HomeMy WebLinkAboutItem 2 - Staff Report - Asada RestaurantC "HULA VISTA
PLANNING
COMMISSION
AGENDA STATEMENT
Item: _- Z __
Meeting Date: 1/13/16
ITEM TITLE: Public Hearing: PCC -14 -057 Consideration of a Conditional Use Permit
to maintain an existing restaurant use that includes incidental alcoholic
beverage sales, and the operation of a 24 -hour drive- through at 4340
Main Street.
Resolution of the City of Chula Vista Planning Commission approving
Conditional Use Permit PCC -14 -057, to maintain an existing restaurant
use that includes incidental alcoholic beverage sales, and the operation of
a 24 -hour drive - through at 4340 Main Street.
SUBMITTED BY: Harold Phelps, AICP, Associate Planner
REVIEWED BY: Kelly G. Broughton, FASLA, Director of Development Services 1'
INTRODUCTION
As a result of Code Enforcement activity in 2014, it was discovered that no Conditional Use
Permit had been issued for the restaurant when it opened in 1994 and introduced the incidental
sale of alcohol and the 24 -hour operation of the drive - through. As a result, the Applicant has
submitted a Conditional Use Permit (CUP) to maintain the following incidental restaurant uses:
(a) The sale of beer and /or wine for consumption on the premises where the sale is incidental
with the sale of food, and
(b) The 24 hour operation of the restaurant drive- through, exceeding the Neighborhood
Commercial (CN) Zone permitted hours of operation (7 am and I1 pm), unless
specifically approved by the Planning Commission.
The site is located at 4340 Main Street at the southeast corner of Main Street and Melrose
Avenue, in the Fiesta Plaza Shopping Center (see Locator Map, Attachment 1).
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class I Categorical Exemption pursuant to Section 15301, for existing uses or structures as
defined in State CEQA Guidelines. Thus, no further environmental review is required.
RECOMMENDATION
That the Planning Commission adopt Resolution PCC -14 -057, approving the Conditional Use
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January 13, 2016
PCGl4 -057
Page No. 2
Permit to allow the existing restaurant and incidental uses, based on the findings and subject to
the conditions listed in the attached Resolution.
DISCUSSION
Project Site Characteristics:
The Asada Restaurant and Drive Through is located at the corner of Main Street and Melrose
Avenue, west of 1 -805 within the Fiesta Plaza Shopping Center. The project site is adjacent to
condominium townhomes and apartments to the north, south, and west. A convenience store is
located across the street to the west. A service station with a convenience store is adjacent to the
project site to the east, with a motel beyond. The existing surrounding land uses are as follows:
Project Description/Background
The building and drive- through use was originally operated by a fast food restaurant (Wiener
King) that was constructed as part of the Woodside (now Fiesta) Plaza Shopping Center in 1980.
As noted in the introduction, the Asada Restaurant and Drive Through replaced the
aforementioned fast food restaurant and opened in 1994. The Asada Restaurant introduced (a)
the sale of alcoholic beverages, and (b) the 24 -hour operation of the drive - through. The applicant
seeks to maintain these existing restaurant features that both require approval of a CUP by the
Planning Commission.
In 1985, a CUP (PCC- 86 -14) and ABC license was issued for the Stuft Pizza & Delicatessen
(subsequently Ciao's Italian Restaurant) located at 4360 Main Street (formerly 4360 Otay Valley
Road) in the Woodside (now Fiesta) Plaza. When the Asada Restaurant opened in 1994, the sale
of alcohol and 24 -hour operations were not features of the Weiner King restaurant, and a
Conditional Use Permit should have been required. While a new CUP was not approved, an
ABC license was issued in 1994 for the Asada Restaurant based on an erroneous attribution of
the Asada Restaurant to the CUP (PCC- 86 -14) issued to the Ciao's Italian Restaurant located in
the same Fiesta Plaza shopping center across the parking lot at 4360 Main Street. This ABC
Zoning Affidavit error was discovered in 2014 as part of revisions to the Conditional Use Permit
(PCC-86 -14) to allow the Main Street Bar & Grill Restaurant (PCC - 14009) to replace the Ciao's
Italian Restaurant.
ANALYSIS
In accordance with Chula Vista Municipal Code (CVMC) Chapter 19.34, Neighborhood
Commercial (CN) Zone requirements, a CUP is required for the sale of beer or other alcoholic
beverages for consumption on the premises incidental with the sale of food (19.34.030(B)). In
addition, the CN Zone requires that no business shall be open between the hours of 11 p.m. and
General Plan:
Zoning:
Current Land Use:
Site:
Commercial Retail
CNP
Asada Restaurant/Fiesta Plaza
North:
Residential Medium High
R3P12
Townhome Condominiums
South:
Residential Medium High
R3G
Condominiums /Apartments
West:
Commercial Retail
CNP
Convenience Store
East:
Commercial Visitor
CVP
Service Station/Convenience Store/Motel
Project Description/Background
The building and drive- through use was originally operated by a fast food restaurant (Wiener
King) that was constructed as part of the Woodside (now Fiesta) Plaza Shopping Center in 1980.
As noted in the introduction, the Asada Restaurant and Drive Through replaced the
aforementioned fast food restaurant and opened in 1994. The Asada Restaurant introduced (a)
the sale of alcoholic beverages, and (b) the 24 -hour operation of the drive - through. The applicant
seeks to maintain these existing restaurant features that both require approval of a CUP by the
Planning Commission.
In 1985, a CUP (PCC- 86 -14) and ABC license was issued for the Stuft Pizza & Delicatessen
(subsequently Ciao's Italian Restaurant) located at 4360 Main Street (formerly 4360 Otay Valley
Road) in the Woodside (now Fiesta) Plaza. When the Asada Restaurant opened in 1994, the sale
of alcohol and 24 -hour operations were not features of the Weiner King restaurant, and a
Conditional Use Permit should have been required. While a new CUP was not approved, an
ABC license was issued in 1994 for the Asada Restaurant based on an erroneous attribution of
the Asada Restaurant to the CUP (PCC- 86 -14) issued to the Ciao's Italian Restaurant located in
the same Fiesta Plaza shopping center across the parking lot at 4360 Main Street. This ABC
Zoning Affidavit error was discovered in 2014 as part of revisions to the Conditional Use Permit
(PCC-86 -14) to allow the Main Street Bar & Grill Restaurant (PCC - 14009) to replace the Ciao's
Italian Restaurant.
ANALYSIS
In accordance with Chula Vista Municipal Code (CVMC) Chapter 19.34, Neighborhood
Commercial (CN) Zone requirements, a CUP is required for the sale of beer or other alcoholic
beverages for consumption on the premises incidental with the sale of food (19.34.030(B)). In
addition, the CN Zone requires that no business shall be open between the hours of 11 p.m. and
Planning Commission
January 13, 2016
PCC -14 -057
Page No. 3
7 a.m., unless specifically approved by the Planning Commission (19.34.170). As such, the
issuance of this CUP by the Planning Commission is necessary to satisfy these CN Zone
requirements.
As noted under the project site characteristics, the Neighborhood Commercial with a Precise
Plan Modifier (CNP) Zone includes some commercial properties to the east and west of the
project site. The convenience store to the west of the project site (Seven Eleven) is a 24 -hour
operation that was approved by the Planning Commission and City Council as part of a Precise
Plan (PCM- 78 -25) in 1978. The commercial properties to the east are in the Visitor Commercial
with a Precise Plan Modifier (CVP) Zone. The service station (now Unocal 76) and convenience
store (now Circle K) are conditional uses, and the original service station and mini -mart obtained
a Conditional Use Permit (PCC- 88 -02) in 1988. The motel (now Best Western) is a pennitted by
right land use in the CVP Zone.
The approximately 70 -acre community south of Main Street and west of I -805 was annexed to
the City from the County in 1971, and the pre - zoning was intended to address future residential
and commercial developments. The CVP zone was established to serve freeway commercial
uses adjacent to I -805, and the CNP zone was established to serve the nearby planned residential
developments. In 1978, a Precise Plan (PCM- 79 -12) and Tentative Map (PCS- 79 -07) were
approved for the Woodside Village Condominiums to the south and the Woodside Plaza (now
Fiesta Plaza) shopping center to the north. The R3G and CNP zones were designated for these
developments to establish a complimentary relationship.
Based on the land use and zoning for the project site, and the surrounding site characteristics and
land use /zoning designations, it is important for the City to obtain a CUP for alcohol sales and
overnight hours of operation at the Asada Restaurant. Conditions of the CUP limit the hours of
alcohol sales to the indoor sit down portion of the restaurant and will be prohibited after 10:00
p.m. The restaurant's hours of operation are from 7:00 a.m. to 10:00 p.m., and only the drive -
through will be permitted to be open 24 hours a day. In addition, an Alcoholic Beverage Control
(ABC) license must be maintained, which requires participation in alcohol awareness training
programs for managers and employees regarding local and state liquor regulations, as well as
how to handle any issues before they arise.
The permit implements existing zoning regulations and ensures consistent implementation of
zoning requirements. The CUP provides the conditions and controls necessary for such uses,
and for adjacent and nearby residents to review and monitor as needed in order to protect the
general health, safety and welfare of the community. The permit will ensure that a
complimentary relationship between the neighborhood- serving commercial uses and nearby
residential uses will be maintained.
CONCLUSION:
The project is consistent with the goals and policies of the General Plan and associated
documents. Based on the preceding information in this report, staff recommends the Planning
Commission approve Conditional Use Pennit, PCC -14 -057, to maintain an existing restaurant
use that includes incidental alcoholic beverage sales, and the operation of a 24 -hour drive -
through at 4340 Main Street, subject to the conditions listed in the attached Resolution.
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January 13, 2016
PCC -14 -057
Page No. 4
DECISION -MAKER CONFLICTS:
Staff has reviewed the property holdings of the Planning Commission and has found that no
Planning Commissioner has property holdings within 500 feet of the boundaries of the property
which is the subject of this action. Consequently, this item does not represent a disqualifying
real property - related financial conflict of interest under California Code of Regulations Title 2,
section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov. Code section 87100
et seq.).
Staff is not independently aware, nor has staff been informed by any Planning Commissioner, of
any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
FISCAL IMPACT
The application fees and processing costs are paid for by the Applicant.
ATTACHMENTS
1. Locator Map
2. Planning Commission Resolution PCC -14 -057
3. Disclosure Statement
4. Site Plan
Prepared by: Harold Phelps, AICP, Associate Planner, Planning Division