RESOLUTION NO

Transcription

1 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTLAKE VILLAGE APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO RELATIVE TO AN INCREASE TO THE SIZE OF THE TASTING ROOM FOR AN APPROVED BREWERY, LOCATED AT VIA COLINAS, SUITES 907, AND 908 THE CITY COUNCIL OF THE CITY OF WESTLAKE VILLAGE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. An application has been filed by Marshall Haraden, requesting approval of a modification to a Conditional Use Permit (CUP No Modification) to increase the tasting room size of an approved brewery, located at Via Colinas, Suite 907. Section 2. The City Council finds that: a. Such request was filed on February 27, 2017, and was deemed complete on March 13, b. Notice of public hearing was given as required by Section of the Zoning Ordinance. c. A public hearing was held before the City Council on April 26, d. The proposed project is exempt from the requirements of the California Environmental Quality Act as a Class 1 (existing facilities) Categorical Exemption. Section 3. With regard to the proposed, sale of alcoholic beverages for on-site and off-site consumption, the City Council finds that: a. The expansion of a tasting room in conjunction with the sale of beer for on-site tasting and off-site consumption is conditionally permitted within, and complies with all the provisions of the Business Park (BP) Zone. b. The expansion of a tasting room in conjunction with the sale of beer for on-site tasting and off-site consumption, with the imposition of appropriate conditions as found in Exhibit A, would not impair the integrity and character of BP Zone in which it is to be located, since it is a common use associated with establishments in the area. Public Hearing 1 - Attachment 1

2 c. The subject site is a commercial center with a fully improved parking lot. The expansion of a tasting room in conjunction with the sale of beer for on-site tasting and off-site consumption is common in commercial centers similar to the subject site. d. The expansion of a tasting room in conjunction with the sale of beer for on-site tasting and off-site consumption would be compatible with existing and future land uses within the BP Zone and the general area in which the proposed use is to be located because such sale is a common use within commercial centers. e. The commercial center provides tenants with adequate provisions for water, sanitation, and public utilities and services to ensure that the expansion of a tasting room in conjunction with the sale of beer for on-site tasting and off-site consumption would not be detrimental to public health and safety. f. The site contains multiple points of ingress and egress on Via Colinas, providing adequate means of public access. g. The expansion of a tasting room in conjunction with the sale of beer for on-site tasting and off-site consumption is consistent with the objectives, policies, general land uses and programs of the Westlake Village General Plan, which support a wide range of commercial uses, including the retail sale of beer for both on-site and off-site consumption. h. The expansion of a tasting room in conjunction with the sale of beer for on-site tasting and off-site consumption would not be detrimental to the public interest, peace, health, safety, convenience or welfare, because the sale of alcoholic beverages is common and expected in commercial centers. i. Staff recommends approval of the Conditional Use Permit modification, authorizing the expansion of a tasting room in conjunction with the sale of beer for on-site tasting and off-site consumption located at Via Colinas, Suite 907 and 908, subject to the conditions set forth in Exhibit "A" attached hereto. j. The City Council has reviewed and concurs with the analysis and conclusions set forth in the staff report dated April 26, Section 4. Based on the aforementioned findings, the City Council hereby approves this modification to Conditional Use Permit No to authorize an increase of the tasting room size for an approved brewery located at Via Colinas, Suite 907 and 908, in accordance with the attached conditions marked Exhibit "A" Public Hearing 1 - Attachment 1 2 of 5

3 PASSED, APPROVED and ADOPTED this 26 th day of April, ATTEST: Brad Halpern, Mayor Beth A. Schott, City Clerk Public Hearing 1 - Attachment 1 3 of 5

4 EXHIBIT "A" CONDITIONS OF APPROVAL RESOLUTION NO CONDITIONAL USE PERMIT NO MODIFICATION 1. This approval authorizes the sale of beer for the on-site tasting and off-site consumption at the expanded tasting room, located at Via Colinas, Suites 907 and 908, as shown in the plans labeled Exhibit B. 2. This permit does not authorize the addition of live entertainment or dancing activity at the subject location. Subsequent requests to add live entertainment or dancing activity shall be subject to City Council approval of a modification to this Conditional Use Permit. 3. This permit shall not become effective for any purpose until the owner of the subject property or his/her duly authorized representative has filed with the office of the Planning Director an affidavit stating that he/she is aware of, and accepts all conditions of this approval. Such affidavit shall be recorded with the Los Angeles County Recorder. 4. It is hereby declared to be the City's intent that if any provision of this permit is held or determined to be invalid, this approval shall be void and the privileges granted hereunder shall lapse. 5. The subject facility shall comply with all requirements of the Municipal Code and of the specific zone in which it is located. 6. All improvements and operations at the subject premises shall comply with the requirements of all applicable public agencies, including but not limited to the Division of Building and Safety, Los Angeles County Fire and Sheriff Departments, and the California Department of Alcoholic Beverage Control. 7. The subject facility shall be continuously maintained in compliance with the requirements of the Los Angeles County Health Officer. Adequate water and sewer facilities shall be provided to the satisfaction of such Health Officer. 8. The sale of beer is only permitted in conjunction with an active commercial beer brewing operation. Should commercial brewing cease on the premises, the privileges granted by this permit shall lapse. 9. Should the City deem that parking at the site is being impacted by the subject facility s operation, Planning Department staff shall have the authority to administratively alter the allowable hours of operation, subject to the applicant s right to appeal staff s decision to the City Council Public Hearing 1 - Attachment 1 4 of 5

5 10. The owners of the subject facility, or a designated manager with sufficient authority to enforce all conditions of this permit, shall be present during all business hours. The premises, including the parking areas in the vicinity of the facility, shall be maintained in a neat and orderly fashion at all times, and shall be policed for the removal of debris and litter each night upon closing. 11. Hours of operation for on-site tasting and sale of beer for off-site consumption shall be limited to Thursdays and Fridays from 3:30pm to 10:00pm, and Saturdays and Sundays from 11:00am to 10:00pm. 12. Should it be determined necessary by the Planning Director, uniformed private security shall be provided for the tasting room or the nearby parking areas, at the applicant s expense. 13. All sales or consumption of alcohol shall be consistent with the requirements of the liquor license issued by the California Department of Alcoholic Beverage Control. 14. Violation of permit conditions, or impacts which are not adequately mitigated by these conditions, shall be grounds for the City Council s Land Use Committee and staff to refer the permit back to the City Council for permit modification or revocation, including but not limited to, adverse impacts on the center s parking. 15. The conditions of approval of this Resolution restate and/or amend the conditions of approval of Resolution No , and shall supersede the conditions of approval of Resolution No This permit shall expire on July 27, An Extension of Time may be requested at least 60 days prior to such expiration date as provided by the Westlake Municipal Code. In the event that this permit is not so extended by action of the City Council prior to the expiration date, all rights possessed by the applicant with regard to the sale of beer for on-site and off-site consumption shall be extinguished and such sale shall be discontinued. The applicant is also notified that the City is undertaking advanced planning activities for the general area which includes this facility, and that future decisions resulting from these planning activities may result in this use becoming non-conforming. The City Council is not obligated to extend this Conditional Use Permit. 17. Within five days of the effective date of this approval, the applicant shall remit to the City a cashier's check made payable to the County Clerk in the amount of $75 for the Notice of Exemption documentary handling fee Public Hearing 1 - Attachment 1 5 of 5

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