For the Planning Commission Meeting of [May 30, 2018]
TO: Honorable Chairman and Planning Commissioners
APPROVAL: Robb Steel, Interim City Administrator
REVIEWED BY: Gina M. Gibson-Williams, Planning Manager
FROM: Daniel Rosas, Assistant Planner
Title
Modification of Conditional Development Permit No. 714: A request to modify CDP No. 714 to include an upgrade of the ABC license from Type 41 to Type 47 and extend the operating hours for live entertainment in conjunction with the Culichi Town restaurant at 611 E. Foothill Boulevard as restricted in the conditions of Planning Commission Resolution No. 15-42.
Body
APPLICANT:
Culichi Town, 611 East Foothill Boulevard, Rialto, CA 92376.
LOCATION:
611 East Foothill Boulevard, Rialto, CA 92376.
BACKGROUND:
CDP No. 714
On November 14, 2012, the Planning Commission approved Resolution 12-30 to allow live entertainment in conjunction with an existing restaurant located at 611 E. Foothill Boulevard (Conditional Development Permit No. 714).
2014 Modification to CDP No. 714
Throughout the first year of operations, the establishment experienced a significant number of Police Department calls for service, resulting in the modification of CDP No. 714 in March of 2014 (Resolution No. 14-09). The modifications included restricting the hours of operation, implementing an approved security plan, and conducting a series of quarterly reviews for monitoring. For several months after the approval of Resolution No. 14-09, City staff worked with the business owner to obtain compliance and resolve the safety concerns.
2015 Modification to CDP No. 714
About 18 months later, on October 28, 2015, the Planning Commission modified CDP No. 714 restoring the original hours of operation for the live entertainment back to an end-time of 10:00 PM based on safety improvements at the establishment.
ANALYSIS/DISCUSSION:
Proposed Modification to CDP No. 714
On May 2, 2018, the applicant submitted a request to modify CDP No. 714 (Exhibit D) in order to continue to compete with similar establishments in the City. The request includes (1) an upgrade of the ABC license, and (2) an extension of operating hours for live entertainment. The establishment currently has a Type 41 license for the on-premises sale and consumption of beer and wine only. The applicant is requesting a Type 47 license, which allows the on-premises sale and consumption of general alcoholic beverages, including beer, wine, and spirits. The Police Department has spoken directly with the business owner to convey that, due to the past correlation between alcohol consumption and the calls for service at the establishment, the City cannot support the request for an alcohol license upgrade to Type 47. Additionally, the applicant must maintain the primary use as a family restaurant, as opposed to creating a nightclub atmosphere, which is more typical of establishments with Type 47 licenses.
Regarding the extension of operating hours for live entertainment, the establishment requests an extension of hours, from closing at 10 p.m. to closing at 12 a.m. midnight. In reviewing the recent records for the calls for service, the live music use at the restaurant has proven to be compatible with the surrounding area without creating nuisance condition under the concurrent restrictions. As such, the City may consider the requested extension of operating hours for live entertainment.
GENERAL PLAN CONSISTENCY:
The project is consistent with the following goals of the Land Use Element and Economic Development Element of the Rialto General Plan:
Goal 3-1: Strengthen and diversify the economic base and employment opportunities, and maintain a positive business climate.
ENVIRONMENTAL IMPACT:
The project is exempt under CEQA Guidelines Section 15301, Existing Facilities. The section allows for exemption of a project consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures involving negligible or no expansion of use beyond the existing at the time of the lead agency’s determination (E.A.R. 2018-0042). Furthermore, the proposed modification (i) by virtue of its existing location, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, section 15300.2, apply to this proposed modification.
PUBLIC NOTICE:
The City mailed public hearing notices of the proposed project to all property owners within 300 feet of the site and published in the newspaper as required by State law.
RECOMMENDATION:
It is recommended that the Planning Commission:
Adopt a resolution approving the modification to Conditional Development Permit No. 714 extending the hours of operation for live entertainment by two hours to end at 12:00 AM subject to the findings and conditions therein.