10’-0 ½” existing to remain
3. Side (s) = 0’ existing to remain
e. Gross Floor Area = 660 s.f. (43’ x 14’) existing to remain
f. Floor Area Ration = 660 / 3,075 = .214% existing to remain
g. Lot Coverage = 660 / 3,075= .214% to remain
h. Building Height = 31’-6 ¼” to top of existing parapet coping
i. Landscaping = existing to remain .025%
j. Paving = existing to remain 50%
k. Parking = 1 Van HC Stall + 3 Standard Stalls = 4 Stalls (existing parking count to
remain)
l. Number of Employees = 1 Max at one time. For example; 1 sommelier or 1
manager
m. Number of Seats = 0 seats
n. Dwelling Units = 1 dwelling unit above on 2nd floor
o. Hours of Operation 10am to 9pm
p. Use = Retail Wine Shop
q. Alcohol Service = Off-sale Beer & Wine (Type 20)
Our proposed Minor Use Change and Project is consistent with the General Plan and
any applicable specific plan of the existing site and use.
The Use is allowed within applicable zoning district and complies with all other
applicable provisions of the Zoning Code and Municipal code.
Our project and Proposed Minor Use Change is unique in operation, serving as the only
high-end wine shop on the peninsula. The project is consistent and complimentary to
the to the existing neighborhood which is mixed use and features takeout
establishments, cafés and restaurants. Our total number of parking stalls is 4, the total
number of employees at any time is 1. The overall design, size and location of the
existing building is to remain as is.
Our project is compatible and is suitable in terms of design, location, shape, size,
operating characteristics, and the provisions of public and emergency vehicles (e.g. fire
and medical access) and public services / utilities. Our project has one access entrance
which also serves as main entrance / exit at the right side of building.
Our proposed project is compatible and is suitable in terms of the operation and
location. Our proposed project is not in any form detrimental to the harmonious and
orderly growth of the City. Our project is not a hazard to the public convenience, health
PA2021-003
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interest, safety or general welfare of persons residing or working in the neighborhood of
proposed use. Our project has a strict 10am to 9pm operational curfew. We provide a
clear and accessible path of travel to all building occupants and customers for our off-
site retail wine shop. Our proposed use would offer beer and wine to customers for off-
site consumption only. Our intention is to blend in with the existing neighborhood while
enhancing and serving the existing Newport Beach Peninsula’s residential, commercial
and office districts.
Thank you,
Marin S. Howarth
(714) 350-0853
DSH Industries, LLC.
501 30th Street
Newport Beach, CA 92663
PA2021-003
20
Attachment No. ZA 4
Police Department Memorandum
21
22
23
24
25
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
3/3/2021
0 4,0002,000
26
Attachment No. ZA 5
Existing Plans
27
PA2021-00328
PA2021-00329
PA2021-00330
From:jill markowicz
To:CDD
Subject:Arc bottle shop
Date:Sunday, March 7, 2021 2:45:41 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
To Whom it may concern,
I am not able to attend this hearing as I work, here are my concerns.
I am a Cannery Village resident for 16 years and business owner in Newport for 26 years now.
In the couple of years that Arc has been here there have been many concerns regarding NOAHBLOM’S LACK OF CONCERN for the residents that surround him. Trying to bring in even
more congestion, by adding more alcohol sales to this already problematic area is yet anotherexample, especially in a reasonably quiet residential street that isn’t looking for more foot or
vehicle traffic.
We are a mixed use area but your department needs to keep the scale balanced and stopbringing in more businesses that cause more traffic and parking problems for the people who
have been here for years. What is the limit? Where are our existing customers supposed topark when the city parking lot is already packed with local employees as it is?
When do you start to honor the RESIDENTS who pay taxes and a hefty price to live here? Do
you just keep saying yes to everyone because it’s mixed use? Lean on the mixed part and keepin mind people LIVE here and deserve peace in the homes they’ve worked hard to acquire.
Just because we’re zoned for it doesn’t make it a good idea.
This area is busy enough and we have all suffered beyond belief from Covid and all of the
outdoor mayhem that came with it. You have no idea how difficult it’s been to live this wayand now he wants to add to it?! If any of you lived here and had to deal with the ridiculous
noise of intoxicated people gathered in a parking lot 7 days a week you wouldn’t make it.We’re barely making it and it’s too much to ask of us to just add more when we’re all waiting
for the day they are told to take it back inside. Trust me when I say we are all banned togetherto fight for our right to live in peace, no matter what it takes so it might be wise for you to shut
this down before lawyers get involved. We are done with drunks and congestion. Just look upall of the police reports that exist and you’ll see it’s no joke.
Bringing in more booze and having a store open until 9:00 on a block of residents with quiet
businesses is a direct degrading of our lifestyle and our property value. We are watching yourdepartment very closely now that Noah is a city council member also. If there are any
exceptions made for him because of it, it’s not going to go well.
Let’s work on bring peace back in, not make it worse.
Thank you for reading,Jill Markowicz
Zoning Administrator - March 11, 2021 Item No. 2a Additional Materials Received ARC Bottle Shop Minor Use Permit (PA2021-003)