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