HomeMy WebLinkAbout20140414_2014-11_1409EWarnerAvSteC-DROH — 04/14/14
RESOLUTION NO. 2014 -11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2014 -04 FOR TYPES 4, 6, AND 23
ALCOHOLIC BEVERAGE CONTROL LICENSES FOR THE
PROPERTY LOCATED AT 1409 EAST WARNER AVENUE,
SUITES C AND D
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Conditional Use Permit No. 2014 -04 for
Types 4, 6, and 23 Alcoholic Beverage Control (ABC) licenses, which allows
the sale of beer, wine, and distilled spirits for off - premise consumption, for
the property located at 1409 East Warner Avenue, Suites C and D.
B. A Type 4 license is for a distilled spirits manufacturer. A Type 6 license is
for a still. Pursuant to California Business and Professions Code section
23363, any licensed manufacturer of distilled spirits may sell the distilled
spirits to any person holding a license authorizing the sale of distilled spirits.
Additionally, pursuant to California Business and Professions Code section
23363.1, a distilled spirits manufacturer's license authorizes the licensee to
conduct tastings of distilled spirits produced or bottled by or for the licensee
on or off the licensee's premises.
C. A Type 23 license is for a small beer manufacturer. Pursuant to California
Business and Professions Code section 23357, this license allows patrons
to purchase beer produced or bottled by the licensee for consumption on or
off site. Additionally, pursuant to California Business and Professions Code
section 23357.3, this license allows tasting of beer produced or bottled by
the licensee without charge either on or off the premises.
D. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit
for the sale of alcoholic beverages.
E. On April 14, 2014, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2014 -04.
F. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit pursuant to
Santa Ana Municipal Code Section 41 -638, have been established for
Resolution No. 2014 -11
Page 1 of 6
Conditional Use Permit No. 2014 -04 to allow for Types 4, 6, and 23 ABC
licenses:
1. Will the proposed use provide a service or facility which will contribute
to the general well being of the neighborhood or the community?
The proposed alcoholic beverage licenses will provide a
service to both individuals and other businesses that wish to
purchase unique craft beer and distilled spirits for personal use
or resale. This will thereby benefit the community by providing
an opportunity for unique and locally made products.
Conditions have been placed on the alcoholic beverage
control license which will mitigate any potential impacts
created by the use and ensure that the use will not negatively
affect the surrounding community.
2. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The proposed licenses for the small beer brewery and distillery
at this location will not be detrimental to persons residing or
working in the vicinity because conditions have been placed
on the alcoholic beverage control licenses that will mitigate
any potential negative or adverse impacts created by the use.
In addition, the use is located within the Light Industrial (M -1)
Zone, consistent with other manufacturing uses.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow businesses and
individuals to purchase a unique and locally brewed craft beer
and distilled spirits such as whiskey, mainly for local and
regional consumption. Moreover, the manufacturing of
specialty products allows the industrial base to remain
economically viable and contributes to the overall success of
Santa Ana, helping to decrease the number of vacant tenant
spaces that may affect the economic viability of the site.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
manufacturing use that produces, allows tastings and sells
Resolution No. 2014 -11
Page 2 of 6
beer and distilled spirits pursuant to Chapter 41 of the Santa
Ana Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses that
accommodate the City's needs for goods and services. A
small beer and distilled spirits manufacturer provides a
specialty use for the Santa Ana community and its location
within the region and contributes to the economic success of
the city as a manufacturing destination. Policy 2.8 of the Land
Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. The re- tenanting of the currently vacant one -half
of the industrial building and tenant improvements further
supports this policy. The project is also consistent with Policy
5.4 of the Land Use Element, supporting land uses which are
consistent with the Land Use Plan of the Land Use Element.
As proposed, the project is consistent with the Industrial (IND)
land use designation.
G. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section
15061(b)(3), which is a general rule exemption where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment. The project will have no significant
effect on traffic, noise, air quality or water quality. Re- tenanting an existing
industrial space with no building expansion would not result in any effect on
the environment. All public services and facilities are available at this
location to allow the re -use of the industrial space and the project area is
not environmentally sensitive, therefore this exemption is warranted for this
project. Categorical Exemption Environmental Review No. 2014 -24 will be
filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2014 -04 as conditioned in
Exhibit "A" attached hereto and incorporated herein. This decision is based upon the
evidence submitted at the abovesaid hearing, which includes, but is not limited to: the
Request for Planning Commission Action dated April 14, 2014, and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
Resolution No. 2014 -11
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ADOPTED this 14th day of April 2014 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill,
Yrarrazaval (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Nalle (1)
ABSTENTIONS: Commissioners: None (0)
APPROVED AS TO FORM:
Sonia R.,Cprvalho, City Attorney
By:
Ryan
Assista
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2014 -11 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on April 14, 2014
Date: �/-o77 -1;2D/y
Cam'
Sedetary of the P anning CoX mission
City of Santa Ana
Resolution No. 2014 -11
Page 4 of 6
Conditions for Conditional Use Permit No. 2014 -04
Conditional Use Permit No. 2014 -04 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code, and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. The approval of this Conditional Use Permit must not be construed as the approval
of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment and /or
dancing and this establishment must not operate as such.
2. The sales, service or consumption of alcoholic beverages directly to patrons can
only be permitted in the approved tasting areas.
3. There will be no gatherings or parties at this location other than guided tours of the
facility and /or special events permitted by SAMC Chapter 41- 195.5, Temporary
Outdoor Activities.
4. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 12:00 p.m. and 9:00 p.m.
5. Anyone under the age of twenty -one (21) entering the tasting area must be
accompanied by a parent or guardian.
6. No other brand of beer may be sold at this location other than products
manufactured by the company.
7. There shall be no promotions encouraging on -site consumption of alcohol.
8. No amusement machines or video games shall be maintained on the premises at
any time.
9. It shall be the applicant's responsibility to ensure that no alcoholic beverages are
consumed on any property adjacent to the licensed premises under the control of
the applicant.
Exhibit A
Resolution No. 2014 -11
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APRIL 14, 2014
PAGE 2OF2
10. Conditional Use Permit No. 2014 -04 allows a manufacturing use, along with
ancillary office, tasting and retail components. The restaurant privilege allowed
through Alcohol Beverage Control licenses cannot be utilized without modification
of this Conditional Use Permit.
11. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
12. There shall be no public telephones located on the exterior of the premises. All
interior pay phones must be designed to allow outgoing calls only.
13. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shall be removed or painted within 24 hours of being
applied.
14. Existing property and required parking must conform to the provisions of Chapter
8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security
Ordinance). These code conditions will require that the existing project lighting,
door /window locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required landscape planters.
Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this
condition must be complied with.
15. Install a silent armed robbery alarm.
16. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single
containers for off -site consumption, but must be sold in pre - packaged multi -unit
quantities.
17. This land use authorization is only applicable to a Type 4, 6 and 23 licenses. Any
other type of license use at this location will require a new land use clearance.
18. Prior to issuance of the certificate of occupancy, construct a trash enclosure to city
requirements as approved by the Planning and Building Agency.
19. Prior to issuance of a certificate of occupancy, install a total of eight 24 -inch box
trees within the front yard setback area, as approved by the Planning and Building
Agency.
Resolution No. 2014 -11
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