HomeMy WebLinkAbout24 - Pavilion's Wine TastingCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item 24
July 22, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Makana Nova, Assistant Planner
(949) 644 -3249, mnova(&city.newport- beach.ca.us
SUBJECT: . Pavilion's Wine Tasting Appeal (PA2007 -243)
21181 Newport Coast Drive
a Use Permit No. 2007 -029
APPLICANT: Von's Companies, Inc.
APPELLANT: Von's Companies, Inc.
ISSUE:
Should the City Council approve, modify, or disapprove Use Permit No. 2007 -029 to
add a wine and beer tasting counter within an existing Pavilion's grocery store?
Staff recommends that the City Council conduct a de novo hearing and approve Use
Permit No. 2007 -029, subject to the findings and conditions of approval included within the
attached draft resolution (Attachment 1).
INTRODUCTION:
Proiect Setting and Description
The applicant proposes a wine and beer tasting counter within an existing Pavilion's
grocery store located at 21181 Newport Coast Drive. The tasting area of approximately
230 - square -feet is primarily for wine education and would allow customers to sample
small quantities of wine and beer as would be permitted by a Type 42 (On -Sale Beer &
Wine Public Premise) alcoholic beverage license. A type 21 (Off -Sale General) alcoholic
beverage license was previously approved through the County of Orange.
Pavilion's Wine Tasting
July 22, 2008
Page 2
Planning Commission Action
The Planning Commission held a public hearing on Use Permit 2007 -029 on April 17,
2008. The applicant agreed to comply with all of the conditions of approval as proposed.
The application was approved on a vote of five (5) ayes and two (2) noes. The minutes
from the Planning Commission hearing have been attached for reference (Attachment
3).
DISCUSSION
The Appeal
On April 25, 2008, an appeal of the Planning Commission's decision was filed by Von's
Companies, Inc., parent company of Pavilion's. The applicant's appeal states that the
conditions of approval are overly burdensome and unnecessary and requests City
Council to consider less restrictive conditions relating to service, control, and
supervision.
Pursuant to Section 20.95.060.C, a public hearing on an appeal is conducted "de novo ",
meaning that it is a new hearing and the decision being appealed has no force or effect
as of the date the appeal was filed. The appellate body is not bound by the decision
being appealed or limited to the issues raised on appeal.
Analysis
A staff report to the Planning Commission containing a full analysis of the project is
attached. The following analysis summarizes the applicant's request for revisions to the
conditions approved by the Planning Commission and provides staff's responses for the
City Council's consideration:
Condition No. 9 LEAD - Training and Employees on Duty.
Condition No. 9 states:
"Alt persons serving alcohol shaft be LEAD Program trained through the Department of
Alcohol Beverage Control, at feast 21 years of age, and serve under the supervision of
the wine steward, store manager, or department manager. In addition, the wine
steward, store manager, and department manager shaft also be LEAD - trained. At feast
two employees shaft be on site at all times the wine tasting counter is in operation."
Condition No. 9 applies to all persons serving alcoholic beverages, including suppliers.
The applicant requests that the City Council revise Condition No. 9 to allow suppliers
without LEAD training to serve alcohol under the supervision of a LEAD - trained Von's
Pavilion's Wine Tasting
July 22, 2008
Page 3
employee. The applicant argues that some suppliers will be from outside the state or
country and may not be able to receive LEAD training.
The applicant also requests that Condition No. 9 be revised to require that only one
employee, instead of two, be present when the wine tasting counter is in operation.
Response: Should this condition be modified as proposed, suppliers serving alcohol
will not be required to receive any form of certification or training. Section
20.89.050.C.9 (Responsible Beverage Service /Sales Training Requirements) of the
Zoning Code requires some form of responsible beverage service training for all
owners, managers, and employees serving and /or selling alcoholic beverages.
Therefore, the Planning Commission concluded that the use should be restricted to
require that "all persons serving alcohol" be LEAD - trained.
Section 20.89.050.C.9.f (Waiver) of the Zoning Code provides that the City Council may
waive or modify the responsible beverage service training requirement upon finding that
the employees are sufficiently knowledgeable in the responsible methods and skills for
serving and selling alcoholic beverages. Staff has no objections to requiring only store
employees serving alcoholic beverages to be LEAD - trained, in that trained employees
are required to be present when alcohol is served.
Staff supports the applicant's request to reduce the number of required employees on
duty from two to one. With required LEAD training, video surveillance, and other
conditions provided in the resolution, staff is of the opinion that one employee on duty is
sufficient to maintain adequate security and uphold the intent of the approved land use.
These revisions have been incorporated into the draft resolution (Attachment 1)
Condition No. 10 Consumption and Sates Separation
Condition No. 10 states:
"Alcohol sates and consumption shall only be permitted within the area depicted on the
approved floor plan."
The applicant requests a language revision to Condition No. 10 to eliminate the words,
"sales and ". The applicant believes that the current language creates confusion
between the alcohol consumption permitted at the proposed wine tasting area and
overall sales permitted within the alcoholic beverage section of the grocery store.
Response: Staff supports the applicant's request for this minor language revision as it
clarifies the intent of the condition. This revision has been incorporated into the draft
resolution (Attachment 1).
Pavilion's Wine Tasting
July 22, 2008
Page 4
Summary
It is staff's conclusion that the findings necessary for project approval were made
appropriately by the Planning Commission and that proposed revisions to Conditions
No. 9 and No. 10 are appropriate as proposed in the draft resolution (Attachment 1).
Environmental Review
This project has been determined to be categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The
proposed interior improvements to accommodate the new wine tasting bar are within the
tenant space formerly occupied by the retail business and were previously approved and
constructed with a separate building permit.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Alternatives
If the City Council does not wish to sustain the decision of the Planning Commission,
the City Council may revise the conditions of approval or reverse the decision of the
Planning Commission. Should the City Council choose to do so, staff will return with a
resolution incorporating new findings and or /or conditions.
Prepared by:
4L
MakSna NOva, Assistant Planner
Submitted by:
;/, -
16 ing Director
Attachments:
1. Draft Resolution
2. Appeal
3. Planning Commission Meeting Minutes
4. Planning Commission Staff Report with Exhibits
5. Photos of Wine Tasting Counter
6. Table of Approvals for Wine Tasting Establishments in the City of Newport Beach
Ilcnb. rchdalalUsersIPLMSharedlPA'sIPAs - 20071PA2007- 24=P2007 -029 staff report 240c
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2007-
029 TO ALLOW THE ON -SALE AND OFF -SALE OF BEER
AND WINE AT AN EXISTING RESTAURANT LOCATED AT
21181 NEWPORT COAST DRIVE (PA 2007 -243)
WHEREAS, an application was filed by Von's Companies, Inc., with respect to
property located at 21181 Newport Coast Drive, and legally described as Parcel 1, as
shown on Miscellaneous Map 318 -27, requesting approval of a use permit to allow the
on -sale of alcoholic beverages in the form of on -site wine and beer tasting and the off -sale
of alcoholic beverages previously approved by the County of Orange.
WHEREAS, at a noticed public hearing held on April 17, 2008, the Planning
Commission considered the project application, plans, and written and oral evidence
presented at this meeting, and approved Use Permit No. 2007 -029; and
WHEREAS, on April 25, 2008, an appeal of the Planning Commission's approval
of Use Permit No. 2007 -029 was filed by the applicant requesting that the City Council
reconsider the Planning Commission's decision; and
WHEREAS, public hearings were held onJune 10, 2008 and July 17, 2008, 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
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the City Council at this meeting; and
WHEREAS, pursuant to Section 20.95.060 C, the public hearing on an appeal
was conducted "de novo," meaning that it is a new hearing and the decision being
appealed has no force or effect as of the date the appeal was file; and
WHEREAS, the Land Use Element of the General Plan designates the project
site as Neighborhood Commercial, which is intended for limited retail and service uses
developed in one or more distinct centers oriented to primarily serve the needs and
maintain compatibility with residential uses in the immediate area; and
WHEREAS, the subject property is designated as a Commercial Village land use
within the Newport Coast Planned Community zoning district, which is intended to
provide the Newport Coast area with commercial uses, which include food and
beverage sales; and
WHEREAS, the Police Department has advised that Reporting District 61 has a
lower concentration of ABC licenses than Reporting District 64, and a higher
concentration of ABC licenses than Reporting District 66; and
I
City Council Resolution No.
Paae 2 of 7
WHEREAS, the Police Department has advised that Reporting District 61 is not
within an area where the number of crimes is at least 75 percent higher than the
average of all City Reporting Districts; and
WHEREAS, the proposed use is consistent with the purpose and intent of
Section 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code; and
WHEREAS, consistent with required findings for approval of a use permit as set
forth in Section 20.91.035 of the Newport Beach Municipal Code, the following findings
and facts in support of such findings are made:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purpose of the district in which the site is located.
Facts in Support of Finding:
a. The project is located in the Commercial Village land use area of the
Newport Ridge Planned Community District, which is intended to
encourage a variety of local commercial uses, facilities supporting the
surrounding community, and the opportunity for multi - family residential uses
which combine to make this a unique mixed -use development area. Local
commercial uses within the Commercial Village may include retail sales,
local services, and limited professional and administrative office uses. The
existing grocery store with the proposed alcohol sales and ancillary tasting is
a retail use and therefore consistent with the purposes of the Newport Ridge
Planned Community District.
b. The Newport Ridge Planned Community Text allows for retail commercial
uses, including the existing grocery store. Alcohol sales are less than 30
percent of grocery store sales and are therefore ancillary to the primary
retail use of the property.
2. Finding: That the proposed location of the Use Permit and the proposed
conditions under which it would be operated or maintained will be consistent with
the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort, or welfare
of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the city.
Facts in Support of Finding:
a. The General Plan land use category for this site is Neighborhood
Commercial (CN). The CN category is intended to provide for a limited
range of retail and service uses developed in one or more distinct centers
oriented to serve the needs of and maintain compatibility with residential
0
City Council Resolution No. _
Paoe 3 of 7
uses in the immediate area. A grocery store with ancillary alcohol sales
and wine tasting is a permitted use in a neighborhood - serving shopping
center.
b. The project has been conditioned to ensure the welfare of the surrounding
community. The on -site consumption of alcohol will be limited to small
quantities of beer and wine and will be under the supervision of LEAD -
trained employees over that age of 21. The hours of operation for the wine
tasting area will be Monday through Sunday, 9:00 a.m. through 9:00 p.m.,
which are within the hours of operation of the Pavilion's grocery store
(Monday through Sunday: 6:00 a.m. — 12:00 a.m.). Serving and
consumption areas shall be under security camera surveillance.
Furthermore, alcohol sales will remain an ancillary use to the primary retail
use of the property and all serving and consumption areas will separated
by a permanent barrier from the retail sales area.
3. Finding: That the proposed use will comply with the provisions of this Code,
including any specific condition required for the proposed use in the district in
which it would be located.
Facts in Support of Finding:
a. The project has been conditioned to comply with the development and
operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage
Outlets) of the Municipal Code as they relate to the operation of the
proposed project. Alcoholic beverages will only be served in a specific area
and separated by a permanent barrier from the retail sales area of the
store. All persons serving alcoholic beverages will receive LEAD training.
b. The project has been reviewed and conditioned 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 alcoholic beverage outlet and
adjacent properties during business.hours, if directly related to the patrons of
the subject alcoholic beverage outlet.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to 15301
(Existing Facilities) of the Implementing Guidelines of the California Environmental Quality
Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Newport Beach hereby approves Use Permit No. 2007 -029, subject to the Conditions set
forth in Exhibit "A ".
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF JULY.
0
AYES, COUNCIL MEMBERS
NOES, COUNCIL
ABSENT COUNCIL MEMEBERS
MAYOR
ATTEST:
CITY CLERK
City Council Resolution No.
Paqe 4 of 7
10
EXHIBIT "A"
City Council Resolution No.
Paqe 5 of 7
CONDITIONS OF APPROVAL
USE PERMIT NO. 2007 -029
PROJECT SPECIFIC CONDITIONS
The project shall be constructed and operated in substantial conformance with the
approved plot plan and floor plans, stamped and dated March 3, 2008.
2. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this approval that would attract large crowds,
include any form of on -site media broadcast, or increase the expected occupancy
beyond 15 patrons and 2 employees at any one time or for other activities requiring
such Special Events Permit as set forth in the City of Newport Beach Municipal
Code.
3. The alcoholic beverage outlet operator shall take reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the alcoholic beverage outlet and adjacent
properties during business hours, if directly related to the patrons of the subject
alcoholic beverage outlet. If the operator fails to discourage or correct nuisances,
the Planning Commission may review, modify or revoke this Use Permit in
accordance with Chapter 20.96 of the Zoning Code.
4. Hours of operation of the wine tasting area shall be from 12:00 p.m. to 9:00 p.m. on
Monday through Sunday.
5. The consumption area shall be limited to wine tasting and limited beer tasting. The
applicant shall be permitted to serve specialty beers for tasting on occasion per the
Type 42 ABC license, which permits wine and beer service; however, alcohol
consumption shall be primarily for wine tasting. The tasting of distilled spirits shall
be prohibited.
6. Each tasting shall be limited to 2 ounce pours per tasting.
Wine and beer tasting shall remain an ancillary use to the primary retail function of
the property. The quarterly gross sales of alcoholic beverages shall not exceed 30
percent of the gross sales of food and non -food sales during the same period. The
licensee shall maintain records that reflect separately the gross sale of food and
non -food, and the gross sales of alcoholic beverages of the licensed business. Said
records shall be kept no less frequently than on a quarterly basis and shall be made
available to the Department on demand.
8. No live entertainment or dancing shall be permitted.
City Council Resolution No. _
Paae 6 of 7
9. All store employees serving alcohol shall be LEAD Program trained through the
Department of Alcohol Beverage Control, at least 21 years of age, and serve under
the supervision of the wine steward, store manager, or department manager. In
addition, the wine steward, store manager, and department manager shall also be
LEAD - trained. At least one employee shall be on site at all times the wine tasting
counter is in operation.
10. Alcohol consumption shall only be permitted within the area depicted on the
approved floor plan.
11. The consumption area shall be separated from the retail sales area with a solid
decorative barrier (subject to ADA compliance) at least 40 inches high placed
around the perimeter of the consumption area.
12. Serving and consumption areas shall be under security camera surveillance.
STANDARD CONDITIONS
13. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
14. 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.
15. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
16. The applicant shall pay any unpaid administrative costs associated with the
processing of this application to the Planning Department.
17. Any changes in operational characteristics, hours of operation, expansion in
area, or modification to the floor plan, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
18. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
19. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health,
P,
City Council Resolution No. _
Page 7 of 7
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.
20. Use Permit No. 2007 -029 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
15
CITY OF NEWPORT BEACH
APPLICATION TO APPEAL DECISION OF THE PLANNING COMiUItSSfON'
Application No. PA2007 -243
Name of Appellant Michael Cho, Esq. on behalf of
or personfiling: Von's Companies, Inc. . Phone: (949) 263 -1511
Address: 3991 MacArthur Blvd.. Suite 340 Newport Beach CA 92660
Date of Planning Commission decision: April 17 .20 08
t
Regarding application of. Pavilions Supermarket (Newport Coast) for
(Description of application filed with Planning Commission) Request for the approval of a
conditional use permit th allow tritne and beer tasting in an area
of approximately 230 sq. feet located in the existing supermarket
mil. � •��'. { •• �.� •� {{ • •. ♦ -�•
imposed conditions that are overly burdensome and unecessary. The
applicant wnn1A like to have rity rounril nnnSirler mnre reacnnahla
supervis� .
r� Date 4/25/08
Micha 1 Cho or the V n's Companies, Inc.
dw(17Y Pfltil (1 i t�Pe-
€OR OFFICE USE ONLY
Date Appeal filed and Administrative Fee received: (2 -g10, 20
Hearing Date. An appeal shall be scheduled for a hearing before the City Council within sbdy (60) days of the..
fling of the appeal unless both applicant and appellant or reviewing body consent to a.later date (NBMC Sea
20.95.060)
cc: Appellant
Planning (furnish one ¢et of mailing Labels for mailing)
File
APPEALS: Municipal Code Sec. 20.95.050(8)
Appeal Fee: $340 pursuanito Resolution No. 2006 -4 adopted on 1- 10-06.
tDeooslt funds with Cashier in Account #2700-5000)
15
Planning Commission Meeting Minutes
Exhibit 3: Planning Commission Meeting Minutes
I(p
Planning Commission Minutes 04/17/2008
Page 7 of 11
Mr. Lepo answered there is no way to do that.
Chairperson Hawkins asked about requiring CC &R's to prohibit group
occupancies and was told, no.
Chairperson Hawkins proposed to strike the reference to the renderings, as it is
of part of the conditions.
Commissioner Toerge agreed to delete reference to the renderings and repeated
his motion with the changes.
Ayes:
Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren
Noes:
None
Absent:
None
x x x
Motion was made by Commissioner McDaniel and seconded by Commissione
Approved
Hillgren to hear the next item as it was past the hour to accept new deliberations.
Ayes:
I Eaton,.Hawkins, Cole, McDaniel, Toerge and Hillgren
Noes:
jPeofter
Absent:
INone
x x x
OBJECT: Pavilions Wine Tasting (PA2007 -243)
ITEM NO.5
21181 Newport Coast Drive
PA2007 -243
use permit for an on -sale wine tasting bar and area with a Type 42 On-Sal
Approved
Beer & Wine Public Premise alcoholic beverage license.
Ms. Nova distributed copies of a matrix listing approvals for wine tasting
establishments in the City and then gave an overview of the staff report.
Commissioner Peotter noted his concern with Condition No. 6, Condition No. 9,
and if security plans were to be provided to the Police Department.
Ms. Nova answered there is a fee charged for each tasting as required by the
Alcohol Beverage Control Department; these are typical conditions that have been
contained in past wine tasting approvals. The Police Department has noll
indicated this is an issue; however, the applicant is providing camera surveillance
it the property.
Commissioner Eaton asked about landscaping planters providing a better barrier
than ropes.
Ms. Nova answered.this is an option for your decision.
Michael Cho, representing Von's that operate Pavilions, noted their concern of the
hours of operation. Tasting will be taken when a winemaker or supplier comes in
and their request allows for a range of hours that would be available. The barrier
ith ropes is a design feature. Condition No. 9 and the issue of suppliers being
LEAD Program trained is problematic and suggested removing the reference to
he suppliers being trained. The second sentence is proposed to read: In the
vent services by a supplier, wine maker or industry trade representative the
service shall be supervised by a LEAD trained employee. If they are properly
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Planning Commission Minutes 04/17/2008 Page 8 of 11
vised, having a two -ounce pour would be adequate. He agrees to all
conditions as proposed.
Commissioner inquiry, Mr. Cho noted the wine area is small as opposed to
pictured with the planters used as barriers. This is a tasting area only with
d served and the barriers would not be an aesthetic enhancement.
McDaniel noted his concern of the hours, and the frequency of
tasting.
Cho answered it could be on a daily basis, but depends on when Pavilions
a winemaker or supplier and that is why the range of hours. There will be
ing as deemed necessary at other times but it will be flexible.
imissioner Hillgren noted his concern of the amount of wine tasting and
of vehicles with the school nearby. Is there flexibility to set hours arc
bI schedule to a minimum as this is a potential for a very serious issue?
cell Blais, liquor merchandising representative for Von's, stated they coi
the hours anytime after school such as 3 to 6 or 9. This is an event type
nmissioner Peotter noted the hours are not a problem and it is impractical
them. You are creating more traffic hazards for the school by not allowi
while school is in session.
nmissioner McDaniel noted his concern of enforcement as it is impossible
City's point of view.
Blais noted two employees will be assigned to this department during tasl
its, one to check id's and one to supervise the pour; this is company policy.
Jerson Hawkins noted these are only going to be event tastings. Would
to a condition that had the requirement that wine tasting would only o
one of the suppliers was there?
Blais answered that the wine steward would have the ability to pour
ide of these events.
Cho noted there will be specials during the week so that the shoppers
a featured wine.
irperson Hawkins noted there should be a condition stating the m
fiber of employees and does not agree with the suggested change to Cc
9 by the applicant. He noted his concern of the hours starting at 9 a.m.
Cho noted the way the conditions are written, there is always a LEAD
doyee to supervise, or do, the pouring.
issioner Toerge asked how the beer would be served; he was answered
be the same, 2 ounce tastings as there are some interesting specialty bee
de for sale.
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Planning Commission Minutes 04/17/2008
Nova added that there is no certification required of the suppliers, the City
:ally required training for anyone serving wine tasting throughout the City.
Harp suggested broadening the condition saying all employees, suppliers
ar persons, that way you are not trying to figure out if they are a supplier or
are later on. It could also be, all persons.
comment was opened.
Mores Otting, local resident, noted she had spoken with a representative at tl
3C regarding the Type 43 license and it has a condition that there can only I
ree per 24 hours per person that goes to a wine tasting. You can't taste me
an three types of wine or you would be in violation. She noted her concern w'.
mdition No. 7 and the reference to food or retail sales. There are childr,
esent throughout the day at Von's. We have more DUI's in this City and %
ive a problem; the timing should not start at 9 in the morning. It is a messal
id I don't want to see it at the other local shops, such as Gelson's. The report
nbiguous and what the applicant says they want to do is not what is represent
the staff report, it is a Special Events Permit. She opposes this application.
ael Cho noted they are sympathetic to the concerns raised but does
ve this is a type of place that will promote people coming in to drink with
limit. He asked the Commission to consider the training and hours
ation. At Commissioner inquiry, he noted there will be LEAD- trained peo
that department and it would be difficult to train the other supplie
makers, etc. There are cameras throughout the store and Von's will m�
there are no problems resulting from the wine tasting.
comment was closed.
missioner McDaniel noted his concern with the hours starting before noon;
I set a precedence as others will want to have this wine and beer tasting
and having the wine tasting during the week.
nmissioner Toerge noted his agreement that other markets will be asking fo
as well. The central theme of the issue is the presence of children. It woulc
the influence this would have on young children whether supervised or not.
s is not a message I want to send to the public as it is not appropriate. He is
in support of this item.
3tion was made by Commissioner Peotter and seconded by Commissioner
approve Use Permit No. 2007 -029 with the following changes:
. Condition No. 9.- All persons, and a minimum of two.
McDaniel noted he could not support the hours.
ioner Hillgren noted he could not support the hours as well as
being present and the issue that Von's already built this area
m of this being approved.
Cho noted his client has offered to limit the hours from noon to 9 p.m.
does not have a limit on the number of tastes, it is just the pour size.
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06/03/2008 Iq
Planning Commission Minutes 04/17/2008
Page 10 of 11
Ms. Nova stated this complies with staffs understanding as well.
Substitute Motion was made by Commissioner Eaton and seconded by
Commissioner Peotter to incorporate the wording that modifies Condition No. 9 to
change the hours of operation from noon to 9 p.m. and replacing the reference to
velvet ropes to solid decorative barriers.
Mr. Cho stated there is an issue with a solid barrier with ADA and fire access, so
as long as it can be compliant with those, his client would be willing to try.
Commissioner Eaton added the phrase "ADA complian"t to the barriers.
Ms. Nova added Condition No. 7 changed to reference food and retail. Discussion
continued and it was agreed to this correction.
Ayes:
Eaton, Peotter, Hawkins, Cole and McDaniel
Noes:
Toerge and Hillgren
Absent:
None
Motion was made by Commissioner Peotter and seconded by Commissioner
McDaniel to continue this item to May 8, 2008.
Denied
Commissioner Toerge noted this is not a radical issue and there are only a few
people to speak on this item so he will not support the motion.
Ayes:
Peotter and McDaniel
Noes:
Eaton, Hawkins, Cole,.Toerge and Hillgren
I
Absent:
None
ITEM NO. 6
SUBJECT: Rudy's Pub & Grill (PA2007 -255)
PA2007 -255
3110 Newport Boulevard .
Approved
An amendment to Use Permit No. 2004 -049 to allow a change in the operational
characteristics of an existing eating and drinking establishment. The applicant
requests to add 243 square feet of storage area on the first floor and to enclose an
existing 135- square -foot patio on the second floor for office use. Pursuant to
Section 20.85.060 (Changes in Operational Characteristics), an amendment to the
use permit is required because the increase in gross floor area is in excess of 25
square feet. A modification permit is requested because the area of the proposed
second floor addition encroaches 4 feet into the required 10 -foot alley setback.
Ms. Brown gave an overview of the staff report.
At Commission inquiry, Ms. Brown noted this is not an intensification of the use as
restaurant and is accessory to the restaurant use.
Chairperson Hawkins noted his concern of moving storage and creating new
forage areas that could add to the net public area.
Public comment was opened.
Todd Carson, an owner of Rudy's Pub and Grill, noted the restaurant is doing very
well with a new chef who has recently been hired and has increased food sale
hus resulting in the need for extra storage area for dry goods as well as cold.
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06/03/2008 9D
Planning Commission Staff Report with
Exhibits
Exhibit 4: Planning Commission Staff Report with Exhibits
�I
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 17, 2008
Agenda Item 5
SUBJECT: Newport Coast Pavilion's Wine Tasting (PA2007 -243)
21181 Newport Coast Drive
■ Use Permit No. 2007 -029
APPLICANT: Von's Companies, Inc.
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova(&city.newoort- beach.ca.us
PROJECT SUMMARY
The proposed project is a wine and beer tasting counter within an existing Pavilion's
grocery store located at 21181 Newport Coast Drive. The. tasting area of approximately
230 square feet is primarily for wine education and used to sample small quantities of
wine and beer.
The proposed use permit includes the existing off -sale of alcoholic beverages, which
was approved by the County of Orange prior to the Newport Coast/Newport Ridge
Annexation.
RECOMMENDATION
Staff recommends that the Planning Commission approve Use Permit No. 2007 -029
subject to the findings and conditions of approval included within the attached draft
resolution.
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Pavilion's Wine Tasting
April 17, 2008
Page 2
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Community NPR PC)
NORTH
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Newport Ridge Planned
Retail
Commercial CN
Community NPR PC)
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Newport Ridge Planned
SOUTH
Residential (RS -D) &
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Open Space (OS)
Community NPC PC
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Pavilion's Wine Tasting
April 17, 2008
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The project site is the existing Pavilion's grocery store located in the Newport Ridge
Retail Center at Newport Coast Drive and San Joaquin Hills Road. The area in the
vicinity of the site is developed with a variety of land uses, including retail, a fire station,
elementary school, open space, and community park as well as residential
development.
Proiect Description
The applicant proposes wine and beer tasting within an existing Pavilion's grocery store.
Pavilion's lease space is 55,232 square feet. The area principally devoted to alcohol
(beer, wine, and distilled spirits) sales contains approximately 500 square feet and
includes wine racks, refrigeration, and the proposed tasting counter (Refer to Exhibit 1,
Project Plans). An area of 230 square feet is to be dedicated to on -site wine tasting: 125
square feet of this total area will be behind the counter and limited to employees to
serve customers in the consumption area; the area for on -sale consumption of wine is a
105 - square -foot space adjacent to the employee counter area. The consumption area
will be separated from the retail sales area with velvet ropes attached to 40- inch -high
metal poles placed around the perimeter of the consumption area.
Background
Pavilion's currently has a Type 21 (Off -Sale General) Alcoholic Beverage Control (ABC)
license and is non - conforming because it does not have a use permit with the City of
Newport Beach. Newport Ridge was annexed into the City after land entitlements and
approvals had been approved through the County.
A Type 42 (On -sale Beer & Wine for Public Premises) ABC license is requested to
permit on -site wine and beer tasting. In accordance with the City's Alcohol Beverage
Outlets Ordinance (Chapter 20.89 of the Zoning Code), a new use permit is required if
the alcoholic beverage outlet changes "its type of retail liquor license with the
Department of Alcoholic Beverage Control."
DISCUSSION
Analysis
General Plan
The General Plan land use category for this site is Neighborhood Commercial (CN) which
provides for a limited range of retail and service uses developed in one or more distinct
centers oriented toward the needs of residential uses in the immediate area. The retail
a�
Pavilion's Wine Tasting
April 17, 2008
Page 4
sale of food and beverages, including alcoholic beverages, is consistent with this land use
category.
Zoning Code
The site is located in the Newport Ridge Planned Community (NPR_PC) District with a
land use designation of Commercial Village. NPR _PC does not specifically identify wine
tasting as a permitted use; however, the Planned Community Text does allow for retail
commercial uses which include .food and beverage sales. On -site tasting would be
ancillary to the primary retail use of the property. Staff has determined that the proposed
use is consistent with the uses identified in the Planned Community Text.
Alcoholic Beverage Sales
Tasting is proposed as a minor ancillary use primarily for "wine education." Only small
quantities of wine and specialty beers (2 ounce pours per tasting) will be served. The new
Type 42 (On -sale Beer & Wine for Public Premises) ABC license sought by the applicant
authorizes the sale of beer and wine for consumption on or off the premises. The
consumption area shall be restricted to wine tasting and limited beer tasting. Alcohol
consumption will be primarily for wine tasting; however, the applicant would be permitted
to serve specialty beers for tasting on occasion per the Type 42 ABC license, which
permits wine and beer service. No distilled spirits are permitted within the consumption
area. Minors shall not be allowed to enter and remain in the consumption area and food
service is not required.
The applicant states that alcohol sales are less than 30 percent of store sales and wine
sales are less than 8 percent of store sales. In order to comply with ABC requirements,
a fee shall be charged for the tasting that ranges from $2.00 to $25.00 based on a
percentage of the price of the wine bottle.
All alcohol service will be under the supervision of a "wine steward," who is a wine
expert and trained employee. All employees serving alcohol will be required to receive
ABC - required Licensee Education on Alcohol and Drugs (LEAD) training and must be at
least 21 years of age. In addition to the wine steward, the store manager, department
manager, and suppliers will also be LEAD - trained and licensed to serve alcohol at the
wine counter. All servers must be under the supervision of the store manager,
department manager, or wine steward. Serving and consumption areas will also be
under security camera surveillance.
The proposed hours of operation for the tasting area are Monday through Sunday, 9:00
a.m. through 9:00 p.m., which are within the hours of operation of the Pavilion's grocery
store (Monday through Sunday: 6:00 a.m. —12:00 a.m.).
Detective Doug Jones, City of Newport Beach Police Department, stated that the
shopping center and the establishment have not been a problem and the Police
Department does not foresee any issues arising from the proposed tasting due to the
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Pavilion's Wine Tasting
April 17, 2008
Page 5
operation of the business. The Police Department is not opposed to the proposed
operating hours. An ABC license query shows no history of disciplinary actions.
As stated earlier, Pavilion's current alcohol sales are non - conforming because Pavilion's
does not have a Use Permit with the City of Newport Beach. The current ABC license,
a Type 21 (Off-Sale General), is limited to alcoholic beverage sales for off - premise
consumption only. The ABC license was authorized by the County and issued prior to
the annexation of Newport Ridge to the City. The proposed Use Permit will bring the
off -sale operation into conformance with the Alcohol Beverage Outlets Ordinance
(Chapter 20.89 of the Zoning Code).
Factors to Consider
Section 20.89.030.8 (Alcoholic Beverage Outlets) requires the Planning Commission to
consider certain factors when making the required findings to approve the Use Permit. A
discussion of these factors in support of the Use Permit is provided below.
1. Whether the use serves public convenience or necessity.
The purpose of the Commercial Village designation of the NPR_PC is to encourage "a
variety of local commercial uses, facilities supporting the surrounding community, and the
opportunity for multi - family residential uses to combine to make this a unique mixed -use
development area." The retail sale of alcoholic beverages provides a.public convenience
by allowing the sale of alcoholic beverages in conjunction with the sale of food and other
beverages. The ancillary on -site consumption of alcoholic beverages in the form of wine
and beer tasting also provides a public convenience by permitting the opportunity for
residents to sample wines prior to purchase.
2. The crime rate in the reporting district and adjacent reporting districts as compared
to other areas in the City.
Reporting District
Part One Crimes
(Serious offenses)
Part Two Crimes
(All other offenses)
Part One Crimes
Rate (per 100,000
people)
RD No. 61
53
35
1,791.15
RD No. 64
36
27
2,805.92
RD No. 66
27
15
3,713.89
Newport Beach
2,925
3,712
1 3,620.05
The Part One Crimes Rate in Reporting District 61 (RD 61) is lower than the City and
adjacent districts (For a map of the City of Newport Beach Reporting Districts, see
Exhibit 4).
Pavilion's Wine Tasting
April 17, 2008
Page 6
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county -wide average.
Reporting District
Active ABC License
Per Capita
RD No. 61
4
1 per 740 residents
RD No. 64
1
1 per 1,283 residents
RD No. 66
3
1 per 722 residents
County-wide
4,805
1 per 592 residents
RD 61 has a lower ratio of ABC licenses to population when compared with the average
ratio for Orange County due to the higher concentration of residential land uses;
however, RD 61 has a higher ratio of ABC licenses to population than RD 64. RD 64
has no commercial areas, so the single ABC license is likely issued to either an
institutional use or a home -based business.
4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts.
Reporting District
DUI /Drunk Arrests
Total Arrests
Calls for Service
RD No. 61
3
10
752
RD No. 64
5
13
799
RD No. 66
3
14
735
Newport Beach
1,471
3,345
61,060
The bulk of the sales in Pavilion's is intended for off - premise consumption and,
therefore, is not likely to contribute to alcohol - related problems within the area. The on-
site consumption is limited to wine and beer tasting, so the proposed wine /beer tasting
counter will not operate as a bar. RD 61 has a similar number of DUI /Drunk Arrests,
Total Arrests, and Calls for service recorded in 2007 compared to the adjacent
Reporting Districts (For a map of the City of Newport Beach Reporting Districts, see
Exhibit 4). The Newport Beach Police Department reported eight calls for service to the
subject property, none of which were alcohol- related.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools.
Although the proposed use is located adjacent to an elementary school and community
center, the properties are sufficiently separated by Newport Coast Drive, a 6 -lane Major
Road, by San Joaquin Hills Road, a 4 -lane Primary Road, and by Ridge Park Road, a 2-
lane road. In accordance with the Alcoholic Beverage Ordinance, the Police Department
has reviewed the Use Permit application and has concluded that no additional
conditions related to design and security are necessary.
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Pavilion's Wine Tasting
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Use Permit Findings
The following information is presented in support of the required Use Permit findings:
1. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
o The project is located in the Commercial Village land use area of the Newport
Ridge Planned. Community District, which is intended to encourage a variety of
local commercial uses, facilities supporting the surrounding community, and the
opportunity for multi - family residential uses which combine to make this a unique
mixed -use development area. Local commercial uses within the Commercial
Village may include retail sales, local services, and limited professional and
administrative office uses. The existing grocery store with the proposed alcohol
sales and ancillary tasting is a retail use and therefore consistent with the purposes
of the Newport Ridge Planned Community District.
• The Newport Ridge Planned Community Text allows for retail commercial uses,
including the existing grocery store. Alcohol sales are less than 30 percent of
grocery store sales and are therefore ancillary to the primary retail use of the
property.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental to `
the public health, safety, peace, morals, comfort, or welfare of persons residing or
working in or adjacent to the neighborhood of such use; and will not be detrimental
to the properties or improvements in the vicinity or to the general welfare of the city.
• The General Plan land use category for this site is Neighborhood Commercial (CN).
The CN category is intended to provide for a limited range.of retail and service
uses developed in one or more distinct centers oriented to serve the needs of
and maintain compatibility with residential uses in the immediate area. A grocery
store with ancillary alcohol sales and wine tasting is a permitted use in a
neighborhood- serving shopping center.
• The project has been conditioned to ensure the welfare of the surrounding
community. The on -site consumption of alcohol will be limited to small quantities of
beer and wine and will be under the supervision of LEAD- trained employees over
that age of 21. The hours of operation for the wine tasting area will be Monday
through Sunday, 9:00 a.m. through 9:00 p.m., which are within the hours of
operation of the Pavilion's grocery store (Monday through Sunday: 6:00 a.m. —
12:00 a.m.). Serving and consumption areas shall be under security camera
surveillance. Furthermore, alcohol sales will remain an ancillary use to the
primary retail use of the property and all serving and consumption areas will
separated by a permanent barrier from the retail sales area.
Pavilion's Wine Tasting
April 17, 2008
Page 8
3. That the proposed use will comply with the provisions of this code, including any
specific conditions required fur the proposed use in the district in which it would be
located.
The project has been conditioned to comply with the development and operational
regulations pursuant to Section 20.89.050 (Alcoholic Beverage Outlets) of the
Municipal Code as they relate to the operation of the proposed project. Alcoholic
beverages will only be served in a specific area and separated by a permanent
barrier from the retail sales area of the store. Employees serving alcoholic
beverages will receive LEAD training.
The project has been reviewed and conditioned 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 alcoholic beverage outlet and adjacent properties during
business hours, if directly related to the patrons of the subject alcoholic beverage
outlet.
Environmental Review
This project has been determined to be categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The
proposed interior improvements to accommodate the new wine tasting bar are within the
tenant space formerly occupied by the retail business and were previously approved and
constructed with a separate building permit. A use permit to operate wine tasting is not
defined as a project pursuant to CEQA.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Conclusion
Based on the location of the existing Center and its operational character, proposed
use, and proposed conditions of approval, staff believes that the findings of approval for
the Use Permit can be made for this request in that it is not likely that the use will prove
detrimental to the community.
Prenared by
Pavilion's Wine Tasting
April 17, 2008
Page 9
Submitted by:
= o7.
EXHIBITS (in the order they are referenced within the report)
1. Project Plans (under separate cover)
2. Police Department Report
3. Police Department Reporting Districts Map
4. Draft Resolution
5. Letter and project description from applicant
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33
35
Police Department Report
Exhibit 2: Police Department Report
3(p
City of Newport Beach
Police Department
Memorandum
February 20, 2008
TO: Makana Nova, Staff Planner
FROM Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the VoWs Companies, Inc at
21181 Newport coast Dr. This area encompasses our reporting district (RD) number 61 as
well as part of Census Tract 626.17. This report reflects City of Newport Beach crime data
for calendar year 2007, which is the most current data available.
Calls for Service Information
City wide there were approximately 61,060 calls for police services during this time, of which
752 were in RD 61. A "call for service" is, any contact of the police department by a citizen
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, and animal control calls, etc.
Crime Information
There were 6,637 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,925 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
3,712 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,620.05 per 100,000 people. The national Part One crime rate was 4,063.4* per
100,000 people.
Crimes
RD 61
Newport Beach
California"
National's
Part 1
53
2,925
1,390,709
11,556,854
Part
35
3,712
N/A
N/A
Part 1Crime Rate
1,791.15
3,620.05
3,848.95
3,898.94
The number of active ABC licenses in this RD is 4 **
Per capita ratio 1 license for every 740 residents.
This reporting district had a total of 91 reported crimes as compared to a City wide reporting
district average of 175 reported crimes. This reporting district is 84 crimes less or 47.90%
below the City wide reporting district average. This location is not within an area where the
number of crimes is at least 75% higher than the average of all reporting districts in the City
31
as outlined in the City Council "K -7" polity. This location is not within an RD that is over
the Orange County per capita average of ABC licenses * *.
Arrest Information
There were 3 DUI arrests and 0 Plain Drunk arrest in this area during this same period as
compared to 1,471 for the entire city. This RD amounts to .20% of the DUI /Drunk 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 1996 had been drinking at the time
of their arrest.
Arrests
RD 61
Newport Beach
California"
National`
(DUI/Drunk)
3
1,471
N/A
N/A
Total Arrests
10
3,345
1,457,151
9,579,611
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 64 and RD 66
Crimes
RD 64
RD 66
Part 1
36
27
Part 2
27
15
Crime Rate
2,805.92
3,713.89
Arrests (DUI/Drunk)
5
3
Total Arrests
13
14
Calls For Service
799
735
Number of active ABC Iicenses
1**
3**
Per capita ratiol license for every
1,283* residents
722* residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 80,800.
*These numbers are from the 2006 Uniform Crime Reports, which is the most recent edition.
"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 May 1, 2003 the Orange County average of
active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 644-3791.
Paul Salenko
Crime Analysis Unit
31�
Police Department Reporting Districts Map
Exhibit 3: Police Department Reporting Districts Map
31
Newport Beach Police Department
Crime Reporting Districts Map
d
Draft Resolution
Exhibit 4: Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH APPROVING USE
PERMIT NO. 2007 -029 TO ALLOW WINE TASTING FOR
THE PROPERTY LOCATED AT 21181 NEWPORT COAST
DRIVE (PA 2007 -243)
WHEREAS, an application was filed by Von's Companies, Inc., with respect to
property located at 21181 Newport Coast Drive, and legally described as Parcel 1, as
shown on Miscellaneous Map 318 -27, requesting approval of a use permit to allow the
on -sale of alcoholic beverages in the form of on -site wine tasting and the off -sale of
alcoholic beverages previously approved by the County of Orange.
WHEREAS, a public hearing was held on March 20, 2008, 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 Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting; and
WHEREAS, the General Plan land use category for this site is Neighborhood
Commercial (CN) which provides for a limited range of retail and service uses developed
in one or more distinct centers oriented to .primarily serve the needs of and maintain
compatibility with residential uses in the immediate area. The retail sale of food and
beverages, including alcoholic beverages, is consistent with this land use category; and
WHEREAS, the site is located in the Newport Ridge Planned Community with a
land use designation of Commercial Village. Retail commercial uses are permitted,
including food and beverage sales. Wine tasting shall be ancillary to the primary retail
use of the property; and
WHEREAS, the Newport Beach Police Department has advised that Reporting
District 61 has a lower concentration of Alcoholic Beverage Control licenses and a crime
rate that is comparable to or lower than those of the surrounding Reporting Districts;
and
WHEREAS, a use permit for the proposed alcoholic beverage outlet has been
prepared in accordance with Section 20.91.035 of the Newport Beach Municipal Code
based on the following findings and facts in support of such findings:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purposes of the district in which the site is located.
Facts in Support of Finding:
a. The project is located in the Commercial Village .land use area of the
Newport Ridge Planned Community District, which is intended to
�a
Planning Commission Resolution No. _
Page 2 of 6
encourage a variety of local commercial uses, facilities supporting the
surrounding community, and the opportunity for multi - family residential
uses which combine to make this a unique mixed -use development area.
Local commercial uses within the Commercial Village may include retail
sales, local services, and limited professional and administrative office
uses. The existing grocery store with the proposed alcohol sales and
ancillary wine tasting is a retail use and therefore consistent with the
purposes of the Newport Ridge Planned Community District.
b. The Newport Ridge Planned Community Text allows for retail commercial
uses, including the existing grocery store. Alcohol sales are less than 8
percent of grocery store sales and are therefore ancillary to the primary
retail use of the property.
2. Finding: That the proposed location of the Use Permit and the proposed
conditions under which it would be operated or maintained will be consistent with
the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety; peace, morals, comfort, or welfare
of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the city.
Facts in Support of Finding:
a. The General Plan land use category for this site is Neighborhood Commercial
(CN). The CN category is intended to provide for a limited range of retail and
service uses developed in one or more distinct centers oriented to serve the
needs of and maintain compatibility with residential uses in the immediate area.
A grocery store with ancillary alcohol sales and wine tasting is a permitted use
in a neighborhood - serving shopping center.
b. The project has been conditioned to ensure the welfare of the surrounding
community. The on -site consumption of alcohol will be limited to small. quantities
of beer and wine and will be under the supervision of LEAD- trained employees.
The hours of operation for the wine tasting area will be Monday through
Sunday, 9:00 a.m. through 9:00 p.m., which are within the hours of operation of
the Pavilion's grocery store (Monday through Sunday: 6:00 a.m. — 12:00 a.m.).
Serving and consumption areas shall be under security camera surveillance.
Furthermore, alcohol sales will remain an ancillary use to the primary retail
use of the property and all serving and,consumption areas will separated by a
permanent barrier from the retail sales area.
3. Finding: That the proposed use will comply with the provisions of this code,
including any specific condition required for the proposed use in the district in
which it would be located.
43
Planning Commission Resolution No.
Facts in Support of Finding:
a. The project has been conditioned to comply with the development and
operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage
Outlets) of the Municipal Code as they relate to the operation of the proposed
project. Alcoholic beverages will only be served in a specific area and
separated by a permanent barrier from the retail sales area of the store.
Employees serving alcoholic beverages will receive LEAD training.
b. The project has been reviewed and conditioned 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 alcoholic beverage outlet. and adjacent properties
during business hours, if directly related to the patrons of the subject alcoholic
beverage outlet.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to 15301
(Existing Facilities) of the Implementing Guidelines of the California Environmental Quality
Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2007 -029, subject to the Conditions set forth in Exhibit "A ".
Section 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 City Clerk
or this is called for review by the City Council in accordance with the provisions of Title
20 Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF APRIL.
F0
EXCUSED:
Robert Hawkins, Chairman
BY:
Bradley Hillgren, Secretary
qq
Planning Commission Resolution No. _
Page 4 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2007-029
PROJECT SPECIFIC CONDITIONS
1. The project shall be constructed and operated in substantial conformance with the
approved plot plan and floor plans, stamped and dated March 3, 2008.
2. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this approved that would attract large crowds,
include any form of on -site media broadcast, or increase the expected occupancy
beyond 15 patrons and 2 employees at any one time or for other activities requiring
such Special Events Permit as set forth in the City of Newport Beach Municipal
Code.
3. The alcoholic beverage outlet operator shall take reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the alcoholic beverage outlet and adjacent
properties during business hours, if directly related to the patrons of.the subject
alcoholic beverage outlet. If the operator fails to discourage or correct nuisances,
the Planning Commission may review, modify or revoke this Use Permit in
accordance with Chapter 20.96 of the Zoning Code.
4. Hours of operation of the wine tasting area shall be from 9:00 a.m. to 9:00 p.m. on
Monday through Sunday.
5. The consumption area shall be limited to wine tasting and limited beer tasting. The
applicant shall be permitted to serve specialty beers for tasting on occasion per the
Type 42 ABC license, which permits wine and beer service; however, alcohol
consumption shall be primarily for wine tasting. The tasting of distilled spirits shall
be prohibited.
Each tasting shall be limited to 2 ounce pours per tasting.
Beer and wine tasting shall remain an ancillary use to the primary retail function of
the property. The quarterly gross sales of alcoholic beverages shall not exceed 30
percent the gross sales of food and retail sales during the same period. The
licensee shall maintain records that reflect separately the gross sale of food and the
gross sales of alcoholic. beverages of the licensed business. Said records shall be
kept no less frequently than on a quarterly basis and shall be made available to the
Department on demand.
8. No live entertainment or dancing shall be permitted.
4 5
Planning Commission. Resolution No.
9. All employees and suppliers serving alcohol shall be LEAD Program trained
through the Department of Alcohol Beverage Control, at least 21 years of age, and
serve under the supervision of the wine steward, store manager, or department
manager. In addition, the wine steward, store manager, and department manager
shall also be LEAD - trained.
10. Alcohol sales and consumption shall only be permitted within the area depicted on
the approved floor plan. The alcohol sales and consumption area shall be
separated by a permanent barrier from the retail sales area of the store.
11. The consumption area shall be separated from the retail sales area with velvet
ropes attached to 40 inch high metal poles placed around the perimeter of the
consumption area.
12. Serving and consumption areas shall be under security camera surveillance.
STANDARD CONDITIONS
13. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
14. 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.
15. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
16. The applicant shall pay any unpaid administrative costs associated with the
processing of this application to the Planning Department.
17. Any changes in operational characteristics, hours of operation, expansion in
area, or modification to the .floor plan, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
18. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
.either the current business owner, property owner or the leasing agent.
19. This Use Permit may be modified or revoked by the City Council or Planning
Commission 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.
4�
Planning Commission Resolution No.
Paqe 6 of 6
20. Use Permit No. 2007 -029 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.
qj
Letter and Project Description
from Applicant
Exhibit 5: Letter and Project Description from Applicant
4�
U
r)
7
.APPLICANT:. The Von's Companies Inc. dba "Pavilions"
PROPOSED USE: Approval of an on -sale wine tasting bar and area (Type 42)
alcoholic beverage license and finding of public convenience or
necessity for the existing premium wine retail shop located in the
Pavilion's Supermarket.
ADDRESS: 21181 Newport Coast, Newport Beach (Newport Coast Center)
Newport Beach, CA 92657
PROJECT NARRATIVE
The proposed project consists of an.existing premium wine shop engaged in the off -sale
of fine wines and related products requesting the addition of wine tasting area. The
existing Pavilions has an approved Type 21 Off-Sale General alcoholic beverage license
with the California Department of Alcoholic Beverage Control since April 2002 and is
currently applying for a Type 42 On -Sale Beer & Wine Public Premise alcoholic
beverage license for the wine tasting bar and area
This request is to address two (2) issues related to the premise:
1. Type 42 On -Sale Beer & Wine Public Premise alcoholic beverage license
to allow the on premise consumption of wine in a limited and defined area
to permit the operators the ability to conduct wine tasting.
2. A finding of public convenience or necessity for the license request as
required by the California Department of Alcoholic. Beverage Control .
Retail Area: Tyne 21 Oil Sale General !Beer. Wine & Distilled Spirits (EXISTING)
The applicant currently holds a Type 21 Off -Sale General Alcoholic beverage license
permitting the off -sale of beer, wine and distilled spirits. The Applicant has had the
current license since April 10, 2002.
On -Sale ConmmWion/Wine Tasting: Tyne 42 On -Sale Beer & Wine Public Premise
The applicant requests the approval of approximately 500 square feet retail shop area
dedicated to the on -sale consumption of wine for tasting purposes. Wine tasting is an
ancillary and accessory use to the proposed wine shop. The-request is made to permit
patrons the ability to taste wines prior to purchase. Wine tasting is a normal accessory
use for wine shops in'generaL Wine tasting will be supervised and occur during normal
business hours.
SSparation of the Type 21 and 42 Areas
The applicant is proposing the construction of a decorative iron fence or wall separating
the retail and tasting areas. There will be an opening for ingresslegress. The area will
have unobstructed views allowing proper supervision of both the on -sale and off -sale
areas of the alcoholic beverage sales areas. The fencelwall will create a permanent
41
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barrier readily identifying the separate areas and therefore create a controlled and
supervised areas of the store. ,
Supervision and Control
The applicant will have a dedicated employee supervising and controlling the wine
tasting area. All service of wine and beer will be made by an employee. Patrons will not
be permitted to remove alcobdlic beverages from the designated tasting area nor will
patrons be permitted to be under the age of21 in -the tasting area as required by the
California Business & Professions Cade ( "ABC Act" Sections 25000 et seq.) and policies
of the California Department of Alcoholic Beverage Control.
�a
TENANT: . . The Von's Companies Inc., LLC dba "Pavilions ":
PROPOSED SE: Approval of an on -sale wine tasting bar and area (Type 42)
alcoholic beverage license and finding ofpublic convenience or
necessity for the proposed wine tasting bar and area in the existing
retail shop.
ADDRESS: 21181 Newport Coast, (Newport Coast Center)
.Newport Beach, CA 92657
PROJECT NARRATIVE: ADDENDUM
On -Sale Consumntion/Wine Tasting: Type 42 On Sale Beer & Wine Public Premise.
The applicant requests the approval of approximately 250 square feet retail shop area
dedicated to the on-sale consumption of wine for tasting purposes.
"Back bar" area approximately 150 square feet (employees only).
Public tasting area approximately 100 square feet.
Hours of operation of the wine tasting area 9:00 am to 9:00 pm The applicant reserves
the right to during the proposed hours but is not required to continuously serve during the
proposed hours.
Hours of operation for the supermarket are 6:00 am to Midnight, seven (7) days a week.
Service will be made by employee only.
Separation of the Type 20 and 42 Areas•
Thick velvet rope attached to decorative metal poles will be used to separate the public
wine tasting area and "back bar" area The poles are approximately 40 inches tall.
The wine tasting area will be supervised by an employee and is under security camera
surveillance.
Other.
Siguage: No new signage is proposed to the exterior ofthe`store other than existing.
Adjacent uses: The entire Newport Coast Center is bounded by multi - family residential,
public streets, fire station, park and community center (across San Joachin Hills Road),
and an elementary school (across Newport Coast Drive).
51
Photos of Wine Tasting Counter
Exhibit 5: Photos of Wine Tasting Counter
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Table of Approvals for Wine Tasting
Establishments in the City of Newport
Beach
Exhibit 6: Table of Approvals for Wine Tasting
Establishments in the City of Newport Beach
51
Approvals for Wine Tasting Establishments in the City of Newport Beach
Pavillion's Wine Tasting PA2007 -243 (UP2007 -029)
°C
Business Name
Address
Suite
Case Number
Permitted Hours
1
BevMo!
401 Newport Center Drive
A100
PA2002 -006
(UP2002 -001)
Monday to F day
10:00 a.m.to 9:00 p.m.
Saturday
9:00 a.m. to 9:00 p.m.
Sunda
10:00 a.m. to 7:00 p.m.
Holiday Hrs.
9:00a.m. to 10:00 p.m.
2
Fashion Island Atrium
401 Newport Center Drive
PA2005 -061
(UP2005 -014)
Not specified by conditions of approval.
3
Sejour
3400 Via Lido
PA2002 -167
UP2002 -034
Sunday to Thursday
1:00 .m. to 1 1:00 .m
PA2001 -025
UP2001 -005
Friday and Saturday
1:00 p.m. to 12:00a.m.
4
Wine Gallery
2411 East Coast Highway
250
PA2006 -271
(UP2006 -038)
Sunday to Thursday
11:00 a.m. to 9:00 p.m.
PA2001 -184
(UP2006 -038)
Friday and Saturday
11:00 a.m. to 10:00 p.m.
5
Wine Lab /Great Legs
2901 West Coast Highway
100
PA2002 -195.
(UP2002 -041)
Monday to Wednesday
10:00 a.m. to 7:00 p.m.
Sunda
11:00 a.m. to 7:00 p.m.
Thursday to Saturday
10:00 a.m. to 9:00 p.m.
Pavillion's Wine Tasting PA2007 -243 (UP2007 -029)
°C
-*a4 - - 7-9a-0g
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2007-
029 TO ALLOW THE ON -SALE AND OFF -SALE OF BEER
AND WINE AT AN EXISTING RESTAURANT LOCATED AT
21181 NEWPORT COAST DRIVE (PA 2007 -243)
WHEREAS, an application was filed by Von's Companies, Inc., with respect to
property located at 21181 Newport Coast Drive, and legally described as Parcel 1, as
shown on Miscellaneous Map 318 -27, requesting approval of a use permit to allow the
on -sale of alcoholic beverages in the form of on -site wine and beer tasting and the off -sale
of alcoholic beverages previously approved by the County of Orange.
WHEREAS, at a noticed public hearing held on April 17, 2008, the Planning
Commission considered the project application, plans, and written and oral evidence
presented at this meeting, and approved Use Permit No. 2007 -029; and
WHEREAS, on April 25, 2008, an appeal of the Planning Commission's approval
of Use Permit No. 2007 -029 was filed by the applicant requesting that the City Council
reconsider the Planning Commission's decision; and
WHEREAS, public hearings were held on June 10, 2008 and July 22, 2008, 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
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the City Council at this meeting; and
WHEREAS, pursuant to Section 20.95.060 C, the public hearing on an appeal
was conducted "de novo," meaning that it is a new hearing and the decision being
appealed has no force or effect as of the date the appeal was file; and
WHEREAS, the Land Use Element of the General Plan designates the project
site as Neighborhood Commercial, which is intended for limited retail and service uses
developed in one or more distinct centers oriented to primarily serve the needs and
maintain compatibility with residential uses in the immediate. area; and
WHEREAS, the subject property is designated as a Commercial Village land use
within the Newport Coast Planned Community zoning district, which is intended to
provide the Newport Coast area with commercial uses, which include food and
beverage sales; and
WHEREAS, the Police Department has advised that Reporting District 61 has a
lower concentration of ABC licenses than Reporting District 64, and a higher
concentration of ABC licenses than Reporting District 66; and
City Council Resolution No.
Page 2 of 7
WHEREAS, the Police Department has advised that Reporting District 61 is not
within an area where the number of crimes is at least 75 percent higher than the
average of all City Reporting Districts; and
WHEREAS, the proposed use is consistent with the purpose and intent of
Section 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code; and
WHEREAS, consistent with required findings for approval of a use permit as set
forth in Section 20.91.035 of the Newport Beach Municipal Code, the following findings
and facts in support of such findings are made:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purpose of the district in which the site is located.
Facts in Support of Finding:
a. The project is located in the Commercial Village land use area of the
Newport Ridge Planned Community District, which is intended to
encourage a variety of local commercial uses, facilities supporting the
surrounding community, and the opportunity for multi - family residential uses
which combine to make this a unique mixed -use development area. Local
commercial uses within the Commercial Village may include retail sales,
local services, and limited professional and administrative office uses. The
existing grocery store with the proposed alcohol sales and ancillary tasting is
a retail use and therefore consistent with the purposes of the Newport Ridge
Planned Community District.
b. The Newport Ridge Planned Community Text allows for retail commercial
uses, including the existing grocery store. Alcohol sales are less than 30
percent of grocery store sales and are therefore ancillary to the primary
retail use of the property.
2. Finding: That the proposed location of the Use Permit and the proposed
conditions under which it would be operated or maintained will be consistent with
the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort, or welfare
of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the city.
Facts in Support of Finding:
a. The General Plan land use category for this site is Neighborhood
Commercial (CN). The CN category is .intended to provide for a limited
range of retail and service uses developed in one or more distinct centers
oriented to serve the needs of and maintain compatibility with residential
City Council Resolution No.
Pacie 3 of 7
uses in the immediate area. A grocery store with ancillary alcohol sales
and wine tasting is a permitted use in a neighborhood - serving shopping
center.
b. The project has been conditioned to ensure the welfare of the surrounding
community. The on -site consumption of alcohol will be limited to small
quantities of beer and wine and will be under the supervision of LEAD -
trained employees over that age of 21. The hours of operation for the wine
tasting area will be Monday through Sunday, 12:00 p.m. through 9:00 p.m.,
which are within the hours of operation of the Pavilion's grocery store
(Monday through Sunday: 6:00 a.m. — 12:00 a.m.). Serving and
consumption areas shall be under security camera surveillance.
Furthermore, alcohol sales will remain an ancillary use to the primary retail
use of the property and all serving and consumption areas will separated
by a permanent barrier from the retail sales area.
3. Finding: That the proposed use will comply with the provisions of this Code,
including any specific condition required for the proposed use in the district in
which it would be located.
Facts in Support of Finding:
a. The project has been conditioned to comply with the development and
operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage
Outlets) of the Municipal Code as they relate to the operation of the
proposed project. Alcoholic beverages will only be served in a specific area
and separated by a permanent barrier from the retail sales area of the
store. All persons serving alcoholic beverages will receive LEAD training.
b. The project has been reviewed and conditioned 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 alcoholic beverage outlet and
adjacent properties during business hours, if directly related to the patrons of
the subject alcoholic beverage outlet.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to 15301
(Existing Facilities) of the Implementing Guidelines of the California Environmental Quality
Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Newport Beach hereby approves Use Permit No. 2007 -029, subject to the Conditions set
forth in Exhibit "A ".
PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF JULY.
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMEBERS
MAYOR
ATTEST:
CITY CLERK
City Council Resolution No. _
Page 4 of 7
EXHIBIT "A"
City Council Resolution No. _
Pace 5 of 7
CONDITIONS OF APPROVAL
USE PERMIT NO. 2007 -029
PROJECT SPECIFIC CONDITIONS
The project shall be constructed and operated in substantial conformance with the
approved plot plan and floor plans, stamped and dated March 3, 2008.
A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this approval that would attract large crowds,
include any form of on -site media broadcast, or increase the expected occupancy
beyond 15 patrons and 2 employees at any one time or for other activities requiring
such Special Events Permit as set forth in the City of Newport Beach Municipal
Code.
The alcoholic beverage outlet operator shall take reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the alcoholic beverage outlet and adjacent
properties during business hours, if directly related to the patrons of the subject
alcoholic beverage outlet. If the operator fails to discourage or correct nuisances,
the Planning Commission may review, modify or revoke this Use Permit in
accordance with Chapter 20.96 of the Zoning Code.
4. Hours of operation of the wine tasting area shall be from 12:00 p.m. to 9:00 p.m. on
Monday through Sunday.
5. The consumption area shall be limited to wine tasting and limited beer tasting. The
applicant shall be permitted to serve specialty beers for tasting on occasion per the
Type 42 ABC license, which permits wine and beer service; however, alcohol
consumption shall be primarily for wine tasting. The tasting of distilled spirits shall
be prohibited.
6. Each tasting shall be limited to 2 ounce pours per tasting
7. Wine and beer tasting shall remain an ancillary use to the primary retail function of
the property. The quarterly gross sales of alcoholic beverages shall not exceed 30
percent of the gross sales of food and non -food sales during the same period. The
licensee shall maintain records that reflect separately the gross sale of food and
non -food, and the gross sales of alcoholic beverages of the licensed business. Said
records shall be kept no less frequently than on a quarterly basis and shall be made
available to the Department on demand.
8. No live entertainment or dancing shall be permitted.
City Council Resolution No.
Paae 6 of 7
9. All store employees serving alcohol shall be LEAD Program trained through the
Department of Alcohol Beverage Control, at least 21 years of age, and serve under
the supervision of the wine steward, store manager, or department manager. In
addition, the wine steward, store manager, and department manager shall also be
LEAD - trained. At least one employee shall be on site at all times the wine tasting
counter is in operation.
10. Alcohol consumption shall only be permitted within the area depicted on the
approved floor plan.
11. The consumption area shall be separated from the retail sales area with a solid
decorative barrier (subject to ADA compliance) at least 40 inches high placed
around the perimeter of the consumption area.
12. Serving and consumption areas shall be under security camera surveillance.
STANDARD CONDITIONS
13. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
14. 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.
15. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
16. The applicant shall pay any unpaid administrative costs associated with the
processing of this application to the Planning Department.
17. Any changes in operational characteristics, hours of operation, expansion in
area, or modification to the floor plan, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
18. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
19. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health,
City Council Resolution No. _
Page 7 of 7
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.
20. Use Permit No. 2007 -029 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal
Code, unless an extension is otherwise granted.