Loading...
HomeMy WebLinkAboutRESO 2016-10_802 E Washington Ave (Blinking Owl Distillery)LS 3.28.16 RESOLUTION NO. 2016-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-04 AS CONDITIONED TO ALLOW A TYPE 74 ALCOHOL BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 802 EAST WASHINGTON 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. 2016-04 to allow a Type 74 Alcoholic Beverage Control (ABC) license at the property located at 802 East Washington Avenue. B. Santa Ana Municipal Code Section 41-196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off -premise consumption. C. On March 28, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-04. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established for Conditional Use Permit No. 2016-04 to allow a Type 74 ABC license: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed Type 74 ABC license will provide an ancillary service to the manufacturing facility by allowing the facility to offer tours, limited tastings, and limited sales to consumers. This will thereby benefit the community by providing a unique manufacturing operation with an additional and complementary public service. Standards and conditions are applicable 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. Resolution No. 2016-10 Page 1 of 7 2. 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. The proposed Type 74 ABC license will not be detrimental to persons residing or working in the vicinity because conditions of approval to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a manufacturing use and the addition of alcohol sales and tastings to the public will be ancillary to the main use as a craft distillery. In addition, the use will occur within the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol at the facility is intended to be incidental to the primary use as a manufacturing operation. 3. That the proposed use will not 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 the manufacturing facility to compete with other nearby craft distilleries in Orange County that also offer tours, limited tastings, and limited sales to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow the operator to remain economically viable and contributes to the overall success of the Transit Zoning Code area, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and conditions imposed on a manufacturing facility selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a manufacturing operation, having all necessary equipment to operate primarily as a craft distillery, and producing spirits as a manufacturing operation with ancillary alcohol service that is open to the public. 5. 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. Resolution No. 2016-10 Page 2 of 7 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of unique manufacturing facilities, including a craft distillery, meets the City's needs for goods and services for residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The operator's tenancy contributes to the maintenance and viability of the repurposed industrial building in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval for the proposed Type 74 ABC license will maintain a safe and attractive environment in the neighborhood. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a mixed industrial, commercial, and residential area and its operations will be compatible with the surrounding industrial and commercial businesses and will minimize impacts to residential properties in the vicinity. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects 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 proposes to allow onsite tours, limited tastings, and limited direct sales to consumers within an existing manufacturing operation. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-04 as conditioned in Exhibit "A" attached hereto and incorporated herein for the project located at 802 East Washington Avenue. This decision is based upon the evidence submitted at the Resolution No. 2016-10 Page 3 of 7 abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 28, 2016, and exhibits attached thereto; the Request for Planning Commission Action dated March 28, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 28th day of March, 2016. AYES: Commissioners: Alderete, Bacerra, Bauer, McLoughlin, Mill, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Gartner (1) ABSTENTIONS: Commissioners: None (0) a es 4Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: � -- Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-10 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 28, 2016. Date: vX f N/10 Acting Recording Secretary City of Santa Ana Resolution No. 2016-10 Page 4 of 7 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2016-04 Conditional Use Permit No. 2016-04 for a Type 74 Alcoholic Beverage Control license 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 belowrip 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 operator of the establishment shall submit to the Planning Division three (3) copies of a program/schedule one month before any special event at the premises for review by the Planning Division, Police Department, and Public Works Agency. Special events shall include, but not be limited to, a grand opening event, promotional events, weddings, ceremonies, celebrations, anniversaries, and similar occurrences that create the possibility of generating noise and parking impacts to the surrounding community beyond the normal impacts of the day-to-day operations at the manufacturing facility. The program/schedule must contain details on proposed or scheduled events, including the type of event, relevant groups/organizations, dates, hours and duration, expected attendance, and any other pertinent information. 2. The operator of the establishment shall provide a valet service and/or transportation service to all patrons attending special events to and from the Santa Ana Regional Transportation Center (SARTC) as first option unless staff sees the need to use another location. If providing a valet or transportation service, it shall be the operator's responsibility to obtain all necessary approvals by City agencies prior to offering such service. If providing a valet or transportation service, it shall be the operator's responsibility to obtain all necessary approvals by City agencies prior to offering such service. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after-hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. 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, with the exception of any enclosed patio areas. Resolution No. 2016-10 Page 5 of 7 5. The applicant or an employee of the licensee must be present to monitor all areas of the facility during all times that alcoholic beverages are being served or consumed. 6. Queuing lines shall be managed in an orderly manner and all disruptive and/or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 7. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. If located on public property those barriers must be approved by the Public Works Agency. 8. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. 9. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 10.There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free", "two for the price of one", or "all you can drink for..." or similar language. 11. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is prohibited or shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ("SAMC") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 12. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. 13. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. Resolution No. 2016-10 Page 6 of 7 15. 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. 16. 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. 17. The facility 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. 18. A timed -access cash controller or drop safe must be installed. 19. Install a silent armed robbery alarm. 20. 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; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity and the management of queuing lines. 21. Staff shall review the operational impacts of the facility on the community after one (1) year and prepare a memo to the Planning Commission with any issues to report. Resolution No. 2016-10 Page 7 of 7