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HomeMy WebLinkAbout20140922_Reso2014-34_1824ECarnegieAveROH — 09/22/14 RESOLUTION NO. 2014 -34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -19 FOR A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1824 EAST CARNEGIE AVENUE 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 -19 for a Type 23 Alcoholic Beverage Control (ABC) license, which allows a small beer manufacturer, for the property located at 1824 East Carnegie Avenue. B. 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. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. D. On September 22, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -19. E. 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 Conditional Use Permit No. 2014 -19 to allow for a Type 23 ABC license: 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 alcohol beverage license will provide a service to individual and other businesses that wish to purchase unique craft beer for personal use or resale. This will thereby benefit the community by providing an opportunity for unique and locally made product. Conditions have been placed on the alcoholic beverage control license which will mitigate any Resolution No. 2014 -34 Page 1 of 6 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 license for a small beer manufacturer 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 license 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) zoning district which is consistent with other light industrial and manufacturing uses in the area. 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 for local and regional consumption. Moreover, the manufacturing of specialty crafted beer allows the industrial base to remain economically viable and contribute to the overall success of Santa Ana. Network Brewery will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. 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 beer, allows tastings and sell beer pursuant to Chapter 41 of the Santa Ana Municipal Code. Additionally, the restaurant will utilize five percent of the gross floor area for tasting, product sales and display, which meets the maximum threshold established by the 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 Resolution No. 2014 -34 Page 2 of 6 small beer manufacturer provides a specialty use for the Santa Ana community and strengthens the economic vitality of Light Industrial (M1) zoning district along Carnegie Avenue. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed micro - brewery will be located entirely within an enclosed building and its operations as a light manufacturing use will be compatible with the surrounding mix of industrial uses. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow a small beer manufacturer within an existing industrial building. Categorical Exemption Environmental Review No. 2014 -52 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 -19 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 September 22, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2014 -34 Page 3 of 6 APPROVED AS TO FORM: Sonia R,,C- rvalho, City Attorney low 2111 rney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -34 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2014. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2014 -34 Page 4 of 6 Conditions for Conditional Use Permit No. 2014 -19 Conditional Use Permit No. 2014 -19 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 -xx Page 1 of 2 Page 5 of 6 10. Conditional Use Permit No. 2014 -19 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 23 licenses. Any other type of license use at this location will require a new land use clearance. Exhibit A Resolution No. 2014 -xx Page 2 of 2 Page 6 of 6