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HomeMy WebLinkAboutZA2018-053 - MINOR USE PERMIT TO ESTABLISH A 272-SQUARE-FOOT RETAIL STORE SPECIALIZING IN WINE SALES AND ACCESSORY ON-SITE TASTING - 201 SHIPYARD WAY, SUITE 3RESOLUTION NO. ZA2018-053 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2018-003 TO ESTABLISH A 272-SQAURE-FOOT RETAIL STORE SPECIALIZING IN WINE SALES AND ACCESSORY ON- SITE TASTING AT 201 SHIPYARD WAY, SUITE 3 (PA2018-038). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by JR Walz of Walz Architecture, with respect to property located at 201 Shipyard Way, Suite 3; and legally described as Portions of Sections 28 and 33 of Record of Survey No. 11-34 requesting approval of a minor use permit. 2. The applicant proposes to improve 272 square feet of commercial office space to establish a retail store specializing in Howell Mountain Vineyard Wine (Alcohol Sales, Off-Sale). Also proposed is an accessory, on-site tasting area totaling 92 square feet with nine seats. Sale and on-site consumption of alcohol will be regulated by a Type 02 (Winegrowers) Alcoholic Beverage Control License. No late hours (after 11:00 p.m.) are proposed. 3. The subject property is designated Recreational and Marine Commercial (CM) by the General Plan Land Use Element and is located within the Lido Peninsula -Amendment 413 Planned Community (PC-6) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Recreational and Marine Commercial (CM-B) and it is located within the Lido Peninsula Planned Community – Amendment 413 Planned Community (PC-6) Coastal Zoning District. 5. The project does not meet the definition of “development” pursuant to NBMC Section 21.70.020 because the project would not result in any improvement to the structure that results in changes in floor area, parking demand, or change the general level of activity within the The Rhine. Therefore, the project is not subject to the permit requirements of the certified Local Coastal Program. 6. A public hearing was held on April 26, 2018 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Zoning Administrator Resolution No. ZA2018-053 Page 2 of 11 04-03-18 Guidelines, California Code of Regulations, Title 14, Chapter 3, because this is the conversion of an existing office space to a similar use with no or minor modification to the exterior of the structure. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical conc ern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Alcohol Sales (Off-Sale) 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 use permit are set forth: 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 In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The proposed retail store is located within Reporting District 15, wherein the number of crimes is higher than adjacent Reporting Districts and the City. RD 13, 16, and 25 have a lower number of crimes as they are primarily residential with few er commercial uses. Due to the high concentration of commercial land uses , restaurants and bars in the popular tourist area between 37th Street and 20th Street on the Balboa Peninsula, the crime rate is greater than adjacent residential Reporting Districts. The retail store is separated from most of the commercial uses as it is located on the Lido Peninsula within The Rhine, which is a marine-related office node that includes a restaurant and offices. Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the call s for service and number of arrests are greater than adjacent residential Reporting Districts. The Zoning Administrator Resolution No. ZA2018-053 Page 3 of 11 04-03-18 Police Department does not consider the rate high because of the concentration of restaurants and commercial uses in this Reporting District on the Balboa Peninsula. The Lido Peninsula is significantly separated from the Balboa Peninsula by waterways, diminishing the impact of the concentration of alcohol uses. The Newport Beach Police Department has not previously reported any calls for service related to alcohol for the subject property. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. Although the property is adjacent to a multi-family development, the suite itself is located in a building located approximately 50 feet away and separated by a parking lot. The suite is also oriented towards and accessed from the opposite side of the building towards the public walkway for The Rhine. The orientation provides screening and protection from view and potential noise disturbances. 2. The proposed use is not located in close proximity to day care centers, park and recreation facilities, places of religious assembly, and schools. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. There are three full-service restaurant establishments on the Lido Peninsula (Sabatino’s, Buddha’s Favorite, and the Blue Water Grille). Sabatino’s is closest in proximity to the proposed retail store, with a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage Control License. Buddha’s Favorite and Blue Water Grille are approximately 600 feet north of the proposed retail store with Type 47 (On-Sale General for Bona Fide Public Eating Place) Alcoholic Beverage Control Licenses. These establishments operate as full-service restaurants and are not comparable to the proposed retail store. Appropriate conditions of approval have been included to prevent the retail store from operating as an eating and drinking establishment, bar or lounge, etc. 2. The Police Department has reviewed the subject application and does not foresee an issue with the proposed location. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. This is a new retail store; therefore, no objectionable conditions exist. Zoning Administrator Resolution No. ZA2018-053 Page 4 of 11 04-03-18 Minor Use Permit In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The proposed project is a retail store specializing in wine (Alcohol Sales, Off-sale) and accessory wine tasting to be located within an existing, office building on the Lido Peninsula. 2. The General Plan land use designation for this site is CM (Recreational Marine Commercial), which is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor-serving and recreational uses. 3. The proposed retail store is consistent with the General Plan CM land use designation, as it will serve and support the marine and coastal uses providing a service to visitors and residents that frequent the area to enjoy the marine ambiance. 4. The proposed project will not interfere or otherwise impact existing coastal- dependent uses in the vicinit y. 5. The subject property is not part of a specific plan area. Finding B. 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 site is located within the PC-6 Zoning District. Pursuant to Director’s Determination DD2017-003, the zone is intended to provide uses consistent with the CM General Plan land use designation and the existing uses within the neighborhood. The proposed retail store and on-site, accessory tasting area are consistent with the intended land uses of the CM General Plan land use designation as well as the existing uses in the surrounding neighborhood. Zoning Administrator Resolution No. ZA2018-053 Page 5 of 11 04-03-18 2. The proposed use complies with Zoning Code Section 20.48.030 (Alcohol Sales) relating to required operating standards, and conditions of approval are included in this approval to maintain those requirements. 4. The existing on-site shared parking lot provides 193 parking spaces for all of the uses. The Code-required parking ratio for the proposed retail store is one space per 250 square feet of gross floor building area . This is the same parking ratio required of the previous office use that occupied the suite; therefore, there is no intensification of use and no additional parking is required. Finding C. 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. The proposed project involves interior alterations to improve an existing office space to a retail store with an on-site, accessory tasting area. The operational characteristics of the use are that of a retail store, which is compatible with the uses on the Lido Peninsula which currently include retail, general offices for various businesses such as an architect and appraiser, restaurants, barber and art studio. 2. The retail store and related accessory tasting have been limited by the conditions of approval to prevent late hour operations and are restricted to the hours of between 7 a.m. and 10 p.m., daily. 3. The proposed establishment will be located within an existing office building. Although, the subject property is technically adjacent to a multi-unit residential property, the subject suite is located on the opposite side of the residential uses and faces the interior public walkway for The Rhine. Additionally, there is a parking lot between the existing office building and the residential units. This orientation provides screening and protection from view and potential noise generated by the establishment. The applicant is also required to control trash and litter around the subject property. 4. The applicant is required to obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. Finding D. 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. Zoning Administrator Resolution No. ZA2018-053 Page 6 of 11 04-03-18 Facts in Support of Finding 1. The building has existed since the 19 70s. The improvement of an existing office space for retail use will not negatively affect emergency access. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on-site and are accessed by way of the alley directly behind the site. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding E. 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 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 this approval includes conditions to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the retail store. 2 The restrictions on the hours and wine tasting operation will help prevent adverse pedestrian and traffic impacts for the surrounding residential and commercial uses. 3. The proposed retail store and on-site, accessory tasting area will help revitalize the project site and provide an economic opportunity for the property owner to update the tenant space and provide additional services to the visitors and residents in the surrounding area. 4. All owners, managers, and employees selling or serving wine will be required to complete a Responsible Beverage Service certification program. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2018-003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2018-053 Page 7 of 11 04-03-18 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code . PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF APRIL, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-053 Page 8 of 11 04-03-18 EXHIBIT “A” CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan and floor plan(s) 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 if determined 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, expansion in area, or other modification to the approved plans, may require an amendment to this minor use permit or the processing of a new use permit. 4. Minor Use Permit No. UP2018-003 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 this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 6. The project is subject to all applicable City ordinances, policies, and stand ards, unless specifically waived or modified by the conditions of approval. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 8. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, nightclub, or eating and drinking establishment as defined by the Newport Beach Municipal Code. 9. There shall be no dancing and/or live entertainment allowed on the premises. 10. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. Zoning Administrator Resolution No. ZA2018-053 Page 9 of 11 04-03-18 11. The Alcoholic Beverage Control (ABC) License shall be limited to a Type 02 (Winegrower), or comparable license. Any substantial change in the ABC License type shall require subsequent review and potential amendment to this minor use permit. 12. The tasting area shall be limited to 92 square feet and nine seats within the designated area. No tastings shall be conducted outside of the designated area. Tastings are limited to those allowed under a Type 02 (Winegrower) Alcoholic Beverage Control License only. Pours shall be limited to two ounces each. 13. The hours of operation for the retail store and related, accessory wine tasting are limited from 7 a.m. to 10 p.m., daily. 14. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 15. 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. 16. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 8 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 17. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 18. 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 Howell Mountain Vineyard Company, LLC Minor Use Permit including, but not limited to, Minor Use Permit No. UP2018-003 (PA2018-038). 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. Building Division Conditions 19. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Zoning Administrator Resolution No. ZA2018-053 Page 10 of 11 04-03-18 20. The retail store must provide plumbing fixtures per section 422.0 California Plumbing Code (CPC) for a maximum travel distance of 300 feet to centrally located toilet facilities accessible to several stores. 21. The building permit plans shall provide energy documentation for lighting and must demonstrate compliance with section 11B-202.4 California Building Code. Police Department Conditions 22. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the use permit. 23. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 24. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 25. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 26. 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. 27. All owners, managers, and employees selling 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 retail store 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. 28. Strict adherence to maximum occupancy limit is required. 29. The applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. 30. The operator of the facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Zoning Administrator Resolution No. ZA2018-053 Page 11 of 11 04-03-18 31. A Special Event Permit is required for any event or promotional activity outside t he normal operational characteristics of the approved use, as conditioned, or 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.