HomeMy WebLinkAboutBackground ReportBACKGROUND REPORT
Site Characteristics
The project site is an existing restaurant located between two commercial
centers at the east end of Plaza Blvd. between Olive Street and East 8th Street;
the building was constructed in 1975 as a produce market. Building plans on file
show a total of 28 parking spaces on site dedicated to the business. The
restaurant (Tita's II) applied for a business license in July of this year, although
there has been a restaurant at this location for many years. The previous
restaurant (Manila Tokyo) was issued an alcohol permit from the Department of
Alcoholic Beverage Control (ABC) in 1993. The applicants have operated
another business, Tita's Kitchenette, at 2720 Plaza Blvd for almost 20 years.
The owners of Tita's restaurant were transferred the ABC license in September
of this year. The Type 41 license (On -Sale Beer and Wine for Bona Fide Public
Eating Place), is considered non -conforming as there is no Conditional Use
Permit (CUP) on file for the property — the City's CUP requirement for alcohol
sales was not instituted until 2003. The existing license has four conditions:
• Entertainment shall not be audible outside of business premises;
• No bar;
• No alcohol sales between midnight and 6:00 a.m.;
• Alcohol sales shall not exceed the sale of food.
There is an existing non -permitted addition on the south side of the building. The
addition expands the restaurant by approximately 299 square feet.
Proposed Use
The applicant wishes to continue to operate under a Type 41 license (no distilled
spirits sales are being requested). However, the applicant is requesting to
expand the restaurant including legalizing the non -permitted addition, adding a
walk-in freezer, stage and DJ area, and two outdoor dining areas. No alcohol is
proposed to be served outside. The original application included the addition of a
bar; however, the applicant has since retracted that part of the request
The restaurant operation proposal includes being open from 10:00 a.m. until 1:00
a.m. daily, with alcohol sales ceasing at midnight. From 10:00 a.m. until 5:00
p.m. the restaurant would provide short-order service; from 5:00 p.m. until 7:00
p.m. (happy hour) a buffet service would be provided; a set dinner menu would
be offered from 7:00 p.m. until close. The restaurant also proposes to provide
take-out and catering service.
The restaurant would also offer entertainment, starting during happy hour and
continuing until closing. The applicant has stated that entertainers may be solo or
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in a group — focusing on local musicians but does not intend to have any
concert events. They have also stated that soundproofing material has been
installed in the building.
Analysis
Addition/Remodel
As part of the new restaurant ownership, the applicants are remodeling the
building by expanding the kitchen storages area (walk-in cooler), requesting the
legalization of the non -permitted addition, adding two outdoor patio areas, with
new awnings, and refinishing the outside walls. The walls of the building would
be finished with stucco and repainted. A new awning is proposed for the main
entrance and also above each of the patios. A low stone veneer wall is proposed
around the outside seating areas. Although not part of the CUP application (no
alcohol is proposed outside), the remodeling of the restaurant will improve the
appearance of the business, bringing it more in line with the quality restaurant
model the applicant is seeking to portray. Landscaping is a large part of the
upgrade, with additional plants throughout the property frontages and adjacent to
the building. There are already multiple palms and other trees along the Plaza
Blvd. frontage.
The proposed bar is approximately 15 feet long and has six seats at the service
side of the bar. There are six more seats facing the main dining room in the same
area. The whole bar area is approximately 109 square feet in size. The proposed
stage is located along the south side of the building, the area of the non -
permitted expansion. The stage would be 411 square feet in size. There is also a
small DJ area in the dining room that is around 36 square feet in size.
Parking
Parking for restaurants is based on the amount of fixed seats and other areas
where people may assemble. Plans show 36 fixed seats, 12 bar seats and 80
moveable seats (tables in the main dining area). The outside seating areas would
be able to accommodate a further 58 seats.
As mentioned above, plans on file show 28 existing parking spaces. The addition
of a new walk-in freezer (158 square feet) and the legalization of the non -
permitted (299 square feet) would not trigger additional parking spaces, as
parking standards for restaurants are based on the number of seats. However,
two additional parking spaces are to be provided — project plans show 30 spaces
proposed. It should be noted that the layout of the parking lot is not completely
per code. For example, the back up space for the spaces on the north side of the
building is not the minimum 24 feet required. However, there is room to fit 30
spaces if the aforementioned spaces are changed to angled spaces. A Condition
of Approval has been added to require a parking lot configuration consistent with
The Land Use Code. The parking lot plan will be evaluated during the building
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permit process. Outdoor seating areas have not historically required additional
parking and have not been required to be parked in this case.
Alcohol
Chapter 18.71 of the National City Land Use Code allows for on -site alcohol
sales with an approved Conditional Use Permit (CUP). Pursuant to Section
18.71.030, a community meeting was held Tuesday, November 9, 2010 at 6:00
p.m. at the Chamber of Commerce. The applicant states that all owners and
occupants within 660 feet of the store were notified by mail of the meeting. A
sign -in sheet and meeting minutes are attached. According to the sign -in sheet,
nine persons attended the meeting, including three local residents, a
representative from the National City Chamber of Commerce and the
applicant(s).
Community Meeting
A community meeting was held, at which time questions were raised regarding
previous noise issues, the type of clientele targeted and odors emanating from
the business. The applicant provided a phone number to attendees in the event
that noise became an issue; stated that they wished to provide an environment
for both families and professionals; and also stated that a new kitchen hood was
to be installed and the kitchen cleaned prior to opening to prevent cooking odors
from proliferating. With regard to clientele, the applicant stated that they wanted
to create an atmosphere where both families with children and people coming in
to unwind would feel comfortable. They stated that alcohol and entertainment
were intended to bring patrons in to purchase food, not the other way around.
They do not want to run a 'dive bar'.
In an effort to assuage concerns over a focus on alcohol sales, a Condition of
Approval has been included to prohibit the sale of alcohol without the purchase of
food. Furthermore, this is consistent with other recent approvals, such as
Anthony's restaurant approved last month.
Alcohol Sales Concentration
Per California State Alcoholic Beverage Control (ABC), there are currently no on -
sale permits issued in this census tract (119.02), where six are allowed. Given
that there are no other such licenses and that this is an existing license, no over -
concentration would result in the issuance of this CUP.
Police Department comments
The Police Department has objected to the issuance of a Conditional Use Permit
for the addition of the bar and stage within the bar, stating that this would be
more like a nightclub than a restaurant. They also suggest that the business
conform to their existing ABC permit conditions as stated above.
In their comments, PD states that there are currently 99 alcohol licenses issued
in National City, or roughly 11.6 outlets per square mile. Furthermore, it was
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stated that until the Police Department had the budget to deploy a dedicated unit
to regulate these alcohol establishments, a moratorium on new alcohol CUPs
should be considered.
Institute for Public Strategies comments
Comments from the Institute for Public Strategies (IPS) indicated concerns over
live entertainment encouraging the transition to a dancing venue, and no alcohol
sales after midnight (addressed in Condition No. 8).
Fire Department comments
Comments were provided by the Fire Department related to the tenant
improvements and construction activities. These comments are included as
Conditions of Approval under "Fire".
Conditions of Approval
Standard Conditions of Approval have been included with this permit, as well as
conditions specific to on -sale alcohol sales (no sale of alcohol without food,
annual reporting of food/alcohol sales). Conditions have also been included to
prohibit the delivery or take-out of alcohol and to comply with Municipal Code
noise limitations.
Planning Commission
The Planning Commission conducted public hearings on November 22 and
December 6, 2010. Four residents spoke on the item, three with concerns over
noise and community impacts, and one in support of the proposal.
Commissioners asked questions regarding conditions of approval and about the
CUP revocation process. At the second meeting, the applicant stated that they
were no longer going to install a bar as part of the project, would conduct a
sound study and that no outside service would occur after 9:00 p.m. The
Commission voted to approve the CUP based on required findings and subject to
Conditions of Approval. Staff was asked to report back to the Commission in one
year on the status of business operations.
Summary
The sale of alcohol for on -site consumption at Tita's II will contribute to the
viability of a restaurant, a permitted use within the Limited Commercial zone.
Conditions of Approval for live entertainment and the sale of alcohol are intended
to reduce the potential for adverse effects on area uses. Furthermore, the
remodeling currently under way at the restaurant will help to create a new
commercial draw to the area.
Although the alcohol license exists, the addition of entertainment may change the
dynamic of the clientele frequenting the business, potentially contributing to
additional calls for police service. In addition, limited Police resources would make it
difficult to ensure compliance with the increasing number of alcohol licenses
citywide.
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