Loading...
HomeMy WebLinkAboutPlanning Commission Staff Report. I11/CbRkO$ATi CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 2 January 9, 2012 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING BEER AND WINE -LICENSED RESTAURANT AT CHUCK E. CHEESE'S LOCATED AT 1143 HIGHLAND AVENUE. 2011-30 CUP South side of Plaza Blvd. in South Bay Plaza 556-590-61 Martin Reeder Chuck E. Cheese's Pizza South BayS PELLC MXD-2 (Major Mixed -Use District) Commercial across Plaza Blvd. / MXD-2 Commercial in South Bay Plaza / MXD-2 Single -Family residential / RS-2 Commercial in South Bay Plaza / MXD-2 Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project location is Chuck E. Cheese's Pizza restaurant at 1143 East Plaza Boulevard, in the Major Mixed -Use District (MXD-2) zone. The existing restaurant is approximately 12,000 square feet in size and is located within the South Bay Plaza shopping center. The restaurant offers coin and token -operated games in conjunction with the restaurant. The area is mostly adjacent to other commercial uses including Plaza Village Center to the north across Plaza and to the east in Bay Plaza (Seafood City, etc) across N Avenue. Single-family residential uses are located to the south in the Single -Family Residential (RS-2) zone, atop a large embankment. History The entertainment (games) portion of the restaurant was approved under a Conditional Use Permit (CUP) in 1981 (CUP-1981-21). The facility has a nonconforming ABC (California Alcoholic Beverage Control) license for on -sale beer and wine. Proposed Use The applicant is proposing to expand the restaurant into an adjacent suite, adding 3,000 square feet to the restaurant. The application includes expanding alcohol sales into this additional area, which would be part of the gaming floor and entertainment stage area. No change to the existing sales hours is proposed. The restaurant is open from 9 a.m. to 10 p.m. Sunday to Thursday and 9 a.m. to 11 p.m. on Friday and Saturday. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). As mentioned above, no CUP for alcohol exists for this property. Therefore, the expansion of the restaurant triggers the need for a CUP for alcohol sales in the additional area. In addition, section 18.24.060 (F) of the Code requires a CUP for games of skill or amusement, thus triggering a CUP modification for the expansion area. The Code does not provide specific requirements for the gaming component (e.g., number of machines). Community Meeting Pursuant to Section 18.30.050 (C), a community meeting was held Thursday, November 17, 2011 at 7:00 p.m. at the restaurant. A sign -in sheet, minutes, and meeting advertisement are attached. According to the sign -in sheet, five people were in attendance at the meeting — one resident (and her son) and four restaurant representatives. The applicants made a presentation showing the new floor plan and fielded questions about the number of employees at the restaurant and the opening of the expansion area. Alcohol Sales Concentration/Location Per California State Alcoholic Beverage Control (ABC), there are currently ten (10) other on -sale permits issued in this census tract (117) besides Chuck E. Cheese's. These permits are: Name Trophy Lounge Royal Mandarin Thomas H. Crosby VFW Golden Chopsticks Karina's Panda Palace Ginza Sushi Lai Thai Cafe La Maze American Legion Post 255 Address 999 National City Blvd. 1132 E. Plaza Blvd. 1401 Highland Ave. 1430 E. Plaza Blvd. 1705 Highland Ave. 1105 E. Plaza Blvd. 925 E. Plaza Blvd. 1430 E. Plaza Blvd. 1441 Highland Ave. 35 E. 18th St. License Type* 48 41 52 41 41 41 41 41 47 52 * Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 48 - On -Sale General for Public Premises Type 52 - Veterans' Club Of the ten other licenses, seven are restaurants. Two of the remaining licenses are private licenses (VFW and American Foreign Legion) and the last a bar. Census tract 117 includes the area of the City between East 8th and 18th Street, and between National City Blvd. and Palm Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of eight on -sale alcohol permits be issued in this census tract, where eleven exist. Chapter 18.030.050 (D), which usually applies with regard to distance requirements from other uses (for the expansion area), requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from these distance requirements. The nearest school in Central Elementary, which is located approximately a half -mile away. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 21) had a 2009 crime rate of 109.7%, below the 120% considered to be a high crime area. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Chuck E. Cheese's received 14 points, which would indicate a medium risk. The Risk Assessment is attached. Institute for Public Strategies comments An assessment of the proposal was also received from the Institute for Public Strategies (IPS). Issues mentioned were alcohol outlet concentrations in the area, surrounding uses, and RBSS (Responsible Beverage Sales and Service) training, the latter of which is included as a Condition of Approval Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales (alcohol incidental to food, hours of operation, RBSS training). Fire Department comments have also been included as conditions. In addition, based on information in the original CUP file, conditions have been added prohibiting a bar or live entertainment. Summary Chuck E. Cheese's Pizza has been in business at this location since 1981. No concerns have been noted regarding business operations or associated crime in that timeframe. Although the census tract in which the restaurant is located is over -concentrated with regard to on -sale alcohol licenses, no additional licenses are being added, solely a modification to the existing ABC license. Additionally, this CUP will legitimize an existing non -conforming licensing situation, and will provide current Conditions of Approval consistent with City policy. RECOMMENDATION Approve 2011-30 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Information (Advertisement, notice and sign -in sheet) 6. Fire and Police Department comments 7. Public Hearing Notice (Sent to 338 property owners and occupants) 8. Notice of Exemption 9. Applicant's Plans (Exhibit A, case file no. 2011-30 CUP, dated 11/17/2011) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2011-30 CUP, 1143 Highland Avenue 1 That the site for the proposed use is adequate in size and shape, since the proposed use is an existing accessory use to the restaurant use in an existing commercial area, and the 3,000 square -foot expansion of alcohol sales and gaming area into an existing commercial suite is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Blvd. is classified as an arterial street in the Circulation Element, and the expansion into an existing commercial suite is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is compatible with other nearby businesses; and since the proposed use is and will continue to be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL 2011-30 CUP, 1143 Highland Avenue 1. That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2011-30 CUP, 1143 Highland Avenue General 1. This Conditional Use Permit authorizes the 3,000 square -foot expansion of an existing restaurant, with accessory games of amusement, and skill and beer and wine sales, located at 1143 East Plaza Boulevard. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in Planning Commission Resolution 38-81 are still in effect. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2011-30 CUP, dated 11/17/2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Fire 7. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association Codes and Standards. 8. Occupancy for the additional area in which the expansion will be taking place shall be an A-2 occupancy, as determined by the California Fire Code, 2010 edition, Chapter 9, Section 903.2.1.2. 9. If a sprinkler and/or alarm system is required, plans for such systems shall be submitted directly to the National City Fire Department. 10. Signage is required for all fire alarm and fire sprinkler coverage. Please consult with the National City Fire Department for City Fire requirements. Planning 11. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 11:00 p.m. seven days a week. 12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 14. Alcohol shall be available only in conjunction with the purchase of food. 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16. No bar is permitted as part of this approval. 17. No live entertainment, karaoke, or dancing is permitted as part of this approval. Police 18. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. Sw National 106.02 City of National City CENSUS TRACTS CORONADO? NATIONAL -. CITY +. 0.5 CHULA VISTA 1 SAIlLjeArasir September 2003 Miles A ater Marsh Id e Refug 125.00 1 3- '0 Henderson '' �.-.,—. 4t� Recreation f Center.. Beet —st \— \ r'CJ t, �+ Jill 11 ms �tr" : �'`� L Y 11 ,•s•i 1 1 �' ;n sty 7ks7,6..,0 f •h e ,rtttt ids Y� t a? t W —_ 'otota Av 1 2tDJd-7 J ;\ j `=— A3 C�jS� C — % 11 t1 1 «,�'`�� 11, I.VJ 3,��,. \' ' \\- ,241 -*-1- li .. . `-', '',si'altz)r ,;- %- .4 .re___..,_,,T _-.,,, ll Js_ \p��x,�` i Copyrgh10''and (P)1988=2006iMicro}soft Corporatioyandldritstsupp g 1990-2005I taIIShield-SoftwareCorporation.Allrights:reserved. Certain mappingaf di}�ectldn data © 20051NAVtEQ.'All rights reserved. NAVVEQ and NAVVEB ON BOARD;are trademark"s�of NAVVEQ. © 2005 Tele Atlas North America, Inca All nghtsreserued. Tsle,Atlas and Teler'Ailas North'Ame'rica are trademarks of Tele Atlaslnc. `5ti `"j' \ \ �`r:. =1 Source: Microsoft Mappoint NCPD CAU, 4/18/07 At .Las Palmastt�, li iler`sSAII n htslrreservedt Portions City of National City Beat 21 L11 (HUCNCHIISI'$ COMMUNITY MEETING NOVEMBER 17, 2011 7:00 PM at CHUCK E. CHEESE'S 1143 HIGHLAND AVENUE NATIONAL CITY, CA 91950 Please be advised Chuck E. Cheese's proposes to expand it's operation by approximately 3,000 sf into adjacent space. National City requires a Community Meeting when requesting more than four games of skill and amusement and when the area for beer and wine sales and consumption is expanded in the MXD-2 zoning. The concept will not change. The operation will remain the same - which is a pizza restaurant and family entertainment center serving lunch and dinner. The menu includes pizza, sandwiches, salad bar, appetizers, soft drinks, beer and wine. The expansion is in response to a successful operation at this location for over 25 years. The expansion will allow better service to our guests and the community of National City. Alice Winters Debbi Shannon Office: 972/258-5523 Office: 972/258-5457 Cell: 214/616-8973 NATIONAL CITY COMMUNITY MEETING NOVEMBER 17, 2011 CIIUSKLSHEISE'S PRINTED NAME SIGNATURE ADDRESS 1 Q Y1aS , . 1::41, 1 IJCC.C_ 610 i K )Ctha Jlvdk tJ NS`U 2 J 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MINUTES OF COMMUNITY MEETING Pursuant to Land Use Code 18.30.050 C, a Community Meeting was hosted by CEC Entertainment, Inc. dba Chuck E. Cheese's on November 17, 2011 at 7:00 pm at Chuck E. Cheese's, 1143 Highland Avenue, National City, CA 91950. Over 300 copies of the attached notice were mailed on November 1, 2011 to residents, occupants and property owners within 660 feet of the exterior boundaries of the property. One person and her 3 year son attended. See attached sign-up sheet. Those hosting and attending the meeting from CEC were the following: Deborah Shannon, Assistant Secretary Mindy Brown, District Manager Angela Sisson, General Manager and Alice Winters, Consultant. CEC presented a copy of the exterior rendering and briefly discussed the revised floor plan. There was a brief discussion regarding number of employees and date of the opening of the expansion area. The meeting was adjourned at 7:15 pm The meeting requirement is pursuant to an approximate 3000 sf expansion to the existing Chuck E. Cheese's and a zoning change to MXD-2. Alice Winters OW City of National City Fire Department Phone (619) 336-4550 Planning Department Plan Review Date: Project: Review: December 14, 2011 Chuck E. Cheese R. Hernandez/Fire Marshal Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections are completed and approved. 1) Project shall be built to code 2) The National City Fire Department utilizes all current codes and ordinances. A time of submittal, we were using the 2010 edition of the California Fire Code and the 2010 editions of NFPA 3) As this business will be expanding into additional building, please refer to the California Fire Code 2010 edition chapter 9 section 903.2.1.2 for an A-2 occupancy 4) If a sprinkler and alarm system is required, a direct submittal to the National City Fire Department is required 5) Signage will be required for all fire alarm and fire sprinkler coverage. Please consult with the National City Fire Department for AHJ requirements Note: Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 12/2/2011 BUSINESS NAME: Chuck E. Cheese ADDRESS: 1143 Highland Avenue, National City, CA 91950 OWNER NAME: CEC Entertainment Corp. DOB: UNK OWNER ADDRESS: 4441 W. Airport Frwy., Irving TX, 75062 (add additional owners on page 2) I. Type of Business VI Restaurant (1 pt) ❑ Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) Close by lOpm (2 pts) ❑ Close after lOpm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) VI Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) ❑ Average (2 pts) VI Above (3 pts) Revised: I I/1 1 1 of 2 National City Police Department VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) 1I Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) �( Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII. Owner(s) records check ❑ No criminal incidents (0 pts) lz( Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 14 OWNER NAME: CEC Entertainment Corp. DOB: UNK OWNER ADDRESS: 4441 W. Airport Frwy., Irving TX, 75062 OWNER NAME: South Bay LLC (Property Owner) DOB: N/A OWNER ADDRESS: C/O Cal -American Corp; 1109 Westwood Blvd; LA, CA 90024 Recommendation: There are currently eight (10) "On Sale" ABC Licensed establishments. ABC concentration level allows for four (4), based on ABC guidelines the census tract is over concentrated. Please see attached documentation. Completed by: G. Young, Sergeant 2 of 2 Badge ID: 365 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING BEER AND WINE -LICENSED RESTAURANT AT CHUCK E. CHEESE LOCATED AT 1143 HIGHLAND AVENUE. CASE FILE NO.: 2011-30 CUP APN: 556-590-61 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, January 9, 2012, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Chuck E. Cheese) The applicant is proposing to expand the restaurant into an adjacent suite, adding 3,000 square feet to the restaurant. The applicant wishes to expand the existing alcohol sales into the additional area. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., January 9, 2012, who can be contacted at 619-336-4310 or planninq(a�nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MARTIN REEDER Assistant Planner NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2011-30 CUP Project Location: 1143 Highland Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit application for a 3,000 square -foot internal expansion of an existing alcohol -licensed restaurant in'an existing commercial center. Applicant: Chuck E. Cheese's C/o: Alice Winters 4441 W. Airport Frwy. Irving, TX 75062 Exempt Status: Telephone Number: (972) 258-5523 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal involves the expansion of an existing restaurant into actively leased commercial space. The restaurant with accessory alcohol sales is an approved use in the respective mixed - use zone. No external construction or additional approvals are involved. Date: MARTIN REEDER, AICP Assistant Planner