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HomeMy WebLinkAbout17 - Zoning Code Amendment to Allow the Operation of Wine Tasting Rooms within the Industrial Zoning (IG) District (PA2020-042) - CorrespondenceReceived After Agenda Printed February 23, 2021 Item No. 17 From: City Clerk's Office Sent: Monday, February 22, 202110:38 AM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Notice of Public Hearing Rezoning of Industrial Zone From: Skip Elliott Sent: Monday, February 22, 2021 10:37:56 AM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: Notice of Public Hearing Rezoning of Industrial Zone [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. City of Newport Beach Honorable Mayor, Members of City Council Dear City Council, Since 1984 we have been property and business owners on Production Place, making us one of the longest term owners and occupants in the west side industrial district. We are surrounded by schools and new residential areas. Change is any area is natural. Unfortunately, many of the changes occurring during the past 10 years have been detrimental to the industrial district: a serious lack of on-site parking; a significant increase in homeless people; and random vandalism to all our properties. The LAST thing we need in the industrial district is businesses that sell alcoholic beverages. We have no confidence that the City can provide additional law enforcement to our area that will protect our property, employees and customers. We should not be burdened by having to hire private security to protect our property due to the consequences of having businesses serving alcoholic beverages in our area. Please consider the negative affects that businesses serving alcoholic beverages bring along with them. We don't need these problems! Sincerely„ Raymond (Skip) Elliott 870-864 Production Place Newport Beach, Ca 9263 Received After Agenda Printed February 23, 2021 Item No. 17 From: City Clerk's Office Sent: Monday, February 22, 202110:50 AM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Notice of Public Hearing Rezoning of Industrial Zone From: tule0l@charter.net Sent: Monday, February 22, 2021 10:49:52 AM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office Subject: Notice of Public Hearing Rezoning of Industrial Zone [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. City of Newport Beach Honorable Mayor, Members of the City Council Dear City Council, Our building and business is one of the oldest of the industrial area. We have been in the marine supporting business along with several others that service the harbor industries. The harbor is a major reason our city special is so special. Change can be good, but I don't see how combining residences, schools, manufacturing and now the entertainment industry is a win. Put the entertainment in the areas that already exist. This will facilitate the policing of those issues. Sincerely, Stephanie Elliott 870-864 Production Place Newport Beach, Ca 92663 Received After Agenda Printed February 23, 2021 Item No. 17 Subject: FW: Orange Coast Winery - May I Have A Moment Of Your Time Before Tuesday's City Council Meeting From: Peter Swanson <peter.swanson@orangecoastwinery.com> Sent: Monday, February 22, 20212:28 PM To: Jurjis, Seimone <siuriis@newportbeachca.gov> Cc: Campbell, Jim <JCampbell@newportbeachca.gov>; Sheri Swanson <sheri.swanson@oraneecoastwinery.com> Subject: Orange Coast Winery - May I Have A Moment Of Your Time Before Tuesday's City Council Meeting [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Mr. Jurgis. My wife and I are the owners of Orange Coast Winery. Late last week I received the agenda package for Tuesday's city council meeting containing numerous attachments regarding the history of our non-compliance issue. There are statements in the City Council and Planning Commission minutes that I want to clarify: • the owner knowingly operating/ expanding his business illegally • questioning if the city should award the owner for operating illegally. Note - These are comments by the Council and public callers; not the Community Planning Department. Here is my request: I don't know if these types of statements will come up tomorrow but if they do I simply would like you to clarify that the owner who may have operated "illegally" was the previous owner and not Sheri and me. We have been working on this issue with you for 21 months now -- including 11 months and counting of a Covid Closure -- so here is a brief timeline to provide you the context. • My wife and I purchased Orange Coast Winery (OCW) in 2020: the deal formally closed on 4/10/20. This was 3 weeks after we closed the tasting room due to Covid-19. • One=year earlier (Q2-2019), we reached an agreement in principle to purchase OCW from the previous owner. • We envisioned upgrading and expanding the operation. Before the purchase deal closed and to do everything properly, I hired an architect and asked him to learn what NB permits were needed. • Our architect went to the planning department around June 2019. This triggered an invitation to City Hall by Jim Campbell to explain the non-compliance issue to me and discuss options. It was decided in another City Hall meeting on July 9th that I had two options, return OCW to the permitted operation or find another location. • We then met and cooperated with Mr. Brian Contino as we went through several extensions to our cease-and-desist orders. I am sure you know the rest of the history since then. Since my first meeting with Mr. Campbell, OCW has complied with every instruction given by the Community Development Department, we have been transparent in our actions, and cooperative. I did elect to complete the purchase of OCW with clear eyes that I may have to move my location. Thank you for the privilege of your time. As a former corporate executive, I have significant experience in observing organizations; both good and bad. I have been impressed with every person in your organization that I have worked with. Mr. Campbell and Mr. Contino have been exceptionally professional. Let me know if you require any further clarification or information. Peter and Sheri Swanson Owners, Orange Coast Winery (949) 645-0400 orangecoastwiner 869 W. 16th Street, Newport Beach, CA 92663 O f` Received After Agenda Printed February 23, 2021 Item No. 17 From: Rieff, Kim Sent: Monday, February 22, 20213:55 PM To: Mulvey, Jennifer Subject: FW: Rezoning of the commercial district From: RYAN A MILLETT <ramillett@sbcglobal.net> Sent: Monday, February 22, 20213:08 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Rezoning of the commercial district [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To who this may concern, We have owned the business property at 834 Production pl. and operated our plastic manufacturing company since 1988. It is very disturbing the way planning has been trying to change this area for the worst. We have a very serious parking issue on this block that planing has continued to make worse! With this zoning change it will make the parking problem way worse then it already is on top of more trash in the gutters (street sweeping can not clean the street due to constant parking congestion) and more rift raft wondering around intoxicated. I formally object to your zoning proposal to add a wine tasting room. If you have any further questions please feel free to contact me. Thank You Ryan Millett President Robert A. Millett Co. (949)244-5337 http://www.ociniectionmolding.com Received After Agenda Printed February 23, 2021 Item No. 17 From: Rieff, Kim Sent: Monday, February 22, 20213:55 PM To: Mulvey, Jennifer Subject: FW: Rezoning of industrial district From: Richard Straman <schoonerastor@gmail.com> Sent: Monday, February 22, 20213:54 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Rezoning of industrial district [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To whom it may concern, My name is Richard Stramanl, I am the owner of the industrial property at 840 Production PI. I cannot attend your meeting about the possible zoning change to our industrial area because of concerns about covid-19. It is hard to believe that you want to allow wine tasting businesses (another name for a bar) in this area. Our street already has horrible parking problems because of Hixson Metal finishing and the new Condo project on Placentia that was designed without adequate parking and allowed by the city. How can you expect our businesses to continue to exist when there will be even less available parking? It is not just the parking that will be the problem, there will be late night drinking and partying that will increase the amount of crime and vandalism. I can only think that the city is doing this because you want more tax revenue regardless of the consequences. In closing I strongly oppose this change of use. It may be time for the businesses in the zone to band together to show a strong voice in this matter. Respectfully, Richard Straman (49-355-3167 Received After Agenda Printed February 23, 2021 Item No. 17 From: Jean Wanlass To: City Clerk"s Office Subject: IG Zoning District Code Amendments: Wine Tasting Room Proposal Comments Date: Monday, February 22, 20214:53:52 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Honorable Mayor and Members of the Newport Beach City Council: My family has owned and worked out of our commercial building at 871 to 877 Production Place for over two decades, We purchased in this area because it is ideal for light manufacturing, research and development. We are very concerned by the effort to allow a wine tasting room, by all known tests a bar, to operate within our industrial zoning district. We urge you to please vote NO on Ordinance 2021-6: Zoning Code Amendment to allow Wine Tasting Rooms within the Industrial Zoning (IG) District (PA -2020-042). Our concerns are as follows: PURPOSE: This proposed change will drastically alter the purpose of the neighborhood. If the industrial zone (and the schools adjacent to it) is destined to become an entertainment area, the proper place for this discussion is the city's general plan. Please allow the property and business owners to discuss our future in the proper forum. PREFERENTIAL TREATMENT: Modifying the entire district's zoning to accommodate one business that is currently in violation of the rules is neither logical nor just. The line between "tasting room" and "bar" is tenuous at best, and allowing one will eventually open the door to the other. For example, how do "brew pubs" and "microbreweries" fit into this ordinance? Are we discriminating against beer brewers by only allowing wineries to operate tasting rooms in the IG? While we understand the definitions are dictated by the Alcohol and Beverage Commission rules, the point is clear that this is shortsighted and reactive policymaking. PRECEDENT: In 2018, the City Council and Planning Commission voted down a similar proposal to PA2020-042. How many times do we have to revisit this issue? PARKING: Parking is extremely limited in the IG Zone. Some locations have enough parking on site, but the proposed amendment effectively changes the zoning of the entire district, with or without the 500 -foot competing business and school separation rules. A study of the narking situation on Production Place should be conducted before changing the zoning to allow new uses of our industrial district. Please review the parking requirements for the current businesses in the area. You will find that due to some non -conforming businesses, there is no street parking available. In recent months, parking has improved somewhat during the COVID-19 pandemic due to work -from -home habits, but it will undoubtedly worsen as more workers return to the office and schools resume group gatherings (see below). PUBLIC SAFETY: There is no discussion of the city providing additional police presence in the area. Drinking establishments by any name require a significant allocation of city resources. The statement that this change to the IG zoning has no fiscal impact is incorrect. Please remember that in addition to daily usage by workers, owners and residents, SCHOOLS frequently hold late afternoon and evening events on campus, so families attending sports games, teacher conferences and special programs will compete for street parking and share sidewalks with wine tasters. Sincerely, Gordon and Jean P. Wanlass Received After Agenda Printed February 23, 2021 Item No. 17 Elliott Loft, LLC 870 Production Place Newport Beach, CA 92663 (949) 642-5415 City of Newport Beach Honorable Mayor, Members of the City Council. Subject: Industrial Zoning District Code Amendments (PA2020-042) • Zoning Code Amendment No. CA2020-005 Dear city council members; This letter is in response to the proposal to allow "Wine Tasting Rooms" or bars in the Industrial District. Executive Summary The proposed use is incompatible with the Industrial District. Parking issues, environmental concerns and allowing bars into the Industrial District are detrimental to the business environment and property values. History We are the last sailmakers left in Newport Beach. We go back 4 generations. Our family has served the greater Newport Harbor boating community for over 50 years. In 1971, my father started his sail loft on the Balboa Peninsula. He later purchased the industrial building located at 864-870 Production Place and moved there in 1983. Since that time, we have operated a sail loft in a portion of the building. During this time, we have seen the area become congested and disordered. Study Area We believe the "piecemeal" approach to zoning, creates some serious issues and problems, impacting our property values. The current Zoning Amendment is a good example. The problem in this case is that there is a business which is currently non-compliant with their current use. The business started as a manufacturer of wine and then changed use to became a bar. The original use was never intended to be a bar. There is no justification for re -zoning the entire neighborhood to fix a problem that should not exist in the first place. This is creating future unintended consequences for the entire neighborhood. Re -zoning now before the city has updated the General Plan for the area, just adds another layer of confusion to an already chaotic area. We are asking the City Council to do what is best for the IG area and allow this issue to be determined under the upcoming City Planning update as proper planning should be and not as is currently being done at the behest of special interests. We believe the proposed incompatible use brings to the forefront the need to perform a study of the entire Industrial District. The City and stakeholders must begin the process to determine the highest and best uses for the properties located in the Industrial District. The current direction the city is taking is creating unintended hardships to local owners and businesses through a lack of proper planning. The current amendment is inadequate in the following areas; • How parking will be impacted by adding bars to the area. • Enforcing hours of operation and public intoxication. • Security and protection of neighboring properties: trash, special events, public urination, and property damage. Elliott Building, LLC and Elliott Loft, LLC reserve the right to bring all legal actions available to us based on the above objections to the proposed project. Conclusion Thank you very much for considering our concerns and comments regarding not only the current amendment but also the Industrial District. We desire to continue operating our sail loft in our building. The question is whether these endless incompatible zoning amendments will allow us to continue our long tradition of service to the city and the greater Newport Harbor community. Sincerely, Ian Elliott Elliott Loft, LLC Received After Agenda Printed February 23, 2021 Mulvey, Jennifer Item No. 17 From: Rieff, Kim Sent: Wednesday, February 24, 20217:40 AM To: Mulvey, Jennifer Subject: FW: INDUSTRIAL ZONING DISTRICT CODE AMENDMENT PA2020-042 From: Reid Washbon <reidwashbon@earthlink.net> Sent: Tuesday, February 23, 20215:28 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: RE: INDUSTRIAL ZONING DISTRICT CODE AMENDMENT PA2020-042 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. City of Newport Beach Honorable Mayor, Members of the City Council RE: INDUSTRIAL ZONING DISTRICT CODE AMENDMENT PA2020-042 Dear City Council, I am concerned about allowing Wine Tasting Rooms, by all known tests as bars, to operate within the industrial zoning district. Parking on Production Place particularly is impacted already from what appears to be inadequate overflow parking at both Newport Villa Apartments & Ebb Tide Townhomes. Also people who have been consuming alcohol until late hours, milling about the street & ultimately driving home poses a concern. More needs to be studied before allowing substantial changes to to this largely industrial & quiet neighborhood. Sincerely, Reid Washbon Received After Agenda Printed February 23, 2021 Mulvey, Jennifer Item No. 17 From: City Clerk's Office Sent: Tuesday, February 23, 202110:14 PM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: IG Zoning District Code Amendments: Wine Tasting Room Proposal Comments From: Jean Wanlass Sent: Tuesday, February 23, 2021 10:13:23 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office; Dept - City Council Subject: Fwd: IG Zoning District Code Amendments: Wine Tasting Room Proposal Comments [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. RE: Feb. 23, 2021 Public Hearing to discuss Proposed Ordinance 2021-6: Zoning Code Amendment to allow Wine Tasting Rooms within the Industrial Zoning (IG) District (PA -2020-042) Dear Clerk Brown and the Newport Beach City Council members: As requested in the mailing my business received from the CNB City Clerk postmarked Feb. 13 2021, at 4:53 pm on Feb. 22, 1 forwarded my written comments below to citvclerk@newportbeachca.gov, prior to the 5:00 p.m. deadline. However, when I reviewed the City Council Meeting Agenda Packet, page 11, 1 did not see my email included in the comments link. Please include my email in the information packet for tonight's meeting and for the second reading by Council on March 9, 2021. 1 also understand that Ian Elliott, another owner/resident, emailed you yesterday before the deadline, so please include his letter as well. Sincerely, Jean P. Wanlass 949-278-2314 ---------- Forwarded message --------- From: Jean Wanlass <ipwanlass@gmail.com> Date: Mon, Feb 22, 2021 at 4:53 PM Subject: IG Zoning District Code Amendments: Wine Tasting Room Proposal Comments To: <citvclerk@newportbeachca.gov> Dear Honorable Mayor and Members of the Newport Beach City Council: My family has owned and worked out of our commercial building at 871 to 877 Production Place for over two decades, We purchased in this area because it is ideal for light manufacturing, research and development. We are very concerned by the effort to allow a wine tasting room, by all known tests a bar, to operate within our industrial zoning district. We urge you to please vote NO on Ordinance 2021-6: Zoning Code Amendment to allow Wine Tasting Rooms within the Industrial Zoning (IG) District (PA -2020-042). Our concerns are as follows: PURPOSE: This proposed change will drastically alter the purpose of the neighborhood. if the industrial zone (and the schools adjacent to it) is destined to become an entertainment area, the proper place for this discussion is the city's general plan. Please allow the property and business owners to discuss our future in the proper forum. PREFERENTIAL TREATMENT: Modifying the entire district's zoning to accommodate one business that is currently in violation of the rules is neither logical nor just. The line between "tasting room" and "bar" is tenuous at best, and allowing one will eventually open the door to the other. For example, how do "brew pubs" and "microbreweries" fit into this ordinance? Are we discriminating against beer brewers by only allowing wineries to operate tasting rooms in the IG? While we understand the definitions are dictated by the Alcohol and Beverage Commission rules, the point is clear that this is shortsighted and reactive policymaking. PRECEDENT: In 2018, the City Council and Planning Commission voted down a similar proposal to PA2020-042. How many times do we have to revisit this issue? PARKING: Parking is extremely limited in the IG Zone. Some locations have enough parking on site, but the proposed amendment effectively changes the zoning of the entire district, with or without the 500 -foot competing business and school separation rules. A study of the parking situation on Production Place should be conducted before changing the zoning to allow new uses of our industrial district. Please review the parking requirements for the current businesses in the area. You will find that due to some non -conforming businesses, there is no street parking available. In recent months, parking has improved somewhat during the COVID-19 pandemic due to work -from -home habits, but it will undoubtedly worsen as more workers return to the office and schools resume group gatherings (see below). PUBLIC SAFETY: There is no discussion of the city providing additional police presence in the area. Drinking establishments by any name require a significant allocation of city resources. The statement that this change to the IG zoning has no fiscal impact is incorrect. Please remember that in addition to daily usage by workers, owners and residents, SCHOOLS frequently hold late afternoon and evening events on campus, so families attending sports games, teacher conferences and special programs will compete for street parking and share sidewalks with wine tasters. Sincerely, Gordon and Jean P. Wanlass