HomeMy WebLinkAbout01 - Vin Goat Minor Use PermitfiEWPOo COMMUNITY DEVELOPMENT DEPARTMENT
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PLANNING DIVISION
U$ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644 -3229
CgCIFURN�P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
June 27, 2012
Agenda Item 1
SUBJECT: Vin Goat Minor Use Permit - (PA2012 -051)
3326 E. Coast Highway
Minor Use Permit No. UP2012 -007
APPLICANT: John Bennett dba Vin Goat
PLANNER: Benjamin M. Zdeba, Planning Technician
(949) 644 -3253, bzdeba @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: CC (Commercial Corridor)
• General Plan: CC (Corridor Commercial)
PROJECT SUMMARY
A minor use permit to allow the establishment of a Type 20 (Off -Sale Beer and Wine)
and a conditional Type 42 (On -Sale Beer and Wine for Public Premises) Alcoholic
Beverage Control (ABC) license for an existing retail artisan cheese and specialty fine
food retail store. The conditional Type 42 license will allow the addition of tasting and
pairing classes as an accessory use.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2012 -007 (Attachment No. ZA 1).
• The applicant currently operates a 1,200 square -foot retail store selling artisan
cheese and specialty fine food. "Retail Sales" is a permitted use within the CC
(Commercial Corridor) Zoning District. The current hours of operation are from
10:00 a.m. to 6:00 p.m., Monday through Saturday, and from 11:00 a.m. to 4:00
p.m. on Sunday.
• The applicant proposes an off -sale beer and wine component to the existing
operation in order to complement the specialty packaged food sales.
• In conjunction with this license, the applicant is pursuing a conditional Type 42
(On -Sale Beer and Wine for Public Premises) ABC license to allow instructional
tasting and pairing classes after store hours between the hours of 6:00 p.m. and
9:00 p.m. within a 312 square -foot preparation area located in the rear half of the
tenant space.
• Although a Type 42 ABC license is listed within the Zoning Code as a license
type commonly issued to a bar establishment, the license will be restricted by the
California ABC with a condition that limits pours of beer and wine to a maximum
volume of two ounces.
• Due to the strict limitation on pours, the limited hours of operation, and the
conditions of approval placed on the application, the issuance of a restricted
Type 42 ABC license to conduct tasting and pairing classes is seen as an
accessory use to the existing retail store.
• Parking for the existing multi- tenant commercial building is located on a separate
parcel to the north of the property.
• The principal use of the structure will remain an artisan cheese and specialty fine
food retail store and the accessory on -sale beer and wine component (tasting
and pairing classes) will not intensify the use; therefore, there is no need for an
increase in required parking.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class
1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
proposed project involves the addition of beer and wine sales (accessory use) to an
existing retail store. Therefore, the use qualifies for a categorical exemption under Class
1.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights -of -way and waterways) including the
applicant and posted on the subject property at least 10 days prior to the decision date,
consistent with the provisions of the Municipal Code.
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APPEAL PERIOD: An appeal may be filed with the Director of Community Development
or City Clerk, as applicable, within fourteen (14) days following the date the action or
decision was rendered unless a different period of time is specified by the Municipal Code
(e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot line
adjustments, or lot mergers). For additional information on filing an appeal, contact the
Planning Division at 949 644 -3200.
Prepared by:
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Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant's Description and Justification
ZA 4 Police Department Memo
ZA 5 Site Plan and Floor Plan
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2012 -DRAFT
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012 -007 TO ADD OFF -SALE AND ON -SALE BEER AND
WINE FOR THE PURPOSE OF CONDUCTING TASTING
AND /OR PAIRING CLASSES IN A RETAIL STORE LOCATED
AT 3326 EAST COAST HIGHWAY (PA2012 -051)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by John Bennett dba Vin Goat with respect to property located at
3326 East Coast Highway, and legally described as Tract Number 323, Block S, Lots 1,
2, 3, and 4 requesting approval of a Minor Use Permit.
2. The applicant proposes beer and wine retail sales and tasting and /or pairing classes, in
conjunction with the existing retail store specializing in artisan cheeses. The request
includes the establishment of a Type 20 (Off -Sale Beer and Wine) and a Type 42 (On-
Sale Beer and Wine for Public Premises) Alcoholic Beverage Control (ABC) license.
3. The subject property is located within the CC (Commercial Corridor) Zoning District and
the General Plan Land Use Element category is CC (Corridor Commercial).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on June 27, 2012, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The project is categorically exempt under Section 15301, of the California Environmental
Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes
the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use. The proposed project involves the
addition of beer and wine sales (accessory use) to an existing retail store. Therefore, the use
qualifies for a categorical exemption under Class 1.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code,
the following findings and facts in support of the findings for a minor use permit are set forth:
Zoning Administrator Resolution No. ZA2012 -DRAFT
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Finding
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of
the Zoning Code.
Facts in Support of Finding
1. The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy
environment for residents and businesses is preserved. The addition of beer and wine is
intended for the convenience of patrons wishing to partake in tasting and /or pairing
classes taking place within the retail tenant space. Operational conditions of approval
recommended by the Police Department relative to the service of beer and wine will
ensure compatibility with the surrounding uses and minimize related impacts.
2. Due to the high concentration of commercial land uses, the calls for service, number of
arrests, and crime rate are greater than adjacent residential Reporting Districts;
however, the Newport Beach Police Department does not consider the number
significant given the type of development within this Reporting District.
3. The proposed use is not located in close proximity to day care centers, park and
recreation facilities, places of religious assembly, and schools; however, it is abutting a
residential zoning district. The addition of a conditional Type 42 license, coupled with the
limited hours of operation, is not considered or anticipated to be detrimental to the
neighboring residential properties. In accordance with the Section 20.48.030 (Alcohol
Sales) of the Newport Beach Municipal, the Police Department has reviewed the minor
use permit application and has added conditions to ensure that the design and security of
the tasting /preparation areas within the existing retail store are properly addressed.
4. The provision of off -sale beer and wine in conjunction with beer and wine tasting and /or
pairing classes to the designated area within the tenant space will not substantially
change the operational characteristics. The use authorized by this permit is not a bar,
tavern, cocktail lounge, nightclub or an establishment where live entertainment or
dancing is provided. The City has experienced land use conflicts, nuisance issues, and
issues requiring police intervention with these types of activities in the past. Prohibition
of these uses or activities will minimize potential land use conflicts, nuisances and
police intervention.
5. The retail store is located within a highly - traveled commercial area that is occupied by
a mixture of retail, service, and eating and drinking establishments.
6. There are two comparable establishments on Coast Highway which provide wine
tasting as an amenity to patrons. The beer and wine licenses requested are the same
as those obtained for said establishments and there is no evidence suggesting these
uses have been detrimental to the neighborhood.
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Zoning Administrator Resolution No. ZA2012 -DRAFT
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7. The retail store and preparation area are permitted in the CC (Commercial Corridor)
Zoning District. The off -sale and on -site consumption of beer and wine provides a public
convenience by allowing the tasting of beer and wine for sale in addition to specialty food
items offered for sale.
In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following
findings and facts in support of the findings for a minor use permit are set forth:
Finding
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding
1. The property is designated Corridor Commercial (CC) by the Land Use Element of the
General Plan. The CC designation is intended to provide a range of neighborhood -
serving retail and service uses along street frontages that are located and designed to
foster pedestrian activity. The retail store use and accessory tasting is consistent with
that designation.
2. The subject property is not part of a specific plan area.
Finding
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding
1. The retail sales use is consistent with the Commercial Corridor (CC) Zoning District,
which is intended to provide for areas appropriate for a range of neighborhood - serving
retail and service uses along street frontages that are located and designed to foster
pedestrian activity. The addition of off -sale beer and wine sales and on -site tastings is
accessory to the retail sales use. The beer and wine service is allowed upon the
approval of a minor use permit by the Zoning Administrator.
2. The proposed off -sale beer and wine sales and associated tasting and /or pairing
classes are considered accessory to the retail use and are not considered an
intensification of use; therefore, there is no change in the parking requirement.
3. The proposed conditions of approval ensure that potential conflicts with surrounding land
uses are minimized to the greatest extent possible or eliminated.
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Zoning Administrator Resolution No. ZA2012 -DRAFT
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Finding
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;
Facts in Support of Finding
1. As conditioned, the tasting and /or pairing classes will be restricted to the hours after the
retail store closes and will cease at 10:00 p.m., daily. '
2. Although there are nearby residential properties, the operational conditions of approval
recommended by the Police Department relative to the sale of beer and wine will
ensure compatibility with the surrounding uses and minimize related impacts. The
project has been conditioned to ensure the welfare of the surrounding community so that
the business remains a market with accessory dining and does not become a bar or
tavern. The project has been conditioned so that no dancing or live entertainment will
be permitted on the premises.
3. The retail store is required to comply with the California Building Code and requirements
of the Alcoholic Beverage Control Department to ensure the safety and welfare of
customers and employees within the market.
Finding
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities; and
iNLFacts in Support of Findin
1. The project site is located within an existing multi- tenant commercial building.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided within the existing infrastructure.
3. The tenant improvement for a change of occupancy for the existing retail store and
related preparation area was reviewed for compliance with all Building, Public Works,
and Fire Codes in February of 2011.
4. All ordinances of the City and all conditions of approval will be complied with.
Finding
F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
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Zoning Administrator Resolution No. ZA2012 -DRAFT
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to the public convenience, health, interest, a safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Finding
1. The project has been reviewed and subjected to conditions of approval including limited
hours of operation to ensure that potential conflicts with the surrounding land uses are
minimized to the greatest extent possible. The operator is required to take reasonable
steps to discourage and correct objectionable conditions that constitute nuisance areas
surrounding the subject property and adjacent properties during business hours, if
directly related to the patrons of the retail store.
2. As conditioned, the owners, managers and employees selling beer and wine shall
undergo and successfully complete a certified training program in responsible methods
and skills for selling beer and wine.
3. The addition of off -sale and on -sale beer and wine for the purpose of conducting
tasting classes is accessory to the retail sales and is not considered an intensification
of use and will not be detrimental to the neighborhood.
4. As conditioned, the hours of operation from 6:00 p.m. to 10:00 p.m., Monday through
Saturday and from 4:00 p.m. to 10:00 p.m. on Sunday will preclude nuisances to the
nearby residential properties. Although the applicant indicated 9:00 p.m. in his request,
staff determined 10:00 p.m. would not be detrimental and would allow greater
flexibility. -
SECTION 4. DECISION
NOW, THEREFORE, BE IT RESOLVED:
The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2012 -007, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the Director of Community
Development in accordance with the provisions of Title 20 Planning and Zoning, of the
Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF JUNE, 2012.
Brenda Wisneski, AICP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan and
floor plan dated with this date of approval. (Except as modified by applicable
conditions of approval.)
2. This minor use permit may be modified or revoked by the Zoning Administrator upon
a finding of failure to comply with the conditions set forth in Chapter 20.52 of the
Municipal Code, other applicable conditions and regulations governing beer and
wine service, or should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health, welfare
or materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
3. Any change in operational characteristics, hours of operation, expan`in area, or
other modification to the approved plans as they relate to beer and wifie sales, shall
require an amendment to this minor use permit or the processing of a new use
permit.
4. Minor Use Permit No. UP2012 -007 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and
Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise
granted.
5. Should the beer and wine license be transferred, any future license holders, operators
or assignees shall be notified of the conditions of this approval by either the current
licensee, business operator, or the leasing company. Future licensees, operators or
assignees shall submit, within 30 days of transfer of the beer and wine license, a letter
to the Planning Division acknowledging their receipt and acceptance of the limitations,
restrictions and conditions of approval of this minor use permit.
6. The tasting area shall be accessible to disabled persons including work table number
8.
7. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
8. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
minor use permit.
9. The types of beer and wine license issued by the California Board of Alcoholic
Beverage Control shall be a Type 20 (Off -sale Beer and Wine) and a Type 42 (On-
Sale Beer and Wine for Public Premises) in conjunction with the principal retail use.
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Zoning Administrator Resolution No. ZA2012 -DRAFT
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10. The pairing and /or tasting classes shall only be conducted and on -sale beer and wine
shall only be served upon the retail store closing to those who are not patrons of the
tasting and /or pairing classes. The hours of operation for said classes shall be limited
to between the hours of 6:00 p.m. and 10:00 p.m., Monday through Saturday and
between the hours of 4:00 p.m. and 10:00 p.m., Sunday. Any increase in the hours of
tasting and /or pairing classes shall be subject to the approval of an amendment to this
minor use permit and may be subject to approval by the Zoning Administrator.
11. Individual servings of alcoholic beverages shall not exceed two ounces per glass or
container. This condition shall not be construed as to prohibit a patron from
sampling more than one glass and /or container of an alcoholic beverage for the
purpose of comparative tasting(s).
12. The beer and wine sales for the purpose of on -site tasting classes shall be limited to
the designated tasting area indicated on the floor plan submitted with the application.
Any change in the operation of on -sale beer and wine sales or increase in the
tasting area devoted to beer and wine sales for customers shall be subject to the
approval of an amendment to this minor use permit issued by the Zoning
Administrator.
13. No exterior amplified music, public address speakers, outside paging system,
loudspeaker, sound system, or other noise generating device shall be utilized.
14. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the beer and wine outlet and adjacent properties during business hours, if
directly related to the patrons of the subject beer and wine outlet. If the operator fails to
discourage or correct nuisances, the Zoning Administrator may review, modify, or
revoke this minor use permit in accordance with Chapter 20.96 of the Zoning Code.
15. The area outside of the retail store shall be maintained in a clean and orderly manner.
The exterior of the business shall be maintained free of litter and graffiti at all times.
The owner or operator shall provide for daily removal of trash, litter debris and graffiti
from the premises and on all abutting sidewalks within 20 feet of the premises. The
operator of the use shall be responsible for the clean -up of all on -site and off -site trash,
garbage and litter generated by the use.
16. All trash shall be stored within dumpsters behind the retail building.
17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the Vin Goat
Minor Use Permit including, but not limited to, Minor Use Permit No. UP2012 -007
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Zoning Administrator Resolution No. ZA2012 -DRAFT
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(PA2012 -051). This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses
incurred in connection with such claim, action, causes of action, suit or proceeding
whether incurred by applicant, City, and /or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set
forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this
condition.
Police Department Conditions
18. This approval does not permit the premises to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the Newport Bach Municipal Code.
19. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
20. The petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
21. There shall be no dancing and /or live entertainment allowed on the premises.
22. All owners, managers, and employees selling beer and wine shall undergo and
successfully complete a certified training program in responsible methods and skills
for selling beer and wine. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying /licensing body, which the State may designate. The movie theater shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy. Records of each owner's, manager's and employee's
successful completion of the required certified training program shall be maintained
on the premises and shall be presented upon request by a representative of the City
of Newport Beach.
23. A Special Event Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that
would attract large crowds, involve the sale of beer and wine, include any form of
on -site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
t
Vin Goat .�*e •,� , g. �h '�
3� �3e ! 3b q 1 y[ •, � �q � �C ". wiy��v /J, l .
9 Y
Minor Use Permit No. UP2012 -007
PA2012 -051
3326 E. Coast Highway
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Attachment No. ZA 3
Applicant's Description and Justification
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Vin Goat
3326 East Coast Highway, Corona del Mar, CA
Minor Use Permit Application
Project Description
Vin Goat has successfully operated an artisan cheese & specialty fine food retail shop in Corona
del Mar for the past year. The majority of our business is artisan cheese from around the
world, as well as gourmet foods for pairing. Gourmet foods include: fresh bread, charcuterie,
olives, mustards, vinegars /oils, jams /honeys, chocolate, and teas. Many of our CcIM customers
have been repeatedly asking us to offer specialty wines & craft brew to pair with the cheese &
food products, and to also offer small classes /events (ex: cheese /wine pairing). As a customer -
driven shop that's committed to strong CcIM community engagement, we are very grateful for
the outstanding customer responses and would like to accommodate those requests. Further,
the addition of alcohol will contribute to our sales goals and positively benefit our longer term
business success.
My request is to add specialty wines & craft brew to the existing retail store for:
(1) retail sales during regular business hours to compliment cheese & gourmet product
sales (ABC Type 20 license)
(2) small tastings to enable periodic small classes and events after regular business hours
(ABC Type 42 license)
Additional details:
• Regular hours: Tuesday — Saturday, approx. 10 AM — 6 PM; Sunday 11 AM — 4 PM. Type
20 wine /beer retail sales added to existing business.
• After - hours: evenings, approx. 6 — 9 PM to conduct periodic small classes /events (ex:
cheese & wine pairing class), some of which may utilize Type 42
• Parking lot used by 4 tenants: Vin Goat, BOA, UPS, and Le Petit Bateau
Vin Goat has 6 dedicated spaces; 3 UPS; 5 Petit Bateau; 17 BOA
Evenings, Saturday afternoons, and Sundays the bank is closed and BOA's 17
spaces may be used by the other 3 tenants.
Additionally more than adequate parking is available in the public lot across
Coast Hwy, as well as good street parking on Coast Hwy.
For Type 20 license, Vin Goat's parking needs will not change, as we are not a
liquor store and will not increase customers solely for wine purchases. Existing
customers already coming into store for cheese /gourmet product purchases may
add wine on top of their regular acquisitions.
Vin Goat will use Type 42 for small classes /events after regular business hours,
during evenings approx. 6 — 9:00 pm. At this time the bank will be closed and
nearly an entire parking lot will be available.
• No live entertainment, no dancing
• Not a bar or wine bar, not a liquor store, no late hours
PA2012 -051 for UP2012 -007
3326 E. Coast Highway
John Bennett dba Vin Goal
• Employees: 1 full -time, 1 or 2 part -time
• Space: 1,200 SQ FT
• General customer area approx. 368 SQ FT; includes gourmet food products & wine /craft
brew
• Wine /craft brew displayed along one wall in customer area, dimensions 13' W x 7' H x
1.5' D
• Tasting area approx. 312 SQ FT gross
• Zoning: Commercial Corridor
Attachment No. ZA 4
Police Department Memo
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City of Newport Beach
Police Department
,Tiff O <ia:imi,
May 23`d, 2012
TO: Benjamin M. Zdeba, Planning Technician
FROM: Detective Mario Montero
SUBJECT: Vin Goat, 3326 E. Coast Hwy, Corona Del Mar
Use Permit No. UP2012 -007 (PA2012 -051).
At your request, the Police Department has reviewed the project application for
Vin Goat, located at 3326 E. Coast Highway, Corona Del Mar. The applicant is
requesting a minor use permit which would provide for alcohol sales and
consumption of alcoholic beverages on the premises. The applicant is
specifically requesting a Type 20 license (Off -Sale Beer and Wine) and a Type
42 license (On -Sale Beer and Wine for Public Premises). Vin Goat is retail food
shop specializing in artisan cheeses and other specialty gourmet food items.
The regular hours of operation are Tuesday- Saturday 10:00 am to 6:00 pm and
Sundays 11:00 am to 4:00 pm. The applicant would also offer periodic wine
tastings and classes (for cheese and wine pairings) after hours from 6:00 pm to
9:00 pm. The wine tasting /classes in the establishment would occur in an
approximately 312 square foot area within the 1,200 square foot business. As
proposed the establishment would not operate as a bar or liquor store and would
not provide any live entertainment or dancing.
I have included a report by Senior Crime Analyst Caroline Staub that provides
detailed statistical information related to calls for service in and around the
applicant's place of business. This report indicates that the location is within a
reporting district where reported crimes are 117% higher than the city's overall
average. Additionally, this location is also within a reporting district that is over
the Orange County per capita of ABC licenses.
Applicant History
The establishment is a retail business located at 3326 E. Coast Highway, Census
Tract 0627.02, known as Vin Goat. The business is operated under Four Culinary
Group, Inc. headed by John Bennett. Bennett does not operate any other
business establishments of this kind. Vin Goat opened its doors for business in
May 2011. Bennett is seeking to enhance the business by offering wine for sale
to compliment the gourmet foods and cheeses currently sold.
Vin Goat
UP2012- 007(PA2012/051)
Recommendations
The Police Department has no objection to the operation as described by the
applicant.
Signs and Displays
Any signs or displays would need to conform to City requirements. There shall
be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages.
Hours of Operation
The current hours of operation are from 10:00 am — 6:00 pm Tuesday through
Saturday and 11:00 am — 4:00 pm Sundays. On -site wine and cheese pairing/
tasting classes would be offered from 6:00 pm to 9:00 pm on days to be
determined by the operator.
Security
The Police Department has no recommendations.
Employee Training
Require all owners, managers, and employees selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible
methods and skills for serving and selling alcoholic beverages.
Other Recommended Conditions
To maintain quality of life for area residents and ensure the location remains a
Bona -fide retail sales establishment, the Police Department has determined that
the following conditions would be appropriate for the Minor Use Permit for the
business:
1. No "happy hour" type of reduced price alcoholic beverage promotion
shall be allowed. There shall be no alcoholic beverage sales after 9:00
p.m.
2. Petitioner shall not share any profits or pay any percentage or
commission to a promoter or any other person based upon monies
collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders or the sale of
drinks.
3. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period. The licensee shall at all
times maintain records, which reflect separately the gross sales of food
and the gross sales of alcoholic beverages of the licensed business.
2
Vin Goat
UP2012- 007(PA2012/051)
These records shall
basis and shall be
demand.
be kept no less frequently than on a quarterly
made available to the Police Department on
4. There shall be no on -site radio, television, video, film or other
electronic media broadcasts, including recordings to be broadcasted at
a later time, which include the service of alcoholic beverages, without
first obtaining an approved special event permit issued by the City of
Newport Beach.
5. There shall be no live entertainment allowed on the premises.
6. There shall be no dancing allowed on the premises.
7. Strict adherence to maximum occupancy limits is required.
8. No games or contests requiring or involving the consumption of
alcoholic beverages shall be permitted.
If you have any questions, please contact Detective Mario Montero at (949) 644-
3706.
Mario Montero, ABC/Vice /Intelligence
Detective Division
3
(D- V, ��
Dale Johnson, Captain
Detective Division Commander
NEWPORT BEACH POLICE DEPARTMENT
(9) 870 Santa Barbara, P.O. Box 7000, Newport Beach, CA 92658 -7000
MEMORANDUM
May 9, 2012
TO: Benjamin M. Zdeba, Planning Technician
FROM: Caroline Staub, Senior Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Vin Goat retail shop at 3326 E.
Coast Highway. This area encompasses our reporting district (RD) number 44 as well as part of
Census Tract 627.02. This report reflects City of Newport Beach crime data for calendar year 2011,
which is the most current data available.
Calls for Service Information
City wide there were approximately 65,411 calls for police services during this time, of which 3,926
were in RD 44. A "call for service" is defined as any citizen contact of the police department which
results in the dispatching of a unit or causes the contacted employee to take some sort of action, such
as criminal investigations, alarm responses, traffic accidents, parking problems, animal control calls,
etc.
Crime Information
There were 5,751 crimes reported to the Newport Beach Police Department during this period. Of
this total, 2,408 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide,
Forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - Theft, Auto Theft and Arson) as
defined by the FBI in the Uniform Crime Reports. The remaining 3,343 reports were Part Two crimes.
The Part One crime rate for the entire city during this same period was 2,820.46 per 100,000 people.
The national Part One crime rate was 3,345.521 per 100,000 people.
This reporting district had a total of 330 reported crimes as compared to a city -wide reporting district
average of 152 reported crimes. This reporting district is 178 crimes over or 117% above the city-
wide reporting district average.
' Figures based on the 2010 Uniform Crime Reports, which is the most recent edition.
2 The Newport Beach population figure used for calculations is 85,376, as estimated by the CA Department of Finance.
ABC License Information
The number of active ABC licenses in RD 44 is 26, which equals a per capita ratio of one license for every
86 residents. This location is within an RD that is over the Orange County per capita average of ABC
licenses. 3
Arrest Information
In 2011, there were 29 DUI and 47 Public Drunkenness arrests in RD 44 compared to 643 DUI and 661
Public Drunkenness arrests for the entire city. This RD amounts to 4.51% of the DUI arrests and
7.11% of the Drunkenness arrests made in the entire City. According to a recent national study by
the Department of Justice, more than 36% of adult offenders convicted of crimes in 2009 had been
drinking at the time of their arrest. I
Additional Information
The Alcoholic Beverage Outlets ordinance states that the Planning Commission shall consider the
crime rate in the adjacent reporting districts. The three adjacent reporting districts requested are RD
43, and RD 45.
i Measure
Part 1 Crimes
D,
23
D,
25
Part 2 Crimes
25
20
Crime Rate
979.08
1,112.59
DUI Arrests
5
6
Drunkenness Arrests
1
3
Total Arrests
20
11
Calls For Service
605
378
Active ABC Licenses
4
3
Per capita license ratio
561
749
If you are in need of any further assistance, please feel free to contact me.
Sincerely,
Caro Ine Staub
Senior Crime Analyst
Newport Beach Police Department
(949) 644 -3791
cstaub(&nbod.ore
' The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of
this document. As of June 30, 2011 the Orange County average of active, retail ABC licenses was one license for every 518
residents. (5,839 licenses and a population of 3,018,963)
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