HomeMy WebLinkAboutRESO 2016-10_802 E Washington Ave (Blinking Owl Distillery)LS 3.28.16
RESOLUTION NO. 2016-10
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2016-04 AS CONDITIONED TO ALLOW
A TYPE 74 ALCOHOL BEVERAGE CONTROL LICENSE
FOR THE PROPERTY LOCATED AT 802 EAST
WASHINGTON 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. 2016-04 to
allow a Type 74 Alcoholic Beverage Control (ABC) license at the property
located at 802 East Washington Avenue.
B. Santa Ana Municipal Code Section 41-196 requires approval of a
conditional use permit for establishments wishing to sell alcohol for on- or
off -premise consumption.
C. On March 28, 2016, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2016-04.
D. The Planning Commission of the City of Santa Ana determines that the
following findings, which must be established in order to grant this
Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC)
Section 41-638, have been established for Conditional Use Permit No.
2016-04 to allow a Type 74 ABC license:
1. That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or
community.
The proposed Type 74 ABC license will provide an ancillary
service to the manufacturing facility by allowing the facility to
offer tours, limited tastings, and limited sales to consumers.
This will thereby benefit the community by providing a unique
manufacturing operation with an additional and
complementary public service. Standards and conditions are
applicable to 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.
Resolution No. 2016-10
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2. That the proposed use will not, 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 Type 74 ABC license will not be detrimental to
persons residing or working in the vicinity because
conditions of approval to the alcoholic beverage control
license will mitigate any potential negative or adverse
impacts created by the use. This is primarily a
manufacturing use and the addition of alcohol sales and
tastings to the public will be ancillary to the main use as a
craft distillery. In addition, the use will occur within the
premises, mitigating any potential impacts to the surrounding
neighborhood. Finally, the sale of alcohol at the facility is
intended to be incidental to the primary use as a
manufacturing operation.
3. That the proposed use will not 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 the manufacturing
facility to compete with other nearby craft distilleries in Orange
County that also offer tours, limited tastings, and limited sales
to their guests and other visitors. Moreover, the offering of
alcoholic beverages will allow the operator to remain
economically viable and contributes to the overall success of
the Transit Zoning Code area, helping to decrease the
number of vacant spaces that may affect the economic
viability of the area.
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed project will be in compliance with all applicable
regulations and conditions imposed on a manufacturing
facility selling alcohol pursuant to Chapter 41 of the Santa
Ana Municipal Code. The facility will be maintained as a
manufacturing operation, having all necessary equipment to
operate primarily as a craft distillery, and producing spirits as
a manufacturing operation with ancillary alcohol service that is
open to the public.
5. That the proposed use will not adversely affect the General Plan of
the city or any specific plan applicable to the area of the proposed
use.
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The proposed use will not adversely affect the General Plan.
The granting of this conditional use permit supports several
policies contained in the General Plan. Policy 2.2 of the
Land Use Element encourages land uses that accommodate
the City's needs for goods and services. Providing a variety
of unique manufacturing facilities, including a craft distillery,
meets the City's needs for goods and services for residents
and visitors. Furthermore, Policy 2.8 of the Land Use
Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. The operator's tenancy contributes to the
maintenance and viability of the repurposed industrial
building in which it is located. Further, Policy 2.9 of the Land
Use Element supports developments that create a business
environment that is safe and attractive. Conditions of
approval for the proposed Type 74 ABC license will maintain
a safe and attractive environment in the neighborhood.
Finally, Policy 5.5 of the Land Use Element encourages
development that is compatible with and supporting of
surrounding land uses. The facility will be located in a mixed
industrial, commercial, and residential area and its
operations will be compatible with the surrounding industrial
and commercial businesses and will minimize impacts to
residential properties in the vicinity.
E. In accordance with the California Environmental Quality Act (CEQA) the
recommended action is exempt from CEQA per Section 15061(b)(3). This
exemption applies to projects 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 proposes to allow onsite tours,
limited tastings, and limited direct sales to consumers within an existing
manufacturing operation. No expansion of square footage or interior
reconfigurations of square footages are proposed as part of the project.
Section 2. The applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2016-04 as conditioned
in Exhibit "A" attached hereto and incorporated herein for the project located at 802 East
Washington Avenue. This decision is based upon the evidence submitted at the
Resolution No. 2016-10
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abovesaid hearing, which includes, but is not limited to: the Request for Planning
Commission Action dated March 28, 2016, and exhibits attached thereto; the Request
for Planning Commission Action dated March 28, 2016, and exhibits attached thereto;
and the public testimony, written and oral, all of which are incorporated herein by this
reference.
ADOPTED this 28th day of March, 2016.
AYES: Commissioners: Alderete, Bacerra, Bauer, McLoughlin, Mill, Verino (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Gartner (1)
ABSTENTIONS: Commissioners: None (0)
a es 4Gartner
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: � --
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2016-10 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 28, 2016.
Date: vX f N/10
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016-10
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EXHIBIT A
Conditions for Approval for Conditional Use Permit No. 2016-04
Conditional Use Permit No. 2016-04 for a Type 74 Alcoholic Beverage Control license 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 belowrip 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 operator of the establishment shall submit to the Planning Division three (3) copies
of a program/schedule one month before any special event at the premises for review
by the Planning Division, Police Department, and Public Works Agency. Special
events shall include, but not be limited to, a grand opening event, promotional events,
weddings, ceremonies, celebrations, anniversaries, and similar occurrences that create
the possibility of generating noise and parking impacts to the surrounding community
beyond the normal impacts of the day-to-day operations at the manufacturing facility.
The program/schedule must contain details on proposed or scheduled events,
including the type of event, relevant groups/organizations, dates, hours and duration,
expected attendance, and any other pertinent information.
2. The operator of the establishment shall provide a valet service and/or transportation
service to all patrons attending special events to and from the Santa Ana Regional
Transportation Center (SARTC) as first option unless staff sees the need to use
another location. If providing a valet or transportation service, it shall be the operator's
responsibility to obtain all necessary approvals by City agencies prior to offering such
service. If providing a valet or transportation service, it shall be the operator's
responsibility to obtain all necessary approvals by City agencies prior to offering such
service.
3. The sales, service, and consumption of alcoholic beverages shall be permitted only
between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the
granting of a conditional use permit for after-hours operations pursuant to Santa Ana
Municipal Code Chapter 41.
4. 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, with the exception of any enclosed patio areas.
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5. The applicant or an employee of the licensee must be present to monitor all areas of
the facility during all times that alcoholic beverages are being served or consumed.
6. Queuing lines shall be managed in an orderly manner and all disruptive and/or
intoxicated patrons shall be denied entry. The business owner, or his designee, shall
be responsible for monitoring the queuing lines at all times.
7. The outdoor queuing line shall not block public walkways or obstruct the entry or exit
doors of adjacent businesses. Stanchions or barriers must be used to maintain order
at all times the queue exceeds 25 patrons. If located on public property those barriers
must be approved by the Public Works Agency.
8. Employees and contract security personnel shall not consume any alcoholic beverages
during their work shift, except for product sampling for purposes of employee education
about new products.
9. There shall be no exterior advertising of any kind or type, including window signs or
other signs visible from outside, that promote or indicate the availability of alcoholic
beverages on the premises. Interior displays of alcoholic beverages or signs, which
are clearly visible to the exterior, shall constitute a violation of this condition.
Permissible window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage. Floor displays shall not exceed three
feet in height.
10.There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating "buy one drink, get one free", "two for the price of one", or "all
you can drink for..." or similar language.
11. Live Entertainment, including but not limited to, amplified music, karaoke, performers
and dancing, is prohibited or shall be subject to the issuance of an entertainment
permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 — Entertainment,
and shall comply with all of the standards contained therein. Notwithstanding this
requirement, music/noise shall not be audible beyond 20 feet from the exterior of the
premises in any direction.
12. Neither the applicant, nor any person or entity operating the premises with the
permission of the applicant, shall violate the City's adult entertainment ordinance
contained in SAMC Section 12-1 and 12-2.
13. The premises shall not be operated as an adult entertainment business as such term is
defined in SAMC Section 41-1701.6.
14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to
the premises under the control of the licensee.
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15. 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.
16. 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.
17. The facility 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.
18. A timed -access cash controller or drop safe must be installed.
19. Install a silent armed robbery alarm.
20. The owner or manager of the licensed premises shall maintain on the premises a
written security policy and procedures manual, that has been approved by the police
department, addressing at a minimum the following items; handling obviously
intoxicated persons; establishing a reasonable ratio of employees to patrons, based
upon activity level, in order to monitor beverage sales and patron behavior; handling
patrons involved in fighting, arguing or loitering about the building and in the immediate
adjacent area that is owned, leased, rented or used under agreement by the
Licensee(s); verifying age/checking identification of patrons; warning patrons of
reaching their drinking limit/potential intoxication and refusing to serve; calling the
police regarding observed or reported criminal activity and the management of queuing
lines.
21. Staff shall review the operational impacts of the facility on the community after one (1)
year and prepare a memo to the Planning Commission with any issues to report.
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