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HomeMy WebLinkAbout04 - Orange Coast Winery MUP_PA2013-016fiEWPOe COMMUNITY DEVELOPMENT DEPARTMENT 04 �� 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 March 14, 2013 Agenda Item No. 4 SUBJECT: Orange Coast Winery MUP - (PA2013 -016) 3734 East Coast Highway Minor Use Permit No. UP2013 -003 APPLICANT: Wiens Family Cellars PLANNER: Benjamin M. Zdeba, Assistant Planner (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 establish a 1,440- square -foot retail store specializing in wine and wine - related products (Alcohol Sales (Off - Sale)). Also included in the request is a 170 - square -foot accessory wine tasting area with 8 seats. No late hours (after 11:00 p.m.) are proposed as part of this application. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2013 -003 (Attachment No. ZA 1). DISCUSSION • The existing building was constructed in the 1940s as a mixed -use development with 3,837 gross square feet of commercial on the first floor and two small residential units above. 1 2 Orange Coast Winery MUP March 14, 2013 Page 2 • The current zoning does not permit residential uses; therefore, the two residential units on the second floor are considered a legal nonconforming use and can remain as is under Chapter 20.38 (Nonconforming Uses and Structures). • The property was developed without on -site parking; therefore, it is also legal nonconforming due to parking. • Pursuant to Chapter 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. Given that the proposed use is considered retail sales with accessory on -site tasting, the parking requirement is one parking space per 250 square feet of gross floor area which is equal to the previous parking requirement for the commercial building. • The entire commercial portion of the building has historically been occupied by John Blom Custom Photography until it recently changed ownership. The ground floor was subsequently divided into two separate commercial suites. • The proposed retail store will occupy the easterly, vacant commercial suite (1,440 square feet) which will be improved to have a small, 170 - square -foot area devoted to tasting. The use will primarily operate as a retail store with the accessory tasting component to allow for on -site consumption of wine products sold in the store. • All on -site consumption of wine products will be regulated by the Type 02 (Winegrowers) Alcoholic Beverage Control (ABC) license as well as the conditions of approval. Pursuant to the Type 02 ABC License, pours are limited to two (2) ounces and tasting is limited only to the wines produced by the winegrower. • Late hours (after 11:00 p.m.) are not proposed as part of this application. • The Police Department has reviewed the application for the proposed retail sales and accessory, on -site tasting and does not foresee an issue with the operation. • This use is allowed in the CC (Commercial Corridor) Zoning District and is similar to other uses in the Corona del Mar area that also lack required parking. These uses typically do not have negative impacts on the surrounding area and provide a service to the residents. TmpIt:07 -31 -12 Orange Coast Winery MUP March 14, 2013 Page 3 ENVIRONMENTAL REVIEW The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to improve an existing commercial space to a retail store with an accessory, on -site tasting area. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal may be filed with the Director of Community Development within fourteen (14) days following the date the action or decision was rendered. For additional information on filing an appeal, contact the Planning Division at 949 644 -3200. Prepared by: . Be ja i M. eba As ' tant Planner GR/bmz Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Applicant's Project Description and Justification ZA 4 Police Department Memo ZA 5 Project Plans TmpIt:07 -31 -12 4 Attachment No. ZA 1 Draft Resolution 5 0 RESOLUTION NO. ZA2013 -DRAFT A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -003 FOR ORANGE COAST WINERY, A RETAIL STORE SPECIALIZING IN WINE SALES AND ACCESSORY ON- SITE TASTING LOCATED AT 3734 EAST COAST HIGHWAY (PA2013 -016) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by JR Walz of LSArchitects on behalf of Douglas Wiens of Wiens Family Cellars, with respect to property located at 3734 East Coast Highway, and legally described as Lot 4, Block `W', of Tract 323 requesting approval of a minor use permit. 2. The applicant proposes to improve 1,440 square feet of commercial space to establish a retail store specializing in homegrown wine and wine - related products (Alcohol Sales (Off - Sale). Also proposed is an accessory, on -site tasting area totaling 170 square feet with eight seats. Sale and on -site consumption of alcohol will be regulated by a Type 02 (Winegrowers) Alcoholic Beverage Control License. Late hours (after 11:00 p.m.) are not proposed as part of the applicant's request. 3. The subject property is located within the CC (Commercial Corridor) Zoning District and the General Plan Land Use Element category is CC (Corridor Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on March 14, 2013 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act under Class 1 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to improve an existing commercial space to a retail store with an accessory, on -site tasting area. W Zoning Administrator Resolution No. ZA2013 -DRAFT Paqe 2 of 10 SECTION 3. REQUIRED FINDINGS. Alcohol Sales (Off -Sale) In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding In finding that the proposed use is consistent with Sectioh 10.48.030 (Alcohol Sales) of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent repo tIng districts as compared to other areas in the City. The proposed retail store is located within Reporting District 44, wherein the number of crimes is higher than adjacent Reporting Districts and the City. RD 43 and 45 have a lower number of crimes as they are primarily residential with few commercial uses. Due to the high concentration of commercial land uses along East Coast Highway, the crime rate and shoplifting rate is greater than adjacent residential Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. ii. The number of alcohol- related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent residential Reporting Districts. The Police Department does not consider the rate high because of the concentration of restaurants and commercial uses along East Coast Highway. The Newport Beach Police Department has not previously reported any calls for service to the subject property since the proposed use is part of a newly renovated commercial space. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. Although the commercial building is directly adjacent to a residential district, the building is oriented towards and accessed from an entrance on East Coast Highway. Tmplt: 05/1612012 N Zoning Administrator Resolution No. ZA2013 -DRAFT Paqe 3 of 10 Additionally, rear alley access to the commercial units is a level below the alley elevation. The orientation and grade differential provide screening and protection from view and potential noise generated by the establishment. 2. The proposed use is not located in close proximity to day care centers, park and recreation facilities, places of religious assembly, and schools. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. 1. There are three comparable establishments on East Coast Highway (Vin Goat, Del Mar Wine and Spirits, and The Wine Gallery); however, they are not in close proximity to the proposed retail store. Del Mar Wine and Spirits is approximately 650 feet west of the proposed retail store and operates with a Type 21 (Off -Sale General) Alcoholic Beverage Control License. Vin Goat is approximately 1,200 feet west of the proposed retail store and operates with Types 20 (Off -Sale Beer and Wine) and 42 (On -Sale Beer and Wine) Alcoholic Beverage Control Licenses. 2. Other establishments selling alcoholic beverages for on -site consumption are located along East Coast Highway; however, these establishments operate as restaurants and are not comparable to the proposed retail store. Appropriate conditions of approval have been included to prevent the retail store from operating as an eating and drinking establishment, bar or lounge, etc. 3. The Police Department has reviewed the subject application and does not foresee an issue with the proposed location. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. This is a new retail store; therefore, no objectionable conditions exist. Minor Use Permit In accordance with Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding Tmplt: 05/1612012 The proposed project is a retail store specializing in homegrown wine (Alcohol Sales (Off - sale)) and accessory wine tasting to be located within an existing, commercial building fronting East Coast Highway. I Zoning Administrator Resolution No. ZA2013 -DRAFT Paqe 4 of 10 2. The General Plan land use designation for this site is CC (Corridor Commercial), which is intended to provide a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. 3. The proposed retail store is consistent with the General Plan Corridor Commercial (CC) land use designation, as it will not only serve the residents within the area, but will also serve visitors and commuters traveling on East Coast Highway. The proposed floor plan is designed such that there is a large window display to draw pedestrian traffic. 4. The subject property is not part of a specific plan area. Finding B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding 1. The site is located within the Commercial Corridor (CC) Zoning District of the Newport Beach Zoning Code. The intent of this district is to provide for areas appropriate to a range of neighborhood - serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The proposed retail store and on -site, accessory tasting area are consistent with the land uses permitted within this zoning district as it will serve the adjacent neighborhoods. 2. The proposed use complies with Zoning Code Section 20.48.030 (Alcohol Sales) relating to required operating standards, and conditions of approval are included in this approval to maintain those requirements. 4. The existing mixed -use development is considered nonconforming due to parking and use. Pursuant to Zoning Code Section 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. 5. The currently vacant commercial space has been subject to a parking requirement of one parking space per 250 square feet of gross floor area. The proposed retail store will have an equal requirement to that of the previous use in compliance with Zoning Code Section 20.38.060. Tmplt: 05/1612012 10 Zoning Administrator Resolution No. ZA2013 -DRAFT Paqe 5 of 10 Finding C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Findinq 1. The proposed project involves interior alterations to improve an existing commercial space within a nonconforming mixed -use development to a retail store with an on -site, accessory tasting area. The operational characteristics of the use are that of a retail store, which is a common use in commercial buildings along East Coast Highway in Corona del Mar. 2. The hours of operation for the retail store and related accessory tasting have been limited by the conditions of approval such that they will not extend beyond 10:00 P.M. 3. The proposed establishment will be located within an existing nonconforming mixed -use building in a nonresidential zoning district. Although it is located adjacent to a residential district (within approximately 25 feet), it is not facing the residential properties and is a level below the alley elevation. The orientation and grade differential provide screening and protection from view and potential noise generated by the establishment. The applicant is also required to control trash and litter around the subject property. 4. The applicant is required to obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. Finding D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding 1. The building has existed since the 1940s. The improvement of an existing commercial space will not negatively affect emergency access. 2. Adequate public and emergency vehicle access, public services, and utilities are provided on -site and are accessed by way of the alley directly behind the site. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Tmplt: 05/1612012 ZZ Zoning Administrator Resolution No. ZA2013 -DRAFT Paqe 6 of 10 Finding E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and this approval includes conditions to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the retail store. 2 The restrictions on the hours and wine tasting oiration will help prevent adverse pedestrian and traffic impacts for the surrounding residential and commercial uses. 3. The proposed retail store and on -site, accessory tasting area will help revitalize the project site and provide an economic opportunity for the property owner to update the tenant space and provide additional services to the residents and visitors in the surrounding area. 4. All owners, managers, and employees selling or serving wine will be required to complete a Responsible Beverage Service certification program. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2013 -003, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 14TH DAY OF MARCH, 2013. Brenda Wisneski, AICP, Zoning Administrator Tmplt: 05/1612012 12 Zoning Administrator Resolution No. ZA2013 -DRAFT Paqe 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This minor use permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, may require an amendment to this minor use permit or the processing of a new use permit. 4. Minor Use Permit No. UP2013 -003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 8. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, nightclub, or eating and drinking establishment as defined by the Newport Beach Municipal Code. 9. There shall be no dancing and /or live entertainment allowed on the premises. 10. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. The Alcoholic Beverage Control (ABC) License shall be limited to a Type 02 (Winegrower), Type 20 (Off -Sale Beer and Wine), or comparable license. Any Tmplt: 05/1612012 2� Zoning Administrator Resolution No. ZA2013 -DRAFT Paqe 8 of 10 substantial change in the ABC License type shall require subsequent review and potential amendment to this minor use permit. 12. The tasting area shall be limited to 170 square feet and eight seats within the designated area. No tastings shall be conducted outside of the designated area. Tastings are limited to those allowed under a Type 02 (Winegrower) Alcoholic Beverage Control License only. Pours shall be limited to two ounces each. 13. Use of the outdoor courtyard area for consumption of products sold within the retail store is not permitted. 14. The hours of operation for the retail store and related, accessory wine tasting are limited from 7:00 a.m. to 10:00 p.m., daily. 15. All proposed signs shall conform to Title 20, ChaptjW 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or ar sign program applicable to the property. 16. The exterior of the business shall be maintained free of litwand graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 18. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 19. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Orange Coast Winery MUP including, but not limited to Minor Use Permit No. UP2013 -003 (PA2013 -016) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Tmplt: 05/1612012 14 Zoning Administrator Resolution No. ZA2013 -DRAFT Paqe 9 of 10 Building Division and Fire Department Conditions 20. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. 21. The construction plans must meet all applicable State Disabilities Access requirements. 22. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 23. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 24. All exits shall remain free of obstructions ;vailable for ingress and egress at all times. Revenue Department Conditions 25. A valid business license from the City of Newport Beach with a sellers permit shall be required prior to start of business. Any contractors /subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. Police Department Conditions 26. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. 27. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 28. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 29. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 30. All owners, managers, and employees selling wine shall undergo and successfully complete a certified training program in responsible methods and skills for selling beer and wine. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The retail store shall comply with the Tmplt: 05/1612012 _T 5 Zoning Administrator Resolution No. ZA2013 -DRAFT Paqe 10 of 10 requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 31. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, 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. G� Tmplt: 05/1612012 10 Attachment No. ZA 2 Vicinity Map 17 12 VICINITY MAP Minor Use Permit No. UP2013 -003 PA2013 -016 3734 East Coast Highway 1-9 20 Attachment No. ZA 3 Applicant's Project Description and Justification 21 22 LSarchitects LAIDLAW SCHULTZ 31 1 I Second Avenue Corona del Mar, CA 92625 -2322 L 19491 645 -9982 F. (949) 645 -9554 w: LSarchitects.com January 18, 2012 Community Development Department Planning Division 3300 Newport Blvd. Newport Beach, CA 92663 www.newportbeachco.gov RE: Project Description and Justification for Minor Use Permit of Orange Coast Winery. at 3734 E. Pacific Coast Hwy, Corona Del Mar As agent representing the ownership of Orange Coast Winery, I submit for your review this letter of justification with the attached Minor Use Permit application. Orange Coast Winery is a retail storefront for the sale of wine and wine related products w/ an accessory tasting space. As required by Zoning Code, Alcohol Sales uses require a MUP. The proposed location at 3734 E. Pacific Coast Hwy is an existing mixed use building with 3,837 gsf of commercial space on the ground floor and (2) living units above located within the CC zone. The previous building owner occupied the ground floor commercial space with a photography studio. The new building owner is currently completing a voluntary accessibility upgrade of the restrooms which will divide the ground floor commercial space into two suites. Orange Coast Winery will occupy the southerly 1,420 gsf suite as delineated on the attached plans. As shown on the attached plan, Orange Coast Winery will have an interior sales area of 966 gsf with an accessory tasting area of 170 nsf. The tasting area will be clearly delineated by low walls and a soffit above. The proposal contains 4 tables with 2 seats each for a total of no more than 8 seats. There will be (2) employees working (1) shift from 1 pm to 8pm. The existing building is a legal non- conforming use with no off - street parking. Per discussion with staff the proposed use does not constitute an intensification and therefore is exempt from the parking requirements. Given the proposed retail use is not a change of the existing legal non - conforming use, I submit that: 1.) The use is consistent with the General Plan and any applicable specific plan; 2.) The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code; 3.) The design, location, size and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4.) The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle access and public services and utilities; and 5.) Operation of the use at the location would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, heath, interest, safety, or general welfare of persons residing or working in the neighborhood. PA2013 -016 for UP2013 -003 3734 East Coast Highway Wiens Family Cellars 23 Therefore, I ask that you review and approve the subject Minor Use Permit application. Thank you in advance for your review of the application and do not hesitate to contact me with any questions. Laidlaw Schultz Architects cc: Douglas Wiens attachments: Planning Permit Application (3) sets of full -size plans (4) sets of reduced plans Title Report Mailing labels 24 Attachment No. ZA 4 Police Department Memo Tmp1e07 -31 -12 25 20 City of Newport Beach Police Department Memorandum March 6, 2013 TO: Benjamin M. Zdeba, Planning Technician FROM: Detective Brian Haas SUBJECT: Orange Coast Winery, 3734 E. Coast Hwy, Corona Del Mar Use Permit No. UP2013 -003 (PA2013 -016). At your request, the Police Department has reviewed the project application for Orange Coast Winery; located at 3734 E. Coast Highway, Corona Del Mar. The applicant is requesting a minor use permit to open a satellite retail sales and tasting establishment. Orange Coast Winery has an existing Type 02 ABC license (Winegrowers) which allows for one satellite retail sales and tasting location with a duplicate license. Orange Coast Winery is a retail storefront for the sale of wine and wine related products with an accessory tasting space. The regular hours of operation will be from 1:00 p.m. to 8:00 p.m., daily. The wine tastings in the establishment would occur in an approximately 170 square foot area within the 1,420 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 104% 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 Orange Coast Winery is a part of Wiens Family Cellars based out of Temecula, California. The Temecula Valley is a premiere wine growing region in Southern California that contains numerous wineries that offer wine tasting and wine sales. The 3734 E. Pacific Coast Hwy. location will provide Wiens Family Cellars a more convenient location for their customers to obtain their wines. Recommendations The Police Department has no objection to the operation as described by the applicant. 27 Orange Coast Winery UP2013- 003(PA2013 -016) 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 hours operation will be from 1:00 p.m. to 8:00 p.m., daily 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. 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. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 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 PA 22 Orange Coast Winery UP2013 -003 (PA2013 -016) 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. 9. Approval does not permit Orange Coast Winery to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit If you have any questions, please contact Detective Brian Haas at (949) 644- 3709. Brian Haas, ABCNice /Intelligence Detective Division es Freeman, Sergeant Special Investigations 3 29 ep,AC(C O y •' 0 c v0 Adt0 m m a LL) m W N LLJ V _ u —7 m v o Q 1 j L I U o m � m m m Oc G N O Ll� W FA 0 c rc A 5 v o M N h m v j o ° a a N v C O U a° ov E a w o N 3 Z u g o CL � O Y U y v O 3 C3 H O O W Q 'ti W N O u a- O °n ° v v a 0 « V N o Q v Z v v C y v n c ¢ y H V U 2 30 • a a a o Y l0 H ^ ^ N c C l^0 N W c C C a •• E O a O ry a m Ol Lq n O m e g e °e Y O 0. ` � N v • � y y • O O rl c c A C N W m U Q N 0 N D O N y C O c M V Y m 3 $ m = O et N .^a CL v O m f�0 O 3 0 m m y w u > m 0. 0 m m m a c u 0 s mm `y o 3 m m C N w d C C 3 � O � w m � O Gl ap N ?O a m N 01 m C tu m z i w N O i C a° ro W M M N m O Y w °0 O1 N N M o o c y 0 p jp N N o E N N N C m N $ CO N C m m m V1 Y c � m � L m m m 3 Ol N O C ^ Ol m w C C n v r d E u C m O • Zu w F F O F v � s a � o e z O ca K « C m N Z' u d v � m a in CL z z z O 3 d, a Q u v o M N h m v j o ° a a N v C O U a° ov E a w o N 3 Z u g o CL � O Y U y v O 3 C3 H O O W Q 'ti W N O u a- O °n ° v v a 0 « V N o Q v Z v v C y v n c ¢ y H V U 2 30 Attachment No. ZA 5 Project Plans Tmple07 -31 -12 S2 �2 L Sarchitects LAIOLAW SCHULTZ Wiens Family Cellars 3734E Coast Hwy. Corona del Mar, CA Fbw Plans .I, Iw,C1_ eFnv` 01.1713 MUP SObmlttel SDL V O`EO AFCH f smnia ecoC -21061 91e6F CAl \fop s6i I II AIa �,�° adfl I UTell" � \ AM. 110 all Iccc s ylootl senKel On1V Peral sobs- 966 91f 65' „Ij fmPbYea ' LA If 1421 �f l Yi ti} � � � Lif Shelled Bnsroam 1151 PSI Sticrld p Protsot Location xorth 2 Area Calcs sPa� :,ns- °I'C. Location Ma P 1 I Protect Data P:cbclAtla en' PEom NwY „Nev:pc:0voch CA.93625 leBOl peciPlon: APM89$l -19 11 i a j i Owrec If . a mviae I— elli:g lnc. II — 3SeeenilY. Na all Call, CA 92657 I Daskln ROleabw.: 3111Saieend AeCofo Se Mal. CAels Pespvnilblo CFCeOe: cnnaTVe Carow r,iM 9362` 539' I 6']' Ilve,, A96. E-d. 999.645 WB3 FOe :9496a5.9SV Fmeil: SbiUWU'e'6orchilecB.com IEl .,face P¢ki:g I I 1 AUI nl0 F }-- laruml: covg!af Wiem Orange Ccos: Winery 3V9,l!i 1pel POnle.Iemsculy. CA 9 ?592 949.9L`.aM6 L P..,W l %.39 N3TYYE %��j%j / /�j / /// //� _ I_ IEllmsb aumpsle above Sconealwo�Glnnsvbmlals the Pba:v APPlkelon el rre FOPOSeU lemnl Imomvemenh onN. Purled Oesa Pllen: ISIVY PeIal Wine Slyewlh Accessory tosang IEt9e mmmee @aw4e ' Cons evcliCn'. IYPe V.B :lo 51Fn41e si alcheusl) OttYFO.xY GI ovPM Qsuid earl.B S""Ar:le 1.4'75 Sl S,^Aiea: 9.9)551 fAa: C o3s P'Fin,: sexemplfirc ell a.,rl,sllheoapasoawe aoeSnPl chaa,ea vitPnf'Y Me IEtkPal / EIIKaIee HeolEr O'.SPace lNCl o Paill Y // // � Q9 =1� rail 41.9'bf eS' 'UFIl -lrcal Panel List of Drawings Architectural Rvled (blolSlle Fbrl A.IW rbuPWn A..T9 1 I I Edlewrnelallan rl r F1, I ' IEtSlars'o,es tlenlclooONmen1 II •` r :,� I tl il! lla fl. Wine Slofe led TOiriaq$IgCe fit• •I, ! Ira's f C} �JJ a. Prof ^Y.Y Lleg IIJ3'N3T L I I • 653' r Bn3' 11.0 PA2013 -016 forUP2013 -003 3734 East Coast Highway Wiens Family Cellars i Site Plan 5eale:v9'-IL' Notes L Sarchitects LAIOLAW SCHULTZ Wiens Family Cellars 3734E Coast Hwy. Corona del Mar, CA Fbw Plans .I, Iw,C1_ eFnv` 01.1713 MUP SObmlttel SDL V O`EO AFCH f smnia ecoC -21061 91e6F CAl \fop s6i / / i 7 Ej / / i I / , j / E Wo'men 2a x72 o o1CV. lva. /251015Fm tlR ICOm ;J \ i Merchantlise D71 9L50sf Reloil �i Olfice /Sioraoe /Break n /onamv� 2fW Bif Fmpbyes oNy 4 3 2x.22 oeplov IVN. ------ a iiae W sallll above - PenCC:t� 69hliNq ` Pos come' oo �� S— ale --s a :c1 iasilna III � Corking rren counlc ana o'Su"AIWe .";'OmC LS[ architects LAIDI.AW SCHULT2 Wiens Family Cellars 3734 E. Coast Hwy, Corona del Mar, CA 01.17.13 MUG Submittal SOL sgwre loose, w/ 121 <naus ea. Leaer,6 3leP mwwCll 32{ [e. IEI WCILO mmaln j/ A.200 . a Nolo9an v aoLO arecH+e 2 Site Plan aiea +.,1-0 1 Notes e a,t F'ay. +2P6' — eIEMrncerev. . I a.$ Y �TI IEIF +.Ienw Plosie:mre:noir. YI— a B A A a F 6 6 A 6 Y W I A E 6 Y -- so�wae: w, mo�motl melee leae: :, oacaul :�I B1.1 t lvev I Mlvv ialilvv — EFOO: p I i• n . n •IE.nw i•• w a• IE Ce "YI' I i 1 i Eiev.+lb4' �p� (PISb:eImM xlntla•x b remaN _ y1 r \v�j ;�'� � - ��i(�� � �� 1'/� b.•`f aka � -- IElflonle:sbrenan rocssOSlone 19 1 Southern Elevation = 016:1'4 -- -0 L SEI rch itects LAIDLAW SCHULTZ Wiens Family Cellars 3734 E. Coast Hwy. Corona del Mar, CA E.tle:�, 5svolbns OL11.1 3 MUP Submittal 9DL �oEb ARCH xeC -31061 wn eyw •m ~� e ux�s•F�F CPlltp i rch itects LAIDLAW SCHULTZ Wiens Family Cellars 3734 E. Coast Hwy. Corona del Mar, CA E.tle:�, 5svolbns OL11.1 3 MUP Submittal 9DL �oEb ARCH xeC -31061 wn eyw •m ~� e ux�s•F�F CPlltp ADDITIONAL MATERIALS RECEIVED Items B, 1, 2, 3 and 4: Additional Materials Zoning Administrator March 14, 2013 Comments on March 14, 2013 Zoning Administrator agenda - Jim Mosher Page 3 of 3 Item CA Orange Coast Winery (PA2013 -016) I do not believe NBMC Chapter 20.38.060 (Nonconforming Parking) is being properly interpreted here or in the recent Sweet Lady Jane decision (please see previous after - the - hearing correspondence). I believe "intensification" requiring new parking is intended to address intensification relative to the actual uses in place at the time the property became nonconforming, and not to intensification relative to any use allowable under that or the current zoning. The proposed use, particularly with two new commercial suites, sounds to me like a intensification relative to the historic use as a photography studio. (cf. "Facts' B.4 and B.5 on handwritten page 10). I am also unsure if the current hearing is required not only because of the alcohol and parking issues, but also because it involves food sales within 500 feet of residences. Handwritten page 7, Section 2.1: Please see comment on Section 2.1 of Agenda Item C.3. The same misstatement occurs here. Handwritten page 9, Section 3.A.iv.1: mentions "The Wine Gallery' but does not further explain its operation. Was that inadvertent? Handwritten page 15 • Condition 27: "...under the control o7f the Meense licensee."(?) • Condition 28: "The ^^P bone operator shall not share..."(?) Handwritten page 16 • Condition 31: same comment as for Agenda Item 2 with regard to the need for Special Events for alcohol sales promotions. • I don't see a condition implementing the NBPD request for strict adherence to the maximum occupancy limit.