AGENDA
ITEM NO. 2.
DATE: April 11, 2023
ITEM NO. 2.
DATE: April 11, 2023
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CONDITIONAL USE PERMIT NO. 23-02
ADMINISTRATIVE USE PERMIT NO. 23-01
CATEGORICAL EXEMPTION
APPLICANT: Charina Vergara for Tito's Pizza Bistro Brews
LOCATION: 2520 S Azusa Avenue
REQUEST: The applicant is requesting the approval of a Conditional Use Permit (CUP) and an Administrative Use Permit (AUP) to authorize live entertainment within a defined 80 square foot area inside, outdoor dining, and to authorize the on-sale of beer and wine within the existing restaurant.
ADMINISTRATIVE USE PERMIT NO. 23-01
CATEGORICAL EXEMPTION
APPLICANT: Charina Vergara for Tito's Pizza Bistro Brews
LOCATION: 2520 S Azusa Avenue
REQUEST: The applicant is requesting the approval of a Conditional Use Permit (CUP) and an Administrative Use Permit (AUP) to authorize live entertainment within a defined 80 square foot area inside, outdoor dining, and to authorize the on-sale of beer and wine within the existing restaurant.
BACKGROUND
The applicant is requesting approval of Conditional Use Permit (CUP) for live entertainment (80 square foot area) and for outdoor dining. The applicant is also requesting an Administrative Use Permit (AUP) to authorize the on-sale of beer and wine within the existing restaurant. The project site is located on the southeast corner of South Azusa Avenue and Amar Road.
| ITEM | DESCRIPTION |
|---|---|
| Zoning and General Plan | Zoning: Heavy Commercial (C-3) General Plan: Commercial (C) |
| Surrounding Land Uses and Zoning | North: Planned Community Development (PCD-1), Neighborhood Commercial (N-C) East: Service Commercial (S-C), Planned Community Development (PCD-1) South: Planned Community Development (PCD-1) West: City of La Puente |
| Current Development | Island Plaza (Shopping Center) |
| Legal Notice | Public Hearing Notices have been sent to 345 owners and occupants of properties within 300 feet of the subject site. |
DISCUSSION
The restaurant Tito's Pizza Bistro Brews is locating into the former Shakey's restaurant tenant space, which has been closed since July 2022. The existing space is 10,000 square feet. Tito's Pizza Bistro Brews is seeking approval for live entertainment (inside the restaurant), onsite alcohol sales, and outdoor dining.
The initial restaurant hours of operation are 11:00 a.m. to 10:00 p.m., seven (7) days a week. Future operating hours will be 11:00 a.m. to 10:00 p.m. Monday, Thursday and Sunday; Friday and Saturday hours are 11:00 a.m. to 1:00 a.m.. The restaurant will initially have twelve (12) employees. The number of employees may change and will get adjusted depending on the restaurant's popularity and peak hours. The interior of the restaurant will accommodate forty-three (43) tables and two hundred and eight (208) seats, while the outdoor dining area will accommodate eighteen (18) tables and fifty-nine (59) seats.
Alcohol Sales
Live Entertainment and Outdoor Dining
The initial restaurant hours of operation are 11:00 a.m. to 10:00 p.m., seven (7) days a week. Future operating hours will be 11:00 a.m. to 10:00 p.m. Monday, Thursday and Sunday; Friday and Saturday hours are 11:00 a.m. to 1:00 a.m.. The restaurant will initially have twelve (12) employees. The number of employees may change and will get adjusted depending on the restaurant's popularity and peak hours. The interior of the restaurant will accommodate forty-three (43) tables and two hundred and eight (208) seats, while the outdoor dining area will accommodate eighteen (18) tables and fifty-nine (59) seats.
Alcohol Sales
Alcohol sales within a restaurant requires an AUP which typically does not require Planning Commission review unless a) a public hearing is requested by a member of the public, or b) it is requested with another use/entitlement that requires Planning Commission level review. In this case, the proposed beer and wine sales/service is being processed with the proposed live-entertainment use, which requires a CUP.
Since most restaurants in the vicinity include alcohol on their menus, the on-sale of beer and wine would be necessary to the success of Tito's Pizza because it would provide the restaurant an equal opportunity to compete. As a restaurant, on-sale of beer and wine is an accessory use and is expected to enhance the dining experience by offering a variety of beverage options for its customers. Tito's Pizza would be required to obtain a Type 41 alcohol license from the California Department of Alcoholic Beverage Control (ABC) and would be required to comply with all ABC's standards and regulations.
Since most restaurants in the vicinity include alcohol on their menus, the on-sale of beer and wine would be necessary to the success of Tito's Pizza because it would provide the restaurant an equal opportunity to compete. As a restaurant, on-sale of beer and wine is an accessory use and is expected to enhance the dining experience by offering a variety of beverage options for its customers. Tito's Pizza would be required to obtain a Type 41 alcohol license from the California Department of Alcoholic Beverage Control (ABC) and would be required to comply with all ABC's standards and regulations.
Live Entertainment and Outdoor Dining
The applicant is requesting approval of live entertainment and outdoor dining. The proposed live entertainment includes acoustic nights, Bossa Nova nights, hosted karaoke nights and stand-up comedy to name a few. The live entertainment would be limited to the 80 square-foot single step platform, located on the northwest side of the restaurant. Live entertainment will not be allowed within the outdoor dining area.
To address potential noise concerns, the following conditions of approval has been included in the draft resolution:
To address potential noise concerns, the following conditions of approval has been included in the draft resolution:
- Amplified sound shall not exceed levels that are plainly audible, or vibrations felt on the outside of the tenant space.
- The exterior doors of the restaurant shall be kept closed at all times, except when doors are in use, in order to minimize noise impacts onto adjacent properties.
- Any speakers inside the restaurant shall be directed toward the front of the tenant space.
- The Community Development Director shall monitor whether the business generates excessive complaints. If the business operation results in excessive issues or complaints at any time, the Director shall initiate a review of the CUP by the Planning Commission. The Commission shall determine if additional restrictions, conditions, or physical changes are needed in order to address the issues or concerns.
REQUIRED FINDINGS
Findings necessary for the approval of the Conditional Use and Administrative Use Permits are as follows:
a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.
The existing facility which was previously used as Shakey's restaurant, has been closed since July 2022. The on-sale of beer and wine, outdoor dining, and the live-entertainment would be necessary to the success of Tito's Pizza because it would provide the restaurant an equal opportunity to compete with other restaurants in the area and would provide residents additional dining and entertainment options.
b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
There is no evidence that any detrimental effects such as: noise, litter, or other nuisances would occur. The on-sale of beer and wine, outdoor dining, and live-entertainment use will be in conjunction with the operation of a restaurant. The tenant space is existing, and no additional square footage would be added to the building. With appropriate conditions of approval, the proposed on-sale of alcohol, outdoor dining, and live-entertainment use will not be detrimental to the health, safety, peace, or general welfare of surrounding residents or business owners. The conditions of approval regulate the use to have minimal impacts.
c. That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith.
d. That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets.
e. That the granting of such a conditional/administrative use permit will not adversely affect the general plan of the city, or any other adopted plan of the city.
a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.
The existing facility which was previously used as Shakey's restaurant, has been closed since July 2022. The on-sale of beer and wine, outdoor dining, and the live-entertainment would be necessary to the success of Tito's Pizza because it would provide the restaurant an equal opportunity to compete with other restaurants in the area and would provide residents additional dining and entertainment options.
b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
There is no evidence that any detrimental effects such as: noise, litter, or other nuisances would occur. The on-sale of beer and wine, outdoor dining, and live-entertainment use will be in conjunction with the operation of a restaurant. The tenant space is existing, and no additional square footage would be added to the building. With appropriate conditions of approval, the proposed on-sale of alcohol, outdoor dining, and live-entertainment use will not be detrimental to the health, safety, peace, or general welfare of surrounding residents or business owners. The conditions of approval regulate the use to have minimal impacts.
c. That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith.
The tenant space and building are adequate in size to accommodate the proposed use. Furthermore, no changes in square footage are proposed for the tenant space and/or building. The proposed use will integrate well with the surrounding uses. The parking spaces onsite have been adequate for the site and the proposed use would not affect demand.
d. That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets.
The proposed on-sale of alcohol, outdoor dining, and live-entertainment use in conjunction with the restaurant is not anticipated to generate a substantial amount of vehicular traffic nor alter present circulation pattern. No effect on required infrastructure will result from the proposed use.The adequate public and private facilities such as utilities, landscaping, parking spaces and traffic circulation measures are provided for the existing use and will not adversely affect traffic in residential areas.
e. That the granting of such a conditional/administrative use permit will not adversely affect the general plan of the city, or any other adopted plan of the city.
The granting of the Administrative Use and Conditional Use Permits to allow the on-sale of beer and wine, outdoor dining, and live-entertainment in conjunction with the operation of a restaurant will not adversely affect the West Covina General Plan, since the proposed use does not conflict with the site’s "Commercial" land use designation which allows for a mix of functions including commercial, entertainment, office and housing. The project is consistent with the following General Plan policies: Policy 2.1 Maintain and enhance the City’s current tax base and Policy 2.4 Build on and grow West Covina's regional appeal.
GENERAL PLAN CONSISTENCY
The City's General Plan Land Use Element designates the subject property for Commercial Uses. The project is consistent with the following General Plan policies:
- Policy 2.1 Maintain and enhance the City's current tax base.
- Policy 2.4 Build on and grow West Covina's regional appeal.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt, pursuant to Section 15301 (Class 1, Existing Facilities) in that it consists of minor alterations of the existing structure in order to operate the requested use.
LEGAL REVIEW:
Staff recommends adopting Resolution No. 23-6123 approving Conditional Use Permit No. 23-02 and Resolution No. 23-6124 approving Administrative Use Permit No. 23-01.
OPTIONS:
Plans may be viewed at the West Covina City Hall Planning Division Counter at 1444 W. Garvey Avenue South, 2nd floor- Room 208, West Covina CA 91790.
Submitted by:
Jerry Rivera, Assistant Planner
Attachments
- Attachment No. 1 - Resolution of Conditional Use Permit
- Attachment No. 2 - Resolution of Administrative Use Permit
- Attachment No. 3 - Business Operations Plan
- Attachment No. 4 - Presentation