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HomeMy WebLinkAboutBackground reportBACKGROUND REPORT The project location is Napoleone's Pizza House located at 619 National City Blvd., in Development Zone 3 (DZ-3) of the Downtown Specific Plan. The existing restaurant is approximately 3,870 square feet in size. The area is mostly adjacent to commercial uses; however, there are single-family houses located across an alley to the east that are located in the same zone as the restaurant. Napoleone's Pizza House was established in 1958. In 1966, the owner received an approval to sell and serve beer and wine in the dining room. The approval pre -dated the City's requirement for a Conditional Use Permit. In the 1970's, the restaurant expanded into an adjacent neighboring suite creating a game room and banquet room. There are no records indicating the restaurant owner received approval to serve alcohol in the game and banquet rooms. The applicant is making two requests with this application. The first request is to approve the sale of beer and wine sales in the existing banquet and game room areas that were added in the 1970's. This area includes approximately 1,200 square feet and includes a bar. The game room has a pool table and two coin operated games. The second request is for approval of a remodeled floor plan that would convert a storage area into additional banquet area totaling approximately 300 square feet. The restaurant is currently open Monday through Saturday from 11 a.m. to 10 p.m. However, the applicant is requesting approval to sell beer and wine from 11 a.m. to 2 a.m. daily. The proposal is consistent with the City's General Plan, since Policy LU-5.5 provides for the support for redevelopment and revitalization of downtown. Formalizing the expansion of the restaurant will add to its viability and thus contribute to the character of downtown National City. Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). The expansion of the area approved for alcohol sales requires that a CUP and applicable conditions be applied to the entire restaurant. Pursuant to Section 18.30.050 (C), the applicant is required to hold a community meeting. In this case, the applicant held two meetings because the mailing list from the first meeting was found to be deficient. The first meeting was held Tuesday, November 26, 2013 at 5:30 p.m. and the second meeting was Tuesday, January 28, 2014 at 5:30 p.m. Both meetings were held at the subject restaurant. Sign -in sheets, minutes, and advertisements for both meetings are attached. According to the sign -in sheet, four residents were in attendance at the first meeting and six residents attended the second meeting. The applicants made a presentation showing the new floor plan. No objections were noted by the attendees of the community meeting. Per the California State Department of Alcoholic Beverage Control (ABC), there are currently three (3) other on -sale permits issued in this census tract (118.01) besides Napoleone's Pizza House. These permits are: Name Address License Type* Oriental Cafe 39 E. 7th Street 41 Mcdinis Irish Cantina 105 E.8th Street 47 Rincon Del Mar 314 Highland Ave. 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 All three of the other on -sale licenses are restaurants. Census tract 118.01 includes the area of the City between National City Boulevard and Highland Avenue, and between Division Street and E. 8th Street. The attached census tract map shows the location of the subject tract. ABC recommends a total of four on - sale alcohol permits be issued in this census tract, where four exist. No additional ABC licenses are being requested. This would be the expansion of an existing license. Chapter 18.030.050 (D) 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. Integrity Charter school is approximately 300 feet from the restaurant. Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) had a 2011 crime rate of 114%, below the 120% considered to be a high crime area. The Risk Assessment report received from the Police Department scored the business with 10 points, which indicates that the business is considered low risk (12 points or less). The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since National City Boulevard is classified as an arterial street in the Circulation Element, and an increase in the area approved for alcohol sales is not expected to result in an appreciable increase in traffic. Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy (alcohol incidental to food, hours of operation, RBSS training, etc.). Police, Fire and Building Department comments have also been included as conditions. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. This determination is based on the fact that the project will result in no changes to the physical environment, since the proposal is located completely within the existing restaurant building. Napoleone's Pizza House has been in business at this location since 1958, and serving beer and wine as an accessory service since 1966. No concerns have been noted regarding business operations or associated crime in that timeframe. The census tract in which the restaurant is located is not over -concentrated with regard to on -sale alcohol licenses, and no additional licenses would be added by this permit. Planning Commission conducted a public hearing on February 10, 2014. Commissioners asked questions regarding hours of operation, sales practices, and conditions of approval. As mentioned above, the applicant requested approval to sell beer and wine from 11 a.m. to 2 a.m. daily. Although the Planning Commission discussed the additional hours requested, they ultimately voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval, which restricted the hours between 11 a.m. to 10 p.m. The Notice of Decision of the Planning Commission approval was reviewed by City Council at the March 4, 2014 Council meeting, at which time the item was set for hearing at the request of the applicant. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of March 4, 2014 and set the item for hearing in order to discuss the item. The attached background report describes the proposal in detail.