HomeMy WebLinkAboutRolfs Wine-UP2007-006 (PA2007-049) - 110 tustin aveCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
May 17, 2007
TO: PLANNING COMMISSION
FROM: Pianning Department
Russell Bunim, Assistant Planner
rbun imecity. newport- beach.ca. us
(949) 644 -3233
SUBJECT: Rolfs Wine
Use Permit No. 2007 -006 (PA2007 -049)
110 Tustin Avenue, Newport Beach, CA 92663
APPLICANT: Rick Webster
ISSUE
Should the Planning Commission approve Use Permit No. 2007 -006 to allow an off -sale
alcoholic beverage outlet in the form of a specialty retail wine shop?
Staff recommends that the Planning Commission approve Use Permit No. 2007 -006
subject to the findings and conditions of approval included within the attached draft
resolution.
DISCUSSION
The proposed specialty retail wine shop is a new alcoholic beverage outlet which requires
a Use Permit under Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets).
Site /Project Overview
The applicant is proposing to relocate an existing specialty retail wine shop store from
950 West Coast Highway to 110 Tustin Avenue which is approximately 0.7 miles from its
current location.
The proposed store location is within an existing commercial building at the northeast
corner of West Coast Highway and Tustin Avenue in the Mariner's Mile Specific Plan.
The proposed wine shop's pedestrian entrance faces north toward a parking lot on the
east side of Tustin Avenue.
%7
Z
S !:t
AV,
Zt
f ..: .4� ..... .. :.. ._...
:.:''::::J�:i.i:; �.:; .;. :::.�.. �� :.
Rolf's Wine
May 17, 2007
Page 4 of 8
The proposed lease space consists of 1,400 square feet, which will include wine racks,
shelving for distilled spirits, refrigeration, cash register and check out counter.
The applicant is proposing to sell wine, beer, and distilled spirits with a Type 21 (Off-
sale General) ABC license. The applicant states that wine sales are the dominant part
of the business, constituting at least 95 percent of sales. No wine - tasting or food sales
are proposed.
The proposed hours of operation are as follows:
• Sunday: 11:00 a.m. — 6:00 p.m.
• Monday: 10:00 a.m. —6:00 p.m.
• Tuesday— Saturday: 9:30 a.m. — 7:30 p.m.
Analysis
Zoning
The site is located in Speck Plan #5 (Mariner's Mile) District with a land use designation
of Retail Service Commercial [SP -5 (RSC)j. SP -5 (RSC) District does not identify
specialty retail wine shops as a permitted use: however, the Planning Director has made
the interpretation under Section 20.00.065 (Rules for Interpretation) that specialty retail
wine shops are consistent with the intent of the SP -5 (RSC) District. This was based on
the language contained in Chapter 20.42.020 (the purpose of the SP -5 District) of the
Zoning Code and policies of the Land Use Element of the General Plan.
Section 20.42.020 of the Zoning Code indicates the area surrounding the intersections of
West Coast Highway and Riverside and Tustin Avenues as "Mariner's Village ", which is
the core of Mariner's Mile. The City's long term goal for this area is to provide pedestrian
oriented retail by actively soliciting local- serving tenants such as a market, cafes, drug
store and specialty retail. The Planning Director determined that a specialty wine shop is
consistent with this stated purpose and therefore a permitted use.
The General Plan land use category for this site is Mixed Use Horizontal (MU -H1), which
provides for a horizontal intermixing of commercial and residential uses. The Land Use
Element calls for parcels on the inland side of Coast Highway, generally between
Riverside Avenue and the southerly projection of Irvine Avenue, to evolve as a
pedestrian - oriented mixed -use `village" containing retail businesses, offices, services, and
housing. To this end, Policy LU 6.19.4 of the General Plan (inland side of Coast
Highway) states, "...priority should be placed on accommodating uses that serve upland
residential neighborhoods such as grocery stores, specialty retail, small service office,
restaurants, coffee shops, and similar uses ". The Planning Director determined that
specialty retail wine shop is in accordance with the intent of these policies.
Rolfs Wine
May 17, 2007
Page 5 of 8
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 Use Permit is provided below:
1. Whether the use serves public convenience or necessity.
The purpose of the SP -5 District is to encourage visitor - serving facilities, local service
retail and pedestrian orientation in the area. Having a specialty retail wine shop is a
convenience to the nearby residents and shoppers within the retail area.
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. 26
120
76
4,526.59
RD No. 25
111
103
4,010.12
RD No. 41
95
42
5,132.36
Newport Beach
3,075
3,601
3,803.22
The location is within Reporting District 26 (RD 26), wherein the number of crimes and
rate are similar to the adjacent Reporting Districts. The Part One Crimes Rate in these
reporting districts is higher than the City due to the high concentration of commercial
uses along West Coast Highway.
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. 26
11
1 per 241 residents
RD No. 25
24
1 per 115 residents
RD No. 41
8
1 per 231 residents
County-wide
4,805
1 per 592 residents
RD 26, which encompasses the existing and proposed location, has a much higher ratio
of ABC licenses to population when compared with the average ratio for Orange County
due to the higher concentration of commercial land uses.
4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts.
Rolf's Wine
May 17, 2007
Page 6 of 8
Reporting District
DUI/Drunk Arrests
Total Arrests
Calls for service
RD No. 26
42
137
2,366
RD No. 25
41
97
2,519
RD No. 41
49
80
1,451
Newport Beach
1,285
3,456
65,876
RD 26 has a similar number of DUI/Drunk Arrests, Total Arrests, and Calls for service
recorded in 2006 compared to the adjacent Reporting Districts. The existing business
is staying in the same Reporting District, and the Police Department has approved the
new location.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, parts and recreation facilities, places of religious assembly, and schools.
The Police Department provided a memorandum (Exhibit 3) addressing these factors.
Detective Stark in the Police Department stated that the establishment has not been a
problem at the existing site, and he does not foresee any issues arising in the proposed
location due to the operation of the business. (For a map of the City of Newport Beach
Reporting Districts, see Exhibit 4)
Use Permit Findings
The following information is presented in support of the required Use Permit findings:
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 Retail Service Commercial District of the Mariner's
Mile Specific Plan (SP -5) which is intended to provide an active pedestrian
oriented retail district.
Specialty retail wine shops are a permitted use pursuant to the determination of
the Planning Director.
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.
Roifs Wine
May 17, 2007
Page 7 of 8
The General Plan land use category for this site is Mixed Use Horizontal (MU -H1).
The MU -H1 category is intended to accommodate retail uses that will serve the
upland residential neighborhoods north of West Coast Highway.
The principal uses of the specialty retail wine shop will not be a detriment to the
site or the community as determined by the Police Department's review of the
application. The Police Department Memorandum including the crime rates,
number of alcohol licenses in the area and alcohol related crimes can be found in
Exhibit 3.
The proposed hours of operation of the specialty retail wine stop will not
significantly change characteristics of the existing commercial area.
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.
The project has been reviewed and conditioned to ensure that potential conflicts to
the surrounding land uses are minimized to the greatest extent possible.
Therefore, the project meets the purpose and intent of Chapter 20.89 of the
Municipal Code by preserving a healthy environment for residents and businesses.
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 shop are minor in nature
and are within the tenant space formerly occupied by a retail business. A Use Permit to
operate a specialty wine shop 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.
Prepared by:
Lfl��
Ru sell BurfirufrAssistant Planner
Exhibits
Rolfs Wine
May 17, 2007
Page 8 of 8
Submitted by:
David Lepo, PlapfIng Director
1. Draft Resolution No.
2. Letter and project description from applicant
3. Police Department report
4. Police Department Reporting Districts Map
5. Project Plans
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -006 TO
ALLOW AN OFF -SALE ALCOHOLIC BEVERAGE OUTLET IN THE
FORM OF A SPECIALTY RETAIL WINE SHOP FOR THE PROPERTY
LOCATED AT 110 TUSTIN AVENUE (PA2007 -049)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY
FINDS, RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Rick Webster with respect to property
located at 110 Tustin Avenue and legally described as Lot 16 of Tract No. 1133
requesting approval to operate a specialty retail wine shop with a Type 21 (Wine, Beer,
and Distilled Spirits) Alcohol Beverage Control (ABC) License; and
WHEREAS, a public hearing was held on May 17, 2007, in the City Hall Council
Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the aforesaid meeting was given. 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 Mixed Use
Horizontal (MU -H1) which provides for a horizontal intermixing of commercial and
residential uses. This designation is intended to provide retail uses that will serve the
upland residential neighborhoods north of West Coast Highway to foster pedestrian
activity; and
WHEREAS, the site is located in the Specific Plan #5 (Mariner's Mile) District
with a land use designation of Retail Service Commercial [SP -5 (RSC)] which is
intended to provide for uses which are predominantly retail in character. The wine shop
is a permitted use in this district by determination of the Planning Director; and
WHEREAS, consistent with required findings for approval of a Use Permit as set
forth in Section 20.91.035 of the Newport Beach Municipal Code, the following findings
and facts in support of such findings are made:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purpose of the district in which the site is located.
Facts in Support of Finding:
a. The project is located in the Retail Service Commercial (RSC) district of
the Mariner's Mile Specific Plan (SP -5) which is intended to provide an
active pedestrian oriented retail district.
b. Specialty retail wine shops are a permitted use by the determination of the
Planning Director.
City of Newport Beach
Planning Commission Resolution No. _
Paue 2 of 5
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 Mixed Use Horizontal
(MU -1-11). The MU -H1 category is intended to accommodate retail uses that
will serve the upland residential neighborhoods north of West Coast
Highway.
The principal uses of the specialty retail wine store will not be a detriment to
the site or the community as determined by the Police Department's review
of the application.
c. The proposed hours of operation of the specialty retail wine stop will not
significantly change characteristics of the existing commercial 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.
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.
b. The project has been reviewed and conditioned to ensure that conflicts with
surrounding land uses are minimized to the greatest extent possible.
Therefore the project meets the purpose and intent of Chapter 20.89 of the
Municipal Code by preserving a healthy environment for residents and
businesses.
WHEREAS, the project has been reviewed, and it has been determined that it is
categorically exempt pursuant to Section 15301 (Existing Facilities) of the Guidelines for
Implementation of the California Environmental Quality Act.
a
City of Newport Beach
Planning Commission Resolution No.
Paae 3 of 5
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2007 -006, 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 action is called for review by the City Council in accordance with the provisions of
Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MAY 2007.
M
BY:
Jeffrey Cole, Chairman
Robert Hawkins, Secretary
0
NOES:
City of Newport Beach
Planning Commission Resolution No. _
Pace zf of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2007-006
PROJECT SPECIFIC CONDITIONS
The development shall be built and operated in substantial conformance with the
approved plot plan and floor plans, stamped and dated May 17, 2007.
2. Use Permit No. 2007 -006 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
3. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this retail business that would increase the
expected occupancy beyond 15 patrons and 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.
4. Hours of operation shall be from 11:00 a.m. to 6:00 p.m. on Sunday, 10:00 a.m. to
6:00 p.m. on Monday, and 9:30 a.m. to 7:30 p.m. Tuesday through Saturday.
5. 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.
STANDARD CONDITIONS
6. No live entertainment or dancing shall be permitted.
7. Should the business subject to the Use Permit conditioned herein be sold or
otherwise come under different ownership or a change in operators, any future
owners, operators, or tenants shall be notified of the conditions of this approval
by either the current business owner, property owner or the leasing agent.
8. 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.
9. The applicant shall comply with all federal, State, and local laws. Material
violation of any of those laws in connection with the use will be cause for
revocation of this permit.
l�-
City of Newport Beach
Planning Commission Resolution No. _
Paste 5 of 5
10. No alcoholic beverages shall be consumed on the subject property or on any
property adjacent to the licensed premises under the control of the licensee.
11. The Planning Commission may add to or modify conditions of approval to this
Use Permit or recommend to the City Council the revocation of this Use Permit
upon a determination that the operation which is the subject of this Use Permit
causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
13
roltA
x
SINCE 1953
PROJECT DESCRIPTION AND JUSTIFICATION:
Rolfs Wines is a fine wine shop that has been in business since 1953
and has been in Newport Beach on Coast Highway since 1975. Our
sales are at least 95% wine. We do not carry any food and do not do
wine tasting. We operate with two full time employees and two part
time employees. Our walk -in customer count is less than ten a day
early in the week and usually not more than 20 a day on the
weekends. The majority of our sales are usually case or multiple
case purchases and we deliver.
Our hours are:
Sunday 11:00 — 6:00
Monday 10:00 -- 6:00
Tuesday thru Saturday 9:30 — 7:30
950 WEST COAST HIGHWAY
NEWPORT BEACH, CA 92663
949 • 631 • 1212 800 • 472 • WINE
FAX 949 • 631 • 1214
City of Newport Beach
Police Department
Memorandum
April 16, 2007
TO: Russell Bunim, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Rolf's Wine at 110 Tustin
Ave. This area encompasses our reporting district (RD) number 26 as well as part of Census
Tract 634. This report reflects City of Newport Beach crime data for calendar year 2006,
which is the most current data available.
Calls for Service Information
City wide there was 65,876 calls for police services during this time, of which 2,366 were in
RD 26. 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 investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 6,676 crimes reported to the Newport Beach Police Department during this
period. Of this total, 3,075 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
3,601 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,803.22 per 100,000 people. The national Part One crime rate was 4,063.4* per
100,000 people.
Crimes
RD 26
Newport Beach
California*
National*
Part 1
120
3,075
1,390,709
11,556,854
Part 2
76
3,601
N/A
N/A
Part iCrime Rate
4,526.59
3,803.22
3,848.95
3,898.94
The number of active ABC licenses in this RD is 11 **
Per capita ratio 1 license for every 241 residents.
This reporting district had a total of 238 reported crimes as compared to a City wide
reporting district average of 174 reported crimes. This reporting district is 64 crimes or
36.72% above 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 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 * *.
�5
Arrest Information
There were 26 DUI arrests and 16 Plain Drunk arrest in this area during this same period as
compared to 1,285 for the entire city. This RD amounts to 3.27% 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 26 Newport Beach
(DUI/Drunk) 42 1,285
Total Arrests 137 3,456
California* National*
N/A N/A
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 25 and RD 41
Crimes
RD 25
RD 41
Part 1
111
95
Part 2
103
42
Crime Rate
4,010.12
5,132.36
Arrests (DU1IDrunk)
41
49
Total Arrests
97
80
Calls For Service
2,519
1,451
Number of active ABC licenses
24 **
8 **
Per capita ratiol license for every
115 **
231* 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 2005 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 I 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
O �
Z $3
N _
S i t
Q
U
z
Z "' 0
W w U
QOQ
W U�
Z Q0
ELU
Q 3
CJ
U A4
wW
O 2 > CL
0 3J:
L) 2:
a
r
t' . .,
a
O qgg
z $s 9
# 01111 Oi
4
0
C!
!pPp *99h98aap tat 0 , :Y7£c°rc€
e .8.$ @g��E ®31t3£s..9 s�$$a #ss$aa��83a�a3aaee�d����
����pjpjpgpg $ppRRqq @�zsge �j� $b9p$qdad}kg=gg g�gqgqg°�$311 yv$ya�¢py
iil2'�Ba$ 3$OdBB ki�iYY54 �!a 3354+5
3W911r.gh ghjga3l8 Allid lei@ 3d5s,
y gg S`
43iea$33e64aa3h .13a A9lLzhoM9B sl$LL -2h4
1�
w O
c
Q aU�m3
owro N s
gg
IIIIIIII
o oz a 9
gg
O �
Z $3
N _
S i t
Q
U
z
Z "' 0
W w U
QOQ
W U�
Z Q0
ELU
Q 3
CJ
U A4
wW
O 2 > CL
0 3J:
L) 2:
a
r
t' . .,
a
O qgg
z $s 9
# 01111 Oi
4
0
C!
!pPp *99h98aap tat 0 , :Y7£c°rc€
e .8.$ @g��E ®31t3£s..9 s�$$a #ss$aa��83a�a3aaee�d����
����pjpjpgpg $ppRRqq @�zsge �j� $b9p$qdad}kg=gg g�gqgqg°�$311 yv$ya�¢py
iil2'�Ba$ 3$OdBB ki�iYY54 �!a 3354+5
3W911r.gh ghjga3l8 Allid lei@ 3d5s,
y gg S`
43iea$33e64aa3h .13a A9lLzhoM9B sl$LL -2h4
1�
! / OgE
ro= .
nzz
|§§
` 2
I / \ ]_ !! .
!!
`< \ \ \.9-
. �
)
! ` Ed
| , .
� \ %���---- - - - - -:
§
_3AV Nusm )
!
1�
|§� ) R))
.,§ .•!�,° |�! • . , • � , ! § `! , , !!
()� � �} � h � \ ■&, |�..d)
� cm .
WA=)
E
a
da,J
|
�
01
�}
|\
2
|§� ) R))
.,§ .•!�,° |�! • . , • � , ! § `! , , !!
()� � �} � h � \ ■&, |�..d)
� cm .
WA=)
E
a
C6 H
HA6
M A
A SHELM ® 77 DEEP
L�
CASHREGW RAND
BACK Ni
RACI6 AND
4SHMV Q® DW
=oMp
RUVI TO eA RAN
FCA C* AAruN
NOT SHCAM HME
I DETAILED FLOOR PLAN i Wes' VC • W