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PC14-179Resolution PC 14-179 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT NO. 2014-116 FOR A MICROBREWERY TASTING ROOM AND THE SALE OF BEER FOR OFF -PREMISE CONSUMPTION AT LOCATED AT 29683 NEW HUB DRIVE, SUITE A (APN: 336-380-017) Whereas, May 6, 2014, the applicant, Robert Carter, filed a formal application with the City of Menifee for a Conditional Use Permit proposing to establish a microbrewery tasting room with the sale of beer for off -premise consumption within an existing (approved pursuant to Plot Plan No. 19590) multi -tenant "warehousing and office' shell building located at 29683 New Hub Drive, Suite A (APN: 336-380-017; and, Whereas, on July 8, 2014, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Conditional Use Permit No. 2014-116, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and, Whereas, at the July 8, 2014 Planning Commission public hearing, the Commission found that: 1. Consistency with the General Plan. The conditional use permit is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The project site has a General Plan land use designation of Specific Plan (New Hub Specific Plan). The Specific Plan designates the site as Planning Area 4 ("Industrial") which refers back to Ordinance No. 348, Section 10.1 ("Industrial Park" [I-P]). As previously stated, the Specific Plan land use designation allows for warehousing, distribution and limited fabrication, including for food products (e.g., alcoholic beverages) (within an enclosed building). The production and distribution of the alcoholic beverages at this location is consistent with this land use designation and is allowed without the approval of a Plot Plan, because the County of Riverside already approved a Plot Plan for the "warehousing and office" shell building in which the brewery will be located. Additional uses (i.e., the tasting room and the sale of alcohol for off premise consumption) are incidental to the primary function of the business, which is to manufacture specialty beers as a microbrewery. The proposed project, therefore, is consistent with the site's land use designation and the Specific Plan. 2. Consistency with the Zoning Code. The project is consistent with Ordinance No. 348. The project site is zoned Specific Plan (New Hub Specific Plan), Planning Area 4 ("Industrial"). As stated above, the proposed project is consistent with the Specific Plan, Planning Area 4 designation, because the Specific Plan allows for warehousing, distribution, and limited fabrication of alcoholic beverages and the tasting room and sale of alcohol for off -premise consumption are incidental to the overall use of the project site as a brewery. Resolution No PC 14-179 Conditional Use Permit No. 2014-116 July 8, 2014 3. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The property to the north is zoned and designated New Hub Specific Plan (Planning Area 4, "Light Industrial"), which is the same zoning classification and land use designation as the project site. This property contains an existing USPS post office annex. To the south the property has the same zoning classification and land use designation. This property contains an industrial building with tenants that include the City of Menifee Maintenance Facility and Calvary Hills Church (meeting times on Sundays). To the east is vacant land zoned as New Hub Specific Plan (Planning Area 2, "Office"). To the west is the Paloma Wash which is zoned Watercourse, Watershed, and Conservation Areas (W-1) and designated Open Space — Recreation (OS-R). Beyond the Paloma Wash are residential uses. The radius map prepared for public hearing notification indicated that no public or private elementary school and no public or private park or playground is located within 500 feet of the subject site. The radius map indicated that one (1) church and/or facility where the sole purpose is the exercise of religion, Calvary Hills Church, is located approximately eighty (80) feet from the proposed microbrewery and the two uses' parking lots abut one another. Based on the design of the tasting room and beer manufacturing, which will be located within the enclosed building and oriented (with its tasting room entry doors) toward New Hub Drive, and based on the incidental nature of the tasting room and off -sale of beer, no significant conflicts between the church and the microbrewery uses are anticipated. The proposed use is not situated in such a manner that vehicle traffic from the facility would reasonably be believed to be a hazard to a school, church, park or playground. The proposed use is located in an approved multi -tenant shell industrial building and is separated and buffered from adjacent residential uses by landscaping screening and the Paloma Wash. Additionally, the entry/exit door of the proposed tasting room would be located approximately 350 feet from these existing residences' nearest property line. The site has been designed to consider the residential uses to the west. The front entrance is oriented toward New Hub Drive. The project will not interfere with the quiet enjoyment of the neighboring residential properties by their residents. As previously stated the proposed use is primarily engaged in the production and distribution of alcoholic beverages (microbrews) and will be offering beer tastings and selling beer (i.e., growlers) only in conjunction with these other production and distribution activities. The proposed use is intended to be a small-scale micro -brewery operation dedicated principally to the production of specialty beers. ABC does not require a finding of public necessity and convenience for such a use, because they require only a Small Beer Manufacturer (Brew Pub or Micro Brewery) license which according to the California Business and Professions Resolution No PC 14-179 Conditional Use Permit No. 2014-116 July 8, 2014 Code, does not consider contact with or impacts to adjacent uses as a part of the criteria for approving this type of license. While Ordinance No. 2009-50, "Off -site Sales of Alcohol" (amending Ordinance No. 348, Section 18.48) regulates the sale of alcohol in the City of Menifee, this Ordinance only applies to liquor stores, minimarts and service stations. The microbrewery tasting room is not one of these uses. The sale of these growlers for off -site consumption is intended to be a small, incidental part of the proposed microbrew production and tasting room activities. The applicant estimates that "to -go" revenues will comprise five percent (5%) or less of overall sales based on other breweries in the area. Impacts associated with the sale of alcohol for off -site consumption typically experienced at other locations where to -go sales comprise a larger portion of the overall revenue of the business, such as convenience store or liquor stores, are not anticipated to occur at this microbrewery as a result of the proposed sale of growlers. This is due, in a large part, to the small percentage of the overall sales. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties in the project vicinity. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The proposed project has been determined to be Categorically Exempt (Class I — Section 15301, "Existing Facilities") under the California Environmental Quality Act (CEQA) and CEQA Guidelines. The proposed project is to allow for a tasting room and add the sale of beer for off -premises consumption at a proposed microbrewery. The existing multi -tenant "warehousing and office" shell building in which the brewery would be located was approved by the County of Riverside under Plot Plan No. 19590. The proposed project will not require an expansion of the existing facility and will involve negligible expansion of the use beyond that existing and/or allowed under Plot Plan No. 19590 at the time of this hearing. Now, therefore, the Planning Commission of the City of Menifee resolves and orders as follows: Conditional Use Permit No. 2014-116, is approved subject to the Conditions of Approval as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on July 8, 2014. Resolution No PC 14-179 Conditional Use Permit No. 2014-116 July 8, 2014 PASSED, APPROVED AND ADOPTINd *IS 8`h DAY OF JULY 2014. Commission Chair ATTEST: nni er Allen, Deputy City Clerk Approved as to Julie Hayward Biggs; City Scott A. Mann Mayor Wallace W. Edgerton Deputy Mayor John V. Denver Councilmember Thomas Fuhrman Councilmember Greg August Counciimember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.6793843 w .cityofinenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC14-179 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 8th day of July, 2014 by the following vote: Ayes: Liesemeyer, Phillips, Matelko Noes: Sobek, Thomas Absent: None Abstain: None Je ifer Allen, Planning Commission Secretary