Loading...
HomeMy WebLinkAbout01 - Vin Goat Minor Use PermitfiEWPOo COMMUNITY DEVELOPMENT DEPARTMENT 04 �� PLANNING DIVISION U$ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644 -3229 CgCIFURN�P www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT June 27, 2012 Agenda Item 1 SUBJECT: Vin Goat Minor Use Permit - (PA2012 -051) 3326 E. Coast Highway Minor Use Permit No. UP2012 -007 APPLICANT: John Bennett dba Vin Goat PLANNER: Benjamin M. Zdeba, Planning Technician (949) 644 -3253, bzdeba @newportbeachca.gov ZONING DISTRICT /GENERAL PLAN • Zone: CC (Commercial Corridor) • General Plan: CC (Corridor Commercial) PROJECT SUMMARY A minor use permit to allow the establishment of a Type 20 (Off -Sale Beer and Wine) and a conditional Type 42 (On -Sale Beer and Wine for Public Premises) Alcoholic Beverage Control (ABC) license for an existing retail artisan cheese and specialty fine food retail store. The conditional Type 42 license will allow the addition of tasting and pairing classes as an accessory use. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2012 -007 (Attachment No. ZA 1). • The applicant currently operates a 1,200 square -foot retail store selling artisan cheese and specialty fine food. "Retail Sales" is a permitted use within the CC (Commercial Corridor) Zoning District. The current hours of operation are from 10:00 a.m. to 6:00 p.m., Monday through Saturday, and from 11:00 a.m. to 4:00 p.m. on Sunday. • The applicant proposes an off -sale beer and wine component to the existing operation in order to complement the specialty packaged food sales. • In conjunction with this license, the applicant is pursuing a conditional Type 42 (On -Sale Beer and Wine for Public Premises) ABC license to allow instructional tasting and pairing classes after store hours between the hours of 6:00 p.m. and 9:00 p.m. within a 312 square -foot preparation area located in the rear half of the tenant space. • Although a Type 42 ABC license is listed within the Zoning Code as a license type commonly issued to a bar establishment, the license will be restricted by the California ABC with a condition that limits pours of beer and wine to a maximum volume of two ounces. • Due to the strict limitation on pours, the limited hours of operation, and the conditions of approval placed on the application, the issuance of a restricted Type 42 ABC license to conduct tasting and pairing classes is seen as an accessory use to the existing retail store. • Parking for the existing multi- tenant commercial building is located on a separate parcel to the north of the property. • The principal use of the structure will remain an artisan cheese and specialty fine food retail store and the accessory on -sale beer and wine component (tasting and pairing classes) will not intensify the use; therefore, there is no need for an increase in required parking. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the addition of beer and wine sales (accessory use) to an existing retail store. Therefore, the use qualifies for a categorical exemption under Class 1. PUBLIC NOTICE Notice of this application was mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant and posted on the subject property at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. Tmplt:01 -05 -12 APPEAL PERIOD: An appeal may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949 644 -3200. Prepared by: eba finn t nci n GRlbmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Description and Justification ZA 4 Police Department Memo ZA 5 Site Plan and Floor Plan Tmplt:01 -05 -12 Attachment No. ZA 1 Draft Resolution Tmplt:01 -05 -12 RESOLUTION NO. ZA2012 -DRAFT A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2012 -007 TO ADD OFF -SALE AND ON -SALE BEER AND WINE FOR THE PURPOSE OF CONDUCTING TASTING AND /OR PAIRING CLASSES IN A RETAIL STORE LOCATED AT 3326 EAST COAST HIGHWAY (PA2012 -051) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Bennett dba Vin Goat with respect to property located at 3326 East Coast Highway, and legally described as Tract Number 323, Block S, Lots 1, 2, 3, and 4 requesting approval of a Minor Use Permit. 2. The applicant proposes beer and wine retail sales and tasting and /or pairing classes, in conjunction with the existing retail store specializing in artisan cheeses. The request includes the establishment of a Type 20 (Off -Sale Beer and Wine) and a Type 42 (On- Sale Beer and Wine for Public Premises) Alcoholic Beverage Control (ABC) license. 3. The subject property is located within the CC (Commercial Corridor) Zoning District and the General Plan Land Use Element category is CC (Corridor Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on June 27, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the addition of beer and wine sales (accessory use) to an existing retail store. Therefore, the use qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 2 of 8 Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The addition of beer and wine is intended for the convenience of patrons wishing to partake in tasting and /or pairing classes taking place within the retail tenant space. Operational conditions of approval recommended by the Police Department relative to the service of beer and wine will ensure compatibility with the surrounding uses and minimize related impacts. 2. Due to the high concentration of commercial land uses, the calls for service, number of arrests, and crime rate are greater than adjacent residential Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. 3. The proposed use is not located in close proximity to day care centers, park and recreation facilities, places of religious assembly, and schools; however, it is abutting a residential zoning district. The addition of a conditional Type 42 license, coupled with the limited hours of operation, is not considered or anticipated to be detrimental to the neighboring residential properties. In accordance with the Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal, the Police Department has reviewed the minor use permit application and has added conditions to ensure that the design and security of the tasting /preparation areas within the existing retail store are properly addressed. 4. The provision of off -sale beer and wine in conjunction with beer and wine tasting and /or pairing classes to the designated area within the tenant space will not substantially change the operational characteristics. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment or dancing is provided. The City has experienced land use conflicts, nuisance issues, and issues requiring police intervention with these types of activities in the past. Prohibition of these uses or activities will minimize potential land use conflicts, nuisances and police intervention. 5. The retail store is located within a highly - traveled commercial area that is occupied by a mixture of retail, service, and eating and drinking establishments. 6. There are two comparable establishments on Coast Highway which provide wine tasting as an amenity to patrons. The beer and wine licenses requested are the same as those obtained for said establishments and there is no evidence suggesting these uses have been detrimental to the neighborhood. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 3 of 8 7. The retail store and preparation area are permitted in the CC (Commercial Corridor) Zoning District. The off -sale and on -site consumption of beer and wine provides a public convenience by allowing the tasting of beer and wine for sale in addition to specialty food items offered for sale. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The property is designated Corridor Commercial (CC) by the Land Use Element of the General Plan. The CC designation is intended to provide a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The retail store use and accessory tasting is consistent with that designation. 2. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding 1. The retail sales use is consistent with the Commercial Corridor (CC) Zoning District, which is intended to provide for areas appropriate for a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The addition of off -sale beer and wine sales and on -site tastings is accessory to the retail sales use. The beer and wine service is allowed upon the approval of a minor use permit by the Zoning Administrator. 2. The proposed off -sale beer and wine sales and associated tasting and /or pairing classes are considered accessory to the retail use and are not considered an intensification of use; therefore, there is no change in the parking requirement. 3. The proposed conditions of approval ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 4 of 8 Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. As conditioned, the tasting and /or pairing classes will be restricted to the hours after the retail store closes and will cease at 10:00 p.m., daily. ' 2. Although there are nearby residential properties, the operational conditions of approval recommended by the Police Department relative to the sale of beer and wine will ensure compatibility with the surrounding uses and minimize related impacts. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a market with accessory dining and does not become a bar or tavern. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. 3. The retail store is required to comply with the California Building Code and requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the market. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and iNLFacts in Support of Findin 1. The project site is located within an existing multi- tenant commercial building. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. 3. The tenant improvement for a change of occupancy for the existing retail store and related preparation area was reviewed for compliance with all Building, Public Works, and Fire Codes in February of 2011. 4. All ordinances of the City and all conditions of approval will be complied with. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 5 of 8 to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and subjected to conditions of approval including limited hours of operation to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute nuisance areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the retail store. 2. As conditioned, the owners, managers and employees selling beer and wine shall undergo and successfully complete a certified training program in responsible methods and skills for selling beer and wine. 3. The addition of off -sale and on -sale beer and wine for the purpose of conducting tasting classes is accessory to the retail sales and is not considered an intensification of use and will not be detrimental to the neighborhood. 4. As conditioned, the hours of operation from 6:00 p.m. to 10:00 p.m., Monday through Saturday and from 4:00 p.m. to 10:00 p.m. on Sunday will preclude nuisances to the nearby residential properties. Although the applicant indicated 9:00 p.m. in his request, staff determined 10:00 p.m. would not be detrimental and would allow greater flexibility. - SECTION 4. DECISION NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2012 -007, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF JUNE, 2012. Brenda Wisneski, AICP, Zoning Administrator Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plan dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This minor use permit may be modified or revoked by the Zoning Administrator upon a finding of failure to comply with the conditions set forth in Chapter 20.52 of the Municipal Code, other applicable conditions and regulations governing beer and wine service, or 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. 3. Any change in operational characteristics, hours of operation, expan`in area, or other modification to the approved plans as they relate to beer and wifie sales, shall require an amendment to this minor use permit or the processing of a new use permit. 4. Minor Use Permit No. UP2012 -007 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 5. Should the beer and wine license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, or the leasing company. Future licensees, operators or assignees shall submit, within 30 days of transfer of the beer and wine license, a letter to the Planning Division acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this minor use permit. 6. The tasting area shall be accessible to disabled persons including work table number 8. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this minor use permit. 9. The types of beer and wine license issued by the California Board of Alcoholic Beverage Control shall be a Type 20 (Off -sale Beer and Wine) and a Type 42 (On- Sale Beer and Wine for Public Premises) in conjunction with the principal retail use. Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 7 of 8 10. The pairing and /or tasting classes shall only be conducted and on -sale beer and wine shall only be served upon the retail store closing to those who are not patrons of the tasting and /or pairing classes. The hours of operation for said classes shall be limited to between the hours of 6:00 p.m. and 10:00 p.m., Monday through Saturday and between the hours of 4:00 p.m. and 10:00 p.m., Sunday. Any increase in the hours of tasting and /or pairing classes shall be subject to the approval of an amendment to this minor use permit and may be subject to approval by the Zoning Administrator. 11. Individual servings of alcoholic beverages shall not exceed two ounces per glass or container. This condition shall not be construed as to prohibit a patron from sampling more than one glass and /or container of an alcoholic beverage for the purpose of comparative tasting(s). 12. The beer and wine sales for the purpose of on -site tasting classes shall be limited to the designated tasting area indicated on the floor plan submitted with the application. Any change in the operation of on -sale beer and wine sales or increase in the tasting area devoted to beer and wine sales for customers shall be subject to the approval of an amendment to this minor use permit issued by the Zoning Administrator. 13. No exterior amplified music, public address speakers, outside paging system, loudspeaker, sound system, or other noise generating device shall be utilized. 14. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the beer and wine outlet and adjacent properties during business hours, if directly related to the patrons of the subject beer and wine outlet. If the operator fails to discourage or correct nuisances, the Zoning Administrator may review, modify, or revoke this minor use permit in accordance with Chapter 20.96 of the Zoning Code. 15. The area outside of the retail store shall be maintained in a clean and orderly manner. The exterior of the business 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. The operator of the use shall be responsible for the clean -up of all on -site and off -site trash, garbage and litter generated by the use. 16. All trash shall be stored within dumpsters behind the retail building. 17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Vin Goat Minor Use Permit including, but not limited to, Minor Use Permit No. UP2012 -007 Tmplt: 05/1612012 Zoning Administrator Resolution No. ZA2012 -DRAFT Paqe 8 of 8 (PA2012 -051). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 18. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Bach Municipal Code. 19. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 20. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 21. There shall be no dancing and /or live entertainment allowed on the premises. 22. All owners, managers, and employees selling beer and wine shall undergo and successfully complete a certified training program in responsible methods and skills for selling beer and wine. 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 movie theater 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. 23. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of beer and wine, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Tmplt: 05/1612012 Attachment No. ZA 2 Vicinity Map Tmp1e01 -05 -12 VICINITY MAP t Vin Goat .�*e •,� , g. �h '� 3� �3e ! 3b q 1 y[ •, � �q � �C ". wiy��v /J, l . 9 Y Minor Use Permit No. UP2012 -007 PA2012 -051 3326 E. Coast Highway Tmplt:01 -05 -12 Attachment No. ZA 3 Applicant's Description and Justification Tmp1e01 -05 -12 Vin Goat 3326 East Coast Highway, Corona del Mar, CA Minor Use Permit Application Project Description Vin Goat has successfully operated an artisan cheese & specialty fine food retail shop in Corona del Mar for the past year. The majority of our business is artisan cheese from around the world, as well as gourmet foods for pairing. Gourmet foods include: fresh bread, charcuterie, olives, mustards, vinegars /oils, jams /honeys, chocolate, and teas. Many of our CcIM customers have been repeatedly asking us to offer specialty wines & craft brew to pair with the cheese & food products, and to also offer small classes /events (ex: cheese /wine pairing). As a customer - driven shop that's committed to strong CcIM community engagement, we are very grateful for the outstanding customer responses and would like to accommodate those requests. Further, the addition of alcohol will contribute to our sales goals and positively benefit our longer term business success. My request is to add specialty wines & craft brew to the existing retail store for: (1) retail sales during regular business hours to compliment cheese & gourmet product sales (ABC Type 20 license) (2) small tastings to enable periodic small classes and events after regular business hours (ABC Type 42 license) Additional details: • Regular hours: Tuesday — Saturday, approx. 10 AM — 6 PM; Sunday 11 AM — 4 PM. Type 20 wine /beer retail sales added to existing business. • After - hours: evenings, approx. 6 — 9 PM to conduct periodic small classes /events (ex: cheese & wine pairing class), some of which may utilize Type 42 • Parking lot used by 4 tenants: Vin Goat, BOA, UPS, and Le Petit Bateau Vin Goat has 6 dedicated spaces; 3 UPS; 5 Petit Bateau; 17 BOA Evenings, Saturday afternoons, and Sundays the bank is closed and BOA's 17 spaces may be used by the other 3 tenants. Additionally more than adequate parking is available in the public lot across Coast Hwy, as well as good street parking on Coast Hwy. For Type 20 license, Vin Goat's parking needs will not change, as we are not a liquor store and will not increase customers solely for wine purchases. Existing customers already coming into store for cheese /gourmet product purchases may add wine on top of their regular acquisitions. Vin Goat will use Type 42 for small classes /events after regular business hours, during evenings approx. 6 — 9:00 pm. At this time the bank will be closed and nearly an entire parking lot will be available. • No live entertainment, no dancing • Not a bar or wine bar, not a liquor store, no late hours PA2012 -051 for UP2012 -007 3326 E. Coast Highway John Bennett dba Vin Goal • Employees: 1 full -time, 1 or 2 part -time • Space: 1,200 SQ FT • General customer area approx. 368 SQ FT; includes gourmet food products & wine /craft brew • Wine /craft brew displayed along one wall in customer area, dimensions 13' W x 7' H x 1.5' D • Tasting area approx. 312 SQ FT gross • Zoning: Commercial Corridor Attachment No. ZA 4 Police Department Memo Tmple01 -05 -12 City of Newport Beach Police Department ,Tiff O <ia:imi, May 23`d, 2012 TO: Benjamin M. Zdeba, Planning Technician FROM: Detective Mario Montero SUBJECT: Vin Goat, 3326 E. Coast Hwy, Corona Del Mar Use Permit No. UP2012 -007 (PA2012 -051). At your request, the Police Department has reviewed the project application for Vin Goat, located at 3326 E. Coast Highway, Corona Del Mar. The applicant is requesting a minor use permit which would provide for alcohol sales and consumption of alcoholic beverages on the premises. The applicant is specifically requesting a Type 20 license (Off -Sale Beer and Wine) and a Type 42 license (On -Sale Beer and Wine for Public Premises). Vin Goat is retail food shop specializing in artisan cheeses and other specialty gourmet food items. The regular hours of operation are Tuesday- Saturday 10:00 am to 6:00 pm and Sundays 11:00 am to 4:00 pm. The applicant would also offer periodic wine tastings and classes (for cheese and wine pairings) after hours from 6:00 pm to 9:00 pm. The wine tasting /classes in the establishment would occur in an approximately 312 square foot area within the 1,200 square foot business. As proposed the establishment would not operate as a bar or liquor store and would not provide any live entertainment or dancing. I have included a report by Senior Crime Analyst Caroline Staub that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that the location is within a reporting district where reported crimes are 117% higher than the city's overall average. Additionally, this location is also within a reporting district that is over the Orange County per capita of ABC licenses. Applicant History The establishment is a retail business located at 3326 E. Coast Highway, Census Tract 0627.02, known as Vin Goat. The business is operated under Four Culinary Group, Inc. headed by John Bennett. Bennett does not operate any other business establishments of this kind. Vin Goat opened its doors for business in May 2011. Bennett is seeking to enhance the business by offering wine for sale to compliment the gourmet foods and cheeses currently sold. Vin Goat UP2012- 007(PA2012/051) Recommendations The Police Department has no objection to the operation as described by the applicant. Signs and Displays Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Hours of Operation The current hours of operation are from 10:00 am — 6:00 pm Tuesday through Saturday and 11:00 am — 4:00 pm Sundays. On -site wine and cheese pairing/ tasting classes would be offered from 6:00 pm to 9:00 pm on days to be determined by the operator. Security The Police Department has no recommendations. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Other Recommended Conditions To maintain quality of life for area residents and ensure the location remains a Bona -fide retail sales establishment, the Police Department has determined that the following conditions would be appropriate for the Minor Use Permit for the business: 1. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. There shall be no alcoholic beverage sales after 9:00 p.m. 2. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 3. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. 2 Vin Goat UP2012- 007(PA2012/051) These records shall basis and shall be demand. be kept no less frequently than on a quarterly made available to the Police Department on 4. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 5. There shall be no live entertainment allowed on the premises. 6. There shall be no dancing allowed on the premises. 7. Strict adherence to maximum occupancy limits is required. 8. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. If you have any questions, please contact Detective Mario Montero at (949) 644- 3706. Mario Montero, ABC/Vice /Intelligence Detective Division 3 (D- V, �� Dale Johnson, Captain Detective Division Commander NEWPORT BEACH POLICE DEPARTMENT (9) 870 Santa Barbara, P.O. Box 7000, Newport Beach, CA 92658 -7000 MEMORANDUM May 9, 2012 TO: Benjamin M. Zdeba, Planning Technician FROM: Caroline Staub, Senior Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Vin Goat retail shop at 3326 E. Coast Highway. This area encompasses our reporting district (RD) number 44 as well as part of Census Tract 627.02. This report reflects City of Newport Beach crime data for calendar year 2011, which is the most current data available. Calls for Service Information City wide there were approximately 65,411 calls for police services during this time, of which 3,926 were in RD 44. A "call for service" is defined as any citizen contact of the police department 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, animal control calls, etc. Crime Information There were 5,751 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,408 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 3,343 reports were Part Two crimes. The Part One crime rate for the entire city during this same period was 2,820.46 per 100,000 people. The national Part One crime rate was 3,345.521 per 100,000 people. This reporting district had a total of 330 reported crimes as compared to a city -wide reporting district average of 152 reported crimes. This reporting district is 178 crimes over or 117% above the city- wide reporting district average. ' Figures based on the 2010 Uniform Crime Reports, which is the most recent edition. 2 The Newport Beach population figure used for calculations is 85,376, as estimated by the CA Department of Finance. ABC License Information The number of active ABC licenses in RD 44 is 26, which equals a per capita ratio of one license for every 86 residents. This location is within an RD that is over the Orange County per capita average of ABC licenses. 3 Arrest Information In 2011, there were 29 DUI and 47 Public Drunkenness arrests in RD 44 compared to 643 DUI and 661 Public Drunkenness arrests for the entire city. This RD amounts to 4.51% of the DUI arrests and 7.11% of the Drunkenness 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 2009 had been drinking at the time of their arrest. I Additional Information The Alcoholic Beverage Outlets ordinance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The three adjacent reporting districts requested are RD 43, and RD 45. i Measure Part 1 Crimes D, 23 D, 25 Part 2 Crimes 25 20 Crime Rate 979.08 1,112.59 DUI Arrests 5 6 Drunkenness Arrests 1 3 Total Arrests 20 11 Calls For Service 605 378 Active ABC Licenses 4 3 Per capita license ratio 561 749 If you are in need of any further assistance, please feel free to contact me. Sincerely, Caro Ine Staub Senior Crime Analyst Newport Beach Police Department (949) 644 -3791 cstaub(&nbod.ore ' 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 June 30, 2011 the Orange County average of active, retail ABC licenses was one license for every 518 residents. (5,839 licenses and a population of 3,018,963) /_nm IT i - IM Ll C•w�I_vi 65 M-90FrorelgroMMO-Fri Tmp1e01 -05 -12 PARKING NOTES WEN NOFEn Cw ALdEY FAMIRS 5P IS PPON ,, IN LIW CO F?CYiOp6 A W KM °FACE FLR FSCH PAFK%FKP TYb S°ACE9 LAV AE ACSiOFO VM p523'WCE APFA UI£D LO PROA�A9'PAVYJ45 ASEA OV EAGN IWZIJ S' iO'hA I Nl7 UlO,VNYS PLCE95 A.AEM I' nE CBi1Ht'.FL IU'H9J Fb IEN'AA r C r1E M'N4H LBSTI CF AV PCCESyB1E PAVKI`:S S°ACE 5101. EE Ib'. SFG 02 ®9 Hb IIBibA 8.1 L. SWFACE°AGFES OP AOCESS PA¢Kd55PALE SIVLL 6E Kl� 2. P05,' A9 WrE IWr VENnLN. To MW N2PtL:NTAL M MY FR M. 5EL UYB3 9•M PACCM6'FALE FE�VED FO.2PE4fO1t -i VFMgSAB LrtIE9' L I ILBT Y BY ARERELTQR1.5 ff3NA`E STAY M CCWS .. Y ADJACF)IL TO.W V A FPNI K CCCW25FN CH PA5 5CFAfFOFlIE YEiI of A4ffi N6WTIOWFAK 14101E 4.ON OAVK BU.EBWLFCRPI. T£ &6AP M lF MAE ALLFR W to 'AJAVE ATIr3 dAVF_4 A+A. YlBIM APh1H OF VOM `FW 8E PoSLEDA HNH FNI OF m'FM6lT .4 TI CFTE 16, io TQ PAR4M16 SPKE F:ME9ED 60.ALE `Ff. IIY8,4 FK IIB+'BA B 1 L, YA4 ACCB'b'GE PAVKNS `TALCi SIWL INYE AY P1RAlWNL SSN 6TAT16 CESS&E' IYAHIED B3LlY T1E SYTLVY OF Acces'sluwl lutt, sEC 112•E.9 5, A4 ADgTIOWL V6 S ALSO%P031EO. IN ACQSP•LIWlFLKE. AT E ENI ACE tO OFF51AE2i PAVK•15 FKAMr .Q21MEOlAMY ADAM,fNi TO A\9 VIV& P F STAL ON SPACE T£ V64 $IAT LEh T1V.41T'BY2YM y¢WMy5TA 614itE`fi I1W1I'W 6.1EWii, W1LN CLEARLY AVD C.CfGP:UbFVLY SiAn -i TE PIX1deN5. YL II2@,9 1µAMYRJlty VBK PAA® M Mf AT ACUJA LPPG( WT M ,.`6 6nNYS5NF6 � M ADA YtS1AL LKkK`E RATFS PfJ.® FOR FHLSDIG MTN g5ABL111E51iiLL M TOYED AYNY AT g4ER5 E#HfE 10AW VStl MAYBE�ATPgJCBO , MBY LH H-1W (7M)T51-Sn2(21 bLVC) I M. WAVC`FK AVE TO M Fd IN NN AFRVAWATE RTORYATp!1 AS A FERVNf']:TPMT OF n 5''H y.RFAC2 CR F1GH PCLE5Y2LE `FICE LR STALL F1 HAYE A SACE A TN6 f6C Fd3 E. E6 11M.4 b B !M, 5, 1 0. A BY OJRINHSMPA^TWs TE STALL RSPKEIN 9IE NO MAW ql TC n+ MTE 9LN1 LR° , T+ OR 51-0T/YlE CONIPA+RS LQ.Qi A RVR•lEY£Y g3rCTJ5 A Yiffif.INR HM KµPAK� OR 8. BY OMNt AR UV, IL AW®. NIX OC94PAK N.... HBTE dl P.14141,KCROAO. LfE fFCF0.B VEY1 `•iWJ. CE LOCAT® 'y TNT IT 5 VISE i0 A 1R4}tL f1FLPCBOII Rfi {fR Y9E1I A Vd5G.E 5 PiOPF16Y PACC®dTEWICB A`0 SIWJ. EE %' NEN BY %' NDE utl. g� II I (E) ABA PARpNC SGY �.� ELEVAIKK! HANDICAPPED PARKING )T GENERAL NOTES I. N1 YUL<5 C CRY TO. d 4 F9iT10WV CF. LBL, LML. CFL, LEL, AW nE 209 T -24 LPLFO A EIE 6TAWAROS. 2. TE COMPACTOR 5R41 VFf4FY Pll C4WiT Am O4FF1610151,V n F'B AW IbnFY nE E166`EWDfS!5KA OF AW DiSCT.EFAl'M 3. wE1G5TPkS F4¢E SPILW£v5 PROJECT DESCRIPTION IEWtt REAOJF?FItf CV TO EX5T.fi5 LfFlLH AYO PB°JLE iJ FAV. SYSIEH PROJECT INFORMATION AoEA Lf YGPI. VAPO TOTAL W. AVER Yl VALFN'C AVE O AVLY. LIBRNiG LA 92612 FPPROLISECUFAM 3tE -5659 „CAL 11 NASR STO2E5. INI B.1 AV 5FRM49H LA 1@'AK T SSO 2 W:ILAL iA5?EHb W2 W. P -I i3L LMO FAW O n � a nbN{GA M- �A1 -9d66 1FNAK- . EEh�ETT f ld i 29062 EOL9Bi V.STA (QI w p EKiIU N!5A. LA tlbtt CA SCLLC 1/4'= l'-0' (914f16b %H TEAM TMLOx 9REI A-1 9661 PA4 A RD. U9bMD,LA92G06 n607aN -t6o9 IbA56 RBNLVYI HwrFn p,00v+- 6.00n 9,OOah:C�m M6 EvWy 11FCtrt.4.00pn )T GENERAL NOTES I. N1 YUL<5 C CRY TO. d 4 F9iT10WV CF. LBL, LML. CFL, LEL, AW nE 209 T -24 LPLFO A EIE 6TAWAROS. 2. TE COMPACTOR 5R41 VFf4FY Pll C4WiT Am O4FF1610151,V n F'B AW IbnFY nE E166`EWDfS!5KA OF AW DiSCT.EFAl'M 3. wE1G5TPkS F4¢E SPILW£v5 PROJECT DESCRIPTION IEWtt REAOJF?FItf CV TO EX5T.fi5 LfFlLH AYO PB°JLE iJ FAV. SYSIEH PROJECT INFORMATION AoEA Lf YGPI. 1iCO `Yl. FT. TOTAL W. AVER IjW ^q. FT. O AVLY. B OCORA4LY WC , 12 CL/ M6101 V-B STO2E5. LIEHT6Y5 FtA4 5FRM49H W 1@'AK VM FAAT W. nr 24 P -I RU-8•.15 R 4 n � a i� V f ld i Q �C 2 MAFJ60LO AVE.____ —_____ AR SNIT A9 NORTH SHEET INDEX w. DESCRPIIOx A -1 ROT RA4 A -2 ROOR RA4 AV9 MTA” EA BBLIWCAL IOIES E -2 LIEHT6Y5 FtA4 EA FR N KI !£LH4"IILK fiAV W. nr 24 P -I RU-8•.15 R 4 n � a i� V f ld i Q �C 2 PA2012 -051 for UP2012.007 zzga F Cnast Hiahwav John Bennett dba Vin Goat I 6 -]190 91 W N / KQ m> to �& Z d O n � a i� V f ld i Q �C 2 (QI w p �sA8 SCLLC 1/4'= l'-0' pA1 12 -9 -10 TEAM Fewxcr No 1073 9REI A-1 , x FIXTURE AND EQUIPMENT SCHEDULE EQUIPMENT OR FIXTURE I ELECTRICAL REM, CEiC(lPnON MAWPSCR sV NAELR ott. vm" H➢. M' T55 Ab I R i u.L IEwnr PREPARATION AREA KLWHL- MA CPPI.'ANT VW SftP CdRA':® GRAIN NB4EF�ATOR TRHL'PilILG13 K2ro10 .R4L Gt E(UALL I W/W 7s 7.4 3 24.924' II ML9a. r Ml 24 1 NEH 0 B LL Liu o A`KI PAM YoSY:ASAEYYJ6r WJ 1 230 PEN I 10 A-2, X HATERIEATER b6Al TUEPM SyY✓BN 1 12'42- A2'LCLK6t L6GKERCHYIES 1 w TO WE TOI`b 9 NEH 1 9[O^PA¢n£Yrsw f Ksely" 1 O N IUW 51`K lfJi R$W555 1 WVa' COGWCK-B -501 W. 155 /D' H% II V4' N PEGCS� AT 481/' TO TE TLP 'N 'AM D::fEKaHt 161 I ' 'TP9LE AOJM1`Y.E!'Uf.6 r6 ?6 -S'J8 1 TA WT Cf My.. PREGBT/G1.E Ab HMm 5' fs/ naD 516F M MOL9 -r A!H8!5 oR N- EOVMLL 1 U2' ppOQµ -- gp2. SpPAIR Irpll( AT W 5 /6' P ft G t0 TW Of WM 92 cASH RE6;STEA 1 TO. MY CRIC0.^f rWEM - T�s 1 Its 127 NPR'C14 D'969- Ro. l3 5 16 -H %26 5/0'% 4'N. 4- 1.W PEOEX$ DEPSN. aClft s1"G MI r PO-2310 OR EoJA'A 1 1 40. c(9) nEiro 'JBF 9ETRO ItiXX{,r N4405f>Oli F41ALL 1 ItN I D�yR.AY GKEs 55.6?.ls MVS NTI EIUF flA`6E OATW evwW JNER VANDOWSCHEME ROOK( KNISH SCHEDULE SYNEOL !' IMNT5 8 WSTOH OA9',SEt' Dr Basa N'c]o CeSrq Rus'ab Oj (pf 6q %6/O TQ9' Vat IFJ 2W MP PANEL Ual n Uet FM NI tOi rms ran rmns T ~ Ow. TOIBT PM-.t !6Y 1 IB' KLWHL- MA CPPI.'ANT VW SftP CdRA':® GRAIN V` I 7s Xgt6a Y61YORTN - W W M. A1B2. bA CIX4 W1 20 TOLL NEH 0 B LL Liu o T z Lr! V 1q PVLET TP.fJ£DIOF9E.W PEN I SNEFf N0 A-2, X 20'TU. WT P.COIULK- &'1686-` N Ib.NT AT 20'i0 iYE TGP 41 W w TO WE TOI`b 9 NEH 1 O N WVa' COGWCK-B -501 W. 155 /D' H% II V4' N PEGCS� AT 481/' TO TE TLP 'N 'AM D::fEKaHt 161 I TA WT Cf My.. PREGBT/G1.E Ab HMm U2' ppOQµ -- gp2. SpPAIR Irpll( AT W 5 /6' P ft G t0 TW Of WM 92 16Y 1 TO. MY NPR'C14 D'969- Ro. l3 5 16 -H %26 5/0'% 4'N. 4- 1.W PEOEX$ DEPSN. 59 Y.FRGR HOK 1 40. 1d11R AT 50 W' PO TW 94 GYA9 fN4 ItN I 55' MP 55.6?.ls MVS NTI EIUF flA`6E VANDOWSCHEME ROOK( KNISH SCHEDULE SYNEOL !' IMNT5 8 Roan Neme Dr Basa N'c]o CeSrq Rus'ab Oj (pf 6q %6/O TQ9' Vat Yat Ual n Uet FM NI tOi rms ran rmns n sin rHw was O 802/6%101 -t 102 umvt Vu on:vu xew ars on m [ Niwwa wm Mss wss w en n tt veea� OlW 5/O X IO /O TPP 103 104 asus[+ DOOR SCHEDULE 105 SY030L GOMMEWS 108 OI W3 /o X 6ro 6TtaEFRLhT OM2 TEY 6VY im IOR O al xoz2ro RC.wpV Oasrx RESrPba4 s:6RrsE MATERIALS / FINISHES / COLORS O9 1?Q 91o%tb HL. VCT: BY MVSTWNG 1- 877 -XRV TRONG S111E E%CELON COLOR DESERT OME PIE. TO BE SELECTED GNS: PE 5/8' SCRE'AEO G1T'SVV WALL BOARD PT. 3 cm ( PRVE MO TNO COATS) 7AICY0 PAW OF R) A'O X Tq HL. OS w 2/6 x HG. PAW SEBO GTOM COLOR TO BE SELECTED SiR� PER ( O O NET &AlITY7J.4 � ^l 104 O V D i 31 4 r, o fFS1 Fp8+A0EA IOt nW —� Ipt YfMCEN@A 11 Up p1h, °r '4 I5 ! /rJ 9E- 101 6n12hYIJ3TO182 14 368 SQ � II m WALL LEGEND t - ----1 IDW. WALL NEWWALL 6'G 14 ROVE OME MI AT ALL 6ATH o NN15 UNJtt GLO SALESES/oKTO ZONE O O2 SYMBOLS / ABRREVIATIONS 6PdAV -PGtIT 4YIE+FFFIFIt w EXTeL'oR Uww -PAUr MIEiVRBTHt 0 RiORESENT LIEMT LOF80 R AR LH4VE9 P13t IVIV O FlIbPE°f.EYT' LWR WO, ALL RE4 AT ALL HLLLS IPEP -s'OE. Ib. rsero�onns4,e QI IZ_10 -D, V` W 7s Z 3 d O 0 B LL Liu o 0.1 MR z Lr! V SfILG 1/4' =1' -0r wre 12 -9 -10 ON TEAM PND,�ECr nu 1073 SNEFf N0 A-2, X