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HomeMy WebLinkAboutPC Staff ReportCITY 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: Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 6 February 6, 2012 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A PROPOSED WINGSTOP RESTAURANT LOCATED AT 932 HIGHLAND AVENUE. 2011-31 CUP Northwest corner of Highland Ave. and Plaza Blvd. 556-492-19 Martin Reeder, AICP — Assistant Planner Woody DeMayo Farb, Harry E Trust MXC-2 (Major Mixed -Use Corridor) Commercial use / MXC-2 Commercial use across Highland/ MXC-2 Commercial use across Plaza Blvd / MXD-2 Central Elementary School / I Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project site is a part of a small commercial strip center located at the northwest corner of Highland Avenue and Plaza Blvd in the MXC-2 (Major Mixed -Use Corridor) zone. The whole center is developed with three buildings. The subject suite is located within the southernmost building, which is approximately 5,000 square feet in size. The 1,700 square -foot suite was formerly a wireless telephone store. There are 49 parking spaces distributed throughout the whole center, 21 of which are adjacent to the subject suite. Proposed Use The applicant is requesting to offer beer and wine for on site consumption between the hours of 10:30 a.m. and midnight seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be served to the purchaser at the point of sale. Most of the customer portion of the restaurant is shown on plans as seating area, providing 68 seats overall. The customer area is roughly half of the suite. Analysis Alcohol /Community Meeting Chapter 18.30 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.30.050 (C), a community meeting was held Monday, January 30, 2012 at 6:00 p.m. at the Clarion Hotel. The applicant states that all property owners and occupants within 660 feet of the store were notified by mail of the meeting, but that no-one attended the meeting. Alcohol Sales Concentration/Location Per California State Alcoholic Beverage Control (ABC), there are currently eleven (11) on -sale permits issued in this census tract (117). 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 Chuck E. Cheese's 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. 1143 Highland Ave. License Type* 48 41 52 41 41 41 41 41 47 52 41 * 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 licenses, eight are restaurants, two 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 applies with regard to distance requirements from other uses, requires a 660-foot distance from sensitive uses such as schools. As mentioned above, the property is located immediately adjacent to Otis Elementary School. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from this distance requirement. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) had a 2009 crime rate of 99.7%, 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, Wingstop received 12 points, which would indicate a low 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 RBSS (Responsible Beverage Sales and Service) training, 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 (no sale of alcohol without food, annual reporting of food/alcohol sales). A condition has also been included to prohibit the delivery or take-out of alcohol. The Fire Department commented on the application and are requiring compliance with Fire Code (e.g., sprinklers, alarms, signage). Summary The sale of alcohol for on -site consumption at Wingstop will contribute to the viability of a restaurant, a permitted use within the Major Mixed -Use zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Although this CUP will provide current Conditions of Approval consistent with City policy, the census tract in which the business is located is over -concentrated with regard to on -sale alcohol licenses. RECOMMENDATION 1. Approve 2011-31 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2011-31 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the public hearing to a specific date. 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 (Notice) 6. Notice of Exemption 7. Public Hearing Notice (Sent to 248 property owners and occupants) 8. Site photos 9. Police and Fire Department Comments 10. Applicant's Plans (Exhibit A, Case File No. 2011-31 CUP, dated 11/23/2011) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2011-31 CUP, 932 Highland Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to a proposed restaurant use in an existing commercial area and the sale of beer and wine 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 Highland Avenue and Plaza Blvd. are classified as arterial streets in the Circulation Element, and the addition of alcohol sales 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 will be compatible with other nearby businesses; and since the proposed use will 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 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 FINDINGS FOR DENIAL 2011-32 CUP, 1539 Highland Ave. 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an over -concentration of on -sale alcohol licenses in census tract 117.00 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine are currently offered at eight other outlets within the same census tract. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2011-31 CUP, 932 Highland Ave. General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 932 Highland Ave. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2011-31 CUP, dated 11/23/2011. 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 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 suite 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 10:30 a.m. and 12 a.m. (midnight) 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. City of National City CENSUS TRACTS SAN DIEGO CORONADO) 0.5 CHULA VISTA 1 Miles A September 2003 CY yT Swet►ate�Marsh Y?v National VIx"i_ciji e Refug 125.00 k-k y_ o, 1 l"CPC'' �1 _ ST. _,� j \_,_:::::: 1'�-,,Ir 1\s^'-,,'1, ", 1 g _.;:,,,,-;_-_---a 1 . 11 '1 1-----As" i --, 5, -� ' 14 it a �D1Stt4 f-\• 51 !� 4 1AtY+ , I l� t 1 - = dY` 1' ,—1ONat�Ih�al City r I "�htz' �` It ' � , i� yy Kimball Park 1 � 'Y� '', 4..-;Ty— '0, I " j ail- y r4d;l i \ 0 t1, / \ 3 F r i 1 r '' 1 mmi jiY' , ,� js; �' �` ;ti'1, it' y � t � � 1� It �' 1� 11 �1 'a 11 �� ---1�i,t tit 111eyt 4 1.` l ,4. it 11 , , \ \\_ Y •11 ly a . Copyright©'• and (P) 1i988- 2006 Microsoft Corporation andfor.its suppliers Ali rights reserved.\Portions ©�1990-2005,InstallShield Software -Corporation. All rights reserved. `- Certam•mapping•and direction data 2005 NAVI'EQ. All rights reserved NAVLEAnd^NAVI:E,Q ON BOARD)are7trademarks ofLNAVIKEQ: © 2005 Tele Atlas North'$Ame/'ca I'nc. Ali nghts•reserved. Tele�Atlas and Tole Atlas North America.are:fradeinarks\, Tlele Atlas,dnc. t 1 G1 ,\ — aF, l 1'1 ""-._ ''\ City of National City Beat 20 Source: Microsoft Mappoint NCPD CAU, 4/18/07 Notice of Public Meeting Applicant:WINGSTOP RESTAURANT -WOODY DEMAYO Case Number: 2011-31-CUP-Conditional Use Permit to Sale of Beer & Wine Property Address: 932 HIGHLAND AVE., NATIONAL CITY, 91950 Request:The request is for a CUP to allow the sale of Beer and Winein a 1,800 square foot upscale restaurant. Hours of operationfrom 10:30am to Midnight daily. Wingstop is a good communityneighbor in the areas they serve and operates a professionalbusiness at all times. Wingstop will conduct a public meeting concerning the above request. You are invited to attend and provide comment. PLACE: CLARION HOTEL — Meeting Room 700 National Blvd., National City DATE: MONDAY JANUARY 30, 2012 TIME: 6:OOPM 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: 2011-31 CUP Project Location: 932 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 the sale of beer and wine for on -site consumption in conjunction with a proposed restaurant (Wingstop). Applicant: Woody DeMayo 26160 Rancho Manuella Lane Los Altos, CA 94022 Exempt Status: Telephone Number: (650) 996-0105 ® 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 sale of alcohol for on -site consumption at a restaurant within an existing commercial building, an approved use. Date: MARTIN REEDER Assistant Planner CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT A WINGSTOP RESTAURANT LOCATED AT 932 HIGHLAND AVENUE. CASE FILE NO.: 2011-31 CUP APN: 556-492-19 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, February 6, 2012, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Wingstop) The applicant wishes to offer beer and wine sales (Type 41 ABC license) during the hours of 10:30 a.m. to midnight sevendays a week. 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., February 6, 2012, who can be contacted at 619-336-4310 or planningCa 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, AICP Assistant Planner 2011-31 CUP — 932 Highland Ave. — Wingstop — Site Photos East Elevation (Highland Avenue side) West Elevation (Parking Lot side) NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 12/2/2011 BUSINESS NAME: Wingstop Restaurant ADDRESS: 932 Highland Avenue, National City, CA 91950 OWNER NAME: Woody Demayo (Applicant) DOB: UNK OWNER ADDRESS: 26160 Rancho Manuella Lane, Los Altos, CA, 94022 (add additional owners on page 2) I. Type of Business 0 Restaurant (1 pt) ❑ Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by 10pm (2 pts) 0 Close after 10pm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) lzi Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) ❑ Average (2 pts) lzi Above (3 pts) Revised: 11/11 1 of 2 National City Police Department VI. Calls for Service at Location (for previous 6 months) 0 Below (1 pt) ❑ Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) 0 Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII. Owner(s) records check r T No criminal incidents (0 pts) ❑ 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 12 OWNER NAME: Jeffrey Silverman (Property Owner) DOB: UNK OWNER ADDRESS: 790 Estate Drive, Ste100, Deerfield, IL. OWNER NAME: Woody Demayo (Applicant) DOB: UNK OWNER ADDRESS: 26160 Rancho Manuella Lane, Los Altos, CA, 94022 Recommendation: There are currently eight (10) "On Sale" ABC Licensed establishments. ABC concentration level allows for four (8), 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 Fire Department Phone (619) 336-4550 Planning Department Plan Review Date: Project: Review: December 14, 2011 Wingstop 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