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HomeMy WebLinkAboutCC RESO 2017-7RESOLUTION NO. 2017 — 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CRAFT BEER TASTING ROOM (EMBARCADERO BREWING) TO BE LOCATED AT 340 WEST 26TH STREET, SUITE D WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a craft beer tasting room to be located at 340 West 26th Street at a duly advertised public hearing held on December 6, 2016, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2016-21 CUP, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on December 6, 2016, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the Land Use Code specifies alcohol sales as a conditionally -allowed use in the Light Industrial (IL) zone, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A retail beer tasting room is a use that is consistent with the IL zone, which allows retail uses. In addition, there are no Specific Plans in this area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be within an existing retail suite in an existing commercial/industrial building, located in an existing business park, and because access to and from the site is provided by Hoover Avenue, a collector street operating at a passing Level of Service (LOS) of C and below capacity; the project is not expected to result in an increase in Average Daily Trips (ADT) such that the LOS would be affected. Resolution No. 2017 — 7 January 17, 2017 Page Two 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the sale and consumption of beer would be approximately half of overall business sales. In addition, micro -scale breweries such as what is proposed are different in that the beer is of higher quality and is generally more expensive. For these reasons, the clientele tends to be Tess interested in overconsumption and more interested in quality, which results in less negative impacts than a bar or similar. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and use of the building would be the same as non -conditionally allowed uses (commercial and retail enterprises). 7 That the proposed use is deemed essential and desirable to the public convenience or necessity, because the alcohol sales will contribute to the viability of an existing brewing supply business, an allowed use in the IL zone. The tasting room, as part of the retail business, would be a draw for area and non -area residents alike. The tasting room would also help to activate the area and to contribute to the regional craft beer industry. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a beer tasting room at 341 West 26th Street, including sales of sealed containers (commonly known as growlers) for off -site consumption (per ABC Type 23 license regulations). Only beer produced by the master licensee under a Type 23 (small beer manufacturer) license may be sold and/or consumed at this location. The serving and consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit "A", Case File No. 2016-21 CUP, dated August 16, 2016. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. Resolution No. 2017 — 7 January 17, 2017 Page Three 3. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 4. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or designee prior to recordation. Planning 6. Alcohol sales shall be limited to the hours of 11 a.m. to 9 p.m. Monday to Saturday. 7. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 8. The consumption of alcoholic beverages is prohibited outside of the building. The permittee shall post signs, to be approved by the Planning Department, at the entrances and exits to the building prohibiting consumption of alcohol beyond those points. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No consumption of alcohol is allowed beyond this point." b. "No open alcoholic beverage containers a re allowed beyond this point." 9. All activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. 10. All activities involving the sale of food from a food truck or similar apparatus shall be consistent with Chapter 9.06 (Food Vending Vehicles) of the National City Municipal Code. Resolution No. 2017 — 7 January 17, 2017 Page Four 11. The proposed alcohol sales, service, and consumption shall abide by all applicable rules and regulations as stated by the California Department of Alcoholic Beverage Control (ABC). In the case that any of these conditions violate any laws, rules, or regulations administered by ABC, the laws, rules, or regulations shall govern. Police 12. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. Fire 13. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 14. Fire alarm and fire sprinkler systems shall be evaluated and installed for the intended use per code. An automatic sprinkler system may be required if an A-2 occupancy load exceeds 100 or more. 15. Permittee shall contact the National City Fire Department for information on a liquid carbon dioxide alarm system, which may be required for this business. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17th day of January, 2 n Mornson, Mayor ATTEST: Michael R. Dalla, CitClerk APPROVED AS TO FORM: George H. 'iser, Ill Interim City Attorney Passed and adopted by the Council of the City of National City, California, on January 17, 2017 by the following vote, to -wit: Ayes: Councilmembers Cana, Mendivil, Morrison, Rios. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City C erk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-7 of the City of National City, California, passed and adopted by the Council of said City on January 17, 2017. City Clerk of the City of National City, California By: Deputy