STAFF REPORT. To allow the On Sale of beer, wine, and spirit based products in conjunction with a restaurant. District

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1 # 16 ) UN MARISCOS LA LOMITA DE CULIACAN SPECIAL USE PERMIT ON SALE OF BEER, WINE, AND SPIRIT BASED PRODUCTS PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: June 14, 2017 Item: UN Prepared by: Marc Jordan GENERAL INFORMATION: Applicant: Property Owner(s): Requested Action: Purpose: Location: Guadalupe Parra Cloud Commercial LLC Approval of a special use permit To allow the On Sale of beer, wine, and spirit based products in conjunction with a restaurant 3330 Losee Road Parcel Number(s) Lot Area: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: 1.35 ± acres Heavy Industrial Industrial Complex, M-2, General Industrial District North: Industrial; M-2, General Industrial District West: Industrial; M-2, General Industrial District East: Industrial; M-2, General Industrial District South: Undeveloped; M-2, General Industrial District BACKGROUND INFORMATION: The applicant is requesting Planning Commission consideration to allow the On Sale of beer, wine, and spirit based products in conjunction with their existing restaurant, Mariscos La Lomita de Culiacan.

2 The subject site was constructed in 2006 and contains three buildings. A variety of uses currently exist on the property, which include auto service types of businesses, machine shop, and warehousing. The existing restaurant is located within the smallest building and in the center of the site. The applicant has indicted the addition of On Sale services will help bring in new customers and improve their sales by approximately 50 percent. According to Business License records, the applicant received their business license on March 29, On September 8, 2004, the Planning Commission approved a site plan review (SPR-42-04) for the subject site. Since original construction, two special use permits (UN and UN-06-07) have been approved for automobile type services within portions of the other two buildings on the subject site. In addition, a special use permit (UN-99-06) was also approved for a title shop in the adjacent building. The building occupied by the applicant has always been approved for restaurant use. Specifically, on September 8, 2004, the Planning Commission approved a special use permit (UN-95-04) for Port of Subs within the building. Port of Subs remained open for approximately two years. Furthermore, on May 11, 2011, the Planning Commission approved a special use permit (UN-33-11) for Mr. Willy s Chicken and Fish within the same building, which was only open for a short period of time. Since the site was originally constructed, the City adopted a new Zoning Ordinance in June of 2011, which became effective in October of As a result, Fast Food Restaurants or Restaurants no longer require approval of a special use permit. Therefore, a restaurant use can now be approved by staff with a conditional use permit. On April 26, 2013, staff approved a conditional use permit (CUP ) for Jake s Filling Station. Jake s Filling Station opened in October of 2013 and closed in July of Afterwards, Cliantros Tacco Grill took over the location in August of 2014 and closed in January of The applicant then took over the location in March of DEPARTMENT COMMENTS: Public Works: Fire Prevention: Police Department: No comment. No comment. Please see the attached memorandum. ANALYSIS: The applicant is required to submit a survey plat stamped by a Nevada-licensed surveyor or a notarized statement indicating that the proximity distance requirements have been met. The applicant has submitted a notarized statement indicating the proposed 2

3 establishment complies with the 400-foot separation requirement from any school, park, daycare and/or church. The original site plan review (SPR-42-04) for the subject site was approved with the subject building being designated for use as a restaurant. According to the approved site plan, approximately 10 parking spaces were designated for restaurant patrons. The building has always operated as a restaurant and is currently operating as a restaurant. As a result, the addition of beer and wine should not impact the current parking. Requirements for Approval of a Special Use Permit In accordance with the Zoning Ordinance, the Planning Commission may, by motion, grant a special use permit if the Planning Commission finds, from the evidence presented, that all of the following facts exist: 1. The proposed use is consistent with the Comprehensive Master Plan and all applicable provisions of this Code and applicable State and Federal regulations; 2. The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards and criteria in Chapter of this Code; 3. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (such as, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts); 4. Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable; and 5. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development. Staff has no objections to the proposed use. The proposed request is consistent with development of the subject site and the previous uses, and does not impact the Comprehensive Plan. Furthermore, the proposed use should not have any negative impacts on the surrounding properties or businesses. RECOMMENDATION: The Land Development and Community Services Department recommends that UN be approved subject to the following conditions: 3

4 Planning and Zoning: 1. That, unless expressly authorized through a variance, waiver or another approved method, this development shall comply with all applicable codes and ordinances. ATTACHMENTS: Police Department Memorandum Letter of Intent Site Plan Building Elevations Notarized Statement Clark County Assessor s Map Location and Zoning Map 4

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