HomeMy WebLinkAboutWine Gallery (PA2001-184)SEW �a CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
i 3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
Hearing Date:
Agenda Item:
Staff Person:
Appeal Period:
REPORT TO THE PLANNING COMMISSION
PROJECT: Wine Gallery (PA2001 -184)
2411 E. Coast Highway, Suite 250
April 4, 2002
3
Bill Cunningham
644 -3200
14 days after final
action
SUMMARY: Request for a Use Permit to allow an expansion of an existing wine shop and
to allow on -site wine tasting under the Alcohol Beverage Outlets Ordinance.
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ACTION: Approve Use Permit No. 2001 -033 (PA2001 -184) by adopting resolution
entitled, "A Resolution of the Planning Commission of the City of
Newport Beach Approving Use Permit No. 2001 -033 (PA2001 -184) for
Property Located at 2411 E. Coast Highway, Suite 250"
APPLICANT: Jeff Schroeder and Chris Olsen
2411 E. Coast Highway, Suite 250
Corona del Mar, CA 92625
PROPERTY
OWNER: Ernest and Donna Schroeder
2411 E. Coast Highway, Suite 300
Corona del Mar, CA 92625
LOCATION: 2411 E. Coast Highway, Suite 250, Corona del Mar
LEGAL
DESCRIPTION: Lot 2 of Block "B" of Tract 470 /APN 459- 083 -12
GENERAL PLAN: Retail & Service Commercial
ZONING
DISTRICT: (RSC) Retail & Service Commercial
Use Permit No. 2001 -033 (PAnomm)
2411 E. Coast Highway, Suite 250
Current
Development:
Commercial space (existing wine shop) within a commercial building
To the northeast:
Retail shops and restaurants across East Coast Highway
To the southeast:
Retail shops and restaurants
To the southwest:
Single family residential across an alley
To the northwest:
Restaurant Rothschild's
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Use Permit No. 2001 -033 (PAnomm)
2411 E. Coast Highway, Suite 250
Current
Development:
Commercial space (existing wine shop) within a commercial building
To the northeast:
Retail shops and restaurants across East Coast Highway
To the southeast:
Retail shops and restaurants
To the southwest:
Single family residential across an alley
To the northwest:
Restaurant Rothschild's
Wine Gallery (PA2001 -184)
April 4, 2002
Page 2 of 8
Introduction & Background
The applicants, Jeff Schroeder and Chris Olsen, are seeking approval of a Use Permit to allow
the expansion of an existing wine shop and to allow on -site wine tasting. The expanded area will
include approximately 136 square feet into an adjacent suite on the street level. The wine shop
(Wine Gallery) is located on the street level of an existing commercial building in Corona del
Mar on the south side of East Coast Highway, and consists of approximately 374 square feet of
retail space, 110 square feet of office, and approximately 364 square feet of storage space (the
storage area is located on a lower level). The wine tasting will require a new ABC license for on-
site consumption; therefore, in accordance with the City's Alcohol Beverage Outlets Ordinance
(Chapter 20.89 of the Zoning Code), a Use Permit must be processed.
Site Overview
The project site is located on the street level of a commercial building located at 2411 E. Coast
Highway within Corona del Mar. The main access to the business is from the Coast Highway
side of the building, and secondary access is provided from the rear parking area. A downstairs
storage room, currently used for storage of stock in conjunction with the wine business, is
accessed from an outdoor stairwell adjacent to the front door of the shop.
Project Overview
The applicants are proposing to expand into the adjacent suite, which will add approximately 136
square feet to the retail area of their existing wine shop. The expansion area is currently part of
the retail space of the next door business. In addition, they propose to add two areas for wine
tasting: a small area, approximately 49 square feet, will be designated within the retail space of
the shop to allow customers to taste wine prior to purchase. Another area consisting of
approximately 100 square feet is proposed to be designated within the downstairs storage room
for formal wine tastings and wine education. The downstairs wine tasting will occur once or
twice a week for a period of approximately two hours during mid week evenings, and will be for
small groups of ten to fifteen persons. As it currently operates, the business specializes in
premium wines. Clientele is very limited and the business is a destination oriented operation.
The proposed expansion is small and with the on -site wine tasting, the overall nature of the
business is not expected to change substantially. In order to comply with California Department
of Alcoholic Beverage Control (ABC) requirements, a fee will be charged for the wine tasting,
and samples are limited to one ounce or less.
Analysis
The wine shop currently possesses a Type 21 alcoholic beverage license permitting the sale of
beer and wine for off -site consumption, although the business limits its sale to wine only. A
Type 42, On -sale General license is requested in order to permit the on -site wine tasting. The
business has been in operation since 1999, and was approved by the Planning Commission under
Use Permit No. 3553. The expansion of the license to include the on -site wine tasting is deemed
Wine Gallery (PA2001 -184)
April 4, 2002
Page 3 of 8
an expansion of the alcoholic sal6s. In accordance with Section 20.89.030A.1.a. of the Alcoholic
Beverage Outlets (ABO) Ordinance, 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. " Therefore, this staf analysis is required in conjunction with the findings and
requirements of the ABO.
General Plan
The City's General Plan designates the site as Retail and Service Commercial. The applicant's
request is consistent with this de ignation in that retail sale of alcoholic beverages and food items
are permitted uses within the Retail and Service Commercial designation.
Hours of Operation
The hours of operation for th
11:OOam to 8:00pm, Monday tb
space is anticipated to occur on
offered for sale. The use of the
proposed to be once or twice a
be limited to ten to fifteen persc
evenings, will be mid -week, a
applicants have not determined
it would be once or twice a wee
either a Tuesday or Thursday.
portion of the business be extei
after the upstairs shop and other
the wine tasting sessions in the c
Parking
Parking for the proposed facilir
located to the rear of the building
Wine Gallery, and on- street par
shop's floor area is proposed (1
the on -site wine tasting, the ove
the proposed expansion area ha
conforming and there is no inci
proposed for the downstairs win
impact on parking demand. Ho
hours after the other businesses
within the existing parking lot a
demand. Staff noted that Rothsc
was concern regarding potential
parking. However, Rothschil(
wine shop are proposed to remain as currently exist: from
ough Sunday. The wine tasting within the upstairs main retail
imited occasions when a customer requests a sample of a wine
Nine tasting area located within the lower level storage room is
,eek in conjunction with wine education and sampling that will
is. The downstairs wine tasting is proposed to occur during the
d are anticipated to last for approximately two hours. The
hich days the downstairs wine tasting will occur, but stated that
:, most likely on Wednesdays and an additional tasting held on
Applicants are requesting that the hours of operation for that
ied to 9:00 pm in order to allow the program to be conducted
)usinesses within the building have closed. It is anticipated that
rwnstairs area will last for one to two hours.
will be provided by a combination of the on -site parking lot,
and consisting of eight spaces of which two are reserved for the
cing on Coast Highway. While a small expansion in the wine
S6 square feet), and a new alcohol license is requested to allow
all peak daytime parking demand is not likely to increase since
been used for retail commercial uses. Parking is legal non -
ease in floor area for the building. The ten to fifteen persons
tasting, even though only once or twice a week, could have an
never, those wine tastings are proposed to occur in the evening
in the building are closed. Therefore, the eight parking spaces
well as on- street parking should adequately handle the parking
hild's restaurant is located next door to the wine shop and there
impacts the evening wine tastings might have on the restaurant
's has a parking lot that is staffed by parking attendants.
Wine Gallery (PA2001 -184)
April 4, 2002
Page 4 of 8
Therefore, the wine shop pah
not use the restaurant parking
Signage
The business is existing and
located adjacent to the front a
business name imprinted on
adding the copy: "Wine Ta:
logo.
Alcoholic Beverage
On June 8, 1998, the City Cow
(Chapter 20.89 of the Municipa
environment for residents and br
operation of alcoholic beverage
ABO requires a Use Permit for r.
beverage licenses. In addition.
following:
1. Whether the use s
2. The crime rate
compared to othe.
3. The number of ali
reporting districts
4. The numbers of
reporting district
5. The proximity of
centers, park and
In accordance with the forego
necessary data and analysis to
follows:
including the proposed evening wine tasting participants, will
cage consists of a small sign (approximately 3 feet by 3 feet)
ace. In addition, an awning over the front entry exists with the
front and side. Applicant requests to modify the signage by
' to the front of the awning underneath the business name and
Ordinance
cil adopted the Alcoholic Beverage Outlets (ABO) Ordinance
Code). The purpose of the ordinance is to preserve a healthy
:inesses by establishing a set of consistent standards for the safe
.etail outlets, while preventing alcohol- related problems. The
;w alcoholic beverage outlets and revisions to existing alcoholic
the ABO requires the Planning Commission to consider the
rves public convenience or necessity.
i the reporting district and adjacent reporting districts as
areas in the City.
?hol licenses per capita in the reporting district and in adjacent
as compared to the county -wide average.
alcohol - related calls for service, crimes or arrests in the
,nd in adjacent reporting districts.
he alcoholic beverage outlet to residential districts, day care
•ecreation facilities, places of religious assembly, and schools.
and in order to provide the Planning Commission with the
e the required findings, each of the foregoing is discussed as
1. Public Convenience or 1�ecessi . Current City Council policy is applicable to bars,
cocktail lounges cabarets and ni itclubs. The Wine Gallery is a wine shop that sells only wine
for off -site consumption. As noted above, on -site consumption is proposed as part of this
application in the form of wine t isting. However, the use is minor in nature, limited to only few
occasions during the week, and is limited to small samplings of wines. The downstairs wine
tasting operation is designed to promote wine appreciation and education, and is offered as a
promotion to the sale of wines. Wine tasting and wine education are often conducted in
conjunction with shops specialiAng in the selling of premium wines. As such, it can be argued
Wine Gallery (PA2001 -184)
April 4, 2002
Page 5 of 8
that such service is normal to tie operating characteristics of wine shops and serve the public
convenience.
2. Crime Rate. Citywide, there were 6,742 crimes reported citywide during calendar year
2000, of which 2,349 were Part i ne Crimes (serious offenses). The remaining 4,393 were Part
Two Crimes that include alcohdl related arrests. The project site, located on the south side of
East Coast Highway in Corona del Mar, is located within Police Reporting District No. 44.
During 2000, the number of Part One Crimes in RD No.44 were 145 and the number of Part Two
Crimes were 240. Adjacent Reporting Districts are Nos. 39 and 41. RD No. 39 had 338 Part
One and 284 Part Two Crimes; and RD No. 41 had 74 Part One and 85 Part Two Crimes. While
the number of total crimes reporting is lower within the RD of the subject project site as
compared to RD No. 39 (which includes Fashion Island), the number is higher than RD No. 41.
Nevertheless, the Police Depaent noted that the actual amount of crimes in the area is not
considered significant due to thb high concentration of commercial uses within RD No. 44 as
well as the surrounding areas. i
3. Over Concentration. Due to the request for the on -site consumption (i.e., for the wine
tasting), there is a net increase of one license within RD No. 44. There are a total of 29 active
ABC licenses within RD No. 44. That results in a ratio of one license for every 193 persons in
the area; the ratio County -wide is one license per 893 persons. It should be noted that the ABC
licenses within RD No. 44 are, for the most part, for on -site consumption. The proposed
operation will remain essentially a wine shop with nearly all of the sales for off -site
consumption. Nevertheless, conditions have been included within the draft resolution limiting the
times and duration of wine tasting (Condition No. 9), as well as the maximum number of people
to be accommodated at any wide tasting session in the downstairs area (Condition No. 8). In
addition, conditions have been ,included limiting the tasting to wine only (Condition No. 5),
prohibiting the operation of the business in any manner that can be constituted a restaurant, bar,
cocktail lounge or other similar use (Condition No. 6), and prohibiting live entertainment
(Condition No. 7).
4. Alcohol Related Crimes. There were 30 driving under the influence arrests and 36 plain
drunk arrests within RD No. 44 i a 2000. The number of alcohol related arrests within RD No. 44
is 3.98% of all arrests made th- oughout the City. During the same reporting period, alcohol
related arrests were 48.07.% of total arrests made citywide (there were 1,657 alcohol related
arrests made citywide). Therefore, the alcohol related arrests within the area of the proposed use
are below the citywide rate. As noted in the section on Crime Rate above, the greatest bulk of
the sales in the Wine Gallery are intended for off - premise consumption and, therefore, are not
likely to contribute to alcohol are
problems within the area. The on -site consumption is
associated with wine tasting, an d will not operate as a bar. This fact also supports the finding
that no increase in alcohol - related crime is anticipated.
5. Adjacent Uses. The sitei is located within the commercial area along Coast Highway in
Corona del Mar. Residences exit to the southwest across an existing alley. No day care centers,
schools, or park and recreation facilities in the vicinity of the project site. Nevertheless, the
Wine Gallery (PA2001 -184)
April 4, 2002
Page 6 of 8
police department report has incli
that noise related to deliveries
Therefore, Condition No. I 1 has
all necessary steps to assure
residents and to limit deliver
entertainment, and Condition No
between the hours of 6:00 pm anf,
The wine shop has been in op
expand the retail area slightly a
intended for off -site consumptic
result in alcohol related probler
small areas and will entail cc
Condition No. 5 has been inclu�
wine only, and, as discussed at
maximum persons and area, am
to assure that it remains a small
Police Department has revievi
conditions related to design and
Environmental Review
ided a request that the business take preventative steps to assure
employees, etc. not affect the surrounding residential uses.
>een included in the draft resolution requiring the applicant take
it noise from the business operation does not affect near -by
;s to daytime hours. Condition No. 7 prohibits any live
9 limits the downstairs operation to no more than twice a week
.9:00 pm.
Ltion for three years. Even though the applicants propose to
add wine tasting, the overall sales of alcoholic beverages are
and it is not anticipated that the additional license is likely to
The on -site wine tasting is minor in nature, restricted to two
umption of very small amounts of alcohol. Nevertheless,
I in the draft resolution requiring that the tasting be limited to
e, other conditions were added to restrict the hours, duration,
perating characteristics on the downstairs wine tasting in order
cessory use only. In accordance with the ABO Ordinance, the
i the Use Permit application and feels that no additional
runty are necessary.
This project has been reviewed, and it has been determined that it is categorically exempt from the
requirements of the California Environmental Quality Act under Class 1 (Minor alteration of
existing structures). While the proposal involves a small increase in the retail space and addition of
a new Alcoholic Beverage license to include the addition of on -site wine tasting, the changes are
not significant over what existed previously and involve alterations contained entirely within the
interior of the existing building.
Conclusion
I
Staff believes that the £mding�l for approval of the Use Permit can be made. The site is
conducive to the retail sales olf alcoholic beverages and other related retail items, and the
business has been in operation fbr three years without reports of incidents or Code Enforcement
actions. The proposed expansia�n in floor area is minor and will entail space currently used by
another retail user within the budding; therefore, the increase in floor area is not likely to result
in an increase in parking demand. The addition of the upstairs wine tasting is minor and
confined to a small area within I he retail space. The downstairs wine tasting operation could be
considered an expansion of the use in that it will result in 10 to 15 persons using space currently
used for storage of stock. However, the downstairs operation is proposed to occur only during
evening hours when the other b%sinesses within the building are closed, and the existing eight
parking spaces within the parking lot will be available for customer parking. In addition, staff
believes that the required findings of the ABO can be met.
Wine Gallery (PA2001 -184)
April 4, 2002
Page 7 of 8
The Commission has the o
wish to do this, Resolution
Exhibit No. 2.
to approve the request as proposed. Should the Commission
2002 - has been prepared for adoption and is included as
The Commission could approve a modified project. The Commission would adopt the resolution
with revised conditions identifies} at the meeting.
Submitted by:
SHARON WOOD
AssistatAC.ity Manager
Exhibits
I . Letter and project
2. Resolution No. 2002-
3. Police Department
4. Site Plans
Prepared by:
WILLIAM CUNNINGHAM
Contract Planner
lit
Zf
from applicant
findings and conditions of approval
Wine Gallery (PA2001 -184)
April 4, 2002
Page 8 of 8
EXHIBIT 1
APPLICANTS' LETTER AND PROJECT DESCRIPTION
TENANT: Wine Gallery
PROPOSED USE: Expansion of licensed premise and request for on -sale wine tasting.
ADDRESS: 2411 E. Coast Highway
Newport Beach, CA 92625
PROJECT NARRATIVE
The proposed project consists of an existing premium wine shop engaged in the off -sale
of fine wines and related products. The business currently is licensed by the California
Department of Alcoholic Beverage Control with a Type 20 Off -Sale Beer & Wine
alcoholic beverage license. The City of Newport Beach Planning Commission on April
22, 1999 approved Conditional Use Permit No. 3653 to permit the off -sale of beer and
wine but prohibited the on premise consumption of alcoholic beverages.
This request is to address two (2) issues related to the premise:
1. Expand the previously permitted area of the business to add additional
sales are to the first floor and new area to the lower (parking) level.
2. Allow the on premise consumption of wine in limited areas to permit the
operators the ability to conduct wine tastings.
Expanded Area
The applicant requests the addition of 135.63 square feet to the first floor (main level)
and 364 square feet to the parking level (lower level) to the permitted premise. The
expanded areas are to be used in conjunction with existing retail business.
On -Sale Consumption
The applicant requests to permit the on -sale consumption of wine in the following areas:
5' by 7'area on the first floor and a 15' by 24' area on the lower level. The wine tastings
are an ancillary and accessory use to the existing 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.
Impact to Area
The expansion of the premise area and the addition of on- premise consumption in
restricted areas will not adversely impact the surrounding community. This request is not.
contrary to the zoning or general plan for the property nor will approval create any
negative impacts to the community's health, safety and welfare.
EXHIBIT 2
RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2001 -033 (PA2001 -184) FOR PROPERTY LOCATED AT 2411
EAST COAST HIGHWAY, SUITE 250
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Jeff Schroeder and Chris Olsen, with respect to
property located at 2411 East Coast Highway and legally described as Lot 2 of Block `B" of Tract 470,
requesting approval of Use Permit No. 2001 -033 to expand an existing wine shop and to conduct
accessory, on -site wine tasting.
Section 2. A public hearing was held on April 4, 2002 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral,
was presented to and considered by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
1. The proposed location of the alcoholic retail sales establishment needing this use permit, and
the proposed conditions under which it would be operated or maintained, is consistent with the
General Plan and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in
or adjacent to the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city. The use permit pertains to
expansion of an existing wine shop with ancillary on -site wine tasting establishment to be
opened in a building that is designated and zoned for this activity. The use has been
conditioned in such a manner to minimize the impacts associated with sale of alcoholic
beverages. The plans, as conditioned, meet the design and development standards for alcoholic
sales. The introduction of the wine tasting/education within the downstairs area could be
construed as an expansion of the use resulting in more parking demand; however, the use has
been conditioned to permit that specific portion of the business to be operated only during
evening hours when other businesses within the building are closed in order to make parking
within the parking lot available to potential users.
2. The operational characteristics of the proposed use, including the hours of operation, are consistent
with Municipal Code requirements. Any change in the operational characteristics, including a
change in the hours of operation, would require an amendment to the Use Permit, reviewed by the
Planning Commission.
3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal
Code (Alcoholic Beverage Outlets Ordinance) for the following reasons:
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 5
a. The convenience of the public can be served by proposed wine tasting and wine education
in that it is a logical accessory use to the sale of premium wines intended for off -site
consumption, does not substantially change the nature of the business, and promotes
responsible alcohol consumption and education.
b. The crime rate in the police reporting district and adjacent reporting districts is not likely to
increase as a result of the proposed use due to the restriction in the amounts of wine tasted
being limited to no more than one ounce samples, and the bulk of the alcohol - related sales
will be for off -site consumption.
C. The number of alcohol licenses within the reporting districts and adjacent reporting
districts is not significantly high given the nature of the land uses in the district and when
compared with County -wide data.
d. The percentage of alcohol- related arrests in the police reporting district in which the project
is proposed is lower than the percentage citywide. Retail sales and minor on -site
consumption (wine tasting) is not expected to increase alcoholic related crime.
e. There are no day care centers, schools, places of religious assembly, or park and recreation
facilities in the vicinity of the project site. Residences exist to the south of the site across
an existing alley. Even though access to the parking lot is from that alley, there is not
expected to be an adverse impact on the residential uses in that the wine tasting is minor in
nature, will be limited to small samples, and has otherwise been conditioned to assure that
the wine tasting be limited as a small accessory use to the main retail nature of the business
as sale of wine for off -site consumption.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Minor alteration of existing structures).
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
Use Permit No. 2001 -033, subject to the Conditions set forth in Exhibit "A."
Section 5. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review
by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport
Beach Municipal Code.
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 5
PASSED, APPROVED AND ADOPTED THIS 4th DAY OF APRIL, 2002.
Evd- m
NOES:
m
Larry Tucker, Chairman
BY:
Earl McDaniel, Secretary
City of Newport Beach
Planning Commission Resolution No.
Paee 4 of 5
EXERBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2001 -033
The development shall be in substantial conformance with the approved plot plan, floor plan, and
elevations dated April 20, 2001.
2. Use Permit No. 2001 -033 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City - adopted version of
the Uniform Building Code. The construction plans must meet all applicable State Disabilities
Access requirements. Adequate access and exiting must be approved by the Building Department,
and approval from the Orange County Health Department is required prior to permit issuance.
4. The wine tasting areas shall have adequate b rs as required by the California State Department
of Alcoholic Beverage Control (ABC). `�ast ng shall be limited to wine only; the tasting of
hard spirits is prohibited. In addition, the winefasting area shall not exceed forty -nine (49) square
feet in area in the street (main) level, and one hundred (100) square feet in the lower store room
area. Loitering, open container, and other signs shall be posted as required by the ABC.
5. The business for which this Use Permit is granted shall be defined as a retail establishment for the
sale of alcoholic beverages for off -site consumption as the primary and principal use of the project
site. On -site consumption of wine shall be limited to wine tasting and shall be accessory and
subordinate to the principal retail use. The tasting of wine shall not be permitted as a primary use
and shall be done only in conjunction with and accessory to the sale of wine for off -site
consumption. The gross receipts for the wine tasting shall not exceed 10 % of the total gross
receipts of the business. The applicant or operator shall maintain adequate records to determine
compliance with this condition and shall provide the City with said records when requested.
6. Approval does not permit the premises to operate as an eating and drinking establishment,
restaurant, bar, tavem, cocktail lounge or night club as defined by the Municipal Code, unless the
Planning Commission first approves a Use Permit.
7. No live entertainment or dancing shall be permitted in conjunction with the permitted use.
8. A special events permit is required for any event or promotional activity outside the normal
operational characteristics of this retail business that would increase the expected occupancy
beyond 15 patrons and two employees at any one time or any other activities as specified in the
Newport Beach Municipal Code to require such special events permit.
9. Hours of operation shall be from 11:00 AM to 8:00 PM, Monday through Sunday for the retail
sales portion of the business. Wine tasting and wine education within the lower level may be
City of Newport Beach
Planning Commission Resolution No.
Paee 5 of 5
conducted only between the hours of 6:00 PM and 9:00 PM, Monday through Thursday, and shall
not be conducted more than two times per week.
10. All owners, managers and employees selling alcoholic beverages shall undergo and successfully
complete a certified training program in responsible methods and skills for selling alcoholic
beverages. The certified program must meet the standards of the California Coordinating Council
on Responsible Beverage Service or other certifying/licensing body which the State may
designate. The establishment shall comply with the requirements of this condition within 180
days of the issuance of the certificate of occupancy. Records of each owner's, manager's and
employee's successful completion of the required certified training program shall be maintained
on the premises and shall be presented upon request by a representative of the City of Newport
Beach.
11. The applicants shall take all appropriate steps to assure that noise from the business operation does
not affect near -by residents. Delivery of stock shall be limited to the hours of 8:00 AM to 6:00
PM, Monday through Saturday.
12. That any change in operational characteristics, hours of operation, expansion in area, including
expansion of the wine tasting area or operational characteristics, or other modification to the
floor plan, shall require amendment to this Use Permit or the processing of a new Use Permit.
13. Should this business be sold or otherwise come under different ownership or a change in
operators, any future owners, operators, or tenants shall be notified of the conditions of this
approval by either the current business owner, property owner or the leasing agent.
EXHIBIT 3
POLICE DEPARTMENT REPORT
March 25, 2002
TO: Todd M. Weber, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for Wine Gallery at
4211 East Coast Hwy #250. This area encompasses our reporting district (RD)
number 44 as well as part of Census Tract 627.01. This report reflects City of
Newport Beach data for calendar year 2000, which is the most current data
available.
Calls for Service Information
The calls for police services during this time are unavailable. 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 6,742 crimes reported to the Newport Beach Police Department
during this period. Of this total, 2,349 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 4,393 were Part Two crimes. The
Part One crime rate for the entire city during this same period was 3,105.29 per
100,000 people. The national Part One crime rate was 4,124.0 per 100,000 people.
Crimes RD 44 Newport Beach California*
National*
Part 1 145 2,349 1,266,714 11,605,751
Part 2 240 4,393 N/A N/A
Part 1Crime Rate NA 3,105.29 3,739.7 4,124.0
Number of active ABC licenses in this RD 29 **
Arrest Information
There were 30 DUI arrests and 36 Plain Drunk arrests in this area during this
same period as compared to 1,657 for the entire city. This RD amounts to 3.98 %
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 44 Newport Beach California*
National*
(DUI/Drunk)
66 1,657
All Arrests N/A 3,447
N/A N/A
1,408,904 9,123,428
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 39 and RD 41. As you know, RD 39
encompasses all of Fashion Island, which is primarily commercial in nature.
Crimes RD 39 RD 41
Part 1 338 74
Part 2 284 85
Crime Rate N/A N/A
Arrests (DUI/Drunk) 73 31
Number of active ABC licenses ** 40 11
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 75,645.
*These numbers are from the 2000 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.
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
NEWPORT BEACH
POLICE DEPARTMENT
December 17, 2001
TO: Todd Weber, Planner
FROM: CSO Kim Reilly
SUBJECT: Wine Gallery
At your request our office has reviewed the project review request for The Wine Gallery
located at 2411 East Coast Highway, Suite 250, Corona del Mar. Per Chris Olsen, he and
his partner Jeff Schroeder offer fine wines, including smaller vintage offerings and wine -
related items. Their target market is local residents. The applicant is requesting to
upgrade the Use Permit to include the addition of both an "Off -Sale General" alcohol
beverage license and an "On -Sale" Type 42 Wine and Beer License. The "On -Sale"
Wine and Beer license is necessary to accommodate wine tasting. The applicant is
proposing two locations for wine tasting. The proposed area within the store is
approximately 49 sq. ft. The second proposed area is approximately 500 sq. ft. and is
located on the on the lower level, Suite 100, of the building. This suite is currently used
to store stock. Per Chris Olsen, only half of that area would be used for wine tasting for a
maximum of 2 -3 events per week. These events would be for 10-15 people with limited
hors d'oeuvres available, such as cheese and crackers to enhance the wine. No kitchen is
proposed. The food will either come from Rothschild's or be prepared off -site. The
location will have minor interior changes to the decor to accommodate the wine tasting.
If the Planning Commission approves The Wine Gallery for the addition of the On -Sale
Wine and Beer Type 42 License, the Police Department will submit conditions to the
Department of Alcohol Beverage Control as necessary.to maintain the health, safety and
welfare of the community.
For Police services information refer to the attached report by Crime Analyst Paul
Salenko.
Siens and Displays:
Mr. Olsen stated the signs for the location were designed to comply with city
requirements as to sign type, size or location and the only change would be to add "wine
tasting" to the awning at the front of the store.
Hours of Operation:
According to Chris Olsen, the intended hours for wine tasting are 11:00 A.M. to 8:00
P.M. for a maximum of 2 -3 times a week. '
Preventive Desien:
It should be noted the rear of the shop is located directly across from a residential area.
Appropriate conditions should be in place to ensure that noise from store deliveries,
employees, and cleaning crews do not disturb area residents.
Security:
The location is monitored by an alarm company and also has a panic alarm in the event of
an emergency.
Per ABC
An On -Sale Beer and Wine Public Premises (Type 42) authorizes the sale of beer and
wine for consumption on or off the premises where sold. No distilled spirits may be on
the premises. Minors are not allowed to enter and remain. Food service is not required.
Additional Comments:
The Police Department has no objection to the operation as described by Mr. Schroeder
and Mr. Olsen and will condition the ABC license upon approval by the City for a Use
Permit as necessary to maintain the health, safety and welfare of the community
For the purposes of this application, staff may also want to consider establishing
conditions that would require a Special Event Permit. A Special Event Permit may be
required for any event or promotional activity outside the normal operational
characteristics of the proposed operation. For example, events likely to attract large
crowds, or events for which an admission fee is charged, those that include any form of
on -site media broadcast (live or taped for future broadcast), any event produced by third -
party or contract promoters, or any other activities as specified in the Newport Beach
Municipal Code to require such permits. It may also be appropriate to establish
appropriate conditions that would address possible future uses that might evolve this
business towards a traditional bar -type of establishment.
In addition the Police Department believes the following conditions would be appropriate
for the Conditional Use Permit regarding the business:
The alcoholic beverage outlet is hereby defined as a retail establishment for the sale of
general alcoholic beverages for off -site consumption as the primary and principal use of
the project site. On -site consumption of alcoholic beverages shall be limited to wine
tasting and shall be accessory and subordinate to the principal retail use. Such sales shall
not exceed 20 percent of quarterly gross sales.
The interior area authorized for on -site consumption of beer and wine in conjunction with
a Type 42 license shall be limited as delineated by the approved floor plans. Substantial
changes to the floor plans shall require prior approval by the Planning Commission.
Approval does not permit the premises to operate as an eating and drinking
establishment, restaurant, bar tavern, cocktail lounge or nightclub as defined by the
Municipal Code, unless the Planning Commission first approves a Use Permit.
CSO Kim Reilly
Vice and Intelligence Unit