REPORT TO PLANNING COMMISSION
SUBJECT
Title
Consent: Action on an Amendment of an Existing Use Permit to Allow Extended Hours of Outdoor Patio Dining with Beer and Wine Service for the Wicked Chicken Restaurant (ABC License Type 41) Located at 2565 The Alameda
Report
REPORT IN BRIEF
Project: Amend existing Use Permit condition of approval to allow beer and wine service in an outdoor patio dining area, currently limited to between 11:00 a.m. and 10:00 p.m., to match the existing restaurant operation for indoor dining between 10:00 a.m. and 2:00 a.m. daily.
Applicant: Wicked Chicken
General Plan: Neighborhood Mixed Use
Zoning: CC - Community Commercial
Site Area: 2.72 Acres
Tenant Lease: 2,294 square feet
Existing Site Conditions: Existing tenant space within a shopping center
Surrounding Land Uses
North: The Alameda and University of Santa Clara Campus, zoned B (Public-Quasi Public); and, Vacant service station site, zoned CN (Neighborhood Commercial)
South: Apartments, zoned R3-25D (Moderate Density Multiple-Dwelling Residential)
East: Drive-through restaurant, zoned CC (Community Commercial), and motel, zoned CT (Thoroughfare Commercial)
West: Grocery store and remainder of University Shopping Center, zoned CC
Issues: Consistency with the City’s General Plan and Zoning Ordinance
Staff Recommendation: Adopt the resolution approving the amendment to the existing Use Permit, subject to conditions of approval
BACKGROUND
The applicant is requesting to amend an existing Use Permit to allow beer and wine service in an outdoor patio dining area between 10:00 a.m. and 2:00 a.m. on a daily basis. The existing Use Permit conditions of approval limit the hours of use for the outdoor patio dining area to between 11:00 a.m. and 10:00 p.m. The original Use Permit for beer and wine service for a restaurant was approved in 1994. It was amended in 2003 to allow 16 outdoor seats without beer and wine service. In 2005, approval was granted to allow the beer and wine in the outdoor dining area with limitations on the hours of operations.
The existing restaurant is approximately 2,294 square feet and operates between 10:00 a.m. and 2:00 a.m. The existing hours of operation vary on weekends and special event days. The applicant is seeking to amend the conditions of approval to match the restaurant operation for outdoor dining with that of the indoor dining.
The applicant was asked about interest in amending the use permit to allow for indoor live entertainment. The applicant noted there is no interest in reconfiguring the existing floor plan to accommodate indoor live entertainment at this time.
DISCUSSION
The primary issues for the project are consistency with the City’s General Plan and Zoning Code.
General Plan and Zoning Conformance
The proposal is in conformance with the Community Commercial zoning and Neighborhood Mixed Use General Plan land use designation for the site. Restaurants providing full service dining and alcohol service are supported in the General Plan and are consistent with Commercial Land Use Policy 5.3.3-P1, which states: “Provide a mix of retail and commercial uses to meet the needs of local customers and draw patrons from the greater region.”
Pursuant to Santa Clara City Code provisions for commercial zoning districts, restaurants that serve alcoholic beverages are an allowable use subject to Planning Commission review and approval of a Use Permit. The establishment provides a convenient food service location where services are in demand. The use can be conditioned to limit activity to minimize any negative impacts to the area.
Circulation and Parking
There are no changes to the circulation and parking with this request. The proposed change in the hours of operation for outdoor dining is not expected to generate additional parking demands that have not already been accounted for. A total of 135 vehicle parking spaces are provided for shared use by all the tenants in the existing center. The applicant is required to upgrade the existing bicycle parking with 4 class II bicycle rack spaces at the main entrance or high visible area.
Conclusion
The proposal is consistent with the General Plan designation and zoning ordinance regulations for the subject property. The proposed amendment to existing Use Permit conditions of approval allow for the beer and wine service in outdoor patio dining between 10:00 a.m. and 2:00 a.m. which is in line with the existing indoor dining operations. This provides additional convenience and desired service for outdoor dining patrons of this restaurant.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301, Class 1 Existing Facilities, in that the proposed change to the hours of operations for outdoor dining involves negligible or no expansion of an existing use.
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense which are offset by permit application fees.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On July 12, 2019, public notice 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.
RECOMMENDATION
Recommendation
Adopt a Resolution approving amendment of the Use Permit to allow the extension of hours of outdoor patio dining with beer and wine service (ABC License Type 41), subject to conditions of approval.
Staff
Prepared by: Yen Han Chen, Associate Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Reena Brilliot, Planning Manager
ATTACHMENTS
1. Project Data
2. Resolution Approving the Use Permit
3. Conditions of Approval
4. Statement of Justification
5. Development Plan