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PROJECT INFORMATION CASE NUMBER: Conditional Use Permit
07-007
LOCATION: APPLICANT: Sushi
Concepts SM. LLC Property Owner: CASE PLANNER: Dennis Banks, Associate Planner REQUEST: Modify CUP95-025 to
permit the sale and service of beer, wine and distilled spirits until 2:00
a.m. daily within an existing full-service, sit-down restaurant. CEQA STATUS: The Planning Commission finds that the project
is exempt from the provisions of the California Environmental Quality Act
(CEQA), pursuant to Section 15301 (Class 1) of the State Implementation
Guidelines in that the project involves the extension of alcohol service
hours for beer, wine and distilled spirits within an existing restaurant with
no additional floor area or number of seats. |
PLANNING COMMISSION ACTION
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November 14, 2007 |
Determination Date |
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Approved, as modified, based on the following findings and subject to
the conditions below. |
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Denied. |
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Other: |
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EFFECTIVE
DATES OF ACTIONS IF NOT APPEALED: |
November 29, 2007
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EXPIRATION
DATE OF ANY PERMITS GRANTED: |
March 29, 2009 |
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LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*: |
6 months |
* Any request for an
extension of the expiration date must be received in the City Planning Division
prior to expiration of this permit.
Each and all of the
findings and determinations are based on the competent and substantial
evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information
contained herein or in the findings are based on the substantial evidence in
the record. The absence of any
particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
FINDINGS:
CONDITIONAL USE PERMIT FINDINGS
1.
The
proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of
2.
The proposed use would not impair the integrity
and character of the district in which it is to be established or located, in
that the RVC (Residential Visitor Commercial) district permits restaurants and
alcohol service will be ancillary to the food service function of the
establishment. Alcohol-related problems
are not generally associated with full-service restaurants and the conditions
of approval, particularly Conditions #2 – 13, will ensure that the extended
hours of alcohol service will not adversely affect the district and immediate
area.
3.
The
subject parcel is physically suitable for the type of land use being proposed,
in that the alcohol service with extended hours will occur within an existing
restaurant with no proposed changes to floor plans or additional seating.
4.
The proposed use is compatible with any of the
land uses presently on the subject parcel if the present land uses are to
remain, in that the approval of a Conditional Use Permit will allow an existing
restaurant with the on-site sale of beer, wine and distilled spirits to extend
alcohol service to 1:00 a.m. daily. Alcohol-related
problems are not generally associated with full-service restaurants. Alcohol Conditions #1 through 24 ensure that
the use operates in a harmonious manner with the adjacent land uses.
5.
The
proposed use would be compatible with existing and permissible land uses within
the district and the general area in which the proposed use is to be located,
in that the existing restaurant is located within the RVC Residential Visitor
Commercial district which allows restaurants and conditionally permits alcohol
service. The restaurant is located within an existing commercial building with
a mix of restaurant and office uses. Alcohol-related problems are not
generally associated with full-service restaurants. Alcohol Conditions #1 through 24 ensure that the use operates in a
harmonious manner with the adjacent land uses.
6.
There
are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety, in that the site is located in an urbanized area adequately
served by existing infrastructure.
7.
Public access to the proposed use will be
adequate, in that vehicular and pedestrian access is provided via
8.
The physical location or placement of the use on
the site is compatible with and relates harmoniously to the surrounding
neighborhood, in that a Type-47 alcohol license has been in place at the
subject site since 1995 and is currently utilized for the on-site sale of beer,
wine and distilled spirits in conjunction with an existing full-service,
sit-down restaurant that has operated at this location since 1999 with no
reported alcohol related problems.
9.
The proposed use is consistent with the goals,
objectives, and policies of the General Plan in that Land Use Element Policy
1.5.1 states that the Oceanfront Special District is primarily for visitor
accommodations and commercial recreation. The proposed project will provide
food with ancillary alcoholic beverage service to visitors and residents of the
area.
10.
The proposed use would not be detrimental to the
public interest, health, safety, convenience, or general welfare, in that the
proposed use is consistent with the Zoning Ordinance and the Land Use Element
of the General Plan, which encourage
restaurant uses in the area and conditions of approval have been incorporated
to minimize adverse impacts on nearby land uses.
11.
The
proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 of the City of
12.
The proposed use will not result in an
over-concentration of such uses in the immediate vicinity, in that the proposed
extension of alcohol service hours will not result in an additional alcohol
outlet in the area since a Type-47 alcohol license has been in place at the subject
site since 1995 and is currently utilized for the on-site sale of beer, wine
and distilled spirits in conjunction with an existing full-service, sit-down
restaurant that has operated at this location since 1999.
ALCOHOL OUTLET FINDINGS
1. The proposed use will not adversely
affect the welfare of neighborhood residents in a significant manner in that
the use will be located in a commercial area, away from any major residential
uses, and the ancillary alcohol service is offered in conjunction with the
operation of a full-service, sit-down restaurant which is permitted in the RVC
(Residential Visitor Commercial) District and supported by the policies of the
General Plan. Alcohol Conditions #1
through 24 will ensure that the nearby uses are not adversely affected by the
proposed use.
2. The proposed additional hours of
alcohol service within an existing restaurant will not contribute to an undue
concentration of alcohol outlets in the area in that the restaurant
currently possesses a Type 47 license allowing the on-site sale of beer &
wine and distilled spirits issued in conjunction with a full-service, sit-down
restaurant. As a result, approval of
this Conditional Use Permit will not increase the number of alcohol related
uses in the area. The existing restaurant has not contributed
significantly to alcohol related problems in the area and
alcohol-related problems are not generally associated with full-service
restaurants.
3. The proposed use will not detrimentally
affect nearby neighborhoods considering the distance of the alcohol outlet to
residential buildings, churches, schools, hospitals, playgrounds, parks, in
that there are no churches, schools, hospitals or playgrounds in the
immediate area.
4. The proposed use is
compatible with existing and potential uses within the general area in that a
sit-down full-service restaurant with the ancillary on-site sale of beer, wine
and distilled spirits is compatible with permitted uses and other existing
nearby dining and bar uses and the extended hours of alcohol service are
consistent with other full-service restaurants in the area.
5. Traffic and parking congestion will not
result from the proposed use in that parking for the use is provided
on-site. The extended hours of alcohol
service does not increase the number of off-street parking spaces required by
the Zoning Ordinance since there is no increase in floor area proposed.
6. The public health, safety, and general
welfare are protected in that the project is consistent with the provisions of
the Zoning Ordinance and the Land Use Element of the General Plan, which
encourage restaurant uses in the area. Conditions of approval have been
incorporated to minimize adverse impacts on nearby land uses.
7. No harm to adjacent properties will
result in that the conditions of approval will ensure that the establishment
operates in a manner which protects adjacent neighbors.
8.
The proposed
use is consistent with the goals, objectives, and policies of the General Plan,
in that Land Use Element Policy 1.5.1 states that the Oceanfront Special
District is primarily for visitor accommodations and commercial recreation. The
proposed project will provide food with ancillary alcoholic beverage service to
visitors and residents of the area.
CONDITIONS OF
APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Project Specific Conditions
1.
This
approval is for a Type 47(On-Sale Beer, Wine, &
2.
The
permitted hours of alcohol service within the premises shall be from 11:00 a.m.
to 1:00 a.m. Sunday through Wednesday with orders for alcoholic beverages ceasing
at 12:30 a.m. and 11:00 a.m. to 2:00 a.m. Thursday through Saturday with orders
for alcoholic beverages ceasing at 1:30 a.m. Alcohol service to any outdoor
seating area adjacent to a public street or sidewalk shall cease by 11:30 p.m. and
all alcoholic beverages must be removed from the outdoor dining area no later
than 12:00 midnight. No after hours
operation shall be permitted.
3.
Conditional
Use Permit 07-007 supersedes the approvals granted by Conditional Use Permit
95-025 and incorporates all of the relevant conditions of the prior approval.
Alcohol Outlet Conditions
4.
No more
than 35% of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross
revenue sources which shall be submitted annually to the City of
5.
The
primary use of the premises shall be for sit-down meal service to patrons. Alcohol shall not be served to persons except
those intending to purchase meals.
6.
Seating
arrangements for patrons shall not exceed 170 seats, including 146 indoor
dining seats (including seats fronting
7.
No
alcoholic beverage shall be sold for consumption beyond the premises.
8.
The primary use
of the outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor
seating area shall not be served.
9. The outdoor patio must be adequately
secured to prohibit contact with non-patrons, and door security must be
provided at all times during hours when alcoholic beverages are being served.
10. No alcoholic beverages shall be
consumed on any property adjacent to the licensed premises under the control of
the licensee.
11. The
establishment shall maintain a kitchen or food-serving area in which a variety
of food is prepared and cooked on the premises.
12. The
establishment shall serve food to patrons during all hours the establishment is
open for customers.
13.
Customers
shall be permitted to order meals at all times the restaurant is open for
business.
14.
Take
out service shall be only incidental to the primary sit-down use.
15. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.
16.
The
applicant shall control the noise impacts of patrons awaiting the delivery of
vehicles from the restaurant’s valet parking operation. After 1:00 a.m., patrons awaiting the
delivery of vehicles through the valet parking operation shall wait within the
restaurant and shall not be permitted to wait outside.
17.
Within
90 days after final approval of this permit, a security plan shall be submitted
to the Chief of Police for review and approval. The plan shall address both
physical and operational security issues.
18.
Within
90 days after final approval of this permit, the operator shall submit a plan
for approval by the Director of Planning and Community Development regarding
employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol
awareness training program for all employees having contact with the public and
shall state management’s policies addressing alcohol consumption and
inebriation. The program shall require
all employees having contact with the public to complete a California
Department of Alcoholic Beverage Control (ABC) sponsored alcohol awareness
training program within 90 days of the effective date of this approval. In the
case of new employees, the employee shall attend the alcohol awareness training
within 90 days of hiring. In the event the ABC no longer sponsors an alcohol
awareness training program, all employees having contact with the public shall
complete an alternative program approved by the Director of Planning and
Community Development. The operator
shall provide the City with an annual report regarding compliance with this
condition. This project shall be subject
to any future City-wide alcohol awareness training program condition affecting
similar establishments.
19.
Within
90 days after final approval of this permit, the operator shall submit a plan
describing the establishment’s “designated driver” program, which shall be
offered by the operator to the establishment’s patrons. The plan shall specify how the operator will
inform patrons of the program.
20.
Except
for special events, alcohol shall not be served in any disposable container
such as disposable plastic or paper cups.
21.
No
dancing or live entertainment beyond that allowed in the restaurant definition
contained in the Zoning Ordinance shall be permitted on the premises.
22.
No
video or other amusement games shall be permitted on the premises.
23.
The project
shall at all times comply with the provisions of the Noise Ordinance (SMMC
Chapter 4.12).
24.
Window
or other signage visible from the public right-of-way that advertises beer or
alcohol shall not be permitted.
25.
Applicant
is on notice that all temporary signage is subject to the restrictions of the
City sign ordinance.
Administrative
25. The Planning Commission’s approval,
conditions of approval, or denial of this application may be appealed to the
City Council if the appeal is filed with the Zoning Administrator within
fourteen consecutive days following the date of the Planning Commission’s
determination in the manner provided in Part 9.04.20.24, Sections
9.04.20.24.010 through 9.04.20.24.040. Any appeal must be made in the form
required by the Zoning Administrator. The approval of this permit shall expire
if the rights granted are not exercised within eighteen (18) months from the
permit’s effective date. Exercise of rights shall mean actual
commencement of the use granted by the permit.
One six month extension may be permitted if approved by the Director of
Planning. Applicant is on notice that
time extensions shall not be granted if development standards or development
process relevant to the project have changed since project approval. Additionally, the rights associated with
this approval shall expire if the establishment ceases operation for a period
of one year or longer.
26. Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.
27. Prior to the service of alcohol to patrons, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation.
28. Within thirty (30) days from date of the approval of the Statement of Official Action, the applicant shall provide a copy of the approved Statement of Official Action for this project to the local office of the State Alcoholic Beverage Control department.
29. In the event the permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.
30. This approval is for those plans received
August 7, 2007, a copy of which shall be maintained in the files of the City
Planning Division. Minor amendments to the plans shall be subject to
approval by the Director of Planning and Community Development. An increase of more than 10% of the square
footage or seating, or a significant change in the approved concept shall be
subject to Planning Commission Review.
No expansion in the number of seats, intensity of operation, or outdoor
areas shall occur without prior approval from the City of
VOTE
Ayes: Davis, Koning, O’Day, Ries, Chair Pugh
Nays: Dad, Johnson
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal
under the City of
I hereby
certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of
_____________________________ _____________________________
Gwynne Pugh, Chairperson Date
Acknowledgement by Permit Holder
I
hereby agree to the above conditions of approval and acknowledge that failure
to comply with such conditions shall constitute grounds for potential
revocation of the permit approval.
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Print Name and Title |
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Applicant’s Signature |
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