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HomeMy WebLinkAboutResolution No. 08-C0750 0 RESOLUTION NO. 08-C75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING USE PERMIT NO. UP 2008-02, A REQUEST TO PERMIT THE ON-SITE SALE AND CONSUMPTION OF BEER AND WINE IN CONJUNCTION WITH A BONA FIDE RESTAURANT CURRENTLY IN OPERATION (SUSANA'S RESTAURANT), AT 1197 W. ARROW HIGHWAY. WHEREAS, on July 1, 2008, Susana Gomez appealed the June 11, 2008, Planning Commission denial of Use Permit 2008-02; and WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on the application of Susana Gomez with respect to the requested Use Permit No. UP 2008-02 to permit the on-site sale and consumption of beer and wine in conjunction with a bona fide restaurant currently in operation within a 1,647 square foot tenant space located at the southwest corner of the shopping center located at 1197 W. Arrow Highway, Azusa; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: Pursuant to California Environmental Quality Act, Section 15301, Class 1 — Existing Facilities, this project is categorically exempt. SECTION 2: That in accordance with Section 88.51.050.17 of the Azusa Development Code, the City Council hereby approves said Use Permit No. 2008-02 based on the following findings: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code: On- site sale of alcohol in conjunction with a restaurant is permitted with a Use Permit (UP) in the Azusa Avenue Corridor zone. The Development Code sets criteria to consider for on-site sale of alcoholic beverages. The purpose of the criteria is to ensure compatibility with nearby uses. a. The nature and use of real property within 500 feet of the use, and in particular, the location of similar nearby uses and the location of residences, parks, schools, and religious facilities; The site is located at the northeast corner ofArrowHighway and Vincent Avenue within an existing shopping center. The requested Use Permit applies only to the subject restaurant space which is further described as a 1647 square foot tenant space located at the southwest corner of the shopping center building. Multi family housing is located to the north and east of the site, to the south of the site is single family housing located in Los Angeles County and to the west of the site is industrial and commercial development, also located in Los Angeles County. There are no parks, school or religious facilities located within 500 feet of the subject site. 0 b. Appropriate measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris; The proposed use consists ofa dine -in bona fide eating establishment which is not likely to generate junk, litter, or debris. c. Lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings; Adequate lighting exists along Arrow Highway, and within the shopping center. d. Protection of persons residing on or using adjacent properties from noise, illegal activity, odors, and undue light and glare; No persons reside on the property. Persons living adjacent to the property will not be exposed to unacceptable levels of noise, odors, and light and glare, as there will be no change to the outside of the structure. e. Provision of onsite security, both inside and outside the building, to satisfy any concerns raised by the Police Department; The Police Department conducted a thorough review of the application, including a visit to the site. They concluded that approval of an ABC license for the 1,647 square foot lease space at 1167 Arrow Highway would not jeopardize public safety in this area. Therefore, the Police Department recommended approval of the Minor Use Permit subject to certain conditions listed in the attached Exhibit `A ". f. Adequacy of off-street parking provided for the use; The property is located within an existing shopping center that currently has eight (8) tenant spaces, with seven (7) currently occupied and a total of 25 on-site parking spaces. The limitation on the number of seats permitted in the restaurant ensures that adequate parking is provided on site. g. Hours of operation; The hours of operation permitted for the existing restaurant are 6 a. m. to 10 p. m. seven (7) days a week. No changes will be made to the permitted hours of operation. h. Controls on occupancy limits inside the building and loitering outside of the building; Occupancy limits will be strictly enforced through interior signage. The nature of the business (a bona fide eating establishment) is not likely to attract loitering outside of the establishment. i. Prevention of adverse effect of the use on value of adjacent properties; The establishment of a bona fide eating establishment within an existing shopping center will not have an adverse impact on the center and may help revitalize and improve the site as a whole. Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration. Undue Concentration The Development Code does not contain a standard for appropriate concentration levels of alcohol sales outlets. However, the Business and Professions Code defines undue concentrations for use by the State Department ofAlcoholic Beverage Control (ABC) when reviewing applications for liquor licenses. According to Section 23958.4 of the Business and Professions Code, an undue concentration of off -sale outlets exists when either of the following is found to exist: The ratio of on -sale retail licenses to population in the census tract in which the premises are located exceeds the ratio of on -sale retail licenses to population in the county; or The applicant premises are located within a high crime according to Police Department statistics. With respect to the ratio ofon-sale licenses topopulation, a maximum of3 on -sale licenses are permitted in this Census Tract before an undue concentration is determined to exist. With the applicant's restaurant, there would be 4 on -sale licenses in the Census Tract, which would be considered an undue concentration. With respect to the number of crimes, the property is located within Crime Reporting District 436. The average number ofPart I crimes per district in 2007 was 13. District 436 had 22 Part I crimes during 2007. The subject location had no reported Part I crimes and of 6 calls for service, 5 took place from a pay phone located outside the restaurant therefore are not considered to have been related to the restaurant use. The Police Department reports that while the subject reporting district has a greater number ofPartl crimes compares to the City Average, most bona fide restaurants with on -sale beer and wine licenses do not typically generate the number of alcohol-related crimes as those typically associated with establishments that sell alcohol "to go " (i.e. liquor stores and markets). When an undue concentration is found to exist, ABC is required to deny a license unless it is shown that the public convenience or necessity would be served by the issuance. Finding of Public Convenience or Necessity The proposed restaurant is located within the Arrow Highway Corridor (CAH). The City's goal for this district is to accommodate a wider range of retail and office uses than the other corridor designations. The ability to serve alcohol will enable the restaurant to better compete with other restaurants within the area that provide the same service. The City's Police Department has reviewed this request, as well as activities related to similar uses in the immediate vicinity, and has found no reason to deny the on-site sales/consumption of alcohol as long as the owner abides by all applicable ABC regulations pertaining to sales and consumption on their premises and the conditions of approval of this Use Permit. 2. The proposed use is consistent with the General Plan and any applicable specific plan: The General Plan Land Use designation of the subject property is Commercial -Mixed -Use: there is no specific plan applicable to the subjectproperty.. Theproposal is consistent with the following goals and policies of the General Plan: Land Use Goal 3: "Azusa's corridors will be transformed into well-planned transit corridors, providing some retail and commercial opportunities in mixed-use settings. " Land Use Goal 5: Allow for and encourage the intensification of commercial uses in the corridors and in the districts to provide economic stability and to provide residents with essential good and services. Land Use Goal 10: Ensure the compatibility among various types of Land Uses. Policy 10.5 Require that entertainment (including sporting), dining, and drinking establishments, and other uses characterized by high activity levels provide adequate physical and safety measures to prevent negative impacts on adjacent properties The establishment of a restaurant at this location has helped with the revitalization of this mixed use district. The inclusion of on-site sale of alcohol will enable the owner to compete with other restaurants within the area and provide a better dining experience to its patrons. Therefore, the ability to serve alcohol in conjunction with food consumption is consistent with General Plan goals and policies. 3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity: The site is ofadequate design, location, size and the characteristics of the proposed on-site sale ofalcohol are compatible with the existing and future land uses in the vicinity. The zone allows for commercial uses and it is the City's goal to have successful and viable businesses within the Arrow Highway Corridor. 4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints: • The subject business is located within an northeast corner of Arrow Highway and P a maximum of 15 patrons at one time. Highway and Vincent and has both pedes arterial corridors. 0 ting commercial retail center located at the ntAvenue. The restaurant ispermittedto seat business is located at the corner of Arrow x and vehicular access from the intersection 5. Granting the permit would not be detrimental tb the public interest, health, safety, convenience, or welfare, or materially injurious to persons,lproperty, or improvements in the vicinity and zoning district in which the property is located: Granting the permit will be consistent with the General Plan goals andpolicies. The inclusion of on-site sale of alcohol will enable the owner to compete with other restaurants within the area and provide a better dining experience to its patrons. Therefore, the ability to serve alcohol in conjunction with food consumption is consistent with General Plan goals and policies. SECTION 3: Based on the aforementioned findings, the City Council does hereby approve Use Permit No. UP 2008-02 for the property located'at: 1197 W. Arrow Highway, Azusa, California. SECTION 4: The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 2nd /fOSEPH R. ROCHA, MAYOR I HEREBY CERTIFY that the foregoing City Council of the City of Azusa, at a regular in 2008, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: NONE ABSENT COUN ILMEMBER:NONE VERA MENDOZA, CITY CLE of September, 2008. ATTES MVERA MENDOZA, CITY CLERK tion No. 08-C75, was duly adopted by the thereof, held on the 2°d day of September, CARRILLO, MACIAS, HANKS, ROCHA APP VED AS TO FORM: F �r 4rGy� CITY ATTORNEY