Planning Commission Staff Report
Report Prepared by: Julie Nelson, Senior Planner, Development Services Department
Title
SUBJECT: Conditional Use Permit #1273 initiated by Raj Joshi, on behalf of Merced Holdings, LP, property owner. This application involves a request to allow the on-site consumption of alcoholic beverages including beer, wine, and spirits within a restaurant to be generally located at the southeast corner of Yosemite Avenue and McKee Road (2272 E. Yosemite Avenue). The site has a General Plan designation of Neighborhood Commercial (CN) and is zoned Neighborhood Commercial (C-N) **PUBLIC HEARING**
ACTION: Approve/Disapprove/Modify
1) Environmental Review #23-20 (Categorical Exemption)
2) Conditional Use Permit #1273
SUMMARY
A new restaurant is proposed at 2272 East Yosemite Avenue within the Hub Development at the southeast corner of Yosemite Avenue and McKee Road. The proposed restaurant (the Wet Whistle) would be a full-service restaurant with a British Pub setting serving beer, wine, and liquor for on-site consumption. The Conditions of Approval for the Hub development requires restaurants selling alcohol for on-site consumption obtain a Conditional Use Permit prior to selling alcohol.
RECOMMENDATION
Planning staff recommends that the Planning Commission approve Environmental Review #23-20 (Categorical Exemption - 15162 Findings) and Conditional Use Permit #1273, including the adoption of the Draft Resolution at Attachment A subject to the conditions in Exhibit A and the findings/considerations in Exhibit B of the Draft Resolution at Attachment A.
Body
DISCUSSION
The proposed restaurant is part of the Hub Development at the southeast corner of Yosemite Avenue and McKee Road (Attachment B). The proposed restaurant would be located in a portion of the ground floor of Building 3 as shown on the site plan at Attachment C). The applicant has applied for a Type 47 (On-Sale General - Eating Place) in order to serve alcoholic beverages (beer, wine, and spirits) for on-site consumption. A brief description of the restaurant operation is provided at Attachment D.
The restaurant would occupy approximately 4,600 square feet of floor area (Attachment E) and would include approximately 80 seats at tables and approximately 20 seats at the bar for a total of 100 seats. The restaurant would have a British Pub theme serving traditional British food and drinks. In addition to the restaurant and bar area, the restaurant would have four axe throwing lanes along the southern wall.
The Zoning Ordinance was updated in 2022, to allow restaurants selling alcoholic beverages for on-site consumption within a Neighborhood Commercial (C-N) zone to obtain a Site Plan Review Permit rather than a Conditional Use Permit. However, the conditions of approval for the Hub Project (Condition #33 of City Council Resolution #2020-63) requires a Conditional Use Permit (CUP) for restaurants selling alcoholic beverages for on-site consumption. Therefore, it was determined by the City Attorney, that this request would be subject to that condition and must obtain a CUP rather than a Site Plan Review Permit.
Project Description
The proposed restaurant would be located within Building 3 as shown on the Site Plan for the Hub Development at the southeast corner of Yosemite Avenue and McKee Road (Attachment C).
The main focus of the restaurant would be a full-service restaurant serving traditional British-style food (refer to the Restaurant Description at Attachment D). The restaurant would have a more formal sit-down dining area and a more casual family-style area with booths and high-top tables. The restaurant would have approximately 80 seats. The restaurant would also a full bar with approximately 20 seats and four axe throwing lanes (refer to the Floor Plan at Attachment E). The restaurant is intended to provide a family atmosphere that would be appropriate for all ages. The restaurant intends to serve lunch and dinner with the possibility of a weekend brunch. The proposed hours of operation would be Monday-Thursday 10:30 a.m. to 11:00 p.m., Friday 10:30 a.m. to 12:00 a.m., Saturday 9:00 a.m. to 12:00 a.m., and Sunday 9:00 a.m. to 11:00 p.m. However, they would like to be able to adjust the hours as they see how the business progresses. If they see that customers prefer longer hours, they may want to extend their opening and/or closing time.
The applicant is seeking a Type 47 license from the California Department of Alcoholic Beverage Control (ABC).
According to the ABC website, a Type 47 license “Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises.”
Surrounding uses as noted in Attachment B.
|
Surrounding Land |
Existing Use of Land |
City Zoning Designation |
City General Plan Land Use Designation |
|
North |
Yosemite Church/Residential (Across Yosemite Ave) |
County |
Rural Residential (RR) |
|
South |
Residential |
R-1-6 |
Low Density (LD) Residential |
|
East |
Residential |
R-1-6 |
Low Density (LD) Residential |
|
West |
Residential |
R-1-6 |
Low Density (LD) Residential |
Background
The project site was annexed to the City in 2003 as part of the Hunt Farms Annexation. The project site is currently vacant but was previously occupied by two single-family dwellings (these were demolished in 2017). The site is currently zoned Neighborhood Commercial (C-N). The subject site consists of two individual lots [Assessor’s Parcel Numbers (APN’s): 008-310-053 and -038 totaling 5.94 acres]. Recently, 22,670 square feet of lot area was acquired from the neighboring property to the south. On October 7, 2019, the City Council approved a General Plan and Zone Change changing the land use designation for this newly acquired area consistent with the rest of the site (C-N).
In 2014, the owner applied for a General Plan Amendment and Zone Change to change the entire site from Low Density Residential (LD) and R-1-6 to Neighborhood Commercial (CN). At that time, the owner proposed the construction of a 62,000-square-foot retail commercial center that would have included a small grocery store, a fast-food restaurant (with a drive-through), and other retail uses appropriate to the Neighborhood Commercial (C-N) zone. The City Council approved the General Plan Amendment and Zone Change to Neighborhood Commercial in 2015.
In 2019, the owner proposed a mixed-use development that included 428 Efficiency Dwelling Units and approximately 18,000 square feet of retail space. The Planning Commission denied this proposal and the City Council upheld the denial on appeal.
In 2020, the owner proposed another mixed-use project that included 214 apartments and approximately 37,117 square feet of commercial space within four buildings. The Planning Commission reviewed and approved this project as Conditional Use Permit #1238 and Site Plan Review #455. An appeal of the Planning Commission decision was filed, but the City Council ultimately upheld the Planning Commission’s approval with a reduction in units from 214 to 200.
In 2022, permits were issued to start construction of the four buildings on the site.
Findings/Considerations
Please refer to Exhibit B of the Draft Planning Commission Resolution at Attachment A.
ATTACHMENTS
A) Draft Planning Commission Resolution
B) Location Map
C) Site Plan
D) Restaurant Operation
E) Floor Plan
F) City Council Resolution 2020-63
G) Sensitive Uses
H) Incident Map
I) Crime Hot Spot Map
J) Environmental Review #23-20 (CEQA Section 15162)
K) Presentation