HomeMy WebLinkAbout31A - CUP - 1409 E WARNER AVEREQUEST FOR
COUNCIL ACTION
"M 11114
MAY 6, 2014
TITLE:
CONDITIONAL USE PERMIT NO. 2014 -04 TO
ALLOW TYPES 4,6 AND 23 ALCOHOLIC
BEVERAGE CONTROL LICENSES FOR
CISMONTANE BREWING AT 1409 EAST
WARNER AVENUE, SUITES C AND D —
EVAN WEINBERG, APPLICANT
CITY MANA R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No. 2014 -04 as conditioned.
PLANNING COMMISSION ACTION
On April 14, 2014, the Planning Commission adopted a resolution approving Conditional Use
Permit No. 2014 -04 as conditioned by a vote of 6:0 (Nalle absent) which approved Types 4, 6
and 23 Alcoholic Beverage Control licenses to allow a small beer manufacturer and distillery at
Cismontane Brewing located at 1409 East Warner Avenue, Suites C and D located in the Light
Industrial (M1) zoning district. The Planning Commission made no changes to the recommended
conditions of approval outlined in the attached staff report (Exhibit A).
DISCUSSION
Cismontane Brewing proposes a small -scale beer brewery and distillery within an existing 8,342
square foot tenant space that is located towards the back half of the building, furthest from
Warner Avenue. Physical improvements include the installation of brewery equipment, office
space, a warehouse area and tasting area. Cismontane Brewery will operate as a micro - brewery
and distillery as well as allow the tasting of specialty craft and experimental alcohol produced on
the premises. The manufacturing operation is anticipated to operate weekdays from 6:00 a.m. to
10:00 p.m. but could extend during peak production times. The production operation will require
up to 15 employees. The tasting area will be open from 12:00 p.m. to 9:00 p.m. Full sized site
plans are available for public viewing in the Clerk of the Council Office.
31A-1
Conditional Use Permit No. 2014 -04
May 6, 2014
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
V�,X t � 11j, A__
Karen Haluza
Interim Executive Director
Planning & Building Agency
SK:rb
sk1CUP14.04 Clsmontane Brewery.cc
Exhibit: A. Planning Commission Staff Report
31A-2
REQUEST FOR
PLANNING COMMISSION MEETING DATE:
APRIL 14, 2014
TITLE:
PUBLIC HEARING - FILED BY EVAN
WEINBERG FOR CONDITIONAL USE PERMIT
NO. 2014.04 TO ALLOW TYPES 4,6 AND 23
ALCOHOLIC BEVERAGE CONTROL LICENSES FOR
CISMONTANE BREWING AT 1409 EAST WARNER
AVENUE, SUITES B AND C
Prepared by Klotz
Interim Executive rector
PLANNING COMMISSION SECRETARY
APPROVED
❑
As Recommended
❑
As Amended
❑
Set Public Hearing For
DENIED
•
Applicant's Request
•
Staff Recommendation
CONTINUED TO
Acting Planning Manager
Adopt a resolution approving Conditional Use Permit No. 2014 -04 as conditioned.
Request of Applicant
Evan Weinberg, representing Cismontane Brewing, is requesting approval of a conditional use permit
for Types 4, 6 and 23 Alcoholic Beverage Control (ABC) licenses for a small beer manufacturer and
distillery at 1409 East Warner Avenue, Suites B and C. Establishments that sell alcoholic
beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal
Code (SAMC),
Project Location and Site Description
The applicant proposes to operate Cismontane Brewing, a small -scale beer brewery and distillery on
a one acre parcel land. The proposed use will be within an existing 16,442 square foot building, of
which 8,342- square feet will be occupied by the proposed use. The site is located on the north side of
Warner Avenue between Grand Avenue and Hathaway Street. The business will occupy
approximately one -half of the existing industrial building, with the remainder of the building currently
occupied by Pep Boys Auto. A total of 37 parking spaces have been provided.
The site is surrounded by industrial uses to the west, north and south and a commercial center to the
east (Exhibits 1, 2 and 3).
Project Description
The Cismontane Brewery is requesting approval of a Type 4, 6 and 23 Alcoholic Beverage Control
(ABC) licenses to allow a small beer manufacturer and distillery.
EXHIBIT A
31A-3
Conditional Use Permit No. 2014 -04
April 14, 2014
Page 2
Cismontane Brewery will occupy an existing 8,342 square foot tenant space that is located towards the
back half of the building, furthest from Warner Avenue. Physical improvements include the installation
of brewery equipment, office space, a warehouse area, and 407 square foot tasting area.
Cismontane Brewery will operate as a micro - brewery and distillery as well as allow the tasting of
specialty craft and experimental alcohol produced on the premises. This establishment will have a
small retail component consisting of t- shirts, mugs and small sundry items that include the logo
and /or name of the micro - brewery. The manufacturing operation is anticipated to operate weekdays
from 6:00 a.m. to 10:00 p.m. but could extend during peak production times. The production
operation will require up to 15 employees. The tasting area will be open from 12:00 p.m. to
9 :00 p.m. (Exhibits 4, 5 and 6). The conditions of approval allow the hours of the tasting area to be
consistent with The Good Beer Brewery (CUP 2013 -01).
Project Background
The applicant, Evan Weinberg, representing Cismontane Brewing, is a co -owner of the company. A
Cismontane Brewing facility is currently located in Rancho Santa Margarita where both a production
and retail components are in operation. The location proposed in Santa Ana is a duplication of their
existing facility other than the distillery function. The proposed location would add additional features
such as office space and distilling equipment.
The tasting area allows the customer and the staff to interact. A tasting counter will create an
environment for customers to enjoy the various beers that are made on the premises, have growlers
filled and purchase other merchandise. The tasting room staff will be on one side of the counter for
access to the taps, bottles, merchandise, sinks and equipment and the customers on the other, The
tasting /retail area will be used for staging equipment as needed and general tastings. The square
footage for the tasting /retail area is 407 square feet which is less than five percent of the total square
footage.
General Plan and Zoning Consistency
The General Plan land use designation for the site is Industrial (IND), The Industrial districts of the
City are vital to its economic health. These areas provide employment opportunities for local
residents, and generate municipal revenues for continued economic development. As one of the
County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal
is to maintain this strong industrial base by setting land use policies which preclude the intrusion of
less intensive commercial or residential uses. Typical uses found in this district include light and
heavy product manufacturing and assembly. The proposed project, a micro - brewery and distillery,
is consistent with this General Plan land use designation.
31A-4
Conditional Use Permit No. 2014 -04
April 14, 2014
Page 3
The zoning designation for the site is Light Industrial (M1). The proposed use of the land is a
brewery and distillery, both considered manufacturing. Along with the primary manufacturing
operation, administrative office, retail and tastings will occur. The M1 zone allows limited office and
retail that is ancillary to the primary use. The proposed use is consistent with the M1 zone.
Project Analysis
There are currently two businesses with a Type 23 ABC license in the city: The Good Beer Brewery
located at 207 West Fourth Street and Dean Brothers Brewing Company located at 1006 East
Hathaway Street. The Good Beer Brewery was issued CUP 2013 -01 but is not open for business.
The Dean Brothers Brewing Company was established in 2007 and is in operation in an industrial
section of the city. A Type 23 ABC license allows a small beer manufacturer or micro - brewery with
both on and off- premise consumption of alcohol. A micro - brewery is a small -scale brewery
operation that typically is dedicated solely to the production of specialty or experimental beers.
Although some do operate a restaurant or pub in conjunction with their manufacturing plant, no
restaurant is proposed or intended at this location as food sales are not required with a Type 23
ABC license. The Type 4 and 6 licenses will allow a distillery function, which includes the
manufacturing and packaging of distilled spirits such as whiskey and rum. There is currently one
other Type 6 license in the City: Bear and Eagle Products located at 1425 East Borchard Avenue,
which manufactures vodka,
The license types requested allow tasting of alcohol produced or bottled by the licensee for on-
premise consumption, The applicant has indicated that tasting, where alcoholic samples are offered
for a charge, will be eight ounces per customer. The proposed use may also sell beer to consumers
for consumption off the manufacturer's licensed premises; however, selling individual bottles is not
the primary business plan as the tasting room is small, and their target market is bulk sales to the
local and regional consumers and restaurants.
The proposed project is a manufacturing use with a small retail component consistent with the M1
zone allowance for an industrial use providing ancillary product sales and service. The tasting area,
while allowing consumption of alcohol, will be limited to products made by the applicant. In that
respect, it differs from bars that may sell a variety of alcoholic products that are not manufactured
on -site. Additionally, bars can encompass a majority of their floor area to the sales and
consumption of alcohol, while the proposed project will be limited to no more than 5% of the floor
area for product sales and consumption. Lastly, the hours of operation for the tasting area are
limited and do not extend into the late night hours as bars typically operate.
The license types are further described below per the State Alcohol Beverage Control Department:
Type 4, Distilled Spirits Manufacturer - "Any person who produces distilled spirits from naturally
fermented materials or in any other manner" (Section 23015). The functions of this type of license,
in addition to that of production, include packaging, bottling, rectifying, flavoring and others as found
within Section 23356. The functions apply only to distilled spirits; they do not include wine or beer,
31A-5
Conditional Use Permit No. 2014 -04
April 14, 2014
Page 4
Type 6, Still - This license is used for the making of alcoholic beverages or facilities capable of such
use. A still is "...any apparatus capable of being used for separating alcohol, or alcoholic vapors or
solutions from alcohol or alcoholic solutions or mixtures ..."
Type 23, Small Beer Manufacturer (Less than 60,000 barrels per year) - The privileges and
limitations for this type of license are the same as for other beer manufacturers. The most common
users of this license are operators of micro - breweries and brewpubs.
"Micro- brewery" - A small -scale brewery operation that generally produces approximately 15,000
barrels a year. Its beer products are primarily Intended for local and /or regional consumption.
Typically, these operations are solely dedicated to the production of specialty beers.
Several items in past applications for similar uses have needed to be addressed, including trash,
odor and noise. Two trash containers are located on -site and are designed to handle the trash
generated from the manufacturing operation. Odors associated with the waste from the brewing
process will be contained within the building. Smells associated with a micro - brewery are not
offensive or strong, but rather smell like bread baking. Brewing equipment is vented to the roof.
The brewing equipment does not generate noise above that allowed by the City's noise ordinance.
There are no sensitive receptors within 500 feet of the microbrewery.
Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use
Permit requests may be granted when it can be shown that the following can be established:
• That the proposed use will provide a service or facility that will contribute to the general well being
of the neighborhood or community.
• That the proposed use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity.
• That the proposed use will not adversely affect the present economic stability or future economic
development of properties surrounding the area.
• That the proposed use will comply with the regulations and conditions specified in Chapter 41 for
such use.
• That the proposed use will not adversely affect the General Plan of the city or any specific plan
applicable to the area of the proposed use.
If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely,
the inability to make these findings would result in a denial. Using this information staff has prepared
the following analysis, which, in turn forms the basis for the recommendation contained in this report.
31A-6
Conditional Use Permit No. 2014 -04
April 14, 2014
Page 5
In analyzing the conditional use permit request, staff believes that the following findings of fact
warrant approval of the conditional use permit.
The proposed alcoholic beverage licenses will provide a service to both individuals and other
businesses that wish to purchase unique craft beer and distilled spirits for personal use or resale.
This will thereby benefit the community by providing an opportunity for unique and locally made
products. Conditions have been placed on the alcoholic beverage control license which will
mitigate any potential impacts created by the use and ensure that the use will not negatively
affect the surrounding community,
The proposed ABC licenses for the small beer brewery and distillery at this location will not be
detrimental to persons residing or working in the vicinity because conditions have been placed
on the alcoholic beverage control licenses that will mitigate any potential negative or adverse
Impacts created by the use. In addition, the use is located within the Light Industrial (M -1) Zone,
consistent with other manufacturing uses.
The proposed use will not adversely affect the economic stability of the area, but will instead
allow businesses and individuals to purchase a unique and locally brewed craft beer and distilled
spirits such as whiskey, mainly for local and regional consumption. Moreover, the manufacturing
of specialty products allows the industrial base to remain economically viable and contributes to
the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that
may affect the economic viability of the site.
As conditioned, the proposed use will be in compliance with regulations and conditions that are
imposed on a manufacturing use that produces, allows tastings and sells beer and distilled spirits
pursuant to Chapter 41 of the Santa Ana Municipal Code.
The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element
encourages land uses that accommodate the City's needs for goods and services. A small beer
and distilled spirits manufacturer provides a specialty use for the Santa Ana community and its
location within the region and contributes to the economic success of the city as a manufacturing
destination. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital investment. The re- tenanting of the currently
vacant one -half of the industrial building and tenant improvements further supports this policy. The
project is also consistent with Policy 5.4 of the Land Use Element, supporting land uses which are
consistent with the Land Use Plan of the Land Use Element. As proposed, the project is consistent
with the Industrial (IND) land use designation.
Police Department Analysis
The Police Department reviews conditional use permit applications for the sale of alcoholic
beverages because there is a strong correlation between the availability of alcohol and crime.
Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic
31A-7
Conditional Use Permit No. 2014 -04
April 14, 2014
Page 6
collisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance -type
offenses. Without stringent controls to address the location of alcohol outlets, there is a strong
likelihood that an overconcentration will create blight and adversely impact the community. The
approval of a license in an area deemed over - concentrated and high in crime may affect the quality
of life and police resources in the area, and aggravate existing conditions.
Since the City's overconcentration standards do not apply to on -sale establishments, the Police
Department considers two factors when reviewing this type of application: crime rate and sensitive
land uses. It has been determined that 1409 East Warner, Units B and C are located in Reporting
District No. 208. This reporting district is 13% above the average reporting for all districts, which is
less than the 20% threshold established by the State for high crime. Conditions of approval are
included as required by the SAMC that are adequate to address any concerns for the Types 4, 6
and 23 ABC Licenses. The applicant has also indicated that although the Type 23 license grants
the same privileges as a Type 1 license (Large Beer Manufacturer), such as including food sales,
they are not pursuing an eating establishment on- site. Staff is recommending conditions of approval
that require an amendment to the CUP in the event food sales is proposed in the future. As a result,
the Police Department recommends approval of Conditional Use Permit No. 2014 -04 subject to
conditions of approval.
Public Notification
The project site is not located within the boundaries of a neighborhood association, with the closest
neighborhood approximately 1,500 feet to the west; the Delhi Neighborhood Association, As a
courtesy, staff contacted the neighborhood representative by telephone. The representative
expressed general concern with ABC licensed establishments such as markets but understood the
nature of this particular business. The project site was posted with a notice advertising this public
hearing, and a notice was published in the Orange County Reporter, and mailed notices were sent
to all property owners and tenants within 500 feet of the project site. At the time of this printing, no
correspondence, either written or electronic, had been received from any members of the public.
CEQA Compliance
In accordance with the California Environmental Quality Act the recommended action is exempt from
further review per Section 15061(b)(3), which is a general rule exemption where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment. The project will have no significant effect on traffic, noise, air quality or water quality.
Re- tenanting an existing industrial space with no building expansion would not result in any effect on
the environment. All public services and facilities are available at this location to allow the re -use of
the industrial space and the project area is not environmentally sensitive, therefore this exemption is
warranted for this project. Categorical Exemption Environmental Review No, 2014 -24 will be filed for
this project.
31A-8
Conditional Use Permit No. 2014 -04
April 14, 2014
Page 7
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning Commission
approve Conditional Use Permit. No. 2014 -04 as conditioned.
Ser otz, AICP
Principal Planner
SK:jm
skACUP14 -04 Cismontane Draw ry.032414.pc
Attachments:
Exhibit 1 — Vicinity Map
Exhibit 2 — Location Map
Exhibit 3 — Photograph
Exhibit 4 — Site Plan
Exhibit 5 — Floor Plan
Exhibit 6 — Elevation Plan
31A-9
R7
1 a Nn so-es M7
Rt • � �Ri .F
M7 _ M1
nLL
a
a M7 SD.Gfl 777 S M1
R7 R1 5 R1 k1 SD.697171
M7 \��
M'I
1.,
p
pe
Rl f M7
M1 M1
'RI R'f M1 Mj-
A
ROJECf
�SIm
M1
NMRI82 AV
R2
�*
R2
I�:... Mt M7 li ° ,\
T R2 r. it SD-8 M1 �.
._I
R2 II�7 riy
R2 iau� iu SD,l2 r� y x` M1
z - ml
SD G3 r
M7 M M1 M7
M7 �
SD-12
C5 mi
ii C.5 / y
I
mi M2 M7
p ml
p ml
90 -G�
Al MMALAGRCUMMLT CR CCMMTIOM¢9DBJ71AL RI -40M MI. LOrSNOLEPAMMY SMUENCE
.5 MMNOM0019WDN GC C{lMgdJmEMCHJ m MOE9MTY�OENCE
GSA ODMMEROAM)THMAIN M1 UGTINDUSRZAL RS MULTME0ENSWMUMPLE
D7 OM9MUN17YCOMMMAL M2 NPAVYINOUSTRAL FAMY RE OWCE
CI-MD WMIM.OMMMEMAUMUMMOISIRU MO MIUTAWOP0lAMONS m SIMRMNAM M9M
C2 MER4LOOMMMAL O O Si10E R=. RUlDMAL6ATE
m MTRALDJUNn P R'AR MONAL W mPCDEL uww
CSA C TRAL RJSNEv^ARIISRAAGE POD RAWWWYIMUNO DEVHOFMENE 9 SIOMPAN
N P.ANNMaIOMNGC8Y fM RANNM RMDWALMELOFMENT
G ARNRALCOMMERML m 91xK'# MMILYfMOWAL.
CUP 2014 -04
EVAN WEINBERG - CISMONTANE BREWING
1409 EASTWARNER AVENUE - - =500 FAT
71=1000 FS-7
P L A N _N _ I N G A N D U I L D I N G A G E N C Y
EXHIBIT 1
31A -10
CUP 2014 -04
t?R� :)
.,, EVAN WEINBERG - CISMONTANE BREWING
1409 EAST WARNER AVENUE
P A N N I N G A N D B U I L D I N G A G E N E Y
31A-1 1
I N D U S T R I L
J
J
Q
Q
W
H
S T R I A L
D
z
F
LA
w
}
�
Q
J
<
O
z
v
z
=
w
F
PROJECT
Q
SITE O
z
u
WARNER
--
AVENUE
�.
C O M M E R C I L
z
_ - --
I N D U S T R I A L
cc
/'
ii
i�
CUP 2014 -04
t?R� :)
.,, EVAN WEINBERG - CISMONTANE BREWING
1409 EAST WARNER AVENUE
P A N N I N G A N D B U I L D I N G A G E N E Y
31A-1 1
CUP 2014 -4
CISMONTANE BREWING
1409 EAST WARNER AVENUE
EXHIBIT 3
31A -12
f
..—
g xa
W @ M W
fiFr.
g
'Ii
i, i
pad€
—
I
a33
m 2 {$
U $ e P
Si
G x L 3
E
W
A
� Z
l
r
U
s
Rill
cn
Y5
c '� %ynn ug
ypyp
4.
gg� qg° s
U
4�
V.
o11
a ¢s
;TOO = I`� ❑.
1
2
�j
Im
°c "s
§ o; oxlxeva (31 lei
q Yit
tl
4
W
rz
0
U
d
d
a
#
� axneva N lei fig
W+xp
cn
Z
$m
YT
M
,�°
a.
a.
-ail
Ng
lJ
s m�
g 4
o
gill ow,
# F
a
--
w
O.
_31VT 4 _.__.
— —_
. ..... .. .... .
yll
all
all
If
I E
IN
Ef
all
01
t` s LLI
rn. ... . ...... ...........
ROH — 04/14/14
I: »Y.]1111lr Eel u►[W- 011511
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2014 -04 FOR TYPES 4, 6, AND 23
ALCOHOLIC BEVERAGE CONTROL LICENSES FOR THE
PROPERTY LOCATED AT 1409 EAST WARNER AVENUE,
SUITES C AND D
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of Conditional Use Permit No. 2014 -04 for
Types 4, 6, and 23 Alcoholic Beverage Control (ABC) licenses, which allows
the sale of beer, wine, and distilled spirits for off - premise consumption, for
the property located at 1409 East Warner Avenue, Suites C and D.
B. A Type 4 license is for a distilled spirits manufacturer. A Type 6 license is
for a still. Pursuant to California Business and Professions Code section
23363, any licensed manufacturer of distilled spirits may sell the distilled
spirits to any person holding a license authorizing the sale of distilled spirits.
Additionally, pursuant to California Business and Professions Code section
23363.1, a distilled spirits manufacturer's license authorizes the licensee to
conduct tastings of distilled spirits produced or bottled by or for the licensee
on or off the licensee's premises.
C. A Type 23 license is for a small beer manufacturer. Pursuant to California
Business and Professions Code section 23357, this license allows patrons
to purchase beer produced or bottled by the licensee for consumption on or
off site. Additionally, pursuant to California Business and Professions Code
section 23357.3, this license allows tasting of beer produced or bottled by
the licensee without charge either on or off the premises.
D. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit
for the sale of alcoholic beverages.
E. On April 14, 2014, the Planning Commission held a duly noticed public
hearing on Conditional Use Permit No. 2014 -04.
F. The Planning Commission determines that the following findings, which
must be established in order to grant this Conditional Use Permit pursuant to
Santa Ana Municipal Code Section 41 -638, have been established for
Resolution No. 2014 -11
31A -17 Page 1 of 6
Conditional Use Permit No. 2014 -04 to allow for Types 4, 6, and 23 ABC
licenses:
Will the proposed use provide a service or facility which will contribute
to the general well being of the neighborhood or the community?
The proposed alcoholic beverage licenses will provide a
service to both individuals and other businesses that wish to
purchase unique craft beer and distilled spirits for personal use
or resale. This will thereby benefit the community by providing
an opportunity for unique and locally made products.
Conditions have been placed on the alcoholic beverage
control license which will mitigate any potential impacts
created by the use and ensure that the use will not negatively
affect the surrounding community.
Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
The proposed licenses for the small beer brewery and distillery
at this location will not be detrimental to persons residing or
working in the vicinity because conditions have been placed
on the alcoholic beverage control licenses that will mitigate
any potential negative or adverse impacts created by the use.
In addition, the use is located within the Light Industrial (M -1)
Zone, consistent with other manufacturing uses.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The proposed use will not adversely affect the economic
stability of the area, but will instead allow businesses and
individuals to purchase a unique and locally brewed craft beer
and distilled spirits such as whiskey, mainly for local and
regional consumption. Moreover, the manufacturing of
specialty products allows the industrial base to remain
economically viable and contributes to the overall success of
Santa Ana, helping to decrease the number of vacant tenant
spaces that may affect the economic viability of the site.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
As conditioned, the proposed project will be in compliance
with all applicable regulations and conditions imposed on a
manufacturing use that produces, allows tastings and sells
Resolution No. 2014 -11
Page 2 of 6
31A -18
beer and distilled spirits pursuant to Chapter 41 of the Santa
Ana Municipal Code.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not adversely affect the General Plan.
Policy 2.2 of the Land Use Element encourages land uses that
accommodate the City's needs for goods and services. A
small beer and distilled spirits manufacturer provides a
specialty use for the Santa Ana community and its location
within the region and contributes to the economic success of
the city as a manufacturing destination. Policy 2.8 of the Land
Use Element promotes the rehabilitation of commercial
properties, and encourages increased levels of capital
investment. The re- tenanting of the currently vacant one -half
of the industrial building and tenant improvements further
supports this policy. The project is also consistent with Policy
5.4 of the Land Use Element, supporting land uses which are
consistent with the Land Use Plan of the Land Use Element.
As proposed, the project is consistent with the Industrial (IND)
land use designation.
G. In accordance with the California Environmental Quality Act the
recommended action is exempt from further review per Section
15061(b)(3), which is a general rule exemption where it can be seen with
certainty that there is no possibility that the activity in question may have a
significant effect on the environment. The project will have no significant
effect on traffic, noise, air quality or water quality. Re- tenanting an existing
industrial space with no building expansion would not result in any effect on
the environment. All public services and facilities are available at this
location to allow the re -use of the industrial space and the project area is
not environmentally sensitive, therefore this exemption is warranted for this
project. Categorical Exemption Environmental Review No. 2014 -24 will be
filed for this project.
Section 2. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby approves Conditional Use Permit No. 2014 -04 as conditioned in
Exhibit "A" attached hereto and incorporated herein. This decision is based upon the
evidence submitted at the abovesaid hearing, which includes, but is not limited to: the
Request for Planning Commission Action dated April 14, 2014, and exhibits attached
thereto; and the public testimony, all of which are incorporated herein by this reference.
Resolution No. 2014 -11
31A -19 Page 3 of 6
ADOPTED this 14th day of April 2014 by the following vote:
AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill,
Yrarrazaval (6)
NOES: Commissioners: None (0)
ABSENT: Commissioners: Nalle(1)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and
certify the attached Resolution No. 2014 -11 to be the original resolution adopted
by the Planning Commission of the City of Santa Ana on April 14, 2014
Date:
Secretary of the Planning Commission
City of Santa Ana
Resolution No. 2014 -11
Page 4 of 6
31A-20
Conditions for Conditional Use Permit No. 2014 -04
Conditional Use Permit No. 2014 -04 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code, and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip for to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. The approval of this Conditional Use Permit must not be construed as the approval
of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment and /or
dancing and this establishment must not operate as such.
2. The sales, service or consumption of alcoholic beverages directly to patrons can
only be permitted in the approved tasting areas.
3. There will be no gatherings or parties at this location other than guided tours of the
facility and /or special events permitted by SAMC Chapter 41- 195.5, Temporary
Outdoor Activities.
4. The sales, service, and consumption of alcoholic beverages shall be permitted
only between the hours of 12:00 p.m. and 9:00 p.m.
5. Anyone under the age of twenty -one (21) entering the tasting area must be
accompanied by a parent or guardian.
6. No other brand of beer may be sold at this location other than products
manufactured by the company.
7. There shall be no promotions encouraging on -site consumption of alcohol.
8. No amusement machines or video games shall be maintained on the premises at
any time.
9. It shall be the applicant's responsibility to ensure that no alcoholic beverages are
consumed on any property adjacent to the licensed premises under the control of
the applicant.
Exhibit A
Resolution No. 2014 -11
Page 5 of 6
31A-21
APRIL 14, 2014
PAGE 2OF2
10. Conditional Use Permit No. 2014 -04 allows a manufacturing use, along with
ancillary office, tasting and retail components. The restaurant privilege allowed
through Alcohol Beverage Control licenses cannot be utilized without modification
of this Conditional Use Permit.
11. The applicant(s) shall be responsible for maintaining free of litter the area adjacent
to the premises under the control of the licensee.
12. There shall be no public telephones located on the exterior of the premises. All
interior pay phones must be designed to allow outgoing calls only.
13. Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee(s) shall be removed or painted within 24 hours of being
applied.
14. Existing property and required parking must conform to the provisions of Chapter
8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security
Ordinance). These code conditions will require that the existing project lighting,
door /window locking devices and addressing be upgraded to current code
standards. Lighting standards cannot be located in required landscape planters.
Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this
condition must be complied with.
15. Install a silent armed robbery alarm.
16. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single
containers for off -site consumption, but must be sold in pre - packaged multi -unit
quantities.
17. This land use authorization is only applicable to a Type 4, 6 and 23 licenses. Any
other type of license use at this location will require a new land use clearance.
18. Prior to issuance of the certificate of occupancy, construct a trash enclosure to city
requirements as approved by the Planning and Building Agency.
19. Prior to issuance of a certificate of occupancy, install a total of eight 24 -inch box
trees within the front yard setback area, as approved by the Planning and Building
Agency.
Resolution No. 2014 -11
Page 6 of 6
31A-22
Item 31A
A blueprint is on file in the Office of the Clerk of the Council and is available
for public inspection during regular business hours, 8:00 a.m. — 5:00 p.m.,
Monday through Thursday.
31A-23
31A-24