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HomeMy WebLinkAbout2010-17 - Approving Code Amendment No. CA2010-005 to Apply the Interim Study (IS) Overlay District by Revising Districting Map Nos. 22 and 25 Applicable to Property Located at 869 West 16th Street and Approving a Study Plan to Allow Food Processing UsesORDINANCE NO. 2010 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. CA2010 -005 TO APPLY THE INTERIM STUDY (IS) OVERLAY DISTRICT BY REVISING DISTRICTING MAP NOS. 22 AND 25 APPLICABLE TO PROPERTY LOCATED AT 869 WEST 16th STREET AND APPROVING A STUDY PLAN TO ALLOW FOOD PROCESSING USES (PA 2010 -078) WHEREAS, an application was filed by the Newport Beach Wine Company and Winery, Inc. with respect to property located at 869 West 16" Street, and legally described as First Addition to Newport Mesa Tract, Lot 913, Westerly 396 feet, requesting approval of a code amendment to apply the interim study overlay district designation and approval of a Study Plan to allow Food Processing as an allowed use at the subject property in advance of the proposed Zoning Code update; and WHEREAS, as part of the General Plan Implementation Program, the City Council adopted Resolution No. 2007 -3 establishing an interim development review process to provide a mechanism for projects that are consistent with the General Plan but inconsistent with the current zoning regulations. This process requires project proponents to request approval of a Code Amendment to apply the Interim Study (IS) Overlay District zoning designation on the property. A development Study Plan is required to establish development regulations to implement the General Plan; and WHEREAS, the subject property is located within the Controlled Manufacturing (M- 1-A) Zoning District. The proposed winery is designated as "Food Processing" by Section 20.05.060 (Industrial Use Classifications) of the Zoning Code. Per Section 20.20.020 (Industrial Districts: Land Use Regulations) of the Zoning Code, Food Processing is not an allowed use in the M-1 -A District; and WHEREAS, the General Plan Land Use Element category for this property is Industrial (IG), which provides for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses; and WHEREAS, the proposed Study plan provided establishes development regulations to create Zoning Code consistency with the General Plan and is consistent with the provisions of Resolution No. 2007 -003 and Chapter 20.53 (Interim Study (IS) Overlay District) of the Newport Beach Municipal Code; and WHEREAS, this project is categorically exempt under the requirements of the California Environmental Quality Act under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), which exempts minor alterations to existing facilities. The proposed project includes a change in use and interior alterations within an existing industrial building; and WHEREAS, on August 5, 2010, the Planning Commission conducted a public hearing 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. At the conclusion of the public hearing the Planning Commission voted (6 ayes, 1 absent) to recommend City Council approval of the proposed Code Amendment by adopting Resolution No. 1817; and WHEREAS, the City Council conducted a public hearing on September 14, 2010, in the City Hall Councils Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; and WHEREAS, In accordance with City Council Resolution No. 2007 -3 establishing the Interim Study process, the following findings and facts in support of such findings are set forth: Finding: A. The proposed plan implements and is in compliance with all applicable policies of the General Plan. Facts in Support of Finding: A -1. The project site is designated as Industrial (IG) by the Land Use Element of the General Plan. The proposed project is consistent with the IG Land Use Category, which is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses. Wine production is a moderate to low intensity industrial use that is consistent with the IG General Plan Land Use Category. A -2. The proposed project is consistent with Goal LU 5.5 because the immediately adjacent properties are industrial. The use will not involve new exterior equipment or storage that would detract from the existing aesthetic of the building. A -3. The proposed project is consistent with Goal LU 6.7 because this food production use is contained within an existing building and would not noticeably change the makeup of the district. Approval of the project to allow the proposed use is consistent with Goal LU 6.7 and Policy LU 6.7.1 because it provides an opportunity for entrepreneurship for a food processing use in an established light industrial area. B. The proposed plan conforms to all applicable design guidelines, such as those included in the Mariner's Mile Design Framework, and any existing Specific Plan design guidelines. Facts in Support of Finding: B -1. There are no design guidelines for this area and the area is not subject to a Specific Plan. C. Any changes from existing zoning regulations that otherwise would apply are justified by compensating benefits of the proposed plan. Facts in Support of Finding: C -1. Changing the permitted uses to allow for "Food Processing" in this IS Overlay District is justified by the benefits of having a new small business in the City. D. The proposed development and /or use and its development and operation as proposed in the Study Plan will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project, properties or improvements in the vicinity or to the general welfare of the City. Facts in Support of Finding: D -1. The properties immediately adjacent to the subject site are being used for industrial uses. D -2. The sale of alcoholic beverages is licensed and controlled by the State Department of Alcoholic Beverage Control (ABC). The wine tasting will be accessory to the wine production use. D -3. There is adequate parking on site to support the existing uses on site and the proposed use. D -4. There will be no outside storage of equipment and the trash receptacle will have a cover, which will prevent any potential negative odor impacts; and WHEREAS, the City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Study Plan is approved as provided in Exhibit A, which is incorporated by reference herein. SECTION 2: Districting Map Nos. 22 and 25 shall be amended as provided in Exhibit B, which is incorporated by reference herein. SECTION 3: This action shall become null and void and the M- 1 -A -IS District designation for the subject property will be eliminated upon the adoption of the comprehensive Zoning Code update. SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 14th day of September 2010, and adopted on the 28th day of September 2010, by the following vote, to wit: AYES, COUNCILMEMBERS Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None MAYOR APPROVED AS TO FORM: IUD David R. Hunt, City A rney For the City of Newpo Beach CODE AMENDMENT NO. CA2010 -005 STUDY PLAN FOR 869 WEST 16TH STREET EXHIBIT - A Study Plan For Newport Beach Wine Company & Winery Inc. 869 West 16th Street Newport Beach, CA. Project Description and Justification Proposed Project Newport Beach Wine Company and Winery Inc. (NB Wine Company) has leased and proposed to use property located at 869 West 16th Street, Newport Beach, CA (Premises) to manufacture, bottle, and sell wine. The leased space is part of a large industrial building divided into eight (8) similarly sized units. The subject space is approximately 2,500 SF which includes a small office and employee area (approx. 700 SF) in the front of the building, and the remaining space to be used for wine production, barrel, tanks, case storage, and wine tasting (1800 SF) in the rear. The current space has access to five (5) unreserved vehicle parking spaces. Retail sales will be restricted to weekends only. NB Wine Company will act as a typical winery; bringing in fresh or frozen grapes for pressing or chilled or frozen grape juice, fermenting, producing, barrel fermentation, bottling, and blending wine, allowing tasting, and will sell some wine to consumers from the premises. one Making Equipment The facility will have all the necessary winemaking equipment required for the production, bottling and storage of fine wine. Delivery of Grapes and Production of Wine NB Wine Company will purchase both fresh and frozen grapes from growers in Central and Northern California. The grapes will be delivered by commercial carrier /trucking company. The grapes will be crushed and processed into juice to be stored in fermentation tanks located in the production warehouse area. The wine will be monitored and later pumped into barrels for aging. Once aged appropriately, the wine will be bottled, labeled, boxed, and stored for sale. Recycling and Waste Management The production of wine will be as "green" as possible given the size of the production facility. Grape stems, seeds, skins and other natural by- products (e.g., yeast residue and corks) will be removed and composted off site. All other production waste consisting of cardboard, paper and glass will be recycled. Office related waste will be disposed by standard trash disposal. Study Plan CA2010 -005 1 Retail Wine Sales and Tasting Wine will be available for sale to consumers on weekends only or by mail- order. No consumption of purchased wine will be permitted on the premises. Wines will be sold for off -site consumption by the bottle or case. It is anticipated that most wine will be purchased then shipped via common carrier (UPS or FedEx) to consumers and retailers. A small tasting bar comparable to Napa Valley will be available for tastings. Tastings to the trade (retailers, restaurants and distributors) will be by appointment during the week and weekends from 11:00 am to 9:30 pm. Retail tasting for consumers will be held on weekends only from 11:00 am to 9:30 pm. Retail tasting will be $10.00 and include a logo wine glass. Retail tastes will be limited to one & one half ounce (1 1/2 oz.) pours with a limit of six (6) total tastes. Wine will be poured by one & one half ounce tastes, not by the glass. Tastings will be supervised by an employee who will also provide information about each wine that is tasted. Justification The current and proposed zoning permits low to moderate intensity industrial uses. The manufacturing of wine is a compatible use as no heavy machinery, loud noises or intense fumes, waste or byproducts are produced. Wine making is similar to food production in that raw natural food /consumable products are processed and packaged for sale. Like food production, winemaking is heavily regulated and inspected as the ultimate product is for human consumption. While not specifically permitted or mentioned in the current Zoning Code, permitting production of wine will not negatively impact the general health, safety or welfare of the public and is consistent with the General Plan. As you are aware, we are a tenant in an existing Industrially Zoned building. Additionally, it will not impact the other users in the building that will continue to operate various manufacturing operations. General Plan Consistency The project site is designated as Industrial (IG) by the Land Use Element of the General Plan. The IG land use category is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses. The applicant's proposed use is a moderate to low intensity industrial -type use that would appear to be consistent with the IG General Plan Land Use Category. Zoning The current zoning for the project is M -1 -A (Controlled Manufacturing). The intent of this Study Plan is to set permitted uses and development standards for the Interim Study Overlay District. Study Plan CA2010 -005 2 Permitted Uses The current Zoning Code permits controlled low to moderate intensity industrial uses, but does not specifically permit food processing, however proposed Draft Zoning Code does permit food processing. This Interim Study Overlay District shall allow "Food Processing" as a permitted use. All other permitted uses allowed in the current Zoning Code Section 20.20.020 (Industrial Districts: Land Use Regulations) shall be permitted in this IS Overlay District. Development Standards All development standards addressed in the current Zoning Code Section 20.20.030 (Industrial Districts: Property Development Regulations) and other relevant sections of the Municipal Code shall be applicable in this IS Overlay District, unless otherwise specified below. Lot Dimensions FAR Lot Area: 10,000 square feet Lot Width: 0 feet Industrial FAR: 0.75 Setbacks Front: 15 feet Sides: 0 feet Rear: 0 feet Parking Food Processing: 1 space for each 2,000 square feet of gross floor area All other uses: pursuant to Chapter 20.66 of the Zoning Code Landscaping Per Chapter 20.36 (Landscaping Standards) of the draft Zoning Code Per Water Efficient Landscape Ordinance, Chapter 14.17 of the Municipal Code Study Plan CA2010 -005 3 CODE AMENDMENT NO. CA2010 -005 DISTRICTING MAP NOS. 22 and 25 EXHIBIT - B z 4 Q sew e R -1 Oi,Y Bau DAW V C-FI g9 pNNEN°B,abd �RM,iP. Y9. S MAP Mar %V V w GouNv ° V� M -LA PG % ,6" m M P a 1 I -A M.. 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DEL e6, 1950 MAP N0, 2 III P � SI P i Q P a ��P W " �P �x J �} �Q \�gll1` l 4 i /cAer q P8e vn 'N "Otstitc[. Av O. N0. 9 Oe..w A eVgnn cc f Raz ned Te A,"', ES999 .PSfoxs avF /RSr �A9aTPM R s ve: AKV9A.� tt M,pJ xa.2a� sctux Q, tN t�12 r 0 rturvRce 9y�s1. fpz✓ w l. I ✓ . a�'FxnNr ra a. .EO. Nzr.) .w v.�+ax In - PI�JC- tB.eFJ S EC uoo N0. SLV^4 FEZO E - gb, q3. 4$/j((OM6 9PBC F,G PROPCRne6 'M ftT<. APF E-/L, 12.g4't 90AGALE OF FEE, a zaD 400 coo eon E =a R-2, ;. --- 5 oPPORAT.o„ raP aSo R 2 T R 2 R -2 0 c rT F NEWPORT BEAC„ 9 �, R -1 R -! R -I GESF i3 4� Ordinance NO. 2004- 10- Establish ➢ 0 w- dlr a10 -foot setbaaN on Orange Avenue for a property IacAted at 3315 Clay Street o C` 7 (PA2W4 -066) C 5, a •� A a lAt' S> 4 ^1� Ordinance NO. 2000 -W5- Reclassification P, of Property located at 408409 Balsa D o e' \ Rol Avenue from RSC (SP-9) to R -2, M -I -A DA A P F w �a 111 11 SN MFR q 4 MFR :E. i>ea Eq o e� •r A� HILAR /A WAYS a H �b z MFR o m aaow (isool. 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B3'i9 ter 59/6 B J OON FEpME&1 MULTIPLE FAMILY RESIDENTIAL UNCLASSIFIED aeT v COMBINING DISTRICTS © UNCLASSIFIED aeauAbb -u / can Am .x /� D DEPTH IN FEET SHOWN THUS: -10- -�� R ^'v eRO. 90 -/ S. W [MV[a aF flVapo 9z 9MSp I'm 3.1/ -9a STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2010 -17 was duly and regularly introduced on the 14th day of September, 2010, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of September, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of September, 2010. UUn�w> 1011 City Clerk 4 City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2010 -17 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: 2010. Introduced Ordinance: September 18, 2010 Adopted Ordinance: October 2, 2010 g �, In witness whereof, I have hereunto subscribed my name this Q1 day of 0ohl bei" r l A. Im City Clerk (j City of Newport Beach, California C% �n 9���O R W