HomeMy WebLinkAboutZA2013-014 Approved Orange Coast Winery MUP - 3734 E Coast HighwayRESOLUTION NO. ZA2013 -014
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2013 -003 FOR ORANGE COAST WINERY, A RETAIL
STORE SPECIALIZING IN WINE SALES AND ACCESSORY ON-
SITE TASTING LOCATED AT 3734 EAST COAST HIGHWAY
(PA2013 -016)
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 LSArchitects on behalf of Douglas Wiens of Wiens
Family Cellars, with respect to property located at 3734 East Coast Highway, and legally
described as Lot 4, Block `W', of Tract 323 requesting approval of a minor use permit.
2. The applicant proposes to improve 1,440 square feet of commercial space to establish a
retail store specializing in homegrown wine and wine - related products (Alcohol Sales
(Off - Sale). Also proposed is an accessory, on -site tasting area totaling 170 square feet
with eight seats. Sale and on -site consumption of alcohol will be regulated by a Type 02
(Winegrowers) Alcoholic Beverage Control License. Late hours (after 11:00 p.m.) are not
proposed as part of the applicant's request.
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 March 14, 2013 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 Zoning
Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
Section 15301 of the California Environmental Quality Act under Class 1 (Existing
Facilities) of the Implementing Guidelines of the California Environmental Quality Act.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves interior alterations to
improve an existing commercial space to a retail store with an accessory, on -site
tasting area.
Zoning Administrator Resolution No. ZA2013 -014
Paqe 2 of 10
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.
The proposed retail store is located within Reporting District 44, wherein the
number of crimes is higher than adjacent Reporting Districts and the City. RD 43
and 45 have a lower number of crimes as they are primarily residential with few
commercial uses. Due to the high concentration of commercial land uses along
East Coast Highway, the crime rate and shoplifting rate is 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.
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 calls for service and
number of arrests are greater than adjacent residential Reporting Districts. The
Police Department does not consider the rate high because of the concentration of
restaurants and commercial uses along East Coast Highway. The Newport Beach
Police Department has not previously reported any calls for service to the subject
property since the proposed use is part of a newly renovated commercial space.
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 commercial building is directly adjacent to a residential district, the
building is oriented towards and accessed from an entrance on East Coast Highway.
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2013 -014
Paqe 3 of 10
Additionally, rear alley access to the commercial units is a level below the alley
elevation. The orientation and grade differential provide screening and protection
from view and potential noise generated by the establishment.
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 comparable establishments on East Coast Highway (Vin Goat, Del
Mar Wine and Spirits, and The Wine Gallery); however, they are not in close
proximity to the proposed retail store. Del Mar Wine and Spirits is approximately
650 feet west of the proposed retail store and operates with a Type 21 (Off -Sale
General) Alcoholic Beverage Control License. Vin Goat is approximately 1,200 feet
west of the proposed retail store and operates with Types 20 (Off -Sale Beer and
Wine) and 42 (On -Sale Beer and Wine) Alcoholic Beverage Control Licenses.
2. Other establishments selling alcoholic beverages for on -site consumption are
located along East Coast Highway; however, these establishments operate as
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.
3. 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.
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
The proposed project is a retail store specializing in homegrown wine (Alcohol
Sales (Off - sale)) and accessory wine tasting to be located within an existing,
commercial building fronting East Coast Highway.
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2013 -014
Paqe 4 of 10
2. The General Plan land use designation for this site is CC (Corridor Commercial),
which 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.
3. The proposed retail store is consistent with the General Plan Corridor Commercial
(CC) land use designation, as it will not only serve the residents within the area,
but will also serve visitors and commuters traveling on East Coast Highway. The
proposed floor plan is designed such that there is a large window display to draw
pedestrian traffic.
4. 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 Commercial Corridor (CC) Zoning District of the
Newport Beach Zoning Code. The intent of this district is to provide for areas
appropriate to a range of neighborhood - serving retail and service uses along
street frontages that are located and designed to foster pedestrian activity. The
proposed retail store and on -site, accessory tasting area are consistent with the
land uses permitted within this zoning district as it will serve the adjacent
neighborhoods.
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 mixed -use development is considered nonconforming due to
parking and use. Pursuant to Zoning Code Section 20.38.060 (Nonconforming
Parking), a nonconforming use in a nonresidential zoning district may be
changed to a new use allowed in that zoning district without providing additional
parking, provided no intensification or enlargement (e.g., increase in floor area,
or lot area) occurs and the new use requires a parking rate of no more than one
space per 250 square feet of gross building area.
5. The currently vacant commercial space has been subject to a parking
requirement of one parking space per 250 square feet of gross floor area. The
proposed retail store will have an equal requirement to that of the previous use
in compliance with Zoning Code Section 20.38.060.
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2013 -014
Page 5 of 10
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
commercial space within a nonconforming mixed -use development 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 a common use in commercial
buildings along East Coast Highway in Corona del Mar.
2. The hours of operation for the retail store and related accessory tasting have
been limited by the conditions of approval such that they will not extend beyond
10:00 P.M.
3. The proposed establishment will be located within an existing nonconforming
mixed -use building in a nonresidential zoning district. Although it is located
adjacent to a residential district (within approximately 25 feet), it is not facing
the residential properties and is a level below the alley elevation. The
orientation and grade differential provide 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.
Facts in Support of Finding
1. The building has existed since the 1940s. The improvement of an existing
commercial space 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.
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2013 -014
Page 6 of 10
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
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 residents and
visitors 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:
The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2013 -003, 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 14TH DAY OF MARCH, 2013.
Zoning Administrator Resolution No. ZA2013 -014
Page 7 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division Conditions
1. The development shall be in substantial conformance with the approved site plan, floor
plan(s) and building elevations 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. UP2013 -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 standards, 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.
11. The Alcoholic Beverage Control (ABC) License shall be limited to a Type 02
(Winegrower), Type 20 (Off -Sale Beer and Wine), or comparable license. Any
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2013 -014
Paqe 8 of 10
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 170 square feet and eight 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. Use of the outdoor courtyard area for consumption of products sold within the retail store
is not permitted.
14. The hours of operation for the retail store and related, accessory wine tasting are limited
from 7:00 a.m. to 10:00 p.m., daily.
15. 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.
16. 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.
17. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to this Use Permit.
18. 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.
19. 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 Orange Coast Winery MUP including, but not limited to
Minor Use Permit No. UP2013 -003 (PA2013 -016) and the determination that the project
is exempt under the requirements of the California Environmental Quality Act. 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.
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2013 -014
Pace 9 of 10
Building Division and Fire Department Conditions
20. 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 California Building Code. The facility shall be designed to meet exiting and
fire protection requirements as specified by the California Building Code and shall be
subject to review and approval by the Building Division.
21. The construction plans must meet all applicable State Disabilities Access requirements.
22. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
23. The rear doors of the facility shall remain closed at all times. The use of the rear door
shall be limited to deliveries and employee use only. Ingress and egress by patrons is
prohibited unless there is an emergency.
24. All exits shall remain free of obstructions and available for ingress and egress at all
times.
Revenue Department Conditions
25. A valid business license from the City of Newport Beach with a sellers permit shall be
required prior to start of business. Any contractors /subcontractors doing work at the
subject site shall be required to obtain a valid business license from the City of Newport
Beach prior to the commencement of any work on the subject site.
Police Department Conditions
26. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed.
27. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
28. No games or contests requiring or involving the consumption of alcoholic beverages shall
be permitted.
29. 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.
30. 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
Tmplt: 05/1612012
Zoning Administrator Resolution No. ZA2013 -014
Paqe 10 of 10
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.
31. 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, 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