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HomeMy WebLinkAbout17-72 - PA-17-19 Approval-Brewing ReserveRESOLUTION NO. 17-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING CONDITIONAL USE PERMIT PA -17-19 FOR A MICROBREWERY (BREWING RESERVE OF CALIFORNIA) WITH A TASTING ROOM AND RETAIL SALES AND A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION AFTER 11 PM WITHIN 200 FEET OF A RESIDENTIAL ZONE AT 2930 COLLEGE AVENUE, UNIT D THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Steven Aguilar, applicant and business owner for the property owner at the time of filing, Tim Mullahey with MT Real Estate LLC requesting approval of approval of conditional use permits for a microbrewery (Brewing Reserve of California) operating past 11 PM within 200 feet of a residential zone with a tasting room and retail sales of beer produced on the premises and related products within a 3,000 sq. ft. tenant space. Proposed hours of operation for the microbrewery are Monday through Sunday: 5 AM to 5 PM; and proposed hours of operation for the tasting room are: Monday through Wednesday: 5 PM to 10 PM; Thursday and Friday: 5 PM to 12 AM; Saturday: 11 AM to 12 AM; and Sunday: 11 AM to 10 PM; and WHEREAS, a duly noticed public hearing held by the Planning Commission on September 25, 2017 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 3-1 vote. WHEREAS, a review of the Planning Commission's approval of the project was filed on October 2, 2017. WHEREAS, a duly noticed public hearing held by the City Council on November 7, 2017, with all persons having the opportunity to speak for and against the proposal. Resolution No. 17-72 Page 1 of 10 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 Conditional Use Permit PA -17-19 with respect to the use described above. 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 Conditional Use Permit PA -17-19, 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. Resolution No. 17-72 Page 2 of 10 PASSED AND ADOPTED this 7' day of November, 2017. � L- - `-/ %o�nis, Mayor Prof em— ATTEST: Erb O�PL- Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: Thoma Dua e ity Attorney 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. 17-72 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of November, 2017, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, Genis 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 8th day of November, 2017. I M11I N,1 Resolution No. 17-72 Page 3 of 10 EXHIBIT A FINDINGS (APPROVAL) A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: Finding: Compatible and harmonious relationship between the proposed building and site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. Facts in Support of Findings: Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. The proposed use is located in an industrial area which includes a variety of industrial uses, including a print shop, wholesale distribution business (Growers Direct), an event planning business, and a metal fabrication business. Residential uses are protected from any noise or nuisance associated with the microbrewery and tasting room because all uses will be conducted underroof, the separation between the two uses, as well as the block wall existing on the north property line. Conditions of approval require noise sources be conducted in a manner that will allow the quiet enjoyment of the surrounding neighborhood. In addition, adequate on-site parking is provided for the proposed use. For the industrial brewing and other miscellaneous business activities during the day, parking impacts are not anticipated because the industrial operation provides sufficient parking and the business is not open to the public during normal business hours. Due to the off -set hours of operation for the tasting room, in relation to the other industrial uses on-site, sufficient parking is provided because the tasting room operates when other uses are closed. 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. Facts in Support of Findings: A condition of approval is included requiring the proposed restriping of the parking lot, in accordance to the site plan (which shows a total of 73 parking spaces). Finding: Compliance with any performance standards as prescribed elsewhere in this Zoning Code. Facts in Support of Findings: The General Plan land use designation of the property is Light Industrial. The Light Industrial land use designation applies to areas intended for a variety of light and general industrial uses. Uses are limited to small manufacturing and service industries, as well as larger industrial operations that can demonstrate design features or restricted operations that limit disruptions to surrounding uses. The proposed microbrewery with Resolution No. 17-72 Page 4 of 10 ancillary tasting room is not considered a use that will increase density or intensity allowed per the General Plan designation and is a compatible use for this land use designation. Furthermore, the proposed project is consistent with General Plan Land Use Policies LU -1.1, LU -3.1 and LU -6.15 in that the proposed project will provide a new entrepreneurial business and provide new employment opportunities in the community, will allow for incubation of growing industry in different parts of the City and, with compliance with conditions of approval, will ensure compatibility with the nearby residential neighborhood. Finding: The planning application is for a project -specific case and does not establish a precedent for future development. Facts in Support of Findings: Approval will apply to this project -specific location. Conditions of approval 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 Findings: 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. Residential uses are protected from any noise or nuisance associated with the microbrewery because residential uses are buffered by a 14,400 -square -foot industrial building, with a block wall between the subject property and the public alley. Furthermore, conditions of approval address restrictions on entertainment and noise to reduce impacts to adjacent residents. In addition, adequate on-site parking is provided for the proposed use. For the industrial brewing and other miscellaneous business activities during the day, parking impacts are not anticipated because the industrial operation provides sufficient parking and the business is not open to the public during normal business hours. Due to the off -set hours of operation for the tasting room, in relation to the other industrial uses on-site, sufficient parking is provided because the tasting room operates when other uses are closed. 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 Findings: The proposed use, as conditioned, will not generate adverse noise, traffic, or parking impacts that are unusual for industrially -zoned properties. Residential uses are protected from any noise Resolution No. 17-72 Page 5 of 10 or nuisance associated with the microbrewery and tasting room because all uses will be conducted underroof. Conditions of approval require noise sources be conducted in a manner that will allow the quiet enjoyment of the surrounding neighborhood. In addition, standard conditions of approval for establishments with off -sale retail alcohol sales are included to minimize impacts to adjacent properties and will be required to comply with the requirements of the Alcoholic Beverage Control Department. Furthermore, the proposed project is conditioned to restripe the parking lot, in accordance to the site plan (which shows a total of 73 parking spaces). 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 Findings: The General Plan land use designation of the property is Light Industrial. The Light Industrial land use designation applies to areas intended for a variety of light and general industrial uses. Uses are limited to small manufacturing and service industries, as well as larger industrial operations that can demonstrate design features or restricted operations that limit disruptions to surrounding uses. The proposed microbrewery with ancillary tasting room is not considered a use that will increase density or intensity allowed per the General Plan designation and is a compatible use for this land use designation. Furthermore, the proposed project is consistent with General Plan Land Use Policies LU -1.1, LU -3.1 and LU -6.15 in that the proposed project will provide a new entrepreneurial business and provide new employment opportunities in the community, will allow for incubation of growing industry in different parts of the City and, with compliance with conditions of approval, will ensure compatibility with the nearby residential neighborhood. C. The project is exempt from the provisions of the California Environmental Quality Act under Section 15301 for Existing Facilities. D. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. Resolution No. 17-72 Page 6 of 10 EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff report, which includes a microbrewery (Brewing Reserve of California) operating past 11 PM within 200 feet of a residential zone with ancillary use of a tasting room and retail sales of beer produced on the premises and related products within a 3,000 sq. ft. tenant space. Hours of operation for the microbrewery are Monday through Sunday, 5 AM to 5 PM; and proposed hours of operation for the tasting room/retail sales are Monday through Wednesday: 5 PM to 10 PM; Thursday and Friday: 5 PM to 12 AM; Saturday:11 AM to 12 AM; and Sunday: 11 AM to 10 PM. Any change in the operational characteristics including, but not limited to, increased hours of operation, or provision for live entertainment, will require approval of an amendment to the conditional use permit, subject to Planning Commission approval. 2. Prior to final Planning Inspection, the parking lot shall be re -striped in accordance to the approved site plan. 3. The property shall designate one parking stall as "10 -minute parking only" with a permanent sign. 4. Pick-up and drop-off parking space shall be designated with permanent freestanding signage that is approved by the Development Services Department. 5. Two hoop bike racks shall be installed and meet Transportation's specifications for materials, finishes, and placement. Materials 1.5" schedule 40 uncoated pipe (1.90" OD) Installation Methods: In -ground mount is embedded into concrete base. Flange mount has two 2.5" x 6" x .25" feet - 4 anchors. Finishes A rubbery PVC dip. Blue is standard. Hoop Bike Rack A. Setbacks 1. Wall Setback: For Hoops set parallel to the wall, a minimum of 24" should be left between the wall and the rack. 36" is the recommended setback. For Hoops installed perpendicular to the wall, a 28" setback is the minimum distance. 36" is recommended. 2. Distance Between Racks: 24" is the minimum distance between racks. 36" is recommended. 3. Street Setback: 24" is the minimum distance between the street and the rack. 36" is recommended. The foot -mounted Hoop Rack has a 2.5" x 6" x .25" foot which is installed onto a concrete base with 4 masonry anchors. The foot -mounted Hoop Rack is generally less expensive to install and easier to remove than the in -ground mount model, while still maintaining the same degree of security. Resolution No. 17-72 Page 7 of 10 6. All uses shall be conducted within the tenant space (underroof). 7. This Conditional Use Permit does not include the allowance for live entertainment. Live entertainment may only be permitted subject to approval of a Conditional Use Permit and issuance of a "Public Entertainment Permit." Please contact Planning and Code Enforcement for application information. 8. 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. 9. No on-site food preparation is permitted. 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. 10. Prior to issuing the Building permit the conditions of approval shall be required to be incorporated on the approved plans. 11. The 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. 12. 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. 13. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 14. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute whatever security and operational measures are necessary to comply with this requirement. 15. 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/orthe parties initiating or bringing such proceeding. This indemnity provision shall include the applicant'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. Resolution No. 17-72 Page 8 of 10 16. 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. 17. The applicant shall maintain free of litter all areas of the premises under which the applicant has control. 18. Any new exterior lighting proposed shall be shielded and/or directed away from residential areas. 19. 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. 20. The 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. 21. The applicant shall implement a security plan, as presented at the November 7, 2017 City Council meeting. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. Once the use is legally established, the planning application herein approved shall be valid until revoked. The Development Services Director or his designee may refer the planning application to the Planning Commission for modification or revocation at any time if, in his opinion, any of the following circumstances exist: 1) the use is being operated in violation of the conditions of approval; 2) the use is being operated in violation of applicable laws or ordinances or 3) one or more of the findings upon which the approval was based are no longer applicable. 2. Within 30 days of City Council action, the illegal outdoor storage (including the galvanized/corrugated items and barbed wire on top of the block wall) shall be removed, or a Code Enforcement Case will be opened, which is subject to fines. 3. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 4. Any trash facilities shall be screened from view and designed and located appropriately to minimize potential noise and odor impacts to any adjacent residential areas. Resolution No. 17-72 Page 9 of 10 Bldg. 5. Comply with the requirements of the following adopted codes: 2016 California Residential Code, 2016 California Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Green Building Standards Code and 2016 California Energy Code (or the applicable adopted, California Residential Code, California Building 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. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2016 California Building Code. Bus. 6. All contractors and subcontractors must have valid business licenses to do Lic. 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. 7. Business license shall be obtained prior to the initiation the business. Trans. 8. The applicant shall submit a $16,123 Traffic Impact Fee to the Transportation Division prior to the effective date of the conditional use permit. The traffic impact fee is based upon the average daily trip generation rate for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the minor conditional use permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. Prior to the Building Division (AQMD) issuing a demolition permit, contact South Coast Air Quality Management District located at: 21865 Copley Dr. Diamond Bar, CA 91765-4178 Tel: 909-396-2000 OR Visit their web site: http://www.costamesaca.gov/modules/showdocument.aspx?documentid =23381 The Building Division will not issue a demolition permit until an identification number is provided by AQMD. OCHA 2. Provide a plan to the County of Orange Health Dept. for review and approval. Resolution No. 17-72 Page 10 of 10