Joseph R. Vacca, Director of Community Development

Transcription

1 City of Camarillo Planning Commission AGENDA REPORT DATE: January 16, 2018 TO: FROM: SUBMITTED BY: SUBJECT: Planning Commission Joseph R. Vacca, Director of Community Development Benjamin Cereceres, Planning Technician CUP-386, MCB Enterprises PROJECT INFORMATION SUMMARY Request: The City of Camarillo has received a request for approval of a Conditional Use Permit (CUP-386) to authorize an existing 2,826-square-foot winery with tasting room and 7,295-square-foot expansion for a brewery, distillery, and two additional tasting rooms. Applicant: Mike Brown, MCB Enterprises, Inc., 4730 Stagecoach Court, Moorpark, CA, Property Owner: Spar Investments Project Site Size, Location, and Parcel Number: The.89-acre project site is located at 126 N. Wood Road Suite 100, 102, 104, and 106 (Assessor Parcel No ). Location Map Planning Commission Agenda Report January 16, 2018 CUP 386, MCB Enterprises, Inc. Page 1 of 6 PC Item 8 Page 1

2 Decision-Making Authority: Pursuant to Camarillo Municipal Code (CMC) Chapter and section A.3, the Planning Commission is the decision-maker for the requested CUP. General Plan Land Use Designation: Industrial Zoning Designation: General Manufacturing (M-2) Public Hearing: A public hearing for this request has been advertised for the Planning Commission meeting of January 16, 2018, with notices mailed to all property owners within a 600-foot radius of the subject site, posted at Camarillo City Hall, as well as on the City s website ( and published in the Ventura County Star. A public hearing notice has been posted on the project site. DISCUSSION Environmental Review The project was reviewed in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, as well as the City s environmental guidelines, and was determined to be categorically exempt from the provisions of CEQA under Class 1, Existing Facilities (CEQA Guidelines section 15301) as the project is located within an existing building that will consist of only interior alterations within the facility; therefore, no additional review is necessary. General Plan The General Plan for the City of Camarillo designates the site for industrial development. The property is zoned M-2, consistent with the general plan designation. Zoning Under CMC section A.3, breweries, wineries, and distilleries with or without tasting areas, including the retail sale of alcoholic beverages manufactured on-site that will be consumed off the premises are permitted in the M-2 Zone, subject to the approval of a CUP by the Planning Commission. Project Site and Surroundings The project site is located on a.89-acre parcel, developed with an existing 17,471-squarefoot multi-tenant industrial building in accordance with IPD-215, which was approved by the Planning Commission on April 1, CUP-386 proposes to utilize 10,121 square feet of the existing 17,471-square-foot multitenant industrial building. The existing winery (Cantara Cellars) currently occupies Suite 104 and proposes to expand into Suites 100, 102, and 106. There are three remaining suites that are currently vacant. The property is adjacent to Wood Road to the west, with agricultural production in the County further to the west. To the north and east are existing multi-tenant industrial uses, and to the south are office uses. The site is surrounded by the following land uses: GENERAL PLAN ZONING CURRENT LAND USE PROJECT SITE Industrial M-2 Winery and vacant industrial NORTH Industrial M-2 Multi-tenant Industrial SOUTH Industrial M-2 Office WEST Agriculture (County) AE-40 acre (County) Agriculture EAST Industrial M-2 Multi-tenant Industrial Planning Commission Agenda Report January 16, 2018 CUP 386, MCB Enterprises, Inc. Page 2 of 6 PC Item 8 Page 2

3 Proposed Use Cantara Cellars was established in 2006 as a winery with a small tasting room and currently occupies a 2,826-square-foot suite, located at 126 N. Wood Road Suite 104. A CUP was not required at the time the business was established in On December 10, 2014, the City Council adopted Ordinance 1099, which requires breweries, wineries, and distilleries, with or without tasting areas, and including the retail sale of alcoholic beverages manufactured on-site that will be consumed off the premises to obtain a CUP within the Limited Manufacturing (L-M), Light Manufacturing (M-1), and M-2 Zones. As the existing winery became nonconforming when Ordinance 1099 was adopted, CMC section restricts the use from expanding or extending into any other portion of the building. Therefore, the application for CUP-386 includes authorizing the existing winery and tasting room in order to bring the use into compliance with the requirement to obtain a CUP, as well as the expansion of the use to include a brewery, distillery, and two additional tasting rooms. The applicant proposes to expand the existing winery to include the production of beer, brandy, gin, and whiskey. The proposed floor plan shows the existing winery includes 256 square feet utilized for wine production and a 563-square-foot tasting room with sales display area. The remaining area is utilized for storage, food preparation, and restrooms. The proposed expansion would utilize 380 square feet for the production of beer and distilled spirits. Two additional tasting rooms, consisting of 145 square feet, and 1,060 square feet are proposed. The remaining area would be utilized for food preparation, storage, hallways, and restrooms. ABC requires that separate tasting rooms be provided for the tasting of each type of alcoholic beverage and that wine, beer, and distilled spirits cannot be sampled together within the same tasting room. The applicant is separately seeking the following Alcoholic Beverage Control (ABC) licenses: Type 06 (Still) ABC license. A still is any apparatus capable of being used for separating alcohol, or alcoholic vapors or solutions or mixtures. Type 74 (Craft Distillers) ABC license, authorizing the manufacturing of distilled spirits. Type 23 (Brew Pub or Microbrewery). Off-Street Parking Based on CMC sections and , CUP-386 requires a total of 46 spaces for all components of the use, including the winery, distillery, brewery, and tasting rooms. There are three additional suites, totaling 7,350 square feet within the multi-tenant building that are currently vacant, which require a total of 15 parking spaces, based on one parking space per 500 square feet for industrial use. Therefore, a total of 61 parking spaces are required for CUP- 386 and the future industrial uses within the multi-tenant industrial building. The submitted site plan shows 35 parking spaces are provided within the project site. The applicant has submitted the hours of operation of the various components of the proposed use, which indicate that during the weekday daytime hours, the 378-square-foot food preparation area, and new tasting rooms would be closed. A breakdown of the number of parking stalls that are required during the weekday daytime hours are as follows: Planning Commission Agenda Report January 16, 2018 CUP 386, MCB Enterprises, Inc. Page 3 of 6 PC Item 8 Page 3

4 Proposed Use CUP-386, MCB Enterprises, Inc. Adjacent Suites Future Industrial Weekday Daytime Hours (7 a.m. to 5 p.m.) Parking Ratio CMC Sections and Production Storage (1 space per 1,000 sq. ft.) Production Area (1 space per 500 sq. ft.) Suite 104 Tasting-Customer Area (1 space per 45 sq. ft.) Suite 104 Tasting-Employee Area (1 space per 100 sq. ft.) Suite 104 Display and Sales Area (1 space per 250 sq. ft.) Suite 104 Food Preparation (1 space per 100 sq. ft.) Hallways/Restrooms (No parking required) Square Footage Required Parking Spaces 6, TOTAL: 10, Square Required Parking Parking Ratio CMC Section Footage Spaces General Industrial (1 space per 500 sq. ft.) 7, TOTAL: 17, Parking Provided The table above demonstrates that during the weekday daytime hours, a total of 34 parking spaces are required for CUP-386 and the future industrial tenants. Therefore, since there are 35 parking spaces provided on-site, adequate parking will be provided during this time. During the weekday evening hours and all day on the weekends, the beer, wine, and distilled spirits production aspect of the business would be closed. In addition, the future industrial tenants would also be closed. A letter from the property owner has been submitted, acknowledging the proposed hours of operation of CUP-386 and the limitation on the hours of any future industrial tenants (see attached). A breakdown of the number of parking stalls that are required during the weekday evening and weekend hours are as follows: Weekday Evening and Weekend Hours 35 Proposed Use CUP-386, MCB Enterprises, Inc. Parking Ratio CMC Section All Tasting Rooms-Customer Area (1 space per 45 sq. ft.) All Tasting Rooms-Employee Area (1 space per 100 sq. ft.) All Display and Sales Area (1 space per 250 sq. ft.) All Food Preparation Areas (1 space per 100 sq. ft.) Square Footage Required Parking Spaces 1, Hallways/Restrooms (No parking required) TOTAL: 2, % Minor modification parking reduction -3 TOTAL SPACES REQUIRED: 35 Parking Provided 35 Planning Commission Agenda Report January 16, 2018 CUP 386, MCB Enterprises, Inc. Page 4 of 6 PC Item 8 Page 4

5 The table above includes a ten percent (10%) reduction in the number of parking spaces, which has been submitted by the applicant, in accordance with the CMC section B.2 - Administrative Minor Modification. After the 10% reduction, the parking requirement would be reduced from 38 stalls to 35 stalls. As there are 35 parking spaces provided on-site, the use will be in compliance with the parking requirements after the 10% reduction. In order to ensure compatibility with adjacent uses and that sufficient parking is provided for CUP-386, staff provides the following recommended conditions of approval: In order to ensure adequate parking is provided, prior to occupancy of CUP-386, the property owner must submit a shared parking use plan with coordinated hours of operation of CUP-386 and other future industrial tenants of the building on the property, which demonstrates that adequate shared parking, as required by the Camarillo Municipal Code, will be available during the hours of operation of each use on-site, and the shared parking plan must be reviewed and approved by the Director of Community Development and the Director of Public Works and once approved by the City must be notarized by the property owner for filing with the Department of Community Development. That should a parking problem arise with respect to the operations authorized under CUP-386, as determined by the Police Department, the Director of Community Development or the Director of Public Works, the applicant or property owner must reduce or alter operations to avoid such impacts and/or enter into a shared parking agreement with an adjacent property owner to utilize parking spaces located off-site. The agreement, including the location of the parking spaces, number of parking spaces, and hours in which those spaces will be available, must be submitted for review and approval by the Director of Community Development, Director of Public Works, and City Attorney and must be recorded on title. Based on the hours of operation of the various aspects of the proposed use and the request for a 10% parking reduction under an Administrative Minor Modification, CUP-386 would be in compliance with the requirements of the City s off-street parking ordinance. STAFF REVIEW AND RECOMMENDATION A CUP is required in the M-2 Zone, pursuant to CMC section A.3 for breweries, wineries, and distilleries, with or without tasting areas, and including the retail sale of alcoholic beverages manufactured on-site that will be consumed off the premises. The purpose of the CUP is to ensure the proposed establishment is appropriately located and operated. In addition, conditions may be placed on the business in order to protect the public health, safety, peace, and welfare. The CUP process also allows the City to monitor the use and verify that it is operating in accordance with the terms of its CUP. The project site is located within Census Tract 56.00, which encompasses the area south of U.S. 101/Ventura Freeway. There are no schools or churches within 600 feet from the project site. Staff has contacted ABC and was informed that a Finding of Public Convenience or Necessity (PCN) is not required, as the type of ABC licenses that have been applied for are not off-sales type of liquor licenses, which do not require a PCN finding. A copy of the CUP application has been forwarded to the Police Department for review. Staff has been notified by Senior Deputy, Virginia Tinoco that the Police Department does not have any concerns with respect to MCB Enterprises, Inc., nor their pursuit of these ABC licenses. Planning Commission Agenda Report January 16, 2018 CUP 386, MCB Enterprises, Inc. Page 5 of 6 PC Item 8 Page 5

6 Staff therefore recommends approval of CUP-386, subject to the attached recommended conditions. At the conclusion of the public hearing, if the Planning Commission concurs with staff s recommendation to approve CUP-386, a resolution approving the application has been prepared utilizing the following observations as findings in support of the request: A. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized because the proposed beer, wine, and distilled spirits production and bottling, including tasting areas is permitted in the General Manufacturing (M-2) Zone with an approved conditional use permit. B. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located, because the proposed wine, beer, and distillery production facility, including tasting areas, is permitted in the M-2 Zone with a conditional use permit and conditions of approval have been applied to ensure compatibility with other existing industrial uses surrounding the project site. C. The site for the intended use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls or fences, landscaping, and other features required in order to adjust the use to those existing or permitted future uses on land in the neighborhood, because the use is proposed to occupy 10,121 square feet of an existing 17,471-square-foot building on an.89-acre property, which is adequate in size and shape to accommodate the proposed wine, beer, and distilled spirits production, including tasting areas. The applicant has submitted an Administrative Minor Modification application for a 10% reduction in parking. After the 10% reduction, the parking requirement would be reduced from 38 stalls to 35 stalls. As there are 35 parking spaces provided on-site, the use will be in compliance with the parking requirements. D. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated, or to be generated by the proposed use, because the adjoining streets are existing and provide access to the site. E. The conditions set forth as part of the approval of the conditional use permit are deemed necessary to protect the public health, safety, and general welfare, because among other things, they include conditions that all employees obtain proper training for the responsible sale of alcoholic beverages and the retail sale of alcoholic beverages manufactured on-site that will be consumed off the premises. SUGGESTED ACTION a MOTION to adopt a resolution approving CUP-386, subject to the attached conditions of approval. The action of the Planning Commission is final, unless an appeal is filed within ten days of the date of their action. ATTACHMENTS Resolution Location Map Public Hearing Notice Letter from Property Owner F:\Departments\Community Development\CUP\ \386 MCB Enterprises, Inc\PC \1-PCAR MCB Enterprises.docx Planning Commission Agenda Report January 16, 2018 CUP 386, MCB Enterprises, Inc. Page 6 of 6 PC Item 8 Page 6

7 RESOLUTION NO. PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMARILLO APPROVING A CONDITIONAL USE PERMIT (CUP) REQUEST BY MCB ENTERPRISES, INC. TO AUTHORIZE AN EXISTING 2,826-SQUARE-FOOT WINERY WITH TASTING ROOM AND 7,295-SQUARE-FOOT EXPANSION FOR A BREWERY, DISTILLERY AND TWO ADDITIONAL TASTING ROOMS, LOCATED AT 126 N. WOOD ROAD, SUITES 100, 102, 104, AND 106 WITHIN THE CITY S GENERAL MANUFACTURING (M-2) ZONE, FURTHER DESCRIBED AS CUP-386 The Planning Commission of the City of Camarillo resolves as follows: SECTION 1. General Findings. The Planning Commission finds as follows: A. An application has been submitted for a Conditional Use Permit (CUP-386) by MCB Enterprises, Inc. to authorize an existing 2,826 square-foot winery with tasting room and 7,295-square-foot expansion for a brewery, distillery and two additional tasting rooms. The project is located at 126 N. Wood Road, Suites 100, 102, 104, and 106 within the City s General Manufacturing (M-2) Zone. The project has been submitted to the Planning Commission in accordance with the procedures established by the Camarillo Municipal Code (CMC) Chapters and B. CMC Chapter specifies the procedures for processing this application and assigns certain authority to the Planning Commission to review the application. C. The Planning Commission conducted a duly-noticed public hearing on the application on January 16, 2018, and has considered all testimony and evidence presented at the hearing. SECTION 2. Environmental Review. The project was reviewed in accordance with the California Environmental Quality Act (CEQA) and the City s environmental guidelines. According to CEQA Guidelines section 15301, the use of an existing industrial building is categorically exempt from further environmental review under Class 1, Existing Facilities. Therefore, no additional environmental review is necessary. SECTION 3. Project Findings. The Planning Commission, after reviewing the application and receiving testimony at a public hearing on this Conditional Use Permit, CUP-386, finds that the application may be approved based on the following findings: A. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized because the proposed beer, wine and distilled spirits production and bottling, including tasting areas is permitted in the General Manufacturing (M-2) Zone with an approved conditional use permit. B. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located, because the proposed wine, beer, and distillery production facility, including tasting areas, is permitted in the M-2 Zone with a conditional use permit and conditions of approval have been applied to ensure compatibility with other existing industrial uses surrounding the project site. Resolution No. PC January 16, 2018 CUP-386,MCB Enterprises, Inc. Page 1 of 2 PC Item 8 Page 7

8 C. The site for the intended use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls or fences, landscaping, and other features required in order to adjust the use to those existing or permitted future uses on land in the neighborhood, because the use is proposed to occupy 10,121 square feet of an existing 17,471 square-foot building on an.89-acre property, which is adequate in size and shape to accommodate the proposed wine, beer and distilled spirits production, including tasting areas. The applicant has submitted an Administrative Minor Modification application for a 10% reduction in parking. After the 10% reduction, the parking requirement would be reduced from 38 stalls to 35 stalls. As there are 35 parking spaces provided on-site, the use will be in compliance with the parking requirements. D. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated, or to be generated by the proposed use, because the adjoining streets are existing and provide access to the site. E. The conditions set forth as part of the approval of the conditional use permit are deemed necessary to protect the public health, safety, and general welfare, because among other things, they include conditions that all employees obtain proper training for the responsible sale of alcoholic beverages and the retail sale of alcoholic beverages manufactured on-site that will be consumed off the premises. SECTION 4. Approval of CUP-386. Based on the above findings, the Planning Commission hereby approves CUP-386, including the plans labeled Exhibit A, and subject to the conditions labeled Exhibit B, which are attached and made a part of this resolution, as well as all applicable general Municipal Code requirements and development standards. SECTION 5. Office of Record. The record of proceedings upon which this decision is based is located in the Department of Community Development, which is the office of record for the same. APPROVED AND ADOPTED on January 16, 2018, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Chairman Secretary Copy: Community Development Department General Services Department (Information Systems Division) MCB Enterprises, Inc. Resolution No. PC January 16, 2018 CUP-386,MCB Enterprises, Inc. Page 2 of 2 PC Item 8 Page 8

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11 MCB Enterprises, Inc. East side of Wood Road north of Verdulera Street December 19, 2017 January 16, 2018 EXHIBIT B CUP-386 PROJECT CONDITIONS The applicant must comply with the following conditions before the city issues zone clearance unless otherwise specified. STREETS 1. The applicant must obtain an encroachment permit for any work or construction activity within the public right-of-way. The applicant must submit a certificate of insurance with endorsements as required by the Department of Public Works. STORMWATER QUALITY 2. Development must be undertaken in accordance with conditions and requirements of the Ventura County Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002; Order No Development must be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) permit. (Order ). Specifically, the applicable Best Management Practices (BMPs) listed in Table 6 of the permit must be implemented. In accordance with the NPDES permit, the following minimum requirements should be met on the construction site: a. Sediments generated on the project site must be retained using structural drainage controls. Controls such as silt fences, sand bag barriers and stabilized construction entrances/exits must be applied at a minimum to prevent sediment runoff. b. No construction-related materials, wastes, spills, or residues must be discharged from the project site to streets, drainage facilities or adjacent properties by wind or runoff. c. Materials and stockpiles must be stored inside or if outside, under cover and on pallets to avoid exposure to stormwater. d. Non-stormwater runoff from equipment and vehicle washing and any other activity must be contained at the project site. e. Concrete and paint wastes must be managed per best management practice WM- 8 of the CASQA BMP Construction handbook, available at Or obtain from the City s stormwater division at * - Project Condition Modified CS - City Security Required ** - New Condition SS - Sanitary Security Required MC - Mitigation Condition GS - Grading Security Required MS - Maintenance Security Required CUP-386/MCB Enterprises, Inc. 01/16/18 Page 1 PC Item 8 Page 11

12 f. Trash receptacles must be maintained and covered at end of each day. 4. No architectural copper should be used that is exposed to stormwater runoff. This area drains to a watershed that has been listed by the State Water Resources Control Board as being impaired for copper per Los Angeles Regional Water Quality Control Board Resolution No All exterior metal building surfaces, including roofs, must be with rust-inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system prior to occupancy. 6. Trash enclosures and/or recycling area(s) must include a lattice structure to cover the enclosure with a solid roof design below to direct stormwater away from entering the enclosure. All litter/waste material must be kept in leak-proof and covered containers. Area(s) must be paved with impermeable material. No other area must drain onto these areas. The trash enclosure and/or recycling area(s) must not drain to the storm drain system or the sanitary sewer and all cleanups must be performed using dry cleanup methods. There must be no slope on the interior floor of the enclosure and the waste handling area must be bermed to prevent run-on of stormwater. Post sign on trash enclosure informing users that hazardous materials are not to be disposed of therein. Enclosures for air compressors must include a roof installation similar to trash enclosures, if feasible, to direct water from entering the enclosure. 7. Food facilities must be designed with contained areas for cleaning mats, equipment and containers. This wash area must be inside, or covered and designed to prevent run-on or runoff from the area. The area must not discharge to the storm drain; indoor wash waters must drain through a grease interceptor to the sanitary sewer or be collected for ultimate disposal to the sanitary sewer or an authorized location (pumped/trucked offsite). Wash areas located outside must be covered and bermed; wash water must be collected and not allowed to drain to storm drain unless treatment is provided. Employees must be instructed and signs posted indicating that all washing activities be conducted in this area. 8. All property areas must be maintained free of litter/debris. 9. Private roads and parking lots/drive-throughs must be maintained free of litter/debris. Sidewalks, parking lots and drive-throughs must be swept at least on a monthly basis, with a minimum of two (2) sweepings occurring during the month of October, prior to the beginning of the rainy season. Said sweepings must be a minimum two (2) weeks apart. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. The applicant must provide a program for the compliance with this requirement prior to issuance of zoning clearance. 10. Outdoor fuel dispensing areas, material storage areas, trash enclosures, and/or waste handling areas must be dry swept/cleaned at least on a monthly basis, with a minimum of two (2) sweepings occurring during the month of October, prior to the beginning of the rainy season. Said sweepings must be a minimum two (2) weeks apart. When swept, debris must be trapped and collected to prevent entry to the storm drain system. The facility must have a spill prevention, control and cleanup plan. * - Project Condition Modified CS - City Security Required ** - New Condition SS - Sanitary Security Required MC - Mitigation Condition GS - Grading Security Required MS - Maintenance Security Required CUP-386/MCB Enterprises, Inc. 01/16/18 Page 2 PC Item 8 Page 12

13 11. Any generator or tank enclosure areas must be paved with impermeable material. No other area must drain onto these areas. The enclosure area must not drain to the storm drain system or the sanitary sewer and all cleanups must be performed using dry cleanup methods. There must be no slope on the interior floor of the enclosure and the area must be bermed to prevent run-on of stormwater. The generator or tank must have adequate secondary containment to contain 110 percent of fuel or liquid in tank in event of a spill. 12. There must be no pressure washing of parking or loading areas, material and waste storage areas, or building site, unless the city approves a collection system to keep water from entering the storm drain. 13. Landscaping must be properly maintained with efficient irrigation to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides that can contribute to urban runoff pollution. 14. Prior to issurance of a City business license, business owner may be required to take out coverage or update coverage under the State Water Resources Control Board s NPDES General Permit No. CAS for Stormwater Discharges associated with Industrial Activities, Board Order No DWQ. This permit is required for operators of facilities that discharge stormwater associated with industrial activity, which includes manufacturing facilities, landfills, mining, steam generating electricity facilities, hazardous waste facilities, transportation facilities with vehicle maintenance, and recycling facilities. A copy of the Permit can be downloaded on the State Water Resources Control Board s website at Contact City Stormwater Program Manager at to determine if subject to this permit. WATER AND FIRE PROTECTION 15. The project must comply with CMC Chapter 14.12, the City of Camarillo Water Conservation Ordinance No SANITARY 16. ** Before the city issues a zone clearance the applicant must submit plans to the Department of Public Works for review and approval of the sizing requirements for a grease interceptor by the Camarillo Sanitary District (District). Upon approval of the plans a permit for the installation of the grease interceptor will be issued by the Department of Public Works. 17. The applicant must construct a sewer monitoring well of a design approved by the Camarillo Sanitary District to facilitate the inspection, sampling and flow measurements by District personnel. The wells must be located in a manner that will provide unrestricted access for District personnel. * - Project Condition Modified CS - City Security Required ** - New Condition SS - Sanitary Security Required MC - Mitigation Condition GS - Grading Security Required MS - Maintenance Security Required CUP-386/MCB Enterprises, Inc. 01/16/18 Page 3 PC Item 8 Page 13

14 MISCELLANEOUS 18. No building construction may be commenced until Department of Community Development issues a zone clearance and the Department of Building and Safety issues a building permit. 19. All persons doing business in the city in connection with the project must have a current Business License Tax Certificate before commencing construction. 20. The conditions of approval of this project supersede all conflicting notations, specifications, dimensions, typical sections, and the like, which may be shown on tentative project plans. 21. All ordinances, policy resolutions and standards of the city in effect at the time of approval of this project must be complied with as a condition of this approval. This condition will not apply to the amount of fees to be paid. 22. The amount of fees to be paid will be those in effect at the actual time of payment of such fees. F:\Departments\Public Works\SHARED\Conditions\CUP\386\CUP-386 PC docx * - Project Condition Modified CS - City Security Required ** - New Condition SS - Sanitary Security Required MC - Mitigation Condition GS - Grading Security Required MS - Maintenance Security Required CUP-386/MCB Enterprises, Inc. 01/16/18 Page 4 PC Item 8 Page 14

15 FIRE PROTECTION DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 386 MCB Enterprises, Inc. 23. Fire Sprinkler System Evaluation Applicant must have the fire sprinkler system serving all units evaluated based on type of commodity and protection requirements for the storage and production of product. The applicant must include a current 5 year sprinkler system service report. 24. Five-Year Fire Sprinkler Report A current Five-Year Fire Sprinkler certification must be maintained at all times in accordance with CCR Title-19 and VCFPD requirements. The required Five-Year Report must be submitted to the Fire Department prior to expiration of the previous Five-Year certification. 25. Building Plan Review - Building plans for A, E, I or H occupancies must be submitted with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit or certificate of occupancy. 26. Address Numbers Suite address numbers, a minimum of 6 inches (6 ) high, must be installed prior to occupancy, must be of contrasting color to the background, and must be readily visible at night. Brass or gold plated numbers must not be used. Suite numbers must be installed above or adjacent to entrance doors with a minimum of 6 inch numbers. Suite numbers must also be installed on the rear door. 27. Walkways- Approved walkways must be provided from all building openings to the public way or fire department access road / driveway. 28. Fire Extinguishers- Fire extinguishers must be installed in accordance with the Fire Code. The placement of extinguishers must be subject to review by the Fire District. 29. Trash Dumpster Locations- Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater must not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 30. Fire Code Permits- Use and storage of Ethanol Alcohol over the exempt amounts per the Fire Code are required to obtain a Fire Code Permit. 31. Inspection Authority The Fire District must conduct a final inspection prior to occupancy and start of production to ensure the occupancy meets the requirements of the Fire Code. 32. Accessory Room Door Labeling All accessory room doors must be labeled on the door indicating the use of the room (i.e. Electrical Room, Riser Room, Alarm Panel Inside, Storage, Janitor, etc.). POLICE 33. Emergency exits are to remain clear of any clutter, and contain an audible alarm. 34. If the premises contains an alarm, the applicant must register with the Camarillo Police Department as required by the City of Camarillo Municipal Code. 35. Security cameras (with the ability to record and store footage for at least 2 weeks) must be installed that monitor cash registers, front entrance, and emergency exit near loading/bay doors. 36. Maintain proper lighting on premises and parking lot. CUP-386, MCB Enterprises, Inc. January 16, 2018 Page 5 PC Item 8 Page 15

16 37. Maintain landscape shrubbery no higher than 2 feet in height. 38. Trees overhang to hang no lower than 6 feet from ground. 39. Avoid large bushes near doorways to prevent dangerous ambush points. 40. Rear doors to the establishment must be closed at all times except in cases of emergency and to permit deliveries. LANDSCAPING 41. Maintain and remain in compliance in accordance with the conditions and requirements of the Industrial Planned Development Permit 215 (IPD-215). PARKING/ACCESS 42. Maintain and remain in compliance in accordance with the conditions and requirements of IPD That the pavement condition of the parking lot be maintained in accordance with the requirements of the Camarillo Municipal Code. GENERAL 44. That the applicant must obtain appropriate permits and a zone clearance must be obtained from the City Departments of Community Development, Public Works/Land Development Division, and Building and Safety for any exterior changes to the building or site. Additional information and fees may be required from these departments, such as: school fees, traffic fees, police facility fees, soils reports, geologic studies, grading plans, utility fees, encroachment permit fees, and building code requirements. The building plans must also be coordinated with other governmental agencies (i.e. fire, water, environmental health, etc.). It is the applicant s responsibility to ensure that all City of Camarillo and interested parties requirements have been met. 45. That the permit is granted for the land, as described in the application and any attachment thereto, and as shown on the site plan and floor plan submitted labeled Exhibit A. 46. That the location of all buildings fences, roadways, security measures, alcohol sales areas, parking areas, landscape, and other facilities or features must be substantially as shown on the plan labeled, Exhibit A, and in conformance with the conditions labeled, Exhibit B 47. The applicant must sign a statement acknowledging and agreeing to abide and adhere to all conditions attached to CUP That unless the use is inaugurated and diligently pursued not later than 12 months from the date this permit is granted, this permit will automatically expire on that date. However, if there have been no changes in the proposed plot plan or adjacent area, the Director of Community Development may grant additional time extensions for use inauguration. 49. The Director of Community Development may approve minor changes, as provided by Section of the Municipal Code, but any substantial change requires the filing of a modification application to be considered by the Planning Commission. 50. Additions, changes, exterior modifications, rooftop equipment, storage or equipment enclosures may be built only after receiving Department of Community Development approval and appropriate permits. 51. Applicant agrees, as a condition of issuing this permit, to pay all legal and expert fees and expenses of the City in defending any legal action brought against the City, other than one by the CUP-386, MCB Enterprises, Inc. January 16, 2018 Page 6 PC Item 8 Page 16

17 applicant, challenging the issuance of the permit, or any action or failure to act by the City relating to the environmental review process pursuant to the California Environmental Quality Act. In the event such a legal action is filed against the City, City must estimate its expenses for the litigation and applicant must deposit said amount with the City or enter into an agreement with the City to pay such expenses as they become due. 52. Developer/Applicant must reimburse the City for all attorneys fees expended by the City which are directly related to the processing of this development/project. No Certificate of Occupancy or other final occupancy approval must be given until attorneys fees billed to date have been paid. 53. The owners must sign all necessary documents for conditions that are required to be recorded and run with the land. 54. Applicant, by acceptance of the approval of this CUP-386, agrees to indemnify, defend and hold the City harmless from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys fees and disbursements (collectively, Claims ), which the City may suffer or incur or to which the City may become subject by reason of or arising out of the City s approval of this project or the activities undertaken by the developer under this permit and any related project approvals. If any Claim is brought against the City by legal action or otherwise, developer agrees to defend the City at the City s request and with counsel satisfactory to the City.for the purposes of this section, City includes the City of Camarillo s officials, officers, employees, and agents. 55. The applicant/business owner of the property must regularly and promptly remove any and all graffiti from the project, must maintain exteriors in a clean and attractive condition, and must maintain all landscaping required for the project in a healthy, orderly and aesthetically pleasing condition. In instances where the Department of Community Development determines that a violation of this condition exists, the owner must act promptly to correct the condition in accordance with the direction of the Director of Community Development. 56. There may be no outdoor storage, sales or displays in accordance with the General Manufacturing (M-2) Zone. 57. The project must comply with the requirements of the M-2 Zone. SECURITY REQUIREMENTS 58. All persons doing business in the City of Camarillo in connection with the project must have a current Business Tax Certificate prior to commencing construction. 59. Any deposit or security required by any ordinance, resolution, policy, or condition must be delivered to the City of Camarillo in a form acceptable to the city. SPECIAL 60. That MCB Enterprises, Inc. must obtain and maintain all licenses required by the State Department of Alcoholic Beverage Control (ABC). A copy of the ABC license must be provided to the Community Development project manager immediately upon issuance by ABC. Management must adhere to and ensure compliance with all conditions outlined in the ABC license. 61. That MCB Enterprises, Inc. must comply with all regulations of ABC. 62. The Department of Community Development and the Police Department must be notified of any change of ownership of the approved use. Said notification must be provided in writing within 10 days of the completion of the change of ownership. CUP-386, MCB Enterprises, Inc. January 16, 2018 Page 7 PC Item 8 Page 17

18 63. All employees involved in the sale of alcoholic beverages to patrons must enroll in and complete a Leadership and Education in Alcohol and Drug (LEAD) training class, Responsible Beverage Service (RBS) training class, or Training for Intervention Procedures (TIPS) training class within 90 days of the date of hire. Within 30 days of taking the course, the applicant must deliver each required certificate showing completion to the Director of Community Development Department or designee. Acceptable RBS training providers must be on the list of providers furnished by ABC, who have agreed to incorporate some or all of the recommended best practices into their training. 64. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior display/advertising of beer and wine that are clearly visible to the exterior will constitute a violation of this condition. Interior advertising or promotion of availability of beer and wine may only be located within areas approved for the interior display of beer and wine merchandise, subject to the Community Development Director s approved floor plan on file with the Department of Community Development. 65. No drinking of alcohol may occur outside of the building and no loitering in the parking lot areas adjacent to the facility will be permitted. 66. If the use ceases to exist, the CUP may be subject to revocation per Camarillo Municipal Code, Chapter The permittee must correct any safety or security problem within 30 days upon written notice of such a problem from the Camarillo Police Department. 68. The development must remain in substantial conformance with the plans, as submitted and approved in conjunction with the application for CUP-386, except any modification, as may be required to meet specific code standards or other conditions stipulated herein. 69. No containers of alcoholic beverages to be sold for consumption off the premises may be displayed within 10 feet of the front entrance. 70. The applicant must demonstrate that the trash and recycling enclosure is of sufficient size to accommodate trash, storage/collection of recyclables and green/food waste in accordance with the Standard Plate S-1, subject to the review and approval by the Director of Community Development prior to issuance of a zoning clearance. 71. In order to ensure that adequate parking is provided, prior to occupancy of CUP-386, the property owner must submit a shared parking use plan with coordinated hours of operation of CUP-386 and other future industrial tenants of the building on the property, which demonstrates that adequate shared parking, as required by the Camarillo Municipal Code, will be available during the hours of operation of each use on-site, and the shared parking plan must be reviewed and approved by the Director of Community Development and Director of Public Works and once approved by the City must be notarized by the property owner for filing with Community Development Department. 72. That should a parking problem arise with respect to the operations authorized under CUP-386, as determined by the Police Department, Director of Community Development or Director of Public Works, the applicant or property owner must reduce or alter operations to avoid such impacts and/or enter into a shared parking agreement with an adjacent property owner to utilize parking spaces located off-site. The agreement, including the location of the parking spaces, number of parking spaces, and hours in which those spaces will be available, must be submitted for review and approval by the Director of Community Development, Director of Public Works, and City Attorney and must be recorded on title. F:\Departments\Community Development\CUP\ \386 MCB Enterprises, Inc\DRAFT COND CUP-386.docx CUP-386, MCB Enterprises, Inc. January 16, 2018 Page 8 PC Item 8 Page 18

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20 City of Camarillo Department of Community Development fax The City of Camarillo Planning Commission will conduct a public hearing on Tuesday, January 16, 2018 at 7:30 p.m. in the City Hall Council Chambers, 601 Carmen Drive, Camarillo, CA on the following agenda item: CUP 386, MCB Enterprises, Inc. An application has been received from MCB Enterprises, Inc. requesting approval of a Conditional Use Permit (CUP 386) to authorize an existing 2,826 square foot winery with tasting room and 7,295 squarefoot expansion for a brewery, distillery, and two additional tasting rooms. The project is located at 126 N. Wood Road, Suites 100, 102, 104, and 106 within the City s General Manufacturing (M 2) Zone. The existing winery operates under an Alcoholic Beverage Control (ABC) Type 02 (Winegrower) license. The applicant is also seeking to obtain ABC Type 06 (Still), Type 74 (Craft Distiller), and Type 23 (Small Beer Manufacturer) licenses. The project was reviewed in accordance with the California Environmental Quality Act (CEQA) and the State CEQA guidelines, as well as the City s environmental guidelines, and is categorically exempt from provisions of CEQA under Class 1, Existing Facilities (CEQA Guidelines section 15301); therefore, no additional review is necessary. At this hearing, the Planning Commission will consider whether to approve CUP 386, and if it does, the Commission may make modifications to the application and/or attach additional conditions to the approval. Any person interested in this matter is invited to attend and present testimony either for or against the proposed application. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice or in written correspondence delivered to the Planning Commission at or prior to the public hearings. For further information regarding this application, you may contact the City of Camarillo, Department of Community Development and speak with the case planner, Ben Cereceres, at or bcereceres@cityofcamarillo.org, or you may review copies of the application materials at the Community Development Department, City Hall, 601 Carmen Drive, Camarillo, California, 93010, prior to the Planning Commission meeting. In compliance with the American With Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR ADA Title II.) Joseph R. Vacca, Secretary Planning Commission F:\Departments\Community Development\CUP\ \386 MCB Enterprises, Inc\2017 PHN CUP386.docx Published in the VC Star on Saturday, January 6, Carmen Drive Camarillo CA PC Item 8 Page 20

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