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Home My WebLink About4.0_Industrial Zoning District Code Amendments_PA2020-042CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 23, 2020 Agenda Item No. 4 SUBJECT: Industrial Zoning District Code Amendments (PA2020-042) Code Amendment No. CA2020-005 SITE LOCATION: Industrial Zoning (IG) District APPLICANT: City of Newport Beach PLANNER: David Blumenthal, AICP, Planning Consultant 949-644-3200, dblumenthal@newportbeachca.gov PROJECT SUMMARY The Industrial Zoning District (IG) currently limits eating and drinking establishments to “Take-Out Service – Limited” only. The proposed Zoning Code Amendment would allow Wine Tasting Rooms, subject to the approval of a conditional use permit in the IG zone. RECOMMENDATION 1) Conduct a public hearing; 2) Find this action proposed herein is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 3) Adopt Resolution No. PC2020-029 recommending the City Council approve Zoning Code Amendment No. CA2020-005 to amend Sections 20.24.020 (Industrial Zoning District Land Uses and Permit Requirements), 20.40.040 (Off-Street Parking Spaces Required), 20.48.090 (Eating and Drinking Establishments), and 20.70.020 (Definitions of Specialized Terms and Phrases), of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (PA2020-042) (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Industrial Zoning District Code Amendments (PA2020-042) Planning Commission, July 23, 2020 Page 2 DISCUSSION Background The Industrial (IG) Zoning District is located in the southwest portion of the City, near 16th Street and Placentia Avenue (see Figure 1), which is within the West Newport Mesa District (Attachment No. PC 2). The IG zone is intended to provide for areas appropriate for a wide range of moderate to low intensity industrial uses (e.g., light manufacturing and research and development) and limited accessory commercial and office uses. Figure 1 On April 14, 2020, the City Council adopted Resolution 2020-38, initiating the subject Code Amendment and directing staff to analyze allowing food and alcohol service in the IG zone (Attachments No. PC 3 and PC 4). Wine Tasting Room The amendment would establish “Wine Tasting Rooms” as a new subset of eating and drinking establishments within the Zoning Code; as well as allow them to operate within the IG zone, subject to approval of a Conditional Use Permit at a noticed public hearing by the Planning Commission. A wine tasting room operates under a Department of Alcoholic Beverage Control (ABC) Type 2 (Winegrower) license. ABC will only issue a duplicate Type 2 license for operation of a wine tasting room to a duly licensed winery. No production is allowed at the tasting room site and wine that is sold for on- or off-site consumption can only be produced at the winery that holds the master Type 2 license. ABC further prohibits the wine tasting rooms from operating as a bona fide eating place IG Zone Orange Coast Winery Index 3 Industrial Zoning District Code Amendments (PA2020-042) Planning Commission, July 23, 2020 Page 3 (i.e. no kitchen is permitted under State regulations). Notwithstanding the prohibition on providing food service, the operator is allowed to serve palate cleansers, such as charcuterie and cheese boards. The proposal includes the following changes to the Newport Beach Municipal Code (NBMC) (Attachment No. PC 5):  Section 20.24.020 (Industrial Zoning District Land Uses and Permit Requirements) would be amended to require a conditional use permit for the operation of a wine tasting room in the IG zone and would limit the hours of operations in the IG to Monday through Friday from 4:00 p.m. to 11:00 p.m. and Saturday and Sunday from 12:00 p.m. to 11:00 p.m.  Section 20.40.040 (Off-Street Parking Spaces Required) would be amended to add a parking requirement for wine tasting rooms. The parking requirement is proposed as one space per each four persons based on allowed occupancy load or as required by the conditional use permit. This parking requirement is consistent with the current code requirements for bars, lounges, and nightclubs  Section 20.48.090 (Eating and Drinking Establishments) would be amended to provide specific requirements for the wine tasting rooms. This includes a 500-foot separation requirement from schools, as measured from the school property line to the building in which the wine tasting room is located, a 500-foot separation between properties that have wine tasting rooms, a prohibition on live entertainment, and a prohibition on any food preparation equipment that would require a mechanical ventilation system.  Section 20.70.020 (Definitions of Specialized Terms and Phrases) would be amended to include the definition of wine tasting rooms within the definitions of an eating and drinking establishment. The operation of a wine tasting room in the IG zone is not unprecedented. In 2010, the City Council approved an Interim Study (IS) Overlay to allow the operation of the Newport Beach Wine Company located at 869 West 16th Street, which manufactured wine on-site and provided ancillary tastings (Attachment No. PC 6). However, the use, now known as the Orange Coast Winery, is requesting the ability to operate a dedicated tasting room with no on-site manufacturing. If this amendment is approved, Orange Coast Winery would be permitted to apply for a conditional use permit, consistent with the proposed regulations for wine tasting rooms. General Plan Consistency According to the General Plan, “[t]he IG designation 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 Zoning 4 Industrial Zoning District Code Amendments (PA2020-042) Planning Commission, July 23, 2020 Page 4 Code Amendment would allow wine tasting rooms with limitations within the IG zone, which are accessory to wine production, sales and distribution and ancillary to the industrial uses in vicinity. The wine tasting room would benefit those who live and work in the area, as it would provide for a location to try wine products before purchasing. Environmental Review The Code Amendment is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. There is no evidence that alcoholic beverage service in the IG zone would result in any different or new effects on the environment than were already assumed with the IG zone. Public Notice Notice of this amendment was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: ATTACHMENTS PC 1 Draft resolution recommending the City Council approve Zoning Code Amendment No. CA2020-005 PC 2 West Newport Mesa Map PC 3 City Council Resolution No. 2020-38 PC 4 City Council Minute excerpts, dated April 14, 2020 PC 5 Redlined Zoning Code text changes PC 6 City Council Ordinance No. 2010-17 5 INTENTIONALLY BLANK PAGE6 Attachment No. PC 1 Draft resolution recommending the City Council approve Zoning Code Amendment No. CA2020-005 7 INTENTIONALLY BLANK PAGE8 RESOLUTION NO. PC2020-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE ZONING CODE AMENDMENT NO. CA2020-005, TO AMEND SECTIONS 20.24.020 (INDUSTRIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS), 20.40.040 (OFF-STREET PARKING SPACES REQUIRED), 20.48.090 (EATING AND DRINKING ESTABLISHMENTS), AND 20.70.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE (PA2020-042) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On April 14, 2020, the City Council of the City of Newport Beach adopted Resolution 2020-38 initiating an amendment to Title 20 (Planning and Zoning) to allow food and alcohol service in the Industrial Zoning District (IG) (“Zoning Code Amendment”). 2. A telephonic public hearing was held by the Planning Commission on July 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Zoning Code Amendment is not a project subject to the California Environmental Quality Act in accordance with Section 21065 of the California Public Resources Code (“CEQA”) and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. 9 Planning Commission Resolution No. PC2020-029 Page 2 of 12 SECTION 3. FINDINGS. 1. The Zoning Code Amendment is consistent with the City of Newport Beach General Plan (“General Plan”). According to the General Plan, “[t]he IG designation 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 Zoning Code Amendment would allow wine tasting rooms with limitations within the Industrial Zoning District (IG), which are accessory to wine production, sales and distribution and is a commercial use that is ancillary to the industrial uses in the vicinity. The wine tasting room would also benefit those who live and work in the area, as it would provide for a location to try wine products before purchasing. 2. The proposed limitations on wine tasting rooms will help ensure that potential nuisances are minimized and that the use would not operate as an eating and drinking establishment or wine bar. 3. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the Zoning Code Amendment is not a project subject to CEQA in accordance with Section 21065 of CEQA and CEQA Guideline Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3. The Zoning Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Zoning Code Amendment No. CA2020-005 as set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. 10 Planning Commission Resolution No. PC2020-029 Page 3 of 12 PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF JULY 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Erik Weigand, Chair BY:_________________________ Lauren Kleiman, Secretary 11 Planning Commission Resolution No. PC2020-029 Page 4 of 12 EXHIBIT “A” ZONING CODE AMENDMENT NO. CA2020-005 Section 1: The row entitled “Eating and Drinking Establishments” of Table 2-12 (Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Allowed Uses and Permit Requirements) of Chapter 20.24 (Industrial Zoning District (IG)) of the Newport Beach Municipal Code (NBMC) is amended to read as follows: Land Use IG Specific Use Regulations Service Uses - General Eating and Drinking Establishments Take-Out Service - Limited P Section 20.48.090 Wine Tasting Room (1) CUP Section 20.48.090 Section 2: Footnote (1) is added to Table 2-12 (Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Allowed Uses and Permit Requirements) of Chapter 20.24 (Industrial Zoning District (IG)) of the NBMC to read as follows: (1) Wine Tasting Room Hours of Operation. The permitted hours of operation shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m., and Saturday and Sunday from 12:00 p.m. to 11:00 p.m. Section 3: Section 20.48.090 (Eating and Drinking Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of the NBMC is relettered and amended to read as follows: 20.48.090 Eating and Drinking Establishments This section provides standards for the establishment and operation of eating and drinking establishments. A. Standards - All Eating and Drinking Establishments. 1. Outdoor Activities. Activities shall be conducted entirely within an enclosed structure, except for the following, which shall not be located between the activity and the side of a structure adjacent to a residential zoning district. a. The checking of patrons’ identification; b. Valet parking activities; 12 Planning Commission Resolution No. PC2020-029 Page 5 of 12 c. Outdoor dining when in compliance with the standards in subsection (D) of this section (Standards—Outdoor Dining); d. Outdoor smoking areas in compliance with State law; e. Queuing of patrons, which shall be managed to: i. Allow pedestrian passage on the sidewalk; and ii. Not be adjacent to residential zoning districts and residential uses. 2. Outdoor Storage. Outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be allowed if the storage area is: a. Screened from public view, subject to the Director’s approval; and b. Dedicated for storage only; provided that the dedicated area shall not occupy required parking spaces or open space areas. 3. Solid Waste Storage. The review authority may require storage areas and receptacles that are in addition to the requirements for solid waste storage areas in Section 20.30.120 (Solid Waste and Recyclable Materials Storage). B. Standards - On-Sale Alcohol Sales. 1. Operational Standards. In addition to the standards in subsection (A) of this section, the following standards shall apply to eating and drinking establishments that sell, serve, or give away alcohol: a. Sales Activities. Alcoholic beverages shall not be sold, served, or given away: i. Outside of the exterior walls of the eating and drinking establishment, except for approved outdoor dining areas; ii. From drive-up or walk-up service windows; or iii. To persons in watercraft. b. Litter and Graffiti. The owner/operator shall: i. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; 13 Planning Commission Resolution No. PC2020-029 Page 6 of 12 ii. Provide for daily removal of trash, from the premises and abutting sidewalks or alleys within twenty (20) feet of the premises; and iii. Remove graffiti within forty-eight (48) hours of written notice from the City. c. Security. The review authority may require the eating and drinking establishment to provide security personnel, security programs, and/or surveillance devices. d. Sales Training. i. Owners, operators, servers, vendors, and persons selling, serving, or giving away alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcoholic Beverage Control. ii. Records of each owner’s, operator’s, server’s, vendor’s, and employee’s successful completion of the LEAD training program shall be maintained on the premises and shall be presented to a representative of the City upon request. e. Conditions of Approval. The owner/operator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. f. Public Telephones. Upon request of the Police Chief or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner/operator shall be equipped with devices or mechanisms that prevent persons from calling in to that public telephone. 2. Development Standards. a. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, the following shall apply: i. Window signs shall not obstruct the view of the interior of the premises (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. ii. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. b. Site and Floor Plans. The site and floor plans of an eating and drinking establishment that sells, serves, or gives away alcohol shall incorporate design features to reduce alcohol-related problems. The review authority may require the 14 Planning Commission Resolution No. PC2020-029 Page 7 of 12 incorporation of preventive design features (e.g., openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public rights-of-way and neighboring property; illumination of interior and exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior) and other safety features (e.g., security, restrooms, additional exits, etc.). C. Standards - Noise Control Late-Hour Operations. To encourage appropriate patron conduct, the owner/operator of an eating and drinking establishment that sells, serves, or gives away alcohol shall post signs at clearly visible locations within the establishment and at both on-site and off-site parking areas under the owner/operator’s control. The signs shall request patrons to keep noise to a minimum. D. Standards - Outdoor Dining (Including Late-hour Operations). 1. Public Property. Outdoor dining on public property shall comply with Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department. 2. Private Property. Outdoor dining on private property shall comply with the following standards: a. Barriers. Appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure. b. Associated Elements. Physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) that are visible from public rights-of-way shall be compatible with one another and with the overall character and design of the principal structure(s). E. Standards - Bars, Nightclubs, and Lounges. Bars, nightclubs, and lounges shall comply with the standards in subsections (A) through (D) of this section. In addition, the structure in which the bar, nightclub, or lounge is located shall be adequately soundproofed so that interior noise is not audible beyond the lot line with the doors and windows closed. F. Standards - Wine Tasting Rooms. In addition to the standards set forth in subsections (A) through (E), wine tasting rooms shall comply with the following standards: 1. The building in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that contains a preschool, elementary, middle, or high school. 15 Planning Commission Resolution No. PC2020-029 Page 8 of 12 2. The property in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that has a wine tasting room. 3. The wine tasting room shall operate under an ABC Type 2 (Winegrower) license only. 4. The wine tasting room shall not operate as a bona fide eating establishment, but may serve incidental foods such as bread, crackers, cheeses or nuts. Any kitchen or food preparation area provided shall have no cooking equipment that requires a mechanical ventilation system to exhaust, heat, steam or grease vapor. 5. Limited private events may occur within the wine tasting room, provided the wine tasting room remains open to the public. 6. Live entertainment is prohibited. G. Permit Requirements. 1. New Establishments. Permits and licenses required by Title 5 (Business Licenses and Regulations) shall be obtained for new eating and drinking establishments, in addition to permits required by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Existing Establishments. An existing eating and drinking establishment, including bars, lounges, and nightclubs, shall obtain permits and licenses required by Title 5 (Business Licenses and Regulations) in the following circumstances: a. Substantial Change. When there is a substantial change in operation including any of the following: i. An application for, or a change in type of, retail liquor license from the Department of Alcoholic Beverage Control; ii. An increase in the floor area principally devoted to alcohol sales by twenty- five (25) percent or more or by two hundred fifty (250) square feet or more, whichever is less; or iii. A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than thirty (30) days. b. Objectionable Conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: 16 Planning Commission Resolution No. PC2020-029 Page 9 of 12 i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Penal Code, or other State statutes; or ii. A pattern of substantiated complaints of activity constituting evidence of a nuisance. 3. Review Criteria. a. Late-Hour Operations. When reviewing an application to allow late-hour operations, the review authority shall consider the following potential impacts upon adjacent or nearby uses: i. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses and activities; ii. High levels of lighting and illumination; iii. Increased pedestrian and vehicular traffic activity during late night and early morning hours; iv. Increased trash and recycling collection activities; v. Occupancy loads of the use; and vi. Any other factors that may affect adjacent or nearby uses. b. Outdoor Dining. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise. c. On-Sale Alcohol Sales. When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, the review authority shall: i. Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of this section (Late-Hour Operations). For the purposes of this subsection, “adjacent uses” shall mean those uses within one hundred (100) feet of the proposed use, as measured between the nearest lot lines; ii. Consider the proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption; and 17 Planning Commission Resolution No. PC2020-029 Page 10 of 12 iii. Make the findings in Section 20.48.030(C)(3) (alcohol sales—off-sale). 4. Post-Decision Procedures. a. With On-Sale Alcohol Sales. For establishments with permits for on-sale alcohol sales, the post-decision procedures in Section 20.48.030(C)(4) shall apply. b. Without On-Sale Alcohol Sales. For establishments that do not sell, serve, or give away alcohol, the procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Part 6 of this title (Zoning Code Administration) shall apply. Section 4: Table 3-10 (Off-Street Parking Requirements) in Section 20.40.040 (Off- Street Parking Spaces Required) is amended to add a row to include parking standards for Wine Tasting Rooms to read as follows: Land Use Parking Spaces Required Service Uses—General Eating and Drinking Establishments Wine Tasting Room 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit Section 5: The definition for “Eating and Drinking Establishments (Land Use)” within Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) shall be amended to include the definition of “Wine Tasting Room” to read as follows: Eating and Drinking Establishments (Land Use). See also “Alcohol sales, on-sale” and “Drive-through facilities.” 1. “Accessory food service” means a type of food service establishment that: a. Sells food and/or beverages as an accessory use in a retail, office, or institutional structure; b. Does not change the character of the principal use; c. Does not sell, serve, or give away alcoholic beverages; d. Does not have an entrance separate from the principal use; and e. Has hours of operation that are the same as those of the principal use. 18 Planning Commission Resolution No. PC2020-029 Page 11 of 12 2. “Bar, lounge, and nightclub” means an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 (On-Sale Beer and Wine—Public Premises), ABC License Type 48 (On-Sale General—Public Premises), and ABC License Type 61 (On- Sale Beer—Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 3. “Fast food” means an establishment whose design or principal method of operation includes four or more of the following characteristics: a. A permanent menu board is provided from which to select and order food; b. A chain or franchise restaurant; c. Customers pay for food before consuming it; d. A self-service condiment bar and/or drink service is/are provided; e. Trash receptacles are provided for self-service bussing; and f. Furnishing plan indicates stationary seating arrangements. A fast food establishment may or may not have late hour operations (see “Late hour operations”). Alcoholic beverages are not sold, served, or given away on the premises. If alcoholic beverages are sold, served, or given away on the premises, the use shall be considered a food service use. See “Food service.” 4. “Food service, no late hours” means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does not have late hour operations (see “Late hour operations”); b. Customers order food and beverages from individual menus; c. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and d. Customers pay for food and beverages after service and/or consumption. 5. “Food service, late hours” means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does have late hour operations (see “Late hour operations”); b. Customers order food and beverages from individual menus; 19 Planning Commission Resolution No. PC2020-029 Page 12 of 12 c. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and d. Customers pay for food and beverages after service and/or consumption. 6. “Late hour operations” means facilities that provide service after 11:00 p.m. 7. “Outdoor dining, accessory” means an outdoor dining area contiguous and accessory to a food service establishment. 8. “Take-out service, limited” means an establishment that sells food or beverages and that has all of the following characteristics: a. Sales are primarily for off-site consumption; b. Customers order and pay for food at either a counter or service window; c. Incidental seating up to six seats may be provided for on-site consumption of food or beverages; and d. Alcoholic beverages are not sold, served, or given away on the premises. Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and frozen dessert stores, small delicatessens, and similar establishments. 9. “Take-out service only” means an establishment that offers a limited variety of food or beverages and that has all of following characteristics: a. Sales are for off-site consumption; b. Seating is not provided for on-site consumption of food or beverages; and c. Alcoholic beverages are not sold, served, or given away on the premises. 10. “Wine Tasting Room” means an establishment that operates pursuant to an ABC Type 2 (Winegrower) license to provide the sale of wine that is produced by said winery for on- and off-site consumption. The sale of other types of alcohol, such as beer and distilled spirits, shall be expressly prohibited. 20 Attachment No. PC 2 West Newport Mesa Map 21 INTENTIONALLY BLANK PAGE22 C RM18/ac IG0.75 CO-M0.5 CO-M0.5 CO-M RM18/ac CO-M0.5A C A D B PF PI0.75 RM18/ac RM18/ac CN0.3 CG0.75 74 IG0.5 CO-M0.49 S U P E R I O R A V E 1 6 T H S T W O L D N E W P O R T B L V D H O S P I T A L R D 1 5 T H S T W B A B C O C K S T T I C O N D E R O G A S T F L A G S H I P R D P R O D U C T I O N P L P A T R I C E R D D A N A R D B O L E R O W A YO R I O N W A Y S P I N D R I F T W A Y B E A C O N S T C RM18/ac IG0.75 CO-M0.5 CO-M0.5 CO-M RM18/ac CO-M0.5A C A D B PF PI0.75 RM18/ac RM18/ac CN0.3 CG0.75 74 IG0.5 CO-M0.49 S U P E R I O R A V E 1 6 T H S T W O L D N E W P O R T B L V D H O S P I T A L R D 1 5 T H S T W B A B C O C K S T T I C O N D E R O G A S T F L A G S H I P R D P R O D U C T I O N P L P A T R I C E R D D A N A R D B O L E R O W A YO R I O N W A Y S P I N D R I F T W A Y B E A C O N S T CITY of NEWPORT BEACHGENERAL PLAN PROJECT NUMBER: 10579-01 Source: City of Newport Beach and EIP Associates Date: 12/12/06 P A C I F I C O C E A N ?sE A°E %&l( Figure LU18WEST NEWPORT MESA 0 500250Feet Sub-Area Tidelands andsubmerged lands City Boundary Highway !Refer to anomalytable 7N LAND USE POLICY Multi-Family ResidentialCMedical-Related UsesA Neighborhood andGeneral CommercialDBGeneral Industrial February 2012 23 INTENTIONALLY BLANK PAGE24 Attachment No. PC 3 City Council Resolution No. 2020-38 25 INTENTIONALLY BLANK PAGE26 RESOLUTION NO. 2020-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AN AMENDMENT TO TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO FOOD AND ALCOHOL SERVICE IN THE INDUSTRIAL ZONING DISTRICT (IG) (PA2020-042) WHEREAS, Section 20.66.020 (Initiation of Amendment) of Newport Beach Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach City Council") may initiate an amendment to Title 20 (Planning and Zoning) of the NBMC with or without a recommendation from the Planning Commission; and WHEREAS, the City Council desires to amend Title 20 of the NBMC related to food and alcohol service in the Industrial Zoning District (IG). NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates an amendment to Title 20 Planning and Zoning) of the NBMC related to allowing food and alcohol service in the Industrial Zoning District (IG). Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative portion of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. 27 Resolution No. 2020-38 Page 2 of 2 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 14th day of April, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 28 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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; the foregoing resolution, being Resolution No. 2020-38, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 141h day of April, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: Mayor Will O' Neill, Mayor Pro Tem Brad Avery, Council Member Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 151h day of April, 2020. r Leilani I. Brown , City Clerk Newport Beach, California 29 INTENTIONALLY BLANK PAGE30 Attachment No. PC 4 City Council Minute excerpts, dated April 14, 2020 31 INTENTIONALLY BLANK PAGE32 City of Newport Beach Regular Meeting April 14, 2020 recommendation to Council, and then Council would consider the items. He confirmed that there is still the ability for someone to appeal a Zoning Administrator decision to the Planning Commission, and a Planning Commission decision to the Council. Council Member Muldoon noted that the NBMC will conform to the U.S. Constitution and case law from the Ninth Circuit Court with adoption of Resolution No. 2020-35. Motion by Council Member Muldoon, seconded by Mayor O'Neill, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-35, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Tattoo Services (PA2020-030). The motion carried unanimously. Regarding Resolution No. 2020-36 (Density Bonuses), Community Development Director Jurjis reported that State laws relative to density bonuses change often and the NBMC is currently out of date. He noted that this request is to update the NBMC to conform with current State laws. Motion by Council Member Dixon, seconded by Council Member Brenner, to a) determine this action is exempt from environmental review under the California Environmental Quality Act CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-36, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Density Bonuses (PA2020-032). The motion carried unanimously. Regarding Resolution No. 2020-37 (Short -Term Lodging), Council Member Dixon noted that the City Council ad hoc committee on short-term lodging will meet shortly and bring recommendations to Council. Community Development Director Jurjis clarified that staff will return with an update to the short-term lodging emergency ordinance at the end of May. He noted that the current item is to initiate NBMC changes that will not be in the update in May, pointed out that Council discussed imposing a cap, parking requirements, a more restrictive occupant standard, and a minimum night stay, and reported that proposed amendments will first be considered by the Planning Commission and then Council. Motion by Council Member Herdman, seconded by Council Member Brenner, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-37, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Short Term Lodging (PA2020-048). The motion carried unanimously. Regarding Resolution No. 2020-38 (Food and Alcohol Service in the Industrial Zoning District), Community Development Director Jurjis reported that Council Member Muldoon requested the item through City Council Policy A-1. He indicated that the NBMC only allows the manufacturing of food and alcohol in the Industrial Zoning District, not the sale of food and alcohol, and indicated that staff is requesting Council's input regarding restrictions, which will guide staff in writing the NBMC change. Volume 64 - Page 363 33 City of Newport Beach Regular Meeting April 14, 2020 Mayor O'Neill recalled a similar discussion regarding tasting rooms a few years ago and stated his desire to know the difference between the proposals now and then. Council Member Muldoon indicated a business would close if Council does not amend the Industrial Zoning District through Resolution No. 2020-38, reported the business is willing to reduce its hours, is not a typical drinking establishment, and has a club feel with members. He noted that the amendment proposes a different rule for areas that are zoned industrial, and suggested that the proposed hours of operation not conflict with school hours, the maximum occupancy can be set by staff, the business should only be restricted to serve beer and wine, and food service should be similar to catering. Council Member Dixon indicated she made a site visit to the business two years ago and the circumstances were the same as proposed today. In response to her questions, Community Development Director Jurjis explained that the establishment has morphed over time, there is an ongoing enforcement case, the current zoning does not allow food service, and staff has tried to find a new location for the business pre -pandemic. Council Member Dixon recalled that the Council at that time unanimously voted against this because of residential parking issues and nearby schools. Motion by Council Member Muldoon, seconded by Council Member Duffield, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-38, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Food and Alcohol Service in the Industrial Zoning District IG) (PA2020-042). With Mayor O'Neill, Mayor Pro Tem Avery, and Council Member Dixon voting "no," the motion carried 4-3. Randy Beck indicated he has been in contact with Community Development Director Jurjis, Council Member Dixon, and others regarding short-term lodging, he did not hear an update about the emergency ordinance, expressed opposition regarding Resolution No. 2020-37, and noted he sent correspondence regarding short-term lodging issues. Mayor O'Neill advised that the purpose of this item was to initiate NBMC changes and City Attorney Harp reported that the City Council ad hoc subcommittee will bring back recommendations for changes at the Council meeting at the end of May. XIX. MOTION FOR RECONSIDERATION — None XX. ADJOURNMENT — 9:34 p.m. The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on April 9, 2020, at 4:00 p.m. City Clerk Will O'Neill Mayor Volume 64 - Page 364 34 Attachment No. PC 5 Redlined Zoning Code text changes 35 INTENTIONALLY BLANK PAGE36 TITLE 20 (PLANNING AND ZONING) 20.70.020 Definitions of Specialized Terms and Phrases. Eating and Drinking Establishments (Land Use). See also “Alcohol sales, on-sale” and “Drive- through facilities.” 1. Accessory food service” means a type of food service establishment that: a. Sells food and/or beverages as an accessory use in a retail, office, or institutional structure; b. Does not change the character of the principal use; c. Does not sell, serve, or give away alcoholic beverages; d. Does not have an entrance separate from the principal use; and e. Has hours of operation that are the same as those of the principal use. 2. Bar, lounge, and nightclub” means an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 (On-Sale Beer and Wine—Public Premises), ABC License Type 48 (On-Sale General—Public Premises), and ABC License Type 61 (On-Sale Beer—Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 3. Fast food” means an establishment whose design or principal method of operation includes four or more of the following characteristics: a. A permanent menu board is provided from which to select and order food; b. A chain or franchise restaurant; c. Customers pay for food before consuming it; d. A self-service condiment bar and/or drink service is/are provided; e. Trash receptacles are provided for self-service bussing; and f. Furnishing plan indicates stationary seating arrangements. A fast food establishment may or may not have late hour operations (see “Late hour operations”). Alcoholic beverages are not sold, served, or given away on the premises. If alcoholic beverages are sold, served, or given away on the premises, the use shall be considered a food service use. See “Food service.” 4. Food service, no late hours” means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does not have late hour operations (see “Late hour operations”); 37 b. Customers order food and beverages from individual menus; c. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and d. Customers pay for food and beverages after service and/or consumption. 5. Food service, late hours” means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does have late hour operations (see “Late hour operations”); b. Customers order food and beverages from individual menus; c. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and d. Customers pay for food and beverages after service and/or consumption. 6. Late hour operations” means facilities that provide service after 11:00 p.m. 7. Outdoor dining, accessory” means an outdoor dining area contiguous and accessory to a food service establishment. 8. Take-out service, limited” means an establishment that sells food or beverages and that has all of the following characteristics: a. Sales are primarily for off-site consumption; b. Customers order and pay for food at either a counter or service window; c. Incidental seating up to six seats may be provided for on-site consumption of food or beverages; and d. Alcoholic beverages are not sold, served, or given away on the premises. Typical uses include bakeries, candy, coffee, nut and confectionery stores, ice cream and frozen dessert stores, small delicatessens, and similar establishments. 9. Take-out service only” means an establishment that offers a limited variety of food or beverages and that has all of following characteristics: a. Sales are for off-site consumption; b. Seating is not provided for on-site consumption of food or beverages; and c. Alcoholic beverages are not sold, served, or given away on the premises. 10.“Wine Tasting Room” means an establishment that operates pursuant to an ABC Type 2 (Winegrower) license winery to provide the sale of wine that is produced by said winery for on- and off-site consumption. The sale of other types of alcohol, such as beer and distilled spirits, shall be expressly prohibited. 38 20.24.020 Industrial Zoning District Land Uses and Permit Requirements. Table 2-12 Land Use IG Specific Use Regulations Service Uses - General Eating and Drinking Establishments Take-Out Service - Limited P Section 20.48.090 Wine Tasting Room (1) CUP Section 20.48.090 (1) Wine Tasting Room Hours of Operation. The permitted hours of operation that the establishment is open to the public shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m. and Saturday and Sunday from 12:00 p.m. to 11:00 p.m. 20.48.090 Eating and Drinking Establishments This section provides standards for the establishment and operation of eating and drinking establishments. A. Standards - All Eating and Drinking Establishments. 1. Outdoor Activities. Activities shall be conducted entirely within an enclosed structure, except for the following, which shall not be located between the activity and the side of a structure adjacent to a residential zoning district. a. The checking of patrons’ identification; b. Valet parking activities; c. Outdoor dining when in compliance with the standards in subsection (D) of this section (Standards—Outdoor Dining); d. Outdoor smoking areas in compliance with State law; e. Queuing of patrons, which shall be managed to: i. Allow pedestrian passage on the sidewalk; and ii. Not be adjacent to residential zoning districts and residential uses. 2. Outdoor Storage. Outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be allowed if the storage area is: a. Screened from public view, subject to the Director’s approval; and b. Dedicated for storage only; provided, that the dedicated area shall not occupy required parking spaces or open space areas. 39 3. Solid Waste Storage. The review authority may require storage areas and receptacles that are in addition to the requirements for solid waste storage areas in Section 20.30.120 (Solid Waste and Recyclable Materials Storage). B. Standards - On-Sale Alcohol Sales. 1. Operational Standards. In addition to the standards in subsection (A) of this section, the following standards shall apply to eating and drinking establishments that sell, serve, or give away alcohol: a. Sales Activities. Alcoholic beverages shall not be sold, served, or given away: i. Outside of the exterior walls of the eating and drinking establishment, except for approved outdoor dining areas; ii. From drive-up or walk-up service windows; or iii. To persons in watercraft. b. Litter and Graffiti. The owner/operator shall: i. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; ii. Provide for daily removal of trash, from the premises and abutting sidewalks or alleys within twenty (20) feet of the premises; and iii. Remove graffiti within forty-eight (48) hours of written notice from the City. c. Security. The review authority may require the eating and drinking establishment to provide security personnel, security programs, and/or surveillance devices. d. Sales Training. i. Owners, operators, servers, vendors, and persons selling, serving, or giving away alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcoholic Beverage Control. ii. Records of each owner’s, operator’s, server’s, vendor’s, and employee’s successful completion of the LEAD training program shall be maintained on the premises and shall be presented to a representative of the City upon request. e. Conditions of Approval. The owner/operator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. f. Public Telephones. Upon request of the Police Chief or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner/operator shall be equipped with devices or mechanisms that prevent persons from calling in to that public telephone. 2. Development Standards. 40 a. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, the following shall apply: i. Window signs shall not obstruct the view of the interior of the premises (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. ii. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. b. Site and Floor Plans. The site and floor plans of an eating and drinking establishment that sells, serves, or gives away alcohol shall incorporate design features to reduce alcohol-related problems. The review authority may require the incorporation of preventive design features (e.g., openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public rights-of-way and neighboring property; illumination of interior and exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior) and other safety features (e.g., security, restrooms, additional exits, etc.). C. Standards - Noise Control Late-Hour Operations. To encourage appropriate patron conduct, the owner/operator of an eating and drinking establishment that sells, serves, or gives away alcohol shall post signs at clearly visible locations within the establishment and at both on-site and off-site parking areas under the owner/operator’s control. The signs shall request patrons to keep noise to a minimum. D. Standards - Outdoor Dining (Including Late-hour Operations). 1. Public Property. Outdoor dining on public property shall comply with Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department. 2. Private Property. Outdoor dining on private property shall comply with the following standards: a. Barriers. Appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure. b. Associated Elements. Physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) that are visible from public rights-of-way shall be compatible with one another and with the overall character and design of the principal structure(s). E. Standards - Bars, Nightclubs, and Lounges. Bars, nightclubs, and lounges shall comply with the standards in subsections (A) through (D) of this section. In addition, the structure in which the bar, nightclub, or lounge is located shall be adequately soundproofed so that interior noise is not audible beyond the lot line with the doors and windows closed. F. Standards - Wine Tasting Rooms. In addition to the standards set forth in subsection (A) through (E), wine tasting rooms shall comply with the following standards: 1. The building in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that contains a preschool, elementary, middle, or high school. 41 2. The property in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that has a wine tasting room. 3. The wine tasting room shall operate under a ABC Type 2 (Winegrower) license only. 4. The wine tasting room shall not operate as a bona fide eating establishment, but may serve incidental foods such as bread, crackers, cheeses or nuts. Any kitchen or food preparation area provided shall have no cooking equipment that requires a mechanical ventilation system to exhaust, heat, steam or grease vapor. 5. Limited private events may occur within the wine tasting room, provided the wine tasting room remains open to the public. 6. Live entertainment is prohibited GF. Permit Requirements. 1. New Establishments. Permits and licenses required by Title 5 (Business Licenses and Regulations) shall be obtained for new eating and drinking establishments, in addition to permits required by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Existing Establishments. An existing eating and drinking establishment, including bars, lounges, and nightclubs, shall obtain permits and licenses required by Title 5 (Business Licenses and Regulations) in the following circumstances: a. Substantial Change. When there is a substantial change in operation including any of the following: i. An application for, or a change in type of, retail liquor license from the Department of Alcoholic Beverage Control; ii. An increase in the floor area principally devoted to alcohol sales by twenty-five (25) percent or more or by two hundred fifty (250) square feet or more, whichever is less; or iii. A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than thirty (30) days. b. Objectionable Conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Penal Code, or other State statutes; or ii. A pattern of substantiated complaints of activity constituting evidence of a nuisance. 3. Review Criteria. a. Late-Hour Operations. When reviewing an application to allow late-hour operations, the review authority shall consider the following potential impacts upon adjacent or nearby uses: 42 i. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses and activities; ii. High levels of lighting and illumination; iii. Increased pedestrian and vehicular traffic activity during late night and early morning hours; iv. Increased trash and recycling collection activities; v. Occupancy loads of the use; and vi. Any other factors that may affect adjacent or nearby uses. b. Outdoor Dining. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise. c. On-Sale Alcohol Sales. When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, the review authority shall: i. Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of this section (Late-Hour Operations). For the purposes of this subsection, “adjacent uses” shall mean those uses within one hundred (100) feet of the proposed use, as measured between the nearest lot lines; ii. Consider the proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption; and iii. Make the findings in Section 20.48.030(C)(3) (alcohol sales—off-sale). 4. Post-Decision Procedures. a. With On-Sale Alcohol Sales. For establishments with permits for on-sale alcohol sales, the post-decision procedures in Section 20.48.030(C)(4) shall apply. b. Without On-Sale Alcohol Sales. For establishments that do not sell, serve, or give away alcohol, the procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Part 6 of this title (Zoning Code Administration) shall apply 20.40.040 Off-Street Parking Spaces Required. Table 3-10 Land Use Parking Spaces Required Service Uses—General Eating and Drinking Establishments 43 Wine Tasting Room 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit 44 Attachment No. PC 6 City Council Ordinance No. 2010-17 45 INTENTIONALLY BLANK PAGE46 ORDINANCE 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 47 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. 48 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. 49 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 50 APPROVED AS TO FORM: IUD David R. Hunt, City A rney For the City of Newpo Beach 51 CODE AMENDMENT NO. CA2010 -005 STUDY PLAN FOR 869 WEST 16TH STREET EXHIBIT - A 52 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 53 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 -005 254 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 55 CODE AMENDMENT NO. 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Nzr.) .w v.+ax In - PI JC- tB.eFJ S ECuooN0. 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 0crTFNEWPORTBEAC„ 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 bz MFR o m aaow ( isool. APF ? 2 ry 4 MFR e._ ,(/6001 4 PAIR CE RD. g W T APF S APF Cb ,d HOr10 /v HOSP /TAL \ V) 9 o, PQF APF 1A F -C PJ PF o APF a05P1 4 r R.R." Fxan RES.Ra, or. 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W [MV[a aF flVapo 9z 9MSp I'm 3.1/ -9a58 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 A. Im City Clerk j City of Newport Beach, California C% n 9 O R W 59 From:Dorothy Kraus To:Planning Commissioners Cc:Blumenthal, David(Contractor); Avery, Brad Subject:Item 3: Industrial Zoning District Code Amendments (PA2020-042) Date:Tuesday, July 21, 2020 4:53:46 PM Attachments:04_Ch3_LandUse_web.pdf FigLU18_WNewportMesa_11x8.5color_web.pdf Kraus Comment Item 4, 7-23-20 PC Meeting.docx.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Chair Koetting and Planning Commissioners, I have reviewed the proposed amendment to the Industrial Zoning District (IG) located in West Newport Mesa which is a community close to where I live. I oppose this proposal and have outlined my objections below. I ask that you, at minimum, postpone this hearing in order that you consider my objections and take a drive-by of this zoning area if you haven’t already. Firstly, I’ve attached the 2006 General Plan, Land Use Element. Please take a few minutes to read the section on West Newport Mesa, Pages 3-76 to 3-79. I have also attached Figure LU18 from the Land Use Element which reflects the current zoning for IG Industrial Zoning District. The parcels/sites that are with the scope of the IG under study make up a large portion of this Land Use area. This is the current voter approved policy for this district from the Land Use Element: “The General Plan provides for a mix of land uses for West Newport Mesa that include office, research, convalescent care, and retail facilities supporting Hoag Hospital, a consolidated light industrial district where non-water-dependent marine-related businesses would be encouraged to locate, enhanced housing opportunities, and supporting retail commercial services. While distinct sub-districts are defined by the Land Use Plan, the assembly and planning of multiple parcels across these districts to create a unified center that is linked by pedestrian walkways, parklands, and other amenities is encouraged.” This amendment seems rather subjective, lacks facts that substantiates the rationale behind this proposal and there is no mention of the material benefits to the community e.g., quality of life and sustainability of current businesses. This amendment also goes against the current General Plan. Furthermore, the Housing Element Update Advisory Committee has identify West Newport as an opportunity site for dwelling units. I don’t think this amendment is at all timely given the pace at which this committee is moving to meet the October 2021 deadline. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) I also want to ask if there was outreach to the current business owners located in this zone. I think there should be some TLC from the City regardless of whether or not the City did what was required in terms of noticing all businesses in this area. Has staff documented all the business that currently reside there including the make-up of these current businesses? I believe that an understanding of the “baseline/current state” of this area is essential to making any decision regarding an amendment. Additionally, this zoning amendment seems to benefit only one winery, Orange Coast Winery, located at 869 W. 16th Street. I’ve walked the IG zone in question and have attached a document with images and notations. There were a couple of startling discoveries including the number of current businesses operating in the IG zone under study. I also observed the NB 16th Street Recreation Center is directly across the street from Orange Coast Winery along with another gym, GRIT Gym. Another discovery is that a parcel within this zone is between Coastline Community College and Carden Hall. I saw the reference to 500’ from any school but this seems like pushing the envelope with a parcel in the middle of two educational institutions. This proposed zoning change is also adjacent to Hixon Metals on Production Place, which has come under scrutiny with the Regional Air Quality Board. Hixon has received air quality violation notices. I am not sure if these violations have been resolved. In closing, I ask that you deny this amendment. It is overreaching and not well thought out in terms of adhering to current Land Use policy, the potential impact to current businesses (who may not know this is before the City for approval), the Housing Element Update, outreach to current business owners, and that this amendment is precedent setting that could ultimately result in a lot of negative impacts to this area. More work is needed or this should all wait for the Housing Element Update Advisory Committee to get further along in their evaluation of opportunity sites. I want to apologize in advance if I’ve misinterpreted the mapping schematic of the proposed amendment. Thank you for your consideration. Sincerely, Dorothy Kraus Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Land Use Element Newport Beach General Plan 3-76 LU 6.5.2 Active Community Park Accommodate a community park of 20 to 30 acres that contains active playfields that may be lighted and is of sufficient acreage to serve adjoining neighborhoods and residents of Banning Ranch, if developed. (Imp 3.1, 4.1) LU 6.5.3 Habitat and Wetlands Restore and enhance wetlands and wildlife habitats, in accordance with the requirements of state and federal agencies. (Imp 3.1, 4.1, 14.7, 14.11) DESIGN AND DEVELOPMENT LU 6.5.4 Relationship of Development to Environmental Resources Development should be located and designed to preserve and/or mitigate for the loss of wetlands and drainage course habitat. It shall be located to be contiguous and compatible with existing and planned development along its eastern property line, preserving the connectivity of wildlife corridors, and set back from the bluff faces, along which shall be located a linear park to provide public views of the ocean, wetlands, and surrounding open spaces. Exterior lighting shall be located and designed to minimize light trespass from developed areas onto the bluffs, riparian habitat, arroyos, and lowland habitat areas. (Imp 3.1, 4.1) LU 6.5.5 Public Views of the Property Development shall be located and designed to prevent residences on the property from dominating public views of the bluff faces from Coast Highway, the ocean, wetlands, and surrounding open spaces. Landscape shall be incorporated to soften views of the site visible from publicly owned areas and public view points. (Imp 3.1, 4.1) STRATEGY LU 6.5.6 Coordination with State and Federal Agencies Work with appropriate state and federal agencies to identify wetlands and habitats to be preserved and/or restored and those on which development will be permitted. (Imp 14.7, 14.11) West Newport Mesa The West Newport Mesa area contains a mix of residential, office, retail, industrial, and public uses. It is immediately abutted by Hoag Hospital, the City of Costa Mesa to the north, and Banning Ranch to the west. Development in the area dates back to the mid-twentieth century. Hoag Hospital is a major activity center that continues to affect development in the area. It generates a strong market for the development of uses that support the hospital’s medical activities such as doctors’ offices, convalescent and care facilities, medical supply, pharmacy, and similar uses. Retail commercial uses serve medical purposes, as well as nearby residents. Northern portions of the area are largely developed with light manufacturing, research and development, and business park uses. In many respects, these transition with comparable patterns of Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Land Use Element Newport Beach General Plan 3-77 development in the Westside Costa Mesa area to the north. A number of Newport Beach’s marine- related businesses have relocated to the area over recent decades as coastal land values have escalated. Most of the properties are developed for single business tenants and have little landscape or architectural treatment, typical of older industrial districts of Southern California. Office and commercial buildings in West Newport Mesa The majority of properties between the industrial uses and medical center are developed with multi- family uses, including a few mobile home parks. The latter represent a resource of affordable housing in the City. These are interspersed with a school and other civic uses. The area’s considerable mix of uses is not always complementary, nor at its edges where it abuts residential neighborhoods and other uses. Visioning process participants indicated that the West Newport Mesa area would benefit from revitalization. The development of additional medical offices and other facilities supporting Hoag Hospital and additional residential units were widely endorsed. Participants were divided in their support for the retention of industrial uses. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Land Use Element Newport Beach General Plan 3-78 Policy Overview The General Plan provides for a mix of land uses for West Newport Mesa that include office, research, convalescent care, and retail facilities supporting Hoag Hospital, a consolidated light industrial district where non-water-dependent marine-related businesses would be encouraged to locate, enhanced housing opportunities, and supporting retail commercial services. While distinct sub-districts are defined by the Land Use Plan, the assembly and planning of multiple parcels across these districts to create a unified center that is linked by pedestrian walkways, parklands, and other amenities is encouraged. Goal LU 6.6 A medical district with peripheral medical services and research facilities that support the Hoag Hospital campus within a well-planned residential neighborhood, enabling residents to live close to their jobs and reducing commutes to outlying areas. Policies LAND USES (refer to Figure LU18) LU 6.6.1 Hospital Supporting Uses Integrated with Residential Neighborhoods Prioritize the accommodation of medical-related and supporting facilities on properties abutting the Hoag Hospital complex [areas designated as “CO-M (0.5)” (Figure LU18, Sub-Area A)] with opportunities for new residential units [areas designated as “ RM(18/ac)”] and supporting general and neighborhood-serving retail services [“CG(0.75)” and “CN(0.3)”] respectively. (Imp 2.1) LU 6.6.2 Residential Types Promote the development of a mix of residential types and building scales within the densities permitted by the “RM” (Figure LU18, Sub-Area C) designation, which may include single-family attached, townhomes, apartments, flats, and comparable units. Residential densities may be increased on a property as a means of promoting a variety of housing types within Newport Mesa, provided that the overall average density of 18 units per acre is not exceeded. (Imp 2.1) STRATEGY LU 6.6.3 Cohesive and Integrated Medical Campus Development Work with property owners and encourage the development of a master plan for streetscape, pedestrian, signage, and other improvements that contribute to a definable district. Land use boundaries delineated on the Land Use Diagram may be modified by a specific plan to achieve cohesive districts that integrate a variety of land uses. (Imp 3.1, 4.1) Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Land Use Element Newport Beach General Plan 3-79 LU 6.6.4 Livable Residential Neighborhood Work with property owners and encourage the preparation of a master plan for the residential neighborhood defining park and streetscape improvements that provide amenity for local residents and enhance the area’s identity. (Imp 3.1, 4.1) Goal LU 6.7 A general industrial district that transitions between the Hoag Hospital medical and residential community and industrial uses in the City of Costa Mesa, providing opportunities for needed uses that cannot be accommodated elsewhere in Newport Beach. Policies LAND USES [designated as “IG(0.75),” refer to Figure LU18, Sub-Area B] LU 6.7.1 Primary Uses Encourage the development of small-scale incubator industries. (Imp 2.1, 24.1) LU 6.7.2 Marine Based Businesses Encourage and provide incentives for the relocation of marine-based Newport Beach businesses, including boat storage and recreational vehicles, to properties retained for industrial purposes. (Imp 2.1, 24.1) Balboa Peninsula The Balboa Peninsula comprises a series of districts linked by the Newport Boulevard/Balboa Boulevard commercial and residential corridor. These include Lido Village, Cannery Village, McFadden Square, Balboa Village, and surrounding residential neighborhoods. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) C RM18/ac IG0.75 CO-M0.5 CO-M0.5 CO-M RM18/ac CO-M0.5A C A D B PF PI0.75 RM18/ac RM18/ac CN0.3 CG0.75 74 IG0.5 CO-M0.49 S U P E R I O R A V E 1 6 T H S T W O L D N E W P O R T B L V D H O S P I T A L R D 1 5 T H S T W B A B C O C K S T T I C O N D E R O G A S T F L A G S H I P R D P R O D U C T I O N P L P A T R I C E R D D A N A R D B O L E R O W A YO R I O N W A Y S P I N D R I F T W A Y B E A C O N S T C RM18/ac IG0.75 CO-M0.5 CO-M0.5 CO-M RM18/ac CO-M0.5A C A D B PF PI0.75 RM18/ac RM18/ac CN0.3 CG0.75 74 IG0.5 CO-M0.49 S U P E R I O R A V E 1 6 T H S T W O L D N E W P O R T B L V D H O S P I T A L R D 1 5 T H S T W B A B C O C K S T T I C O N D E R O G A S T F L A G S H I P R D P R O D U C T I O N P L P A T R I C E R D D A N A R D B O L E R O W A YO R I O N W A Y S P I N D R I F T W A Y B E A C O N S T CITY of NEWPORT BEACHGENERAL PLAN PROJECT NUMBER: 10579-01 Source: City of Newport Beach and EIP Associates Date: 12/12/06 P A C I F I C O C E A N ?sE A°E %&l( Figure LU18WEST NEWPORT MESA 0 500250Feet Sub-Area Tidelands andsubmerged lands City Boundary Highway !Refer to anomalytable 7N LAND USE POLICY Multi-Family ResidentialCMedical-Related UsesA Neighborhood andGeneral CommercialDBGeneral Industrial February 2012 Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 1 Prepared by Dorothy Kraus Proposed Zoning Change – Item 3, PC Agenda 7-23-20 for reference Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 2 Orange Coast Winery – 869 W. 16th Street Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 3 Another adjacent entrance to West Coast Winery. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 4 Photo taken of block of businesses in the area of study on 16th Street. This block of businesses extends to Monrovia. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 5 City of Newport Beach 16th Street Recreation Center, directly across the street from Orange Coast Winery. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 6 Businesses in area of study along east side of Monrovia. Cross street 16th St/Prod. Place. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 7 More businesses on west side of Monrovia in scope of proposed amendment. Cross street 16th street. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 8 Carden Hall, located on Monrovia just south of Production Place. Arrow points to parcel in IG zone. Coastline Community College on far left. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 9 Production Place looking toward 16 Street from Monrovia. This area is in the proposed IG zone amendment. Look closely for white truck tuning onto Production from Placentia to get the perspective of scope of this proposed amendment. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) 10 Hixon Metals on Monrovia near 16th Street. Planning Commission - July 23, 2020 Item No. 4a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) From:SANDRA L AYRES To:Planning Commissioners; Avery, Brad; Blumenthal, David(Contractor) Subject:Agenda item 3, Industrial zone changes Date:Wednesday, July 22, 2020 10:39:11 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Chair Koetting and Planning Commissioners The West Newport area has been a source of concern for awhile. Yet, in the past number of years there has seen an improvement slow with good relations between industrial concerbns, schools, and housing. All three aspects of the neighborhood have an important part to play in the quality of life for Newport Beach. The Industrial Zone is an important part of our community. The small business livelihoods add to the population and talent of our resident base and the services they offer add to the local quality of life of all residents. By making it more difficult for these types of businesses to exist in our town, it negatively affects all of us. By changing the Zoning, it will most likely cause rents to increase, further increase burden on parking in the area (Industrial parking req are quite a bit less) and begin the push out of these businesses. Three schools and a Neighborhood Center are in the neighborhood. They do have their own parking and have had a conducive relationship in the Zoning area. There has already been increased alcohol sales in the area with the changes allowed at the 76 station on Placentia and Superior. Adding more alcohol sales in the area further risks the lives of those living and enjoying family/scholastic pursuits. There are other areas of town where these types of businesses can exist without these negative impacts. I ask that the Industrial Zoning District Code Amendment be denied. Sincerely, Sandra Ayres Planning Commission - July 23, 2020 Item No. 4b Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) July 23, 2020, Planning Commission Item 4 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 4. INDUSTRIAL ZONING (IG) ZONING DISTRICT CODE AMENDMENTS (PA2020-042) It seems strange the staff report does not mention the very similar item allowing “brew pubs” in the IG district that advanced to the City Council as proposed Ordinance No. 2018-4 (Item 9 on May 8, 2018), only to be unanimously rejected by them (see minutes). Commissioners reading pages 29 or 34 of the present staff report will appreciate this is still not a universally popular idea with the City Council, the resolution to devote staff time to exploring even the possibility of allowing tasting rooms in the IG district having been adopted on a 4:3 vote. Moreover, despite what the staff report asserts, the proposal as drafted seems to me to be inconsistent with the General Plan: 1. Tasting Rooms are clearly not a “moderate to low intensity industrial use” as generally required by the definition of the “IG” land use category on page 3-13 of the Land Use Element. 2. It is likewise not a “small-scale incubator industry,” the primary intended use of the land use category per Policy LU 6.7.1 (page 3-79 of the Land Use Element). 3. Nor is there anything I can find in the ordinance as drafted that requires them to be “ancillary” to such a use in the IG area, which seems to be the only exception allowed by the General Plan definition. 4. On the contrary, it seems a clearly commercial use for which the General Plan provides and designates a variety of other areas. 5. Finally, although I can find nothing in the ordinance as drafted that enforces it, page 3 of the staff report contains the curious observation that under the Type 2 ABC license “No production is allowed at the tasting room site.”1 This seems completely contrary to the purpose of the IG category, which is to provide a place for industrial production. As to the substance of the draft resolution: 1. In the proposed footnote of Section 2 of the proposed amendments (agenda packet page 12), to avoid uncertainty, “from 12:00 p.m. to 11:00 p.m.” should be replaced with “from noon to 11:00 p.m.” 2. Section 3 (starting on the same page), includes a great deal of text only one part (Subsection F beginning on page 15) is actually a change. Although seeing the context 1 I have not been able to find much clarity on the details of the Type 2 license on the ABC site. Planning Commission - July 23, 2020 Item No. 4b Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) July 23, 2020, PC agenda Item 4 comments - Jim Mosher Page 2 of 2 is useful, for the ordinance, showing only the part actually being amended might be clearer (in case inadvertent changes have been made to other parts). a. t might also be noted that one change (to Subsection E) is correcting an existing typo unrelated to the subject of the present ordinance. 3. The reference in Subsection F to “subsections (A) through (E)” implies that the standards for wine tasting rooms are in addition to, and therefore stricter than, those for bars, nightclubs, and lounges (Subsection E), including that the activity must take place in a soundproofed room. If that is what is intended, fine. Otherwise Subsection E should not be referenced. 4. Paragraph “4” on page 16 appears to have an unintended comma after the verb “exhaust.” 5. Paragraph “5” on page 16 seems a bit strange: private events are allowed as long as they are open to the public? Additional points lacking clarity: 1. Is a “W ine Tasting Room” confined to a room inside a larger building, as the name implies? 2. Is there any limit on the allowable floor area? 3. Can the tasting operation have an outdoor component or must it be entirely indoors? Finally, per the rules of NBMC Subsection 20.12.020.E.1.d (“Unlisted Uses of Land”), adding “Wine Tasting Rooms” as an allowable use in the IG Zoning District, means an application for wine tasting room (which could come from any winery holding a Type 2 wine-growers license) cannot be approved in any other zoning district unless the code for that district is amended to explicitly include W ine Tasting Rooms as an allowable use there. This forcing of a commercial/retail/marketing use into an industrial district is extremely strange. Planning Commission - July 23, 2020 Item No. 4b Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) From:surflaw@aol.com To:Planning Commissioners Cc:Blumenthal, David(Contractor); Campbell, Jim; Muldoon, Kevin; Avery, Brad Subject:PA2020-042 - Industrial Zone District Code Amendment Date:Thursday, July 23, 2020 10:10:49 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Ladies and Gentlemen: This office represents Orange Coast Winery. I apologize for the late communication but i only received a copy of Ms. Kraus' correspondence objecting to the hereinabove referenced amendment last night. I am troubled by some of the misstatements and misleading innuendo contained in Ms. Kraus' objection to the proposed amendment to the Industrial Zoning District. First, Ms. Kraus does not even live in the area and while she is, obviously, entitled to her opinion, its relevance would seem to dissipate with her distance from the area. Second, contrary to her objection, the staff report contains numerous references to how the amendment would enhance the quality of life in the area and contribute to the sustainability of current businesses. In fact, there is a comprehensive section in the staff report dealing with the history of the business currently operating at the location. Third, the reference in the correspondence to housing needs and uses in the area is purely speculative and premature. Fourth, the location is outside the 500' parameter established by the amendment and, given the restrictive hours of operation, are counter to the times that schools, other businesses and allowable activities would be permitted. There is no overlap and no conflict. Fifth, the reference to Hixon Metals is completely irrelevant given that the correspondence alleges that the business has "come under scrutiny" but does not cite any specific violations or liabilities. Furthermore, the activities of a metal processing company are completely different than the activities envisioned by the amendment and there is no basis to relate the two activities. And finally, it appears that Ms. Kraus has only reviewed selected portions of the staff report. She questions whether or not there was outreach to current business owners located in the district. The staff report clearly states that notice of the amendment was publicized in a manner "consistent with the provisions of the municipal code." Given the extensive work done by staff, and especially Mr. Blumenthal, in developing a zoning amendment that works for both the area under consideration and the city as a whole, it is respectfully requested that the Planning Commission approve the proposed zoning change consistent with the staff recommendation. Phillip B Greer Esq. Counsel for Orange Coast Winery (949) 584-9379 Planning Commission - July 23, 2020 Item No. 4c Additional Materials Received After Deadline Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) From:Richard Allred - Toes on the Nose Inc. To:Planning Commissioners Subject:IG Code Amendment Date:Thursday, July 23, 2020 2:24:21 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To Newport City Planners, I’m the property owner and business owner of Toes on the Nose located at 1537 Monrovia Avenue in Newport Beach, Ca. We are so blessed to thrive in this burgeoning community. The IG has become a dynamic and progressive mix of businesses, coffee shops, gyms, schools, and future residences that coexist in a very special way. As we all have become less dependent on our vehicles and spend more of our time walking and riding bikes within our communities extending amenities will help the neighborhood grow and flourish well into the future. I’ve become aware of the proposed Code Amendment to allow for wine tasting rooms with the Industrial Zoning (IG) District. While I’m in favor of the zone amendment, I’m very opposed the stipulation that a 500ft separation from any school must exist for the property owner to have the future opportunity. As it is proposed it would deny any future wine tasting rooms within that 500ft radius thus denying potential value to the many businesses that fall within that range. The Current Newport Beach Wine Company albeit 510 feet away is a great asset to the neighborhood and example of responsible boutique wine tasting room. It is only fair to extend a similar potential business within the 500ft range considering the operation hours and the fact that the school is fenced. Unfortunately, I will be unable to attend tonight’s meeting but asked you to consider the entire IG for the use assuming all the other conditions in the amendment are adhered to. Respectively submitted Richard Allred Toes on the Nose 1537 Monrovia Ave Newport Beach, Ca This email has been checked for viruses by Avast antivirus software. Planning Commission - July 23, 2020 Item No. 4c Additional Materials Received After Deadline Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) From:Dorothy Kraus To:Jurjis, Seimone Cc:Summerhill, Yolanda; Planning Commissioners; City Clerk"s Office; Blumenthal, David(Contractor); Avery, Brad Subject:20-1103 INDUSTRIAL ZONING (IG) ZONING DISTRICT CODE AMENDMENTS (PA2020-042) Date:Sunday, July 26, 2020 2:13:18 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Seimone, I have a procedural question related to the 500’ change to the proposed amendment to the IG Zoning District Code, which was approved by the Planning Commission at the July 23 meeting. Isn’t the procedure that whenever there is an approved change to the original proposal, that the Planner or the CD Director, summarizes where the changes will occur in the documentation? Also, does the revised documentation have to go back to the PC for review before making their final recommendation to the Council? Thank you for your time in this matter. Sincerely, Dorothy Kraus Planning Commission - July 23, 2020 Item No. 4d Additional Materials Received After Deadline Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Wine Tasting Rooms in the IG Zone Planning Commission July 23, 2020 Planning Commission - July 23, 2020 Item No. 4e Additional Materials Presented at Meeting Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) ABC Type 2 License Community Development Department -Planning Division 2 Winery -Master License -On-Site Production Wine Tasting Room -Duplicate License -No Production -On-or Off-Site Consumption -Only sale wine produced at Winery Planning Commission - July 23, 2020 Item No. 4e Additional Materials Presented at Meeting Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 3 Industrial Zoning District (IG) IG IG IG IG IG Planning Commission - July 23, 2020 Item No. 4e Additional Materials Presented at Meeting Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Wine Tasting Rooms No beer or distilled spirits Allows on-or off-site consumption Cannot operate as restaurant No live entertainment Hours of Operation Limits Monday through Friday from 4:00 p.m. to 11:00 p.m. Saturday and Sunday from 12:00 p.m. to 11:00 p.m. Separation Requirements Community Development Department -Planning Division 4 Planning Commission - July 23, 2020 Item No. 4e Additional Materials Presented at Meeting Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 5 Separation from Schools 500 Feet Planning Commission - July 23, 2020 Item No. 4e Additional Materials Presented at Meeting Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Separation Between Wine Tasting Rooms Community Development Department -Planning Division 6 Planning Commission - July 23, 2020 Item No. 4e Additional Materials Presented at Meeting Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Recommended Action 1.Conduct the public hearing 2.Find this action is exempt/not subject to CEQA 3.Recommend City Council approve Code Amendment Community Development Department -Planning Division 7 Planning Commission - July 23, 2020 Item No. 4e Additional Materials Presented at Meeting Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) For more information Contact Questions? David Blumenthal, AICP 949-644-3204 dblumenthal@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 8 Planning Commission - July 23, 2020 Item No. 4e Additional Materials Presented at Meeting Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042)