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HomeMy WebLinkAboutRES PC 2010 556 2010 0928 RESOLUTION NO. PC-2010-556 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010-06 A REQUEST TO ALLOW AN APPROXIMATELY 1,400 SQUARE FOOT MICROBREWERY AT 680 FLINN AVENUE NO. 31, ON THE APPLICATION OF CHRISTOPHER R. ENEGREN (ENEGREN BREWING CO.) WHEREAS, at a duly noticed public hearing on September 28, 2010 the Planning Commission considered Conditional Use Permit (CUP) No. 2010-06 on the application of Christopher R. Enegren (Enegren Brewing Co.) for a request to allow an approximately 1,400 square foot microbrewery within an existing tenant space in an industrial building at 680 Flinn Avenue No. 31 for craft beer to be manufactured on-site for sale to local restaurants and consumers, with a retail tasting counter; and WHEREAS, at its meeting of September 28, 2010, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that breweries are conditionally permitted within the zone, and conditions of approval have been proposed to mitigate potential problems; B. The proposed use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that the use does not conflict with those uses within the surrounding business park; Resolution No. PC-2010-556 Page 2 C. The proposed use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the exterior of the building as a result of the application; D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been proposed to regarding parking, noise, and hours of operation; E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this microbrewery is compatible with the surrounding light industrial uses due to conditions that have been imposed limiting hours of operation and alcohol service. SECTION 2. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES: A. The use will not result in an over-concentration in the area of establishments selling alcoholic beverages. The proposal is unique in that it is primarily a production and wholesale facility. Beer tasting is an ancillary use. There are no similar uses within the existing office/industrial park. B. The use will serve a public convenience in that the sale of beer, from this location allows restaurants and the public a local choice for craft beer. C. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer for on-site and off-site consumption. D. The requested use at the proposed location will not adversely affect the economic welfare of the community in that locally produced craft beer is not currently produced in Moorpark. E. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2010-06 subject to the Conditions of Approval found in Exhibit A attached. Resolution No. PC-2010-556 Page 3 SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco, Groff, Taillon, Vice Chair Landis, and Chair Hamous NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 28th day of September, 2010. S :ruce Hamous, Chair 7-7/ / David A. Bobardt Community Development Director Exhibit A—Conditions of Approval Resolution No. PC-2010-556 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2010-06 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. This conditional use permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. Outdoor service and/or sales of alcoholic beverages are not permitted. Signs must be posted at the building exits indicating that customers may not leave the building with open containers of alcoholic beverages. 3. On site sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and 10:00 p.m. 4. This premise is not licensed by ABC to operate as a bar, restaurant, or a nightclub and must be maintained as a microbrewery, for production and tasting only, with a Type 23 ABC license. 5. No more than four tastings are permitted to be served to any individual within any two hour period. -End-