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Administrative Use Permit, P2016-0100-AUP, to allow the sale of alcoholic beverages (beer and wine) for on-site consumption, incidental to a restaurant, at 11060 Washington Boulevard in the Commercial General (CG) Zone.
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Meeting Date: September 14, 2016
Contact Person/Dept: Gabriela Silva, Associate Planner;
Thomas Gorham, Planning Manager
Phone Number: (310) 253-5736
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: A public notice was mailed to all property owners and occupants within a 500-foot radius of the site and extension area on August 24, 2016, emailed to the City's Master Notification List and posted on the City's website on August 24, 2016.
Department Approval: Sol Blumenfeld, Community Development Director (8-22-16)
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RECOMMENDATION
Staff recommends that the Planning Commission:
1. Adopt a Class 1 Categorical Exemption for this project pursuant to California Environmental Quality Act Section 15301 Existing Facilities.
2. Approve Administrative Use Permit, P2016-0100-AUP, subject to the Conditions of Approval as stated in Resolution No. 2016-P011 (Attachment No. 1).
PROCEDURES
1. Chair calls on staff for a brief staff report and Planning Commission poses questions to staff as desired.
2. Chair opens the public hearing, providing the applicant the first opportunity to speak, followed by the general public.
3. Chair seeks a motion to close the public hearing after all testimony has been presented.
4. Commission discusses the matter and arrives at its decision.
BACKGROUND
Request
On June 6, 2016, Ryosuke Nii, on behalf of Swell 77, LLC, submitted an application for an Administrative Use Permit (AUP) requesting approval to allow the sale of alcoholic beverages, specifically beer and wine as allowed by California Department of Alcoholic Beverage Control (ABC) Type 41 license, for on-site consumption, incidental to an approved restaurant use within a mixed use building (Tilden Terrace) located at 11060 Washington Boulevard in the Commercial General (CG) Zone. Pursuant to Culver City Municipal Code (CCMC) Section 17.630.015 - Notice of Decision, the AUP request has been referred to the Planning Commission by the Community Development Director for public hearing and decision based upon the potential impacts created by the proximity of the proposed use to the surrounding residential neighborhood.
Existing Conditions
The site is comprised of a single parcel located on the south side of Washington Boulevard, bounded by Tilden Avenue to the east, Harter Avenue to the west, and a public alley to the south, as outlined in the Vicinity Map (Attachment No. 2). The Land Use Element of the City's General Plan designates this site as General Corridor, which is consistent with the site's zoning designation of Commercial General (CG). The adjacent properties along the Washington Boulevard corridor, which are to the north, east, and west of the site are also primarily zoned CG and are developed with a variety of commercial uses, including restaurants, offices, retail, and auto repair. Tellefson Park to the north is zoned as Open Space (OS) and the surrounding areas beyond Washington Boulevard are designated as Residential Two Family (R2) and Residential Medium Density Multiple Family (RMD). The subject site is separated by a twenty (20) foot wide public alley from the single and two-family residential properties in the R2 zone neighborhood immediately to the south of the site.
The site is currently developed with a three-story mixed use development which contains 33 affordable residential units and approximately 9,900 square feet of ground floor commercial tenant space. The property is operated by Los Angeles Housing Partnership (LAHP) and was developed with proceeds from the Low Moderate Income Housing Fund provided by the former Culver City Redevelopment Agency (CCRA). The Successor Agency to the (CCRA) has commercial tenant approval authority through its Development and Disposition Agreement (DDA) with LAHP. Construction of the building was completed in December 2013. The commercial component of the building is oriented towards Washington Boulevard and is divided into six (6) separate tenant spaces of varying size. Leases have recently been signed or are in process of being signed for all six of the commercial tenant spaces. These include the following:
Table 1: Planned Commercial Uses within Tilden Terrace
Address
Use
Floor Area
11050 Washington Blvd.
Caf?
1,240 sq. ft.
11052 Washington Blvd.
Credit Union
1,860 sq. ft.
11054 Washington Blvd.
Zooga Yoga Studio
1,480 sq. ft.
11056 Washington Blvd.
Physical Therapy
1,617 sq. ft.
11058 Washington Blvd.
Dental Office (Orthodontist)
1,630 sq. ft.
11060 Washington Blvd.
Sushi Restaurant
1,476 sq. ft.
Project Description
The approved restaurant use, Uzumaki, will occupy the westernmost tenant space at the corner of Washington Boulevard and Harter Avenue. As illustrated in the project plans (Attachment No. 3), the subject tenant space is approximately 1,476 square feet in floor area, and is proposed to have a seating layout with approximately fifty (50) seats. There is no outdoor dining proposed for the restaurant operation. Uzumaki is a full service sushi restaurant offering full meals for lunch and dinner, and is proposed to operate seven days a week between the hours of 11:00 am and 10:30 pm, as noted in the applicant's business description (Attachment No. 4).
The applicant proposes to add alcoholic beverage sales to the approved restaurant operation, limited to select beer and wine, including sake. Alcoholic beverages are proposed to be served during the proposed business hours, as allowed by ABC license Type 41 - On-Sale Beer and Wine for Bona Fide Public Eating Place, with alcoholic beverage service ending at 10:00 pm, thirty (30) minutes prior to closing. A Type 41 license from ABC allows the sale of beer and wine for consumption on or off the subject premises, prohibits distilled spirits on the premises (except for cooking purposes, and requires the premises to be operated and maintained as a bona fide eating place with suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. The applicant has already initiated the application process with ABC, and completed the site posted notice requirement, which commenced on June 21, 2016. The ABC license application is pending Culver City disposition of the AUP.
ANALYSIS/DISCUSSION:
The CG Zone allows alcoholic beverage sales incidental to a restaurant use, subject to review and approval of an Administrative Use Permit, when the subject site is located within three hundred (300) feet of residentially zoned property or an elementary/secondary school, provided the use is in conformance with specific land use standards per CCMC Section 17.220.015 and 17.400.015, and required findings of Section 17.530.020. Furthermore, the underlying CG Zone standards and general regulation standards also apply. The overall building is in conformance with the Zoning Code development standards, per the Site Plan Review (SPR) approved for the site. In addition, during review of the overall restaurant use, conformance with zoning standards (e.g. off-street parking) was further confirmed.
Alcoholic Beverage Sales
The restaurant use will provide alcohol service of only beer and wine, per ABC license Type 41. Consumption of alcoholic beverages will be limited to the dining areas and will only be served in conjunction with the order of a full meal during food service hours only and the last service occurring at 10:00 pm.
The subject site is located within Census Tract 7028.01, which is the area generally bound by Overland Avenue, Culver Boulevard, Venice Boulevard and the 405 freeway. According to the California Department of Alcoholic Beverage Control (ABC) records, the subject tract has a total of twenty-eight (28) alcohol licenses, all of which are retail licenses and are located within Culver City boundaries. ABC will make a determination with regard to whether the tract is considered to be "over concentrated"; and if deemed as such, pursuant to California Business and Professions Code, Section 23958.4, a statement of "public convenience or necessity" regarding the subject business, will be required. A statement of "public convenience or necessity" could be made for this use based on the fact the majority of the existing licenses are located in a different area of the census tract, with no other license within three hundred (300) feet of the subject site, and only three (3) within five hundred (500) feet. The twenty-eight (28) total licenses identified include eighteen (18) bona fide public eating places (restaurants) with on-sale alcohol licenses for either beer and wine only or general liquor. The tables below illustrate the distribution of licenses within the subject Census Tract.
Table 2: Businesses with Alcohol Licenses in Census Tract 7028.01
Address
Business Name
License Type - Description
3802 Culver Ctr.
Rite Aid Store 5463
21 - Off-Sale General
3827 Culver Ctr.
Ralphs 86
21 - Off-Sale General
3857 Overland Ave.
Pampas Grill
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
3859 Overland Ave.
Yokohama Sushi
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
3905 Sepulveda Blvd.
Fuji Wok & Sushi
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
3923 Sepulveda Blvd.
Culver Liquor & Wine
21 - Off-Sale General
3936 Sepulveda Blvd.
Sara the Wine Bar
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
3967 Sepulveda Blvd.
Cinema Bar
48 - On-Sale General for Public Premises
3973 Sepulveda Blvd.
Hardwood Restaurant Holdings LLC
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
4017 Sepulveda Blvd.
Johnnies Restaurant Inc
40 - On-Sale Beer for Public Premises
4114 Sepulveda Blvd., Suite B
Blaze Fast Fire'd Pizza
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
4114 Sepulveda Blvd., Suite E
Chipotle Mexican Grill #1876
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
4114 Sepulveda Blvd.
Pei Wei Fresh Kitchen
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
4130 Sepulveda Blvd., Unit B
Holy Cow BBQ
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
4130 Sepulveda Blvd., Unit G
Sage, A Plant Based Bistro and Beer Garden
47 - On-Sale General for Bona Fide Public Eating Place
10704 Venice Blvd., Suite A
California Pizza Kitchen
47 - On-Sale General for Bona Fide Public Eating Place
10704 Venice Blvd., Suite B
Smashburger
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
11155 Washington Place
The Cozy Inn
48 - On-Sale General for Public Premises
11160 Washington Place
Culver City Elks Lodge 1917
51 - Club
11188 Washington Place
Metro Cafe
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
11197 Washington Place
Culver City Chevron
20 - Off-Sale Beer and Wine
10700 Washington Blvd.
Samosa House East
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
10762 Washington Blvd.
Sushi Karen
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
10797 Washington Blvd.
Blind Barber
47 - On-Sale General for Bona Fide Public Eating Place
11001 Washington Blvd.
7-Eleven Store 16040D
20 - Off-Sale Beer and Wine
11166-68 Washington Blvd.
Joxer Dalys Irish Pub and Restaurant
47 - On-Sale General for Bona Fide Public Eating Place
11172 Washington Blvd.
Ramen Yamada Ya
41 - On-Sale Beer and Wine for Bona Fide Public Eating Place
11181 Washington Blvd.
Jaspal Inc.
20 - Off-Sale Beer and Wine
TOTAL
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28 active licenses
Table 3: Types of Alcohol Licenses in Census Tract 7028.01
License Type
Description
Quantity
Type 40
On-Sale Beer|1010|Type 41
On-Sale Beer and Wine for Bona Fide Public Eating Place
14
Type 47
On-Sale General for Bona Fide Public Eating Place|1010|Type 48
On-Sale General for Public Premises|1010|Type 20
Off-Sale Beer and Wine|1010|Type 21
Off-Sale General|1010|Type 51
Club (sale of beer, wine, and distilled spirits to members/ guests only, for on premise consumption)|1010|
TOTAL
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28
Based on the ABC records, it can be seen that the number of retail licenses for restaurants, such as the proposed use, is only a portion of the overall number of alcoholic beverage sales licenses in the tract. Therefore, it can also be inferred that there is not an overabundance of the proposed use in the surrounding vicinity.
Neighborhood Compatibility
The existing structure is oriented towards Washington Boulevard away from residential property. All components of the restaurant business including the proposed use of alcoholic beverage sales/consumption will occur indoors and in conjunction with the serving of full meals. The proposed hours of operation are modest and sensitive to surrounding residential uses, including the residences located on the second and third floors of the subject mixed-use building, such that there will be no conflicts in this regard. Due to the small-scale nature of the operation, no large trucks are expected for delivery of alcoholic beverages or food supplies. Overall, the operation characteristics of the proposed use make it compatible with surrounding commercial and residential uses, and consistent with the zoning standards of the CG Zone, and intent of the AUP required findings.
PUBLIC OUTREACH
As part of the project review process, a community meeting was held on Tuesday, August 02, 2016, 7:00 pm at 11042 Washington Boulevard, (Tilden Terrace Community Room). The applicant sent invitations on July 19, 2016 to property owners and occupants within a 500 foot radius and extended area, inviting interested persons to learn about the proposal, provide comments and feedback, as well as to share any concerns regarding the proposed project. Approximately eight (8) to ten (10) people attended, in addition to the project team and City staff. The project team presented an overview of the project proposal and business operation, noting their vision for the restaurant is to create a family friendly, neighborhood oriented locale. After the brief presentation, they responded to questions from attendees.
The discussion primarily involved the proposed menu, off-street parking, and overall operations of the restaurant as indicated in the Community Meeting Summary (Attachment No. 5). The project team answered the various menu-specific questions, as the chef/owner was in attendance. In addition, the applicant provided information regarding the existing off-street parking available for the restaurant use and overall commercial tenants in the building, which is in compliance with Zoning Code requirements. They also indicated deliveries for the use are expected to occur daily (except Sunday) due to the need for fresh ingredients, but will not require large delivery trucks. Only one question was raised regarding the alcoholic beverage sales, and it was to clarify the types of alcoholic beverages that would be offered, whether it would include general liquor, how many types of wine, sake, etc. No objections to the proposed use were expressed by the attendees, and there was collective expression of support for the new business.
Public Hearing Notification
On August 24, 2016, a public notice was mailed to all property owners and occupants within a 500-foot radius of the site and extension area, notifying recipients of the scheduled public hearing for Planning Commission review of the application and inviting public input and participation by all members of the public. As of the writing of this report, staff has received one public comment via email on the proposed project. The comment was submitted by a resident family expressing support for the proposed project (Attachment No. 6).
CONCLUSION/SUMMARY:
The applicant is proposing to add alcoholic beverage sales to an approved restaurant operation, in order to offer patrons additional beverage options to complement their meals and be competitive with restaurant uses throughout the City. The applicant has worked with Staff to address operational standards to ensure the use is compatible with the neighborhood and the immediately surrounding properties, including maintaining hours of operation sensitive to surrounding residential uses. Based on the proposed plans, operations description, and recommended conditions of approval, staff considers the project to be compatible with the surrounding neighborhood, consistent with the Culver City General Plan and the requirements of the Zoning Ordinance. Staff believes the findings for Administrative Use Permit, P2016-0100-AUP, can be made as outlined in Resolution No. 2016-P011 (Attachment No. 1).
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, initial review of the project by staff established that there are no potentially significant adverse impacts on the environment and the proposed project has been determined to be a Categorical Exemption, per CEQA Section 15301, Class 1 - Existing Facilities. Specifically, as outlined herein, the project consists of allowing the sale of alcoholic beverages (i.e. beer and wine) incidental to an existing restaurant. The proposed project involves negligible or no expansion of an existing use; therefore, the project is categorically exempt pursuant to the above noted CEQA section.
ALTERNATIVE OPTIONS:
The following alternative actions may be considered by the Planning Commission:
1. Approve the proposed project with the recommended conditions of approval if the applications are deemed to meet the required findings.
2. Approve the proposed project with additional and/or different conditions of approval if deemed necessary to meet the required findings and mitigate any new project impacts identified at the meeting.
3. Disapprove the proposed project if the applications do not meet the required findings.
ATTACHMENTS:
1. Draft Resolution No. 2016-P011 and Exhibit A: Conditions of Approval
2. Vicinity Map
3. Tenant Plans
4. Business Operations Description
5. Community Meeting Summary
6. Public Comment