REPORT TO PLANNING COMMISSION
SUBJECT
Title
Consent: Action on Use Permit Amendment for ABC License Type 47 for Fleming’s Prime Steakhouse located at 2762 Augustine Drive
Report
REPORT IN BRIEF
Project: Use Permit to allow on-site sale and consumption of a full range of alcohol (ABC Type 47 License)
Applicant: Fleming’s Prime Steakhouse & Wine Bar
Owner: Irvine Company Retail Properties
General Plan: Regional Mixed Use
Zoning: Planned Development (PD)
Site Area: 10,453 square foot tenant space
Existing Site Conditions: Existing tenant space within Santa Clara Square
Surrounding Land Uses
North: U.S. 101 Highway (U.S. 101)
South: Industrial Uses
East: Industrial Uses
West: Retail and Office 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 Amendment to allow the sale and service of alcohol within the 3,078 square-foot expansion to the existing restaurant. The restaurant currently occupies a 7,375 square-foot tenant space with 234 existing seats in Santa Clara Square, a multi-tenant retail/apartment mixed-use complex at the northeast corner of Bowers Avenue and Scott Boulevard. The proposal would expand the restaurant by 3,078 square feet for a total of 10,453 square feet and 335 seats. The existing 7,375 square-foot restaurant obtained a Use Permit for the on-site sale and consumption of alcohol in 2016 (PLN2016-11970).
Fleming’s Prime Steakhouse is a full-service restaurant chain. The restaurant is open Monday through Saturday from 11 a.m. to 11 p.m. and Sunday 10 a.m. to 11 p.m. Alcohol sales for on-site consumption are proposed daily during food service hours in the main dining room, private dining rooms, bar, and patio area. Fleming’s Prime Steakhouse does not anticipate any entertainment uses at this location other than ambient music.
DISCUSSION
The primary issues for the project are consistency with the City’s General Plan and Zoning Code.
Consistency with the General Plan
The subject property has a General Plan designation of Regional Mixed Use. This classification is a combination of the Regional Commercial and High-Density Residential designations and is intended for high‐intensity, mixed‐use development along major transportation corridors in the City. This designation permits all types of retail, local serving offices, hotel and service uses, except for auto-oriented uses, to meet local and regional needs. The proposed project is consistent with the following General Plan policies:
• 5.3.4‐P6: Locate a neighborhood square or plaza within large mixed‐use developments.
• 5.3.4‐P11: Foster active, pedestrian‐oriented uses at the ground level, such as retail shops, offices, restaurants with outdoor seating, public plazas or residential units with front stoops, in mixed use development.
Zoning Conformance
The zoning designation for the subject property is Planned Development (PD). This district is intended to accommodate development that is compatible with the existing community and that integrates uses that are not permitted to be combined in other zone districts; or utilizes imaginative planning and design concepts that would be restricted in other zone districts; or subdivides land or air space in a manner that results in units not having the required frontage on a dedicated public street; or creates a community ownership project.
SCCC Section 18.110.040 specifies the findings required in order for the Planning Commission to grant a Use Permit. Included in the Conditions of Approval (C7) is a requirement for the Planning Commission to review the Use Permit within 12 months from the date the applicant obtains their modified ABC Type 47 license. After six months from obtaining the ABC license, the City shall conduct an administrative review of ABC violations and police service calls and shall report any significant occurrences to the Planning Commission.
Use Permit Findings
The applicant is requesting a Use Permit to allow on-site sale and service of alcohol (ABC License Type 47) in a newly expanded restaurant. The applicant has provided proposed findings to support the Use Permit request and is attached to this staff report. Use Permit findings prepared by staff and presented in the attached Planning Commission Resolution supporting approval of the request.
Circulation and Parking
Santa Clara Square is accessed from Augustine Drive or Scott Boulevard by four driveways. The PD development standards for the retail center and residential/mixed use (PLN2014-10257/PLN2015-10900) propose one parking space for each 200 square feet of floor area regardless of the number of seats. Parking for dedicated outdoor dining is required at a rate of one parking space per three seats. The parking standards are generally consistent with the City’s parking regulations. With the restaurant expansion, a total of 335 seats, including 44 existing patio seats, are proposed.
Santa Clara Square has a Master Retail Seating and Parking Permit Program in place (PLN2016-11668). Additional retail parking would be provided on site within the office campus parking garage located across Augustine Drive near the western portion of the project site. There are 320 parking spaces available within the office parking garage for Santa Clara Square retail employee and customer parking. The number of available parking spaces within the parking garage may vary but will be available indefinitely for retail parking.
Conclusion
The proposal is consistent with the General Plan and zoning designations for the subject property, and would allow service to an expanded area of an existing restaurant. The proposed expansion of the on-site sale of alcohol continues an ancillary activity to the permitted restaurant use that would meet customer needs and convenience, enhance a quality commercial use and dining experience, and draw local and regional patronage to the 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 use will occur inside an existing building involving 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
Public notice was posted 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 a Use Permit Amendment for the sale and service of alcohol (ABC License Type 47) in a newly expanded restaurant (Fleming’s Prime Steakhouse), subject to conditions of approval.
Staff
Prepared by: Rebecca Bustos, Associate Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Reena Brilliot, Planning Manager
ATTACHMENTS
1. Development Plans
2. Resolution Approving the Use Permit
3. Conditions of Approval
4. Applicant Statement