HomeMy WebLinkAboutPCC 2006-62RESOLUTION NO. PCC 06 -062
RESOLUIION OF THE PLANNING COMMISSION OF CHULA VISTA
APPROVING A CONDIIIONAL USE PERMII TO PERMIT IHE SALE AND
ONSIIE CONSUMPTION OF ALCOHOL ASSOCIATED WITH A SIT DOWN
RESIAURANI LOCAIED WIIHIN THE EASTLAKE VILLAGE WALK
COMMERCIAL CENIER AI IHE NORTHWEST CORNER OF EASTLAKE
PARKWAY AND MILLER DRIVE, PEI WEI ASIAN DINER,
WHEREAS, the EastLakeVillage Walk Commercial Center is located at the northwest corner
of EastLake Parkway and Miller Drive within the EastLake II Planned Community; and
WHEREAS, the EastLake II Planned Community District Regulations require restaurants
with sale and onsite consumption of alcohol obtain approval of a Conditional Use Permit; and
WHEREAS, on March 1, 2006 a duly verified application for a Conditional Use Permit was
filed with the City of Chula Vista Planning and Building Department by Pei Wei Asian Diner; and
WHEREAS, said application requests approval of a Conditional Use Permit to allow the
sales and consumption of alcohol associated with a 3,200 square foot sit down restaurant with a 520
square foot outdoor patio ( "Project "); and
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A" and commonly known as easterly portion (Building 16)
of the EastLake Village Walk; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act, and has determined that the
project is covered under the previously approved Mitigated Negative Declaration IS -04 -027 Ihus,
no further environmental review is necessary; and
WHEREAS, the Planning & Building Director set the time and place for a hearing on said
Conditional Use Permit application and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of general circulation in the City, and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior
to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely May 10, 2006
at 6:00 p,m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to subject application,
Resolution No PCC -06 -062
Pei Wei Asian Diner
Page 2
NOW, THEREFORE, BE II RESOLVED THAT THE PLANNING COMMISSION FINDS
AS FOLLOWS:
1. That the proposed use at this location is necessary or, desirable to provide a service or,
facility which will contribute to the general well being of the neighborhood or the
community.
the proposed sit down restaurant is located within a major commercial center with nearly
166,000 sq. It of retail, commercial and restaurant uses The proposed sit down restaurant
provides dining opportunities to serve the residents of EastLake, the EastLake Business
Center, and travelers along EastLake Parkway and the fuhrre SR -125 freeway the incidental
alcohol sales will provide customary service typically offered by sit down restaurants.
2. That such use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity or,
injurious to pr'oper'ty or, improvements in the vicinity.
The restaurant will be located within an upscale commercial center designed for this and
other complimentary food and retail uses, the restaurant is consistent with the types of uses
that would be found within a commercial center, such as this and the adjacent the EastLake
Village Marketplace the sit down restaurant with incidental alcohol sales provides a
desirable service to the existing business community and nearby residents.
The sale of alcohol is limited to the hours from 11:00 a.m. to 9:00 p.m Sunday to Thursday,
and 11:00 a . to 10:00 p.m. Friday and Saturday. The applicant is also required to obtain a
liquor license from the State ABC for the sales of alcohol, Pei Wei Asian Diner also
provides an alcohol awareness training program to train managers and employees the local
and state liquor regulations, as well as how to handle problems before they arise, Alcoholic
beverage is only served at the order counter instead of the customer's table By requiring the
customer to come to the counter, the cashier will be able to assess the customer's sobriety,
which will further help to reduce the likelihood of a customer becoming intoxicated
Iherefore, the use will not be detrimental to persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
3. That the use will comply with the regulations and conditions specified in the code for
such use.
The facility is required to comply and remain in compliance with the regulations of the
Municipal Code and the conditions listed below If the applicant or its successors in interest
fail to comply with the conditions or the Municipal Code, this Conditional Use Permit may
be subject to modification or revocation the conditions herein imposed on this Conditional
Use Permit are approximately proportional, both in nature and extent, to the impact created
Resolution No PCC -06 -062
Pei Wei Asian Diner
Page 3
by the proposed development.
Additionally, the applicant must obtain a license from the State ABC before a business
license can be issued for this component. At this time the police department is
recommending that the applicant apply for the ABC license and expects approval for the
sales of alcohol incidental to the restaurant with appropriate conditions from the Police
department.
4. That the granting of the Conditional Use Permit will not adversely affect the General
Plan of the City or the adopted plan of any governmental agency.
the General Plan designates the site as Commercial Retail Restaurants which sell alcoholic
beverages for onsite consumption are considered consistent with Commercial Retail land use
Ihus, the proposed restaurant use is consistent with the General Plan - land use element, the
EastLake I SPA Plan and EastLake II PC District Regulations,
BE II FURIHER RESOLVED THAT THE PLANNING COMMISSION BASED ON THE
FINDINGS ABOVE, hereby grants approval of the Conditional Use Permit subject to the following
conditions:
1 the applicant shall obtain a beer and wine license from the state ABC prior to occupancy and
the issuance of a business license to sell beer and wine
2, the applicant shall comply with the State Liquor Laws and City Ordinances, and all
conditions required by the Chula Vista Police Department pertaining to the sale and
consumption of alcoholic beverages.
3 Hours of operation for the restaurant and for the sale of alcohol within the restaurant shall be
limited to 11:00 a in to 9:00 p.m. Sunday to Thursday, and 11:00 a m. to 10:00 p.m. Friday
and Saturday
4 The applicant shall comply with the requirements of the Chula Vista Police Department
Crime Prevention Unit including:
a At the discretion of the Police Department, the applicant shall provide a video surveillance
security system for the restaurant the camera system shall be monitored by the restaurant
staff, be recorded (with time and date stamp) The recorded video shall be kept for a 120 -day
period should it be needed for an investigation or court hearing In the event City staff'
determines that security problems exist on the site, the conditions of approval of this permit
may be amended to require the provision of additional security measures or other additional
conditions to mitigate security problems.
b, No loitering shall be allowed near the entrance /exit of the business.
c No music and/or noise in excess of the City's standards shall be allowed to broadcast off'
Resolution No PCC -06 -062
Pei Wei Asian Diner
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premise.
d The amount of alcohol sales shall not exceed 10% of total sales.
e No alcohol sales for off premise use
f Operator shall remove graffiti within 48 hours
g Implement the security recommendation of the Crime Prevention Unit of the Police
Department, including access control, surveillance detection, and police response, and
ongoing training of management and employees in security procedures and crime prevention,
Implementation of these recommendations shall coincide with the commencement of
operations.
Applicant shall provide training to employees regarding the Alcoholic Beverage Control Act
including training in identification of levels of intoxication and responsible beverage service.
6, Comply with all applicable conditions as listed in the Notice of Decision for DRC- 06 -04,
EastLake Village Walk commercial center,
7 Obtain approval of'nash and recycling plan from the City's Recycling Coordinator. Provide
sufficient space for designated "recyclables" and ensure that provisions are made to meet the
minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the
City of Chula Vista
This Conditional Use Permit for the incidental sale and onsite consumption of alcohol shall
be applied to the Pei Wei Asian Diner or similar food establishments at this location. In the
event that a different type of food establishment is proposed where the sale and onsite
consumption of alcohol is not an incidental use, amendment to this Conditional Use Permit
or a new Conditional Use Permit shall be required
Comply with all City ordinances, standards, and policies except as otherwise provided in this
Resolution Any violation of City ordinances, standards, and policies, or any condition of
approval of this Conditional Use Permit, or any provision of the Municipal Code, as
determined by the Director of Planning & Building shall be grounds for revocation or
modification of this Conditional Use Permit by the City of Chula Vista,
10 Ihis permit shall be subject to any and all new, modified or deleted conditions imposed after
approval of this resolution to advance a legitimate governmental interest related to health,
safety or welfare which the City shall impose after advance written notice to the grantee and
after the City has given to the grantee the right to be heard with regard thereto However, the
City, in exercising this reserved right /condition, may not impose a substantial expense or
deprive PermitTee of a substantial revenue source which the Permittee cannot, in the normal
operation of the use permitted, be expected to economically recover
11 Ihis document shall be recorded with the County Clerk of the County of San Diego, at the
sole expense of the property owner and /or applicant, and a signed stamped copy returned to
Resolution No PCC -06 -062
Pei Wei Asian Diner
Page 5
the Planning Department, Failure to return a signed copy and stamped copy of this recorded
document within thirty days of recordation to the Planning and Building Department shall
indicate the property Owner's /Applicant's desire that the Project be held in abeyance without
approval
Ihis Conditional Use Permit shall become void and ineffective if'not utilized within one year from
the effective date thereof, in accordance with Section 19,14.260 of the Municipal Code. Failure to
comply with any conditions of approval shall cause this permit to be reviewed by the City for
additional conditions or revocation.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF Chula Vista,
CALIFORNIA, this 3151 day of May, 2006, by the following vote, to -wit:
AYES: Felber, Tripp, Bensoussan, Nordstrom
NOES:
ABSENI: Madrid
AIIEST:
Diana Varga , Secretary
. 8syan Felber; Vice Chair
1 : \Plannin,StanD \Eastlak&Village WalRPCC 06062 Pei WdPC CUP Resolution doc