HomeMy WebLinkAbout08_Howell Mountain Vineyard LLC Minor Use Permit_PA2018-038CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 26, 2018
°+<,FOR Agenda Item No. 8
SUBJECT: Howell Mountain Vineyard, LLC (PA2018-038)
• Minor Use Permit No. UP2018-003
SITE LOCATION: 201 Shipyard Way, Suite 3
APPLICANT: Walz Architecture
OWNER: Lido Peninsula Company, LLC
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
LAND USE AND ZONING
• General Plan: CM (Recreational and Marine Commercial)
• Zoning District: PC -6 (Lido Peninsula Planned Community)
• Coastal Land Use Category: CM -B (Recreational and Marine Commercial)
• Coastal Zoning District: PC -6
PROJECT SUMMARY
A minor use permit to establish a 272 -square -foot retail store specializing in wine (Alcohol
Sales, Off -Sale). Also included in the request is an accessory 92 -square -foot wine tasting
area with 9 seats. No late hours (after 11:00 p.m.) are proposed as part of this application.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project 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 Guidelines, because it has no potential to have a significant
effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2018-003 (Attachment No. ZA 1).
• The subject property is on the Lido Peninsula and is within an existing
commercial/office node called The Rhine. The Rhine includes four office buildings,
a restaurant, boat storage, docks and marine support services with a large shared
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Zoning Administrator, April 26, 2018
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parking lot. Additionally, on the Lido Peninsula there are two restaurants and a
multi -family residential neighborhood. The existing office suite is within one of the
office buildings in The Rhine and has been in existence since the early 1970s
within the Lido Peninsula Planned Community (PC -6).
• Director's Determination No. DD2017-003 was approved on December 20, 2017,
finding that a retail wine shop (Alcohol Sales, Off -Sale) with accessory wine tasting
is an allowed use subject to the approval of a minor use permit in the PC -6 Zoning
District. The Director's Determination is provided as Attachment No. ZA 4 for
reference.
• The Coastal Zoning District is PC6 and the Coastal Land Use District is CM -B.
Pursuant to LCP Section 21.26.065.A.1(a), land uses allowed within the CM
Coastal Zoning District are allowed within the PC6 Coastal Zoning District. Retail
uses are an allowed use within the CM Coastal Zoning District.
• 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 Rhine. Therefore, the project is exempt from a
coastal development permit.
• The proposed retail store will occupy an existing 272 -square -foot office space,
which will be improved to have a small, 92 -square -foot area devoted to tasting.
The use will primarily operate as a retail store with the accessory tasting
component to allow for on-site consumption of wine products sold in the store.
• The existing shared parking lot provides 193 parking spaces for all of the uses. An
amendment to Use Permit No. UP3266 in 1993 authorizing the expansion of an
existing restaurant within The Rhine documented that the parking lot
accommodated all Code -required parking for the expanded restaurant, the various
offices (including the subject property), marine -related services, and a surplus of
45 parking spaces.
• 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.
• All on-site consumption of wine products will be regulated by the Type 02
(Winegrowers) Alcoholic Beverage Control (ABC) license as well as the conditions
of approval. Pursuant to the Type 02 ABC License, pours are limited to the wines
produced by the winegrower and limited to two (2) ounces.
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• The hours of operation for the retail store and related, accessory wine tasting are
limited from 7 a.m. to 10 p.m., daily.
• The Police Department has reviewed the application for the proposed retail sales
and accessory, on-site tasting and does not foresee an issue with the operation.
ENVIRONMENTAL REVIEW
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 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.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
Melinda Whelan
Assistant Planner
JM/msw
Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
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Draft Resolution
Vicinity Map
Project Plans
Director's Determination No. DD2017-003
Police Department Memorandum and Stats
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Zoning Administrator, April 26, 2018
Page 4
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2018-###
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.
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 exempt from a coastal development
permit.
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
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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 concern,
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 fewer
commercial uses. Due to the high concentration of commercial land uses,
restaurants and bars in the popular tourist area between 37"' 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 calls for service and
number of arrests are greater than adjacent residential Reporting Districts. The
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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.
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Minor Use Permit
In accordance with Section 20.52.020.E (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 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.
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.
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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
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.
Facts in Support of Finding
1. The building has existed since the 1970s. The improvement of an existing office
space for retail use will not negatively affect emergency access.
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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
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:
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.
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.
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PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF APRIL, 2018.
Patrick J. Alford, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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 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.
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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,
attomeys' 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.
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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 11 B-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.
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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.
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Attachment No. ZA 2
Vicinity Map
1(
Minor Use Permit No. UP2018-003
PA2018-038
201 Shipyard Way, Suite 3
Attachment No. ZA 3
Project Plans
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GENERAL SITE NOTES:
1. EMPLOY NEWPORT BEACH STANDARD EROSION CONTROL MEASURES
THROUGHOUT THE CONSTRUCTION PROCESS. rL�
2. A PUBLIC WORKS DEPARTMENT ENCROACHMENT PERMIT INSPECTIONS IS
REQUIRED BEFORE THE BUILDING DEPARTMENT PERMIT FINAL CAN BE
ISSUED. AT THE TIME OF PUBLIC WORKS DEPARTMENT INSPECTION, IF ANY
OF THE EXISTING PUBLIC IMPROVEMENTS SURROUNDING THE SITE IS
DAMAGED BY THE PRIVATE WORK, NEW CONCRETE SIDEWALK, CURB AND
GUTTER, ALLEY/STREET PAVEMENT, AND OTHER PUBLIC IMPROVEMENTS
WILL BE REQUIRED AND 100% PAID BY THE OWNER. SAID DETERMINATION
AND THE EXTENT OF THE REPAIR WORK SHALL BE MADE AT THE
DISCRETION OF THE PUBLIC WORKS INSPECTOR.
3. PROVIDE APPROVED BACKWATER DRAINAGE VALVE FOR FIXTURES LOCATED
BELOW THE ELEVATION OF NEXT UPSTREAM MANHOLE COVER. FIXTURES
ABOVE THIS ELEVATION SHALL NOT DISCHARGE THROUGH VALVE.
4. AN ENCROACHMENT AGREEMENT IS REQUIRED FOR ALL NON-STANDARD
PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY. ALL
NON-STANDARD IMPROVEMENTS SHALL COMPLY WITH CITY COUNCIL
POLICY L-6 AND L-18
5. ALL REQUIRED SETBACK DIMENSIONS ARE FROM FACE OF FINISH
6. ALL WORK RELATED TO WATER IN THE PUBLIC RIGHT-OF-WAY SHALL BE
PERFORMED BY A C-34 LICENSED PIPELINE CONTRACTOR OR AN 'A'
LICENSED GENERAL ENGINEERING CONTRACTOR.
7. ALL WORK RELATED TO WASTEWATER IN THE PUBLIC RIGHT-OF-WAY SHALL
BE PERFORMED BY A C-42 LICENSED SANITATION SEWER CONTRACTOR OR
AN W LICENSED GENERAL ENGINEERING CONTRACTOR
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SITE PLAN
DRAWING SYMBOLS
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PROPERTY LINE
HIDDEN/CONCEALED LINE
ELEVATION CONTROL
WORK POINT
SPOT ELEVATION
DIMENSIONS
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ABBREVIATIONS
272 SF COMMERCIAL INTERIOR TENANT
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PV
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above
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Required
AFF
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ASSESSORS PARCEL#:-
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Cubic Feet per Minute
Unless Noted Otherwise
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HOWELL MOUNTAIN VINEYARD COMPANY, LLC
PROJECT DATA LIST OF DRAWINGS
PROJECT ADDRESS:
201 SHIPYARD WAY, SUITE 3
ARCHITECTURAL
LEGAL DESCRIPTION:
APN: 047 010 09
A_0.1 SITE PLAN / PROJECT INFO
PROJECT DESCRIPTION:
272 SF COMMERCIAL INTERIOR TENANT
A_1.0-1 FLOOR PLANS AND INTERIOR ELEVATIONS
DATE
IMPROVEMENTS FOR A RETAIL WINE STORE
A_2.0-1 EXTERIOR ELEVATIONS
o
WITH AND ACCESSORY TASTING AREA
OCCUPANCY:
GROUP M
ROOF AND SITE
USE:
GENERAL RETAIL
ZONING DISTRICT:
PC6 LIDO PENINSULA - AMENDMENT 413
JR WALZ
GENERAL PLAN LAND USE:
CM RECREATIONAL AND MARINE
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COMMERCIAL
CONSTRUCTION:
TYPE V -B
NUMBER OF STORIES:
1
PARKING RATIO:
1 PER 250 SF (NO CHANGE)
%�N
SCOPE OF WORK AREA CALCS:
TOTAL AREA: 272 INTERIOR AREA
-RETAIL AREA: 180 SF
-ACCESSORY TASTING AREA: 92 SF
-NUMBER OF SEATS: 9
CONTACTS
OWNER: CURCI COMPANIES C/O ANN MCCARTHY
717 LIDO PARK DR., NEWPORT BEACH, 92663
949.200.1324
TENANT: HOWELL MOUNTAIN VINEYARD COMPANY LLC
C/O ANTHONY CURCI
2216 W. HYDE AVENUE, VISALIA, CA 93291
949.379.7205
CITY OF NEWPORT BEACH NOTES
1. ISSUANCE OF A BUILDING PERMIT BY THE CITY OF NEWPORT BEACH
DOES NOT RELIEVE APPLICANTS OF THE LEGAL REQUIREMENTS TO
OBSERVE COVENANTS, CONDITIONS AND RESTRICTIONS WHICH MAY BE
RECORDED AGAINST THE PROPERTY OR TO OBTAIN PLANS. YOU
SHOULD CONTACT YOUR COMMUNITY ASSOCIATIONS PRIOR TO
COMMENCEMENT OF ANY CONSTRUCTION AUTHORIZED BY THIS
PERMIT.
2. PRIOR TO PERFORMING ANY WORK IN THE CITY RIGHT-OF-WAY AN
ENCROACHMENT PERMIT MUST BE OBTAINED FROM THE PUBLIC
WORKS DEPARTMENT
3. POOLS, SPAS, WALLS, FENCES, PATIO COVERS AND OTHER
FREESTANDING STRUCTURES REQUIRE SEPARATE REVIEWS AND
PERMITS
TION
WALZ : ARCHITECTURE
LIDO TASTING ROOM
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DATE
REVISIONS
BY
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ROOF AND SITE
JR WALZ
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PLANNING APPLICATION
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23 CORPORATE PLAZA, SUITE 150
NEWPORT BEACH, CA 92660
201 SHIPYARD WAY SUITE 3 NEWPORT BEACH
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ASSESSORS PARCEL#:-
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THIS DRAWING IS THE PROPERTY OF JR WALZ,
949.836.5977
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AND IS NOT TO BE REPRODUCED OR COPIED IN
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RETAIL AND PREP AREA:180sf
TASTING AREA: 92sf
SCALE: 1/2"=1'-0° ELECTRICAL PLAN
2
SCALE: 1/2"=1'-0" FLOOR PLAN
1
: ARCHITECTURE
LIDO TASTING ROOM
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#
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REVISIONS
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3
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PLANNING APPLICATION�o^°
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23 CORPORATE PLAZA, SUITE 150
NEWPORT BEACH, CA 92660
N
201 SHIPYARD WAY, SUITE 3 NEWPORT BEACH
ASSESSORS PARCEL#:04701009
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THIS DRAWING IS THE PROPERTY OF JR WALZ,
949.836.5977
JR@WALZARCHITECTURE.COM
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MOUNTAIN VINEYARD COMPANY LLC
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AND IS NOT TO BE REPRODUCED OR COPIED IN
WHO LE BE USEDIN ON AN OUT PERMISSION.
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PLANNING APPLICATION
23 CORPORATE PLAZA, SUITE 150
NEWPORT BEACH, CA 92660
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201 SHIPYARD WAY SUITE 3 NEWPORT BEACH
N
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ASSESSORS PARCEL#:-
THIS DRAWING IS THE PROPERTY OF JR WALZ,
949.836.5977
JR@WALZARCHITECTURE.COM
HOWELL MOUNTAIN VINEYARD COMPANY, LLC
J
o
AND IS NOT TO BE REPRODUCED OR COPIED IN
WHOLE OUT PERPROJETITIS
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BE USEDIN
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NOT TO BE USED ON ANY OTHER PROJECT AND
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.cr°?,0bert Wail
-"J/1e0 10
PIN MOUNTED BRASS METAL LETTERS
BI -FOLD OPERABLE WINDOW
CONCRETE SILL
DUTCH DOOR
BRICK APRON
STOREFRONT ELEVATIONS
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A 2.0
g 02.05.2018 0 —
Attachment No. ZA 4
Director's Determination No. DD2017-003
22
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Director's Determination
To: Mr. Anthony Curci
From: Seimone Jurjis, Community Development Director
Date: December 20, 2017
Re: Retail Sale of Alcohol with an accessory tasting room
PC -6 Lido Peninsula Planned Community Regulations
201 Shipyard Way, Suite 3
Director's Determination No. DD2017-003/PA2017-257
Backaround — Lido Peninsula Zonina and Land Use
In 1974, the City Council adopted a Zoning Code amendment that rezoned the
referenced property and the surrounding Lido Peninsula from Industrial Districts to
PC -6 - Lido Peninsula Planned Community. However, the rezone did not include
a planned community development plan, development standards, or use
regulations. According to the administrative record (staff reports and public hearing
minutes) the intent of the zoning amendment was to make the zoning consistent
with the General Plan designations of Recreational and Marine Commercial (RMC)
and Multi -Family Residential (RM). Discussion at the time of the amendment
anticipated and intended future development to include marine and recreation -
oriented commercial uses, with emphasis on marine repair and service uses in
association with boat sales, restaurants, nightclubs, hotels, motels, and specialty
shops.
The City Council staff report that established PC -6 in November 1973, suggested
that the existing uses be allowed to continue, and that repairs, replacements, and
remodels consistent with those uses be encouraged. The report also indicated that
repairs, replacements, and remodels of existing uses and buildings that enlarge
the scope or changes the character of such uses should require a use permit.
Furthermore, substantial changes to existing uses shall comply with an area plan
(PC Development Plan) intended to be prepared by the property owner(s) and
subsequently reviewed and approved by the City. Since adoption of the Zoning
Code amendment, an area plan (PC Development Plan) has not been proposed
or adopted. As a result, development standards and use regulations have not been
established for properties within the PC -6 - Lido Peninsula Planned Community.
The current General Plan and the Coastal Land Use Plan designate the subject
property as Recreational Marine Commercial (CM). This land use category is listed
under Commercial Districts and Corridors and 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, and encourage physical and visual access
to the bay on waterfront commercial and industrial building sites on or near the
bay. The CM land use category is implemented by the CM Zoning District and CM
Coastal Zone that provides a list of allowed uses. The list of permitted and
conditionally allowed uses has been determined to be consistent with the CM land
use category. The CM list of uses is the closest equivalent to the use that would
otherwise be considered for PC -6. Retail sales including a retail store specializing
in wine and wine -related products (Alcohol Sales -Off -Sale) with an accessory, on-
site tasting area would be allowed with the approval of a minor use permit by the
Zoning Administrator in the Commercial Recreational and Marine (CM) Zoning
Districts.
Planning and Zoning Section 20.12.020E - Unlisted Uses of Land
Pursuant to NBMC Section 20.12.020E, the Director may determine that a
proposed land use that is not listed in the zoning regulations of a property, which
in this case is PC6 Zoning District, may be allowed if the following findings can be
made:
Finding:
A. The characteristics of, and activities associated with, the proposed use are
equivalent to those of one or more of the uses listed in the zoning district as
allowable, and will not involve a greater level of activity, population density,
intensity, traffic generation, parking, dust, odor, noise, or similar impacts than
the uses listed in the zoning district;
Facts in Support of finding:
1. A retail store specializing wine and wine related products (Alcohol Sales
Off -Sale) with accessory wine tasting is a permitted use in the CM Zoning
District and the CM Coastal Zoning District with the approval of a minor use
permit by the Zoning Administrator.
2. The use is classified in the Zoning Code as general retail, which has a
parking requirement of 1 space per 250 square feet of gross floor area. This
is the same parking requirement as the existing general office use with no
intensification of the parking demand.
3. This area in PC -6 is developed with restaurants, general offices, and
general retail land uses.
ru'
4. On-site noise would be consistent with other non-residential uses and future
uses would be required to comply with Chapter 10.26 of the Newport Beach
Municipal Code (NBMC).
Finding:
B. The proposed use will meet the purpose/intent of the zoning district that is
applied to the location of the use;
Facts in Support of finding:
1. As discussed in the zoning code amendment that adopted PC -6, the intent
of the PC for the commercial area is to be consistent with the CM General
Plan designation and the CM Coastal Land Use. The CM Zoning District
and the CM Coastal Zone District (which typically implement the CM
General Plan and CM Coastal Land Use) allow the retail use with an
accessory wine tasting alcohol beverage license with the approval of a
minor use permit by the Zoning Administrator.
2. Adjacent and nearby land uses include shipyards, restaurants and offices.
A retail wine shop use is potentially consistent with the surrounding area
subject to the review and approval of a minor use permit. The retail wine
shop will serve the coastal visitors from the docks as well as residents from
the surrounding neighborhoods. General retail such as the wine shop is
considered a supportive business for the commercial marine area,
encourage visitor -serving uses, and is a permitted use in the CM Zoning
District and the CM Coastal Zone.
Finding:
C. The proposed use will be consistent with the goals, objectives, and policies of
the General Plan, or any applicable specific plan
Facts in Support of finding:
1. The CM General Plan and CM Coastal Land Use designation is intended to
provide for areas appropriate 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
recreational uses.
2. A retail wine shop with accessory wine tasting use are allowed in zoning
districts that implement the CM land use designation. The general retail use
such as the wine shop is considered a supportive business serving the
visitors and residents alike in the marine commercial area. It will provide an
additional service to the immediate area.
25
Finding:
D. The proposed use is not listed as allowable in another zoning district,
Fact in Support of finding:
1. PC 6 does not include any use standards or zoning districts; therefore, there
are no listed uses.
Finding:
E. The proposed use is not a prohibited or illegal use.
Fact in Support of finding:
1. The retail wine store with accessory wine tasting is not a prohibited or illegal
use.
Directors Determination
In this particular case, findings can be made to allow the existing office space to
be converted to a retail wine shop (Alcohol Sales Off -Sale) with accessory wine
tasting as an allowed use subject to the approval of a minor use permit in the PC -
6 Zoning and Coastal Zoning District.
Please note that a call for review or appeal may be filed within 14 days following
the date of this determination. For more information, please contact me at 949-
644-3221.
'_r - J
Seimone Jurjis, P
Community Developm nt Director
20
Attachment No. ZA 5
Police Department Memorandum and
Stats
27
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^` NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
r BEAVA
43
MEMORANDUM
TO: Melinda Whelan, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: April 12, 2018
SUBJECT: Lido Tasting Room
201 Shipyard Way, Suite 3
Use Permit No. 2018-003 (PA2018-038)
At your request, the Police Department has reviewed the project application for Lido Tasting
Room located at 201 Shipyard Way, Suite 3, Newport Beach. The applicant is seeking a Minor
Use Permit (MUP) for a retail wine shop with an accessory wine tasting use. The applicant holds
a Type 02 (Winegrower) Alcoholic Beverage Control License. This retail space would require a
duplicate of their license by ABC. There are no late hours proposed hours.
Statistical Data and Public Convenience or Necessity
Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises
in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the
city wide average, or an over saturation of alcohol licenses in a census tract compared to the
county. When undue concentration is found to exist, a judgment on Public Convenience or
Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the
application of PCN. While the final determination of PCN for a Type 02 license falls to the
Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address
PCN in the use permit process.
Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime
Analyst Caroline Staub, which provides detailed statistical information related to alcohol
establishments and calls for service in and around the applicant's place of business, 201
Shipyard Way, Suite 3.
Crime Statistics
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 15 which
stretches from 37th Street to 20th Street along the Newport Beach Peninsula.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft (all Part 1 crimes), combined with all arrests for other crimes, both
felonies and misdemeanors, except traffic citations to ABC. These figures make up the "Crime
22
Lido Tasting Room
U P2018-003
Count" which is indicated on the attached statistical data form. This reporting district is reported
to ABC as high crime area as compared to other reporting districts in the City.
RD 15 is our highest crime area in Newport Beach with significant quality -of -life concerns for the
residents, as well as the Police Department. RD 15 is 401% over the City-wide average for
reported crimes as compared to other reporting districts in terms of crime count reported to ABC.
The highest volume crime in the area is simple assault, which can usually be attributed to bar
fights and assaults due to overconsumption of alcohol. 39% of the arrests were for public
intoxication, DUI, or liquor law violations. In comparison, the figure for neighboring RD 13 is 33%,
RD 16 is 28%, and RD 25 is 29%. The highest volume arrest in the area is Public Intoxication,
and this area is 616% over the City-wide average for Part 1 arrests. This location meets the legal
criteria for undue concentration (B&P §23958.4).
Alcohol License Statistics
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 5,726 residents with 82 active alcohol licenses and 72 licensed
establishments. That is a per capita ratio of 1 license for every 70 residents. Per the Business
and Professions code, we compare this per capita ratio to Orange County's on -sale per capita
ratio of 1 license for every 467 residents. This location meets the legal criteria for undue
concentration (B&P §23958.4).
RECOMMENDED CONDITIONS OF APPROVAL
Police Department has no objections to this project provided the following or similar conditions
are imposed.
1. The permittee must close at 11:00 p.m., daily.
2. The approval is for a retail off sales alcohol sales with an accessory wine tasting use. The
type of alcoholic beverage license issued by the California Board of Alcoholic Beverage
Control shall be a Type 02 (Winegrower).
3. 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.
Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
6. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
8. There shall be no live entertainment or dancing allowed on the premises unless a special
events permit is acquired.
2J°
Lido Tasting Room
UP2018-003
9. 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, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
10. 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 60 days of hire. This training must be updated every 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 60 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.
11. Strict adherence to maximum occupancy limits is required.
12. The applicant shall maintain a security recording system with a 30 -day retention and make
those recording available to police upon request.
13. The operator of the restaurant 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.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Pe,at (949)644-3705 or wjoe@nbpd.org.
Investigator, Special Investigations Unit
Jay Short
Deputy Chi f
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