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HomeMy WebLinkAbout17-73 - PA-17-23 Approval-Salty Bear Brewing Company, Randoph AveRESOLUTION NO. 17-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING CONDITIONAL USE PERMIT PA -17-23 FOR OPERATION OF A MICROBREWERY (SALTY BEAR BREWING COMPANY) AT 2948 AND 2944 RANDOLPH AVENUE THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Phillip Schwartze, authorized agent for Camp Out LLC., owners of property located at 2948 and 2944 Randolph Avenue. WHEREAS, the proposed project involves conditional use permits for a microbrewery with a tasting room and minor conditional use permits for an outdoor dining patio and unusual operational characteristics to meet parking requirements. 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 4-0 vote (one commissioner absent). WHEREAS, review of the Planning Commission's approval of the project were 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. 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. Resolution No. 17-73 Page 1 of 13 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 -17-23. 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 -17-23, 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 7th day of November, 2017. Sandra L. Genis, Mayor Pro Tem - Resolution No. 17-73 Page 2 of 13 ATTEST: APPROVED A-$ TO FORM: Brenda Green, ity Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) IN 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. 17-73 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. &r Wjff QaLA�L Brenda Green, Oty Clerk Resolution No. 17-73 Page 3 of 13 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 Camp 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 2948 and 2944 Randolph Avenue into the collection of properties that make up this commercial center 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 Camp. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. While the land use restriction required for this project to proceed will balance parking demand onsite by restricting the use of 9,630 square feet of building space, this will ensure that this additional use will not cause any negative parking impacts to locations offsite while the owner studies the parking demand onsite and the potential uses that may be compatible and harmonious with the existing use and the proposed microbrewery. 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 will increase connectivity to neighboring properties, and generate a more pedestrian -oriented site overall. Resolution No. 17-73 Page 4 of 13 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. Facts in Support of Findings: The proposed brewery is permitted in the MG 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 Camp attest to the fact that it is meeting the needs and interests of local residents as well as being an attractive commercial centerforthe region. This additional use increases the diversity and fits within the character of The Camp. 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, its location, site configuration, and use. 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 Resolution No. 17-73 Page 5 of 13 commercially -zoned properties. The proposed operation reflects that of the adjacent uses. Adequate parking is ensured by limiting the use of 9,630 square feet of building space until a full and comprehensive study of the project site's parking and potential uses is completed and approved by the City. 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 industrially -zoned properties. 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 Camp and nearby microbreweries. 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 Light Industrial land use designation is intended to permit uses that have industrial components like the brewing and distribution of alcohol. 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 not exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. Resolution No. 17-73 Page 6 of 13 The applicant shall submit a $36,019 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 of 227 net trip ends 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 Conditional Use Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. Resolution No. 17-73 Page 7 of 13 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. Prior to issuance of building permits the applicant shall show proof of recordation with the county of a land use restriction which prohibits the use of 9,630 square feet of building space on buildings 2948 and 2944 Randolph Avenue. This land use restriction will require that all tenants spaces within this 9,630 square -foot area must remain vacant and unoccupied until the owner provides uses and associated parking plan for the two buildings that the Development Services Department approves or is part of a Master Plan approved by the Planning Commission. 3. Prior to issuance of building permit the applicant shall schedule a walkthrough inspection with Development Services to ensure that the suites required by the land use restriction to be vacant are unoccupied. The applicant shall allow Development Services to inspect said suites for the duration of the land use restriction. 4. Hours of operation shall be limited.to hours from 4:00 AM to 4:00 PM daily for brewing, and proposed hours of operation for retail tasting is 11:00 AM to midnight. Any change in the business description, hours or days of operation, etc. shall require Further review of the CUP 5. The conditions of approval and ordinance or code provisions of planning application PA -17-23 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 6. 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. 7. 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. 8. 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. 9. Security personnel shall be onsite during hours of operation for all businesses in The Camp and at 2948 and 2944 Randolph Avenue. Resolution No. 17-73 Page 8 of 13 10. 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. 11. 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. 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 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. 14. No live music, amplified music, or music speakers shall be permitted within the outdoor patio area. 15. On-site signs shall comply with the provisions of the Costa Mesa Sign Ordinance. 16. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 17. 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. 18. Customer and employee parking shall occur on-site and not on surrounding public streets. 19. 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. 20. 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. 21. The applicant shall maintain free of litter all areas of the premises under which the applicant has control. 22. No on-site food preparation is permitted. No food trucks are permitted in the parking lot. 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. Resolution No. 17-73 Page 9 of 13 23. Landscaping is required within the front setback under the direction of Planning Staff. The current landscaping that abut the sidewalk along Randolph Avenue must be properly landscaped and irrigated. 24. A preliminary landscaping plan shall be submitted prior to issuance of building permits. The landscaping plan must show how the addition of the common area will bring the site into conformance by providing 15 square feet of landscaping for every parking space. 25. 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. 26. 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. 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. 27. Prior to issuance of building permits the owner shall provide proof of a recorded agreement between 2944 and 2948 Randolph for reciprocal access and shared parking. 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. 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. 30. Two hoop bike racks shall be installed and meet Transportation's specifications for materials, finishes, and placement. Materials A. 1.5" schedule 40 uncoated pipe (1.90" OD) B. Installation Methods: In -ground mount is embedded into concrete base. Flange mount has two 2.5" x 6" x .25" feet - 4 anchors. Resolution No. 17-73 Page 10 of 13 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. 31. Pick-up and drop-off parking spaces shall be designated with permanent freestanding signage that is approved by the development services department. 32. Prior to issuance of building permits, plans shall be modified to reflect revision of all addressing onsite including the freestanding monument sign to identify the building at 2948 Randolph Ave and not 2950 Randolph Avenue. 33. 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. 34. The applicant shall, in good faith, pursue a recorded reciprocal pedestrian access agreement between 2948 Randolph Avenue and 2937 Bristol Street. Within one year of operation, the owner of 2948 Randolph Avenue shall provide proof of a reciprocal pedestrian access agreement between the two aforementioned addresses or evidence of the inability to record such an agreement. 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 -17-23 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 Resolution No. 17-73 Page 11 of 13 receive a written request for the time extension prior to the expiration of the Resolution No. 17-73 Page 12 of 13 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 %" 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 '/4" 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 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. Resolution No. 17-73 Page 12 of 13 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 $36,019.00. 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. 17-73 Page 13 of 13