HomeMy WebLinkAbout1949RESOLUTION NO. 1949
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, 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.
WHEREAS, in September 2015, Mr. Michael Reiling, the owner of Mt.
Lowe Brewing Company, submitted an application for Conditional Use Permit No. CUP
15 -09 to permit a new microbrewery business in an existing industrial building that will
manufacture specialty beer and offer beer sampling within a tasting room that will be
open to the public and have live entertainment (the "Project "); and
WHEREAS, on October 14, 2015, Planning Services completed an
environmental assessment for the Project in accordance with the California
Environmental Quality Act (CEQA), and recommended that the Planning Commission
determine that the Project is exempt under CEQA per 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; and
WHEREAS, on October 27, 2015, a duly noticed public hearing was held before
the Planning Commission on the Project, at which time all interested persons were
given full opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Community Development
Division in the attached report dated October 27, 2015, are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
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.
FACT: The conditions under which the Project 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
conditions of approval attached to this Resolution 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.
FACT: The Commercial Manufacturing zone encourages a mix of Tight
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.
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.
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FACT: The Project site is adequate in size and shape to accommodate the
Project 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.
FACT: 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 Toad generated by such a use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
FACT: 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 Project 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.
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6. That the Project is categorically exempt from the California Environmental
Quality Act (CEQA) per Section 15303 of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons the Planning Commission
determines that the Project is Categorically Exempt per Section 15303 of the CEQA
Guidelines, and approves Conditional Use Permit No. CUP 15 -09 for a microbrewery
with a tasting room and live entertainment at 150 St. Joseph Street, subject to the
conditions of approval attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this Pi day of P — , 2015.
ATTEST:
APPROVED AS TO FORM:
i)-ediTtA4
Stephen P. Deitsch
City Attorney
4
Chairman, Plannine Commission
Conditions of Approval
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. 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.
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 an amendment to the Conditional Use Permit is 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
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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.
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 Project, 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.
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STAFF REPORT
Development Services Department
DATE: October 27, 2015
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator/
By: Lisa Flores, Planning Services Manager
SUBJECT: AMENDED CONDITION OF APPROVAL - CUP 15 -09 FOR A NEW
MICROBREWERY WITH A TASTING ROOM AND LIVE
ENTERTAINMENT IN AN EXISTING INDUSTRIAL BUILDING AT 150 ST.
JOSEPH STREET
Before you tonight is a Conditional Use Permit to allow a new microbrewery with a
tasting room and live entertainment. Staff is recommending a change to condition of
approval no. 4 to allow the business owner the flexibility of rearranging the tables and
seating to accommodate a particular event or function, and not be in violation of the
CUP. Since parking is based on the gross floor area and not the amount of seating, the
change does not create a Zoning Code issue. Occupancy will still be regulated by the
Fire Marshal. It is recommended that condition of approval no. 4 be amended as the
follows. The changes are shown with "red" strike outs.
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 des+gn. of the floor plan
without the approval of the Development S- _ - ! - _ : _ _ _ - . 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.