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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. 2 1949 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. 3 1949 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 5 1949 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. 6 1949 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.