HomeMy WebLinkAboutTast of Napa (PA2002-074)PLANNING DEPARTMENT
CITY HALL
3300 NEWPORT BOULEVARD
P. O. BOX 1768
NEWPORT BEACH, CALIFORNIA
92658 -8915
• __9 0LWE
To: Planning Commission
From: Todd M. Weber, Associa anner ,�
CC:
Date: August 8, 2002
Re: Staff Report for August 8, 2002 Agenda Item No. 4 — Taste of Napa
Use Permit No. 2002 -013 (PA2002 -074)
The staff report was unable to be completed in time for duplication and distribution in your agenda
packets. It will be delivered under separate cover on Monday. I apologize for any inconvenience this
may cause.
aE'w"Oar CITY OF NEWPORT BEACH
p4 O
PLANNING DEPARTMENT
u 3300 NEWPORT BOULEVARD
a
`'a�ona`9 NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3229
Hearing Date: August 8, 2002
Agenda Item: 4
Staff Person: Todd M. Weber, 644 -3209
Appeal Period: 14 days after date of
action
REPORT TO THE PLANNING COMMISSION
PROJECT: Taste of Napa (PA2002 -074)
611 E. Balboa Blvd.
SUMMARY: Request for Use Permit No. 2002 -013 to establish an Alcoholic Beverage
Outlet (ABO) with Type 20 and Type 42 licenses to permit both retail wine
sales and limited, ancillary on -site consumption and wine tasting. The
project also includes a request for a waiver of the off street parking
requirements.
ACTION: Adopt, modify, or deny the applicant's request.
APPLICANT: Andra Sachs, Newport Beach
LOCATION: Southwest corner of the Washington Street and Balboa Boulevard
intersection
LEGAL
DESCRIPTION: Parcel 3 of Resubdivision No. 891
GENERAL PLAN: Retail and Service Commercial
ZONING
DISTRICT: SP District #8 (Central Balboa Specific Plan) — RSC
Introduction and Project Overview
The applicant, Ms. Andra Sachs, has submitted a request for a use permit for an establishment
that offers retail sales of beer and wine, with on -site wine consumption and tasting. The proposed
use, Taste of Napa, would be located in an existing mixed -use, multi -tenant building in Balboa
Village addressed as 611 E. Balboa Boulevard.
In addition to the use permit requirement for an Alcoholic Beverage Outlet (ABO) under the
City's ABO ordinance, the project includes a request to waive the off - street parking
requirements.
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Use Permit No. 2002 -013 (PA2002 -074)
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611 E. Balboa Blvd.
Current
Mixed use, multi -tenant building with both retail and service commercial uses on the
Development:
ground level currently including: a nail salon, a cafe, a specialty retail shop. The
second level is comprised of residential units.
To the north:
A retail and service commercial use (market) across Balboa Boulevard and both
private and public parking lots.
To the east:
Retail and service commercial uses across Washington Avenue including restaurants
and the Balboa Theatre building
To the south:
Multi -tenant residential use 3 story apartment building) across an existing alley
To the west:
Both commercial and residential uses along the south side of Balboa Boulevard
Taste of Napa (PA2002 -074) �d
August 8, 2002
Page 2 of 10
The applicant primarily intends to open a retail wine establishment for off -site consumption, but
one that would include wine tasting and on -site consumption as an accessory use.
The floor plan submitted shows a wine bar counter in excess of 25 feet with space for 12 bar stools
(seats). The plans also show 2 interior tables that could accommodate another 10 seats, for a total of
22 seats. When viewing the plans, a significant portion of the interior space in the suite is shown as
dedicated to the consumption of or tasting of wine. The floor plan shows that no kitchen or area for
food preparation is proposed.
The applicant has applied for Type 20 and Type 42 licenses with the State Department of Alcoholic
Beverage Control (ABC) to permit both off and on -sales of beer and wine. A Type 42 license is
categorized as "On -Sale Beer and Wine for Public Premises." A Type 20 license is for "Off -Sale
Beer and Wine."
The Zoning Code defines all commecial uses under Chapter 20.05 — Use Classifications. Section
20.05.050(K) defines Eating and Drinking Establishments as "businesses with the principal purpose
to serve prepared food or beverages for consumption on or off the premises." Subsection
20.05.050(K)(7) defines Bars and Cocktail Lounges as follows:
Establishments with the principal purpose to sell or serve alcoholic beverages for consumption
on the premises or any establishment having any of the following characteristics:
a. Is licensed as a 'public premises" by the California Department of Alcoholic Beverage
Control.
b. Provides an area for serving alcoholic beverages that is operated during hours not
corresponding to regular meal service hours. Food products sold or served incidentally
to the sale or service of alcoholic beverages shall not be deemed as constituting regular
meal service.
Altough the applicant intends to sell wine for off -site consumption, the Type 42 license classifies
the use as a bar. The Type 42 license sought through ABC would allow the business to be classifed
as a public premise for the on -site consumption of alcohol. This determination is further supported
when examining the proposed floor plan.
Background
Because of its location, there is an extensive history of City approvals and projects associated with
the property. The most recent have been summarized below for the Commission's consideration.
1989 Approval of Use .Permit No. 3337 that permitted construction of a mixed use
development on 5 separate lots located in the C -1 District that resulted in the creation of 5
total dwelling units on the second level above ground -level commercial tenant spaces.
Request also included Resubdivision No. 891 that allowed the conversion of 5 separate
parcels into 3 of which the project site is the largest.
3
Taste of Napa (PA2002 -074)
August 8, 2002
Page 3 of 10
1995 Approval of a request to convert the existing mixed -use project into 3 residential
condominiums and 1 commercial condominium.
1999 Approval of a condominium conversion for the 3 residential units located on the second
level (previous conversion expired).
2001 City Council approval of a parking waiver for Natural Nails at 615 E. Balboa Boulevard.
The Commission denied the request, and upon appeal, the Council approved the request
to waive 6 spaces as long as 3 were provided on -site at all time for the nail salon use.
Site Overview
The project site would be located within an existing, multi -tenant building at the southwest
corner of the Washington Avenue and Balboa Boulevard intersection in Central Balboa. The
mixed -use development building has multiple retail and service commercial uses on the ground
level and residential units above. The size of the suite where the business would be located is 877
square feet (sq. ft.). Parking for the all of the uses within the building is accessed from the alley
abutting the rear (south side) of the project site. The frontage along Balboa Boulevard is part of
the recently completed improvements (e.g., new sidewalks, street furniture, planting, etc.) under
Phase I of the Balboa Business Improvement District (BID). The building has a total of 16
enclosed tandem parking spaces, of which 6 are restricted for use by customers of the street level
commercial uses on a first -come basis.
Analysis
General Plan and Local Coastal Program (LCP)
The City's General Plan designates the site as Retail and Service Commercial. The applicant's
request is consistent with this designation in that both retail wine establishments and
bars /cocktail lounges are permitted uses within the Retail & Service Commercial land use
designation. The Local Coastal Program Land Use Plan addresses the proposed project in the
context of the Central Balboa commercial setting. The proposed project complies with the
General Plan and Local Coastal Program Land Use Plan designations for land use.
Specific Plan
The project site is located within Balboa Village, inside of the boundaries of the Central Balboa
Specific Plan (SP District # 8). The proposed use is consistent with the retail and service
commercial uses allowed under the Specific Plan. The only construction activities associated
with the request involve tenant improvement within the existing building.
Hours of Operation
The hours of operation are proposed to be from 12:00 pm (noon) to 10:00 pm Sunday through
Thursday, and from 12:00 pm (noon) to 11:00 pm on Friday and Saturday. These hours are
Taste of Napa (PA2002 -074) q
August 8, 2002
Page 4 of 10
consistent with the other businesses operating within Balboa Village, and the Police Department
has no objections to the hours.
Alcoholic Beverage Outlets (ABO) Ordinance
On June 8, 1998, the City Council adopted the Alcoholic Beverage Outlets (ABO) Ordinance
(Chapter 20.89 of the Municipal Code). In accordance with Section 20.89.030A of the ABO, a
new use permit is required for any new alcoholic beverage outlet. The purpose of the ABO
Ordinance is to preserve a healthy environment for residents and businesses by establishing a set'
of consistent standards for the safe operation of alcoholic beverage outlets, while preventing
alcohol - related problems. Therefore, this staff analysis is required in conjunction with the
findings and requirements of the ABO. The ABO requires the Planning Commission to consider
the following:
1. Whether the use serves public convenience or necessity.
2. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county -wide average.
4. The numbers of alcohol- related calls for service, crimes or arrests in the
reporting district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools.
In order to provide the Planning Commission with the necessary data and analysis to make the
required findings, each of the foregoing is discussed as follows:
Public Convenience or Necessity. The proposed project is primarily a retail establishment for
off -sale purposes and the limited on -site consumption of alcoholic beverages proposed is a
typical ancillary use of such establishments. The applicant is proposing 22 seats and a counter
area that is more typical of a bar so that if a customer chooses to consume more than an ounce
(typical size used for wine tasting) on site, they may. However, the Police Department has
recommended that the on -site consumption activity be monitored, at least during the initial years
of operation, to ensure that the project does not turn into another bar. The Taste of Napa proposal
can be viewed as complementary to the surrounding business district that offers entertainment,
retail, and office uses as well as potential theater patrons. The proposed project is located in an
area intended for retail or restaurant uses in the original building. Therefore, it can be argued that
the project with on -site consumption of alcohol furthers the public convenience or necessity.
However, it should be noted that the City would not necessarily be supportive of another
establishment in this area primarily intended for the service of beer and/or wine exclusively.
Crime Rate. Citywide, there were 6,955 crimes reported during calendar year 2001, of which
2,852 were Part One Crimes (serious offenses). The remaining 4,103 were Part Two Crimes that
include alcohol related arrests. The project site, located within Central Balboa, is located within
Police Reporting District No. 12. During 2001, there were 86 Part One Crimes and 147 Part
S
Taste of Napa (PA2002 -074)
August 8, 2002
Page 5 of 10
Two Crimes in RD No.12 equaling 233 total crimes documented. The adjacent Reporting
Districts are Nos. 11 and 13. RD No. 11 had 35 Part One and 51 Part Two Crimes (86 total); and
RD No. 13 had 101 Part One and 161 Part Two Crimes (262 total). A map of the recording
districts is attached as Exhibit No. 5. The number of total crimes reported within the RD No. 12
is between the figures provided for the surrounding RD's, the 233 figure provided is higher than
the City wide RD average of 211 (22 additional crimes or 10.4% more). The Police Department
notes that the project 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, which would require a finding that
the new license would not serve the public need or convenience per City Council Policy K -7.
Over Concentration. The request for the Use Permit results in a net increase of 2 licenses in RD
No. 12. There are a total of 27 active ABC licenses within RD No. 12 as compared to 0 in RD 11
and 5 in RD 13. The census tract which the project is located in has a higher ratio of liquor
licenses compared with the average ratio for Orange County since there is a lesser population
within the census tract than is typical. However, as noted above, the area is within Central
Balboa, which has a high number of eating and drinking establishments. The area is typified by
a variety of uses ranging from full- service, sit -down restaurants to take out and specialty food
uses that are complementary to the retail commercial, recreational and entertainments uses that
predominate in the area. As noted by the Police Department report, the requested on -sale alcohol
license is not expected to generate additional crime problems in the area due to the nature of the
business. The project may be required to limit the percentage of on -site consumption as
evidenced by reports supplied to the City that show the place is not acting as a bar. The
concentration of alcoholic beverage licenses within the area is not considered by the Police
Department as detrimental.
Alcohol Related Crimes. The Police Department only tracks driving under the influence and
plain drunk arrests as alcohol - related. There were 9 driving under the influence (DUI) arrests and
47 plain drunk arrests within RD No. 12 in 2001. This amount of alcohol related arrests
constituted 3.16% of the total recorded within the entire City, in which alcohol related arrests
accounted for 48.75% of all arrests made. The percentage of the total citywide alcohol- related
arrests in the two adjacent reporting districts is 3.22% for RD No. 11 and 9.72% for RD No. 13.
A map of the reporting districts is included as Exhibit No. 5. The alcohol - related arrest rate for
RD No. 12, as compared to the overall arrests made in the district, is slightly lower than the
citywide average (46.28% for RD No. 12 as opposed to 48.75% citywide) and between the two
adjacent RD's (32.55% for RD No. 11 and 50.87% for RD No. 13). RD No. 11 is comprised of
strictly residential and recreational uses. Based upon the factors mentioned above, the Police
Department does not believe that the proposed use will generate a significant number of alcohol -
related incidents if the use is operated as intended and conditioned.
The sale of alcohol for on -site consumption is intended to be ancillary to the primary function of
retail sales and the establishment is not intended to operate as a bar. However, the floor plan
includes a large bar and a couple of tables adjacent to the bar. Although these features are present
in the design, the bar /counter area and tables are approximately half of the total floor area; the
remaining areas are devoted to retail space. It is unlikely that the sale of alcohol in conjunction
with the primary retail use as proposed is likely to increase alcohol - related crimes. The amount
of on -site consumption is limited in staff's opinion. Based upon these factors, the Police
I.'-7
Taste of Napa (PA2002 -074)
August 8, 2002
Page 6 of 10
The Commission needs to determine whether or not the project can be classified as a retail use in
determining the required parking. The waiver request would be for 2 spaces under the retail use
or 5 if the Commission determined that the total number of seats should be used. Of the 10
spaces provided on -site for the commercial uses, 3 are dedicated to the nail salon leaving 7 for
the remaining 2 commercial tenants, which are a cafe and retail space. Depending on the
Commission's determination, the project would result in the waiver of 2 to 5 parking spaces.
The project is proposed primarily as a retail use, with substantial space dedicated to accessory
uses that function more like a bar. The Commission must determine whether the request is
appropriate for the retail use given the operational characteristics and the manner in which it can
be regulated by conditions of approval. Staff feels that a greater parking demand is likely due to
the proposed seating. However, the Transportation and Development Services Manager reviewed
the proposal without objection, but noted that the applicant should be made aware of the general
shortage of parking on the Balboa Peninsula, especially during the summer months. Staff feels
the waiver request can be supported based upon the conditions of approval attached to the Use
Permit limiting the operational characteristics of the proposed use. For another parking waiver
request, the Zinc Caf6 in Corona del Mar, the Commission previously approved a condition
requiring additional review of the parking situation after the project, has been open for 6 months.
This monitoring action would also be available for the Commission to consider here.
Environmental Review
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 (Existing Facilities). The
project would only involve tenant improvements to an existing building and a waiver of the off -
street parking requirements.
Conclusion
Staff believes that the findings for approval of the Use Permit can be made. Even with a Type 42
license to establish the project as a public premise for alcohol consumption, the Police
Department feels that if the project is conditioned properly to limit the overall amount of on -site
consumption through limiting the percentage of sales for on -site consumption, it will act more as
a retail use. Staff has suggested a condition to monitor this aspect of the business' activity in an
attempt to ensure the use doesn't "evolve" into another (beer & wine) bar and it should be noted
that it is a new and unproven method. The area's crime and alcohol related statistics do not
preclude the subject use from being considered. Based upon all of the factors covered in the
report, staff believes that the required findings of the ABO can be met. The project may be
viewed as complementary to surrounding uses. While the site is not served by ample parking,
especially during the busier summer months, the maximum number of parking spaces waived
would be 5. Staff feels that the proposed new use, as conditioned, does not change the former
retail use in a manner to increase parking demand.
Taste of Napa (PA2002 -074) 4
August 8, 2002
Page 9 of 10
Recommendation
The Commission has the option to approve the request as proposed. Should the Commission
wish to do this, Resolution No. 2002 - has been prepared for adoption and is included as
Exhibit No. 1.
Submitted by: Prepared by:
PATRICIA L. TEMPLE TODD M. WEBER
Planning Director Associate Planner iV
J—'O C�,ek5�ff /.,
Exhibits
1. Resolution including findings and conditions of approval
2. Findings for denial
3. Plans
4. Map of Central Balboa Specific Plan Boundaries
5. Map of the City's Reporting Districts
l0
Taste of Napa (PA2002 -074)
August 8, 2002
Page 10 of 10
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -013 (PA2002 -074) FOR PROPERTY LOCATED AT 611 E.
BALBOA BOULEVARD
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Ms. Andra Sachs, with respect to property located at
611 E. Balboa Boulevard and legally described as Parcel 6 of PM 221 -30, requesting approval of Use
Permit No. 2002 -013 to authorize the sale of alcoholic beverages for off and on -site consumption at a
retail wine establishment pursuant to the Alcoholic Beverage Outlet Ordinance (ABO).
Section 2. A public hearing was held on August 8, 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 duly given. Evidence, both written and oral, was duly 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 wine bar and retail 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 of the Specific Plan 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 the on -site sales and consumption of alcoholic beverages in
conjunction with a retail wine establishment to be opened in an existing building that is
designated and zoned for this activity. The use has been conditioned in such a manner to
minimize the impacts associated with the on -site consumption of alcoholic beverages as an
ancillary element. The plans, as conditioned, are limited to a maximum number of 22 seats and
meet the design and development standards for alcoholic sales.
2. The operational characteristics of the proposed use, including the hours of operation, are consistent
with other businesses in the Central Balboa commercial district where the project is located. Any
change in the operational characteristics, including a change in the hours of operation, the wine
tasting or consumption characteristics, the addition of food preparation facilities and meal service,
recurring live entertainment activities, etc., would require an amendment to the Use Permit,
reviewed by the Planning Commission.
Exhibit No. 1
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 6
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:
a. The convenience of the public can be served by the sale of desired beverages in
conjunction with a retail sales establishment that is complementary to surrounding uses in
Central Balboa.
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.
C. The number of alcohol licenses within the report 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 limited ancillary on -site
consumption and tasting are not expected to increase alcoholic related crime.
C. There are no day care centers or schools in the vicinity of the project site. Residences exist
to the south of the site across an alley. Even though the available on -site parking is
accessed from the alley, there is no expected adverse impact on the residential uses in that
the on -site consumption and tasting has been conditioned to be limited in such a manner to
assure that it remains ancillary to the primary and principal retail nature of the business in
selling wine for off -site consumption.
4. The use's proposed location is the particular reason for granting the parking waiver. The project
site is approximately 1 block from the Balboa Pier public parking area and has a municipal
parking lot located across Balboa Boulevard. Any change in the operational characteristics,
particularly a change in the addition of food preparation facilities and meal service, recurring live
entertainment activities, etc., would require an amendment to the Use Permit, reviewed by the
Planning Commission with the waiver reconsidered.
5. The operational characteristics and location of the proposed use are such that a substantial amount
of business is generated by walk up traffic. The peak operational times are anticipated to be during
the evening hours when a number of the surrounding businesses are closed. Two municipal
parking lots are located in close proximity to be useful in conjunction with the proposed
project. These factors are anticipated to reduce the project's trip generation and reduce negative
effects of the limited on -site parking available.
6. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Existing Structures).
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
Use Permit No. 2002 -013 (PA2002 -074), subject to the Conditions set forth in Exhibit "A."
�2
City of Newport Beach
Planning Commission Resolution No. _
Paee 3 of 6
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.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF AUGUST, 2002.
BY:
Steven Kiser, Chairman
IM
Shant Agajanian, Secretary
AYES:
NOES:
13
City of Newport Beach
Planning Commission Resolution No. _
Paee 4 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2002-013
(PA2002 -074)
1. The development shall be in substantial conformance with the approved plot plan, floor plan, and
elevations dated August 8, 2002.
Use Permit No. 2002 -013 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.
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 California Building Code. The construction plans must meet all applicable State Disabilities
Access requirements. Adequate access and exiting must be cleared through the Building
Department. Specifically, approval from the State Department of Alcoholic Beverage Control
(ABC) is required prior to permit issuance for tenant improvements.
4. Hours of operation shall be from 12:00 PM (noon) to 10:00 PM, Sunday through Thursday; and
from 12:00 PM (noon) to 11:00 PM on Friday and Saturday.
The alcoholic beverage outlet for which this Use Permit is granted shall be defined as a retail
establishment for the sale of alcoholic beverages (beer and wine) for off -site consumption as the
primary and principal use of the project site. On -site consumption of wine, including wine tasting,
shall be accessory and subordinate to the principal retail use. The gross receipts for the on -site
consumption of alcoholic beverages, including wine tasting, shall not exceed 20% of the quarterly
gross sales or 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 by the 15` business anniversary date and annually for two additional years.
6. 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 section 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.
The design for the bar and the location and design of the wine tasting area shall comply with the
policies and regulations of the State Department of Alcoholic Beverage Control (ABC).
Iq
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 6
8. The wine tasting areas shall have adequate barriers as required by the California State Department
of Alcoholic Beverage Control (ABC). Wine tasting shall be limited to wine only; the tasting of
hard spirits is prohibited. In addition, the wine tasting area shall not exceed 150 square feet in area
in the street (main) level. Loitering, open container, and other signs shall be posted as required by
the ABC.
9. No live entertainment or dancing shall be perntted in conjunction with the permitted use. Use of
exterior speakers for any purpose is prohibited at all times. Upon evidence that noise generated
by the project exceeds the noise standards established by Chapter 20.26 (Community Noise
Control) of the Municipal Code, the Planning Director may require that the applicant or
successor retain a qualified engineer specializing in noise /acoustics to monitor the sound
generated by the restaurant facility to develop a set of corrective measures necessary in order to
insure compliance.
10. The operator of the retail wine establishment and bar facility shall be responsible for the control of
noise generated by the subject facility. The noise generated by the proposed use shall comply with
the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall
be limited to no more than depicted below for the specified time periods unless the ambient noise
level is higher:
11. That any change in operational characteristics, hours of operation, expansion in area or other
modification to the floor plan, the addition of food preparation facilities or meal service, recurring
live entertainment activities, etc., shall require amendment to this Use Permit or the processing
of a new Use Permit.
12. Should this business 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.
13. 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.
14. This Use Permit shall be terminated if the operation is no longer maintained primarily and
principally as a retail wine store with ancillary on -site consumption and tasting.
15
Between the hours of
7:OOAM and 10:00PM
Between the hours of
TOOAM and 10:00PM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
11. That any change in operational characteristics, hours of operation, expansion in area or other
modification to the floor plan, the addition of food preparation facilities or meal service, recurring
live entertainment activities, etc., shall require amendment to this Use Permit or the processing
of a new Use Permit.
12. Should this business 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.
13. 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.
14. This Use Permit shall be terminated if the operation is no longer maintained primarily and
principally as a retail wine store with ancillary on -site consumption and tasting.
15
City of Newport Beach
Planning Commission Resolution No.
Page 6 of 6
15. A Special Events Permit (SEP) is required for any event or promotional activity outside the
nonnal operational characteristics of this retail business that would attract large crowds, include
any form of on -site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
16. The exterior of the retail wine establishment and alcoholic beverage outlet shall be maintained free
of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash,
litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the
premises.
17. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in alleys, 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.
18. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage
Control shall be beer and wine public premises for limited, ancillary on -site consumption only
in conjunction with the principal use of the facility as a retail wine establishment. Any change
(including a change in business ownership), modification, or upgrade in the alcoholic beverage
license shall be subject to the approval of an amendment to this application and may require the
approval of the Planning Commission.
19. 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 Use Permit.
20. 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.
21. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his
employees or representatives share in any profits, or pay any percentage or commission to a
promoter or any other person based upon money collected as a door charge, cover charge or
any other form of admission charge, including minimum drink orders or sale of drinks is
prohibited.
22. 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.
23. 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.
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Findings for Denial
Use Permit No. 2002 -013
(PA2002 -074)
The approval of Use Permit No. 2002 -013 will, under the circumstances of the case, be detrimental to the
health, safety, peace, morals, comfort and general welfare of persons living and working in the
neighborhood, will be detrimental to the general welfare of the City and is not consistent with the
legislative intent of Title 20 of the Newport Beach Municipal Code for the following reasons:
a) The proposed design for the tenant space where Use Permit No. 2002 -013 will be located
lends itself to be operated or utilized as a bar or cocktail lounge more than the intended retail
use. The applicant has applied for a Type 42 license with the State Department of Alcoholic
Beverage Control (ABC) that would authorize the tenant space to be classified as a public
premise for the on -site consumption of alcoholic beverages. This license allows activities
beyond the Type 20 license that would authorize retail sales for off -site consumption. The
Police Department has expressed concern that if the use is operated as bar or cocktail lounge,
the alcohol related calls and arrests will be increased, further straining the limited resources
available to the City and potentially impacting surrounding property owners and residents in a
negative manner.
b) The amount of required parking associated with the project has not been provided, negatively
impacting the scarce parking currently available in the surrounding neighborhood. Sufficient
parking spaces do not exist on -site nor within close proximity of the site to accommodate the
increased intensity associated with the project. The extent of the off - street parking
requirement waiver requested is too severe given the existing circumstances surrounding the
project site and the community.
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Exhibit No. 2
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City of Newport Beach
Central Balboa
Land Use Map
Specific Plan District #8
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MFR — Multi family Residential
R -2 -- Two-Family Residential
Residential - Professional
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Governmental, Educational, and Institutional Facilities
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Exhibit No. 4
NEWPORT BEACH
POLICE DEPARTMENT
July 31, 2002
TO: Todd Weber, Planner
FROM: Investigator Tom Voth
SUBJECT: Taste of Napa
At your request our office has reviewed the project request for Taste of Napa, located at
611 East Balboa Blvd., Newport Beach. The applicant, Andra Sachs, plans to sell fine
wines, packaged snack items, wine related items and gift baskets. In addition, Ms. Sachs
proposes to offer wine tasting at the location. Similar to her Sunset Beach location, she
will offer wine tasting by the glass, two -ounce "taster" and flights of tasters. Her plan
depicts a wine bar with a total of 22 seats- twelve bar seats and two small tables with
seating for ten. The business has approximately one thousand square feet of floor space
and is located in an area that attracts substantial seasonal traffic.
Ms. Sachs has applied for a Type 42 ABC license (On -Sale Beer & Wine - Public
Premise) and Type 20 (Off -Sale Beer & Wine) license. Upon approval by the planning
commission 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.
Signs and Displays:
Ms. Sachs was advised that any signs and displays would need to conform to city
requirements.
Hours of Operation:
According to Ms. Sachs, the intended hours of operation are from noon to 10:00 p.m.
Sunday through Thursday and noon to 11:00 p.m. on Friday and Saturday.
Preventive Design:
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.
�3
Additional Comments:
The Police Department has no objection to the operation as described by Ms. Sachs.
Upon city approval of the Use Permit, our department will recommend conditions for the
ABC license 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
conditions that would address possible future uses in the event this business evolves
towards a traditional bar -type establishment.
The Police Department has deterniined the following conditions would be appropriate for
the Conditional Use Permit:
1. 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 wine 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.
2. 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.
3. 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.
Investigator, Tom Voth
Vice and Intelligence Unit
%
City of Newport Beach
Police Department
Memorandum
July 31, 2002
TO: Todd Weber, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Taste of Napa project at
611 East Balboa Blvd. This area encompasses our reporting district (RD) number 12 as well
as part of Census Tract 628. This report reflects City of Newport Beach data for calendar
year 2001, which is the most current data available.
Calls for Service Information
City wide there were 55,291 calls for police services during this time, of which 2,205 were in
RD 12. 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 6,955 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,852 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
4,103 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,770.24 per 100,000 people. The national Part One crime rate was 4,124.0 per
100,000 people.
Crimes
RD 12
Newport Beach
California*
National*
Part 1
86
2,852
1,266,714
11,605,751
Part 2
147
4,103
N/A
N/A
Part 1Crime Rate
5,073.75
3,770.24
3,739.7
4,124.0
The number of active ABC licenses in this RD is 27 **
This reporting district had a total of 233 reported crimes as compared to a City wide
reporting district average of 211 reported crimes. This reporting district is 22 crimes or 10.4%
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. r
2
Arrest Information
There were 9 DUI arrests and 47 Plain Drunk arrests in this area during this same period as
compared to 1,769 for the entire city. This RD amounts to 3.18 % 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 12
Newport Beach
California*
National*
(DUI/Drunk)
56
1,769
N/A
N/A
All Arrests
121
3,629
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 11 and RD 13. As you know, RD 11 is primarily residential in nature.
Crimes
RD 11
RD 13
Part 1
35
101
Part 2
51
161
Crime Rate
2,534.4
5,528.19
Arrests (DUI/Drunk)
14
58
All Arrests
43
114
Calls For Service
1,092
2,132
Number of active ABC licenses
0 **
5 **
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
July 31, 2002 z