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11 - PH-1 - Appeal Conditional Use Permit PA-17-16 - 10/17/2017
CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 17, 2017 ITEM NUMBER: PH -1 SUBJECT: APPEAL OF CONDITIONAL USE PERMIT PA -17-16 FOR A MICROBREWERY WITH A TASTING ROOM AND OFF-SITE PARKING AT 2930 BRISTOL STREET AND 700 & 710 RANDOLPH AVENUE AND A MINOR CONDITIONAL USE PERMIT TO INCLUDE AN OUTDOOR DINING PATIO AND OFF-SITE ACCESS ACROSS 2930 BRISTOL STREET FROM: PLANNING DIVISION / DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: DANIEL INLOES, SENIOR PLANNER DATE: OCTOBER 4, 2017 FOR FURTHER INFORMATION CONTACT: DANIEL INLOES, AICP (714) 754-5609 daniel.inioes@costamesaca.gov RECOMMENDATION The City Council should either uphold, uphold with revisions or reverse the Planning Commission's decision to approve a Conditional Use Permit (CUP) for a microbrewery with a tasting room (Bootlegger's Brewery) and outdoor patio area. The microbrewery proposes to occupy a 2,703 -square -foot lease area at 696 Randolph Avenue. The proposed business involves: • Alcohol sales for onsite and offsite consumption -the microbrewery will not be selling food. • The proposed hours of operation are: o Sunday —Wednesday: 10:00 AM — 12:00 (Midnight) o Thursday— Saturday: 10:00 AM — 1:00 AM • Pedestrian access only from Randolph Avenue and pedestrian and vehicular access across the adjacent LAB parking lot at 2930 Bristol Street. • Unencumbered parking at 700 & 710 Randolph Avenue will be used for this use to meet its parking requirement. The project was approved by the Planning Commission on August 14, 2017, on a 3-0 vote with Commissioners Andranian and Harlan absent. Two appeals to the action of the Planning Commission were filed on August 17, 2017. The appeals to the action of the Planning Commission were submitted by Robert Burnand and SoBECA Parking and Access Reform Kickstart (SPARK). AUTHORIZED AGENT / APPELLANT The applicant for the microbrewery is Anthony Massaro, authorized agent for the property owner, Mary Jane Pierce, Trustee, Sandra L. Barden, Trustee, and Donald V. Barden and Bette J. Barden, Trustees. BACKGROUND Project Site/Environs The property is zoned C2 (General Business District) and has a General Plan land use designation of GC (General Commercial). The property is also located within the South Bristol Entertainment & Cultural Arts (SoBECA) Urban Plan area: however, because the request does not involve a new development project, the proposed project does not require master plan approval and does not activate any of the provisions in the urban plan. The property is located on Randolph Avenue, east of Bristol Street, and is positioned on the north side of the street. The site contains one existing industrial building, built in the 1960s, and surface parking. A total of 12 on-site parking spaces are indicated on the site plan. The existing building has four tenant spaces; one already occupied by an office use. The rear of the parcel, where the main access will be located, is adjacent to the south side of The LAB property (2930 Bristol) which contains retail and food service business uses compatible with the proposed project. An apartment complex is located at the end of Randolph street, less than 200 feet from the project site. Gated access is provided at this rear entrance. One parcel, 690 Randolph, is located between the proposed brewery building and the apartment complex. Landscaping, carports, and a drive aisle are located between the apartment units and 690 Randolph. The main entrance to the apartment complex is located on Baker Street. ANALYSIS Conditional Use Permit The authorized agent is proposing to use 2,703 square feet of the existing 3,604 -square - foot building as a microbrewery. The 295 -square -foot outdoor patio is considered public area. Breweries/distilleries are a conditionally permitted use in the C2 zone. As part of the small beer manufacturing (Brewery) use, the floor plans include public areas (tasting room and outdoor patio) and private areas/industrial uses that are not open to the public. The table below provides a breakdown of floor plan. Table 1. Bootlegger's Brewery Floor Area Totals PUBLIC AREA Floor Area Tasting Room 745 SF Outdoor Patio 295 SF Restrooms 360 SF Public Area Total 1,400 SF INDUSTRIAL USE AREA Floor Area Cold Storage 210 SF Brewing Production 773 SF Office 251 SF Storage/Mechanical 317 SF Restroom 47 SF Industrial Area Total 1,598 SF TOTAL 2,998 SF The ABC License (Type 23) for a small beer manufacturer allows sales of alcoholic beverages for both on-site consumption (tasting) and off -premise consumption. ABC does not require a finding of public necessity or convenience for a Type 23 license. Pedestrian and Vehicular Access The existing site layout on 696 Randolph Avenue consists of a single legal nonconforming building with zero front setback, and zero side setback along the west interior property line. Existing vehicular access to the property is provided via a ten -foot -wide driveway between the building and the building to the west, which also has a zero -foot side yard setback on the west interior property line. This narrow 10 -foot -wide driveway extends the length of the building, approximately 40 feet and provides access to the surface parking lot at the rear of the property. The building currently has an existing entrance located on Randolph Avenue and pedestrian access to the entrance is available along the sidewalk fronting the property. The proposed floor plan of the Microbrewery moves the tasting room entrance to the rear of the building. The current entrance off of Randolph Avenue will be closed to the public. Relocating the front entry facilitates better connectivity, both practically and visually to the adjacent LAB commercial property. Thirty feet of fencing previously located along the rear property will be removed to allow vehicle access across the two parcels as well as to create a pedestrian path between The LAB and the brewery properties. With these revisions, the only vehicular access to the brewery site will be via The LAB property. Adequate parking is available within this area for the brewery and LAB parking area as addressed later in this report. Staff also worked with the applicant to close off the existing narrow driveway off of Randolph Avenue and that space will function as a pedestrian paseo connecting Randolph Street to the rear entrance of Bootlegger's Brewery and The LAB property. The only vehicle access that may occur at the paseo entrance on Randolph is deliveries to the brewery during hours when it is closed to the public. This will keep delivery vehicles from blocking traffic and parked cars on Randolph Street. Outdoor Dining Patio With the entrance relocated to the rear of the property, space is available for the brewery to provide a 295 -square -foot outdoor patio. The patio area is next to the entrance of the tasting room and abutting the pedestrian path that connects the brewery with the rest of The LAB and Randolph Avenue. Per Zoning Code Section 13-47, outdoor seating areas for establishments where food or beverages are served require a minor conditional use permit. Parking Bootlegger's Brewery proposes to locate within a 3,604 -square -foot building that also includes a 901 -square -foot existing office use that is separate from the proposed project. Bootlegger's Brewery parking requirements are based on 1,400 square feet of public area and 1,598 square feet for industrial/office use. There are a total of 12 on-site parking spaces. The proposed use and the existing office use require a total of 23 parking spaces. Therefore, onsite parking is insufficient to satisfy the parking requirement. To meet the parking requirement, the applicant is proposing to enter into a shared parking agreement to use a portion of the unencumbered parking at 700 and 710 Randolph Avenue which is already tied to The LAB through a shared parking agreement and long- term lease. The table below shows parking requirements for both existing and proposed uses. Table 2 Parkina Reauirements Based on the parking table above and the proposed shared parking agreement, the proposed uses at 696 Randolph Avenue would not create a parking shortage. Hours of Operation Any food or beverage establishment within 200 feet of residentially zoned property that is open past 11:00 PM requires discretionary approval due to the potential for noise impacts to nearby residents. The microbrewery requests to remain open until midnight on Sunday through Wednesday and 1:00 AM on Thursday through Saturday. There are two other microbreweries within a quarter mile (also within the SoBECA Urban Plan area) that have been approved for extended hours. These two breweries are approximately 500 feet from a residential development located across Baker Street. Table 3. Hours of Operation of Microbreweries in the SoBECA Urban Plan Area Use Address Parking Spaces Use Address Monday -Thursday: 5 PM - 12 AM PA -13-18 A2 130 S Highland Ave Required 2930 Bristol St / 700 & 710 Randolph Saturday: 11 AM - 1 AM The LAB 2960 Randolph Ave 155 PA -15-50 Avenue Thursday -Saturday: 12 PM - 8:30 PM Bootlegger's Brewery and Office 2351 West Lugonia Ave 696 Randolph 23 Space Sun: 12 PM - 6 PM Total Parking Required 178 Total Parking Provided 199 Based on the parking table above and the proposed shared parking agreement, the proposed uses at 696 Randolph Avenue would not create a parking shortage. Hours of Operation Any food or beverage establishment within 200 feet of residentially zoned property that is open past 11:00 PM requires discretionary approval due to the potential for noise impacts to nearby residents. The microbrewery requests to remain open until midnight on Sunday through Wednesday and 1:00 AM on Thursday through Saturday. There are two other microbreweries within a quarter mile (also within the SoBECA Urban Plan area) that have been approved for extended hours. These two breweries are approximately 500 feet from a residential development located across Baker Street. Table 3. Hours of Operation of Microbreweries in the SoBECA Urban Plan Area Use Address Public Hours of Operation Barley Forge 2957 Randolph Ave Monday -Thursday: 5 PM - 12 AM PA -13-18 A2 130 S Highland Ave Friday: 5 PM - 1 AM Saturday: 11 AM - 1 AM Gunwhales Ales 2960 Randolph Ave Sunday -Wednesday: 12 PM - 12 AM PA -15-50 Thursday -Saturday: 12 PM - 8:30 PM Bootlegger's Brewery currently operates two other locations. Their original location in Fullerton is within 200 feet of residential uses and has public hours that extend to midnight. According to the Fullerton planning department, Bootlegger's Brewery has been a welcome operator in Fullerton and does not cause any issues related to after hour patronage. Table 4. Hours of Other Bootleaaer's Brewery Locations Other Bootlegger's Locations Address Public Hours of Operation Sunday -Thursday: 11 AM - 10 PM Fullerton 130 S Highland Ave Friday -Saturday: 11 AM - 12 AM Monday -Tuesday: CLOSED Wed -Thu: 2 PM - 8:30 PM Redlands 2351 West Lugonia Ave Fri -Sat: 12 PM - 11 PM Sun: 12 PM - 6 PM Retail businesses at The LAB currently close between 9 PM and 10 PM depending on the day. Five restaurants at The LAB close at 10 PM. A sixth restaurant, Habana, is approved to be open until 1:00 AM Monday to Wednesday and until 2:00 AM Thursday to Saturday. The Habana restaurant on The LAB site is approximately the same distance to the apartment complex as the proposed brewery, also has an outdoor patio area, and is managed by the same property management company as the brewery. Habana has had no code enforcement complaints regarding noise in the past nine years and The LAB has had only three complaints regarding noise in the past 15 years. Table 5. Hours of Other LAB Businesses The LAB retail Monday -Thursday, Sunday: 10 AM - 9 PM Friday — Saturday: 10 AM - 10 PM The LAB restaurants (5) Daily: Until 10 PM Open until: Habana Sunday: 12 AM Monday - Wednesday: 1 AM Thursday - Saturday: 2 AM Given the orientation of the brewery away from Randolph Avenue, its limited outdoor area, and the common management company that has a long-term history of not allowing outdoor or restaurant activity to impact the adjacent apartment complex, staff supports the requested hours of operation of the brewery. Conditions of approval are added to address the hours and the need to provide security if routine operations become a code enforcement or public safety issue. Noise The proposed use is less than 200 feet from residentially zoned property. The proposed use does not include live entertainment, amplified music, or music speakers outside. Background music within the tasting room area could be considered a noise source. The background music will be conducted entirely within the existing building. The closest apartment unit is 225 feet from the project site. The project site does not directly abut a residentially zoned property; an intermediate parcel lies between 696 Randolph Avenue and the apartment property.. The intermediate parcel has several structures on it and a great deal of mature vegetation offering some noise attenuation. Conditions of approval address the restrictions on entertainment and noise to reduce impacts to residents of the adjacent apartment complex. No proposed food service No food preparation is proposed on-site. No food truck, or food delivery from local commercial kitchens and nearby restaurants are proposed for on-site consumption. Conditions of approval have been placed on this project to reflect these operating characteristics. City study of additional parking for the SoBECA area The City is interested in studying options to add to and/or improve parking and circulation within the SoBECA area. Such a study would consider options to: improve the safety of pedestrians crossing streets; relocate and/or restrict on -street uses (such as food trucks) that reduce available parking spaces; and provide additional parking and/or reduce parking demand for existing and future uses within SoBECA. Ideas warranting further consideration include: • Restriping current streets to provide more on -street parking. • Slowing travel speeds on wider than needed roadways, such as Randolph Avenue. • Improving pedestrian circulation and aesthetics for patrons to encourage walking and biking both to the SoBECA area and within it.. • Incorporating services such as Uber, Lyft and food delivery services into site planning to reduce the vehicles entering parking areas, particularly during peak business hours. • Providing enticements to patrons to utilize services such as Uber and Lyft, and encouraging pedestrian access within and to SoBECA, to lessen demand for parking. Support for development of a parking and congestion management plan has been positive from tenants and property owners in the area. Staff is developing a work plan to develop a comprehensive parking plan for the SoBECA area. Staff anticipates providing the proposed work plan, along with estimated costs to undertake special studies, as needed, to the City Council later this year. Code Enforcement On September 18, 2017, a complaint was received regarding tenant improvements and window additions at 696 Randolph. The work was not done with permits. The work was done within the tenant portion of the building currently occupied by an office use and is not a part of the proposed microbrewery. The lessee is working with the building department to submit the appropriate plans. Code Enforcement has not issued a citation as of October 4, 2017. Planning Commission Action On August 14, 2017, the project was considered by the Planning Commission. Based on the evidence presented by the applicant and testimony during the hearing, the Planning Commission approved the project on a 3-0 vote (Commissioners Andranian and Harlan absent). Prior to approval, the Planning Commission added Conditions of Approval 31 and 32, as follows: 31. Prior to issuance of building permits the applicant shall submit a parking management plan that is approved by the Development Services Director and shall include but may not be limited to free on-site valet service and the potential for subsidized use of Uber/Lyft or similar service. 32. Six months after the commencement of operation of the microbrewery, the Planning Commission shall review this conditional use permit and the success of the parking management plan on 2930 Bristol, 696, 700, and 710 Randolph Avenue. These conditions require Development Services Director approval of a parking management plan and Planning Commission re -review of the conditional use permit and parking program six months after the brewery opens. A link to the Planning Commission staff report can be found on the City's website here (hardcopy also attached to this report): https://www.costamesaca.gov/ftp/planningcommission/agenda/2017/2017-07-05/PH-2.pdf The excerpt of the Planning Commission meeting minutes for the item are attached to this report (Attachment 6). Appeal of Planning Commission Action On August 17, 2017, two separate appeals to the action of the Planning Commission were filed by Richard Burnand and SPARK. The appeals state concerns about parking, traffic, and an over concentration of alcohol licenses. De Novo Hearing The City Council hearing is a "de novo hearing" in which the City Council may consider the project in its entirety. De novo literally translates to "anew," "afresh" or "a second time." A de novo hearing is a new proceeding where the proposal is presented to the City Council for final consideration. In its decision making, the City Council is not restricted to only considering the evidence previously presented to the Planning Commission. LEGAL REVIEW The City Attorney has reviewed the draft resolutions and they have been approved as to form by the City Attorney's Office. ALTERNATIVES The City Council may take the following actions: 1. Uphold the Planning Commission's decision to approve the project; 2. Approve the project subject to revised conditions of approval; or 3. Reverse the Planning Commission's decision and deny the project. Under Alternative 2, significant modifications to the conditions of approval may trigger the need to continue the hearing to allow a revised resolution to be prepared and considered at a subsequent meeting. CONCLUSION The project was approved by the Planning Commission on August 14, 2017. The decision was appealed by two separate parties on August 17. Both appeals requested the City Council review the application and reconsider the Planning Commission's decision. The City Council may choose to uphold, reverse or modify the Planning Commission's decision to approve the proposed project DANIEL INLOES BARRY CURTIS, AICP Senior Planner Economic Development & Development Services Director Attachments: 1. Location Map, Zoning Map, and 500' Radius Map 2. Site Photos 3. Applicant's Letter 4. Plans 5. Appeals Submitted 6. Draft Resolutions and Exhibits 7. Planning Commission Meeting Minutes 8. Planning Commission Staff Report with Attachments Applicant: Anthony Massaro 2533 Greenbriar Lane Costa Mesa, CA 92626 Property Leasee: The LAP, LP 709 Randolph Avenue Costa Mesa, CA 92629 z Costa Mesa 0,1 u u.ui U. i W G S_ 1984 -Web -Mercator - AuxiIiary_Sphere © Latitude Geographics Grup Ltd. This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Notes T1 Costa Mesa lIj a W BAKERST W BAKERO q,JA Ix t Legend Ir 1z "'" �:= m ❑ Costa Mesa W V .......... 2 t a »�► Zoning El AP %. -o C1 { C1 -S ANy, nc - CL �. I&R-S MG P P ♦ ��,+ S7 CLA�R S7 }; ,• '� O�•� . PDC • `" 5� ❑ PDI .1LQ ® PDR -HD RANDOLPH k� i, ❑ PDR -LD PDR -MD A �• Q� ■ PDR -NCM A" t yh R1 O� R2 -HD S x 11k A r • • e Q R3 � • I Q �p� �� AQP Tc , �j rr' 0h 44 1. 07 y .: O N o es t 0.1 0 0.07 0.1 Miles This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1964_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION I r '-' - - c c -23 cars -. TRACT — F 50 O nO (Dd O 26 k 24 �K E Y r /o n k 161 27 so S. 78 Ac. PW car, 162 25 61K. 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[\� 85 P © 17 %VAC.. /. ly S PM -3 G V. c � i Public Notification Boundary For 696 Randolph Ave & 2930 Bristol St. Costa Mesa CA 92627 APN 418-174-01 & 06 April 24, 2017 JN 17074 ATTACHMENT 2 Acces from 2930 Bristol to 696 Randolph Walking path from 700 Randolph to 696 Randolph New wood fence between 696 and 702 Randolph Existing driveway access onto 696 Randolph Two-story building across the street from site Parking lot at 700 & 710 Randolph Avenue Photos taken on 7/30/2017 Building frontage on Randolph Avenue Rear elevation - Future entrance of Tasting Room 0 Landcaping planter covered by decking Bannisters added to decking area Neighboring property to the west Neighboring property to the east. Photos taken on 7/30/2017 -13- ATTACHMENT 3 AA A ARCHITECTURE Stud i$- & P L A N N I N G I Planning Department City of Costa Mesa, California 77 Fair Drive Costa Mesa, CA 92626 July 31, 2017 Subject: Detailed Project Description Proposed: Microbrewery for Bootlegger's Brewery 696 Randolph Ave, Costa Mesa Project Overview: Bootlegger's Brewery is seeking a Conditional Use Permit to convert a portion of the existing single story structure located at 696 Randolph Ave for a Microbrewery and Tasting Room. Existing Property and Proposed Use: The existing structure on the site is single story, Type V construction that is 3,604 square feet. Bootlegger's Microbrewery will comprise 75% of the building (7,703 square feet.) The additional 901 square feet, that is not a part of this application is currently occupied and utilized as office space by Community Management Corporation. The construction work to convert the structure will be an interior tenant improvement. No architectural changes are being proposed to the exterior of the building. One of the three existing roll up doors at the north wall of the property will be replaced with a glass storefront and door. The proposed use of the facility is for the purpose of brewing artisan ales and a tasting room. The tasting room will be 745 square feet; additionally, there will be 295 square feet of outdoor patio area. (See area breakdown analysis below.) The proposal does not include a commercial kitchen; food trucks, local restaurants or outside catering businesses. No food is proposed to be supplied to the tasting room. Parking Overview: Parking Required: 23 spaces total for all occupant uses. Bootlegger's Brewery: 19 spaces total Community Management Corporation Offices: 4 spaces total. Total on site parking stalls provides: 12 spaces Bootlegger's Brewery Public Area Tasting room Public Restrooms /Vestibule Outdoor Seating 745 360 295 s.f. s.f. s.f. Total Public Area 1,400 s.f. Parking Required: 10 per 1,000 s.f. = 14 spaces MARS HILL STUDIO, INC. 2533 Greenbriar Lane, Costa Mesa, CA 92626 (714)556-8299 fax (714)556-8351 A Bootlegger's Brewery Industrial Use (Non Public) Area Brewing Production 983 s.f. Office 251 s.f. Storage / Mechanical 317 s.f. Employee Restroom 47 s.f. Total Non Public Area F 1,598 s.f. Parking Required: 3 per 1,000 s.f. = 5 spaces Office Portion of Building (not a part of Bootlegger's) Offices 901 s.f. Parking Required: 4 per 1,000 s.f. = 4 spaces Parking Proposed to make un for shortfall Bootleggers Brewery: 10 guest spaces on site, 4 guest spaces and 5 employee spaces off site at 700/710 Randolph Ave parking lot. (See enclosed shared parking agreement.) Community Management Corporation Offices: 2 spaces on site and 2 spaces at 700/710 Randolph Ave parking lot. (See enclosed shared parking agreement.) Proposed Hours of Microbrew�nd Tasting Room Sunday Wednesday. 10:00AM - 12:00 midnight Thursday — Saturday: 10:00 AM — 1:00AM Special -Considerations: The north side of the site at 696 Randolph Avenue abuts the south side of the property at 2930 Bristol Street which is the Lab Mall. While it is technically feasible to stripe the 696 Randolph property with 15 spaces, the applicant is proposing to remove three spaces and provide a two-way connecting driveway between the two properties. Notes: 1. The usage of a microbrewery and tasting room is compatible with the types of uses at the Lab Mall. The look and feel of the operation is also compatible with the aesthetic of the Lab Mall. 2. The current entrance to the 696 Randolph Avenue parking lot is through a ten -foot -wide driveway along the west side of the property. The applicant proposes blocking the driveway off for traffic with a decorative gate and fence, creating a pedestrian only walkway. Due to the fact the blocking off of the driveway is part of the CUP, it is important to be able to revert the driveway back to its original condition. 3. An accessible path of travel will now connect all uses of the 696 Randolph Avenue property and the 2930 Bristol Street property. 696 Randolph Avenue property will use the large dumpster yard at the 2930 Bristol Street property and provide on additional dumpster. Architect field verified that the yard can easily accommodate an additional dumpster. (Shared dumpster space usage is also a part of the shared parking agreement.) ARS HILL STUDIO, INC. 2533 Greenbriar Lane, Costa Mesa, CA 92626 (714)556-8299 fax (714)556-8351 :5— 4. All shared parking for the 696 Randolph parking is proposed only to be on the 700/710 Randolph street parking lot that serves as ancillary parking for the Lab Mall. 5. See attachments for parking agreements between building owner and Bootlegger's Brewery as well as Community Management Corporation. 6. See attachment for 2930 Bristol Street Lab Mall tenant uses and parking requirements for shared use parking justification. Please feel free to contact me at my office if you have any specific questions or comments at (714) 556-8299. Best Regards, Anthony P. Massaro Architect MARS HILL STUDIO, INC. 2533 Greenbriar Lane, Costa Mesa, CA 92626 (714)556-8299 fax (714)556-8351 I lc�— VIEW FROM RANDOLPH AVE PROJECT DATA: .� �.-...T. BOOTLEGGER'S BREWERY P J:ECr AJi()gcL! 093 RANDLOPH AVE COSTA MESA, CA APPLI 2010 CALIFORNIABURRING CODE 2010 CALIFORNIA ELECTRICAL CODE 2010 CALIFORNIA MECHANICAL CODE 2013 CALIFORNIA PLUMBING CODE 2010 CALIFORNIA ENERGY CODE 2010CALIFORNIA UNIFORM ADMINISTRATIVE CODE 2010 CALIFORNIA FIRE CODE BUILDING ANALYSIS: CONSTRUCTION TYPE: TYPE VA NON SPRINKLERED OCCUPANCY GROUP: A-2 i B VIEW FROM PARKING LOT PARKING ANALYSIS: goods ees Bre We Public Area Tasting room 745 s.f. Public RestrGoms/Vestibule 360s.f. Outdoor Seating 295 s.f. Total Public Area 1400 s.f. Parkin Required: 10 per L000 s.f. = 14 spaces AREAOF PROPOSED MICROBREWERY 7103 SF AREA OF OFFICE (NOT A PART) 901 SF TOTAL AREA OF BURRING ]001 SF 0lftce PaRfonpf eulldin Rota art Of SoDfl0 4fs) Offices 901 s.f. Bootle els Sresre industrial Use IN on Public) Area (Brewing Production 983 s.f. +Office 251 s.f. 'Storage/Mechanical 317 s. F. IEmDloyee Restroom 47 s. f. ]fatal Non Public Area 1,598 s.f. (Parkin Required:3DerL000s.f.= 5sparss SCOPE OFMpR. Parking Required: 4 per L11009.f.= 4spaces TENANT IMPROVEMENT FOR PROPOSED MICRORREWERY NOTE ALL WORK IS PROPOSED IN EXISTING SPACE -NO NEW BUILDING AREA IS PROPOSED PEDESTRIAN WALKWAY FROM LAB ANn�ULL (E) CHAIN LINK - FENCE A ATTACHMENT 4 1 (E) BUILDING SEE SHEET A2 FOR PLANACONTINTHIS AREA PLAN AT TNIs AREA Nes"45'35'W r 4 4 TWO WAY DRIVE TO 2930 1 BRISTOL AVE SITE 9'Y' r (12) (,,, 1101 iii an 1>t I 'PEDESTRIAN WALKWAY Mir OFFICE I �� NOT A IDART 1. O BREWING WO `iqi3"� u [ii DECORATIVE GATE J �� r r - FOR PEDESTRIAN NB9"45'35"WB5.00' ACCESS IE) F,i �LaNIFH 1EI CURB CUT RANDOLPH DRIVE 19 8 IM SITE CONTEXT & FLOOR PLAN 0 4 6 16 SCALE: 1/8" - 1'-W MAR4::M .L POTTED PLANTS ,wrHSL p+m.NNC A� �^ IY aun S AAA Nn I i'-0' , � Revisions F lTl !II (SV - 4,) (5) W > d U � ad I O W Ad z� 0 O O SU81w11TTAL 1 Issue ogle 07127/11 nee SITE CONTEXT �) OUTDOOR SEATING A-1 _� +E ROLL UP DOOR (E) ROLL UP DOOR IN STOREFRONT IN LeEOE-STRIm4 TASTING ROOM (E)OnNNG WALRWAY, ' 0 745 S.F. _ F ..... HIEN 'PEDESTRIAN WALKWAY Mir OFFICE I �� NOT A IDART 1. O BREWING WO `iqi3"� u [ii DECORATIVE GATE J �� r r - FOR PEDESTRIAN NB9"45'35"WB5.00' ACCESS IE) F,i �LaNIFH 1EI CURB CUT RANDOLPH DRIVE 19 8 IM SITE CONTEXT & FLOOR PLAN 0 4 6 16 SCALE: 1/8" - 1'-W MAR4::M .L ,wrHSL p+m.NNC A� �^ IY aun S AAA Nn �AnasaNI«� FEB. 28, 2017 Revisions w W > d U � ad O W Ad z� 0 O O SU81w11TTAL 1 Issue ogle 07127/11 nee SITE CONTEXT & FLOOR PLAN NKa A-1 ! I / ACCESSIBLERATH I / OF TRAVEL To Yw&rmmt SIOEWALH i t I 3 / 4� +—r-------------}—— I f / I I / Acr.F�LE PAM OF / TRAVEL LAB MALL: RUC RE p V i k i I I I / m .�uLESS�L==AM LAB MALL: STRUCTURE #2 OF TRAVEL o �4 LAB MALL: STRUCTURE 93 1 BBBRAHOOLPH PROPERTY OUMPSTER C[YPiECfHN _ _ oarvEwAr w � rMn•asaf ss r r r r 777 +s•ja ee.or r t I 1 I 1 / a LAB MALL: RANDOLPH PARKING LOT l I / - 1 T 1 OT 4 '- iz t3. lg q OT A PA 7 N4 A RRT tt NO Aa RT I 1 1 1 I L I Pcr�Esmuv awdrA• PR FOS D: > LEG R'S t r ves•sr�sw fsvv sps•m'sfw nam I I � r �� J H.'113sw ssWm SITE PLAN RANDOLPH AVENUE o 10 zo ao SCALE: 1"= 20'-0" Ppn4}�SF;� L �7 Ae?�3fro Vy ti e',T `r'7F C�L�i�4 oATEa saHHm: FEB. 28, 2017 Revisions r04 W d x U � 0 W A� U �o M� CUP SUBN117TAL 1 Issue Date 07127117 ride SITE PLAN Sli0d1 NV. A-2 PLANTER PLANTER LANDSCAPE AND WALKWAY DIAGRAM TIq REC NEN"; ATTACHMENT 5 CITY CLERK r�to tea. C 't7 AUG 21 PN $ 28 City of Costa Mesa UTY Of CGS ® Appeal of Commission Decision - $1,220.00 ❑ Appeal of Zoning Administrator/Staff Decision - $690.00 (FEES MUST BE PAID IN FULL AT TIME OF FILING APPEAL) Applicant Name' _ Address: � 10 Phone: 7-14 6 APPLICATION FOR APPEAL OR REVIEW REQUEST FOR: � APPEAL REVIEW" Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.) PA - I -4-16 C - u P -ligo- 6Y6 124.v ,d6 ,0 A V -e, or br-IIw-evy _. a -C -Cs "4t..re 4 rA o --r/ 4/D /�.1 and o t' h Ave. . d J /� I'All �-`� ^ 4 D O � Z q30 tar J sTs � SA A l t-.8 ws -t l LYS 2- O/ 7 Decision by: P 1 A" u i ry o C©k-K Reasons for requesting appeal or review. It I rf /�P�OItC/3 E'.'oty V/ -1-S JO.aSsed by A PAr4jAI C1uvr.1 t�tSitN.C/:L,�bS�N(� 'Z C�ar+vr� s't ft's HQrgs'/�o {C.e yr. • s r /]/ /d lj /4 / N s ' �4pp (CA-7�� stv A /V (7 4 y �es Q PAS se d w k ,� r Q,t/, eu. t' t (, m o,v44.r d U - '4 10 r,+e 4,1 NO , -e-e 40V "04 o `P 4-d etaA*v 54--e v,A a l LL S i t,J 4 1% -k A . 11 NO rr� �.� h�4 r � ? !v c T- T-1 a CR S SAO V ,p It ay w 4 I k, IV 6 1 A A1-9 s6 �' (�/',ts�o / S �, r-e'jt' % I� b -e «.� s.� 4) -101-4-` Z 6-1-) li-d euA4e )0� k IIN y 9 'If you are serving as the agent for another person, please Identify the person you represent and provide proof of authorization. "Review may be requested only by Commissions, Commission Members, City Council, or City Council Members. For office use only - do not write below this line REV 9-1-15 SCHEDULED FOR THE CITY COUNCIUCOMMISSION MEETING OF: 20' r` E G E I V E L) CITY CLERK Costa Mesa City of Costa Mesa f l AUG 2 i PM l; 28 SO Appeal of Planning Commission Decision/Rehearing: $1,220.00 f' Y 7 � �� Appeal of Zoning Administrator/ Building Official / Fire Marshal / (_-t '14 13 Staff Decision: $690.00 Applicant Name" Address Phone REQUEST FOR: APPLICATION FOR APPEAL OR REVIEW SPARK 1175 Baker St., E19-23, Costa Mesa, CA 92626 714-9254500 ❑V APPEAL ❑ REVIEW" Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.) PLANNING APPLICATION PA -17-16 FOR A CONDITIONAL USE PERMIT INCLUDING A MICROBREWERY ON AUGUST 14, 2017 AT 6:OOPM Decision by Planning Commission Reasons for requesting appeal or review: There is a massive parking deficit throughout most of the SoBECA district, primarily west of Baker. While the opening of new shops and restaurants is something we all encourage, the way in which these projects have been approved has ultimately had an adverse effect financially for us, the existing business owners. The mix of uses in SoBECA that were envisioned to bring additional patrons never happened; instead we have restaurants, breweries, and bars using parking areas meant for traditional retail and light industrial uses. Councilmember Righeimer said last November in reference to a proposed SoBECA project: "This whole area is under -parked dramatically." Last week Commissioner Carla Navarro Woods said "parking is just horrible" in that area of town. With regards to this application we specifically reject a number of items that should be brought in front of the City Council, including but not limited to, the use of a shared parking agreement to address parking. Date: A ure: 'If you are serving as the agent for another person, please identify the person you represent and provide proof of authorization "Review may be requested only by Planning Commission Planning Commission Member, City Council, or City Council Member For office use only — do not write below this line SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF: If appeal, rehearing, or review is for a person or body other than City Council/Planning Commission., date of hearing of appeal, rehearing, or review: —2-1— Updated April 2015 RESOLUTION NO. 17- ATTACHMENT 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING CONDITIONAL USE PERMIT PA -17-16 FOR OPERATION OF A MICROBREWERY (BOOTLEGGERS) AT 696 RANDOLPH AVENUE. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Anthony Massaro, Mars Hill Studio, INC, authorized agent for Mary Jane Pierce, Trustee, Sandra L. Barden, Trustee, and Donald V. Barden and Bette J. Barden, Trustees, owners of property located at 696 Randolph Avenue. WHEREAS, the proposed project involves conditional use permits for a microbrewery with a tasting room and off-site parking at 2930 Bristol Street and 700 to 710 Randolph Avenue and minor conditional use permits for an outdoor dining patio and off-site access across 2930 Bristol Street. WHEREAS, a duly noticed public hearing held by the Planning Commission on August 14, 2017 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 3-0 vote (two commissioners absent). WHEREAS, appeals of the Planning Commission's approval of the project were filed on August 17, 2017. WHEREAS, a duly noticed public hearing held by the City Council on October 17, 2017, with all persons having the opportunity to speak for and against the proposal. WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities. WHEREAS, the CEQA categorical exemption for this project reflects the independent judgment of the City of Costa Mesa. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of contained within Exhibit B, the City Council hereby APPROVES Planning Application PA -17-16. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA -17-16, and upon the applicant's compliance with each and all of the conditions in Exhibit B, and compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval and/or mitigation measures. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 17th day of October, 2017. ATTEST: CITY CLERK OF THE CITY OF COSTA MESA KATRINA FOLEY Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY ATTORNEY —2.�3— STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 17_ as considered at a regular meeting of said City Council held on the 17th day of October, 2017, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 17th day of October, 2017, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2017 .—�24 EXHIBIT A FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: Finding: A compatible and harmonious relationship exists between the proposed use and existing buildings, site development, and uses that exist or have been approved for the general neighborhoods. Facts in Support of Findings: One of the objectives of the SoBECA Area Plan is to develop a full array of land use types and structures, including reuse of existing structures, to create an active city life and enhance business activities. The SoBECA Urban Plan is an area with a growing blend of eclectic uses, including breweries, artisan studios, small-business entrepreneurs, and unique food and beverage experiences. The proposed use will add to the growing number of businesses encouraged by the SoBECA Area Plan. The LAB is a successful collection of local area businesses that are diverse in the services or commodities they provide but are blended to create a unique experience for patrons. The inclusion of 696 Randolph into the collection of properties that make up this Anti -Mall not only increases the square footage of a successful retail space within the City but also provides additional diversity in the types of business found at The LAB. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. Finding: Safety and compatibility of the design of the parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. Facts in Support of Findings: The proposed project and additional conditions of approval will guarantee that there is additional landscaping and the entire site is well lit for the safe circulation of pedestrians and motor vehicles. The pedestrian circulation on and off the site will be improved through the proposed project. The proposed project would replace a small driveway with a paseo, increase connectivity to neighboring properties, and generate a more pedestrian -oriented site overall. Finding: Compliance with any performance standards as prescribed elsewhere in Zoning Code. Facts in Support of Findings: The proposed use is compliant with performance standards as prescribed in the Zoning Code. The proposed brewery and associated tasting room will be conditioned to operate as described in the submitted business description and, therefore, are compliant with Zoning Code. — 25— Finding: The use is consistent with the General Plan. Facts in Support of Findings: The proposed brewery is permitted in the C2 zone subject to a conditional use permit. Subject to conditions, the proposed use is in conformance with the 2015 General Plan. Specifically, the project complies with the following Land Use Objectives LU -1A.1, LU -6.2, and LU -6.15. The proposed use will provide for a new entrepreneurial business in Costa Mesa and provide new employment opportunities in the community. The SoBECA area has been an active and catalytic area in the City for many years. The success of The LAB and the Camp attest to the fact that they are meeting the needs and interests of local residents as well as being an attractive commercial center for the region. This additional use increases the diversity and fits within the character of The LAB. The LAB promotes unique and specialized commercial and industrial district within the City which allows for incubation of new or growing businesses and industries. Bootlegger's Brewery is a small Orange County business that started in Fullerton. This type of business and use is very well suited for the SoBECA area which already has two microbreweries and many local businesses and industries. Finding: The planning application is for a project -specific case and is not to be construed to be setting a precedent for future development. Facts in Support of Findings: The planning application is for a project - specific case and does not establish a precedent for future development. Approval will apply to this project -specific location. Conditions have been included that are specific to the proposed project. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Finding: The proposed use, as conditioned, is compatible with the uses in the surrounding area. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. The proposed use, as conditioned, will not generate adverse noise, traffic, or parking impacts that are unusual for commercially -zoned properties. The proposed operation reflects that of the adjacent uses that share the common parking lot; consequently, adequate parking will be provided. The patio will be enclosed and have a 6 -foot wall on the east side to help screen and mitigate any noise issues. Finding: Granting the conditional use permit will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Finding: The proposed use, as conditioned, will not generate adverse noise, traffic, or parking impacts that are unusual for commercially -zoned properties. While the property is less than 200 feet away from the nearest residentially -zoned property (easterly of 690 Randolph Avenue), the conditions of approval ensure that there will be minimal impact to nearby residents. The Police Department has reviewed the proposed use and has no objections to the approval of the application. The hours of operation for the tasting room reflect similar uses and adjacent uses within The LAB. Customer and employee parking will be required to occur on-site and not on surrounding streets. The site landscaping will be required to be repaired/replaced and additional landscaping added in conjunction with this use. Finding: Granting the conditional use permit will not allow a use, density, or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. Facts in Support of Finding: The General Commercial land use designation is intended to permit a wide range of commercial uses, including restaurants and microbreweries. The proposed microbrewery will be located within an area that already has established breweries within a quarter mile (Barley Forge and Gunwhale Ales). The proposed use is buffered from sensitive land uses, in that it is surrounded on four sides by other commercially -zoned properties. The property is also located within the South Bristol Entertainment & Cultural Arts (SoBECA) Urban Plan; however, the proposed project does not require master plan approval and does not activate any of the provisions in the urban plan since the request does not involve a new development project. However, the proposed use is consistent with the types of uses that would be supported by the SoBECA Urban Plan. C. The project is exempt from the provisions of the California Environmental Quality Act under Section 15301 (Class 1) for Existing Facilities. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. D. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. -2j EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation as described in the authorized agent's letter of description and staff report. Any change in the operational characteristics including, but not limited to, the hours of operation and additional services provided, shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(0)]. 2. Hours of operation shall be limited to hours from 8:00 AM to 6:00 PM daily for brewing, and proposed hours of operation for retail tasting is 10:00 AM to midnight Sunday through Wednesday, and 10:00 AM to 1:00 AM, Thursday through Saturday. Any change in the business description, hours or days of operation, etc. shall require Further review of the CUP 3. Pedestrian access along the existing driveway must be accessible during hours of operation for the Tasting Room and exclusively for pedestrian use. Any vehicular use of this space is exclusively for the brewing component of the business and must occur during non -tasting hours of operation. 4. The conditions of approval and ordinance or code provisions of planning application PA -17-16 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 6. The applicant shall contact the Planning Division to arrange Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 7. The applicant or licensee shall not employ or use the services of any full- or part- time active or reserve peace officer currently employed by the City of Costa Mesa or any contiguous agency for security purposes. 8. Security personnel shall be onsite during hours of operation for all businesses in The LAB and at 696 Randolph Avenue. 9. This Conditional Use Permit does not include the allowance for live entertainment. Live entertainment may only be permitted subject to approval of a Minor Conditional Use Permit City and issuance of a "public entertainment permit". Contact Planning and Code Enforcement for application information. 10. All special events shall be reviewed by Planning Division for approval prior to the event, and may require a "Special Event Permit" from the Finance Department prior to the event. 11. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. Occupant loads for the open patio area and the enclosed building area shall be calculated and posted separately. 2_1 '— 12. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant shall institute whatever security and operational measures are necessary to comply with this requirement. Additional on-site security shall be provided in the future, in the event that security problems or complaints develop as a result of the brewery and tasting room operations. 13. No live music, amplified music, or music speakers shall be permitted within the outdoor patio area. 14. On-site signs shall comply with the provisions of the Costa Mesa Sign Ordinance. 15. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 16. The parking area and pedestrian paths shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the site. 17. Customer and employee parking shall occur on-site or at the parking lot at 708 Randolph Avenue and not on surrounding public streets. 18. If parking problems arise, the operator shall institute whatever operational measures are necessary to minimize or eliminate the problem, including, but not limited to, reducing the tasting room area and/or modification to the operational hours of the tasting room, providing free on-site valet service, providing subsidized use of Uber/Lyft or similar service, and/or acquisition of off-site parking area. 19. All sales and service staff (within 90 days of hire) shall complete Responsible Beverage Service (RBS) training with a provider approved by the California Department of Alcoholic Beverage Control. A copy of the training certificates shall be kept on premises and presented to any authorized City official upon request. 20. The applicant shall maintain free of litter all areas of the premises under which the applicant has control. 21. No on-site food preparation is permitted. No food is to be supplied to the tasting room by food truck or other food delivery providers. Food catering for special events may be allowed after such an event is reviewed by the Planning Division for approval prior to the event, and may require a "Special Event Permit" from the Finance Department prior to the event. Food catering for special events shall not be provided by a food truck. 22. The outdoor patio shall be screened on the east side by a 6 -foot wall to minimize potential noise impacts to residential neighbors less than 200 feet away. 23. Landscaping is required within the front setback under the direction of Planning Staff. The current planter beds that abut the sidewalk along Randolph Avenue must be properly landscaped and irrigated. 24. The use of the storage areas, office space, and/or brewing production area (1,598 square feet) for expanded seating and/or tasting events is expressly prohibited. 25. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of (1) City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the authorized agent and/or business owner, the City and/or the parties initiating or bringing such proceeding. 2—ci This indemnity provision shall include the authorized agent and/or business owner's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. 26. The 10-foot wide driveway onto the site from Randolph Avenue, to the west of the building, shall not be used as vehicular access to the rear parking lot. A self- supported decorative gate shall be approved by Planning Department to close off this driveway while still providing a pedestrian entrance to the site. The gate shall be locked when businesses within the building are not operating. A revised plan which shows how this paseo will be improved aesthetically and secured shall be provided and approved by the planning department prior to issuance of building permits. 27. Prior to issuance of building permits a Land Use Restriction shall be recorded on 2930 Bristol Street, 708 Randolph Avenue, and 696 Randolph Avenue for reciprocal access, shared parking, and public vehicular access across 2930 Bristol Street and 708 Randolph Avenue for 696 Randolph Avenue. 28. Development Services Director will evaluate the compliance of the business according to the conditions of approval. A review of the Conditional Use Permit shall be requested after six months after opening, if deemed necessary. 29. The property owner or property owner's representative for The LAB, located at 2930 Bristol Street, shall be required to apply for a minor conditional use permit for any expansion of uses of existing uses or new uses proposed at The LAB if such expansion or new use would require the use of the off-site parking lot at 700 to 710 Randolph Avenue (the "Lot") to meet code parking requirements. Any minor conditional use permit for an expansion or new use at The Lab shall contain a condition limiting the duration of the use or the expansion of the new use to the term of the lease for the Lot. The applicant shall be required to provide proof, as part of the minor conditional use permit application for the expansion of the new use at The LAB that the duration for such expansion or new use at the Lab does not exceed the lease term for the Lot. Such proof may include but is not limited to a lease and/or rental agreement. The term for any such lease or rental agreement for any expansion or new use shall be subject to approval by the City and shall also contain a provision requiring that any termination, renewal, or amendment to the term of such lease be approved by the City. 30. Prior to issuance of Certificate of Occupancy (C of O) the applicant shall provide a scaled and dimensioned digital site plan(s) for the project site, on either a CD or thumb drive, to the Planning Division. All site plans shall include an accurate and precise drawing of all building footprints and property line locations for the entire project site. All buildings shall be annotated with its corresponding address and suites if applicable. 31. Prior to issuance of building permits the applicant shall submit a parking management plan that is approved by the Development Services Director and shall include but may not be limited to free on-site valet service and the potential for subsidized use of Uber/LyFt or similar service. 32. Six months after the commencement of operation of the microbrewery, the Planning Commission shall review this conditional use permit and the success of the parking management plan on 2930 Bristol, 696, 700, and 710 Randolph Avenue. CODE REQUIREMENTS: The following list of federal, state and local laws applicable to the project has been compiled by staff for the authorized agent and/or business owner's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. The expiration of the Planning Application PA -17-16 shall be valid for one year (August 14, 2018). If the authorized agent and/or business owner is unable to establish the use within the one-year time period, the authorized agent and/or business owner may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the planning application. 2. If construction is proposed, noise -generating construction activities shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise -generating construction activities shall be prohibited on Sunday and the following Federal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 3. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 4. All areas or structures in which such operations are conducted shall be located or treated as to prevent annoyance or a detriment to any other existing on-site uses and surrounding properties. 5. Use shall comply with all requirements of Articles 5 and 9, Chapter V, Title 13 of the Costa Mesa Municipal Code relating to industrial development standards. 6. Street address shall be displayed on the fascia or store front adjacent to the main entrance of the building, in a manner visible to the public street. Numerals shall be a minimum 12" in height with not less than 3/" stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4" in height with not less than �/" stroke and shall contrast sharply with the background. 7. Parking stalls shall be double -striped in accordance with City standards. 8. Trash enclosure(s) or other acceptable means of trash disposal shall be provided. Design of trash enclosure(s) shall conform to City standards. Standard drawings are available from the Planning Division. 9. All exits shall be clearly marked with "EXIT" signs. 10. All conditions of the California Alcoholic Beverage Control Board shall be complied with. 11. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits. Landscaping per the above conditions of approval shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. Bldg. 12. Comply with the requirements of the 2013 California Building Code, 2013 California Residential Code, 2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Green Building Standards Code and 2013 California Energy Code (or the applicable adopted, California Building Code, California Residential Code, California SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the authorized agent and/or business owner: AQMD 1. Authorized agent and/or business owner shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. CDFA 2. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. OCHD 3. Provide a plan to the County of Orange Health Department for review and approval. Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. 13. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2013 California Building Code. 1. Accessibility shall be to and through the front door and to the commercial space from the public sidewalk. 2. Accessible restrooms/bathrooms in the commercial space. 3. Accessible parking. 4. Accessible entry door, ramps, landings, sidewalks, hallways, strike edge clearances and elevation changes. 5. Additional access requirements maybe required as per 2013 California Building Code 14. Fulfill mitigation of off-site traffic impacts at the time of issuance of occupancy by submitting to the Planning Division the required traffic impact fee pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated including credits for all existing uses. At the current rate per trip end, the traffic impact fee is $31,639.00. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of building permit/certificate of occupancy based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. 15. Customer shall contact the Mesa Water District — Engineering Desk- and submit an application and plans for project review. Customer must obtain a letter of approval and a letter of completion from Mesa Water District. Bus. 16. A completed "Application for Business License" is required for all persons Lic. conducting business within the City. 17. If construction is proposed, all contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the authorized agent and/or business owner: AQMD 1. Authorized agent and/or business owner shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. CDFA 2. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. OCHD 3. Provide a plan to the County of Orange Health Department for review and approval. RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DENYING PLANNING APPLICATION PA -17- 16 FOR A CONDITIONAL USE PERMITS FOR OPERATION OF A MICROBREWERY (BOOTLEGGERS) AT 696 RANDOLPH AVENUE. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Anthony Massaro, Mars Hill Studio, INC, authorized agent for Mary Jane Pierce, Trustee, Sandra L. Barden, Trustee, and Donald V. Barden and Bette J. Barden, Trustees, owners of property located at 696 Randolph Avenue. WHEREAS, the proposed project involves conditional use permits for a microbrewery with a tasting room and off-site parking at 2930 Bristol Street and 700 to 710 Randolph Avenue and minor conditional use permits for an outdoor dining patio and off-site access across 2930 Bristol Street. WHEREAS, a duly noticed public hearing held by the Planning Commission on August 14, 2017 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 3-0 vote. WHEREAS, appeals of the Planning Commission's approval of the project were filed on August 17, 2017. WHEREAS, a duly noticed public hearing held by the City Council on October 17, 2017 with all persons having the opportunity to speak for and against the proposal. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the City Council DENIES Planning Application PA -17-16 with respect to the property described above. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 17th day of October, 2017. — -3 3— KATRINA FOLEY Mayor, City of Costa Mesa ATTEST: APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 17- — as considered at a regular meeting of said City Council held on the 17th day of October, 2017, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 17th day of October, 2017, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2017 EXHIBIT A FINDINGS (DENIAL) A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: Finding: Not compatible and harmonious relationship exists between the proposed use and existing buildings, site development, and uses that exist or have been approved for the general neighborhoods. Finding: The design of the parking areas is neither safe nor compatible. Finding: No Compliance with any performance standards as prescribed elsewhere in Zoning Code. Finding: The use is not consistent with the General Plan. Finding: The planning application is not for a project -specific case and is may be construed to be setting a precedent for future development. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed use is not substantially compatible with developments in the same general area and may be materially detrimental to other properties within the area. Finding: Granting the conditional use permit will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Finding: Granting the conditional use permit will allow a use, density, or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. C. The project is exempt from the provisions of the California Environmental Quality Act under Section 15301 (Class 1) for Existing Facilities. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. D. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. ATTACHMENT 7 MEETING MINUTES OF THE CITY OF COSTA MESA PLANNING COMMISSION August 14, 2017 These meeting minutes represent an "action minute" format with a concise summary of the meeting. A video of the meeting may be viewed on the City's website at www.costamesaca.gov or purchased on DVD upon request. The Vice Chair called the meeting to order (00:00:26). Commissioner Navarro Woods led the Pledge of Allegiance. ROLL CALL Present: Vice Chair Byron de Arakal Commissioner Isabell Kerins Commissioner Carla Navarro Woods Absent: Chair Stephan Andranian Commissioner Jeffrey Harlan Staff: Barry Curtis, Economic and Development Services Director Peggy Schneble, Interim Assistant Development Services Director Yolanda Summerhill, Deputy City Attorney Bart Mejia, City Engineer Minoo Ashabi, Principal Planner Dan Inloes, Senior Planner Julie Colgan, Recording Secretary ANNOUNCEMENTS AND PRESENTATIONS: None PUBLIC COMMENTS: Kim Hendricks, Costa Mesa resident, presented a slideshow about concerns she has with the City's Small Lot Ordinance and announced a website that has a petition to stop the ordinance. A speaker stated concerns with the City's Small Lot Ordinance and asked residence to sign the petition to stop the ordinance. A speaker stated concerns with the City's Small Lot Ordinance. A speaker spoke about the solutions the Small Lot Ordinance brings to the City and looks forward to a discussion on the City's Small Lot Ordinance. Vice Chair de Arakal announced that on September 12th there will be a joint study session with the City Council and Planning Commission to discuss the City's Small Lot Ordinance. PLANNING COMMISSIONER COMMENTS AND SUGGESTIONS: Commissioner Kerins responded to the first public comment and asked staff to look into the City's parking issues and suggested a parking structure as a solution. Minutes - Regular Meeting - August 14, 2017 - Page 1 F/-- Barry Curtis, Economic and Development Services Director, responded that the Development Services Department and Public Services Department have been discussing alternative parking to address the City's parking issue specifically in the SOBECA area and will return to the Planning Commission with a discussion at a future date. Vice Chair de Arakal spoke about the Lions Park groundbreaking event that he attended and congratulated Julie Colgan, Recording Secretary, on receiving the City Manager's Leadership Award for the month of July. CONSENT CALENDAR (00:17:40) The Vice Chair asked if anyone wanted to pull the Consent Calendar item. No one responded. MINUTES FOR THE MEETING OF JULY 24, 2017 MOTION: Move to approve the minutes of a regular meeting of the Planning Commission held on July 24, 2017. Moved by Commissioner Kerins, seconded by Commissioner Navarro Woods. The motion carried by the following roll call vote: Ayes: de Arakal, Kerins, Navarro Woods Noes: None Absent: Andranian, Harlan Abstained: None PUBLIC HEARINGS (00:20:25) 1. PLANNING APPLICATION PA -17-17 AND TENTATIVE PARCEL MAP 2017-130 FOR A TWO -UNIT SMALL LOT SUBDIVISION RESIDENTIAL DEVELOPMENT AT 335 -33716TH PLACE Project Description: The proposed project involves the following: 1. Planning Application (Design Review) PA -17-17 for construction of two, two-story detached single-family residences. Each single-family residence is approximately 2,300 square feet and includes 3 bedrooms / 4 baths with an attached two -car garage. The project satisfies all Small Lot Subdivision development standards and the Residential Design Guidelines. 2. Tentative Parcel Map 2017-130 for the subdivision of a 10,395 -square -foot lot into two separate parcels consistent with the Small Lot Subdivision Ordinance. Environmental Determination: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15303 (Class 3), New Construction or Conversion of Small Structures. One ex -parte communication to report: Vice Chair de Arakal met with the applicant last Friday to review the project's plans. Dan Inloes, Senior Planner, presented the staff report. Commissioner Kerins asked to clarify if the project will be offered as homeownership versus rentals. Mr. Inloes responded that they will be offered as homeownership. PUBLIC COMMENTS Matt White, applicant, presented a slideshow on the proposed project and agrees to all the Minutes — Regular Meeting — August 14, 2017 - Page 2 conditions of approval Commissioner Navarro Woods and Mr, White discussed the height of the wall and privacy for the rear unit. Mr. Inloes clarified that Conditions of Approval No. 21 and 6 address privacy issues. Commissioner Navarro Woods stated being in favor of the project and appreciated its open space, permeable pavers, and the protection of an existing tree. Jay Humphrey, Costa Mesa resident, spoke in support of the project. A speaker spoke in support of the project and of the builder. A speaker spoke in support of the project and stated concerns with the sober living homes near the house. A speaker stated concerns with the parking. Erik Weeks, property owner, responded to public comments. The Vice Chair closed the public hearing. MOTION: Find that the project is categorically exempt from the provisions of the California Environmental Quality Act section 15303; and adopt a resolution to approve Planning Application PA -17-17 and Tentative Parcel Map 2017-130, subject to conditions of approval. Moved by Vice Chair de Arakal, seconded by Commissioner Kerins. Vice Chair de Arakal clarified what zones Small Lot Ordinance projects can be built in and what can be built by right in those zones. RESOLUTION PC -17-29 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -17-17 FOR A 2 -UNIT SMALL LOT SUBDIVISION RESIDENTIAL DEVELOPMENT AND TENTATIVE PARCEL MAP 2017-130 IN THE R2 -MD ZONE FOR PROPERTY AT 335-337 16TH PLACE The motion carried by the following roll call vote: Ayes: de Arakal, Kerins, Navarro Woods Noes: None Absent: Andranian, Harlan Abstained: None The Vice Chair explained the appeal process. 2. PRELIMINARY MASTER PLAN (PA -17-03) FOR DEVELOPMENT OF 655,000 SQUARE FEET OF OFFICE SPACE WITHIN A 23.4 -ACRE SITE GENERALLY LOCATED AT 1375 SUNFLOWER AVENUE, 1376 SOUTH COAST DRIVE, AND 3370 HARBOR BOULEVARD Project Description: The proposed project involves the following: 1. Initial Study/Mitigated Negative Declaration prepared for development of a 23.4 -acre site with 655,000 square feet of office space, surface parking and three parking structures. 2. Preliminary Master Plan (PA -17-03) for development of maximum 655;000 square feet of office space with an average Floor Area Ratio (FAR) of 0.64 in three phases as follows: • Phase 1: Repurposing the existing building (former LA Times) for a 339,063 -square - foot, two-story open office space with two levels of tiered mezzanine space, a three- level parking structure with 1,277 parking spaces; and 87 surface parking spaces Minutes — Regular Meeting — August 14 2017 - Page 3 C • Phase 2: A new five -story building with 190,000 square feet of office space: a four - level parking structure with 697 parking spaces and 220 surface parking spaces • Phase 3: A new five -story building with 125,000 square feet of office space: a four - level parking structure with 423 parking spaces and 84 surface parking spaces. Environmental Determination: An Initial Study/ Mitigated Negative Declaration (IS/MND) was prepared in accordance with the Lead Agency's Guidelines implementing the California Environmental Quality Act. The IS/MND found that the environmental effects from the project would be less than significant with the incorporation of standard conditions of approval and compliance with Code requirements. The IS/MND was available for review and comment from June 23, 2017 to July 24, 2017. One ex -parte communication to report: Vice Chair de Arakal attended an Urban Land Institute event at the project's site in April and toured the property and had a brief discussion with the applicant but not about the project. Minoo Ashabi, Principal Planner, presented the staff report. Commissioner Kerins stated that revised Condition of Approval No. 38 and 40 were duplicates and suggested removing one of them. PUBLIC COMMENTS Hoonie Kang, applicant from Kearny Real Estate Company, stated he has read the conditions of approval and agrees to them_ Commissioners, applicant, and staff discussed the project's construction management plan: what is required if the proposed office space was to change to retail space; what each phase consist of, landscape plans; walkway paths at the proposed site: soil testing: traffic study; daily trips, and groundwater report. Daryl Zerfass, Traffic Engineer with Stantec, clarified the daily trips for the site and explained that they did evaluate the traffic coming off the Susan Street freeway off -ramp. Jay Humphrey, Costa Mesa resident, stated concerns with how the City determined that the project does not come under Measure Y and spoke about a Measure Y lawsuit regarding retroactivity. A speaker spoke in support of the project and the repurposing of the existing building. Cynthia McDonald, Costa Mesa resident, spoke in support of the project's bike trail and asked for an explanation from the City on its position on the effective date of the Measure Y Initiative. Rick Huffman, Costa Mesa resident, stated concerns with Measure Y not being referenced in the staff report and spoke about the effective date of Measure Y A speaker suggested housing being used for the site and stated that Measure Y should be considered for the project. Yolanda Summerhill, Deputy City Attorney, clarified that Measure Y was mentioned on handwritten page 3 of the staff report; spoke about why Measure Y does not apply to the project.. and stated that an indemnification provision needed to be added to the conditions of approval. Mr. Kang responded that he is in agreement to the addition of an indemnification provision in Minutes — Regular Meeting — August 14, 2017 - Page 4 the conditions of approval, but would like to review the language of it. The Vice Chair closed the public hearing. Commissioner Kerins stated concerns with the additional traffic the project will generate and asked if the traffic analysis studied how the project with impact the freeway access. Mr. Zerfass responded that after looking at the CEQA impact criteria on the project there was not a significant impact caused by the project. Vice Chair de Arakal responded to Commissioner Navarro Woods questions about future phases and explained that the project was at its most intense use at this point in time and any major change would return to the Planning Commission for consideration, and spoke in support of the project. Commissioner Kerins commended the project's repurposing of the existing building, green scape, parking, and bike trails. Commissioner Navarro Woods liked how the project's site was repurposed; flexibility in design; open space; that comments from Biking and Walkability Committee were incorporated in the design; but wanted to see more in the master plan and landscape plan about future phases. Motion: Adopt the Initial Study/Mitigated Negative Declaration for the project; and approve Preliminary Master Plan (PA -17-03) by adopting a resolution to approve the project, subject to the findings in Exhibit A and subject to the conditions of approval Exhibit B revised August 14, 2017 and mitigation measures with the following modification: Condition of Approval No. 26 to read: "The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of (1) City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding". Moved by Vice Chair de Arakal, seconded by Commissioner Kerins. Ms, Summerhill read into the record Condition of Approval No. 26, RESOLUTION PC -17-30 — A RESOLUTION OF PLANNING COMMISSION OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PRELIMINARY MASTER PLAN PA -17- 03 FOR DEVELOPMENT OF A MAXIMUM 655,000 -SQUARE -FOOT OFFICE SPACE IN THREE PHASES ON 23.4 -ACRES GENERALLY LOCATED AT 1375 SUNFLOWER AVENUE, 1376 SOUTH COAST DRIVE, AND 3370 HARBOR BOULEVARD The motion carried by the following roll call vote Ayes: de Arakal Noes None Absent. Andranian Abstained. None Kerins, Navarro Woods Harlan The Vice Chair recessed into a break at 7:50 p.m The Vice Chair reconvened at 7:55 p.m. Minutes — Regular Meeting — August 14, 2017 - Page 5 PLANNING APPLICATION PA -17-16 FOR A CONDITIONAL USE PERMIT INCLUDING A MICROBREWERY WITH A TASTING ROOM AND OFF-SITE PARKING AT 2930 BRISTOL STREET AND 700 & 710 RANDOLPH AVENUE AND A MINOR CONDITIONAL USE PERMIT TO INCLUDE AN OUTDOOR DINING PATIO AND OFF-SITE ACCESS ACROSS 2930 BRISTOL STREET Project Description: The proposed project is a conditional use permit request for a microbrewery with a tasting room (Bootlegger's Brewery) and outdoor patio area. The microbrewery proposes to occupy a 2,703 -square -foot lease area at 696 Randolph Avenue. The proposed business involves: • Alcohol sales for onsite and offsite consumption - the microbrewery will not be selling food. • The proposed hours of operation are: y Sunday —Wednesday: 10:00 AM — 12:00 (Midnight) o Thursday —Saturday: 10:00 AM — 1:00 AM • Pedestrian access only from Randolph Avenue and pedestrian and vehicular access across the adjacent LAB parking lot at 2930 Bristol Street. • Unencumbered parking at 700 & 710 Randolph Avenue will be used for this use to meet its parking requirement. Environmental Determination: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 (Class 1), Existing Facilities. One ex -parte communication to report: Vice Chair de Arakal met with Mr. Bennett and Mr. Sadeghi to discuss the project's parking and other issues. Dan Inloes, Senior Planner, presented the staff report_ Commissioners and staff discussed parking concerns; project's ingress and egress; fire access; if other parking options were explored; and the dumpster location PUBLIC COMMENTS Tony Massaro, architect for the project, stated that Condition of Approval No. 18 addresses parking concerns and they will look into offering valet as an option. He has read the conditions of approval and agrees to them. Robert Burnand, adjacent property owner, stated concern with the parking and spoke against the application. A speaker spoke in support of the microbrewery business but stated concern with the location. Phillip Davis, tenant at 703 Randolph Avenue, spoke against the application. Jay Humphrey, Costa Mesa resident, stated concern with the parking in the area. A speaker spoke against the application and about liquor licenses in the area. Mary Ann Frericks, Barley Forge owner, stated concern with the parking in the area, suggested having a shared parking lot for the area, and encouraged the application not be allowed to have food truck service Jeff Herrig, works across the street from the proposed site. stated concerns with the parking and asked if there is going to be an odor from the brewery Minutes — Regular Meeting — August 14, 2017 - Page 6 Mr. Massaro responded to public comments. Aaron Barkenhagen, owner of Bootlegger's Brewery, responded to public comments Vice Chair de Arakal and Mr Massaro discussed 700-710 Randolph Avenue shared parking space and it's potential to be used to start valet parking. The Vice Chair closed the public hearing. Commissioner Kerins stated concerns with the parking and suggested a parking structure be built at Randolph Avenue and Bristol Street to help out with the parking in the area. Commissioner Navarro Woods spoke in support of the proposed business, but stated concerns with the parking. Vice Chair de Arakal suggested adding a condition to require valet parking. Chris Bennett, Development Director for the LAB, stated they are currently testing valet and will expand valet when the proposed business is open to address parking concerns. Vice Chair de Arakal asked if six-month was enough time for them to come up with a parking plan. Mr. Bennett responded yes. Commissioner Kerins and Mr. Bennett discussed neighbors' concerns of the potential impact to Randolph Avenue and the inclusion of Uber/Lift/rideshare pick up locations. Bart Mejia, City Engineer, stated he will look into the parking options off Randolph Avenue. Motion: Move that the Planning Commission find that the project is categorically exempt from the provisions of the California Environmental Quality Act section 15301; and adopt a resolution to approve Planning Application PA -17-16, subject to conditions of approval with the following modifications: Condition of Approval No. 31 to read: "Prior to issuance of building permits the applicant shall submit a parking management plan that is approved by the Development Services Director and shall include, but may not be limited to, free on- site valet service and the potential for subsidized use of Uber/Lyft or similar service". Condition of Approval No. 32 to read: "Six months after the commencement of operation of the microbrewery, the Planning Commission shall review this conditional use permit and the success of the parking management plan on 2930 Bristol, 696, 700, and 710 Randolph Avenue". Moved by Vice Chair de Arakal, seconded by Commissioner Kerins. RESOLUTION PC -17-31 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING CONDITIONAL USE PERMIT PA -17-16 FOR OPERATION OF A MICROBREWERY (BOOTLEGGERS) AT 696 RANDOLPH AVENUE The motion carried by the following roll call vote: Ayes: de Arakal, Kerins, Navarro Woods Noes: None Absent. Andranian. Harlan Abstained: None The Vice Chair explained the appeal process Minutes - Regular Meeting - August 14, 2017 - Page qs DEPARTMENTAL REPORT(S) Public Services Report — none. 2. Development Services Report — Barry Curtis, Economic and Development Services Director, reported four sober living home items on the next Planning Commission agenda. CITY ATTORNEY'S OFFICE REPORT(S) City Attorney — none. ADJOURNMENT (02:52:23) TO A PLANNING COMMISSION MEETING AT 6:00 P.M., OR SHORTLY THEREAFTER, ON MONDAY, AUGUST 28, 2017. Submitted by: AR TIS, SECRETARY COSTA MESA PLANNING COMMISSION Minutes — Regular Meeting — August 14, 2017 - Page 8 441 ATTACH M ENT 8 PLANNING COMMISSION AGENDA REPORT - - MEETING DATE: AUGUST 14, 2017 ITEM NUMBER: SUBJECT: PLANNING APPLICATION PA -17-16 FOR A CONDITIONAL USE PERMIT INCLUDING A MICROBREWERY WITH A TASTING ROOM AND OFF-SITE PARKING AT 2930 BRISTOL STREET AND 700 & 710 RANDOLPH AVENUE AND A MINOR CONDITIONAL USE PERMIT TO INCLUDE AN OUTDOOR DINING PATIO AND OFF-SITE ACCESS ACROSS 2930 BRISTOL STREET DATE AUGUST 2, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: DANIEL INLOES, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: DANIEL INLOES, AICP (714) 754-5088 daniel.inloes@costamesaca.gov DESCRIPTION The proposed project is a conditional use permit request for a microbrewery with a tasting room (Bootlegger's Brewery) and outdoor patio area. The microbrewery proposes to occupy a 2,703 -square -foot lease area at 696 Randolph Avenue. The proposed business involves: ■ Alcohol sales for onsite and offsite consumption -the microbrewery will not be selling food. The proposed hours of operation are: o Sunday —Wednesday: 10:00 AM —12:00 (Midnight) o Thursday— Saturday: 10:00 AM —1:00 AM Pedestrian access only from Randolph Avenue and pedestrian and vehicular access across the adjacent LAB parking lot at 2930 Bristol Street. Unencumbered parking at 700 & 710 Randolph Avenue will be used for this use to meet its parking requirement. APPLICANT OR AUTHORIZED AGENT The applicant is Anthony Massaro, authorized agent for the property owner, Mary Jane Pierce, Trustee, Sandra L. Barden, Trustee, and Donald V. Barden and Bette J. Barden, Trustees. RECOMMENDATION 1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act section 15301; and 2. Adopt a resolution to approve Planning Application PA -17-16, subject to conditions of approval. BACKGROUND Project Site The property is zoned C2 (General Business District) and has a General Plan land use designation of GC (General Commercial). The property is also located within the South Bristol Entertainment & Cultural Arts (SoBECA) Urban Plan area: however, because the request does not involve a new development project, the proposed project does not require master plan approval and does not activate any of the provisions in the urban plan. The property is located on Randolph Avenue, east of Bristol Street, and is positioned on the north side of the street. The site contains one existing industrial building, built in the 1960s, and surface parking. A total of 12 on-site parking spaces are indicated on the site plan. The existing building has four tenant spaces; one already occupied by an office use. The rear of the parcel, where the main access will be located, is adjacent to the south side of The LAB property (2930 Bristol) which contains retail and food service business uses compatible with the proposed project. An apartment complex is located at the end of Randolph street, less than 200 feet from the project site. Gated access is provided at this rear entrance. One parcel, 690 Randolph, is located between the proposed brewery building and the apartment complex. Landscaping, carports, and a drive aisle are located between the apartment units and 690 Randolph. The main entrance to the apartment complex is located on Baker Street. ANALYSIS Conditional Use Permit The authorized agent is proposing to use 2,703 square feet of the existing 3,604 -square - foot building as a microbrewery. The 295 -square -foot outdoor patio is considered public area. Breweries/distilleries are a conditionally permitted uses in the C2 zone. As part of the small beer manufacturing (Brewery) use, the floor plans include public areas (tasting room and outdoor patio) and private areas/industrial uses that are not open to the public, The table below provides a breakdown of floor plan. ..T-- - SCJ` Table 1. Bootlegger's Brewery Floor Area Totals PUBLIC AREA Floor Area Tasting Room 745 SF Outdoor Patio 295 SF 360 SF Restrooms Public Area Total 1,400 SF INDUSTRIAL USE AREA Floor Area Cold Storage 210 SF Brewing Production 773 SF Office 251 SF Storage/Mechanical 317 SF Restroom 47 SF Industrial Area Total 1,598 SF i TOTAL 2,998 SF The ABC License (Type 23) for a small beer manufacturer allows sales of alcoholic beverages for both on-site consumption (tasting) and off -premise consumption. ABC does not require a finding of public necessity or convenience for a Type 23 license. Pedestrian and Vehicular Access The existing site layout on 696 Randolph Avenue consists of a single legal nonconforming building with zero front setback, and zero side setback along the west interior property line. Existing vehicular access to the property is provided via a ten -foot -wide driveway between the building and the building to the west, which also has a zero side yard setback on the west interior property line. This narrow 10 -foot wide driveway extends the length of the building, approximately 40 feet and provides access to the surface parking lot at the rear of the property. The building currently has an existing entrance located on Randolph and pedestrian access to the entrance is available along the sidewalk fronting the property. The proposed floor plan of the Microbrewery moves the entrance to the tasting room to the rear of the building and the current entrance on Randolph will be closed to the public. Relocating the front entry facilitates better connectivity, both practically and visually to the adjacent LAB commercial property. Thirty feet of fencing previously located along the rear property will be removed to allow vehicle access across the two parcels as well as to create a pedestrian path between The LAB and the brewery properties. With these revisions, the only vehicular access to the brewery site will be via The LAB property (addressed 2930 Bristol Street). Adequate parking is available within this area for the brewery and LAB parking area as addressed later in this report. Staff also worked with the applicant to close off the existing narrow Randolph driveway and that space will function as a pedestrian paseo connecting Randolph Street to the rear entrance of Bootlegger's Brewery and The LAB property. The only vehicle access that may occur at the paseo entrance on Randolph is deliveries to the brewery during hours when it is closed to the public. This will keep delivery vehicles from blocking traffic and parked cars on Randolph Street. Outdoor Dining Patio With the entrance now located at the rear of the property, space is available for the brewery to provide a 295 -square -foot outdoor patio. The patio area is next to the entrance of the tasting room and abutting the pedestrian path that connects the brewery with the rest of The LAB and Randolph Avenue. Per Zoning Code Section 13-47, outdoor seating areas for establishments where food or beverages are served require a minor conditional use permit, which is a part of the project application. Parking Bootlegger's Brewery proposes to locate within a 3,604 -square -foot building that also includes a 901 square -foot existing office use that is separate from the proposed project. Bootlegger's Brewery parking requirements are based on 1,400 square feet of public area and 1,598 square feet for industrial/office use. There are a total of 12 on-site parking spaces. The proposed use and the existing office use require a total of 23 parking spaces. Therefore, onsite parking is insufficient to satisfy the parking requirement. To meet the parking requirement, the applicant is proposing to enter into a shared parking agreement to use a portion of the unencumbered parking at 700 and 710 Randolph Avenue which is already tied to The LAB through a shared parking agreement and long- term lease. The table below shows parking requirements for both existing and proposed uses. Table 5. Parking Requirements Use Address Parking Spaces Required The LAB 2930 Bristol St / 700 & 710 155 Randolph Avenue Bootlegger's Brewery and 696 Randolph Office Space 23 Total ParkingSpaces Required _ 178 Total Existing Parking Spaces _ 199 Based on the parking table above and the proposed shared parking agreement, the proposed uses at 696 Randolph Avenue would not create a parking shortage. Hours of Operation Any food or beverage establishment within 200 feet of residentially zoned property that is open past 11:00 PM requires discretionary approval due to the potential for noise impacts _,is, to nearby residents. The microbrewery requests to remain open until midnight on Sunday through Wednesday and 1:00 AM on Thursday through Saturday. There are two other microbreweries within a quarter mile (also within the SoBECA Urban Plan area) that have been approved for extended hours. These two breweries are approximately 500 feet from a residential development located across Baker Street. Table 2. Hours of O Use Barley Forge PA -13-18 A2 Gunwhales Ales PA -15-50 ration of Microbreweries in the SoBECA Urban Plan Area Address Public Hours of Operation 2957 Randolph Ave 5:00 PM — 12:00 AM Mon -Thu 5:00 PM — 1:00 AM Fri _ 11:00 AM — 1:00 AM Sat 2960 Randolph Ave 12:00 PM - 12:00 AM, Sun -Wed 12:00 PM - 8:30 PM, Thu -Sat Bootlegger's Brewery currently operates two other locations. Their original location in Fullerton is within 200 feet of residential uses and has public hours that extend to midnight. According to the Fullerton planning department, Bootlegger's Brewery has been a welcome operator in Fullerton and does not cause any issues related to after hour patronage. Table 3. Hours of Other Bootleg_ger's Brewery Locations Other Bootlegger's Address Locations Fullerton 130 S Highland Ave Redlands 2351 West Lugonia Ave ) Public Hours of Operation 11:00 AM — 10:00 PM Sun -Thu 11:00 AM — 12:00 AM Fri -Sat CLOSED Mon -Tues 2 PM — 8:30 PM Wed -Thu 12:00 PM — 11 PM Fri -Sat 12:00 PM — 6:00 PM Sun Retail businesses at The LAB currently close between 9:00 PM and 10:00 PM depending on the day. Five restaurants at The LAB close at 10 PM. A sixth restaurant, Habana, is approved to be open until 1:00 AM Monday to Wednesday and until 2:00 AM Thursday to Saturday. The Habana restaurant on The LAB site is approximately the same distance to the apartment complex as the proposed brewery, also has an outdoor patio area, and is managed by the same property management company. Habana has had no code enforcement complaints regarding noise in the past nine years and The LAB has had only three complaints regarding noise in the past 15 years. Table 4. Hours of Other LAB Businesses The LAB retail 10:00 AM — 9:00 PM Mon — Thu, Sun 10:00 AM — 10:00 PM Fri - Sat The LAB restaurants 5 Oen until 10:00 PM Habana Open until: Sundav — 12:00 AM wr .10 Mon -Wed — 1:00 AM Thu -Sat — 2:00 AM (A-98-53) Given the orientation of the brewery away from Randolph Avenue, its limited outdoor area, and the common management company that has a good long-term history of not allowing outdoor or restaurant activity to impact the adjacent apartment complex, staff supports the requested hours of operation of the brewery. Conditions of approval are added to address the hours and the need to provide security if routine operations become a code enforcement or public safety issue. Noise The proposed use and property is less than 200 feet from residentially zoned property. The proposed use does not include live entertainment, amplified music, or music speakers outside. Background music within the tasting room area could be considered a noise source. The background music will be conducted entirely within the existing building. The project site does not directly abut a residentially zoned property; an intermediate parcel lies between 696 Randolph Avenue and the apartment property located within 200 feet. The intermediate parcel has several structures on it and a great deal of mature vegetation that can partially block noise. Conditions of approval address the restrictions on entertainment and noise to reduce impacts to the adjacent apartment complex residents. No proposed food service No food preparation is proposed on-site. No food truck, or food delivery from local commercial kitchens and nearby restaurants are proposed for on-site consumption. Staff Justifications for Approval Staff supports the above requests based on the following: The pr posed use, as conditioned, is compatible with surrounding uses and uses promoted by the SoBECA Urban Plan. One of the objectives of the SoBECA Area Plan is to develop a full array of land use types and structures, including reuse of existing structures, to create an active city life and enhance business activities. The SoBECA Urban Plan is an area with a growing blend of eclectic uses, including breweries, artisan studios, small-business entrepreneurs, and unique food and beverage experiences. The proposed use will add to the growing number of businesses encouraged by the SoBECA Area Plan. The LAB is a successful collection of local area businesses that are diverse in the services or commodities they provide but are blended to create a unique experience for patrons. The inclusion of 696 Randolph into the collection of properties that make up this Anti -Mall not only increases the square footage of a successful retail space within the City but also provides additional diversity in the types of business found at The LAB. Compliance with the conditions of approval _50_ will allow this use to operate with minimal impact on surrounding properties and uses. The outdoor patio, as conditioned, will be compatible with surrounding uses an_d provide for interest and vibrancy along the pedestrian path that is proposed to connect Randolph Avenue and The LAB. Staff believes the open patio will provide for interest and vibrancy along the pedestrian path that will connect The LAB and the brewery. To reduce noise, a condition of approval requires the patio to be screened on the east side by a 6 -foot decorative wall or screen. In addition, a condition of approval has required that there be no live music, amplified music, or music speakers permitted within outdoor patio area. The site's landscaping will be required to be re airedlre laced in con unction with this use. Staff is requiring that the site landscaping be provided per Code and installed prior to occupancy of the proposed use brewery use of the building. While the site is legal nonconforming in regards the landscaping onsite, additional loss of landscaping would increase the non -conformity so any previous landscaping area onsite must be replaced. This includes a planter along the front of the building. A condition of approval requires this planter bed to be landscaped and irrigated. ■ Police department does not have any obiection to the use. The Police Department has reviewed the proposed use and has no objections to approval of the application. As of the date of this report, the City has not received any complaints from the public regarding the proposed use. As a condition of approval, lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot is required. In addition, the conditions of approval require on- site security be provided during hours of operation. The hours of operation are consistent with similar uses throughout the SoBECA area. Whether it is comparing other microbreweries within a quarter mile, or restaurants located approximately the same distance from the same residential development, the hours proposed by the applicant are consistent with other similar uses within the SoBECA area. Both Barley Forge and Gunwhale Ales operate with conditional use permits that allow them to remain open past 11:00 PM. Habana restaurant is open until 1:00 AM or 2:00 AM Monday - Saturday and is approximately the same distance as the proposed brewery's patio area from nearby residential development. Furthermore, the approval for Habana restaurant includes less restrictions on the types of music that can be played outside and less structures and landscape exist between its patio and nearby residential development. Shared parking and reciprocal access shall be memorialized in a Land Use Restriction recorded with the county. The recommendation of approval for the proposed use was only possible due to the shared parking and reciprocal access agreement that ties these four parcels together. The use of 11 unencumbered parking spaces from 700- 710 Randolph Avenue and vehicular access across 2930 Bristol Street allows for a proposed use that is fully parked and has safe circulation for vehicles and pedestrians on and off the site. GENERAL PLAN CONFORMANCE The proposed brewery is permitted in the C2 zone subject to a conditional use permit. Subject to conditions, the proposed use is in conformance with the 2015 General Plan. Specifically, the project complies with the following Land Use Objectives: LU -1A.1 Provide for the development of a mix and balance of housing opportunities, commercial goods and services, and employment opportunities in consideration of the needs of the business and residential segments of the community. The proposed use will provide for a new entrepreneurial business in Costa Mesa and provide new employment opportunities in the community. LU -6.2 Continue to promote and support the vitality of commercial uses to meet the needs of local residents and that support regional -serving commercial centers. The SoBECA area has been an active and catalytic area in the City for many years. The success of The LAB and the Camp attest to the fact that they are meeting the needs and interests of local residents as well as being an attractive commercial center for the region. This additional use increases the diversity and fits within the character of The LAB, LU -6.15 Promote unique and specialized commercial and industrial districts within the City which allow for incubation of new or growing businesses and industries. Bootlegger's Brewery is a small Orange County business that started in Fullerton. This type of business and use is well suited for the SoBECA area which already has two microbreweries and many local businesses and industries. ENVIRONMENTAL DETERMINATION If approved, the project would be exempt from the provisions of the California Environmental Quality Act under Section 15301 for Existing Facilities. If the use is denied, they would be exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15270(a) for projects which are disapproved. LEGAL REVIEW The draft resolutions have been reviewed and approved as to form by the City Attorney's Office. PUBLIC NOTICE Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing: �52 — 1. Mailed notice. A public notice was mailed to all property owners within a 500 -foot radius of the project site. The required notice radius is measured from the external boundaries of the property. (See attached Notification Radius Map.) 2. On-site posting. A public notice was posted on each street frontage of the project site. 3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper. As of the date of this report, no communications from any property owners located within a 500 -foot radius of the property site have been received regarding application PA -17-16. Any public comments received prior to the August 14, 2017 Planning Commission will be provided in a supplemental memo. ALTERNATIVES In addition to the staff recommended action, the Planning Commission has the following alternatives: 1. _R_oprove the project with modifications. The Planning Commission may suggest specific changes that are necessary to alleviate concerns related to the proposed project. If any of these changes are substantial, the item should be continued to a future meeting to allow a redesign and/or additional analysis. In the event of significant modifications to the proposal, should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. 2. Deny the project. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission must deny the application and provide facts in support of denial to be included in the resolution for denial. If the project were denied, the applicant could not submit substantially the same type of application for at least six months. CONCLUSION The proposed use, with the recommended conditions of approval, will be consistent with the City's Zoning Code and General Plan. The proposed project, as conditioned, will not have an adverse impact to surrounding properties. A resolution for approval of the project is attached for consideration by the Planning Commission. / e ��o 4 it DA LOES, AI SENIOR PLANNER . f 1 BARRY C RTIS, AICP Economic and Development Services Director Attachments: 1. Vicinity Map, Zoning Map and 500' Radius Map 2. Photos 3. Applicant's Project Description — -:�T-3.— 4. Project Plans / Proposed Layout for Paseo 5. Draft Planning Commission Resolution and Exhibits Distribution: Economic and Development Services Director Interim Assistant Development Services Director Senior Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst File (2) Applicant: Anthony Massaro 2533 Greenbriar Lane Costa Mesa, CA 92626 Property Leasee: The LAB, LP 709 Randolph Avenue Costa Mesa, CA 92626 Costa Mesa Notes Costa Mesa t W BAKER ST W BAKER ST J W BAKER ST J �, A6 1.- .. ..; Legend CL =: CL 4 F� M _ r ° i ' ❑ Costa Mesa Zoning AP C1-s y r e ; �yu �•��� � � C2 CL I&R 18R-S -_. r• MG © MP V� S'[ C4A1R STp C El PDC • 6j y�: PDI _ PDR-HD k.L 17y �_ 4O�' RAH00LRN AVS yh r`r {tom �7� yh // E] PDR-LD 4�� PDR-MD y'� ■ PDR-NCM '* { (q �� - Q Rt ■ R2-HD 1 %� A R2-MD AO TC Nt fA k� _ h 1:4,407 Q Notes 7 � 0.1 0 0.07 0.1 Miles This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable 0 Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION I O , le rN ra • 24 t &KEarx.E° TJO roe Lor a 21 Q r j v r!.!S AC. M Q 29 Q+ O IB3 QQ 29 O41 Q 32 31 O O an O 0 eD Q l 33 32 - ---- w � •e lhl7. 3831 rrl''!r�' J�� 'iar,+MonJ __ FACr 171 0 = o ---- BERRY Its 0 3g 39 r a 173 5 Q Sr aAIRs a 4 BLK. F j i1GM •LOT / 37 OLary . Q MA Or — R.S. /I -P3 ,l 3® O O p O 172 s 78 X NO. 363/ no r G' r: y AWAw1E 3 w 18 e P. M 9 10 „ O O D TRACT �L P14GVECT 939—J7 iYd 39!12 PAR. I O12 13 ` Llr�ll Z .0. D.+..c. arO L* P 85 "O r.nAr. l5� aas 14 G — 401b ,B 5 aa.r. 9 e; J35 _210 y /� MAP LEGEND Indicates Map key Number „< Indicates Assessor's Parcel Number N � � E DK M.nywn Swvlm for arwnm ..d EuNnw Public Notification Boundary For 696 Randolph Ave & 2930 Bristol St. Costa Mesa CA 92627 "N 418-174-01 & 06 April 24, 2017 JN 17074 ATTACHMENT 2 Acces from 2930 Bristol to 696 Randolph Walking path from 700 Randolph to 696 Randolph New wood fence between 696 and 702 Randolph Existing driveway access onto 696 Randolph Two-story building across the street from site Parking lot at 700 & 710 Randolph Avenue —5-S— Photos taken on 7/30/2017 Building frontage on Randolph Avenue Rear elevation - Future entrance of Tasting Room Landcaping planter covered by decking Bannisters added to decking area Neighboring property to the west Neighboring property to the east. Photos taken on 7/30/2017 ATTACHMENT 3 A A," 5 -al -1 1 R IT& PCLHA NEN,I NR S 1 u d ho - Planning Department City of Costa Mesa, California 77 Fair Drive Costa Mesa, CA 92626 July 31, 2017 Subject: Detailed Project Description Proposed: Microbrewery for Bootlegger's Brewery 696 Randolph Ave, Costa Mesa Project Overview: Bootlegger's Brewery is seeking a Conditional Use Permit to convert a portion of the existing single story structure located at 696 Randolph Ave for a Microbrewery and Tasting Room. Existing Property and Proposed Use: The existing structure on the site is single story, Type V construction that is 3,604 square feet. Bootlegger's Microbrewery will comprise 75% of the building (7,703 square feet.) The additional 901 square feet, that is not a part of this application is currently occupied and utilized as office space by Community Management Corporation. The construction work to convert the structure will be an interior tenant improvement. No architectural changes are being proposed to the exterior of the building. One of the three existing roll up doors at the north wall of the property will be replaced with a glass storefront and door. The proposed use of the facility is for the purpose of brewing artisan ales and a tasting room. The tasting room will be 745 square feet; additionally, there will be 295 square feet of outdoor patio area. (See area breakdown analysis below.) The proposal does not include a commercial kitchen; food trucks, local restaurants or outside catering businesses. No food is proposed to be supplied to the tasting room. Parking Overview: Parking Required: 23 spaces total for all occupant uses. Bootlegger's Brewery: 19 spaces total Community Management Corporation Offices: 4 spaces total. Total on site parking stalls provides: 12 spaces Bootlegger's Brewery Public Area Tasting room Public Restrooms / Vestibule Outdoor Seating 745 360 295 s.f. s.f. s.f. Total Public Area 1,400 s.f. Parking Required: 10 per 1,000 s.f. = 14 spaces MARS HILL STUDIO, INC. 2533 Greenbriar Lane, Costa Mesa, CA 92626 (714)556-8299 fax (714)556-8351 () - Bootlegger's Brewery Industrial Use (Non Public) Area Brewing Production 983 s.f. Office 251 s.f. Storage / Mechanical 317 s.f. Employee Restroom 47 s.f. Total Non Public Area 1,598 s.f. Parking Required: 3 per 1,000 s.f. = 5 spaces Office Portion of Building (not a part of Bootlegger's) Offices 901 s.f. Parking Required: 4 per 1,000 s.f. = 4 spaces Parking Proposed to make uo for shortfall: Bootlegger's Brewery: 10 guest spaces on site, 4 guest spaces and 5 employee spaces off site at 700/710 Randolph Ave parking lot. (See enclosed shared parking agreement.) Community Management Corporation Offices: 2 spaces on site and 2 spaces at 700/710 Randolph Ave parking lot. (See enclosed shared parking agreement.) Proposed Hours of Microbrewery and Tasting Room: Sunday —Wednesday: 10:OOAM - 12:00 midnight Thursday — Saturday: 10:00 AM — 1:OOAM Special Considerations: The north side of the site at 696 Randolph Avenue abuts the south side of the property at 2930 Bristol Street which is the Lab Mall. While it is technically feasible to stripe the 696 Randolph property with 15 spaces, the applicant is proposing to remove three spaces and provide a two-way connecting driveway between the two properties. Notes 1. The usage of a microbrewery and tasting room is compatible with the types of uses at the Lab Mall. The look and feel of the operation is also compatible with the aesthetic of the Lab Mall. 2. The current entrance to the 696 Randolph Avenue parking lot is through a ten -foot -wide driveway along the west side of the property. The applicant proposes blocking the driveway off for traffic with a decorative gate and fence, creating a pedestrian only walkway. Due to the fact the blocking off of the driveway is part of the CUP, it is important to be able to revert the driveway back to its original condition. 3 An accessible path of travel will now connect all uses of the 696 Randolph Avenue property and the 2930 Bristol Street property. 696 Randolph Avenue property will use the large dumpster yard at the 2930 Bristol Street property and provide on additional dumpster. Architect field verified that the yard can easily accommodate an additional dumpster. (Shared dumpster space usage is also a part of the shared parking agreement.) MARS HILL STUDIO, INC. 2533 Greenbriar Lane, Costa Mesa, CA 92626 (714)556-8299 fax (714)556-8351 4. All shared parking for the 696 Randolph parking is proposed only to be on the 700/710 Randolph street parking lot that serves as ancillary parking for the Lab Mall. 5. See attachments for parking agreements between building owner and Bootlegger's Brewery as well as Community Management Corporation. 6. See attachment for 2930 Bristol Street Lab Mall tenant uses and parking requirements for shared use parking justification. Please feel free to contact me at my office if you have any specific questions or comments at (714) 556-8299. Best Regards, Anthony P. Massaro Architect MARS HILL STUDIO, INC. 2533 Greenbriar Lane, Costa Mesa, CA 92626 (714)556-8299 fax (714)556-8351 —�72-- VIEW FROM RANDOLPH AVE VIEW FROM PARKING LOT PROJECT DATA: APPLICANT: BOOTLEGGER'S BREWERY PROJECT ADDRESS: 890 RANDLOPN AVE COSTA MESA. CA APPLICABLE CODES 2010 CALIFORNIA BUILDING CODE :Ole CALIFORNIA ELCCTRICAL CCOE 2010CALIFORNIA MECHANICAL CODE ro l0CALIrOW PLUMSM CON 2010 CALIFORNIA ENERGY CODE 2010W CAU FORNUNIFORM ADMINISTRATIVE CODE 2010 CALIFORNIA FIRE CODE BUILDING ANALYSIS: CONSTRUCTION TYPE TYPE V -B NON SPRINKLEREO OCCUPANCY GROUP: A-2,8 AREA OF PROPOSED MICROBREWERY 2.703 SF AREA OF OFFICE (NOT A PART) 901 SF IDffla Portion of Buildingnat a art of Good rs TOTAL AREA OF BUILDING ].800 9FJ 17fflces 901 s.f. PARKING ANALYSIS: Boode ers Brewery Public Area Tasting room 745 s.f. IPublicRestrooms/Vestibule 360 s.f. IDutdoor5eatln 295 s.f. 'total Public Area 1400 s.f. IParkingRequired: 10per L000s.f.= 14 spaces ,Bootle ers Brewery Industrial Use (Non Publlc)Area (Brewing Production 983 s.f. (Office 251 s.f. ,Storage / Mechanical 317 s.f. IEmDlovee Restroom 47 s.f. 'fatal Non Public Area L598 s.f. Parilin Required:3per1,1100s.f.= Ss aces SCOPE GF WORK: [Parking Required: 4 per LOIX,0f - 4 SDXes TENANT IMPROVEMENT FOR PROPOSED MICRGBREWERV NOTE ALL WORK IS PROPOSED IN EXISTING SPACE- NO NEW BUILDING AREA IS PROPOSED WALKWAY FROM LAB ANTWAALL (E) CHAIN LINK – FENCE r I � ;Ef 1�1: iLLMhY.' l ATTACHMENT 4 (E) BUILDING SEE SHEET 4-2 FOR CONTINUATION OF SRE PIAN AT TMS AREA %%J NB9'45'35'W85.06' V u TWO WAV DRIVE TO 2930 10'd BRISTOL AVE SITE f[72) 111) 110) IR (9) 171 n'n I sra �PLA" LAKk w8 1 AREA W SEATING 295 S.F. '^4 IS ROLL UP DOOR I 1 (E) ROLL UP DOOR 46'-10' (N)STOREFF TASTING ROOM (E1 OPENING 145 S. F. `PL4E8TilUd ALKWhYI OFFICE 251 S.F. BREWING �— MEN Efut.i� FA PART 1 0 EN Studio MaaNairnm,ac p :Roti Lw�yti4 F RAW fc1' w W Ltyl/ $ care a scarp: FEB. 28, 2017 CLIP SUBMITTAL i [Issue Date 07127/17 nue SITE CONTEXT 81 FLOOR PLAN A-1 PEDESTRIAN WALKWAY( S,OF(AGE / MECH. 1 71 S.F. T 4T�i_ L SITE CONTEXT & FLOOR PLAN DECORATIVE GATE 8 Ili FOR PEDESTRIAN ACCESS � � — w N89'45'35"W 85.00' r � SCALE: 118"- I -(r fE1 l'1.ANlE IP(AN1Err AEI CURB CUT RANDOLPH DRIVE EN Studio MaaNairnm,ac p :Roti Lw�yti4 F RAW fc1' w W Ltyl/ $ care a scarp: FEB. 28, 2017 CLIP SUBMITTAL i [Issue Date 07127/17 nue SITE CONTEXT 81 FLOOR PLAN A-1 SIDEWALK ♦ r JI r ♦ / ♦ / ACCESSIBLE PATH / OF TRAVEL (f LAB MALL: wall J PA H OF TRAVEL ¢ , r r T T oti t - Al —-------^�----L----L--1-+L--------1—� �4 ♦/ f� t t � ��� (3I� !// yv� / r I T OTAPA T \ \ LAB MALL: STRUCTURE #2 OYS ai oapPEft �'� OUMPSTERSTER 4; ---T —1 777/ u OF TRAVEL b 4 CONNECTING �Mw�WAY 15'a' L t LAB MALL: STRUCTURE #3 1 LAB MALL: RANDOLPH PARKING LOT l el Ir � 1 s i 1\NO - i1 Lis: ® LOT s 71#RT a �w NO P Y 1 1 I RANDOLPH AVENUE PEDESTRIAN II NSS•45'35V 95.00' 1 I SITE PLAN 0 10 zo ao F SCALE: 1"= 29-(r I stu LSEO hR� i N. OF ��L4 OAIE Of 9MNNc: FEB. 28, 2017 CUP .. SUBMITTAL 1 Issue Date 07127117 rlre SITE PLAN I -itm ND. A-2 PLANTER PLANTER LANDSCAPE AND WALKWAY DIAGRAM &5_ RESOLUTION NO. PC -17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING CONDITIONAL USE PERMIT PA -17-16 FOR OPERATION OF A MICROBREWERY (BOOTLEGGERS). THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Anthony Massaro, Mars Hill Studio, INC, authorized agent for Mary Jane Pierce, Trustee, Sandra L. Barden, Trustee, and Donald V. Barden and Bette J. Barden, Trustees, owners of property located at 696 Randolph Avenue, for conditional use permits for a microbrewery with a tasting room and off-site parking at 2930 Bristol Street and 700 to 710 Randolph Avenue and minor conditional use permits for an outdoor dining patio and off-site access across 2930 Bristol Street. WHEREAS, a duly noticed public hearing was held by the Planning Commission on August 14, 2017 with all persons having the opportunity to speak for and against the proposed project. WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. WHEREAS, the CEQA categorical exemption for this projects reflects the independent judgement of the City of Costa Mesa. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the Planning Commission hereby APPROVES PA -17-16 for operation of a small beer manufacturer. BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for PA -17-16 and upon authorized agent's compliance with each and all of the conditions contained in Exhibit B as well as with compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the authorized agent fails to comply with any of the conditions of approval. PASSED AND ADOPTED this 14th day of August, 2017. Stephan Andranian, Chair Costa Mesa Planning Commission STATE OF CALIFORNIA ) }ss COUNTY OF ORANGE ) I, Barry Curtis, Acting Secretary to the Planning Commission Mesa, do hereby certify that the foregoing Resolution No. 17- adopted at a regular meeting of the City of Costa Mesa Planning August 14, 2017 by the following votes: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS of the City of Costa _ was passed and Commission held on Barry Curtis Acting Secretary Costa Mesa Planning Commission 6s' EXHIBIT A mmniNrz_q A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: Finding: A compatible and harmonious relationship exists between the proposed use and existing buildings, site development, and uses that exist or have been approved for the general neighborhoods. • Facts in Support of Findings: One of the objectives of the SoBECA Area Plan is to develop a full array of land use types and structures, including reuse of existing structures, to create an active city life and enhance business activities. The SoBECA Urban Plan is an area with a growing blend of eclectic uses, including breweries, artisan studios, small-business entrepreneurs, and unique food and beverage experiences. The proposed use will add to the growing number of businesses encouraged by the SoBECA Area Plan. The LAB is a successful collection of local area businesses that are diverse in the services or commodities they provide but are blended to create a unique experience for patrons. The inclusion of 696 Randolph into the collection of properties that make up this Anti -Mall not only increases the square footage of a successful retail space within the City but also provides additional diversity in the types of business found at The LAB. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. Finding: Safety and compatibility of the design of the parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. Facts in Support of Findings: The proposed project and additional conditions of approval will guarantee that there is additional landscaping and the entire site is well lit for the safe circulation of pedestrians and motor vehicles. The pedestrian circulation on and off the site will be improved through the proposed project. The proposed project would replace a small driveway with a paseo, increase connectivity to neighboring properties, and generate a more pedestrian -oriented site overall. Finding: Compliance with any performance standards as prescribed elsewhere in Zoning Code. Facts in Support of Findings: The proposed use is compliant with performance standards as prescribed in the Zoning Code. The proposed brewery and associated tasting room will be conditioned to operate as described in the submitted business description and, therefore, are compliant with Zoning Code. Finding: The use is consistent with the General Plan. 6q— Facts in Support of Findings: The proposed brewery is permitted in the C2 zone subject to a conditional use permit. Subject to conditions, the proposed use is in conformance with the 2015 General Plan. Specifically, the project complies with the following Land Use Objectives LU -1A.1, LU -6.2, and LU -6.15. The proposed use will provide for a new entrepreneurial business in Costa Mesa and provide new employment opportunities in the community. The SoBECA area has been an active and catalytic area in the City for many years. The success of The LAB and the Camp attest to the fact that they are meeting the needs and interests of local residents as well as being an attractive commercial center for the region. This additional use increases the diversity and fits within the character of The LAB. The LAB promotes unique and specialized commercial and industrial district within the City which allows for incubation of new or growing businesses and industries. Bootlegger's Brewery is a small Orange County business that started in Fullerton. This type of business and use is very well suited for the SoBECA area which already has two microbreweries and many local businesses and industries. Finding: The planning application is for a project -specific case and is not to be construed to be setting a precedent for future development. Facts in Support of Findings: The planning application is for a project - specific case and does not establish a precedent for future development. Approval will apply to this project -specific location. Conditions have been included that are specific to the proposed project. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Finding: The proposed use, as conditioned, is compatible with the uses in the surrounding area. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. The proposed use, as conditioned, will not generate adverse noise, traffic, or parking impacts that are unusual for commercially -zoned properties. The proposed operation reflects that of the adjacent uses that share the common parking lot; consequently, adequate parking will be provided. The patio will be enclosed and have a 6 -foot wall on the east side to help screen and mitigate any noise issues. Finding: Granting the conditional use permit will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Finding: The proposed use, as conditioned, will not generate adverse noise, traffic, or parking impacts that are unusual for commercially -zoned properties. While the property is less than 200 feet away '70- from the nearest residentially -zoned property (easterly of 690 Randolph Avenue), the conditions of approval ensure that there will be minimal impact to nearby residents. The Police Department has reviewed the proposed use and has no objections to the approval of the application. The hours of operation for the tasting room reflect similar uses and adjacent uses within The LAB. Customer and employee parking will be required to occur on-site and not on surrounding streets. The site landscaping will be required to be repaired/replaced and additional landscaping added in conjunction with this use. Finding: Granting the conditional use permit will not allow a use, density, or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. Facts in Support of Finding: The General Commercial land use designation is intended to permit a wide range of commercial uses, including restaurants and microbreweries. The proposed microbrewery will be located within an area that already has established breweries within a quarter mile (Barley Forge and Gunwhale Ales). The proposed use is buffered from sensitive land uses, in that it is surrounded on four sides by other commercially -zoned properties. The property is also located within the South Bristol Entertainment & Cultural Arts (SoBECA) Urban Plan; however, the proposed project does not require master plan approval and does not activate any of the provisions in the urban plan since the request does not involve a new development project. However, the proposed use is consistent with the types of uses that would be supported by the SoBECA Urban Plan. C. The project is exempt from the provisions of the California Environmental Quality Act under Section 15301 (Class 1) for Existing Facilities. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. D. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation as described in the authorized agent's letter of description and staff report. Any change in the operational characteristics including, but not limited to, the hours of operation and additional services provided, shall require review by the Planning Division and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(o)]. 2. Hours of operation shall be limited to hours from 8:00 AM to 6:00 PM daily for brewing, and proposed hours of operation for retail tasting is 10:00 AM to midnight Sunday through Wednesday, and 10:00 AM to 1:00 AM, Thursday through Saturday. Any change in the business description, hours or days of operation, etc. shall require Further review of the CUP 3. Pedestrian access along the existing driveway must be accessible during hours of operation for the Tasting Room and exclusively for pedestrian use. Any vehicular use of this space is exclusively for the brewing component of the business and must occur during non -tasting hours of operation. 4. The conditions of approval and ordinance or code provisions of planning application PA -17-16 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 6. The applicant shall contact the Planning Division to arrange Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 7. The applicant or licensee shall not employ or use the services of any full- or part- time active or reserve peace officer currently employed by the City of Costa Mesa or any contiguous agency for security purposes. 8. Security personnel shall be onsite during hours of operation for all businesses in The LAB and at 696 Randolph Avenue. 9. This Conditional Use Permit does not include the allowance for live entertainment. Live entertainment may only be permitted subject to approval of a Minor Conditional Use Permit City and issuance of a "public entertainment permit". Contact Planning and Code Enforcement for application information. 10. All special events shall be reviewed by Planning Division for approval prior to the event, and may require a "Special Event Permit" from the Finance Department prior to the event. 11. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. Occupant loads for the open patio area and the enclosed building area shall be calculated and posted separately. '12 - 12. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant shall institute whatever security and operational measures are necessary to comply with this requirement. Additional on-site security shall be provided in the future, in the event that security problems or complaints develop as a result of the brewery and tasting room operations. 13. No live music, amplified music, or music speakers shall be permitted within the outdoor patio area. 14. On-site signs shall comply with the provisions of the Costa Mesa Sign Ordinance. 15. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 16. The parking area and pedestrian paths shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the site. 17. Customer and employee parking shall occur on-site or at the parking lot at 708 Randolph Avenue and not on surrounding public streets. 18. If parking problems arise, the operator shall institute whatever operational measures are necessary to minimize or eliminate the problem, including, but not limited to, reducing the tasting room area and/or modification to the operational hours of the tasting room, providing free on-site valet service, providing subsidized use of Uber/Lyft or similar service, and/or acquisition of off-site parking area. 19. All sales and service staff (within 90 days of hire) shall complete Responsible Beverage Service (RBS) training with a provider approved by the California Department of Alcoholic Beverage Control. A copy of the training certificates shall be kept on premises and presented to any authorized City official upon request. 20. The applicant shall maintain free of litter all areas of the premises under which the applicant has control. 21. No on-site food preparation is permitted. No food is to be supplied to the tasting room by food truck or other food delivery providers. Food catering for special events may be allowed after such an event is reviewed by the Planning Division for approval prior to the event, and may require a "Special Event Permit" from the Finance Department prior to the event. Food catering for special events shall not be provided by a food truck. 22. The outdoor patio shall be screened on the east side by a 6 -foot wall to minimize potential noise impacts to residential neighbors less than 200 feet away. 23. Landscaping is required within the front setback under the direction of Planning Staff. The current planter beds that abut the sidewalk along Randolph Avenue must be properly landscaped and irrigated. 24. The use of the storage areas, office space, and/or brewing production area (1,598 square feet) for expanded seating and/or tasting events is expressly prohibited. 25. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of (1) City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the authorized agent and/or -- 13__ business owner, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the authorized agent and/or business owner's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. 26. The 10 -foot wide driveway onto the site from Randolph Avenue, to the west of the building, shall not be used as vehicular access to the rear parking lot. A self - supported decorative gate shall be approved by Planning Department to close off this driveway while still providing a pedestrian entrance to the site. The gate shall be locked when businesses within the building are not operating. A revised plan which shows how this paseo will be improved aesthetically and secured shall be provided and approved by the planning department prior to issuance of building permits. 27. Prior to issuance of building permits a Land Use Restriction shall be recorded on 2930 Bristol Street, 708 Randolph Avenue, and 696 Randolph Avenue for reciprocal access, shared parking, and public vehicular access across 2930 Bristol Street and 708 Randolph Avenue for 696 Randolph Avenue. 28. Development Services Director will evaluate the compliance of the business according to the conditions of approval. A review of the Conditional Use Permit shall be requested after six months after opening, if deemed necessary. 29. The property owner or property owner's representative for The LAB, located at 2930 Bristol Street, shall be required to apply for a minor conditional use permit for any expansion of uses of existing uses or new uses proposed at The LAB if such expansion or new use would require the use of the off-site parking lot at 700 to 710 Randolph Avenue (the "Lot") to meet code parking requirements. Any minor conditional use permit for an expansion or new use at The Lab shall contain a condition limiting the duration of the use or the expansion of the new use to the term of the lease for the Lot. The applicant shall be required to provide proof, as part of the minor conditional use permit application for the expansion of the new use at The LAB that the duration for such expansion or new use at the Lab does not exceed the lease term for the Lot. Such proof may include but is not limited to a lease and/or rental agreement. The term for any such lease or rental agreement for any expansion or new use shall be subject to approval by the City and shall also contain a provision requiring that any termination, renewal, or amendment to the term of such lease be approved by the City. 30. Prior to issuance of Certificate of Occupancy (C of O) the applicant shall provide a scaled and dimensioned digital site plan(s) for the project site, on either a CD or thumb drive, to the Planning Division. All site plans shall include an accurate and precise drawing of all building footprints and property line locations for the entire project site. All buildings shall be annotated with its corresponding address and suites if applicable. 31. Prior to issuance of building permits the applicant shall submit a parking management plan that is approved by the Development Services Director and shall include but may not be limited to free on-site valet service and the potantia!�-+' for subsidized use of Uber/Lyft or similar service. 32. Six months after the commencement of operation of the microbrewery, the Planning Commission shall review this conditional use permit and the success of the parking management plan on 2930 Bristol, 696, 700, and 710 Randolph Avenue. - '74-- CODE REQUIREMENTS: The following list of federal, state and local laws applicable to the project has been compiled by staff for the authorized agent and/or business owner's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. The expiration of the Planning Application PA -17-16 shall be valid for one year (August 14, 2018). If the authorized agent and/or business owner is unable to establish the use within the one-year time period, the authorized agent and/or business owner may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the planning application. 2. If construction is proposed, noise -generating construction activities shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a,m. to 6 p.m. Saturday. Noise -generating construction activities shall be prohibited on Sunday and the following Federal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 3. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 4. All areas or structures in which such operations are conducted shall be located or treated as to prevent annoyance or a detriment to any other existing on-site uses and surrounding properties. 5. Use shall comply with all requirements of Articles 5 and 9, Chapter V, Title 13 of the Costa Mesa Municipal Code relating to industrial development standards. 6. Street address shall be displayed on the fascia or store front adjacent to the main entrance of the building, in a manner visible to the public street. Numerals shall be a minimum 12" in height with not less than 3/" stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4" in height with not less than 1/" stroke and shall contrast sharply with the background. 7. Parking stalls shall be double -striped in accordance with City standards. 8. Trash enclosure(s) or other acceptable means of trash disposal shall be provided. Design of trash enclosure(s) shall conform to City standards. Standard drawings are available from the Planning Division. 9. All exits shall be clearly marked with "EXIT" signs. 10. All conditions of the California Alcoholic Beverage Control Board shall be complied with. 11. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits. Landscaping per the above conditions of approval shall be installed in accordance with the approved pians prior to final inspection or occupancy clearance. Bldg. 12. Comply with the requirements of the 2013 California Building Code, 2013 California Residential Code, 2013 California Electrical Code, 2013 California Mechanical Code, 2013 California Plumbing Code, 2013 California Green Building Standards Code and 2013 California Energy Code (or the applicable SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the authorized agent and/or business owner: AQMD 1. Authorized agent and/or business owner shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. CDFA 2. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. OCHD 3. Provide a plan to the County of Orange Health Department for review and approval. rRv— adopted, California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. 13. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2013 California Building Code. 1. Accessibility shall be to and through the front door and to the commercial space from the public sidewalk. 2. Accessible restrooms/bathrooms in the commercial space. 3. Accessible parking. 4. Accessible entry door, ramps, landings, sidewalks, hallways, strike edge clearances and elevation changes. 5. Additional access requirements maybe required as per 2013 California Building Code 14. Fulfill mitigation of off-site traffic impacts at the time of issuance of occupancy by submitting to the Planning Division the required traffic impact fee pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated including credits for all existing uses. At the current rate per trip end, the traffic impact fee is $31,639.00. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of building permit/certificate of occupancy based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. 15. Customer shall contact the Mesa Water District – Engineering Desk- and submit an application and plans for project review. Customer must obtain a letter of approval and a letter of completion from Mesa Water District. Bus. 16. A completed "Application for Business License" is required for all persons Lic. conducting business within the City. 17. If construction is proposed, all contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the authorized agent and/or business owner: AQMD 1. Authorized agent and/or business owner shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. CDFA 2. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. OCHD 3. Provide a plan to the County of Orange Health Department for review and approval. rRv—