Staff Report- Chairman and Planning Commission

Staff recommends approval of Conditional Use Permit 17-10 by adopting Resolution No. 018P-001 with conditions. 

On October 16, 2017, the Community Development Department received a Conditional Use Permit application from Juan Maciel (further identified as “applicant”) to open a taproom to serve local beers and wines produced in the surrounding areas at 466 N. 5^th Street. Staff accepted the application on October 24, 2017 and began processing the application for a conditional use permit.

The requirements of a conditional use permit are intended to prevent problems associated with commercial establishments involved in the sale of alcohol for consumption on-site (on-sale) or off-premises (off-sale), and to prevent over-concentration. It has been demonstrated that such establishments can adversely affect nearby commercial and residential uses and can create substantial demands for police services. Therefore, the purpose of the CUP is to establish regulations to govern land uses involved in the dispensing of alcoholic beverages.

Project Summary:  The project applicant proposes to open a taproom to serve beer and wine to customers at 466 N. 5^th Street. A taproom operates the same as any other bar or lounge that serves alcoholic beverages but focuses on beer and sometimes wine. In this case the applicant is proposing to serve beer and wine only from local influences. This permit does not authorize the applicant to produce beer on-site without subsequent approval by the Planning Commission and modification of this use permit. The application submitted stated that minor production may occur on the premises in the future but there was not enough information at the time to permit this activity under this application.  

CUP Analysis

General Plan/Zoning Consistency: The current zoning and land use designation for the subject property is (CG) Commercial General. Taprooms fall under the land use classification of Bars/night clubs/lounges which are businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks. This classification includes establishments that provide dancing or entertainment. In accordance with the Coalinga Planning and Zoning Code, these uses are permitted subject to approval of a conditional use permit.

Location/Building (APN: 072-111-16ST): The proposed taproom is to be located at 466 N. 5^th Street located between Birch and Cedar in the downtown plaza overlay district. The building is approximately 2,000 square feet which was previously used as an office building for the CA State Department of Conservation, Division of Oil and Gas. Interior tenant improvements will need to be made to accommodate the new use.

Surrounding Land Use Setting:

Staff has determined that there are no land use compatibility and/or transitional concerns related to the placement and approval of this use.

Operations: The taproom will be operated by the owner of the property as a sole proprietor. The sale of alcohol will only be permitted within the existing 2,000 s/f building. The 500 square foot accessory garage will be used for storage. This will not be an occupiable space for patrons. Beer and wine will be the only permitted alcoholic beverages to be sold on these premises. No spirits will be sold at this location. All sales will be monitored by the department of alcoholic beverage control (ABC) and strictly enforced.

Hours: The applicant plans to operate the taproom on the weekends (Friday - Sunday) from 12pm to 10pm.  

Noise: To The proposed use does not include live entertainment, amplified music, or music speakers outside. Background music within the tasting room area will be conducted entirely within the existing building and should not create a noise impact to the surrounding uses due to the existing uses. Furthermore, conditions of approval address restrictions on entertainment and noise to reduce impacts to adjacent residents. If music is to be allowed outside, a noise management plan shall be submitted to the Community Development Department for review and approval by the Community Development Director and Police Chief. Said plan shall establish the method by which noise impacts, including but not limited to, amplified music and patron noise from within the facility as well as patrons/pedestrians outside of the facility in the back area or on the adjacent public sidewalk/street will be regulated to avoid disruption to the immediate neighborhood. Noise levels shall not exceed 65 db levels from any surrounding residential areas adjacent to the subject property.

Special Events: There may be cases where special events take place at this location and the applicant will be required to ensure the appropriate measures are taken to provide adequate crown control and noise control. Permit requirements and measures are addressed in the conditions of approval.

Lighting: Exterior lighting will need to adequately illuminate the sidewalk and other public ways in front of the business at closing times and insure the safety of patrons and discourage loitering in front of the business. Staff will work with the applicant to ensure that the decorative lights on Plaza are in working condition to ensure lighting is adequate at the time of occupancy. Staff has included as a condition of approval to ensure adequate lighting including additional pack lighting on the building. 

Parking: The site has the ability to accommodate 2 off-street parking spaces. In accordance with the Planning and Zoning Code, the parking requirement for this type of use is 1 space per 75 s/f of seating area. Therefore, the maximum required parking demand for this site is 26 taking into account full open seating within the taproom. Although the site cannot accommodate the required parking spaces, the zoning code does allow the number of parking spaces required by Table 4.4 to be reduced as well in certain circumstances on-street parking availability and the availability of public parking can’t help off-set the on-site parking demand. Ample on-street public parking is available within and on the plaza from Elm Ave to Birch. This building is to be treated similar to other businesses located in the plaza who rely on on-street/downtown parking facilities to accommodate their parking demands.

If parking shortages or other parking-related problems develop, conditions of approval will require the business operator to institute appropriate operational measures necessary to minimize or eliminate the problem including, but not limited to, adjusting the operating hours of the business.

Public Notification: Public hearing notices were sent to all property owners within 300’ feet of the site as required by Local and State law.

Environmental Considerations: The proposed project has been determined to be exempt from CEQA in accordance with Section 15301(a) for existing facilities. A notice of exemption will be filed with the Fresno County Clerk’s Office once approval has been granted for this application.

A Conditional Use Permit shall only be granted if the Planning Commission determines that the project as submitted or as modified conforms to all of the following criteria. If the Planning Commission determines that it is not possible to make all of the required findings, the application shall be denied. The specific basis for denial shall be established for the record.

General Plan consistency:  Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted;

This project furthers the advancement of the goals and objectives of the general plan by providing a diversification of uses in the commercial zone and downtown overlay districts of the City.  The proposed use is consistent with the uses allowed in the general commercial zoning district and does not pose a threat to the health, safety, and welfare of the adjacent properties or the community as a whole.

GP Policy LU1-2

Retain and expand diversified business opportunities that are compatible with the environment, community values and community vision of the City.

GP Policy LU1-3

Attract new businesses to the City that are compatible with the community vision and improve the balance among commercial, professional office, and industrial businesses so that the needs of Coalinga residents are provided for without compromising the community character.

GP Policy LU5-1

The City shall actively encourage expanded commercial/retail shopping opportunities and employment generating uses in the Downtown area, generally defined as the square-shaped area between Van Ness Street to the north, Polk Street to the south, Sunset Street to the west and Hayes Street to the east, especially infill development.

GP Policy LU5-2

The City shall enhance the City’s historic Downtown Core by creating an efficient, attractive, and pedestrian-oriented area that reflects the City’s historic character while providing a diverse mix of uses

Neighborhood compatibility:  The location, size, design, bulk, coverage, density, traffic generation and operating characteristics of the proposed project are consistent with the purposes of the district where it is located, and will not have an adverse effect on the neighborhood and surrounding properties;

The proposed use meets and/or exceeds all development regulations for the district that it is located and shows similar operational characteristics to its surroundings uses and zoning designations which will eliminate any adverse effect on the neighborhood and surrounding properties. With the development regulations placed on the proposed use, it will not have a significant impact on traffic and noise within the surrounding areas.

Asset for the neighborhood:  The nature, use and architectural/design features of the proposed development make it attractive, functional and convenient. The proposed development enhances the successful operation of the surrounding area in its basic community functions, or provides an essential service to the community or region.

With the establishment of this use, there will be a reduction in vacant buildings and provide another service that is regularly used within the Community. Taprooms are a form of bar/lounge with a reduced impact to that of a traditional bar where spirits are served. Taprooms are traditionally limited to beer and wine with a unique concentration on local producers.