REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action on Use Permit for ABC License Type 41 for Tapsilog Bistro at 1998 Homestead Road
Report
REPORT IN BRIEF
Project: Use Permit to allow on-site sale and consumption of beer and wine (ABC Type 41 License) for the subject site.
Applicant: Edmund Sanchez
Owner: Jinhie Lee, US Realty
General Plan: Community Commercial
Zoning: Neighborhood Commercial (CN)
Site Area: 1,200 square foot tenant space
Existing Site Conditions: Existing restaurant
Surrounding Land Uses:
North: Commercial uses
South: Single family residences
East: Single family residences
West: Commercial uses
Issues: Consistency with the City’s General Plan and Zoning Ordinance
Staff Recommendation: Adopt the resolution approving the Use Permit, subject to conditions of approval
BACKGROUND
The applicant is requesting a Use Permit to allow on-site sale and consumption of beer and wine (ABC License Type 41) in a new restaurant (Tapsilog Bistro) located at 1998 Homestead Road. The restaurant occupies a 1,200 square foot tenant space in a multi-tenant commercial building. The restaurant would not provide live entertainment as part of the regular operation. The proposed restaurant hours of operation, along with the sale and service of beer and wine, are from 8 a.m. to 9 p.m. daily.
DISCUSSION
Consistency with the General Plan
The subject property has a General Plan designation of Community Commercial. This classification is intended for retail and commercial uses that meet local and neighborhood demands. The project is also consistent with the following General Plan policies:
5.3.3-P1 - Provide a mix of retail and commercial uses to meet the needs of local customers and draw patrons from the greater region.
The proposal is consistent with this policy in that the new restaurant will provide another eatery option within the complex accessible to the greater neighborhood.
5.3.3‐P5 - Encourage public amenities and active uses in commercial centers and along commercial corridors.
The proposal is consistent with this policy in that it will support a new restaurant business, which is considered an active use in an existing commercial center.
Zoning Conformance
Under the zoning designation for the subject site, Neighborhood Commercial (CN), restaurant uses are allowed by right, while alcohol sales and consumption are considered conditional uses. Therefore, a Use Permit is required to establish and maintain the proposed alcohol sales and on-site consumption. The applicant has provided a letter of justification to support the Use Permit request.
After six months from obtaining the ABC license, the City will conduct an administrative review of ABC violations and police service calls and report any significant occurrences to the Planning Commission. The Planning Commission will also conduct a review of the Use Permit12 months from the date the applicant obtains the ABC Type 41 license.
Conclusion
The proposal is consistent with the General Plan and Zoning designations for the site. The proposed sale of alcohol for consumption off the premises where sold is an ancillary use to an existing restaurant, which would provide convenience to the local and regional restaurant patrons.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class I Existing Facilities, in that the activity consists of the permitting of a proposed use that will occur inside an existing building involving negligible or no expansion of use.
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense for the typically covered by processing fees paid by the applicant.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
A notice of public hearing of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site. Planning Staff has not received public comments for this application.
RECOMMENDATION
Recommendation
Adopt a resolution approving a Use Permit for the sale and consumption of beer and wine (ABC License Type 41) in a new restaurant (Tapsilog Bistro) located at 1998 Homestead Road, subject to conditions of approval.
Staff
Prepared by: Rebecca Bustos, Senior Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Reena Brilliot, Planning Manager
ATTACHMENTS
1. Development Plans
2. Resolution
3. Conditions of Approval
4. Letter of Justification