FROM:
Planning Department
TITLE:
Title
Master Case No. 24-033 and Conditional Use Permit (CUP) No. 24-015: A request to approve an Alcohol Beverage Control (ABC) License Type 41 (On-Sale Beer & Wine - Eating Place) for a Shakey’s Pizza Parlor Restaurant with the findings of necessity and Convenience, pursuant to a categorical exemption in accordance with CEQA Guidelines Section 15301.
End
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Conditions of Approval, staff recommends that the Planning Commission adopt Resolution No. PC 2024-____; and,
1. Determine that the project is categorically exempt pursuant to Section No. 15301 (Class No. 1 Existing Facilities), and Section No. 3.22 (Categorical Exemption) of the Local 2019 Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and,
2. Approve Conditional Use Permit No. 24-015.
APPLICANT:
Ryan Chen, Milan Capital
701 S. Parker St. Suite 5200
Orange, CA 92868
LOCATION:
16920 Slover Avenue (APN: 0254-221-41).
REQUEST:
Conditional Use Permit (CUP) No. 24-015 - A request for a State of California Alcoholic Beverage Control (ABC) License Type 24 (On-Sale Beet & Wine - Eating Place) for a Shakey’s Pizza Parlor Restaurant.
PROJECT PLANNER:
Alejandro Rico, Associate Planner
BACKGROUND INFORMATION:
Land Use Table:
ANALYSIS:
Previous Approval:
Design Review No. 90-46 was approved by the Planning Commission on July 23, 1990, for the development of a 662,685 sq. ft. shopping center on a 60.4-acre site. Shakey’s Pizza Parlor currently occupies a building within the center at 16940 Slover Avenue, which will be demolished in preparation for a recently approved Raising Cane’s Drive-Thru. Shakey’s Pizza Parlor will relocate to 16920 Slover Ave, which is currently occupied by National Buffet Restaurant, who will be vacating the building.
Type of License
ABC Type 41 (On-Sale Beer and Wine) License authorizes the sale of beer and wine for on-site consumption for a bona-fide eating establishment.
CUP No. 24-015
The ABC Type 41 (on-site) alcohol license requires a Conditional Use Permit. As detailed in the Resolution, the sale of alcohol by the restaurant is permitted by the Empire Center Specific Plan. The building and shopping center are suitable for the sale of alcohol with food sales on the Shakey’s site. Conditions of approval will prevent the site from becoming a night club or a business relying primarily on alcohol sales. These conditions are intended to promote public safety and ensure that the sale of alcohol does not become a nuisance.
Census Tract No.
The existing restaurant building is located within Census Tract No. 26.08. A map identifying the Census Tract boundaries is attached (Attachment No. 3).
Concentration
According to the California Department of Alcoholic Beverage Control (ABC), four (4) on-sale licenses may be permitted within Census Tract No. 26.08. Currently, there are nine (9) on-sale licenses active within the tract, which is considered over concentrated and will require that a finding of public convenience and necessity is made by the local jurisdiction. A census tract information matrix is attached (Attachment No. 4).
Per the resolution, the sale of alcohol to be consumed at Shakey’s would meet the criteria of convenience and necessity. Residents who live in close proximity and the local workforce would have a convenient location for alcohol consumption within a popular restaurant. Patrons who frequent the site will have the option to enjoy an alcoholic beverage with their meal in a family oriented restaurant.
Building Analysis
There will be no structural changes to the exterior facade or footprint of the existing 6,556 square foot restaurant building. Attachment No. 2 shows the floor plan of the site.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
Attachment No. 1- Vicinity Map
Attachment No. 2 - Project Plans
Attachment No. 3 - Census Tract Map 26.08
Attachment No. 4 - Matrix of Off-Sale Establishments
Attachment No. 5 - Planning Commission Resolution and Conditions of Approval
Attachment No. 6 - Notice of Exemption
Attachment No. 7 - Public Hearing Notice