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HomeMy WebLinkAbout1555 - APPROVE UP_2411 EAST COAST HWYRESOLUTION NO. 1555 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2001 -033 (PA2001 -184) FOR PROPERTY LOCATED AT 2411 EAST COAST HIGHWAY, SUITE 250 THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Jeff Schroeder and Chris Olsen, with respect to property located at 2411 East Coast Highway and legally described as Lot 2 of Block `B" of Tract 470, requesting approval of Use Permit No. 2001 -033 to expand an existing wine shop and to conduct accessory, on -site wine tasting. Section 2. A public hearing was held on April 4, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid 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. Section 3. The Planning Commission finds as follows: 1. The proposed location of the alcoholic retail sales establishment needing this use permit, and the proposed conditions under which it would be operated or maintained, is 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 use permit pertains to expansion of an existing wine shop with ancillary on -site wine tasting establishment to be opened in a building that is designated and zoned for this activity. The use has been conditioned in such a manner to minimize the impacts associated with sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. The introduction of the wine tasting/education within the downstairs area could be construed as an expansion of the use resulting in more parking demand; however, the use has been conditioned to permit that specific portion of the business to be operated only during evening hours when other businesses within the building are closed in order to make parking within the parking lot available to potential users. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: City of Newport Beach Planning Commission Resolution No. Paee 2 of 5 a. The convenience of the public can be served by proposed wine tasting and wine education in that it is a logical accessory use to the sale of premium wines intended for off -site consumption, does not substantially change the nature of the business, and promotes responsible alcohol consumption and education. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use due to the restriction in the amounts of wine tasted being limited to no more than one ounce samples, and the bulk of the alcohol- related sales will be for off -site consumption. C. The number of alcohol licenses within the reporting districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County -wide data. d. The percentage of alcohol- related arrests in the police - reporting district in which the project is proposed is lower than the percentage citywide. Retail sales and minor on -site consumption (wine tasting) is not expected to increase alcoholic related crime. e. There are no day care centers, schools, and places of religious assembly, or park and recreation facilities in the vicinity of the project site. Residences exist to the south of the site across an existing alley. Even though access to the parking lot is from that alley, there is not expected to be an adverse impact on the residential uses in that the wine tasting is minor in nature, will be limited to small samples, and has otherwise been conditioned to assure that the wine tasting be limited as a small accessory use to the main retail nature of the business as sale of wine for off -site consumption. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Minor alteration of existing structures). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2001 -033, subject to the Conditions set forth in Exhibit "A" Section 5. 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 action 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. City of Newport Beach Planning Commission Resolution No. Paee 3 of 5 PASSED, APPROVED AND ADOPTED THIS 4th DAY OF APRIL 2002. AYES: McDaniel, Agaianian, Tucker, Gifford Kranzley and 5elich NOES: EXCUSED: BY: Larry Tucker, Chairman WWI i City of Newport Beach Planning Commission Resolution No. Page 4 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2001-033 The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated April 20, 2001. 2. Use Permit No. 2001 -033 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. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the Uniform Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the Orange County Health Department is required prior to permit issuance. 4. The wine tasting areas shall have adequate barriers as required by the California State Department of Alcoholic Beverage Control (ABC). Wine tasting shall be limited to wine only; the tasting of hard spirits is prohibited. In addition, the wine tasting area shall not exceed forty -nine (49) square feet in area in the street (main) level, and one hundred (100) square feet in the lower store room area. Loitering, open container, and other signs shall be posted as required by the ABC. 5. The business for which this Use Permit is granted shall be defined as a retail establishment for the sale of alcoholic beverages for off -site consumption as the primary and principal use of the project site. On -site consumption of wine shall be limited to wine tasting and shall be accessory and subordinate to the principal retail use. The tasting of wine shall not be permitted as a primary use and shall be done only in conjunction with and accessory to the sale of wine for off -site consumption. The gross receipts for the wine tasting shall not exceed 10% of the total gross receipts of the business. The applicant or operator shall maintain adequate records to determine compliance with this condition and shall provide the City with said records when requested. 6. Approval does not permit the premises to operate as an eating and drinking establishment, restaurant, bar, tavern, cocktail lounge or night club as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 7. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 8. A special events permit is required for any event or promotional activity outside the normal operational characteristics of this retail business that would increase the expected occupancy beyond 15 patrons and two employees at any one time or any other activities as specified in the Newport Beach Municipal Code to require such special events permit. 9. Hours of operation shall be from 11:00 AM to 9:00 PM, Monday through Sunday for the retail sales portion of the business including wine tasting. Wine tasting and wine education within the City of Newport Beach Planning Commission Resolution No. Page 5 of 5 lower level may be conducted only between the hours of 6:00 PM and 9:00 PM, seven days a week, and shall not be conducted more than two times per week. 10. 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. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body which the State may designate. The establishment shall comply with the requirements of this condition within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 11. The applicants shall take all appropriate steps to assure that noise from the business operation does not affect near -by residents. Delivery of stock shall be limited to the hours of 8:00 AM to 6:00 PM, Monday through Saturday. 12. That any change in operational characteristics, hours of operation, expansion in area, including expansion of the wine tasting area or operational characteristics, or other modification to the floor plan, shall require amendment to this Use Permit or the processing of a new Use Permit. 13. Should this business be sold or otherwise come under different ownership or a change in operators, any future owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent.