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HomeMy WebLinkAboutNewport Coast Pavilion's Wine TastingCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 20, 2008 SUBJECT: Newport Coast Pavilion's Wine Tasting (PA2007 -243) 21181 Newport Coast Drive • Use Permit No. 2007 -029 APPLICANT: Von's Companies, Inc. PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova(d-)citv.newport- beach.ca.us PROJECT SUMMARY The proposed project is a wine tasting counter within an existing Pavilion's grocery store located at 21181 Newport Coast Drive. The wine tasting area of approximately 230 square feet is primarily for wine education and used to sample small quantities of wine. The proposed use permit includes the existing off -sale of alcoholic beverages, which was approved by the County of Orange prior to the Newport Coast/Newport Ridge Annexation. Staff recommends that the Planning Commission approve Use Permit No. 2007 -029 subject to the findings and conditions of approval included within the attached draft resolution. VICINITY MAP Pavilion's Wine Tasting March 20, 2008 Page 2 Subject Property IX ,`,jLT'� lh r LOCATION GENERAL PLAN ZONING CURRENT USE Neighborhood Newport Ridge Planned ON-SITE Neighborhood CN Community NPR PC) Retail Neighborhood Newport Ridge Planned NORTH Commercial CN Community NPR PC) Retail Detached Single Family Newport Ridge Planned SOUTH Residential (RS -D) & Community (NPR PC) & Fire station, community center, Open Space (OS) Newport Coast Planned & open space Community NPC I Newport Coast Plan EAST Public Facilities (PF) Communi NPC Elementary school Multiple Unit Residential Newport Ridge Plan . Detached condominiums 3 Pavilion's Wine Tasting March 20, 2008 Page 3 Proiect Settin The project site is the existing Pavilion's grocery store located in the Newport Ridge Retail Center at Newport Coast Drive and San Joaquin Hills Road. The area in the vicinity of the site is developed with a variety of land uses, including retail, a fire station, elementary school, open space, and community park as well as residential development. Project Description The applicant proposes wine tasting within an existing Pavilion's grocery store. Pavilion's lease space is approximately 103,660 square feet. The area principally devoted to alcohol (beer, wine, and distilled spirits) sales contains approximately 500 square feet and includes wine racks, refrigeration, and the proposed wine tasting counter (Refer to Exhibit 1, Project Plans). An area of approximately 230 square feet is to be dedicated to on -site wine tasting: 125 square feet of this total area will be behind the counter and limited to employees to serve customers in the wine consumption area; the area for on- sale consumption of wine is a 105 - square -foot space adjacent to the employee counter area. The consumption area will be separated from the retail sales area with velvet ropes attached to 40- inch -high metal poles placed around the perimeter of the consumption area. Background Pavilion's currently has a Type 21 (Off -Sale General) Alcoholic Beverage Control (ABC) license and is non - conforming because it does not have a use permit with the City of Newport Beach. Newport Ridge was annexed into the City after land entitlements and approvals had been approved through the County. A Type 42 (On -sale Beer & Wine for Public Premises) ABC license is requested to permit on -site wine tasting. In accordance with the City's Alcohol Beverage Outlets Ordinance (Chapter 20.89 of the Zoning Code), a new use permit is required if the alcoholic beverage outlet changes "its type of retail liquor license with the Department of Alcoholic Beverage Control." DISCUSSION Analysis General Plan The General Plan land use category for this site is Neighborhood Commercial (CN) which provides for a limited range of retail and service uses developed in one or more distinct 6 Pavilion's Wine Tasting March 20, 2008 Page 4 centers oriented toward the needs of residential uses in the immediate area. The retail sale of food and beverages, including alcoholic beverages, is consistent with this land use category. Zoning Code The site is located in the Newport Ridge Planned Community (NPR_PC) District with a land use designation of Commercial Village. NPR _PC does not specifically identify wine tasting as a permitted use; however, the Planned Community Text does allow for retail commercial uses which include food and beverage sales. Wine tasting would be ancillary to the primary retail use of the property. Staff has determined that the proposed use is consistent with the uses identified in the Planned Community Text. Alcoholic Beverage Sales Pavilion's current ABC license, Type 21 (Off -Sale General), is limited to alcoholic beverage sales for off - premise consumption only. The ABC license was authorized by the County and issued prior to the annexation of Newport Ridge to the City. The proposed Use Permit will bring the off -sale operation into conformance with the Alcohol Beverage Outlets Ordinance (Chapter 20.89 of the Zoning Code). Wine tasting is proposed as a minor ancillary use primarily for "wine education." Only small quantities of wine (2 ounces pours per tasting) will be served. The new Type 42 (On -sale Beer & Wine for Public Premises) ABC license sought by the applicant authorizes the sale of beer and wine for consumption on or off the premises. The consumption area shall be limited to wine tasting and limited beer tasting. Alcohol consumption will be primarily for wine tasting; however, the applicant would be permitted to serve specialty beers for tasting on occasion per the Type 42 ABC license, which permits wine and beer service. No distilled spirits are permitted within the consumption area. Minors are not allowed to enter and remain in the consumption area and food service is not required. The applicant states that alcohol sales are less than 8 percent of store sales. In order to comply with ABC requirements, a fee must be charged for the wine tasting that ranges from $2.00 to $25.00 based on a percentage of the price of the wine bottle. All alcohol service will be under the supervision of a 'wine steward," who is a wine expert and trained employee. All employees serving alcohol will be required to receive ABC - required Licensee Education on Alcohol and Drugs (LEAD) training and must be at least 21 years of age. In addition to the wine steward, the store manager, department manager, and suppliers will also be LEAD - trained and licensed to serve alcohol at the wine counter. At least two trained employees will be present when alcohol is served. All suppliers must be under the supervision of the store manager, department manager, or wine steward. Serving and consumption areas will also be under security camera surveillance. 0 Pavilion's Wine Tasting March 20, 2008 Page 5 The proposed hours of operation for the wine tasting area are Monday through Sunday, 9:00 a.m. through 9:00 p.m., which are within the hours of operation of the Pavilion's grocery store (Monday through Sunday: 6:00 a.m. —12:00 a.m.). Detective Doug Jones, City of Newport Beach Police Department, stated that the shopping center and the establishment have not been a problem and does not foresee any issues arising from the proposed wine tasting due to the operation of the business. The Police Department is not opposed to the proposed operating hours. An ABC license query shows no history of disciplinary actions. Factors to Consider Section 20.89.030.8 (Alcoholic Beverage Outlets) requires the Planning Commission to consider certain factors when making the required findings to approve the Use Permit. A discussion of these factors in support of the Use Permit is provided below. Whether the use serves public convenience or necessity. The purpose of the Commercial Village designation of the NPR PC is to encourage "a variety of local commercial uses, facilities supporting the surrounding community, and the opportunity for mufti- family residential uses to combine to make this a unique mixed -use development area." The retail sale of alcoholic beverages provides a public convenience by allowing the sale of alcoholic beverages in conjunction with the sale of food and other beverages. The ancillary on -site consumption of alcoholic beverages in the form of wine tasting also provides a public convenience by permitting the opportunity for residents to sample wines prior to purchase. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people) RD No. 61 53 35 1,791.15 RD No. 64 36 27 2,805.92 RD No. 66 27 15 3,713.89 Newport Beach 2,925 3,712 3,620.05 The Part One Crimes Rate in Reporting District 61 (RD 61) is lower than the City and adjacent districts (For a map of the City of Newport Beach Reporting Districts, see Exhibit 4). Pavilion's Wine Tasting March 20, 2008 Page 6 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county-wide average. Reporting District Active ABC License Per Capita RD No. 61 4 1 per 740 residents RD No. 64 1 1 per 1,283 residents RD No. 66 3 1 per 722 residents County-wide 4,805 1 per 592 residents RD 61 has a lower ratio of ABC licenses to population when compared with the average ratio for Orange County due to the higher concentration of residential land uses; however, RD 61 has a higher ratio of ABC licenses to population than RD 64. RD 64 has no commercial areas, so the single ABC license is likely issued to either an institutional use or a home -based business. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. Reporting District DUI /Drunk Arrests Total Arrests Calls for Service RD No. 61 3 10 752 RD No. 64 5 13 799 RD No. 66 3 14 735 Newport Beach 1,471 3,345 61,060 The bulk of the sales in Pavilion's is intended for off - premise consumption and, therefore, is not likely to contribute to alcohol - related problems within the area. The on- site consumption is limited to wine and beer tasting, so the proposed wine /beer tasting counter will not operate as a bar. RD 61 has a similar number of DUI /Drunk Arrests, Total Arrests, and Calls for service recorded in 2007 compared to the adjacent Reporting Districts (For a map of the City of Newport Beach Reporting Districts, see Exhibit 4). 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. Although the proposed use is located adjacent to an elementary school and two community centers, the properties are sufficiently separated by Newport Coast Drive, a 6 -lane Major Road, by San Joaquin Hills Road, a 4 -lane Primary Road, and by Ridge Park Road, a 2 -lane road. In accordance with the Alcoholic Beverage Ordinance, the Police Department has reviewed the Use Permit application and has concluded that no additional conditions related to design and security are necessary. FOA Pavilion's Wine Tasting March 20, 2008 Page 7 Use Permit Findings The following information is presented in support of the required Use Permit findings: 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located The project is located in the Commercial Village land use area of the Newport Ridge Planned Community District, which is intended to encourage a variety of local commercial uses, facilities supporting the surrounding community, and the opportunity for multi- family residential uses which combine to make this a unique mixed -use development area. Local commercial uses within the Commercial Village may include retail sales, local services, and limited professional and administrative office uses. The existing grocery store with the proposed alcohol sales is a retail use and therefore consistent with the purposes of the Newport Ridge Planned Community District. • The Newport Ridge Planned Community Text allows for retail commercial uses, including the existing grocery store. Alcohol sales are less than 8 percent of grocery store sales and are therefore ancillary to the primary retail use of the property. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. • The General Plan land use category for this site is Neighborhood Commercial (CN). The CN category is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to serve the needs of and maintain compatibility with residential uses in the immediate area. A grocery store with the ancillary alcohol sales are permitted uses in neighborhood - serving shopping center. • The on -site consumption of alcohol will be limited to small quantities of beer and wine and will be under the supervision of LEAD- trained employees. • The hours of operation for the wine tasting area will be Monday through Sunday, 9:00 a.m. through 9:00 p.m., which are within the hours of operation of the Pavilion's grocery store (Monday through Sunday: 6:00 a.m. —12:00 a.m.). `0 Pavilion's Wine Tasting March 20, 2008 Page 8 3. That the proposed use will comply with the provisions of this code, including any specific conditions required for the proposed use in the district in which it would be located. The project has been conditioned to comply with the development and operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage Outlets) of the Municipal Code as they relate to the operation of the proposed project. Alcoholic beverages will only be served in a specific area and separated by a permanent barrier from the retail sales area of the store. Employees serving alcoholic beverages will receive LEAD training. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. Environmental Review This project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed interior improvements to accommodate the new wine tasting bar are within the tenant space formerly occupied by the retail business and were previously approved and constructed with a separate building permit. A use permit to operate wine tasting is not defined as a project pursuant to CEQA. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Conclusion Based on the location of the existing Center and its operational character, proposed use, and proposed conditions of approval, staff believes that the findings of approval for the Use Permit can be made for this request in that it is not likely that the use will prove detrimental to the community. to Prepared by: Makana Wova, Assistant Planner Pavilion's Wine Tasting March 20, 2008 Page 9 Submitted by: =1. .A 11R,grolKamu �. EXHIBITS (in the order they are referenced within the report) 1. Project Plans (under separate cover) 2. Police Department Report 3. Police Department Reporting Districts Map 4. Draft Resolution 5. Letter and project description from applicant llenb .tchdatalUsemUXNMharecAPA'sIPAs - 200APA2007- MkUP2007 -029 staff report 2 d