HomeMy WebLinkAboutNewport Coast Pavilion's Wine TastingCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 17, 2008
Agenda Item 5
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, mnova0citv.newport- beach.ca.us
PROJECT SUMMARY
The proposed project is a wine and beer tasting counter within an existing Pavilion's
grocery store located at 21181 Newport Coast Drive. The tasting area of approximately
230 square feet is primarily for wine education and used to sample small quantities of
wine and beer.
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.
RECOMMENDATION
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.
Pavilion's Wine Tasting
April 17, 2008
Page 2
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GENERAL PLAN
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LOCATION GENERAL PLAN
ZONING
CURRENT USE
ON SITE
Neighborhood
Newport Ridge Planned
Retail
Commercial (CN)
Communi NPR PC
NORTH
Neighborhood
Newport Ridge Planned
Retail
Commercial CN
Community NPR PC
Detached Single Family
Newport Ridge Planned
Community &
SOUTH
Residential (RS -D) &
Newport Coaast st Planned ed
Fire station and open space
Open Space (OS)
Community NPC PC
EAST
Public Facilities (PF)
Newport Coast Planned
Communi NPC PC
Elements school
Elementary
WEST
Multiple Unit Residential
Newport Ridge Planned
Detached condominiums
RM
Communi NPR PC
3
Pavilion's Wine Tasting
April 17, 2008
Page 3
INTRODUCTION
Proiect Setting
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 and beer tasting within an existing Pavilion's grocery store.
Pavilion's lease space is 55,232 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 tasting counter (Refer to Exhibit 1,
Project Plans). An area of 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 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 and beer 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
centers oriented toward the needs of residential uses in the immediate area. The retail
Pavilion's Wine Tasting
April 17, 2008
Page 4
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. On -site 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
Tasting is proposed as a minor ancillary use primarily for "wine education." Only small
quantities of wine and specialty beers (2 ounce 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 restricted 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 shall not be allowed to enter and remain in the consumption area and food
service is not required.
The applicant states that alcohol sales are less than 30 percent of store sales and wine
sales are less than 8 percent of store sales. In order to comply with ABC requirements,
a fee shall be charged for the 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. All servers 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.
The proposed hours of operation for the 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 the Police
Department does not foresee any issues arising from the proposed tasting due to the
Pavilion's Wine Tasting
April 17, 2008
Page 5
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.
As stated earlier, Pavilion's current alcohol sales are non - conforming because Pavilion's
does not have a Use Permit with the City of Newport Beach. The current ABC license,
a 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).
Factors to Consider
Section 20.89.030.B (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.
1. 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 multi - 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
and beer 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).
I
Pavilion's Wine Tasting
April 17, 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). The Newport Beach Police Department reported eight calls for service to the
subject property, none of which were alcohol - related.
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 community
center, 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.
Pavilion's Wine Tasting
April 17, 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
focal 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 and ancillary tasting 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 30 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 sere the needs of
and maintain compatibility with residential uses in the immediate area. A grocery
store with ancillary alcohol sales and wine tasting is a permitted use in a
neighborhood - serving shopping center.
• The project has been conditioned to ensure the welfare of the surrounding
community. 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 over
that age of 21. 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.). Serving and consumption areas shall be under security camera
surveillance. Furthermore, alcohol sales will remain an ancillary use to the
primary retail use of the property and all serving and consumption areas will
separated by a permanent barrier from the retail sales area.
i
Pavilion's Wine Tasting
April 17, 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.
L1
Prepared bv-
Pavilion's Wine Tasting
April 17, 2008
Page 9
Submitted by:
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
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Project Plans
Exhibit 1: Project Plans (Sent Under Separate Cover)
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Police Department Report
Exhibit 2: Police Department Report
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City of Newport Beach
Police Department
Memorandum
February 20, 2008
TO: Makana Nova, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT. Alcohol Related Statistics
At your request, our office has reviewed police services data for the Von's Companies, Inc at
21181 Newport coast Dr. This area encompasses our reporting district (RD) number 61 as
well as part of Census Tract 626.17. This report reflects City of Newport Beach crime data
for calendar year 2007, which is the most current data available.
Calls for Service Information
City wide there were approximately 61,060 calls for police services during this time, of which
752 were in RD 61. A "call for service" is, any contact of the police department by a citizen
which results in the dispatching of a unit or causes the contacted employee to take some sort
of action, such as criminal investigatibns, alarm responses, traffic accidents, parking
problems, and animal control calls, etc.
Crime Information
There were 6,637 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,925 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny- theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
3,712 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,620.05 per 100,000 people. The national Part One crime rate was 4,063.4* per
100,000 people.
Crimes
RD 61
Newport Beach
California*
National*
Part
53
2,925
1,390,709
11,556,854
Part
35
3,712
N/A
N/A
Part 1Crime Rate
1,791.15
3,620.05
3,848.95
3,898.94
The number of active ABC Iicenses in this RD is 4 **
Per capita ratio I license for every 740 residents.
This reporting district had a total of 91 reported crimes as compared to a City wide reporting
district average of 175 reported crimes. This reporting district is 84 crimes less or 47.90%
below the City wide reporting district average. This location is not within an area where the
number of crimes is at least 75% higher than the average of all reporting districts in the City
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as outlined in the City Council "K -7 policy. This location is not within an RD that is over
the Orange County per capita average of ABC licenses * *.
Arrest Information
There were 3 DUI arrests and 0 Plain Drunk arrest in this area during this same period as
compared to 1,471 for the entire city. This RD amounts to .20% of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests
RD 61
Newport Beach
California*
National*
(DUI/Drunk)
3
1,471
N/A
N/A
Total Arrests
10
3,345
1,457,151
9,579,611
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 64 and RD 66
Crimes
RD 64
RD 66
Part 1
36
27
Part 2
27
15
Crime Rate
2,805.92
3,713.89
Arrests (DUI/Drunk)
5
3
Total Arrests
13
14
Calls For Service
799
735
Number of active ABC licenses
1**
3**
Per capita ratiol license for every
1,283* residents
722* residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 80,800.
*These numbers are from the 2006 Uniform Crime Reports, which is the most recent edition
**The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document. As of May 1, 2003 the Orange County average of
active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
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Police Department Reporting Districts Map
Exhibit 3: Police Department Reporting Districts Map
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Draft Resolution
Exhibit 4: Draft Resolution
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH APPROVING USE
PERMIT NO. 2007 -029 TO ALLOW WINE TASTING FOR
THE PROPERTY LOCATED AT 21181 NEWPORT COAST
DRIVE (PA 2007 -243)
WHEREAS, an application was filed by Von's Companies, Inc., with respect to
property located at 21181 Newport Coast Drive, and legally described as Parcel 1, as
shown on Miscellaneous Map 318 -27, requesting approval of a use permit to allow the
on -sale of alcoholic beverages in the form of on -site wine tasting and the off -sale of
alcoholic beverages previously approved by the County of Orange.
WHEREAS, a public hearing was held on March 20, 2008, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the 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; and
WHEREAS, 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 centers oriented to primarily serve the needs of and maintain
compatibility with residential uses in the immediate area. The retail sale of food and
beverages, including alcoholic beverages, is consistent with this land use category; and
WHEREAS, the site is located in the Newport Ridge Planned Community with a
land use designation of Commercial Village. Retail commercial uses are permitted,
including food and beverage sales. Wine tasting shall be ancillary to the primary retail
use of the property; and
WHEREAS, the Newport Beach Police Department has advised that Reporting
District 61 has a lower concentration of Alcoholic Beverage Control licenses and a crime
rate that is comparable to or lower than those of the surrounding Reporting Districts;
and
WHEREAS, a use permit for the proposed alcoholic beverage outlet has been
prepared in accordance with Section 20.91.035_of the Newport Beach Municipal Code
based on the following findings and facts in support of such findings:
1. Finding: 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.
Facts in Support of Finding:
a. The project is located in the Commercial Village land use area of the
Newport Ridge Planned Community District, which is intended to
�A
Planning Commission Resolution No. _
Paae 2 of 6
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 and
ancillary wine tasting is a retail use and therefore consistent with the
purposes of the Newport Ridge Planned Community District.
b. 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. Finding: 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.
Facts in Support of Finding:
a. 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 ancillary alcohol sales and wine tasting is a permitted use
in a neighborhood - serving shopping center.
b. The project has been conditioned to ensure the welfare of the surrounding
community. 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.).
Serving and consumption areas shall be under security camera surveillance.
Furthermore, alcohol sales will remain an ancillary use to the primary retail
use of the property and all serving and consumption areas will separated by a
permanent barrier from the retail sales area.
3. Finding: That the proposed use will comply with the provisions of this code,
including any specific condition required for the proposed use in the district in
which it would be located.
0
Planning Commission Resolution No. _
Page 3 of 6
Facts in Support of Finding:
a. 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.
b. 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.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to 15301
(Existing Facilities) of the Implementing Guidelines of the California Environmental Quality
Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2007 -029, subject to the Conditions set forth in Exhibit "A ".
Section 2. 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 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.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF APRIL.
10
Robert Hawkins, Chairman
Bradley Hillgren, Secretary
EXCUSED:
31
Planning Commission Resolution No. _
Paqe 4 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2007 -029
PROJECT SPECIFIC CONDITIONS
The project shall be constructed and operated in substantial conformance with the
approved plot plan and floor plans, stamped and dated March 3, 2008.
A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this approved that would attract large crowds,
include any form of on -site media broadcast, or increase the expected occupancy
beyond 15 patrons and 2 employees at any one time or for other activities requiring
such Special Events Permit as set forth in the City of Newport Beach Municipal
Code.
3. The alcoholic beverage outlet operator shall 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. If the operator fails to discourage or correct nuisances,
the Planning Commission may review, modify or revoke this Use Permit in
accordance with Chapter 20.96 of the Zoning Code.
4. Hours of operation of the wine tasting area shall be from 9:00 a.m. to 9:00 p.m. on
Monday through Sunday.
5. The consumption area shall be limited to wine tasting and limited beer tasting. The
applicant shall be permitted to serve specialty beers for tasting on occasion per the
Type 42 ABC license, which permits wine and beer service; however, alcohol
consumption shall be primarily for wine tasting. The tasting of distilled spirits shall
be prohibited.
Each tasting shall be limited to 2 ounce pours per tasting.
7. Beer and wine tasting shall remain an ancillary use to the primary retail function of
the property. The quarterly gross sales of alcoholic beverages shall not exceed 30
percent the gross sales of food and retail sales during the same period. The
licensee shall maintain records that reflect separately the gross sale of food and the
gross sales of alcoholic beverages of the licensed business. Said records shall be
kept no less frequently than on a quarterly basis and shall be made available to the
Department on demand.
8. No live entertainment or dancing shall be permitted.
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Planning Commission Resolution No.
Pape 5 of 6
9. All employees and suppliers serving alcohol shall be LEAD Program trained
through the Department of Alcohol Beverage Control, at least 21 years of age, and
serve under the supervision of the wine steward, store manager, or department
manager. In addition, the wine steward, store manager, and department manager
shall also be LEAD - trained.
10. Alcohol sales and consumption shall only be permitted within the area depicted on
the approved floor plan. The alcohol sales and consumption area shall be
separated by a permanent barrier from the retail sales area of the store.
11. The consumption area shall 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.
12. Serving and consumption areas shall be under security camera surveillance.
STANDARD CONDITIONS
13. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
14. 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 Use Permit.
15. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
16. The applicant shall pay any unpaid administrative costs associated with the
processing of this application to the Planning Department.
17. Any changes in operational characteristics, hours of operation, expansion in
area, or modification to the floor plan, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
18. 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.
19. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine 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.
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Planning Commission Resolution No. _
Page 6 of 6
20. Use Permit No. 2007 -029 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.
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Letter and Project Description
from Applicant
Exhibit 5: Letter and Project Description from Applicant
ON
.APPLICANT: The Von's Companies Inc. dba "Pavilions"
PROPOSED USE: Approval of an on -sale wine tasting bar and area (Type 42)
alcoholic beverage license and finding of public convenience or
necessity for the existing premium wine retail shop located in the
Pavilion's Supermarket.
ADDRESS: 21181 Newport Coast, Newport Beach (Newport Coast Center)
Newport Beach, CA 92657
PROJECT NARRATIVE
The proposed project consists of an.existing premium wine shop engaged in the off -sale
of fine wines and related products requesting the addition of a wine tasting area. The
existing Pavilions has an approved Type 21 Off -Sale General alcoholic beverage license
with the California Department of Alcoholic Beverage Control since April 2002 and is
currently applying for a Type 42 On -Sale Beer & Wine Public Premise alcoholic
beverage license for the wine tasting bar and area.
This request is to address two (2) issues related to the premise:
1. Type 42 On -Sale Beer & Wine Public Premise alcoholic beverage license
to allow the on premise consumption of wine in a limited and defined area
to permit the operators the ability to conduct wine tasting.
2. A finding of public convenience or necessity for the license request as
required by the California Department of Alcoholic. Beverage Control.
Retail Area: Tvne 21 Off -Sale General eer, Wine & Distilled Spirits (EXISTING)
The applicant currently holds a Type 21 Off -Sale General Alcoholic beverage license
permitting the off -sale of beer, wine and distilled spirits. The Applicant has had the
current license since April 10, 2002.
On -Sale Cono"ion/Wine Tasting Type 42 On -Sale Beer & Wine Public Premise
The applicant requests the approval of approximately 500 square feet retail shop area
dedicated to the on -sale consumption of wine for tasting purposes. Wine tasting is an
ancillary and accessory use to the proposed wine shop. The request is made to permit
patrons the ability to taste wines prior to purchase. Wine tasting is a normal accessory
use for wine shops in general. Wine tasting will be supervised and occur during normal
business hours.
Separation of the Type 21 and 42 Areas
The applicant is proposing the construction of a decorative iron fence or wall separating
the retail and tasting areas. There will be an opening for ingress/egress. The area will
have unobstructed views allowing proper supervision of both the on -sale and off -sale
areas of the alcoholic beverage sales areas. The fencefwall will create a permanent
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barrier readily identifying the separate areas and therefore create a controlled and
supervised areas of the store.
Sunerviaion and Control
The applicant will have a dedicated employee supervising and controlling the wine
tasting area. All service of wine and beer will be made by an employee. Patrons will not
be permitted to remove alcoholic beverages from the designated tasting area nor will
patrons be permitted to be under the age of 21 in the tasting area as required by the
California Business & Professions Code ( "ABC Act' Sections 25000 et seq.) and policies
of the California Department of Alcoholic Beverage Control.
TENANT: The Von's Companies Ina, LLC dba "Pavilions„
PROPOSED USE: Approval of an on -sale wine tasting bar and area (Type 42)
alcoholic beverage license and finding ofpublic convenience or
necessity for the proposed wine tasting bar and area in the existing
retail shop.
ADDRESS: 21181 Newport Coast, (Newport Coast Center)
.Newport Beach, CA 92657
PROJECT NARRATIVE: ADDENDUM
On -Sale Consumption/Wine Tasting: Type 42 On -Sale Beer & Wine Public Premise:
The applicant requests the approval of approximately 250 square feet retail shop area
dedicated to the on -sale consumption of wine for tasting purposes.
"Back bar" area approximately 150 square feet (employees only).
Public tasting area approximately 100 square feet.
Hours of operation of the wine tasting area 9:00 am to 9:00 pm. The applicant reserves
the right to during the proposed hours but is not required to continuously serve during the
proposed hours.
Hours of operation for the supermarket are 6:00 am to Midnight, seven (7) days a week.
Service will be made by employee only.
Separation of the Type 20 and 42 Areas:
Thick velvet rope attached to decorative metal poles will be used to separate the public
wine tasting area and "back bar" area. The poles are approximately 40 inches tall.
The wine tasting area will be supervised by an employee and is under security camera
surveillance.
Other:
Signage: No new signage is proposed to the exterior of the store other than existing.
Adjacent uses: The entire Newport Coast Center is bounded by multi - family residential,
public streets, fire station, park and community center (across San Joachin Hills Road),
and an elementary school (across Newport Coast Drive).
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