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HomeMy WebLinkAboutItem No. 1 - CUP 15-09_150 St. JosephDATE: October 27, 2015 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Lisa Flores, Planning Services Manager SUBJECT: RESOLUTION NO. 1949 – APPROVING CONDITIONAL USE PERMIT NO. CUP 15-09 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW MICROBREWERY WITH A TASTING ROOM AND LIVE ENTERTAINMENT WITHIN AN EXISTING INDUSTRIAL BUILDING AT 150 ST. JOSEPH STREET Recommendation: Adopt Resolution No. 1949 SUMMARY The applicant is requesting approval of Conditional Use Permit Application No. CUP 15- 09 for a microbrewery at an approximately 5,950 square-foot unit at the west end of the existing multi-tenant industrial building at 150 St. Joseph Street (dba: Mt. Lowe Brewery). The microbrewery will have a tasting room with a stage for live entertainment. It is recommended that the Planning Commission approve CUP 15-09 and adopt Resolution No. 1949 (Attachment No. 1) that incorporates the requisite findings for a Categorical Exemption and approval of a Conditional Use Permit, and the conditions of approval as listed in this staff report. BACKGROUND The subject site is developed with a 59,250 square-foot, multi-tenant industrial building at the corner of St. Joseph Street and Second Avenue. Access to the unit is available either from St. Joseph Street, or off the rear alley. The site has two parking lots, one off of Second Avenue, and the other behind the building that is accessed by the alley south of St. Joseph Street. The unit is currently occupied by an auto body repair shop – see Attachment No. 2 for an Aerial Photo with Zoning information and photos of the subject property and surrounding properties. PROPOSAL The applicant is proposing to open the first microbrewery in the City and within the Arcadia Downtown area. A microbrewery is a limited-production brewery, typically producing specialty beers. The owners plan to brew their own beer and distribute it to CUP 15-09 150 St. Joseph St. October 27, 2015 Page 2 of 9 local restaurants. Also, most microbreweries are open to the public to allow tasting in tap rooms, often referred to as a tasting room, and provide guided tours through the manufacturing and production areas. The patrons can also buy the beer in sealed containers to take home. The applicant is proposing to utilize more than half the floor space (i.e., 3,647 square feet) of the 5,950 square-foot unit for the manufacturing and production of specialty beers, and 2,303 square feet for the tasting room that will accommodate 93 people – refer to the image below provided by the Applicant, and Attachment No. 3 for the plans. There will not be a kitchen for preparing food at the microbrewery. Instead, the applicant proposes to have food catered, such as food trucks, a taco man, or a barbeque service in the parking lot. This is similar to how Alosta Brewery operates in Covina, and how other similar facilities operate in Downtown Los Angeles and in other cities. The proposed brewing (manufacturing) will take place between 10:00 a.m. to 3:00 p.m. Monday through Friday. The tasting room will be open from 3:00 p.m. to 10:00 p.m., Monday through Thursday; 10:00 a.m. to 10:00 p.m. on Saturdays; and from 10:00 a.m. to 8:00 p.m. on Sundays. The entertainment will be indoors, and either be live performers, or a DJ, and will end at the same time as the close of business. The guided tours will be in groups of 10-12 people at a time, and will include viewing of the manufacturing and production equipment when not in use. There is to be no sampling of beers during the guided tours, and tastings will only occur in the tasting room. CUP 15-09 150 St. Joseph St. October 27, 2015 Page 3 of 9 ANALYSIS The Code requires a Conditional Use Permit (CUP) when alcoholic beverages are sold or served on-site. In this case, it would only be within the tasting room. As for the manufacturing and production of the beer, it is an allowed use since this property is zoned Commercial-Manufacturing (C-M). This zone is intended to support a variety of business activities, and provide tools to help the businesses and the Downtown area maximize its economic potential. The proposed use is in keeping with the Arcadia Business Improvement District’s objective of allowing a variety of uses in the Downtown to foster an active and lively business and social environment. The applicant will begin operations by using a one barrel system to brew 31 gallons at a time, five days a week for a capacity of 15 barrels per month. The operation will be similar to the following microbreweries that are also located in industrial buildings: Other Microbreweries Location Golden Road Glendale Pacific Plate Monrovia Dale Bros. Upland Alosta Brewery Covina Eagle Rock Brewery Eagle Rock Hangar 24 Redlands The parking requirement for the proposed microbrewery is 24 parking spaces based on a requirement of one parking space for every 500 square feet of gross floor area for the manufacturing area and 10 parking spaces for every 1,000 square feet of gross floor area for the tasting room, and a 25% reduction for commercial uses that are within a quarter-mile (1,320 feet) of the Gold Line station. The 25% off-street parking reduction is based on the expectation that some of the patrons will walk to and from the station. During normal business hours there will be a total of 24 parking spaces available for the brewery, of which 18 spaces will be located in the rear parking lot (i.e., space nos. 1-8, 23-28, and 60-63) and the other six spaces will be in the front parking lot off of Second Avenue (i.e., any of the six spaces between nos. 30-59). However, all of the parking spaces on the site will be available for the microbrewery after 6:00 p.m., which is when all of the other existing businesses at this location will have closed. The parking lot will also have an area set aside for the food truck or other outdoor food service provider – refer to the site plan on the next page. CUP 15-09 150 St. Joseph St. October 27, 2015 Page 4 of 9 FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. Facts to Support the Finding: The conditions under which the microbrewery will be operated and maintained will not be detrimental to the public health, welfare, or injurious to properties or improvements in the vicinity, in that the applicant will be required to adhere to the recommended conditions of approval listed in this report to safeguard the surrounding uses from any negative impacts. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Facts to Support the Finding: The Commercial Manufacturing zone encourages a mix of light manufacturing businesses, limited auto service and repair, and support office and retail uses. The proposed project and its close proximity to the Gold Line station and Downtown Mixed Use zone, will provide an opportunity for a lively street scene to come to this area, and help revitalize the Downtown since it will attract both commuters to shop or dine, and residents who want to live within walking distance of commercial amenities and be able to ride the train to work. CUP 15-09 150 St. Joseph St. October 27, 2015 Page 5 of 9 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Facts to Support the Finding: The project site is adequate in size and shape to accommodate the microbrewery since the business operation will take place inside an existing building and the proposed number of total parking spaces of 24 spaces meets the City’s parking requirements. There is ample room in the parking lot to accommodate a food truck and still provide enough parking spaces for the rest of the tenants in this building. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. Facts to Support the Finding: The project site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by a microbrewery business that manufactures beer and offers beer sampling in a tasting room open to the public. The microbrewery will be located in an industrial complex that has sufficient on and off site access onto First and Second Avenues, which can accommodate a traffic load generated by such a use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Facts to Support the Finding: Approval of the microbrewery business that manufactures beer and offers beer sampling in a tasting room open to the public with live entertainment is compatible with the General Plan and will not adversely affect the objectives of the General Plan. In fact, the microbrewery would advance the goals of the City’s General Plan Land Use and Community Design Element by providing complementary service and retail commercial businesses, professional offices, and residential uses and by incorporating public open spaces as an integral component of the Gold Line station, which is located two blocks from the subject site at 150 St. Joseph Street. The proposed project, with the recommended conditions of approval, will satisfy each prerequisite condition, and all City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. Any changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, or designees. CUP 15-09 150 St. Joseph St. October 27, 2015 Page 6 of 9 Based on the foregoing, it is recommended that the Planning Commission approve Conditional Use Permit No. CUP 15-09, subject to the aforementioned Conditions of Approval. ENVIRONMENTAL ANALYSIS The project is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines because the project is converting the use of an existing building, is not involving the use of a significant amount of any hazardous materials, and does not exceed 10,000 square feet of floor area within an urbanized setting. See Attachment No. 4 for the Preliminary Exemption Assessment. PUBLIC NOTICE Public hearing notices for CUP 15-09 were mailed on October 15, 2015, to the property owners, tenants, and occupants of those properties that are within 300 feet of the subject site. The notice was published in the Pasadena Star News on October 16, 2015, and no comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 15-09 for a new microbrewery with a tasting room and live entertainment, and find that the project is exempt per Section 15303 of the CEQA Guidelines, subject to the following conditions of approval: 1. The premises shall be limited to only a Small Beer Manufacturer Type 23 Alcoholic Beverage License. 2. Retail sales of beer shall be limited to the beer manufactured on site. 3. The sale of beer shall be in compliance with all local, State and Federal laws, and all conditions of the Department of Alcoholic Beverage Control (ABC) for the issuance of a Type 23 (Small Beer Manufacturer) license. 4. The approved floor plan is an integral part of the decision in approving the Conditional Use Permit. There shall be no change in the design of the floor plan without the approval of the Development Services Director or designee. Any expansion of the approved tasting rooms that is 2,303 square feet in area, which has the effect of expanding or intensifying the present use, shall require an amendment to the Conditional Use Permit. CUP 15-09 150 St. Joseph St. October 27, 2015 Page 7 of 9 5. The tasting room and live entertainment shall not be open for business more than twenty (20) hours per day, nor anytime between 1:00 a.m. and 5:00 a.m.; otherwise is an amendment to the Conditional Use Permit required. 6. The live entertainment shall be limited to a live band or DJ with a dance area near the stage area. The roll-up door shall remain closed when there is amplified sound, unless it is part of a separate event and processed under a Special Use Permit. No karaoke is permitted with this approval. 7. Televisions and pool tables are permitted only in the tasting room area. 8. Beer shall only be consumed on the premises by the public in the indoor areas specified on the floor plan for beer tasting. No outdoor consumption of beer on the premises is permitted. Signs shall be posted in the tasting rooms advising customers that it is unlawful for any person to drink beer outdoors on the premises and in the public places. 9. Deliveries to or distribution from the premises are not permitted between the hours of 10:00 p.m. to 6:00 a.m. 10. The outdoor food trucks or stands shall be located within the parking area and shall be located at least ten (10) feet from any exit doors. Any cooking equipment shall not be located within ten (10) feet of any exits, aisles, passageways, combustible materials or tent/canopy. There shall be no cooking underneath canopies or tents unless they are flame retardant and labeled with the California State Fire Marshal seal. 11. A minimum of two exits, one at the rear of the building and the other facing St. Joseph Street shall be provided. All exits shall be equipped with panic hardware and a sign stating that the door(s) are to remain unlocked while the building is occupied, to the satisfaction of the City’s Fire Marshal. 12. A sign shall be displayed at the rear parking lot and/or on the gate(s) informing the patrons that if the parking lot is full, that they may park in the other parking lot that is located at the corner of St. Joseph Street and Second Avenue. 13. If it is determined by the Public Works Services Director that patrons are littering the surrounding streets, alley, parkways, parking lots, or adjoining properties as a result of their patronizing the establishment, the microbrewery will provide employees to promptly pick-up and properly dispose of all litter. 14. No outside storage or displays shall be permitted at any time. 15. Any violation of these conditions of approval or the Arcadia Municipal Code may be subject to an administrative fine, or other available remedies and/or revocation or modification of this permit. CUP 15-09 150 St. Joseph St. October 27, 2015 Page 8 of 9 16. This CUP may be called for review, including modification or revocation, at any time by City Staff, the City Council, or Planning Commission if a violation of the approved conditions or the Arcadia Municipal Code (AMC) is alleged, or if it is alleged that the establishment, or its patrons, are creating a public nuisance, and such violation or public nuisance is verified by the Arcadia Police Department, Code Services, or other City department. In addition to any other remedy available to the City, security measures may be required such as additional employees to monitor the area when problems are occurring. 17. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, Modification Committee, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 18. Approval of CUP 15-09 shall not be of effect unless on or before 30 calendar days after approval of this permit, the property owner/applicant has executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should approve a motion to approve Conditional Use Permit No. CUP 15-09 stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1949 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this application, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 15-09, stating the finding(s) that the proposal does not satisfy with reasons based on the record, and CUP 15-09 150 St. Joseph St. October 27, 2015 Page 9 of 9 direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the October 27, 2015, hearing, please contact Planning Services Manager, Lisa Flores at (626) 574-5445, or lflores@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1949 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property and Surrounding Properties Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Preliminary Exemption Assessment Attachment No. 2 Aerial Photo with Zoning Information and Photos of the subject property Disclaimer: 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 0.0 © City of Arcadia WGS_1984_Web_Mercator_Auxiliary_Sphere 0Miles0.00.01 Legend 1: 150 St. Joseph Street Reported on 10/22/2015 03:54 PM 564 Notes Zone: C-M General Plan: Commercial Main Structure: 59,250 sq.ft. Year Built: 1981 Overlays: None City Boundary Arcadia City Boundary Sphere of Influence Parcels Parcels Cities and Communities Front Elevation – Main entrance (right door) to the brewery off of St. Joseph Rear Elevation – Behind the building where the second entrance is located. Rear Elevation – View of the parking lot Rear Elevation – View of the parking lot and alley Alley to the rear of the building Parking lot no. 2 (corner of St. Joseph St. and Second Avenue) View of St. Joseph St. – Plenty of street parking Business next door to the subject site – Auto repair shop Businesses Across the street on St. Joseph Street Attachment No. 3 Site and Floor Plan     Attachment No. 4 Preliminary Exemption Assessment (CEQA) Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit No. 15-09 – A new microbrewery with a tasting room and live entertainment within an existing industrial building. 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 150 E. St. Joseph Street (nearest cross street is Second Avenue). 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Michael Reiling (2) Address 150 E. St. Joseph 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: Section 15303 f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: October 14, 2015 Staff: Lisa Flores, Planning Services Manager