HomeMy WebLinkAboutPlanning Comm Reports /2006/01/25
AGENDA
MEETING OF THE PLANNING COMMISSION
Of the City of .Chula Vista, California
6:00 p.m.
Wednesday, January 25,2006
Public Services Building
Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER
ROLL CALL/MOTIONS TO EXCUSE
Madrid_ Felber_ Bensoussan_ Hom_ Nordstrom_ Tripp_
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES:
Joint Mtg. of the Planning Commission and Housing
Advisory Commission of November 16,2005.
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission
on any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING:
PCA 0 6-01; Proposal to amend the Chula Vista
Municipal Code (CVMC) to regulate the brewing and
distilling of liquors in the Limited Industrial (I-L)
Zone. Applicant: City of Chula Vista. (Legislative)
Project Manager: Brian Catacutan, Assistant Planner
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT:
To a regular Planning Commission meeting on
February 8, 2006.
Planning Commission
- 2 -
January 25, 2006
COMPLIANCE WITH THE AMERICANSWITH DISABILITIES ACT
The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests
individuals who require special accommodations to access, attend, and/or participate in a City
meeting, activity, or service, request such accommodations at least forty-eight hours in advance for
meetings, and five days for scheduled services and activities. Please contact Diana Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-
5647. California Relay Service is also available for the hearing impaired.
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 01/25/06
/
ITEM TITLE:
Public Hearing: Zoning Ordinance Amendment PCA-06-01, proposal to
amend the Chula Vista Municipal Code (CVMC) to regulate the brewing and
distilling of liquors in the Limited Industrial (I-L) zone. Applicant: City of
Chula Vista
The proposal is to amend the I-L zone by adding CVMC 19.44.040Q to conditionally allow and
regulate the brewing and distilling of liquors and amending Section 9 to CVMC 19.44.050
prohibiting the brewing and distilling of liquors except those requiring a Type 23 license from the
Department of Alcoholic Beverage Control.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is not a possibility that
the activity may have significant effect on the environment; therefore, pursuant to Section
15061(b)(3) (General Rule) of the State CEQA Guidelines the activity is not subject to CEQA.
Although environmental review is not necessary at this time, environmental review will be required
prior to the approval of any development entitlements including, but not limited to, future site
development plans and a conditional use permit.
RECOMMENDATION:
That the Planning Commission recommends to the City Council the adopting of the attached
ordinance adding Section 19.44.040Q and amending Section 19.44.050 ofthe Chula Vista Municipal
Code to conditionally allow the brewing and distilling ofliquors within the Limited Industrial zones
of the City of Chula Vista.
DISCUSSION:
1. Background
The item presented is the result of a request trom two individuals seeking to establish a micro
brewing plant in the City of Chula Vista. On July 8, 2005, Bay Bridge Brewery applied for a
business license to operate a small brewing facility at 779 Anita Street. Subsequently, the business
license was denied by the Planning Department because the municipal code currently prohibits the
brewing or distilling of liquors within the Limited Industrial Zone (I-L), which is the zoning
designation for 779 Anita Street.
After further discussion, city staff concluded that establishing microbreweries within the City's
limits would be one way to facilitate "home grown" businesses and is a worthy economic
development effort. The issue could be addressed with a minor adjustment to the Zoning Ordinance.
Page 2, Item:
Meeting Date: 1-25-2006
2. Analysis
After review of the proposed microbrewery request by Bay Bridge Brewery, staff concluded that
amending the municipal code to conditionally allow the small scale brewing and distilling ofliquors
within the I-L zone is an appropriate land use. Using a comparative land use analysis, staff is
confident that the operational profile of small scale brewing and distilling of liquors is similar in
nature to other conditionally pennitted uses within the IL zone. Other conditionally pennitted land
uses in the I-L zone include machine shops, steel fabrication businesses, synthetics manufacturing,
and major auto repair including paint and body shops
In detennining how the I-L zone should be amended, staff consulted the State Department of
Alcoholic Beverage Control (ABC) to see what additional regulations they have for such businesses.
Attached is a list of type of licenses ABC issues. Staff believes it would be beneficial to use the
ABC licensing types to further clarify the types of businesses pennitted or prohibited.
The proposed ordinance amendment involves amending two sections of the municipal code. The
first involves amending 19.44.050(9), prohibiting "Brewing or distilling of liquors except those
requiring a Type 23 (See Attachment 2) ABC license." Type 23 licenses allow for small
microbreweries that typically are dedicated solely to the production of specialty beers with the option
of having a small restaurant or pub and cannot make more than 60,000 barrels of beer per year. To
put this production amount in perspective, other local breweries with Type 23 licenses include Karl
Strauss Breweries with an annual output of 15,000 barrels/year and Ballast Point Brewing with an
annual output of 6,000 barrels/year.
The second amendment involves the addition of 19.44.040Q that will list "Brewing or distilling of
liquors requiring a Type 23 ABC license" as a conditionally pennitted use in the Limited Industrial
Zone.
In order to minimize local impacts ofthese land uses, close coordination between The CityofChula
Vista planning staff and local ABC district offices is important. Requiring approval of a conditional
use pennit would give City staff discretion to regulate issues of, but not limited to, hours of
operation, number of employees, noise, odor and aesthetics.
Conclusion
For the reasons mentioned above, staff recommends that the Planning Commission adopt the
attached Planning Commission Resolution recommending City Council approval of the proposed
Zoning Ordinance amendment.
Attachments
1. Draft Planning Commission resolution
2. Common Department of Alcoholic Beverage Control license types
J :\P1anning\Case Files\-06 (FY 05-06)\PCA \PCA-06-0 1 \Staff Reports\PC\PCA-06-01_ Staff.Report.doc
Page 3, Item:
Meeting Date: 1-25-2006
...
RESOLUTION NO. PCA-06-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE ADDING SECTION 19.44.040Q TO THE CHULA VISTA
MUNICIPAL CODE TO CONDITIONALLY ALLOW AND REGULATE
THE SMALL SCALE BREWING OR DISTILLING OF LIQUOR, AND
AMENDING 19.44.050 TO PROHIBIT THE BREWING OR DISTILLING
OF LIQUORS EXCEPT FOR BUSINESSES REQUIRING A TYPE 23
LICENSE FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL WITHIN THE LIMITED INDUSTRIAL (I-L) ZONE IN THE
CITY OF CHULA VISTA.
WHEREAS, the City of Chula Vista has been approached by an Bay Bridge Brewing
Company who is interested in establishing a microbrewery at 779 Anita Street; and
WHEREAS, the Chula Vista Municipal Code currently prohibits all brewing or
distilling ofliquors in the I-L zone; and
WHEREAS, the operational profile of small scale brewing and distilling of liquors is
similar in nature to other conditionally pennitted uses in the I-L zone; and
WHEREAS, the Environmental Review Coordinator has detennined that the
proposed ordinance amendment is exempt pursuant to Section 15061(b)(3)(General Rule) of
the State CEQA Guidelines; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City as least ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely January
25,2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS
PRESENTED AT THE HEARING, THE PLANNING COMMISSION finds as follows:
1. That well regulated micro brewing facilities can be of economic benefit to the
community, and
2. Said uses can be adequately regulated through a zoning administrator conditional use
pennit, and
3. Recommends that the City Council adopt the ordinance as shown in Attachment "A".
Page 2
BE IT FURTHER RESOLVED THAT a copy of this resolution and its attachment be
transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 25th day of January, 2006, by the following vote, to-
wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
Diana Vargas
Secretary to Planning Commission
19.44-040 Conditional Uses.
Attachment "A"
Conditional uses pennitted in an I-L zone include:
A. Machine shops and sheet metal shops;
B. Service stations, subject to the conditions in CVMC 19.58.280;
C. Steel fabrication;
D. Restaurants, delicatessens and similar uses;
E. Drive-in theaters, subject to the conditions ofCVMC 19.58.120;
F. Major auto repair, engine rebuilding and paint shops;
G. Commercial parking lots and garages;
H. Plastics and other synthetics manufacturing;
1. Building heights exceeding three and one-half stories or 45 feet;
J. Unclassified uses, as set forth in Chapter 19.54 CVMC;
K. Trucking yards, tenninals and distributing operations;
L. The retail sale of such bulky items as furniture, carpets and other similar items;
M. Retail distribution centers and manufacturers' outlets which require extensive
floor areas for the storage and display of merchandise, and the high-volume,
warehouse-type sale of good and retail uses which are related to and supporting of
existing, on-site retail distribution centers of manufactures' outlets. Conditional
use pennit applications for the establishment of retail commercial uses, covered
by the provisions of this subsection, shall be considered by the city council
subsequent to its receipt of recommendations thereon fonn the planning
commISSIOn;
N. Roof-mounted satellite dishes, subject to the standards set forth III CVMC
19.30.040;
O. Recycling collection centers, subject to the provisions ofCVMC 19.58.345
P. Hazardous waste facilities, subject to the provisions ofCVMC 19.58.178.
Q. Brewing or distilling of liquors requiring a TY"pe 23 Alcoholic Beverage Control
License
.._._._._-----_.~.
Page 4
19.44-050 Prohibited uses and processes.
Prohibited uses in an I-L zone include:
A. Manufacturing uses and processes involving the primary production of products
from raw materials, including the following materials and uses:
1. Asphalt, cement, charcoal and fuel briquettes,
2. Rubber, chemical and allied products, and soap and detergents,
3. Coal, coke and tar products and the manufacturing of explosives, fertilizers,
gelatin, animal glue and size,
4. Turpentine, matches, paint and other combustible materials,
5. Stockyards, slaughterhouses and rendering plants,
6. The storage of fireworks and explosives,
7. Industrial metal, waste rage, glass or paper salvage operations and slag piles,
8. Fish, sauerkraut, vinegar and similar uses,
9. .619-~iD~i)r distilling Q.Lliguors ex.c9J?J.for businesses requiI.::il1&.Jt Type ~~
licenses from the Department of Alcoholic and Beverage Control or perfume
manufacturing.
B. The following processes: nitrating of cotton or other materials; foundries;
reduction, refining, smelting, alloying, rolling, drawing and extruding of metal or
metal ores; refining of petroleum products; distillation of wood or bones; storage,
curing or tanning ofraw, green or salted hides or skins; and grain milling;
C. Any other use which is detennined by the commission to be of the general as the
above uses.
Department of Alcoholic Beverage Control
COMMON ABC LICENSE TYPES
AND THEIR BASIC PRIVILEGES
State of California
BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license
authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed
premises, Without any additional licenses, may sell beer and wine, regardless of source, to consumers for
consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide
eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under
s ecified conditions Section 23357.3 . Minors are allowed on the remises.
WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license
authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold.
Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the
premises in a bona fide eating place that is located on the licensed premises or on premises owned by the
licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess
wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating
place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53), Minors are
allowed on the remises.
OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for consumption off
the remises where sold. Minors are allowed on the remises.
OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for
consum tion off the remises where sold. Minors are allowed on the remises.
SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same privileges and
restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro-brewery
is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers,
althou h some do have a restaurant or ub on their manufacturin lant.
ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises
where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however,
sandwiches or snacks must be available. Minors are allowed on the remises.
ON SALE BEER & WINE - EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for
consumption on or off the premises where sold. Distilled spirits may not be on the premises (except
brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed
premises as a bona fide eating place. Must make actual and substantial sales of meals, during the nonnal
meal hours that they are open, at least five days a week. Nonnal mealtimes are 6:00 a.m. -
9:00 a.m" 11 :00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week
must serve meals on the da s the are 0 en. Minors are allowed on the remises.
ON SALE BEER & WINE - PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine
for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are
not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not
re uired.
ON SALE GENERAL - EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled
spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption off
the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must
make actual and substantial sales of meals, during the nonnal meal hours that they are open, at least five
days a week. Nonnal mealtimes are 6:00 a.m. - 9:00 a.m., 11 :00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m.
Premises that are not open five days a week must serve meals on the days they are open. Minors are
allowed on the remises.
ON SALE GENERAL - PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and
distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for
consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5
for exce tion, musicians. Food service is not re uired.
ON SALE GENERAL - SEASONAL - Authorizes the same privileges and restrictions as provided for a
Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the
license certificate.
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CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for
consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are
allowed on the remises.
VETERAN'S CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only,
for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest
only, for consumption off the licensed premises, Food service is not required. Minors are allowed on the
premises. ____
. SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify for club
licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for
consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests
only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the
remises.
ON SALE BEER AND WINE - SEASONAL - Authorizes the same privileges as a Type 41. Issued for a
s ecific season. Inclusive dates of 0 eration are listed on the license certificate.
ON SALE BEER - SEASONAL - Authorizes the sale of beer only for consumption on or off the
premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license
certificate. Wine or distilled s irits ma not be on the remises. Minors are allowed on the remises.
ON SALE BEER - PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer only for
consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors
are not allowed to enter and remain warnin si s re uired. Food service is not re uired.
BED AND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed winegrower or
wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer
or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the
wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine
from the rounds is not ennitted. Minors are allowed on the remises.
ON SALE GENERAL - RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine
and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy
guests or their invitees. This license is nonnally issued to "suite-type" hotels and motels, which exercise
the license rivile es for uests' "com limenta "ha hour. Minors are allowed on the remises.
ON SALE GENERAL - BREWPUB - (Restaurant) Authorizes the sale of beer, wine and distilled spirits
for consumption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the
sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the
remises.
BED AND BREAKFAST INN - GENERAL - Authorizes the sale of beer, wine and distilled spirits
purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for
consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the
alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation.
Removal of alcoholic bevera es from the rounds is not ennitted. Minors are allowed on the remises.
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SPECIAL EVENTS
The Department also issues licenses and authorizations for the retail sale of beer, wine and distilled spirits on a temporary basis
for special events. The most common are listed below, Other less common ones are found in Business and Professions Code
Section 24045.2, et seq.
SPECIAL DAILY BEER AND/OR WINE LICENSE - (Fonn ABC-281) Authorizes the sale of beer and/or wine for
consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily
by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety,
welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to
obtain prior written approval of the local law enforcement agency. Issued to non-profit organizations. (Rule 59, California Code of
Regulations)
DAILY ON SALE GENERAL LICENSE - (Fonn ABC-281) Authorizes the sale of beer, wine and distilled spirits for
consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily
by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety,
welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to
obtain prior written approval of the local law enforcement agency. Issued to political parties or affiliates supporting a candidate for
public office or a ballot measure or charitable, civic, fraternal or religious organizations. (Section 24045.1 and Rule 59.5 California
Code of Regulations)
CATERING AUTHORIZATION - (Fonn ABC-218) Authorizes Type 47, 48, 51, 52, 57, 75 and 78 licensees (and catering
businesses that qualify under Section 24045.12) to sell beer, wine and distilled spirits for consumption at conventions, sporting
events, trade exhibits, picnics, social gatherings, or similar events. Type 47, 48 and 57 licensees may cater alcoholic beverages at
any ABC-approved location in the State. Type 51 and 52 licensees may only cater alcoholic beverages at their licensed premises.
All licensees wishing to cater alcoholic beverages must obtain prior written authorization from the Department for each event. At
all approved events, the licensee may exercise only those privileges authorized by the licensee's license and shall comply with all
provisions of the ABC Act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for
suspension or revocation of the licensee's license or pennit, or both, as though the violation occurred on the licensed premises.
(Section 23399 and Rule 60.5 California Code of Regulations)
EVENT AUTHORIZATION - (Fonn ABC-218) Authorizes Type 41, 42, 47, 48, 49,57,75 and 78 licensees to sell beer, wine
and distilled spirits for consumption on property adjacent to the licensed premises and owned or under the control of the licensee.
This property shall be secured and controlled by the licensee and not visible to the general public. The licensee shall obtain prior
approval of the local law enforcement agency. At all approved events, the licensee may exercise only those privileges authorized
by the licensee's license and shall comply with all provisions of the ABC Act pertaining to the conduct of on-sale premises
(including any license conditions) and violations of those provisions may be grounds for suspension or revocation of the licensee's
license or pennit, or both, as though the violation occurred on the licensed premises. (Section 23399)
WINE SALES EVENT PERMIT - (Fonn ABC-239) Authorizes Type 02 licensees to sell bottled wine produced by the
winegrower for consumption off the premises where sold and only at fairs, festivals or cultural events sponsored by designated tax
exempt organizations. The licensee must notify the city and/or county where the event is being held and obtain approval from ABC
for each event (Fonn ABC-222). The licensee must also comply with all restrictions listed in Business and Professions Code
Section 23399.6.
Note:
I. "Minor" means any person under 21 years of age.
2. Consult Section 25663(b) regarding age of employees in off-sale premises; consult Sections 25663(a) and 25663.5 regarding age of employees
in on-sale premises.
3. In certain situations, ABC may place reasonable conditions upon a license, such as restrictions as to hours of sale, employment of designated
persons, display of signs, restrictions on entertainment or dancing, etc. If a license has been conditioned, it will be endorsed as such on the face
of the license. (Conditional licenses, Sections 23800-23805.)
4. Licensees whose license allows minors on the premises may have a "house policy" restricting minors from entering certain areas of the
premises or prohibiting minors in the premises during certain hours.
5, This handout contains only abbreviated infonnation, Contact your local ABC office for full infonnation before doing anything which may
jeopardize your license, Also available from the ABC: Quick Summary of Selected ABC Laws (fonn ABC-608); Alcoholic Beverage Control
Act (complete laws); Rules & Regulations; and P-90 (describes privileges of non-retail licenses),
ABC-616 (4/04)