HomeMy WebLinkAboutPC2018-013 - ZONING CODE AMENDMENT TO AMEND LAND USE REGULATIONS RELATING TO ALCOHOLIC BEVERAGE MANUFACTURING WITHIN THE INDUSTRIAL ZONING DISTRICTRESOLUTION NO. PC2018-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF ZONING CODE AMENDMENT NO.
CA2017-004 TO AMEND LAND USE REGULATIONS RELATING
TO ALCOHOLIC BEVERAGE MANUFACTURING WITHIN THE
INDUSTRIAL ZONING DISTRICT (PA2017-181)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
Pursuant to Newport Beach Municipal Code ("NBMC") Subsection 20.66.020(B), the
Planning Commission initiated an NBMC amendment on October 5, 2017, to amend the
land use regulations relating to alcoholic beverage manufacturing within the Industrial
Zoning District.
2. The subject properties are designated Industrial ("IG") by the Land Use Element of the
General Plan and are located within the Industrial ("IG") Zoning District.
3. The subject properties are not located within the Coastal Zone.
4. A public hearing was held on March 22, 2018, in the Council Chambers located at 100
Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public
hearing was given in accordance with the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act ("CEQA") Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the lots affected by this amendment have an average slope of less than
twenty percent; this amendment does not change the land use density, category or zoning
district of the affected lots.
SECTION 3. FINDINGS.
1. The alcoholic beverage manufacturing industry is a new and upcoming industry that provides
new economic opportunity for small businesses.
2. The NBMC does not address alcohol consumption as an accessory use to an industrial use,
and therefore provides no regulation or allowance for alcoholic beverage manufacturing
with a tasting room.
3. Alcoholic beverage manufacturing is an appropriate use in the Industrial Zoning District
provided that it is adequately regulated.
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4, The attached code amendment provides a review process and standards to ensure that
alcoholic beverage manufacturing establishments and tasting rooms are operated with no
detriment to the surrounding community.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2017-004 as set forth in Exhibit 'A" which is attached hereto and incorporated
herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 22ND DAY OF MARCH, 2018.
AYES: Dunlap, Koetting, Kramer, Lowrey, Weigand and Zak
NOES: Kleiman
ABSTAIN: None
ABSENT: None
F -W
MIN
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EXHIBIT "A"
Zoning Code Amendment No. CA2017-004
Section 1: NBMC Subsection 20.70.020(A) (Definitions of Specialized Terms and
Phrases) is amended to add a definition to read as follows:
"Alcoholic beverage manufacturing" means establishments that produce or manufacture
alcoholic beverages of all types. Businesses under this use class may have a tasting room
and/or outdoor patio where they sell and serve alcohol produced or manufactured on the
alcoholic beverage manufacturer's licensed premises for On -Sale or Off -Sale consumption.
Section 2: Table 2-12 in NBMC Section 20.24.020 (Allowed Uses and Permit Requirements)
is amended to add a row as follows:
Alcoholic Beverage Manufacturing CUP Section 20.48.230
Section 3: Table 3-10 in NBMC Section 20.40.040 (Off -Street Parking Requirements) is
amended, in part, to add the "Alcoholic Beverage Manufacturing" row as follows:
Alcoholic Beverage Manufacturing per 500 sq. ft. or as required by conditional use
I permit
Section 4: NBMC Section 20.48.230 (Alcoholic Beverage Manufacturing) is added to
NBMC Chapter 20.48 (Standards for Specific Land Uses) to read as follows:
20.48.230 Alcoholic Beverage Manufacturing
This section establishes standards for the establishment and operation of alcoholic beverage
manufacturing and tasting rooms.
A. Tasting Room. An accessory tasting room may not exceed a total of 750 square feet. A
tasting room shall consist of the floor area where alcoholic beverages are consumed,
including any bar and seating areas, but shall not include restrooms or employee service
areas.
B. Outdoor Patio. In addition to a tasting room, an outdoor patio may be permitted by the
review authority and shall comply with the following standards:
1. Location. An outdoor patio shall be located on private property and not located in
any required parking space or access way.
2. Area. An outdoor patio area may not exceed 1,000 square feet in area.
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3. Barriers. Appropriate barriers shall be placed between outdoor patio areas and
parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to
define the areas and shall not constitute a permanent all-weather enclosure.
4. Associated Elements. Physical elements (e.g., awnings, covers, furniture,
umbrellas, etc.) that are visible from public rights-of-way shall be compatible with
one another and with the overall character and design of the principal
structure(s).
C. Hours of Operation. Hours of operation of the tasting room and/or outdoor patio area
shall be limited to between the hours of 11:00 a.m. to 11:00 p.m., daily. The review
authority may further limit hours to ensure compatibility with surrounding uses.
D. Grain Silo. A grain silo may be permitted to be located outside of the building serving as
the alcoholic beverage manufacturing use. The grain silo may not be located in any
required parking space or access way.
E. Outdoor Storage. Outdoor storage, with the exception of a grain silo, shall be screened
in accordance with the requirements in Section 20.48.140 (Outdoor Storage, Display,
and Activities), or any successor section.
F. Outdoor Equipment. Roof -mounted and ground -mounted mechanical equipment shall
be screened in accordance with Section 20.30.020 (Buffering and Screening), or any
successor section.
G. Entertainment.
No video, electronic or other similar amusement devices or games shall be
permitted.
2. The review authority may permit live entertainment and dancing.
H. Security. Management shall maintain a security recording system with a thirty (30)
calendar day retention and make those recordings available to police upon request.
Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the police upon request. The review authority may
require additional security measures.
I. Occupancy. The number of persons shall not exceed the maximum occupancy load as
determined by the Newport Beach Fire Department. Signs indicating the occupant load
shall be posted in a conspicuous place on an approved sign near the main exit from the
room.
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J. Food Service. Food preparation and/or service may be allowed as an accessory use to
an alcoholic beverage manufacturer's licensed premises. Portable food stands, street
kitchens or food trucks shall not obstruct required parking, fire lanes, or circulation.
K. Lighting. Parking lots, driveways, circulation areas, aisles, passageways, recesses and
grounds contiguous to building making up an alcoholic beverage manufacturing use
shall be provided with enough lighting to illuminate and make clearly visible the presence
of any person on or about the alcoholic beverage manufacturer's licensed premises
during the hours of darkness and shall provide a safe and secure environment for all
persons, property, and vehicles onsite.
Signs shall be posted inside the authorized alcohol service area near the exit
stating, "No alcohol allowed past this point."
2. The display of alcoholic beverages shall not be located outside of a building or
within five (5) feet of any public entrance to the building.
M. Sales.
A licensed alcoholic beverage manufacturer may sell alcoholic beverages that
are produced and bottled by, or produced and packaged for, that manufacturer
for either on-site or off-site consumption.
2. A licensed alcoholic beverage manufacturer may sell equipment and ingredients
intended for the purposes of brewing beer at home.
N. Admission. There shall be no admission fee, cover charge, nor minimum purchase
required for admission into the building or premises.
O. Training. 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 within sixty (60) calendar days of date of hire.
This training must be updated at a minimum every three (3) years regardless of
certificate expiration date. 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 sixty (60) calendar days of approval.
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.
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