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HomeMy WebLinkAbout1718 - APPROVE UP_2411 E. COAST HWYRESOLUTION NO. 1718 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -038 ALLOWING EXPANSION OF AN EXISTING RETAIL WINE STORE AND EXPANSION OF OPERATING HOURS FOR PROPERTY LOCATED AT 2411 E. COAST HIGHWAY (PA2006 -271) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by S & O Wine Merchants, with respect to property located at 2411 E. Coast Highway, and legally described as Lot 2 of Block B, of Tract No. 740, requesting approval to expand an existing and permitted retail wine store that includes on -site wine tasting as an accessory use. Additionally, the applicant requests to extend the hours of operation for the store and tasting events from 9:00 p.m. to 10:00 p.m. on Fridays and Saturdays; and WHEREAS, a public hearing was held on March 22, 2007, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, the project site is designed for Corridor Commercial (CC) uses by the Land Use Element of the General Plan. This designation is intended to provide for a range of neighborhood- serving retail and service uses along the street frontages and designed to foster pedestrian activity. The proposed expansion of an existing retail wine store is consistent with this designation; and WHEREAS, the project site is located in the Retail, Service & Commercial (RSC) zoning district, which is intended to provide for uses which are predominantly retail in character. The wine store is a permitted use in this district; and WHEREAS, a Use Permit for the expansion of an existing alcoholic beverage outlet has been determined to be consistent with the purpose and intent of Chapter 20.89 (Alcoholic Beverage Outlets) of the Municipal Code for the following reasons: 1. The accessory tasting of wine is minor in nature when compared to the retail sales operation, and is also limited to small samplings of wines (2 ounces or less). The wine tasting operation is designed to allow a customer to taste the wine before purchase and to promote wine appreciation and education. Wine tasting and wine education are often conducted in conjunction with shops specializing in the selling of premium wines. The public convenience is served by promoting responsible alcohol consumption and education. 2. The project site is located within Reporting District (RD) No. 44, wherein the number of crimes is higher than the adjacent RD 43 and lower than the adjacent RD 39. The higher number of crimes reported is due to the high concentration of commercial land uses in the Corona del Mar commercial area. City of Newport Beach Planning Commission Resolution No. _ Paoe 2 of 7 3. The project does not require an additional license and, therefore, will not result in an increase in the number of licenses in the area. 4. Due to the high concentration of commercial land uses, including eating and drinking establishments, calls for service and the number of arrests is greater than adjacent residential Reporting Districts. However, since the applicant is only permitted to pour small samplings of wine and the greatest bulk of the sales in the project are for off - premise consumption, the project is not likely to contribute to alcohol related problems within the area. 5. Residential uses are located directly southwest of the project site, across the alley at the rear of the parking lot; however, the retail wine store has operated at this location since 1999, and since 2002 with accessory wine tasting and special events, and has not proven detrimental to date. WHEREAS, a Use Permit for the expansion of an existing alcoholic beverage outlet has been prepared and approved in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: a. The project is located in the Retail, Service and Commercial (RSC) zoning district, which is primarily intended to provide for retail uses in character. b. The retail wine store is a permitted use in this designation, with the exception that a Use Permit is required for the expansion of an off -sale alcoholic beverage outlet. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: a. The proposed retail wine sales use, pursuant to the conditions under which it will be operated and maintained, is consistent with the Corridor Commercial (CC) land use designation of the General Plan Land Use Element, which provides for a range of neighborhood- serving retail and service uses. City of Newport Beach Planning Commission Resolution No. Paae 3 of 7 b. The proposed extension of the store's hours of operation, including accessory tasting and special events, by 1 hour to 10:00 p.m. on Fridays and Saturdays only will not significantly change the operational characteristics of the use. c. The Police Department has reviewed the application and did not object to the proposed changes since the principal use of the project will continue to remain a retail wine store with wine tasting as an accessory use only. d. Limiting wine tasting to the street level, and limiting the basement use to storage only, the Building Department and Fire Department find and recommend that this application comply with all exiting requirements. e. The project is located within an established commercial area along Coast Highway in Corona del Mar. Although residential uses are located adjacent to the project, across the alley to the south, the existing use has not proven detrimental to the community to date and the nature of the use will not be changed. f. The accessory tasting of wine is minor in nature when compared to the retail sales operation, and is not likely to result in alcohol related problems. The applicant is only permitted to pour small samplings of wine (2 ounces or less) per the conditions of their ABC license, and the bulk of the sales in the store are for off - premise consumption. g. A condition of approval, consistent with the ABC license condition, limiting the size of a pour for wine tasting to 2 ounces or less has been placed on the project to ensure the use does not operate as a bar. h. Special events will continue to be limited to no more than 2 times per week and limited to a maximum of 15 patrons. i. The project will continue to be conditioned to require the applicant to take all necessary steps to assure that noise from the business operation does not affect nearby residents and to limit deliveries to daytime hours, and live entertainment is prohibited. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: a. The project has been conditioned to comply with the development and operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage City of Newport Beach Planning Commission Resolution No. _ Page 4 of 7 Outlets) of the Municipal Code, as they relate to the operation of the proposed project. b. The project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. WHEREAS, the applicant's request to expand the use of the basement for tasting activities and events without the provisions of a second exit has been denied due to safety considerations. Since providing a code - compliant second exit to the basement is physically not feasible, the project has been conditioned to limit the use of the basement for storage of wine product only, and not to be used for retail wine sales or to accommodate wine tasting; and WHEREAS, the project has been reviewed, and it has been determined that it is categorically exempt pursuant to Section 15301 (Existing Facilities) of the Guidelines for Implementation of the California Environmental Quality Act. While the proposal involves a small increase in the retail space, the changes are not significant over what existed previously and involve alterations contained entirely within the interior of the existing building; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves of Use Permit No. 2006 -038, subject to the Conditions set forth in Exhibit "A." Section 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 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 22nd DAY OF MARCH 2007. AYES: Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren EXCUSED: Eaton City of Newport Beach Planning Commission Resolution No. _ Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2006 -038 PROJECT SPECIFIC CONDITIONS 1. The development shall be built and operated in substantial conformance with the approved plot plan and floor plans, stamped and dated March 22, 2007, except as modified by the conditions set forth herein. 2. Use Permit No. 2006 -038 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. Separate male and female restrooms shall be provided within the retail space of the project, and shall be reviewed and approved by the Building Department 4. As required by the California State Department of Alcoholic Beverage Control (ABC), fixed railings, stanchions, or similar type devices shall be maintained which will physically separate the wine tasting area from the remainder of the premises. Wine tasting shall be limited to wine only; the tasting of hard spirits is prohibited. Consistent with the applicant's ABC license condition, individual servings of wine shall not exceed two ounces per glass or container. 5. The wine tasting area on the street (main) level shall not exceed 233 square feet in area, and shall be the only area where such tasting is permitted. 6. The basement area shall be utilized for storage only, and retail and /or public access, including wine sales and wine tasting, shall be prohibited. 7. A special events permit is required for any wine tasting event or promotional activity outside the normal operational characteristics of this retail business that would increase the expected occupancy beyond 15 patrons and two employees at any one time or any other activities as specified in the Newport Beach Municipal Code to require such special events permit. However, any such special events permit shall be subject to Condition No. 6. 8. Hours of operation shall be from 11:00 a.m. to 9:00 p.m., Sunday through Thursday, and from 11:00 a.m. to 10:00 p.m. on Friday and Saturday. Wine tasting and wine education events may be conducted only after 6:00 p.m., seven days a week, and shall not be conducted more than two times per week. 9. The applicant shall take all appropriate steps to assure that noise from the business operation does not adversely affect nearby residents. Delivery of stock shall be limited to between the hours of 8:00 a.m. to 6:00 p.m., Monday through Saturday. City of Newport Beach Planning Commission Resolution No. Page 6 of 7 10. Loitering, open container, and other signs shall be posted as required by the ABC. 11. The business for which this Use Permit is granted shall be defined as a retail establishment for the sale of alcoholic beverages for off -site consumption as the primary and principal use of the project site. On -site consumption of wine shall be limited to wine tasting of two ounces or less and shall be accessory and subordinate to the principal retail use. The tasting of wine shall not be permitted as a primary use and shall be done only in conjunction with and accessory to the sale of wine for off -site consumption. The gross receipts for the wine tasting shall not exceed 10% of the total gross receipts of the business. The applicant or operator shall maintain adequate records as necessary to determine compliance with this condition and shall provide the City with said records when requested. 12. Any change in operational characteristics, hours of operation, expansion in area, including expansion of the wine tasting area or operational characteristics, or other modification to the floor plan, shall require amendment to this Use Permit or the processing of a new Use Permit. STANDARD CONDITIONS 13. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the Uniform Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be approved by the Building Department, and approval from the Orange County Health Department is required prior to permit issuance. 14. Approval does not permit the premises to be operated as an eating and drinking establishment, restaurant, bar, tavern, cocktail lounge or night club as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 15. No live entertainment or dancing shall be permitted. 16. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body which the State may designate. The establishment shall comply with the requirements of this condition within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 17. Should the business subject to the Use Permit conditioned herein be sold or otherwise come under different ownership or a change in operators, any future City of Newport Beach Planning Commission Resolution No. _ Pape 7 of 7 owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 18. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in 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. 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 permit. 20. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 21. 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.