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HomeMy WebLinkAbout7840RESOLUTION NO 7840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING CONDITIONAL USE PERMIT NO 1100, FOR TWO (2) TYPE 21 (OFF -SALE GENERAL) ALCOHOL LICENSES, AND UP TO SEVEN (7) TYPE 41 (ON -SALE BEER & WINE - EATING PLACE) OR TYPE 47 (ON -SALE GENERAL - EATING PLACE) ALCOHOL LICENSES, IN CONJUNCTION WITH OPERATION OF THE REDLANDS FOOD HALL THE SUBJECT PROPERTY IS THE HISTORIC MUTUAL ORANGE COMPANY PACKING PLANT LOCATED AT 330 NORTH THIRD STREET WHEREAS, Redlands Food Hail, LLC, has submitted applications for Conditional Use Permit No 1100, ComiTussion Review and Approval No 895, Historic Resource Designation No 132, and Certificate of Appropnateness No 559 (collectively referred to herein as "Project Entitlements") to rehabilitate and adaptively reuse the historic Mutual Orange Company Packing Plant located at 330 North Third Street (APNs 0169-028-47-0000, 0169-028-48-0000, 0169-028-49-0000, 0169-028- 50-0000), and WHEREAS, on March 5, 2018, the Environmental Review Coininittee held a public hearing and recommended exemption from environmental review and approval of the Socio -Economic Cost/Benefit Study, and WHEREAS, on April 10, 2018, the Planning Commission held a public hearing for Conditional Use Permit No 1100 and considered the staff report, oral report, the testimony, and the written evidence submitted by and on behalf of the applicant, and by members of the public, and WHEREAS, on April 10, 2018, the Planning Commission adopted a Resolution recommending approval of Conditional Use Permit No 1100, and WHEREAS on April 20, 2018, notice of this City Council's public hearing for Conditional Use Permit No 1100 was published in the Redlands Daily Facts by the City Clerk, and WHEREAS, on May 1, 2018, the City Council held a public hearing and considered the staff written and oral reports, the recommendation of the Planning Cor nirassion, the testimony and written evidence submitted by and on behalf of the applicant, and testimony by members of the public, and WHEREAS, following the public hearing on the application for Conditional Use Permit No 1100, at which this City Council provided opportunity for public testimony, the City Council determined that approval of the Conditional Use Per rnt is in the best interests of the public health, safety and general welfare, and WHEREAS, the Cahforma Environmental Quality Act (Public Resources Code, §21000 et seq ) pursuant to State CEQA Guidelines (Title 15, Cal Code Regs , § 15000 et seq ) Section 15331 (Historic Resource Restoration/Rehabilitation) and Section 15332 (In -Fill Development Projects) exempts certain projects from environmental review, and the proposed project meets all criteria for these exemptions, and I \ResolutionslRes 7800 7894/7840 -CUP 1100.doc WHEREAS, Busiriess & Professions Code Sections 23958 and 23958 4 allow the local governing body to make a Determination of Public Convenience or Necessity if the general public would be served by the issuance of alcoholic beverage control licenses in an area of undue concentration, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS SECTION 1 CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council hereby determines that approval of Conditional Use Permit No 1100 and the related Project Entitlements is exempt from environimental review under the California Enviroiuuental Quality Act (Public Resources Code, §21000 et seq ) pursuant to State CEQA Guidelines (Title 15, Cal Code Regs , §15000 et seq ) Section 15331 and Section 15332 SECTION 2 SOCIO-ECONOMIC COST/BENEFIT STUDY The City Council hereby adopts the Socio -Economic Cost/Benefit Study that has been prepared for the project SECTION 3 FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT NO 1100 Conditional Use Permit No 1100 is hereby approved, subject to the Conditions of Approval included as Exhibit "A" to this Resolution, and based upon the following findings 1 That the paoposed development will not adversely affect the applicable land use plans of the city The proposed project will not adversely affect applicable land use plans The project will implement several policies in the new 2035 General Plan, including Action 4 A-121 ("Encourage a centrally -located niix of uses to promote activity and economic vitality"), Action 4 A-122 ("Maintain a distinctive character that builds on Downtown's imany Historic features and its citrus heritage"), and Action 4 A-123 ("Promote the reuse of citrus packing houses, historic warehouses, and other historic commercial buildings to create a destination for residents and tourists") The operation of restaurants, food retail stores, alcoholic beverage outlets, and similar uses are permitted in the Town Center - Historic (TC -H) district of the Downtown Specific Plan as well as other coixiimercial areas of the City The project will comply with all applicable development standards of the Town Center - Historic (TC -H) district (e g, height, Floor Area Ratio, setbacks, and landscape), to the extent practicable considering that the property was developed prior to the City adopting any zoning regulations 2 That the pi oposed development wall not be deti amental to the public Health, safety and welfare The project has been conditioned to comply with the Downtown Specific Plan and the Redlands Municipal Code The proposed Type 21 licenses, and Type 41 or 47 licenses, require the approval of a Conditional Use Permit which allows for appropriate conditions I 1Resolutions\Res 7900 7899/7840 CUP 1 100 doc 2 of approval to be attached to these types of alcohol sales licenses The activities associated with the proposed use will be conducted witlun the confines of the existing building, new exterior boardwalk, and outdoor patio The conditions included in the Resolution are adequate to protect the public health, safety and general welfare Furthermore, the applicant will be required to obtain a permit and comply with the requirements of the California Department of Alcoholic Beverage Control 3 That the proposed development i1,711 comply to the maaimum extentfeasible with the i egulations of the city's general plan, the applicable zoning distract and the city's dei,elopment standards The proposed operation of restaurants and food retail stores (permitted uses), and alcoholic beverage outlets (with CUP approval), are allowable in the Town Center - Historic (TC -H) district of the Downtown Specific Plan The project will comply with all operating regulations applicable to alcoholic beverage sales establishments as contained on Redlands Municipal Code Chapter 18 190 4 That the proposed development is appy opt tate at the pr oposed location The subject site is currently developed with the historic Mutual Orange Company packing house, and the new 2035 General Plan identifies the property as a candidate for adaptive reuse to ensure the longevity of the resource and to create a destination for residents and tourists This particular property is also positioned at a key location in the heart of the downtown business district, between the Santa Fe Depot to the north (future Arrow light rail stop and fixture Metrolink platform nearby), movie theatre and Packing House District Shopping Center to the west, restaurants and shops along Orange Street to the east, and future mall redevelopment to the south Rehabilitation and adaptive reuse of the subject property will stimulate the rejuvenation and redevelopment of a presently quiet block in the heart of the downtown SECTION 4 FINDINGS FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS Conditional Use Permit No 1100 for up to two (2) Type 21 licenses, and up to seven (7) Type 41 or Type 47 licenses, for a total ofup to rime (9) ABC licenses of the types specified is hereby approved, subject to the Conditions of Approval included as Exhibit "A" to flus Resolution, and based upon the following findings I The establishment is located in a zoning duty ict in which the establishment is a conditionally pea initted use The operation of restaurants (with and without alcohol sales) and food retail stores (with and without alcohol sales) are permitted in the Town Center - Historic (TC -H) district of the Downtown Specific Plan The proposed two Type 21 (Off Sale General), and up to seven of Type 41 (On -Sale Beer & Wine — Eating Place) or Type 47 (On -Sale General — Eating Place) licenses require the approval of a Conditional Use Permit, which allows for appropriate conditions of approval to be attached to these types of licenses I IResulutionslRes 7800 7899/7840 CUP 1100 doc 2 That the operations of the establishment do not cause of i esult an advei se effects to the health, welfai e, peace of safety of persons visiting, residing, working, or conducting business in the surrounding ai ea The operations of the establishment will not cause or result in adverse effects to the health, welfare, peace or safety of persons visiting, residing, working, or conducting business in the surrounding area The project is required to comply with the Downtown Specific Plan and the Redlands Municipal Code The activities associated with the proposed alcohol consumption will be conducted within the confines of the building, the exterior boardwalk (subject to the property owner's control), and the outdoor patio (subject to the property owner's control) The hours for alcoholic beverage service and on-site consumption will be from 8 00 AM to 2 00 AM daily Conditions have been placed on the project to promote a secure environment, minimize the potential for alcohol-related disturbances in the vicinity, and limit the potential for excessive noise With the implementation of operating standards contained on Redlands Municipal Code Chapter 18 190 and conditions of approval, the project will not have a detrunental effect on surrounding properties Furthermore, the businesses selling alcohol will be required to comply with the requirements of the Cahforrua Department of Alcoholic Beverage Control 3 That the establishment does notjeopardize of endanger the public health or safety of Pei soils visiting, i esiding, war king or conducting business in the sure ounding area The establislument will not jeopardize or endanger the public health or safety of persons visiting, residing, working or conducting business in the surrounding area As previously noted the project has been conditioned to comply with the Downtown Specific Plan and the Redlands Municipal Code The activities associated with the proposed alcohol consumption will be conducted within the confines of the building, the exterior boardwalk (subject to the property owner's control), and the outdoor patio (subject to the property owner's control) The Redlands Police Department has also provided conditions of approval to better protect the health and safety of persons visiting, residing, working or conducting business in the surrounding area 4 A finding of 'pubhc convenience and necessity" (Business and Pr ofessions Code Section 23958 4(b) (2)), if the activity mill be located in an ai ea that has been deter maned by the ABC to have an undue concepti ation of licenses as defined in Business and Professions Code Section 23958 4(a) The subject property is located within Census Tract 81 According to the California Department of Alcoholic Beverage Control (ABC), two Off -Sale licenses and two On -Sale licenses are allowed in Censes Tract 81 Presently the numbers of existing licenses exceed both the guidelines of two On -Sale and two Off -Sale licenses, making this Census Tract an area of undue concentration Sections 23958 and 23958 4 of the Business & Professions Code require ABC to deny applications for licenses in an area of undue concentration unless the local governing body detenniines that the "Public Convenience or Necessity" would be i 1Resolutcons\Res 7800-789917840 CUP 1100 doc 4 served by the issuance of the requested license ABC does not publish standards by which to make a findnlg of Public Convenience or Necessity, and the Business & Professions Code leaves that discretion to the local jurisdiction In tlis case, the local governing body makes the determination for the Type 21 (Off -Sale General) licenses, ABC will make the deterixnnation for the Type 41 (On -Sale Beer & Wine — Eating Place) and Type 47 (On -Sale General — Eating Place) licenses Redlands Municipal Code Section 18 190 080(D) grants the discretion to the Planning Coirnnission (or City Council, in this case) For the proposed food hall and restaurant businesses, the finding of Public Convenience or Necessity can be made for the following reasons a) The sale of beer, wine, and spirits is ancillary to the primary uses with multiple restaurants and food retail stores within the existing building The types of unique specialty restaurants and specialty food stores in flus facility would be expected to offer beer, wine, and spirits along with the menu items The 2035 General Plan envisions a lively downtown commercial district with restaurant and entertaim-nent uses, including the adaptive reuse of former citrus packing plants as specified nr Action 4 A-123 ("Promote the reuse of citrus packing houses, historic warehouses, and other historic commercial buildings to create a destination for residents and tourists") b) The proposed sale of beer, wine, and spirits is an important component of an upscale specialty food hall proposed at flus location, as well as a desirable and unique use in the downtown core commercial area C) The proposed sale of beer, wine, and spirits would be related to multiple restaurant uses within the proposed food hall, dining on the outdoor patio and boardwalk (areas under the control of the property owner and tenants), and the downtown area is designed to be walkable and pedestrian -friendly while being within moderate walking distance to existing neighborhoods as well as future higher -density residential uses The sale of beer, wine, and spirits at this location will allow local residents the option of walking to local specialty restaurants as well as provide a convenience to local residents d) The Redlands Police Department has reviewed the proposed use, and has no objections to the proposal 5 That the operations of the establishment will not aggravate existing pi oblems in the neighboi hood created by the sale of alcohol such as distui Bance of the peace, illegal di ug activity, public drunkenness, drinking in public, hai assment of passeisby, gambling, prostitution, sale of stolen goods, public ui ination, theft, assaults, batter les, acts of vandalism, litter ang, loiter ang, gi affiti, illegal par king, excessive loud noises, especially to the late night or eai ly moi ping hour s, ti affic violations, cul few violations, lewd conduct, or police detentions and ari ests The subject property is located witlin the Town Center - Historic (TC -H) district of the Downtown Specific Plan The primary activities will restaurants and related food retail stores, with ancillary alcohol sales and consumption (which will be conducted within the confines of the building, the exterior boardwalk, and the outdoor patio) The requested hours for alcoholic beverage service and on-site consumption are from 8 00 AM to 2 00 AM daily Conditions have been placed on the project to minimize the likelihood of any I 1Resoluttons\Res 7800 7899/7840 CUP 1 I00.doc 5 public safety problems With the implementation of operating standards contained on Redlands Municipal Code Chapter 18 190 and conditions of approval, the project is not expected to aggravate existing problems in the neighborhood created by the sale of alcohol such as disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, theft, assault/battery, vandalism, littering, loitering, graffiti, excessive loud noises, traffic violations, curfew violations, or police arrests 6 The establishment mll not deti imentally affect neat by neighbor hoods considering the distance of the alcohol establishment to i esidential buildings schools par lis, playgrounds of recreational al eas nonpi ofit youth facilities, places of wor ship, hospitals alcohol or other di ug abuse i ecoveiy of treatment facilities, social service offices, or other Alcohol Beverages Sales Activity Establishments The subject property is located witlnn the Town Center - Historic (TC -H) district of the Downtown Specific Plan, and is not ii close proximity to any residential neighborhoods or buildings, schools, parks, playgrounds, youth facilities, places of worship, hospitals, or social services or treatment facilities There are numerous other Alcohol Beverages Sales Activity Establishments in the vicinity of the downtown (primarily restaurants, pubs, and cafes), which is to be expected in the downtown core coinxmercial and entertainment area of the City 7 The establishment will other -lyse be compatible with existing and potential uses within the sur rounding area The estabhslmnent will be compatible with existing and future uses within the surrounding downtown area The proposed uses including restaurants, food retail, and similar uses are permitted in the Town Center - Historic (TC -H) district of the Downtown Specific Plan, and includes sales and serving of alcohohe beverages subject to a Conditional Use Permit Other existing uses in the area include numerous restaurants, commercial retail, personal and professional services, and alcoholic beverage service Future uses in the area will include many of the same uses, as well as transit -oriented development within one-half iTule of the downtown train station including higher -density residential uses above commercial uses With the proposed conditions of approval, the proposed establishment will continue to be compatible with the existing and future uses SECTION 5 EXPIRATION DATE Conditional Use Permit No 1100 shall automatically expire two years from the date of City Council approval, and automatically become null and void, unless the applicant has diligently pursued the project as evidenced by issuance of one or ]pore valid Type 21, Type 41, or Type 47 license(s) issued by the California Department of Alcoholic Beverage Control SECTION 6 EFFECTIVE DATE This Resolution shall become effective upon adoption ADOPTED, SIGNED AND APPROVED this I' day of May, 2018 I Vtesolutions\Res 7800 7899/7840 CUP 11 OO.doc 6 ATTEST nex� Lp��v J Donaldson, City Clerk E IResolutions\Res 7800-789917840 -CUP 1100 doc I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 1' day of May, 2018 AYES Councilmembers Harrison, Teyeda, Momberger, Mayor Foster NOES None ABSENT Mayor Pro Tempore Barich ABSTAIN None I F'W offln &WQ' - "M Mg, Ke Donal dhon, City Clerk 1 1Resolutions\Res 7800-789917840 -CUP 1100.doe EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No 1100 Development Services — Planning Division This permit/approval is for up to two (2) Type 21 (Ofd Sale General) licenses, and up to seven (7) Type 41 (On -Sale Beer & Wine — Eating Place) or Type 47 (On -Sale General — Eating Place) licenses, for a total of up to nine (9) alcohol licenses of the types specified as issued by the California Department of Alcoholic Beverage Control for the proposed food hall facility The project site is located at 330 North Third Street 2 This permit/approval shall expire two years from the date of City Council's approval (will expire on May 1, 2020) unless the applicant has diligently pursued the use as evidenced by issuance of the first Alcoholic Beverage Control license(s) necessary to operate the facility, or a tune extension has been granted by the Planning Commission or City Council in accordance with the Redlands Municipal Code The property owner and applicant and their successors and assigns, shall defend, by paying for the defense costs of the City of Redlands (for counsel retained by the City), indemnify and hold harmless the City of Redlands, and its elected officials, officers, employees, and agents, from and against any and aII claims, actions, and proceedings (collectively "Clains") to attack, set aside, void or annul the approval of this Conditional Use Permit by the City, or Claims brought against the City due to acts or omissions in any way connected to the applicant's project that is the subject oftlus permit This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of costs or attorneys' fees In the event any such action is coininenced to attack, set aside, void or annul all, or any, provisions of this permit, or is coiminenced for any other reason against the City for acts or omissions relating to the applicant's project, within fourteen (14) City business days following notice of such action from the City, the applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City (the "Security") in a form satisfactory to the City, and in the amount of $300,000, to ensure applicant's performance of its defense and mdemmty obligations under this condition The Security amount shall not limit the total indemnity obligation of the applicant pursuant to flus condition The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit The City shall have no liability to the applicant for the exercise of City's right to revoke this permit 4 Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions unposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to 1 1Reso1uuoas\Res 7800 7899/7840 CUP 1 100 doc 8 Government Code Section 66020(a) has coiminenced to run on the date this project was approved by the City 5 By initiating or using this permit, the permittee acknowledges all of the conditions unposed and accepts this permit subject to those conditions and with full awareness of the provisions of Redlands Municipal Code Chapter 18 190 (including Sections 18 190 090 through 18 190 130 inclusive) and Sections 18 192 090 and 18 192 100 Failure of the pennittee to sign these conditions does not affect their enforceability by the City or other responsible entity These conditions are binding upon all future property owners and occupants of the subject property 6 This permit/approval is granted for the plans dated April 3, 2018, ("the plans") on file with the Planning Division Operations on the site shall remain insubstantial confonnance with the request and with the application materials submitted by the applicant, as approved by the Planning Comirussion and/or City Council, and placed on file in the office of the Planning Division, except as modified within these conditions 7 Conditional Use Permit No 1100 may be reviewed, modified, or revoked by the City in accordance with RMC Chapter 18 192 should it be determined that the proposed use does not comply with any of its operational standards, training requirements, or conditions, or if the use or conditions under wluch they were permitted are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity, or if the use is maintained so as to constitute a public nuisance 8 The applicant shall subinit a copy of the Department of Alcoholic Beverage Control heense(s) mcludmg any and all conditions unposed, to the City Planner within sixty (60) days of the issuance dates of the ABC licenses by the California Department of Alcoholic Beverage Control The applicant shall maintain compliance with all applicable ABC regulations for the license types authorized by this permit/approval 9 The operator(s) and all employees serving alcoholic beverages shall be required to participate in the State of California's free Licensee Education on Alcohol and Drugs (L E A D ) 10 There shall be no over -serving of alcohol, and bartenders and servers shall be iristructed to refuse alcohol service to visibly intoxicated persons 11 To alleviate litter problems, no open cans or bottles intended for on-site consumption shall leave the premises 12 The off-site consumption of alcoholic beverages sold or intended for on-site consumption is prohibited The applicant shall post a sign at each entrance/exit of the exterior boardwalk and the outdoor patio advising patrons that "No Open Containers of Alcoholic Beverages May Leave the Premises" or "No Open Containers of Alcoholic Beverages Beyond This Point " 11Rmo1utions\Res 7800 7899/7840 CUP 1100 doc 9 13 An employee/attendant shall actively monitor the outdoor patio area and boardwalk area(s) during all tunes that alcohol is served and consumed in those outdoor areas 14 Property owner and tenants shall arrange for conumerclal loading and unloading activities to occur during off-peak busumess hours, to the extent practicable, to minimize traffic impacts and parking inpacts to local streets Police Department Conditions 15 Establish a "complaiit response co>m>munity relations" program that includes the following • Coordinating efforts with the police department to monitor community complaints about the estabinslument's activities 16 Restrict the hours of alcohol sales to 8 00 a m to 2 00 a m unless luxated fiulherbythe ABC 17 Restrict the service of discounted alcoholic beverages to no later than 8 00 pm • Post the following signs prominently posted in a readily visible manner in Enghsh and Spanish "California State Law Prohibits the Sale of Alcoholic Beverages to Persons under 21 Years of Age" • "No Loitering or Public Drinking" • "It Is Illegal To Possess An Open Container Of Alcohol In The Vicinity Of This Establishment" 18 The establishment is required to operate in a manner appropriate with zrutigatmg alcohol related problems that negatively nnpact those individuals living or working in the neighborhood including, but not limited to, sales to minors, surrogate sales, the congregation of individuals, violence on or near the prennnses, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise and litter The estabhshunent may be required to retain a specified number of security guards based upon the impact of its activities on the surrounding neighborhood All security guards shall have all required state and city permits and licenses 19 The establishment's operators or employees are required to discourage loiterers who are not patronizing any of the businesses, and to ask persons loitering longer than fifteen (15) minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so 20 The establishment is required to implement a video camera safety plan which includes • Digital video camera system which records activity of patrons and employees at primary service counters, entrances and exits, and primary parking areas • Video recordings must be stored and retrievable for a minimum period of seven (7) days from the time of recording • Video clarity must be such that a person's facial features can be identified from the video The video system ).must be engaged and recording at all tunes, while the establishment is open to the public The system must be maintained in working 11Reso]uuons\Res 7800 7899/7840 CUP I I OO.doc 10 establishment is open to the public The system must be maintained in working order at all times • The video system must be approved by the Redlands Police Department before it is installed to ensure compliance with city requirements and approved again after the system is operational 21 The establishment may be required to retain a specified number of security guards The number of security guards shall vary based upon the specific facts and circumstances of each establishment site and operation All security guards shall have all required state and city permits and licenses 22 Alcoholic drinks shall not be included in the price of admission to any establishment 23 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks 24 All alcohol sold for on-site consumption shall remain on the establishment's premises, including within outdoor dining areas 25 An employee of the establishment must be present at all times in areas within the establishment where alcohol is served 26 All areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all people in the business 27 Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited 28 The establishment(s) shall follow all conditions of the alcohol license(s) issued by the California Department of Alcoholic Beverage Control, as well as all other relevant portions of the Redlands Municipal Code 29 No new customers shall be permitted after 30 minutes before closing 30 Last call for drinks shall be no later than 15 minutes before closing 31 After midnight (12 00 a m ), only single -sized drinks and no multiple drinks shall be served to one individual customer for personal consumption End of Conditions of Approval Brian Desatmk Development Services Director 11