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HomeMy WebLinkAbout31BB - CUP - 1824 E CARNEGIE AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014-19 TO ALLOW A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR NETWORK BREWERY AT 1824 EAST CARNEGIE AVENUE - BRIAN ANDERSON, APPLICANT (STRATEGIC P AN NO. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ® As Recommended As Amended LI Ordinance on I" Reading L7 Ordinance on a Reading El Implementing Resolution El Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -19 as conditioned. PLANNING COMMISSION ACTION On September 22, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -19 as conditioned by a vote of 6:0 (Alderete absent) which approved a Type 23 Alcoholic Beverage Control license to allow a small beer manufacturer at Network Brewery at 1824 East Carnegie Avenue 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 Network Brewery intends to occupy 1,500 square feet of a 35,000 square foot building for the micro - brewery use with the remainder of the building occupied by industrial and office uses. The site is located at the southwest corner of Carnegie Avenue and Daimler Street. The approval of the CUP would allow a Type 23 Alcoholic Beverage Control (ABC) license for a small beer manufacturer with a 75 square foot tasting area. Full sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Coal No, 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 BB -1 Conditional Use Permit No. 2014 -19 October 21, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. V- k L Karen Haluza Interim Executive Director Planning & Building Agency AN:rb Ankwp811planoomm=UP14.19.Notm k.00 Exhibit: A. Planning Commission Staff Report 31 BB -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2014 TITLE: PUBLIC HEARING — FILED BY BRIAN ANDERSON FOR CONDITIONAL USE PERMIT NO. 2014-19 TO ALLOW A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR NETWORK BREWERY AT 1824 EAST CARNEGIE AVENUE {Strategic Plan No. 3, 2) Prepared by Ann Hsin -An Ni Interim Executiv erector RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting tannin Manager Adopt a resolution approving Conditional Use Permit No. 2014 -19 as conditioned. Request of Applicant Brian Anderson, representing Network Brewery, is requesting approval of a conditional use permit for a Type 23 Alcoholic Beverage Control (ABC) license for a small beer manufacturer at 1824 East Carnegie Avenue. Pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), establishments that sell alcoholic beverages require a conditional use permit. Project Location and Site Description The applicant proposes to operate the Network Brewery, a new micro - brewery, on a two -acre parcel of land. Network Brewery intends to occupy 1,500 square feet of a 35,000 square foot building for the micro - brewery use with the remainder of the building occupied by industrial and office uses. The site is located at the southwest corner of Carnegie Avenue and Daimler Street. A total of 61 parking spaces are provided in a surface parking lot. The site is surrounded by office and manufacturing uses to the east, west, north and south (Exhibits 1, 2 and 3). Protect Description Network Brewery is requesting approval of a Type 23 Alcoholic Beverage Control (ABC) license to allow a small beer manufacturer at this location. Network Brewery will occupy an existing 1,500 square foot tenant space that is located towards the end of the building. Physical improvements include the installation of brewery equipment, office space, a warehouse area and a 75 square foot tasting area. 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 five employees. The tasting area will be open on Friday from 4:00 p.m. to 9:00 p.m., Saturday from 2:00 p.m. to 9:00 p.m. and Sunday from 2:00 p.m. to 6 :00 p.m. (Exhibits 4 and 5). EXHIBIT A 4 Conditional Use Permit No. 2014 -19 September 22, 2014 Page 2 Proiect Backaround Network Brewery is a locally -owned and operated micro - brewery that specializes in hand crafted beer. This business will be the first micro - brewery business for the applicant. The applicant is proposing a tasting area that will allow interaction between the customers and staff. 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 area /retail area will be used for staging equipment as needed and general tastings. The square footage for the tasting area is 75 square feet which is five percent of the total square footage allowed by code. General Plan and Zoning Consistency The General Plan land use designation for the site is Industrial (IND). Industrial land -use districts are vital to the Citys economic health. These areas provide employment opportunities for local residents and generate municipal revenues for continued economic development. Santa Ana has been a desirable location for local and regional businesses to the county. The City's goal is to maintain the 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; is consistent with this General Plan land use designation. The parcel is located within the Light Industrial (M1) zoning district The proposed use of the land is a micro- brewery, a light manufacturing use. Along with the primary manufacturing operation, administrative office, retail and tasting will be part of the business. The M1 zoning district allows for limited office and retail that is ancillary to the primary use, making the proposed use consistent with the zoning designation. Project Analysis There are currently three businesses with a Type 23 ABC license in the city: The Good Beer Brewery located at 207 West Fourth Street, Dean Brothers Brewing Company located at 1006 East Hathaway Street and Cismontane Brewing located at 1409 East Warner Avenue, Suites B and C. The Good Beer Brewery was issued CUP No. 2013 -01 and will be opening soon. The Dean Brothers Brewing Company was established in 2007 and is in operation in an industrial section of the city. Cismontane Brewing was approved in April of 2014 by CUP No. 2014 -04 and recently obtained its building permits to begin construction. A Type 23 ABC license allows a small beer manufacturer or micro- brewery (less than 60,000 barrels per year) with both on and off- premise consumption of alcohol. A micro - brewery is a small brewery operation that typically is dedicated solely to the production of specialty or experimental beers, although some may have a restaurant or pub in conjunction with their manufacturing plant. The proposed Network Brewery is a 1,500 square foot micro- brewery with no restaurant planned as part of the Type 23 ABC license. Conditional Use Permit No. 2014 -19 September 22, 2014 Page 3 The license type requested allows 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 light manufacturing use with a small tasting and retail component consistent with the M1 zoning which allows ancillary product sales and service up to five percent of the total floor area. The tasting area will allow the consumption of alcoholic beverages limited to products made on the premises. Since the proposed project will be limited to no more than five percent of the floor area for product sales and consumption, it differs from bars that devotes the majority of their floor area to the sales and consumption of alcohol not manufactured on -site. Lastly, the hours of operation for the tasting are limited and do not extend into the late night hours as bars typically operate. There are two trash containers on -site within an existing trash enclosure to handle the trash generated from the existing manufacturing operation. Odors associated with the waste from the brewing process will be contained within the building. Venting for the brewing equipment will be designed to not affect adjacent businesses. The brewing equipment does not generate noise above the level allowed by the City's noise ordinance and there are no sensitive receptors within 500 feet of the micro- brewery: Conditional use permit requests are governed by Section 41 -838 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 which 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, MIMW Conditional Use Permit No. 2014 -19 September 22, 2014 Page 4 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. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcohol beverage license will provide a service to individuals and other businesses that wish to purchase unique craft beer for personal use or resale. This will thereby benefit the community by providing an opportunity for a unique and locally made product. Operational standards are attached to 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 license for a small beer manufacturer at this location will not be detrimental to persons residing or working in the vicinity because standards applicable to an ABC license will mitigate any potential negative or adverse impacts created by the use. In addition, the use is located within the Light Industrial (M -1) zoning district which is consistent with other light industrial and manufacturing uses in 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 for local and regional consumption. Moreover, the manufacturing of specialty crafted beer allows the industrial base to remain economically viable and contribute to the overall success of Santa Ana. Network Brewery will reoccupy a vacant industrial space, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. As conditioned, the proposed project will be in compliance with all applicable regulations and standards imposed on a manufacturing use that produces beer, allows tastings and sells beer pursuant to Chapter 41 of the Santa Ana Municipal Code. Additionally, the brewery will utilize five percent of the gross floor area for tasting, product sales and display, which meets the maximum threshold established by the 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 manufacturer provides a specialty use for the Santa Ana community and strengthens the economic vitality of the Light Industrial (M1) zoning district along Carnegie Avenue. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed micro- brewery will be located entirely within an enclosed building and its operations as a light manufacturing use will be compatible with the surrounding mix of industrial uses. RWEW Conditional Use Permit No. 2014 -19 September 22, 2014 Page 5 Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professional Code Section 23948.4(c)(2), which are also utilized by the State Department of Alcoholic Beverage Control (ABC). This Section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standards used by State ABC and Business and Professional Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 1824 Carnegie Avenue is located in Reporting District No. 249, which does not exceed the 20 percent threshold established by the State for high crime based on standards established under the Business and Professions Code Section 23958.4. As a result, the standards included as required by the SAMC will be adequate to address any concerns for the Type 23 ABC license (Exhibit 6). The applicant has also indicated that they are not pursuing an eating establishment or pub component at this time. Due to the unique use, staff is recommending conditions of approval for the project. Based on the average crime rate, the Police Department recommends approval of the CUP subject to the conditions of approval. Public Notification The project site is not located within any Neighborhood Association but is approximately one mile east of the Delhi Neighborhood Association. Staff contacted the president of the association, who identified no concerns with the project. Additionally, the project site was posted with a notice advertising this public hearing, 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. 31 BB -7 Conditional Use Permit No. 2014 -19 September 22, 2014 Page 6 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow a small beer manufacturer within an existing industrial building. Categorical Exemption Environmental Review No. 2014 -52 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional else Permit No. 2014 -19 as conditioned. Ann Ni Associate Planner AN.jm Andwp511pianmmmZCUP14- 19.Network.pc Attachments; Exhibit 1— Vicinity Map Exhibit 2 -- Land Use Map Exhibit 3— Site Photo Exhibit 4— Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for Off -Sale Establishments Z >4 Ld Ld Ml \ n y PM1 ,JEC�'SfIE� Ml j M1 y� w C5 PAT ,ti. i Mt p ovrnpa. i M1 � S0h4/ w h P M7 @ r Mt P � yh° P CILy aF Tu s[Io P Al MN LAGROJLIURALI OR CCMMSUALIa;90BdilAL RI 9NGLEFAMILYFE9DENIAL -B MWNGMOOIRCAIION OG GOVEMMEtlTMUR R2 MUFAMILY"DEdCE GSA OOMM9SIALE TH MAIN Ml UCNTINDMNAL la MUMEDENSTYMULTIRE CI OOMMUNITYNMMEMAL M2 NEAWINDUSfRAL FAMILYFM094M GlQD OCMM. OOMMEMAUMMUMOMMF MO MIMAWOPEFATON5 RA SSUFMNAMRRAUM C2 GENE LODMMEYUAL 0 OPEN 9ACE FE FMOEllA=AIE C3 CENTRALEUSNE4S P RTOFE'SIONAL SO SiMCDEVEADW@IT C A O2flMLEU9NE ARI9MLLAGE RA P.ANNEi COMMUNIWMRDONFNT m SkMROPLAN Cb RANNFD91QcFANGMIFR FW PLANNED FMD94 rAL DMOPMENT 05 ARTERALOWMEVAL CUP 2014 -19 NETWORK BREWERY s 1 824 EAST CARNEGIE AVENUE - 500 FEET 1" =1090 FEE! _ P L A N N I N G A N D B D f L D i N G A G E N G Y EXHIBIT 1 VICINITY MAP 31 BB -9 CUP 2014 -19 NETWORK BREWERY 1824 EAST CARNEGIE AVENUE sy P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 BB -10 '�. �; K Y ���� ),z �', ��, '; 1 �' �� �� �' �1 G ': I� i -'. 5 e. { E:l NyalIS _,__ ! \� \j � « \ 9H MM { %{ w EXHIBIT 21BB.12 NVId 1N3AdinO3 'R NVId 2100I4 03SOdOUd < 31 BB -13 zN raj z zo V) L, 0 Z e se)(-)oee@ae�7) EXHIBIT 6 31 BB -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for off -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee, 2 The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin - operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty -four (24) hours of being applied, 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602, on the exterior of the premises. 8. it shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. M The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age /checking identification of patrons; calling the police regarding observed or reported criminal activity. EXHIBIT 6 1 of 3 31 BB -14 11. If there is a marked or noticeable increase in the number of police- related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state - licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre - packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m, and 12:00 /midnight each day of the week unless otherwise modified by the granting of an after -hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chapter 8, Article ll, 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. 16. Cash register must be visible from the street at all times and shall not be obstructed at anytime by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty -five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed - access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 2of3 31 BB -15 22. No person under the age of twenty -one (21) shall sell or deliver alcoholic beverages. 23. Provide a closed circuit television system approved by the police department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 3of3 31 BB -16 ROH — 09/22/14 RESOLUTION NO. 2014 -34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -19 FOR A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1824 EAST CARNEGIE AVENUE 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 -19 for a Type 23 Alcoholic Beverage Control (ABC) license, which allows a small beer manufacturer, for the property located at 1824 East Carnegie Avenue. B. 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. C. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages. D. On September 22, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -19. E. 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 Conditional Use Permit No. 2014 -19 to allow for a Type 23 ABC license: 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 alcohol beverage license will provide a service to individual and other businesses that wish to purchase unique craft beer for personal use or resale. This will thereby benefit the community by providing an opportunity for unique and locally made product. Conditions have been placed on the alcoholic beverage control license which will mitigate any Resolution No. 2014 -34 Page 1 of 6 31 BB -17 potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. 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 license for a small beer manufacturer 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 license 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) zoning district which is consistent with other light industrial and manufacturing uses in the area. 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 for local and regional consumption. Moreover, the manufacturing of specialty crafted beer allows the industrial base to remain economically viable and contribute to the overall success of Santa Ana. Network Brewery will reoccupy a vacant industrial building, thereby reducing the vacancy rate of the area and identifying the area as a stable location for economic investment. 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 beer, allows tastings and sell beer pursuant to Chapter 41 of the Santa Ana Municipal Code. Additionally, the restaurant will utilize five percent of the gross floor area for tasting, product sales and display, which meets the maximum threshold established by the 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 Resolution No. 2014 -34 Page 2 of 6 31 BB -18 small beer manufacturer provides a specialty use for the Santa Ana community and strengthens the economic vitality of Light Industrial (M1) zoning district along Carnegie Avenue. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed micro - brewery will be located entirely within an enclosed building and its operations as a light manufacturing use will be compatible with the surrounding mix of industrial uses. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow a small beer manufacturer within an existing industrial building. Categorical Exemption Environmental Review No. 2014 -52 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 -19 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 September 22, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2014 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete(1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman Resolution No. 2014 -34 Page 3 of 6 31 BB -19 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2014 -34 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2014. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2014 -34 Page 4 of 6 31 BB -20 Conditions for Conditional Use Permit No. 2014 -19 Conditional Use Permit No. 2014 -19 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 or 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 -34 Page 1 of 2 Page 5 of 6 31 BB -21 10. Conditional Use Permit No. 2014 -19 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 23 licenses. Any other type of license use at this location will require a new land use clearance. Exhibit A Resolution No. 2014 -34 Page 2 of 2 Page 6 of 6 31 BB -22