PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT

Transcription

1 PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: TO: Hearing Officer SUBJECT: Conditional Use Permit #6583 LOCATION: APPLICANT: ZONING DESIGNATION: GENERAL PLAN DESIGNATION: CASE PLANNER: STAFF RECOMMENDATION: Art Rodriguez and Associates CD-1/AD-1 (Central District Specific Plan, Old Pasadena sub-district / Alcohol Overlay District 1) Medium Mixed-Use Robert Avila Adopt the Environmental Determination and the Specific Findings in Attachment A to approve Conditional Use Permit #6583 with the Conditions in Attachment B. PROJECT PROPOSAL: ENVIRONMENTAL DETERMINATION: Conditional Use Permit: To allow the on-site sale and consumption of limited alcohol (beer and wine) in conjunction with the operation of a Restaurant land use (Prawn). This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code 21080(b)(9); Administrative Code, Title 14, Chapter 3, 15301, Class 1, Existing Facilities) and that there are no features that distinguish this project from others in the exempt class and, therefore, there are no unusual circumstances. This section specifically applies to small additions, expansions or alterations to existing structures where there is negligible or no expansion of the use. The addition of limited alcohol sales in conjunction with the

2 operation of a new Restaurant land use is considered a negligible expansion to an existing commercial building. Site characteristics: The tenant space is located within the One Colorado shopping center, which is bordered by Colorado Boulevard on the south, Union Street on the north, De Lacey Avenue on the west, and Fair Oaks Avenue on the east. The entire center is approximately 1.42 acres, while the tenant space is approximately 1,380 square feet and was last occupied by a Restaurant land use (Escuela Taquería). The tenant space is located on the ground floor at the southeast corner of Hugus Alley and Miller Alley (a courtyard area within the shopping center). Adjacent Uses: North: Commercial South: Commercial East: Commercial West: Commercial Adjacent Zoning: Previous Cases: North: CD-1/AD-1 (Central District Specific Plan, Old Pasadena sub-district / Alcohol Overlay District-1) South: CD-1/AD-1 (Central District Specific Plan, Old Pasadena sub-district / Alcohol Overlay District-1) East: CD-1/AD-1 (Central District Specific Plan, Old Pasadena sub-district / Alcohol Overlay District-1) West: CD-1/AD-1 (Central District Specific Plan, Old Pasadena sub-district / Alcohol Overlay District-1) Since the One Colorado mall opened in 1991, several Conditional Use Permits for alcohol sales for restaurants and bars have been approved for the One Colorado mall. However, no entitlements have been approved for this specific tenant space. PROJECT DESCRIPTION: The applicant, Art Rodriguez & Associates, has submitted a Conditional Use Permit to allow the on-site sale and consumption of limited alcohol (beer and wine) in conjunction with the operation of a new Restaurant land use (Prawn). The existing restaurant use consists of a fast-casual dining concept within an existing commercial tenant space situated within the One Colorado mall. The tenant space is located within the One Colorado shopping center, which is bordered by Colorado Boulevard on the south, Union Street on the north, De Lacey Avenue on the west, and Fair Oaks Avenue on the east. The entire center is approximately 1.42 acres, while the tenant space is approximately 1,380 square feet with a 152 square-foot patio for outdoor dining. The proposed hours of operation is 10:00 AM to 10:00 PM daily. A Conditional Use Permit is required for the onsite sale and consumption of limited alcohol in conjunction with the operation of a Restaurant use within the CD-1/AD-1 (Central District Specific Plan, Old Pasadena sub-district / Alcohol Overlay District-1) zoning district. Hearing Officer 2 Conditional Use Permit #6583

3 ANALYSIS: Conditional Use Permit: On-Site Sale and Consumption of Limited Alcohol (beer and wine) in Conjunction with an existing Restaurant use Staff s review of a Conditional Use Permit for alcohol sales entails an analysis of whether the proposed location of alcohol sales would affect the general welfare of the surrounding property owners and whether the proposed use would result in an aggravation of existing alcohol-related problems such as loitering, public drunkenness, sales to minors, noise, and littering. The Hearing Officer may consider existing calls for police response to make a determination of whether there is an undesirable concentration of alcohol uses in the vicinity of the project site. The site is located within the CD-1-AD-1 zoning district where a restaurant use is permitted by right. However, serving of limited alcohol for on-site consumption in conjunction with a new Restaurant land use requires the review and approval of a Conditional Use Permit. A Restaurant land use is defined as an establishment that sells prepared food or beverages either indoors or outdoors in non-disposable containers. A restaurant with a bar area exceeding 500 square feet or 30 percent of the dining area, whichever is smaller, shall be classified as a Bar land use. The total floor area is 1,532 square feet. The existing indoor dining area is approximately 1,380 square feet with a 152 square-foot patio for outdoor dining. There is no beverage bar area proposed as part of this project. The floor plan also includes two-seat service counter area for patrons with disabilities. This area would not be classified as a bar area where alcohol beverage are stored and/or served. The primary land use would be a restaurant offering a full menu with ancillary limited alcohol sales. As indicated by the applicant, Prawn would be a new bona-fide dine-in restaurant where food is served in non-disposable containers, and alcoholic beverages would only be served in conjunction with food service. The sale of alcoholic beverages in disposable containers would be prohibited. The sale of alcoholic beverages for off-site consumption is not proposed as part of this application. Cover charges, age restrictions, and amplified music conducive of a night club atmosphere are also prohibited so that this establishment remains a bona-fide restaurant and does not deviate from its approved use. The site is located within the Old Pasadena CD-1-AD-1 zoning district, which encourages a diverse mix of land uses and services consistent with the office, retail, mixed-use, personal services, and restaurant uses existing in the area. The on-site sale and consumption of limited alcohol in conjunction with the operation of a new bona fide restaurant would be consistent with the surrounding commercial uses within the Central District Specific Plan. The proposed sale of alcohol in conjunction with the restaurant would enhance the commercial atmosphere of the Old Pasadena commercial corridor area. The introduction of limited, on-site sale alcohol sales would not be viewed as a conflict with the surrounding commercial uses. Hours of Operation: The proposed hours of operation are 10:00 AM to 10:00 PM daily. The proposed project would be consistent with the hours of operation of other restaurants within the One Colorado complex and the CD-1 zoning district. The project site is situated within the Central District Specific Plan area and therefore not subject to the limited hours of operation as prescribed in Section A.4 of the Zoning Code. As proposed, the hours of operation comply with Zoning Code requirements. However, staff is recommending a condition of approval be added stating that all alcohol sales shall cease one-half Hearing Officer 3 Conditional Use Permit #6583

4 hour before closing or 1:30 a.m., whichever is earlier, to reduce potential impacts to surrounding uses. Off-Street Parking Requirements The required number of parking spaces for non-residential uses in the CD-1 Old Pasadena Historic Core Precinct shall be equal to 75 percent of the number of spaces specified in PMC Chapter Per , restaurants are parked at a ratio of 10 spaces per 1,000 square feet of gross floor area, including any outdoor dining area not located in the public right-of-way (e.g., sidewalk). Therefore, the required off-street parking for a restaurant use in the CD-1/AD-1 zoning district is 7.5 spaces per 1,000 square feet of gross floor area. The tenant space was previously occupied by a restaurant with an outdoor patio of the same size. The existing restaurant operator would continue the same land use. The off-street parking for the tenant space remains unchanged. As a result, the existing restaurant use is in compliance with the off-street parking requirement of the Zoning Code. Concentration of Alcohol Sales The project site is located within Census Tract # According to the State Department of Alcoholic Beverage Control (ABC), a maximum of one alcohol license for on-site consumption is allowed in the census tract, based on the population in the tract. Currently, there are a total of 55 on-site licenses. The applicant is proposing to add another license to an existing area that has an undue concentration of alcohol licenses, as defined by ABC. As such, ABC requires the applicant to make Findings of Public Convenience and Necessity in order to obtain the alcohol license from ABC. Furthermore, if a project is for a public premises, such as a bar or lounge, or for off-site sale of alcohol, ABC requires the findings be made by the governing body. Because this alcohol license application is for a new bona fide restaurant and not for a bar/tavern or offsite sale of alcohol, these findings are not required to be made by the City. A Conditional Use Permit application for alcohol sales requires the applicant to identify all uses that sell alcohol for either on-site or off-site consumption within 250 feet of the site for a project within the CD-1-AD-1 zoning district. Based on the information provided by the applicant, there are currently 23 establishments that sell alcohol within 250 feet of the subject site, as shown on the following table: No. Business Name Address License Type 1 Old Town Pub, LLC 66 N. Fair Oaks Avenue On-site, beer & wine 2 Der Wolfskopf 72 N. Fair Oaks Avenue On-site, full alcohol 3 Akbar Cuisine of India 44 N. Fair Oaks Avenue On-site, full alcohol 4 Russell s 30 N. Fair Oaks Avenue On-site, beer & wine 5 El Toreo Mexican Restaurant 21 S. Fair Oaks Avenue On-site, beer & wine 6 Wokano Asian Restaurant 33 S. Fair Oaks Avenue On-site, full alcohol 7 Equator 22 S. Mills Place On-site, full alcohol 8 White Horse Lounge 41 S. De Lacey Avenue On-site, full alcohol 9 Il Fornaio Italian Restaurant 24 W. Union Street On-site, full alcohol 10 Café Santorini 64 W. Union Street On-site, full alcohol 11 Kitchen Italian Café & Pizzeria 78 W. Union Street On-site, beer & wine 12 Sushi Roku 33 Miller Alley On-site, full alcohol 13 ipic Theater 42 Miller Alley On-site, full alcohol 14 Alma de la Rosa 41 Hugus Alley On-site, full alcohol 15 Freddie s 35-er 12 E. Colorado Boulevard On-site, full alcohol Hearing Officer 4 Conditional Use Permit #6583

5 16 King s Row Gastro Pub 20 E. Colorado Boulevard On-site, full alcohol 17 Mi Piace Italian Restaurant 25 E. Colorado Boulevard On-site, full alcohol 18 Cheesecake Factory 2 W. Colorado Boulevard On-site, full alcohol 19 Noodle World 24 W. Colorado Boulevard On-site, beer & wine 20 Frida Tacos 36 W. Colorado Boulevard On-site, beer & wine 21 Le Pain Quotidien 88 W. Colorado Boulevard On-site, beer & wine 22 Kabuki Japanese Restaurant 88 W. Colorado Boulevard On-site, full alcohol Argentinian Restaurant 121 W. Colorado Boulevard On-site, beer & wine The project is located in the Old Pasadena Sub-district of the Central District Specific Plan, which is a pedestrian-oriented, commercial area, including regional office space and local dining and shopping. The Central District includes retail, commercial, entertainment, and mixed-use developments. Although an undue concentration of alcohol establishments as defined by ABC exists in the area, most of the existing alcohol establishments are restaurants, and they are not considered to be problematic, unlike nightclubs or bars. The approval of this request would add to the number of alcohol licenses; however, serving beer and wine at a new bona fide restaurant within the commercial district is considered an amenity. The proposed sale of limited alcohol is for on-site consumption only; there would be no off-site sales. Therefore, the project is not expected to contribute to the undue concentration of alcoholic establishments in the Census Tract. Proximity to Sensitive Uses The project is not within close proximity of sensitive uses such as parks, playgrounds, schools, and religious facilities. Central Park and Memorial Park are both approximately 1,000 feet southeast and northeast respectively of the tenant space. Friendship Baptist Church is 900 feet south of the project site, while St. Andrew Roman Catholic Church is 1,700 feet to the northeast. St. Andrew Catholic School is approximately 1,500 feet northeast of the tenant space whereas Maranatha High School is 1,700 feet to the southwest. There are multi-family residential units located south of this tenant space within mixed-use developments 600 feet south and 700 feet east. However, they would not likely be impacted because the restaurant, including the sale of limited alcohol, would be consistent with existing restaurants within Old Pasadena. Also, it is expected that a bona fide restaurant with the sale of beer and wine would be located within the City s primary commercial and entertainment center. As proposed, the on-site sale and consumption of limited alcohol would be ancillary to the primary Restaurant land use. In addition, no live entertainment is proposed with the operation of the proposed restaurant. The proposed hours of operation would be from 10:00 a.m. to 11:00 p.m. daily. The proposed hours of operation are consistent with restaurants in general and with other restaurants in Old Pasadena specifically. It is staff s determination that the location and nature of the proposed use with respect to sensitive uses in the general area, the sale of limited alcohol in conjunction with the operation of a new bona fide restaurant use would not detrimentally affect the surrounding area. GENERAL PLAN CONSISTENCY: As conditioned, the proposed use would be consistent with General Plan Land Use Element Policy 4.3 (An Active Central District) which encourages the Central District to continue to be reinforced as a vital, pedestrian-oriented place, linked to local and regional transit designed for all ages and serving as the focal point of community identity, business activity, employment, living, governance, and culture. The on-site sale and consumption of limited alcohol in conjunction with the operation of an existing Restaurant land use along with the implementation of the Hearing Officer 5 Conditional Use Permit #6583

6 recommended conditions of approval would promote a diverse economy base and long-term economic contribution to the city. The existing Restaurant land use (Prawn) would also advance Land Use Element Policy 12.1 (Vital Commercial Districts) by enhancing the CD-1 Old Pasadena sub-district with a unique fare creating a quality shopping and dining experience. Prawn s menu includes seafood options made with locally-sourced ingredients in a fast casual concept. REVIEW BY OTHER CITY DEPARTMENTS: The proposal was reviewed by the Department of Transportation, Fire Department, Police Department, Department of Public Works, Building Division, Design and Historic Preservation (DHP) Section. The Department of Transportation, Fire Department, Police Department, Department of Public Works, Building Division, and Design & Historic Preservation Section did not have any comments at this time. However, each department would review the proposed use during the building permit plan check process. Zoning Division has provided comments that are incorporated in Attachment B of this report as recommended conditions of approval. CONCLUSION: It is staff s assessment that the findings necessary for approval of the Conditional Use Permit for the sale of limited alcohol for on-site consumption in conjunction with an existing restaurant can be made. The site is located within the Central District Specific Plan, Old Pasadena area, which encourages a mix of retail, office, personal services, and commercial uses designed to serve the local community. The bona-fide dine-in restaurant would provide a full-service food menu during all hours of operation, and the sale of limited alcohol would be incidental to food sales. Conditions of approval and periodic condition monitoring would ensure that the use would not deviate from the planned operation reviewed under this application. Therefore, staff recommends that the Hearing Officer approve the Conditional Use Permit application for the on-site sales and consumption of limited alcohol in conjunction with the existing restaurant use. Attachments: Attachment A: Recommended Specific Findings Attachment B: Recommended Conditions of Approval Hearing Officer 6 Conditional Use Permit #6583

7 ATTACHMENT A SPECIFIC FINDINGS FOR CONDITIONAL USE PERMIT #6583 Conditional Use Permit: On-Site Sale and Consumption of Limited Alcohol (beer and wine) in Conjunction with an existing Restaurant use 1. The proposed location of the site for the Conditional Use Permit would not adversely affect the general welfare of the surrounding property owners. The on-site sale and consumption of limited alcohol (beer and wine) in conjunction with the operation of a new Restaurant land use is consistent with the land use and activities of the surrounding uses. The subject site is located within the CD-1/AD-1 zoning district, where a Restaurant land use is allowed by right. The on-site sale and consumption of limited alcohol is subject to the review and approval of this Conditional Use Permit. The Restaurant land use with ancillary sales of limited alcohol will operate in accordance with all City laws, ordinances and conditions of approval to ensure the continuity of the compatible coexistence of this use with the surrounding area. 2. The proposed location of the site for the Conditional Use Permit would not result in an undesirable concentration of premises for the sale of alcoholic beverages, including wine, in the area. The project is located in the Old Pasadena sub-district of the Central District Specific Plan, which is a pedestrian-oriented, commercial area, including the One Colorado shopping center. Although an undue concentration of alcohol establishments (as defined by ABC) exists in the area, most of the existing alcohol establishments are restaurant uses. Unlike nightclubs or bars, the bona fide restaurant with ancillary sales of limited alcohol will not be a problematic use. The approval of this request will add to the number of alcohol licenses; however, serving beer and wine at a bona fide restaurant will be an added amenity to the mixed-use neighborhood. Therefore, the project will not contribute negatively to the undue concentration of alcoholic establishments in the Census Tract. 3. The proposed location of the site for the Conditional Use Permit would not detrimentally affect the nearby surrounding area after giving special consideration to the proximity and nature of the proposed use with respect to the following: a. Residential uses and residential districts; b. Hospitals, park and recreation facilities, places of public assembly, public or private schools, and religious assembly uses that attract minors and other similar uses; and c. Other establishments offering alcoholic beverages (including wine) for sale for consumption both on- and off-site. The project is not within close proximity of sensitive uses such as parks, playgrounds, schools, and religious facilities. Central Park and Memorial Park are both approximately 1,000 feet southeast and northeast respectively of the tenant space. Friendship Baptist Church is 900 feet south of the project site, while St. Andrew Roman Catholic Church is 1,700 feet to the northeast. St. Andrew Catholic School is approximately 1,500 feet northeast of the tenant space whereas Maranatha High School is 1,700 feet to the southwest. There are multi-family residential units located south of this tenant space within mixed-use developments 600 feet south and 700 feet east. However, they will not likely be impacted because the operation of the existing restaurant, including the sale of limited alcohol will be consistent with existing restaurants within Old Pasadena. Also, it is expected that a bona fide restaurant should be located within the City s primary commercial and entertainment center. 4. The proposed location of the site for the Conditional Use Permit would not aggravate existing problems created by the sale of alcohol (e.g., littering, loitering, noise, public drunkenness, and sales to minors). The primary use is a Restaurant with ancillary on-site sales and Hearing Officer 7 Conditional Use Permit #6583

8 consumption of limited alcohol. The proposed restaurant with the sale of limited alcohol will not be a problematic use and will not contribute to an aggravation of criminality in the vicinity. With this approval, the project will be subject to the City s Condition Monitoring Program. Noncompliance with any of the conditions of approval or any of the provisions of the Zoning Code may result in the revocation of the Conditional Use Permit. The on-site sale and consumption of limited alcohol in conjunction with the operation of an existing Restaurant land use will not detrimentally affect the surrounding area. 5. The proposed use is in conformance with the goals, policies, and objectives of the General Plan and the purpose and intent of any applicable specific plan. As conditioned, the proposed use will be consistent with General Plan Land Use Element Policy 4.3 (An Active Central District) which encourages the Central District to continue to be reinforced as a vital, pedestrian-oriented place, linked to local and regional transit designed for all ages and serving as the focal point of community identity, business activity, employment, living, governance, and culture. The on-site sale and consumption of limited alcohol in conjunction with the operation of a proposed Restaurant land use along with the implementation of the recommended conditions of approval will promote a diverse economy base and long-term economic contribution to the city. Hearing Officer 8 Conditional Use Permit #6583

9 ATTACHMENT B CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #6583 The applicant or successor in interest shall meet the following conditions: General 1. The site plan, floor plan, and bar area submitted for building permits and/or future development shall substantially conform to the site/floor plans stamped Received at Hearing,, except as modified herein. 2. The approval of this application authorizes the on-site sales and consumption of limited alcohol (beer and wine) in conjunction with the operation of a new Restaurant land use (Prawn). 3. The Zoning Administrator, at any time, can call for a review of the approved conditions at a duly noticed public hearing. These conditions may be modified or new conditions added to reduce any impacts of the use. The Hearing Officer may revoke the Conditional Use Permit if sufficient cause is given. 4. Any change to these conditions of approval or expansion of the use shall require the modification of this Conditional Use Permit or a new Conditional Use Permit. 5. The applicant or successor in interest shall meet the applicable code requirements of all other City Departments. 6. The final decision letter and conditions of approval shall be incorporated in the building plans as part of the building plan check process. 7. The proposed project, Activity Number PLN , is subject to the City s Condition Monitoring Program and Final Zoning inspection. A Final Zoning Inspection is required for the project prior to the issuance of a Certificate of Occupancy or its equivalent. In addition, the project requires Condition Monitoring. Contact the Planning Case Manager, Robert Avila at (626) to schedule an inspection appointment time and set up monitoring fees. 8. The right granted under this application must be enacted within 36 months from the effective date of approval. It shall expire and become void, unless an extension of time is approved in compliance with Section C of the Zoning Code. Planning Division 9. The business operator shall obtain the proper approvals and licenses from the California Department of Alcohol and Beverage Control. 10. The primary use shall be a Restaurant land use with ancillary limited alcohol (beer and wine) sales for on-site consumption only. 11. The on-site sale and consumption of alcohol shall be limited to customers 21 years or older. Hearing Officer 9 Conditional Use Permit #6583

10 12. All alcohol sales shall cease one-half hour before closing or 1:30 a.m., whichever is earlier. 13. The off-site sale and/or consumption of alcohol is strictly prohibited at all times. 14. Alcoholic beverages shall not be served in disposable containers. 15. Customized lighting and sound system conductive of a nightclub atmosphere shall be prohibited at all times. 16. Amplification of music shall comply with the regulations of Chapter 9.36 of Pasadena Municipal Code. 17. The following preventive measures shall be undertaken to reduce the potential for alcohol related problems: a. Taxicab phone numbers shall be posted in a conspicuous location at all times in the area(s) where alcohol is served to customers; b. All employees selling or serving alcohol shall be required to participate in an alcohol training program offered by the Alcoholic Beverages Control prior to the operation of selling/serving alcohol; c. The availability of a variety of non-alcoholic beverages shall be made known and offered to customers, and 18. These conditions of approval must be posted in a conspicuous location for public viewing within the Restaurant land use on a continuous basis for the life of this Conditional Use Permit beginning on the date the alcohol sales commence. 19. The site and surrounding area shall be maintained in a litter and graffiti free manner. Any graffiti that should appear on the site shall be removed within 48 hours. 20. Compliance with the City of Pasadena Refuse Storage regulations, (Section of the Pasadena Municipal Code) shall be maintained at all times. Hearing Officer 10 Conditional Use Permit #6583