The URL can be used to link to this page

Home My WebLink About02 - 02_Roger's Gardens Gallery MUP_PA2023-0048CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT October 12, 2023 Agenda Item No. 2 SUBJECT: The Gallery at Roger’s Gardens (PA2023-0048) ▪Minor Use Permit SITE LOCATION: 2301 San Joaquin Hills Road APPLICANT: Gavin Herbert Jr., of Roger’s Gardens OWNER: Roger’s Realty, LLC PLANNER: Joselyn Perez, Associate Planner 949-644-3312, jperez@newportbeachca.gov LAND USE AND ZONING •General Plan Land Use Plan Category: General Commercial (CG) •Zoning District: Commercial General (CG) PROJECT SUMMARY The applicant proposes to add a Type 20 (Off-Sale Beer & Wine) and a Type 86 (Instructional Tasting) Alcoholic Beverage Control (ABC) license to an existing retail shop, known as The Gallery at an existing plant nursery known as Roger’s Gardens. The ABC licenses would allow the Applicant to sell beer and wine for off-site consumption and offer tastings of beer and wine. There are no late hours (after 11:00 p.m.) proposed for the retail shop. No construction is proposed as both the retail sales and tastings will take place within existing facilities. In addition to the existing nursery and retail shop, the project site is also developed with a restaurant known as The Farmhouse. The Farmhouse is permitted to operate under Minor Use Permit No. UP2014-049 and carries its own established Type 47 (On-Sale General) ABC license, which regulates alcohol sales and consumption within the perimeter of the restaurant. The restaurant is operated separately, and no changes are proposed to the existing restaurant, nor UP2014-049. 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. _ approving the Minor Use Permit (Attachment No. ZA 1). 1 The Gallery at Roger’s Gardens (PA2023-0048) Zoning Administrator, October 12, 2023 Page 2 Tmplt: 05/27/20 DISCUSSION • As shown in Attachment No. ZA 2 (Vicinity Map), the subject property is bounded by San Joaquin Hills Road, MacArthur Boulevard and San Miguel Drive. The 6.47-acre site is currently developed with Roger’s Gardens plant nursey and includes The Gallery retail shop and The Farmhouse restaurant. Roger’s Gardens has been in business at this location for more than 50 years. • Land uses surrounding the project site are diverse with a mix of residential, commercial, public facilities, and private institutional uses. A residential use abuts the project site along the westerly property line. • The project is proposed within The Gallery retail shop. Hours of operation for The Gallery are from 9:00 a.m. to 6:00 p.m., January through October, with hours extending to 8:00 p.m. during November and December. • The Land Use Element of the General Plan categorizes the project site as General Commercial (CG). The CG category is intended to provide for a wide variety of commercial activities primarily oriented to serve citywide or regional needs. Alcohol sales within an existing retail shop is consistent with the intent of the CG category and would expand the existing offerings at Roger’s Gardens. The instructional tastings are accessory to the retail sale of alcohol. • The project site is zoned Commercial General (CG). Table 2-4, Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the Newport Beach Municipal Code (NBMC) specifies that retail uses with off-sale alcohol are allowed in the CG district subject to the approval of a Minor Use Permit (MUP). • The site is served by two separate parking lots accessed from either San Joaquin Hills Road or San Miguel Drive. The subject property currently provides 201 parking spaces for all on-site uses, where 171 parking spaces are required. While the addition of alcohol sales and the limited instructional tastings are not likely to increase demand for parking, there is a surplus of parking available that should adequately serve customers. • The Gallery retail shop will still primarily offer a selection of both indoor and outdoor furniture, home décor, gourmet food, women’s accessories, and housewares. As described by the Applicant and available as ZA Attachment No. 3 (Applicant’s Project Description), the Gallery will sell wine by the bottle to complement their gourmet food and gift basket offerings. Instructional tastings will be limited to the area of the shop that displays art for sale, as identified in ZA Attachment No. 5 (Project Plans). • While the Applicant intents to conduct 2 tastings per month, between the hours of 1:00 p.m. and 6:00 p.m., Condition of Approval No. 8 places an overall limit on the number 2 The Gallery at Roger’s Gardens (PA2023-0048) Zoning Administrator, October 12, 2023 Page 3 Tmplt: 05/27/20 of tasting to a maximum of 6 per month. Additionally, the Type 86 license is heavily conditioned by ABC. Limits include the amount of alcohol that can be sampled per person per day, the location where the alcohol may be sampled, and the prohibition of charging a fee for an instructional tasting. The limits placed on the Type 86 license by ABC should help prevent any potential negative impacts on surrounding uses. • Condition of Approval No. 9 requires subsequent review by the Planning Division if there are significant changes to the operational characteristics of the use. • The Newport Beach Police Department (NBPD) reviewed the proposed application and issued no objections to the request, subject to the appropriate conditions of approval. The NBPD’s memorandum and crime and alcohol-related statistics are included in Attachment No. ZA 4 (Police Memorandum). The crime statistic information provided is analyzed in detail in the attached Draft Resolution (Attachment No. ZA 1). All conditions of approval recommended by the NBPD have been included in the draft resolution. 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, Chapter 3, because it has no potential to have a significant effect on the environment. 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. 3 The Gallery at Roger’s Gardens (PA2023-0048) Zoning Administrator, October 12, 2023 Page 4 Tmplt: 05/27/20 Prepared by: LAW/jp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant’s Project Description ZA 4 Police Department Memorandum ZA 5 Project Plans 4 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2023-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT TO ALLOW THE ADDITION OF A TYPE 20 (OFF-SALE GENERAL) AND TYPE 86 (INSTRUCTIONAL TASTING) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO AN EXISTING RETAIL SHOP AT 2301 SAN JOAQUIN HILLS ROAD (PA2023-0048) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Gavin Herbert Jr., of Roger’s Gardens, with respect to property located at 2301 San Joaquin Hills Road, and legally described as Parcel 1 of Parcel Map 79-718, requesting approval of a Minor Use Permit. 2. The applicant requests a minor use permit to add a Type 20 (Off-Sale Beer & Wine) and a Type 86 (Instructional Tasting) Alcoholic Beverage Control (ABC) license to an existing retail shop (“The Gallery") at an existing plant nursery known as Roger’s Gardens. The ABC licenses would allow the Applicant to sell beer and wine for off-site consumption and offer tastings of beer and wine. There are no late hours (after 11:00 p.m.) proposed for the retail shop. No construction is proposed as both the retail sales and tastings will take place within existing facilities. In addition to the existing nursery and retail shop, the project site is also developed with a restaurant known as the Farmhouse. The Farmhouse is permitted to operate under Minor Use Permit No. UP2014-049 and carries its own established Type 47 (On-Sale General) ABC license, which regulates alcohol sales and consumption within the perimeter of the restaurant. The restaurant is operated separately, and no changes are proposed to the existing restaurant, nor UP2014-049. 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the Commercial General (CG) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on October 12, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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) under 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. 6 Zoning Administrator Resolution No. ZA2023-### Page 2 of 11 01-17-23 2. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed minor use permit would allow the existing retail shop to sell beer and wine. The occasional product tasting will be offered to customers that may otherwise be patronizing the business and is not considered an intensification of use. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Zoning Administrator shall consider the following findings prior to the approval of a new or amended alcohol sales establishment: Finding A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding In finding that the project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC, the following criteria must be considered: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. a. The subject property is in an area the Newport Beach Police Department (NBPD) designates as Reporting District (RD) 47. RD 47 is bounded to the north by San Joaquin Hills Road, to the east by Marguerite Avenue, to the south by 5th Avenue and to the west by MacArthur Boulevard. Surrounding RD’s include RD 53 to the north, RD 48 to the east, RD 44 to the south, and RD 39 to the west. RD 47 is primarily residential in use however, at the intersection of San Miguel Drive and San Joaquin Hills Road, there are commercial uses including the Harbor View Shopping Center and the subject property. b. The NBPD is required to report offenses of Part One Crimes combined with all arrests for other crimes, both felonies, and misdemeanors (except traffic citations) to the California Department of Alcoholic Beverage Control (ABC). Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 47 is not considered or reported to ABC as a higher crime area, as compared to other RDs within the City. The RD 47 Part One Crime count for 2022 is 89, which is twelve (12) percent under the citywide average of 101 crimes per RD. 7 Zoning Administrator Resolution No. ZA2023-### Page 3 of 11 01-17-23 c. The NBPD has reviewed the project and has no objection to the new Type 20 and 86 ABC licenses, subject to appropriate conditions of approval which have been incorporated into Exhibit “A” of this Resolution. These conditions include provisions such as the requirement that all owners, managers, and employees selling alcoholic beverages shall undergo and complete a certified training program in responsible methods and skills for selling alcoholic beverages, a prohibition of the store from operating as a bar, tavern, cocktail lounge or nightclub, and the requirement that any substantial operational change require a subsequent review. b) The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a. In 2022, RD 47 had a higher percentage of alcohol-related crimes than neighboring RD 53 but had a lower percentage of alcohol related crime than both neighboring RD 39 and RD 44. The higher number of alcohol-related crimes in the subject RD compared to RD 53 is expected given that RD 53 is mostly residential, along with two schools, and lacks a substantial concentration of commercial uses. RD 39, which includes Fashion Island, and RD 44, which includes the commercial corridor of Corona del Mar, had alcohol-related crimes 562 percent higher and 279 percent higher, respectively, than the Citywide average. Therefore, RD 47 does not exhibit a higher number of alcohol related calls for services, crimes, or arrests than two of the three adjacent RDs. c) 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. a. The project site is located within 200 feet of both Civic Center Park and the Baywood Apartment complex, approximately 360 feet from St. Mark Presbyterian Church and pre-school, and 1,000 feet from Lincoln Elementary school. While minors are expected to be present in the area, the retail shop intends to sell wine by the bottle to complement their gourmet food and gift basket offerings. The instructional tastings are limited to individuals at least 21 years of age. Neither activity includes characteristics that are anticipated to attract minors. d) The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. a. In addition to the nursey and retail shop, the project site is developed with a restaurant known as the Farmhouse. The Farmhouse holds a Type 47 (On-Sale General) ABC license. The Farmhouse operates pursuant to Minor Use Permit No. UP2014-049 and has conditions of approval regulating the on-site consumption of alcohol within the restaurant. b. In the adjacent Harbor View Shopping Center, Fresh Brothers holds a Type 41 (On-Sale Beer and Wine – Eating Place). Rite Aid holds a Type 20 (Off-Sale Beer and Wine) ABC License and Gelson’s Supermarket holds several licenses, including a Type 21 (Off- Sale General), Type 41 (On-Sale Beer and Wine – Eating Place), Type 42 (On-Sale 8 Zoning Administrator Resolution No. ZA2023-### Page 4 of 11 01-17-23 Beer and Wine – Public Premises), Type 58 (Caterer Permit), and a Type 86 (Instructional Tasting License). c. Both Fashion Island and the commercial corridor of Corona del Mar have a considerable number of on-sale and off-sale ABC licenses. They are not however within the immediate vicinity of the project site. Fashion Island is the closer commercial area and is approximately 1,500 feet away from the project site. 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 such findings for a use permit are set forth: Facts in Support of Finding: 1. The Land Use Element of the General Plan categorizes the project site as General Commercial (CG). The CG category is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Alcohol sales within an existing retail shop is a use is consistent with the intent of the CG category and would expand the existing offerings at Roger’s Gardens. The instructional tastings are accessory to the retail sale of alcohol. 2. General Plan Land Use Policy LU 5.2.2 (Buffering Residential Areas) requires that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts. While Roger’s Gardens adjoins the Harbor Pointe residential neighborhood to the southwest, the retail shop is separated from the neighborhood by over 100 feet of parking lot and a masonry wall. There is also a landscape buffer on the residential side of the wall that provides additional buffer to the commercial use. 3. The subject property is not located within a Specific Plan area. Finding: B. 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 project site is zoned Commercial General (CG). The CG district is intended to implement the CG General Plan land use category by providing for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide or regional needs. 2. Table 2-4, Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) specifies that retail uses with off-sale alcohol are allowed in the CG District subject to the approval of a MUP. 9 Zoning Administrator Resolution No. ZA2023-### Page 5 of 11 01-17-23 3. The 6.47-acre site is currently developed with Roger’s Gardens. The site contains a plant nursery with a combination of outdoor and indoor display and areas, a retail shop, and a restaurant. Roger’s Gardens has been in business at this location for more than 50 years and provides services to the local and regional community. The subject property currently provides 201 parking spaces for all on-site uses, where 171 parking spaces are required. While the addition of alcohol sales and limited educational tastings is not likely to increase demand for parking, there is a surplus of parking available that will adequately serve customers. Finding: C. 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 vicinity is diverse with a mix of residential, commercial, public facilities, and private institutional uses. The Roger’s Garden site experiences considerable visitor traffic both by vehicles and pedestrians and is busy and vibrant. The retail shop will likely serve patrons already visiting the site and the addition of alcohol sales and tastings is not anticipated to generate noticeable change in traffic or congestion. 2. The nearest retail store, Rite Aid, with an off-sale ABC license is located across San Joaquin Hills Road, approximately 200 feet to the east of the subject property. There is also a Gelson’s supermarket in the same shopping center as the Rite Aid. The alcohol sales proposed for the retail shop are very limited compared to both Rite Aid and Gelson’s as the beer and wine is intended to be paired with gift baskets. The primary function of the retail shop will still be to provide a selection of both indoor and outdoor furniture, home décor, gourmet food, women’s accessories, and housewares. 3. The instructional tastings will be conducted in an area of the retail shop that displays art available for purchase. While the project does introduce minimal on-site consumption of alcohol with the Type 86 license, the Type 86 license is heavily conditioned by ABC. Limits include the amount of alcohol that can be sampled per person per day, the location where the alcohol may be sampled, and the prohibition of charging a fee for an instructional tasting. The project is conditioned to restrict on-site tasting to a maximum of 6 times per month, which will ensure that the proposed tastings remain an ancillary use to the retail shop. The limits placed on the Type 86 license by ABC should help prevent any potential negative impacts on surrounding uses. 10 Zoning Administrator Resolution No. ZA2023-### Page 6 of 11 01-17-23 Finding: D. 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. Fact in Support of Finding: The project site was reviewed for public and emergency vehicle access, public services, and utilities as part of the approval of Minor Use Permit No. UP2014-049. The site was deemed adequate at that time and there have been no subsequent additions or intensification of use at the site. Further, no construction is proposed at the site to accommodate the new ABC License types. The addition of alcohol sales and instructional tasting within an existing retail shop will not negatively affect emergency access or have a noticeable impact on the site. Finding: E. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The addition of alcohol sales and instructional tastings in an existing retail shop should have few-to-no noticeable changes to the overall operation of the Roger’s Gardens site. Customers who purchase beer and wine or participate in the instructional tastings are likely to already be onsite. 2. Fact 1 in Support of Finding C incorporated by reference. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, 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 operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding 11 Zoning Administrator Resolution No. ZA2023-### Page 7 of 11 01-17-23 the subject property and adjacent properties related to the sale of alcohol and related tastings. 2. The Police Department has reviewed the project and has no objection to the operation as described by the applicant. The Police Department believes that with the conditions of approval, the proposed project will not have a negative impact on the community and police services. 3. Compliance with the NBMC standards related to noise, lighting, and signage will help ensure that the proposed use will be compatible with the surrounding area. 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 the Minor Use Permit, 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 12th DAY OF OCTOBER 2023. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 12 Zoning Administrator Resolution No. ZA2023-### Page 8 of 11 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The sale of beer and wine and the location of instructional tastings shall be in substantial conformance with the approved site plan and floor plan stamped 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. A material violation of any of those laws in connection with the use may be caused the revocation of this Use Permit. 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 Newport Beach Municipal Code. 5. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC unless an extension is otherwise granted. 6. This MUP may be modified or revoked by 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. 7. The hours of operation for the retail shop shall not extend beyond 11 p.m. 8. The Applicant is allowed up to six (6) instructional tastings per month. 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and potential amendment of this MUP. 10. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. All noise generated by the proposed use shall comply with the provisions of Chapter 13 Zoning Administrator Resolution No. ZA2023-### Page 9 of 11 01-17-23 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 12. 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 leasing agent. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 15. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 16. The exterior of the business shall be always maintained free of litter and graffiti. 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. 17. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 18. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 19. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 14 Zoning Administrator Resolution No. ZA2023-### Page 10 of 11 01-17-23 20. A Special Events Permit is required for any event or promotional activity outside the normal operating 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. 21. 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 Newport Beach Municipal Code. 22. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of The Gallery at Roger’s Gardens including, but not limited to, PA2023-0048. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Police Department 23. The ABC License shall be limited to a Type 86 (Instructional Tasting) and a Type 20 (Off- Sale Beer and Wine). Any substantial change to the ABC license type shall require subsequent review and potential amendment of the MUP. 24. The Applicant shall abide by all requirements and conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the MUP. 25. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire. The certified program must meet the standards of the State of California. Records of each owner’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. 26. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 15 Zoning Administrator Resolution No. ZA2023-### Page 11 of 11 01-17-23 27. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the licensee. 28. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 16 Attachment No. ZA 2 Vicinity Map 17 VICINITY MAP Minor Use Permit (PA2023-0048) 2301 San Joaquin Hills Road Subject Property 18 Attachment No. ZA 3 Applicant’s Project Description 19 2301 San Joaquin Hills Road, Corona del Mar, CA 92625 • 949.640.5800 • Fax 949.759.0619 • www.rogersgardens.com Hi Joselyn, Below you will find the Project Description for our application for an ABC license. We are currently seeking a beer and wine only ABC license to be sold in our Gallery Shop. I have attached a site map of our entire store with the Gallery Shop highlighted. Also, attached is a floor plan of the Gallery shop and where we plan merchandise the product. Our goal is to sell differentiated wine by the bottle to compliment our Gourmet Food and our Gift Basket category. We plan to have wine merchandised by the bottle or in gift baskets mixed with other gift items like food and wine glasses. The area we plan to merchandise the wine is in the Gallery in the area marked in red on the 2nd attachment. The Gallery Shop hours of operation are the same as they are for the entire store. January – October our store hours are 9:00am to 6:00pm. During the holiday season of November and Decemeber, we extent our hours from 9:00am to 8:00pm. We would like to do 2 tastings per month (but probably less in Jan & Feb) in the afternoon from 1:00pm to 6:00pm. In the 2nd attachment I have also outlined in red the area for our wine tastings, which is in our Art Gallery. Currently there is another ABC license for our restaurant, Farmhouse. Their license restricts the area for alcohol sales and consumtion to inside the perimeter of the restaurant only. I appreciate your consideration, Gavin Herbert Jr. President & CEO Roger’s Gardens 20 Attachment No. ZA 4 Police Department Memorandum 21 22 23 24 25 Attachment No. ZA 5 Project Plans 26 0 ,45 $5 ļő Ľő , 0@ő ]őÔlÑÈő.+ő ő sÌső 8őŃő ńő ,&,',+,,'',$'$, ĵőĶő 15%5 3 %*5(őćő ]őM@ő%}ő Ņő CCCC ¹ºő°ő Łőłő óő 15%(5&#+%5 0őPőĈHő őSő % ő6őő`}ő K¬ő 1ő ľőő ÊËő qő Ĭő Hő ¶ C Àő7 ő Áő Ħő #őĻ±ő ò²ő ¸ő ő ŀő "&,&,&,+,, ",$&$, ((5#5*5!5 +%/5 0@ő8őOő őő $'"$") 5 ), 5 $5 "-)5 &őOő7őőQőő ő6őő lőőő`İőDőwĞ őèő UőőÎ őðő ő-ő (ő ő¯őőñ\őő(őő%Ģ¾ ªE¡őőőőőh* Äőőőő(ő ő őLő%Ėőőőþő őőIőă7H ÿĀőőő&ėċ őùő 0@őődjőOő1ő őa(ýőő1őőőĂ wĤő-őâő 1ő 'ő`4'őő#őő -Ġő ő0@ő%Nő \0&őĮőĔ!ő $'5 ,.,")5 Jq ő ő (%őāő ĪIÝ4Ď7 őő dÃ{¿ ő;y3ő;J3ő M;J3UőE.;3!ő;J3 Nő 5ő Xő.+őő ĸtő.+ő>ő őőő ő.+őő>őő őő #őő=#)őSő ) őő # őő ) őSő (ő*xő 5ő őő(ő8ő ő )őő őĕ'őőő őő őr őő őEHő(é4 őőő *ő őő *ő ő ěő ő'ccő% őcįő ő ő 5ő ő4=#X5ő őő ő4ő#őő őő ) őÂőiő ő ³ő5ő# ő4őiő5ő )őő #) ő4=#XőőőZő őďőő Ző ¼ő 5ő )őő ő ő ő ő őZőő 'ő4 ő»ő=#)őSő &ő 0@ő%ő $'" ,5 ,5 vő $F F$ő ő őaőő$őő k$ő~3ő őőE+ő őő ő.+ő;ő*ġőő *ő'9ĘD3őęőģ×ő ğőM-ő * őã őKø Øő őLő9!ő ő őő8ő >ő )ő.+őőő 5ő Õő.+őPőő6ő7' őőő ) $őő őő>ő ő%őő]&Dvőő1ő1ő bő Éőő6őő bő ķő 7Ē9őőő >ő=m$tő.+ő *ő÷ő Pőő ő =m«ûő.+ő őő ő )#ő.+ő ' ő-őő ©ő ő >ő $#őők$ő3ő ,(#%,)#%!,%, #,(,(, ő ^!ő& &ő_ő ő !ő7x&9őNő ő ^!őI-{dő_ő ő !ő M&ő_ő ő ^!ő&őő ő !ő8őőĴőőyőő88ő % !,,)#,PőQő Čő(ő9őĥ1őőì!ő*&%ő6ő'ő(őLőőő(ő0\-őĝő0őOő *ő-ő(ő9 őNő% ő!őõ!ő&őőIr ő ő ĿőÇ ),5 25 G ő ßő Uő|ő 9ő aĄő *ő 1őőhĜőőő KLő jő-!ő őođ'ő-ĉő ő6ő&ő őo ő~-!őő ő őĊő ő Qő DőF Qő Dő6őĐő 'ő ő * ő őő ő $$ ő üGőKő ő $$F' bő %őőőE+ő| ő úà$' ő %őő1őő!ő */ő "ő£·,eAB,fAőņőŇő""2:/ő2őőőÒőıA/ ,V"őňőÏőö,?<"n/:, "ő ?<"n,ő :ő ő/őĲőŉő ôő ?<ő :ő/ 2:/ő 2ő:R/őíőîÚB, BA,fBő2" /őő:ő őŋőĭő´µő V B,eő2őĳő 2őÙő?<R "ő"ő A Ĺő2ő /R"¨,Ōőê?< ?<őōő 2ő ,"/őïő"őVB ëő Ŏ "őŏőf Aeő ŐőĩR Ŋő Wő Wő ¢p Wő ¥ Åőæő¤ ¦ő Ûő § gő ĺ gőīő ®gőp Ü áząő [čĆĚ[ő ä[ző åÞēçőYYTÐÓTÍu G½Gő uTYÆÖ 3UBJECTº2ETAILº!REA 52 * ( 5 6 * $ 5 ' ( 1 6 6 $ 1 - 2 $ 4 8 , 1 5 2 $ ' &2 5 2 1 $ ' ( / 0 $ 5 & $ sÌ ÊÊ ĬCC ¸¸ŀőŀőŀ 27 28 Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Zoning Administrator From: Joselyn Perez, Associate Planner Date: October 11, 2023 Re: Item No. 2 Roger’s Gardens Gallery Minor Use Permit (PA2023-0048) ________________________________________________________________ The Police Department Memorandum has been updated to explain the need for a Determination of Public Convenience and Necessity in order for the Department of Alcoholic Beverage Control (ABC) to issue a new Type 20 license. The updated Police Department Memorandum clarifies that the approval of a use permit indicates to ABC that the City of Newport Beach finds the business to be a public convenience or necessity. Ultimately, the Police Department will be required to provide ABC with a written determination of that decision. There are no other changes to the Police Department Memorandum. Zoning Administrator - October 12, 2023 Item No. 2a Additional Materials Received Roger's Garden Gallery Minor Use Permit (PA2023-0048) NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: Joslyn Perez, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: October 10, 2023 SUBJECT: Rogers Gardens 2301 San Joaquin Road PA2023-0048 At your request, the Police Department has reviewed the project application for Rogers Gardens at 2301 San Joaquin Road, Newport Beach. The application requests a Minor Use Permit for a Type 20 (Off Sale Beer and Wine) and a Type 86 (Instructional Tasting) License. The location address also carries an established Type 47 (On-Sale General) ABC License at their restaurant, The Farmhouse at Roger’s Gardens. Statistical Data and Public Convenience or Necessity Attached is a summary report which provides detailed statistical information related to alcohol establishments in and around the applicant’s proposed place of business at 2301 San Joaquin Road. Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to the City-wide average, or an over-saturation of alcohol licenses in a census tract compared to the county. Below is a brief summary of how this area relates to the Code. Crime Statistics The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to compile statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 47. The RD is square in shape, bordered by MacArthur on the west, San Joaquin Hills Road on the north, Marguerite Ave. to the east, and Coast Hwy to the south. Per Business and Professions Code §23958.4, the Police Department is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control (ABC). These figures make up the “Crime Count” which is indicated on the attached statistical data form. Zoning Administrator - October 12, 2023 Item No. 2a Additional Materials Received Roger's Garden Gallery Minor Use Permit (PA2023-0048) Rogers Gardens PA2023-0048 2 The RD’s Crime Count is 89, 12% below the City-wide crime count average of 101. When areas have a 20% or greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. This area does not have undue concentration per definition due to the low crime. In comparison, neighboring RD 39 (Fashion Island) is 562% above the City-wide average, RD 44 (CDM) is 279% above, and RD 53 (Pacific View/Residential) is 38% below the City-wide average. The highest volume crime in this area is burglary and theft. The highest volume of arrests in the area are narcotics related offenses. DUI, Public Intoxication, and Liquor Law violations make up 21% of arrests in this reporting district. In comparison, the figure for neighboring RD 39 is 16%, RD 44 is 30% and RD 53 is 16%. Alcohol License Statistics The standard which ABC utilizes to identify an area that is over-saturated with alcohol licenses is outlined in Business and Professions Code §23958.4. A reporting district is classified as having “undue concentration” when there is a higher retail license to resident ratio than that of the county. The applicant premise is located within census tract 0626.42. This census tract has an approximate population of 2,849 residents with 6 active off-sale alcohol licenses. That is a per capita ratio of 1 off-sale license for every 475 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County’s off-sale per capita ratio of 1 license for every 1,730 residents. We find this area is over saturated per the definition. This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P §23958.4). Discussion and Recommendations Per the project application, the business would like to sell beer and wine in gift baskets for consumption off the premises. They would also like the ability to hold tastings for the wines they are selling. The Police Department has no concerns with the application provided the conditions below (or similar conditions) are imposed. Undue Concentration exists in this location in regards to alcohol license saturation. A decision that this business is a public convenience or necessity must be made in order for ABC to issue a new Type 20 alcohol license. This is demonstrated when the business operation provides some kind of benefit to the surrounding community. Approval of a use permit will indicate that the City of Newport Beach finds the business is a public convenience or necessity. The Police Department will be required to provide ABC with a written determination of the decision. Should the project be approved, the Police Department requests the following conditions be evaluated for this use permit. 1.The Alcoholic Beverage Control License shall be limited to a Type 86 (Instructional Tasting) and a Type 20 (Off Sale Beer and Wine). Any substantial change in the ABC Zoning Administrator - October 12, 2023 Item No. 2a Additional Materials Received Roger's Garden Gallery Minor Use Permit (PA2023-0048) Rogers Gardens PA2023-0048 3 license type shall require subsequent review and potential amendment of the Use Permit. 2.The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 3.All owners, managers and employees serving alcoholic beverages during tastings 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 3 years regardless of certificate expiration date. The certified 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 approval. 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. 4.Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 5.No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 6.No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 7.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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949) 644-3705 or wjoe@nbpd.org. Wendy Joe Police Civilian Investigator, Special Investigations Unit Zoning Administrator - October 12, 2023 Item No. 2a Additional Materials Received Roger's Garden Gallery Minor Use Permit (PA2023-0048)