CONDITIONAL USE PERMIT

Transcription

1 CITY OF LANCASTER PLANNING DEPARTMENT Fern Avenue, Lancaster, California (661) Proposed Use Within An Existing Building Alcohol and Entertainment (TYPE A1) Purpose The purpose of regulating the sale of alcoholic beverages or request for entertainment is to ensure that such uses will not adversely affect surrounding residents, businesses, and institutions; and to ensure that any such use operates in a manner compatible with existing and future adjacent uses. No place where alcoholic beverages are sold, served, or given away as a normal course of business for on-sale or off-sale consumption, shall be established without first obtaining a conditional use permit from the City. No existing deemed approved alcoholic beverage establishment shall substantially change its mode or character of operation as such term is defined by the Zoning Ordinance, without first obtaining a conditional use permit. Since the Zoning Ordinance cannot be drafted to equitably deal with every circumstance, the conditional use permit process is designed to provide the City sufficient flexibility to determine whether a specific land use on a certain site will be compatible with its surroundings, the General Plan, and the zoning on adjacent parcels. Process Step 1 - Project Consideration Early in the consideration of a project for which a conditional use permit for alcohol uses is or will be required, the applicant should carefully review the requirements and restrictions contained in Chapter of the Lancaster Municipal Code. THE APPLICANT IS ADVISED TO CONSULT WITH NEIGHBORING RESIDENTS/BUSINESS WITH REGARD TO THE PROPOSED USE IN THE INTEREST OF DETERMINING HOW THE USE COULD BE DESIGNED AND OPERATED TO ADDRESS LOCAL CONCERNS. Step 2 - Filing of Application The applicant or a representative must submit the completed application in person to the Planning Department between 8:00 a.m. to 5:00 p.m. Monday through Thursday and 8:00 a.m. to 4:00 p.m. Friday or by mail to the City of Lancaster/Planning Department, Fern Avenue, Lancaster, CA A staff person will review the materials to make sure all the required forms are provided and signed. The applicant will also be required to submit the full amount of required processing fees with the application. The applicant shall be notified via Page 1

2 within 30 days as to whether the application is complete or if any additional information is required. An application will be determined incomplete if any of the following conditions exist: Page 2 1) Any of the items on the "Conditional Use Permit Checklist" have not been submitted; 2) Required signatures are missing or are not discernible; 3) Forms are not complete; 4) Forms are not notarized as required; 5) Property ownership list is not complete or was not taken directly from County Assessor s Records; 6) Site plans have not been correctly prepared or are missing required information. The estimated time for the processing of a conditional use permit application for alcohol and/or entertainment will vary depending upon the complexity and magnitude of the proposal and staff and Commission workload, but is approximately 60 days. Step 3 - Development Review Committee Recommendation After interdepartmental and agency review, the applicant may be invited to attend a regularly scheduled Development Review Committee (DRC) meeting to discuss the project in detail. The DRC may identify parts of the project that could require design modification to comply with City codes, or to make it more compatible with surrounding uses. The applicant will also be advised of specific condition(s) of approval of the project that will be recommended by staff. Comments and suggestions by the applicant or designated agent are encouraged by the Committee as it is the intent of the development review process to fully inform the applicant regarding City ordinances and development standards pertinent to the project. During the DRC meeting, the applicant would receive staff recommendation to the Planning Commission. Notification of the time, date, and place of the DRC meeting will generally occur on the week prior to the actual DRC meeting date. Step 4 - Staff Report The staff report will include an evaluation of the relationship of the proposed project with the City's General Plan and the required findings for approving a conditional use permit as contained in the Zoning Ordinance; will analyze land use and related impacts or concerns as well as recommendation by the Development Review Committee. A copy of this report will be sent to the applicant prior to the Planning Commission hearing on the application. Step 5 - Planning Commission Review The Planning Commission will hold a public hearing with notice to the applicant and surrounding property owners to review the conditional use permit. At the hearing, the staff will first present its report and recommendation. This presentation will be followed by testimony from the applicant and any interested persons who may wish to comment on the application.

3 The Planning Commission may then close the public hearing to make a decision to: (1) approve, (2) conditionally approve, (3) deny the request, or (4) continue the public hearing to a specified time, date, and place. The Planning Commission's decision will become final unless a written appeal is made to the City Clerk following Planning Commission action. Step 6 - Appeal Appeals to City Council: In the event an appeal is considered warranted by an individual(s) believed to be aggrieved by Commission action, such appeal must be filed pursuant to provisions of the City Uniform Appeal Ordinance within 10 working days following Planning Commission action. Submittal Requirements 1. APPLICATION PACKET Submit signed, completed APPLICATION packet, which includes Application Form, Financial Interest Disclosure (website), Certified Property Owner's List Affidavit (website), and Investigators Report Form (website). All questions must be answered. Owner's affidavit MUST be signed by Owner(s) of record. PURCHASER IN ESCROW IS NOT ACCEPTABLE. 2. PROCESSING FEE Submit a cashier s check or check for total amount of the required fee for the Conditional Use Permit, made payable to the City of Lancaster. PROCESSING OF APPLICATIONS WITH RETURNED CHECKS WILL STOP UNTIL PAYMENT IS MADE PER CITY POLICY. 3. VICINITY MAPS A. Ownership Map 1) Map shall include the applicant's property with dimensions and all surrounding property within a radius of 500 feet (in Urban Areas) or 1,500 feet (in Rural Areas) from the exterior boundaries of the subject property. (NOTE: urban and rural are determined based on the General Plan land use designation). 2) Identify property ownership within this 500-foot (or 1,500-foot) radius by indicating on the correct parcels or lots the number assigned to correspond with the property owner's list described below. B. Distance Separation Map Page 3 1) Map shall include the location of proposed establishment with the distance separation information as per Section The distance

4 4. PROPERTY OWNER'S LIST separation map is not required for bona fide restaurants and off-sale incidental alcoholic beverage establishments. A. Prepare a complete list of names and mailing addresses of current property owners of each parcel or lot within, or partially within, the 500-foot (or 1,500- foot) radius described above THIS INFORMATION MUST BE AS IT APPEARS ON THE LATEST AVAILABLE ASSESSMENT ROLL OF THE COUNTY ASSESSOR (County office located at 251 East Avenue K-6, Lancaster), and shall be certified as true and correct. OWNERSHIP RECORDS FROM OTHER SOURCES ARE NOT ACCEPTABLE. B. Assign a number to each name on the list, and put the corresponding numbers on the correct parcels or lots on the "Ownership Map". (See above item no. 3). C. Submit a notarized CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT to verify completeness and accuracy of names and addresses submitted. AN INACCURATE OR INCOMPLETE LIST WILL BE CAUSE TO REMOVE THE CASE FROM THE AGENDA OR REQUIRE A REHEARING OF THE CASE. A complete LEGAL DESCRIPTION of the subject property must be typed on or attached to the AFFIDAVIT accompanying the ownership list. 5. PROPERTY OWNER'S MAILING STICKERS Submit one (1) complete set of mailing labels and one (1) copy for all of the property owners listed in item No. 4 above, including the following: A. Name and address of property owner(s) of proposed conditional use permit. B. Name and address of applicant if different than the property owner. C. Name and address of applicant's engineer, architect, or other consultants. D. Name and address of the manager of any mobile home park, or portion thereof, within the 500-foot (or 1,500-foot) radius of the project. Such label shall include the letters "MHP" apart from the address so that notices mailed to such managers contain a request to post the notice in a public area within the park. Notices of the hearing will be mailed by the Planning Department to all parties on these lists. DO NOT SUBMIT MAILING STICKERS ONLINE. 6. PLANS A. SITE PLAN Fifteen (15) blackline copies folded to approximately 9"x12", and must be legibly drawn on one sheet containing the following: 1) A title block containing the project name or proposed land use. Page 4

5 2) Name and address of legal owner and persons preparing the map. 3) Date, north arrow, and scale (use a conventional engineering scale; e.g., 1" = 20'). 4) Parking calculation containing a breakdown of the total parking spaces, business types, and floor area of units B. ELEVATIONS Five (5) 11 x17 minimum (legibly drawn, of each sheet if more than one) color elevations or color photos, containing the following : 1) Date and scale (use a conventional engineering scale (e.g., 1 = 20 ). 2) All architectural elevations of each view (north, east, south, and west) of each proposed building type (include adjacent structures on street elevation) with height of structures dimensioned in feet. Include a composite elevation from street if multiple buildings are proposed (incorporate the profile of landscaping and buildings adjacent to each elevation). * REVIEW DESIGN GUIDELINES PRIOR TO SUBMITTAL OF ELEVATIONS: For design requirements, click on: Departments & Services > Planning > Design Guidelines. C. FLOOR PLANS Five (5) blackline copies folded to approximately 9 x12, must be legibly drawn, fully dimensioned, and contain the following: 1) Provide dimensions of floor plan, calculate square-footage, and identify each room. 2) Identification of areas proposed for the sale and display of alcoholic beverages. D. INVESTIGATORS REPORT a completed Investigators Report form is required to be submitted as part of the application for all alcohol-related uses. E. RESTAURANT MENU provide a detailed menu of items to be sold. Menu shall have the restaurant s name and hours of operation. Page 5

6 APPLICATION CITY OF LANCASTER PLANNING DEPARTMENT Fern Avenue, Lancaster, California (661) (Type A1) Proposed Use Within An Existing Building Alcohol and Entertainment FOR STAFF USE ONLY: CUP No.: Received By: Date Filed: Cross Reference Case No.: Name of Applicant (please print) Contact Name Address City State Zip Code Phone Number Fax Number Address Name of Engineer/Architect Address City State Zip Code Phone Number Fax Number Address Location of Project (address or vicinity) Name of Proposed Project Existing Zoning Assessor's Parcel Number (The answers to the following must be made complete and full.) 1. USE APPLIED FOR: (Describe in detail the nature of the business, occupation or purpose for which the building, structure, improvement, or premises are to be used and what is to be done on or with the property in the way of additional improvements) 2. GIVE EXACT LEGAL DESCRIPTION OF PROPERTY. Use extra sheet if necessary. Page 6

7 3. A HEARING IS BEING REQUESTED TO DETERMINE THE LAND USE PROPERTY RIGHT OF THE APPLICANT SINCE: a. THE ZONE OR THE PROPOSED USE IN THIS ZONE REQUIRES A CONDITIONAL USE PERMIT. (State why the use should be considered for this location) b. SUCH USE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE NOR THE PROPERTY OF OTHER PERSONS LOCATED IN THE VICINITY THEREOF BECAUSE: (State in detail why the use of property requested will not be detrimental to the surrounding community) 4. Indicate other permits and approvals secured in compliance with the provisions of other applicable ordinances. FOR ALCOHOL AND LIVE ENTERTAINMENT RELATED USES COMPLETE SECTION BELOW ALCOHOL USES 1. Indicate ABC License type. 2. Indicate type of alcohol establishment per section (Please Circle): Primary Off-Sale Primary On-Sale Incidental Off-Sale Incidental On-Sale 3. Provide hours of operation and days of the week of the establishment. 4. Provide hours and days of the week for alcohol sales. Page 7

8 5. Provide hours of deliveries to establishment. 6. Is this a restaurant? Yes No (if yes, provide a detailed menu) 7. Describe type and method of security to be provided. If security to be provided by an entity other than the applicant, provide name, address and phone number of security service. 8. A HEARING IS BEING REQUESTED TO DETERMINE THE LAND USE PROPERTY RIGHT OF THE APPLICANT SINCE: a. THE PROPOSED ALCOHOL USE IN THIS ZONE REQUIRES A. (State why the use should be considered for this location) b. SUCH USE WILL NOT ADVERSELY AFFECT NEARBY RESIDENTS AND FACILITIES PRIMARILY DEVOTED TO USE BY CHILDREN, FAMILIES, AND THE GENERAL PUBLIC, AFTER GIVING CONSIDERATION TO THE DISTANCE OR PROXIMITY OF THE PROPOSED ALCOHOLIC BEVERAGE ESTABLISHMENT TO RESIDENTIAL DISTRICTS, SCHOOLS (PUBLIC OR PRIVATE), DAY CARE CENTERS, PUBLIC PARKS, PLAYGROUNDS AND OTHER RECREATIONAL FACILITIES, CHURCHES OR OTHER PLACES OF RELIGIOUS WORSHIP, HOSPITALS, CLINICS OR OTHER HEALTH CARE FACILITIES BECAUSE: (State in detail why the use of property requested will not adversely affect the surrounding community) ENTERTAINMENT USES: 1. Will live entertainment be provided? Yes No (if yes, please describe type, days, and hours of operation and minimum age limit) 2. Describe type and method of security to be provided. If security to be provided by an entity other than the applicant, provide name, address and phone number of security service. Page 8

9 3. THE PROPOSED ENTERTAINMENT USE REQUIRES A CONDTIONAL USE PERMIT. (State why the use should be considered for this location) 4. SUCH USE WILL NOT ADVERSELY AFFECT NEARBY RESIDENTS AND FACILITIES PRIMARILY DEVOTED TO USE BY CHILDREN, FAMILIES AND THE GENERAL PUBLIC, AFTER GIVING CONSIDERATION TO THE DISTANCE OR PROXIMITY OF THE PROPOSED ALCOHOLIC BEVERAGE ESTABLISHMENT TO RESIDENTIAL DISTRICTS, SCHOOLS (PUBLIC OR PRIVATE), DAY CARE CENTERS, PUBLIC PARKS, PLAYGROUNDS AND OTHER RECREATIONAL FACILITIES, CHURCHES OR OTHER PLACES OF RELIGIOUS WORSHIP, HOSPITALS, CLINICS OR OTHER HEALTH CARE FACILITIES BECAUSE: (State in detail why the use of property requested will not adversely affect the surrounding community) 5. SUCH USE WILL BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE NOR THE PROPERTY OF OTHER PERSONS LOCATED IN THE VICINITY THEREOF BECAUSE: (State in detail why the use of property requested will not be detrimental to the surrounding community) NOTE: See instructions as to the preparation of site plans, elevations, or other data or information pertinent to this particular request. PROPERTY AUTHORIZATION THE UNDERSIGNED STATES THAT THEY ARE THE OWNER of the property described herein and hereby gives authorization for the filing of this application. Further, I DO BY MY/OUR SIGNATURE(S) ON THIS AGREEMENT, absolve the City of Lancaster of all liabilities regarding any deed restrictions that may be applicable to the property described herein. Print Name Signature Date Print Name (Applicant) Signature Date Page 9

10 CY OF LANCASTER PLANNING DEPARTMENT Fern Avenue, Lancaster, California (661) SITE PLAN SITE PLAN CHECKLIST Site Plan to include but not limited to the following items: Title Block on lower right hand side of map Title, Project name, North arrow and engineering scale Name and address of legal owner Name and address of persons preparing the plan Date of preparation Exterior boundary lines of the property Location map outlining site showing major streets within a square mile Distances from the property lines to the centerline of an existing major street unless the project is located on the corner of an existing major intersection Land area: gross and net acreage Identify proposed location and dimension of: Parking count by type of space (handicapped, compact, full size); indicate required parking and proposed parking Interior circulation Driveways (on-site, adjacent, and across the street) All lettering legible and minimum size of 1/8 inch PARKING CALCULATIONS Parking Calculation for the site ELEVATIONS Photos of existing building FLOOR PLAN Dimensioned floor plans Calculate square-footage Identify each room If patios or balconies are used as private space, show percentages and square-footage MENU Restaurant Menu Page 10

11 CITY OF LANCASTER PLANNING DEPARTMENT Fern Avenue, Lancaster, California (661) MATERIALS RECEIPT CHECKLIST (TYPE A1) This form to be completed by Planning Department; place submittal package in the following order: Application Form Financial Interest Disclosure (website) Investigators Report Form (website) Certified Property Owner's List Affidavit (website) Property Ownership List keyed to Map Vicinity Ownership Map (500 radius in Urban /1500 radius in Rural Areas) Vicinity Owner's Mailing Labels (1 set and 1 copy) Submit by mail or in person Map (1) distance separation (if applicable) Site Plan (15) blackline copies folded to 9 x12 Color Elevations (north, east, south, and west) (5) copies - 11 x17 or color photos Floor plan (5) blackline copies folded to 9 x12 Parking Calculations Restaurant Menu Fee - Submit by mail or in person This constitutes receipt of above-checked required filing materials, and does not necessarily guarantee completeness of application. Fees: See Fee Schedule Submittal Hours: 8:00 a.m. to 5:00 p.m., Monday through Thursday 8:00 a.m. to 4:00 p.m., Friday s only FOR STAFF USE ONLY: Case No.: Received By: Date Filed: Cross Reference Case No.: Page 11