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File #: 19-815    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 6/25/2019 In control: Planning Commission
On agenda: 7/24/2019 Final action:
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
Attachments: 1. Project Data, 2. Resolution Approving the Use Permit Amendment, 3. Conditions of Approval, 4. Justification Letter, 5. Development Plan
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 ...

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