CITY OF SAN DIMAS PLANNING COMMISSION AGENDA Regularly Scheduled Meeting THURSDAY, AUGUST 16, 2018 AT 7:00 P.M. 245 East Bonita Avenue, Council Chambers CALL TO ORDER AND FLAG SALUTE APROVAL OF MINUTES 1. August 2, 2018 PUBLIC HEARINGS 2. CONSIDERATION OF CONDITIONAL USE PERMIT 18-0005 A request to allow on-site sales and consumption of beer and wine (Type 41 license) in association with Burgerim, a bona fide public eating place, located at 969 W. Arrow Highway, within Specific Plan No. 18, Area 1 (Community Commercial Center) Zone. (APN: 8383-010-030) Applicant: Environmental: Manuneet Kaur Virk, Alcoholic Beverage Specialists on behalf of UDAYA LLC (DBA Burgerim) CEQA Title 14, Article 19 Categorical Exemption Section15301 Existing Facilities RESOLUTION PC-1605 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, APPROVING CONDITIONAL USE PERMIT NO. 18-0005, A REQUEST TO ALLOW FOR ON-SITE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION (TYPE 41 LICENSE) IN ASSOCIATION WITH A BONA FIDE EATING PLACE LOCATED AT 969 W. ARROW HIGHWAY (APN: 8383-010-030) ORAL COMMUNICATION 3. Community Development Department 4. Members of the Audience (Members of the audience are invited to address the Planning Commission on any item not on the agenda. Under the provisions of the Brown Act, the Commission is prohibited from taking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date.) 5. Planning Commission a. Report on Meetings
Planning Commission Agenda Page 2 August 16, 2018 ADJOURNMENT Meeting to adjourn to the regular Planning Commission meeting on Thursday, September 6, 2018 at 7:00 p.m. in the City Council Chambers, located at 245 E. Bonita Avenue, San Dimas. Copies of staff reports and/or other written documentation pertaining to the items on the agenda are on file in the Planning Division and are available for public inspection during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. Information may be obtained by calling (909) 394-6250. Planning Commission minutes and agendas are also available on the City s website at: www.cityofsandimas.com Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk s Office at (909) 394-6216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. POSTING STATEMENT: On August 10, 2018, a true and correct copy of this agenda was posted on the bulletin boards at 245 East Bonita Avenue (San Dimas City Hall), 145 North Walnut Avenue (Los Angeles County Public Library, San Dimas branch), 300 East Bonita Avenue (United States Post Office), and a courtesy posting at 1160 Via Verde Avenue (Von s shopping center), and the City s website at www.cityofsandimas.com
CITY OF SAN DIMAS PLANNING COMMISSION MINUTES Regularly Scheduled Meeting Thursday, August 2, 2018 at 7:00 p.m. 245 East Bonita Avenue, Council Chambers Present Chairman David Bratt Commissioner John Davis Commissioner Margie Green Commissioner Tomas Molina Commissioner Ted Ross Assistant City Manager for Comm. Dev. Larry Stevens Planning Manager Fabiola Wong CALL TO ORDER AND FLAG SALUTE Chairman Bratt called the regular meeting of the Planning Commission to order at 7:00 p.m. and Commissioner Green led the flag salute. APROVAL OF MINUTES 1. July 19, 2018 (Davis absent) MOTION: Moved by Green, seconded by Molina to approve the minutes of July 19, 2018. Motion carried 4-0-0-1 (Davis abstained). COMMISSION BUSINESS 2. PRECISE PLAN NO. 12-02 (Informational Item) Receive and File the Final Architectural and Landscape Design Guidelines for Tentative Tract Map 70583 (Brasada) located in Specific Plan No. 25, Area 1, Zone. ACTION: Guidelines. The Commission received and filed the Final Architectural and Landscape ORAL COMMUNICATION 3. Community Development Department No communications were made. 4. Members of the Audience No communications were made.
Planning Commission Minutes Page 2 August 2, 2018 5. Planning Commission No communications were made. ADJOURNMENT MOTION: Moved by Davis, seconded by Green to adjourn. Motion carried unanimously, 5-0. The meeting adjourned at 7:30 p.m. to the regular Planning Commission meeting scheduled for Thursday, August 16, 2018, at 7:00 p.m. David A. Bratt, Chairman San Dimas Planning Commission ATTEST: Jan Sutton Planning Commission Secretary Approved:
Planning Commission Staff Report DATE: August 16, 2018 TO: FROM: Planning Commission Ariana Ruiz, Planning Aide SUBJECT: CONDITIONAL USE PERMIT 18-0005 - A request to allow onsite sales and consumption of beer and wine (Type 41 license) in association with Burgerim, a bona fide public eating place, located at 969 W. Arrow Highway, within Specific Plan No. 18, Area 1 (Community Commercial Center) Zone (APN: 8383-010- 030) SUMMARY Conditional Use Permit 18-0005 requests approval to conduct onsite sales and consumption of beer and wine in association with Burgerim, a bona fide public eating place, located at 969 W. Arrow Highway, within Specific Plan No. 18, Area 1 (Community Commercial Center) Zone. Staff recommends the Planning Commission approve Conditional Use Permit 18-0005 through the adoption of Resolution PC-1605. BACKGROUND The owner/operator of Burgerim has submitted a Conditional Use Permit application to allow the sale of beer and wine for on-site consumption in association with a restaurant located at 969 W. Arrow Highway. The restaurant is located within the San Dimas Plaza commercial shopping center that is situated north of Arrow Highway and between Lone Hill Avenue and the I-57 freeway (see Vicinity Map, Exhibit B). The restaurant is within Specific Plan No. 18, Area 1 (Community Commercial Center) Zone which conditionally permits on-site sales of alcoholic beverages, provided that such use is secondary to a primary restaurant use.
CUP 18-0005 969 W. Arrow Highway August 16, 2018 2 ANALYSIS The proposed Burgerim restaurant occupies 2,044 square feet of interior floor area. The indoor dining area occupies approximately 33 percent of the interior space, which is roughly 655 square feet in size with a total of forty-two (42) seats. The remaining 67 percent of the tenant space is dedicated to kitchen and service area, restrooms, and office space (see Project Plans, Exhibit H). The Burgerim restaurant will serve a variety of hot and cold menu items such as gourmet sliders, salad, sandwiches. In addition to providing lunch and dinner menus for dine-in, take-out and delivery will also be offered to patrons (see Sample Menu, Exhibit F). Upon entering the restaurant, patrons would place their order and pay for their purchase directly with the cashier, which is typical of many of their other franchise locations. Additionally, a bar counter area is proposed as part of the restaurant use, which is similar to those found at other full-service restaurants such as Applebee s and Red Robin; however, no distilled spirits will be sold. The new restaurant will open daily from 11:00 a.m. to 10:00 p.m. The Applicant stated that there will be an average of 6 to 8 employees with 10 to 12 employees on their busiest night. Alcohol License Undue Concentration The proposed restaurant is located within Census Tract 4012.02 (See Figure 1). There are currently eleven (11) active on-site licenses within this Census Tract (see Active On-Sale Licenses Census Tract 4012.02, Exhibit C). Figure 1. ABC licenses issued in Census Tract 4012.02.
CUP 18-0005 969 W. Arrow Highway August 16, 2018 3 The City of San Dimas Municipal Code does not contain a standard for appropriate concentration level of alcohol sales outlets. However, Section 23958.4 of the California State Business and Professions Code defines undue concentration for use by the State Department of Alcoholic Beverage Control (ABC) when reviewing applications for liquor licenses. According to Section 23958.4 of the Business and Professions Code, an undue concentration of onsale outlets exists when either of the following is found to exist: a. The ratio of on-sale retail licenses to population in the census tract in which the premises are located exceeds the ratio of on-sale retail licenses to population in the county; or b. The Applicant s premises are located within a high crime reporting district that has 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local enforcement agency. The Census Tract is authorized, by ABC, to have 4 on-sale licenses (see Number of Licenses Authorized by Census Tract, Exhibit D); therefore, the census tract would be considered over-concentrated upon approval of an additional license. This is typical of census tracts that have a large number of commercial uses. A determination of Public Convenience and Necessity must be made before an additional on-sale ABC license can be issued for this Census Tract. The City has indicated to the Applicant and ABC that the City will not make a finding of public convenience or necessity, but, should the City approve the CUP request, the City will not object to ABC or the Applicant making that necessary finding to approve the license. The Sheriff s Department has reviewed the Applicant s request and is concerned with the potential advertisement of alcohol to minors. Staff will encourage the operator to not display any advertisement of alcohol that would be detrimental to the community as San Dimas is a family-oriented community. Otherwise, there are no issues with the proposed on-site sales of alcoholic beverages. Although there is an outdoor seating area in front of the restaurant that is shared between the other tenants of the commercial shopping center, Staff has included Condition No. 11 to prohibit the drinking of alcohol outside of the restaurant establishment in order to prevent negative impacts on adjacent properties. Also, in an effort to ensure that the Applicants and their employees become familiar with ABC requirements, Condition No. 15 requires the Applicants and their employees to attend the Department of Alcoholic Beverage Control s LEAD Program Class-License Applicant Training, within 60 days of approval of the Conditional Use Permit. Documents on proof of attendance will be provided to the City upon completion of LEAD training class. Condition No. 15 also requires that any new owners or employees of the business attend the LEAD training
CUP 18-0005 969 W. Arrow Highway August 16, 2018 4 class within three months of obtaining a business license or within three months of being hired. In addition, should concerns arise in the future from the alcohol sales, Staff has included Condition No. 16 that requires changes to the operational characteristics of the business in the event that alcohol-related crime becomes a security issue or nuisance. ENVIRONMENTAL REVIEW The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities of the State of California CEQA Guidelines. Section 15301 of the State CEQA Guidelines exempts projects when the proposed project involves negligible or no expansion of use beyond that existing at the time of the lead agency s determination. The City of San Dimas allowed the construction of a multi-tenant commercial building within the Specific Plan No. 18, Area 1 (Community Commercial Center) Zone that allows restaurant uses and on-site sale of alcohol with the approval of a conditional use permit, which is a discretionary approval. Allowing on-site sales of beer and wine in conjunction with a restaurant will not create a significant adverse effect on the environment since the project involves negligible or no expansion of use beyond what was previously analyzed under CEQA at the time that the commercial building was approved for construction. RECOMMENDATION Staff recommends the Planning Commission approve Conditional Use Permit 18-0005 through the adoption of Resolution PC-1605 with attached Conditions of Approval. Respectfully Submitted, Ariana Ruiz Planning Aide Attachments: Appendix A - General Information Exhibit A - Resolution PC-1605 Exhibit B - Vicinity Map Exhibit C - Active On-Sale Licenses (Census Tract 4012.02) Exhibit D - Number of Licenses Authorized by Census Tract Exhibit E - Applicant Letter of Explanation Exhibit F - Sample Menu Exhibit G - ABC License Application Exhibit H - Project Plans
CUP 18-0005 969 W. Arrow Highway August 16, 2018 5 APPENDIX A GENERAL INFORMATION Subject: Conditional Use Permit 18-0005 Applicant: Owner: Location: General Plan: Zoning: Surrounding Zoning and Land Uses: Legal Notice: Environmental: Burgerim UDAYA LLC 969 W. Arrow Highway (APN: 8383-010-030) Commercial Specific Plan No. 18, Area 1 (Community Commercial Center) North: SP-18, Area 2, Corporate Office Park East: CG-1, Regional Commercial South: CH/SP-18, Area 3, Highway Commercial Center West: SP-2, Sub-Area 1, Commercial A legal notice was published in the Inland Valley Daily Bulletin; posted at City Hall, the library, post office, and Via Verde Shopping Center; and was mailed to property owners within 300 feet of the project on August 02, 2018. CEQA Title 14, Article 19 Categorical Exemption, Section 15301: Existing Facilities
RESOLUTION PC-1605 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, APPROVING CONDITIONAL USE PERMIT 18-0005, A REQUEST TO ALLOW FOR ON-SITE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION (TYPE 41 LICENSE) IN ASSOCIATION WITH A BONA FIDE EATING PLACE LOCATED AT 969 W. ARROW HIGHWAY (APN: 8383-010-030) WHEREAS, an application was filed for a Conditional Use Permit by: Manuneet Kaur Virk, Alcoholic Beverage Specialists on behalf of UDAYA LLC (D.B.A. Burgerim) WHEREAS, the applicant is requesting the Conditional Use Permit to: Allow for on-site sales of beer and wine (Type 41 ABC license) for on-site consumption in association with an existing bona fide eating place. WHEREAS, the Conditional Use Permit applies to the following described real property: 969 W. Arrow Highway in the Specific Plan No. 18 Area 1 Community Commercial Center (APN: 8383-010-030) WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA), as defined in Section 15301 (Class 1, Existing Facilities); and the existing restaurant is a service business that will be operated out of an existing commercial tenant space and will not require expansion or modification of the existing facilities; and WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on August 16, 2018 at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the Commissioners at the hearing, and subject to the Conditions attached as Exhibit A, the Planning Commission now finds as follows: A. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adapt the use with land and uses in the neighborhood.
RESOLUTION PC-1605 Page 2 The proposed on-site consumption of beer and wine will be in association with a full-service restaurant which is located within an existing multi-tenant commercial center, San Dimas Plaza. The subject multi-tenant center provides adequate parking spaces to support the existing restaurant. The proposed request, in association with a restaurant, will be in compliance with the subject zone and will complement the existing uses within the shopping center. B. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The subject site is located within the Specific Plan No. 18, Area 1 (Community Commercial Center) Zone, which allows for a wide array of uses including retail, commercial, service uses, and restaurants. The site can be accessed from Lone Hill Avenue and Arrow Highway with easy access from the 57 Freeway to the east. All streets are sufficient in width and pavement type to carry the quantity and kinds of traffic generated by the proposed use; however, no significant traffic impacts are anticipated with the approval of on-site consumption of beer, wine and distilled spirits in association with the restaurant. C. That the proposed use will be arranged, designed, constructed, operated and maintained so as to be compatible with the intended character of the area and shall not change the essential character of the area from that intended by the general plan and the applicable zoning ordinances. The proposed on-site consumption of beer and wine in association with a restaurant will be in compliance with the uses permitted within the Specific Plan No. 18, Area 1 (Community Commercial Center) Zone and will be compatible with the other uses within the shopping center. The purpose of the Specific Plan No. 18 Zone is to combine uses that serve the community and the greater surrounding community while ensuring substantial compliance with the spirit, intent and provisions of this code. Conditions of approval have been included to address issues associated with the service of the alcohol in order to maintain the essential character of the area that is intended by the General Plan land use designation and the applicable zoning ordinances. The applicant s hours of operation are as follows: Sunday - Saturday 11:00 am to 10:00 pm D. The proposed use provides for the continued growth and orderly development of the community and is consistent with the various elements and objectives of the general plan. The proposed use provides for the continued growth and orderly development of the community by allowing the restaurant owner to provide its customers with additional beverage options and further enhance their customers experience. The
RESOLUTION PC-1605 Page 3 proposed on-site consumption of beer and wine in association with a restaurant is in compliance with the permitted uses in the subject zone and is consistent with restaurants in other commercial zones. In addition, the proposed request is consistent with the various elements and objectives of the General Plan including the land use designation of Commercial. Lastly, while there is no impact anticipated with the proposed request, the conditions of approval will further assist in protecting the public health, safety, and general welfare of neighboring properties. E. The proposed use, including any conditions attached thereto, will be established in compliance with the applicable provisions of the California Environmental Quality Act. The proposed use is categorically exempt under CEQA, Article 19 Categorical Exempt Section 15301, Existing Facilities. The existing restaurant is a service business that will be operated out of an existing commercial tenant space and will not require expansion or modification of the existing facilities. NOW, THEREFORE, BE IT FURTHER RESOLVED, PURSUANT TO THE ABOVE FINDINGS, that the Planning Commission APPROVES Conditional Use Permit No. 18-0005 subject to compliance with the Conditions in Exhibit A attached hereto and incorporated herein. A copy of this Resolution shall be mailed to the applicant. PASSED, APPROVED and ADOPTED, the 16 th day of August 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: David A. Bratt, Chairman San Dimas Planning Commission ATTEST: Jan Sutton, Planning Secretary
RESOLUTION PC-1605 Page 4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 18-0005 A request to allow for on-site sales and consumption of beer and wine (Type 41 license) in association with a bona fide public eating place located at 969 W. Arrow Highway (APN: 8383-010-030) PLANNING DIVISION (909) 394-6250 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers or employees because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers or employees for any Court costs and attorney s fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. All conditions are final unless appealed to the City Council within 20 days of the issuance of the Conditions in accordance with the provisions of Chapter 18.212 of the San Dimas Zoning Code. 3. This Conditional Use Permit approval shall expire if approved use has not commenced within one (1) year from the date of approval, unless a time extension is granted pursuant to San Dimas Municipal Code 18.200.100.C. 4. The applicant shall sign an affidavit accepting all Conditions and all Standard Conditions prior to commencing alcohol sales of beer and wine. 5. The applicant shall comply with all requirements of the Specific Plan No. 18, Area 1 (Community Commercial Center) Zone. 6. Approval is granted for a Type 41 Alcoholic Beverage Control (ABC) license for the sale of beer and wine for on-site consumption as an accessory and incidental use to a full-service restaurant (bona fide public eating place as defined by the Business and Professions Code Section 23038 et seq.,) known as Burgerim. 7. Change of the ABC license to a different license type shall first require review and approval of a new Conditional Use Permit Application and associated material and fees.
RESOLUTION PC-1605 Page 5 8. The hours of operation for the restaurant shall be limited as follows: Sunday Saturday 11:00 am to 10:00 pm 9. At all times when the restaurant is open for business, the sale and service of beer and wine shall be made in conjunction with the sale and service of meals as a bona fide eating place as defined by California Business and Professions Code 23038. The restaurant business is prohibited from serving alcohol when the kitchen is not in operation. 10. The premises shall be maintained as a bona fide restaurant and shall provide a full menu containing an assortment of food, including hot entrées. 11. The sale of beer and wine for consumption off the premises is prohibited. 12. Alcoholic beverages shall not be sold and/or served to any persons under the age of 21. 13. This approval is for the on-site consumption of beer and wine for a 2,044 square foot restaurant. Any increase of floor area or other substantial changes in operation relating to alcoholic beverage sales shall require review and approval of a new Conditional Use Permit and associated materials and fees. The Director of Development Services after reviewing proposed minor changes to the floor plan may determine that a new Condition Use Permit may not be required. 14. The applicant shall comply with all regulations of the ABC Act and shall comply with all licensing conditions imposed by the state. 15. The business owner and their employees shall attend the Department of Alcohol Beverage Control s LEAD Program Class-License Applicant Training, within 60 days of approval. Documents on proof of attendance shall be provided to the City upon completion of LEAD training class. Any new owners and their employees of the business shall attend the LEAD training class within three months of obtaining a business license or within three months of hire. 16. If, at the discretion of the Community Development Director and/or the Sheriff s Department, alcohol-related crime becomes a security issue or nuisance as a result of the use, then changes to the business operational characteristics shall be required. These modifications may require a Conditional Use Permit modification at the discretion of the Community Development Director. 17. All signage, including window signs, shall be in conformance with the Sign Ordinance of the City of San Dimas, and any applicable Sign Program for the building, and shall require review and approval by the Planning Division.
RESOLUTION PC-1605 Page 6 18. There shall be sufficient interior light in retail premises to make easily discernible the appearance and conduct of all persons in the premises. This is to assist in enforcement so far as minors and intoxicated persons are concerned and to discourage theft or other criminal activity. 19. Install a security camera system capable of producing a retrievable image that can be made a permanent record and that can be enlarged through projection or other means. Cameras meeting the requirements of this section shall be maintained in proper working order. 20. All trash shall be disposed of in outdoor trash bins and dumpsters and furniture shall be stacked and prepared for indoor storage or lockup within 30 minutes of closing. 21. This Conditional Use Permit may be periodically monitored to insure that it is being operated in a manner consistent with City regulations and these conditions of approval and that the use is being operated in a manner which is not detrimental to the public health, safety, or welfare. If noise issues or other operational characteristics become an issue in the future, the Planning Commission reserves the right to modify the operational standards and hours of operation. 22. Failure to comply with all of the above conditions will result in the matter being set for revocation of use hearing before the Planning Commission in accordance with Chapter 18.200 of the San Dimas Municipal Code. End of Conditions
EXHIBIT B VICINITY MAP Subject Site N EXHIBIT B
EXHIBIT C ACTIVE ON-SALE LICENSES CENSUS TRACT 4012.02 EXHIBIT C
EXHIBIT D NUMBER OF LICENSES AUTHORIZED BY CENSUS TRACT EXHIBIT D
EXHIBIT E
EXHIBIT F SAMPLE MENU EXHIBIT F
EXHIBIT G
Exhibit H
Exhibit H