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HomeMy WebLinkAbout17-71 - Bootlegger Approval- 696 RandolphRESOLUTION NO. 17- 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA 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. Resolution No. 17-71 Page 1 of 12 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: Brenda Green, ity Clerk APPROVED AS TO FORM: —AW k— Thomas D e, dity Attorney Resolution No. 17-71 Page 2 of 12 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 17-71 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 17th day of October, 2017, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Mansoor, Righeimer, Stephens, Genis, and Foley NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 181h day of October, 2017. Qt t& QILVL Brenda Green, ity Clerk Resolution No. 17-71 Page 3 of 12 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. Resolution No. 17-71 Page 4 of 12 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. 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 Resolution No. 17-71 Page 5 of 12 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. Resolution No. 17-71 Page 6 of 12 */:11 3r&7 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 -tothe--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. Resolution No. 17-71 Page 7 of 12 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. 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 ofthe 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 ensure that all areas of the premises under which it has control, as well as areas in the vicinity of the subject property including the street and sidewalks, are maintained free of litter, including daily waste pickup of these areas at opening and closing of the business. 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. Resolution No. 17-71 Page 8 of 12 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 underthe 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. 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, 700 and 710 Randolph Avenue, and 696 Randolph Avenue for reciprocal access, shared parking, and public vehicular access across 2930 Bristol Street, 700, and 710 Randolph Avenue for 696 Randolph Avenue. In the event the City establishes a parking district in this area the applicant shall participate in the amount consistent with the onsite parking deficiency, if any. 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 Resolution No. 17-71 Page 9 of 12 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. 33. Public access into the building from Randolph Avenue shall be for employee and emergency access only. 34. All odors shall be contained onsite. 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. Resolution No. 17-71 Page 10 of 12 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 %" 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.- he-background. 7. 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 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 Resolution No. 17-71 Page 11 of 12 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. 17-71 Page 12 of 12