HomeMy WebLinkAboutRESO 2016-43_3480 W Warner Ave (SA River Brewing)11.28.16
RESOLUTION NO. 2016-43
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2016-34, AS CONDITIONED, TO
ALLOW A LIMITED TASTING AREA AND LIMITED DIRECT
SALES TO CUSTOMERS OF ALCOHOLIC BEVERAGES
AT AN ALCOHOLIC BEVERAGE MANUFACTURING
FACILITY LOCATED AT 3480 WEST WARNER AVENUE,
UNIT B
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. Santa Ana River Brewing Company ("Applicant') is requesting approval of
Conditional Use Permit No. 2016-34 to allow a limited tasting area and
limited direct sales to customers of alcoholic beverages at an alcoholic
beverage manufacturing facility located at 3480 West Warner Avenue, Unit
B.
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 November 28, 2016, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit No. 2016-34.
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.
2016-34 to allow the operation of a microbrewery with a tasting area and
direct customer sales:
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 limited tasting area and limited direct sales of
beer to customers will provide an ancillary service to the
manufacturing facility. This will thereby benefit the community
by providing a unique manufacturing operation with an
additional and complementary public service. Standards and
Resolution No. 2016-43
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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.
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 microbrewery 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. 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 microbreweries in
Orange County that also offer 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 Santa Ana, 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 microbrewery 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, allowed by right by
the SAMC, having all necessary equipment to operate
primarily as a beer manufacturer with ancillary alcohol service
that is open to the public.
Resolution No. 2016-43
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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.
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 microbrewery,
meets the City's needs for goods and services for residents
and visitors. 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
microbrewery will ensure 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 an industrial area and its operations will be
compatible with the surrounding industrial businesses and
will minimize impacts to surrounding 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 limited tastings and limited
direct sales to consumers within an existing structure. No expansions of
square footage or physical land disturbance are proposed as part of this
project. Categorical Exemption Environmental Review No. 2016-100 will be
filled for this 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.
Resolution No. 2016-43
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Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2016-34 as conditioned
in Exhibit "A" attached hereto and incorporated herein for the project located at 3480
West Warner Avenue, Unit B. 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 November 28, 2016, and exhibits attached thereto; and the
public testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 28t' day of November, 2016.
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mendoza,
Verino (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
44A&Xy/u" K'
L nette Verino
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Lisa S orck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the
attached Resolution No. 2016-43 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on November 28, 2016.
Date: I I' q g /) ( �I/N`" A�
Acting Recording Secretary
City of Santa Ana
Resolution No. 2016-43
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EXHIBIT A
Conditions for Approval for Conditional Use Permit No. 2016-34
Conditional Use Permit No. 2016-34 for a microbrewery at 3480 West Warner Avenue,
Unit B, 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 sales, service, and consumption of alcoholic beverages shall be permitted only
between the hours of 12:00 p.m. and 9:00 p.m. and are limited to the approved tasting
area.
2. 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. The facility must remain primarily a
manufacturing facility.
3. 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.
4. 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 sold, served or
consumed.
5. Anyone under the age 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 — only other products manufactured
by Santa Ana River Brewing Company.
7. Employees shall not consume any alcoholic beverages during their work shift, except
for product sampling for purposes of employee education about new products.
Resolution No. 2016-43
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8. 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 other than the primary business signage permitted by the
Santa Ana Municipal Code. 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.
9. There shall be no promotions encouraging intoxication or drinking contests or
advertisements indicating "buy one free", "two for the price of one", or "all you can drink
for..." or similar language.
10. No amusement machines or video games shall be maintained or operated on the
premises at any time.
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. This land use authorization is only applicable to a Type 23 license. Any other type of
alcohol license at this location will require submittal of plans to the Planning Division for
review after which the Planning Manager will determine if administrative relief is
available of if the project must be reviewed by the Planning Commission.
14. 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.
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