Agenda Item 1

City of Paso Robles Planning Commission Agenda Report

From: Lori Wilson, Assistant Planner

Subject: Conditional Use Permit (CUP) 21-17 (Vin 13 – Ruben Anthony Arroyo applicant) 1244 Pine Street, Unit C To consider application recommendation to City Council for a CUP for a within an existing commercial building with the determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 42 license by the Department of Alcoholic Beverage Control (ABC) (P21-0043).

Date: July 13, 2021

Facts

1. The wine bar would be located within the existing building located at 1244 Pine Street, See Attachment 1, Vicinity Map.

2. The building is located in the TC-1 (Town Center) zoning district and has a Downtown Commercial (DC) General Plan Land Use designation.

3. Table 5.3-1 of the Uptown/ Town Center Specific Plan requires a Conditional Use Permit (CUP) for bars and cocktail lounges, which would include wine bars in the TC-1 zone.

4. The Vin 13 business would be a lounge that would serve various international and local paired with limited food options. The applicant, Mr. Arroyo, proposes the business be open Sunday through Thursday from 10:00 AM until 11:00 PM, and on Friday and Saturday from 10:00 AM until 12:00 AM. With the exception of New Year’s Eve hours may be extended until 2:00 AM. The California State Department of and Beverage Control (ABC) has confirmed these hours as part of the applicant’s application to receive an ABC License.

5. This CUP is also requesting that the space be utilized to hold private events up to two times a month. Events would consist of renting out the entire space to individual parties for private wine tastings. Private events are proposed to be held during evening hours from 5:00 PM to 11:00 PM Sunday through Thursday and 5:00 PM to 12:00 AM on Friday and Saturdays.

6. As part of this CUP, there would be a house music system, which includes digital background music and an occasional guitar player. All music would be kept indoors; any outside music is prohibited with this CUP.

7. There is public parking available along 13th Street at the front of the building. Since there is no change of occupancy nor is there an increase of square footage proposed with this conditional use permit request, no additional parking is required.

8. As part of the Conditional Use Permit process, Mr. Arroyo has applied for a Type 42 license with the ABC to authorize the sale and on-site consumption of wine.

9 Agenda Item 1

9. It has been determined by ABC staff that there is an “undue concentration” in relation to the number of alcohol related licenses that currently exist in that area of the City (Census Tract 0101.02). As a result of the undue concentration, California Code Section 23958.4 requires that “the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.

10. The City was notified by the ABC that it is necessary for the City to make a finding of public convenience in relation to the request for a Type 42 license at 1244 Pine Street.

11. Since the City Council is the City’s governing body, the Council has the ability to make a determination that either a public convenience or necessity would be served by the issuance of a Type 42 License. The Planning Commission’s role is to offer a recommendation of the project as a whole, since the Conditional Use Permit is based on the determination that public convenience or necessity would be served.

12. The Development Review Committee (DRC) reviewed this project at their meeting on June 7, 2021, and were in favor of the conditional use permit request.

13. This application is Categorically Exempt from environmental review per Section 15301 (existing facilities) of the State’s Guidelines to Implement the California Environmental Quality Act (CEQA).

Options After consideration of any public testimony, the Planning Commission should consider the following options:

1. Recommend approval of the project to City Council as follows:

a. Approve draft Resolution A; recommending approval of Conditional Use Permit 21-17, subject to site specific conditions of approval; and

b. Approve draft Resolution B; recommending the determination that Public Convenience or Necessity would be served by the issuance of a Type 42 ABC license for Vin 13 located at 1244 Pine Street;

2. Recommend approval of the project to City Council with modifications to either Resolution A and / or Resolution B;

3. Continue and refer back to staff for additional analysis.

4. Recommend the City Council deny the CUP and PNC applications based on findings.

Analysis and Conclusions This request to sell wine is consistent with other uses in the Downtown, such as wine tasting rooms. Under the ABC License requirements, a Type 42 license allows the applicant to sell a variety of different seller’s wines as opposed to wine tasting rooms which are limited to selling the winery’s own selection. The Type 42 license also allows for the sale and on-site consumption of . A finding of public convenience or necessity by the City Council for the Vin 13 bar would seem appropriate and be consistent with other uses in the Downtown.

10 Agenda Item 1

As part of the ABC license process, public notification to residents within 100-feet of the property requesting the ABC license is required. ABC staff indicated they did not receive any public comments or objections from residents as part of the Vin 13 license process. The Planning Commission will need to review this CUP request to determine if the proposed use is compatible in the TC-1 zone. The CUP gives the Planning Commission the ability to require special conditions of approval to ensure that a particular use is compatible with surrounding uses. Project Summary For the Planning Commission to consider a request to establish a wine bar within an existing commercial building with the determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 42 license by the Department of Alcoholic Beverage Control (ABC).

General Plan / Zoning Consistency The zoning is TC-1 which applies to the area occupied by Paso Robles’ historic Downtown. The TC-1 zone conditionally allows bars and cocktail lounges, which would include wine/beer lounges.

Neighborhood Compatibility / Site Design Issues The applicant has provided a site plan and floor plan of the existing building (See Exhibit B to Attachment 2, Site Plan). No changes to the interior space are proposed. Since the occupancy of the building is not changing, no additional parking is required. The surrounding blocks are majority commercial uses, including a wine tasting room, bar and retail shop immediately adjacent to the site. Various second story offices are located in the vicinity of the project site.

As part of the applicant’s request, the proposed use will also include background music and an occasional guitar player (See Attachment 2, Applicant’s Statement). Outdoor entertainment, such as but not limited to live bands and amplified music, are prohibited with this CUP. As part of the ABC license process, public notification to residents within 100-feet of the property requesting the ABC license is required. ABC staff indicated they did not receive any inquiries or concerns regarding the ABC license.

Architecture and Appearance The applicant has indicated there will be no exterior changes to the building. A condition of approval has been added to ensure any future signage be approved by the DRC.

CEQA issues This application is Categorically Exempt from environmental review per Section 15301 (existing facilities) of the State’s Guidelines to Implement the California Environmental Quality Act (CEQA).

11 Agenda Item 1

Options Option 1. Recommending approval of the wine bar with the determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 42 license by the Department of Alcoholic Beverage Control (ABC) would be consistent with the surrounding Downtown uses, and the TC-1 zoning designation. Additionally, the City promotes itself as a wine destination through the Travel Paso Robles Alliance, a marketing tool for the City.

Option 2. Option 2 takes into account that the proposed use may require additional conditions of approval to make it more compatible with surrounding uses, such as limiting the hours of operation.

Option 3. Continuing the item to a future Planning Commission meeting would allow staff to work with the applicant and further review the compatibility of the use as it is proposed.

Option 4. Option 4 takes into account that there is an “undue concentration” in relation to the number of alcohol related licenses that currently exist in the Downtown and that the City may consider limiting the issuance of PCN determinations. However, consistency with the City’s tourism and economic development goals should be considered, as the City has branded itself as a wine destination to encourage visitation by wine tasters.

Fiscal Impact

Positive: Expansion of entertainment uses within the Downtown core is consistent with the City’s economic development goals.

Recommendation Option 1 – Recommending approval of the wine bar with the determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 42 license by the Department of Alcoholic Beverage Control (ABC) consistent with the surrounding Downtown uses, and the TC-1 zoning designation by the following actions:

a. Approve draft Resolution A; recommending approval of Conditional Use Permit 21-17, subject to site specific conditions of approval; and

b. Approve draft Resolution B; recommending the determination that Public Convenience or Necessity would be served by the issuance of a Type 42 ABC license for Vin 13 located at 1244 Pine Street.

Attachments 1. Vicinity Map 2. Applicant’s Statement 3. Draft Resolution A 4. Draft Resolution B 5. Mail affidavit 6. Newspaper affidavit

12 Agenda Item 1 Attachment 1 - Vicinity Map

1244 Pine street, Unit C

13 Agenda Item 1 Attachment 2

Vin 13 Bar & Cellar, Inc. Business Plan

Executive Summary

Our business, Vin 13 Bar & Cellar, Inc., will provide customers an intimate environment to enhance their understanding and appreciation of wine by offering wine tasting classes. In addition, should customers not need or want a wine tasting class, they will have the opportunity to purchase wine flights to showcase various local, national and international wines. This part of the business will operate from 10:00 a.m. to 5 :00 p.m. Customers will be able to make reservations or walk in for a 45 minute to 1 hour wine tasting education or to enjoy a wine flight of various wines from Paso Robles and wineries throughout California and the world.

At 5 :00 p.m. our business will transition to a wine bar where customers can enjoy various wines with friends. The wine bar will be open until 9:00 p.m.

Management Team

Raymond Fairchild: Mr. Fairchild is a successful businessperson owning an insurance brokerage firm in Southern California since 1992. Over the years, he has developed a true love of wine, is passionate about the wines in Paso Robles and has become a self­ described connoisseur of wines.

Ruben "Anthony" Arroyo: Mr. Arroyo is a senior executive with a municipal agency in Southern California. He brings with him over 20 years of managing people and projects. Mr. Arroyo is passionate about wine and food and considers himself a modest chef.

Troy Tucker: Mr. Tucker is an Introductory Level Sommelier who thoroughly enjoys educating people on the proper ways in which to taste wine. He brings many years of experience working in various wine venues in the Paso Robles area. He has an innate ability to describe wines-and doing so in such a way that his clients/customers will remember for years to come the characteristics of the wines they taste.

14 Agenda Item 1 Attachment 2

Goals/Objectives

Our proposed location is unique in that there are few, if any, wine bars that offer a variety of wines. We know there are tasting rooms offering wines that are exclusive to their winery. Based on the area where we anticipate opening our business, there are few, if any, wine bars, that will offer local, national and international wines.

As such, our aim is two-fold: educate those who want to learn more about wine, how to taste it, and how to truly and thoroughly enjoy wine. The second goal is to allow our guests a place to relax by enjoying various wines we will offer in an intimate and comfortable environment.

We strongly believe that we offer a unique experience to those who will frequent our business-from residents who want to experience wines from outside of the Paso Robles area to the tourist who visits the Central Coast/Paso Robles to experience local wines.

Business Operations

Vin 13 Bar & Cellar will operate from 10:00 a.m. to 9:00 p.m.; wine education will be offered between 10:00 a.m. to 5:00 p.m. then a wine bar from 5:00 p.m. to 9:00 p.m. The management team will apply for a Type 42 (beer and wine premises) ABC license. Within a short time after opening, we will feature some local winemakers who will discuss the wines they produce. We will not have any live music or events of any kind requiring a special permit; only music played from a stereo or wireless/Internet based system. Events featuring winemakers will be advertised at the respective winemaker's place of business and/or social media. We will abide by the local ordinances regarding the number of people allowed in our business.

The City of Paso Robles has made public parking a simple process by way of the "Way to Park" app. As such, our customers will be able to park in the downtown area and easily walk to Vin 13 Bar & Cellar.

15 Agenda Item 1 Attachment 2

Vin 13 will have two to three part-time employees who will be managed by Mr. Tucker. The management team has already discussed our business with certain individuals in the wine industry; we anticipate having these employees hired when our doors open.

Marketing Strategy

Our location at 1244 Pine St. offers a great opportunity for pedestrian traffic. We anticipate our guests will stop at our business to learn about wines prior to go wine tasting or stop by before or after enjoying dinner a one of Paso Robles' fine restaurants.

However, we know that the tourist who is planning a trip to Paso Robles will not know of us. We anticipate advertising in various tourist magazines and rely heavily on social media.

Timeline

Should all regulatory requirements be met in a timely manner, we would anticipate opening our business by or shortly after August 1, 2021. We are hopeful any Covid­ related restrictions on tasting rooms will be modified or lifted by then. However, we anticipate being able to offer our educational classes and wine bar adhering to any restrictions that may be in place.

16 Agenda Item 1

Attachment 3 Draft Resolution A

RESOLUTION NO PC 21-XXX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL PASO DE ROBLES RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR CONDITIONAL USE PERMIT 21-17 AT 1244 PINE STREET, UNIT C (ANTHONY ARROYO – VIN 13) APN: 009-046-001

WHEREAS, the applicant, Anthony Arroyo, has filed a Conditional Use Permit (CUP) application to allow the establishment of a wine bar within an existing commercial building with the determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 42 license by the Department of Alcoholic Beverage Control (ABC); and

WHEREAS, Table 5.3-1 of the Uptown Town Center Specific Plan (Specific Plan) of the City of El Paso de Robles requires approval of a Conditional Use Permit for bars and cocktail lounges, which would include wine bars, in the TC-1 (Town Center) zoning district; and

WHEREAS, as part of the request for a Conditional Use Permit, the Planning Commission recommended to the City Council of the City of El Paso de Robles the determination that Public Convenience would be served by the issuance of a Type 42 ABC license for Vin 13 at 1244 Pine Street, Unit C, based on the wine lounge establishment being consistent with similar establishments in the Downtown; and

WHEREAS, this application is Categorically Exempt from environmental review per Section 15301 (existing building) of the State’s Guidelines to Implement CEQA; and

WHEREAS, a duly noticed public hearing was conducted by the Planning Commission on July 13, 2021, to consider the facts as presented in the staff report prepared for this project, and to accept public testimony regarding this conditional use permit request; and

WHEREAS, based upon the facts and analysis presented in the staff report and public testimony received and subject to the conditions of approval listed below, the Planning Commission finds that the establishment, maintenance and operation for the requested use and building would be consistent with the General Plan and not be detrimental to the health, safety, morals, comfort, convenience and general welfare of the persons residing or working in the neighborhood of such proposed use, or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

Section 1 - Findings: based upon the facts and analysis presented in the staff report, public testimony received and subject to the conditions listed below, the Planning Commission makes the following findings:

1. The proposed use is consistent with the General Plan and Uptown / Town Center Specific Plan; and

2. The proposed use satisfies the applicable provisions of this Paso Robles Zoning Ordinance; and

17 Agenda Item 1

3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and

4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and

5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood; and

Section 2- Environmental Determination: This projects qualifies for as categorically exempt from environmental review per Section 15301 (existing building) of the California Environmental Quality Act Guidelines.

Section 3 - Approval: Conditional Use Permit 21-17 is recommended for approval subject to the following:

1. This Conditional Use Permit (CUP) authorizes the establishment of a wine bar within an existing commercial building with the determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 42 license by the Department of Alcoholic Beverage Control (ABC), as shown on Exhibit B (Site Plan).

2. The project shall be constructed so as to substantially conform with the following listed exhibits established by this resolution:

EXHIBIT DESCRIPTION A Project Conditions B Floor Plan

PASSED AND ADOPTED THIS 13h Day of July 2021 by the following Roll Call Vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MARK KOEGLER, CHAIRPERSON ATTEST:

WARREN FRACE, SECRETARY OF THE PLANNING COMMISSION

Exhibit A Exhibit B

18 Agenda Item 1

Exhibit A Conditions of Approval – CUP 21-17

Planning Division Conditions: 1. This Conditional Use Permit (CUP) authorizes the establishment of a wine bar within an existing commercial building with the determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 42 license by the Department of Alcoholic Beverage Control (ABC).

2. This CUP limits alcohol sales and consumption to beer and wine. Any changes to the ABC license type shall require amendment to this conditional use permit.

3. The hours of operation will be Sunday through Thursday from 10:00 AM until 11:00 PM, and on Friday and Saturday from 10:00 AM until 12:00 AM. With the exception of New Years Eve, hours may be extended until 2:00 AM.

4. The CUP allows for the ability to hold up to two private events per month, the number of people within the establishment is subject to complying with the Building and Fire Codes.

5. Outdoor entertainment, such as but not limited to live bands and amplified music are prohibited with this CUP.

6. The project shall substantially conform to Exhibit B, Floor Plan.

7. Prior to the issuance of a Business License, any tenant improvements required to bring the building up to Code related to the auto repair use shall be completed.

8. Prior to the installation of any identification signage on the building, a sign permit shall be approved by the Development Review Committee (DRC).

9. The applicant shall submit tenant improvement plans prepared by a registered design professional, showing compliance with all applicable building and fire codes and obtain all required building permits and inspection approvals prior to using or occupying the space.

10. Any condition imposed by the Planning Commission in granting this Conditional Use Permit may be modified or eliminated, or new conditions may be added, provided that the Planning Commission shall first conduct a public hearing in the same manner as required for the granting of the original permit. No such modification shall be made unless the Commission finds that such modification is necessary to protect the public interest and/or neighboring properties, or, in the case of deletion of an existing condition, that such action is necessary to permit reasonable operation and use under the Conditional Use Permit.

19 Agenda Item 1 Exhibit B - Floor Plan VICINITY MAP AERIAL PROJECT DATA stutzel ADDRESS, 1244 FINE ST, - SUITES 1O2/C AND 1O1/B FASO ROBLES, CA :::.::mngs1ae'T' 111hst DESIGN OCCUPANCY / USE

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rJJ; 212 213 221 REVISIONS DATE

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Attachment 4 Draft Resolution B

RESOLUTION NO. PC 21-XXX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL PASO DE ROBLES RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES THE DETERMINATION THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED WITH THE ISSUANCE OF A TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 1244 PINE STREET (ANTHONY ARROYO – VIN 13) APN: 009-046-001

WHEREAS, the applicant, Anthony Arroyo, has applied for a Type 42 license with the ABC to authorize the sale of beer and wine for on-site consumption at 1244 Pine Street, Unit C; and

WHEREAS, it has been determined by ABC staff that there is an “undue concentration” in relation to the number of alcohol related licenses that currently exist in that area of the City (Census Tract 0101.02); and

WHEREAS, as a result of the undue concentration, California Code Section 23958.4 requires that “the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance; and

WHEREAS, the City Council is the City’s governing body and has the ability to make a determination of Public Convenience or Necessity; and

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the City Council of the City of El Paso de Robles the determination that Public Convenience would be served by the issuance of a Type 42 ABC license for Vin 13 at 1244 Pine Street, based on the wine bar establishment being consistent with similar establishments in the Downtown.

21 Agenda Item 1

PASSED AND ADOPTED THIS 13th day of July 2021 by the following Roll Call Vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MARK KOEGLER, CHAIRPERSON ATTEST:

WARREN FRACE, SECRETARY OF THE PLANNING COMMISSION

22 Agenda Item 1 Attachment 5 - Mail Affidavit

C:ITY OF EL PASO DE ROBLES 11 T11e Pass of the Oaks"

AFFIDAVIT

OF MAIL NOTICES

PLANNING COMMISSION/CITY COUNCIL PROJECT NOTICING

I, Ashleigh Peterson, employee of the City of El Paso de Robles, California, do hereby certify that the mail notices have been processed as required for Conditional Use Permit 21-17, on this 2nd day of July 2021.

City of El Paso de Robles Community Development Department Planning Division

Signed:~~ Ashleigh Peterson

23 Agenda Item 1 Attachment 6 - Legal Affidavit

Beaufort Gazette The Herald - Rock Hill ,i,I Nuevo Herald - Miami Sun N;;-,vs - Myrtle Beach Belleville ~11/S-Democrat Herald Sun - Durham Modesto Bee The Ne-....s Tribune Tacoma Bellingham Herald Idaho Statesman Raleigh Ne-.vs & Observer The Telegraph - Macon Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune h~JvicCLATCHY Centre Daily Times Kansas City Star Sacramento Bee Tri-Oty Herald Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle Columbus Ledger-Enquirer Merced Sun-Star The State - Columbia Fresno Bee Mia mi Herald Sun Herald - Biloxi AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 18693 92267 Print Legal Ad - IPL0030603 Lori Wilson $140.58 2 3.21

Attention: Vikki Kuntz In The Superior Court of The State of California In and for the County of San Luis Obispo CITY OF PASO ROBLES 1000 SPRING ST. PASO ROBLES, CA 93446 No. of Insertions: 1 Beginning Issue of: 07/02/2021 Ending Issue of: 07/02/2021

NOTICE OF PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of Paso Robles Planning Commis­ sion wi ll hold a Public Hearing to consider the following project: Project Description: CUP21 -17 Wine Bar located in Town Center 1 (TC-1) Zone. Applicant: Ruben Anthony Arroyo I American Commercial Equities Three Location: 1244 Pine Street /009-046-001 CEQA Determination: This application is Categorically Exempt from envi­ Legals Clerk ronmental review per Section 15301 (existing building) of the State's Guidelines to Implement the California Environmental Quality Act (CEQA). Hearing Date: The Planning Commission will hold a Public Hearing on July STATE OF TEXAS) 13, 2021 at 6:30 p.m. at the Library Ccnference Center, 1000 Spring Street, Paso Robles, CA 93446. SS The City of Paso Robles has returned to in-person Planning Ccmmission meet­ County of Dallas) ings. The public now have the option to attend the meeting in person or to par­ ticipate remotely. To participate remotely, residents can livestream the meeting at www.prcity.com/youtube, and call (805)865-7276 to provide public comment. I am a citizen of the United States and a resident of the The phone line will open just prior to the start of the meeting. Written public County aforesaid; I am over the age of eighteen and not comments can be submitted via emai l to planning @prcity.com prior to 12:00 noon on the day of the meeting to be posted as an addendum to the agenda. If interested in the above entitled matter; I am now, and at submitting written comments, please note the agenda item by number or name. all times embraced in the publication herein mentioned Challenge to the application in court, wi ll be limited to issues raised at the ­ lic hearings or in written correspondence delivered to the Planning Commission was, the principal clerk of the printers and publishers of at, or prior to, the public hearings. The Tribune, a newspaper of general Circulation, Copies of the project staff report will be available for review on the City website (https://www.prcity.com/304/Planning- Ccmmission) on the Friday preceding printed and published daily at the City of San Luis the hearing. If you have any questions or have trouble accessing the staff report, Obispo in the above named county and state; that please contact the Community Development Department, Project Planner: Lori Wilson at (805) 237-3970 or via email at lwilson @prcity.com notice at which the annexed clippings is a true copy, was Lori Wi lson published in the above-named newspaper and not in IPL0030603 Jul 2 2021 any supplement thereof - on the following dates to wit; From 07/02/2021 To 07/02/2021 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California.

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Notary Public in and for the state of Texas, residing in Dallas County

Extra charge for lost or duplicate affidavits. 24 Legal document please do not destroy!