STAFF REPORT
PLANNING COMMISSION REGULAR MEETING OF JULY 19, 2011
PREPARED BY: Tim Nielsen, Assistant Planner tnielsen@ci.brentwood.ca.us
AGENDA ITEM & FILE NUMBER: Item No. 2; Conditional Use Permit No. 11-007 PROJECT DESCRIPTION: An application for a conditional use permit (CUP
11-007) to allow an upgrade to the alcohol license in conjunction with the continued operation of a non-conforming restaurant known as El Camino, located at 6611 Brentwood Boulevard (APN 018-150-053). The upgrade is being requested to allow the sale of distilled spirits for on-premise consumption, in addition to the existing sale of beer and wine.
PROJECT SIZE & LOCATION: A portion of a 1.29-acre parcel located west of Brentwood Boulevard and north of Sunrise Drive. GENERAL PLAN: GC (General Commercial)
ZONING: Thoroughfare Commercial (C-3) Zone
OWNER/APPLICANT: Edward Valle
PREVIOUS ACTIONS: None
BACKGROUND:
The applicant has requested approval of a conditional use permit to allow the sale of distilled spirits for on-site consumption within a 3,493 square-foot restaurant known as El Camino, located at 6611 Brentwood Boulevard. The restaurant has been in operation at this location since 1977. The restaurateur currently maintains a permit to sell beer and wine for on-site consumption and would like to expand this service. The interior of the restaurant would also be modified to incorporate a small bar area. Further alterations include the upgrade of existing restroom facilities in order to ensure that they are compliant with all current ADA requirements. The project site is within the Thoroughfare Commercial (C-3) Zone, which conditionally permits any facility involving the sale of alcohol, per Section 17.270.003.A of the Brentwood Municipal Code. In conjunction with the sale of distilled spirits, this conditional use permit would bring the non-conforming status of the restaurant and beer and wine sales into conformity with the Brentwood Municipal Code by conditionally permitting the entire use.
Surrounding Land Uses
North: Pena’s Auto Dealer and additional commercial properties beyond East: Brentwood Boulevard with Big ‘B’ Lumber beyond
South: Sunrise Drive and additional commercial properties beyond West: Higher density residential units with single-family homes beyond. Detailed Project Description
El Camino Restaurant is a sit-down facility and, as proposed, would be capable of seating 128 patrons within the building. The inclusion of the proposed bar area would accommodate up to seven additional patrons seated at the bar itself. The business functions as a full-service restaurant that serves a variety of entrees, side orders, desserts, and drinks. El Camino is open for breakfast, lunch, and dinner, and specializes in Mexican-style dishes. While beer and wine are currently listed menu offerings, the operator would like to add Mexican-style mixed drinks. The restaurant is staffed by up to ten employees, depending on peak business hours. The hours of operation are from 9:00 am to 10:00 pm, Monday through Thursday, and from 8:00 am to 11:00 pm on Friday, Saturday, and Sunday. In addition to the installation of the new bar area, the operator has plans to reconfigure the restroom facilities to take advantage of existing unused space and to ensure that the facilities are ADA-compliant. No other physical changes are proposed in conjunction with this conditional use permit.
ANALYSIS:
Conditionally permitted uses are those uses which, by their nature, require special consideration so that they may be located properly with respect to the objectives of the Municipal Code and with respect to their effects on surrounding uses and properties. In order to achieve these purposes, the Planning Commission is empowered to approve, conditionally approve, or deny applications for use permits.
General Plan Consistency
The General Plan land use designation underlying the project site is General Commercial. This designation allows a variety of mixed commercial uses and service businesses along State Route 4 organized within commercial clusters designed to serve specific areas and neighborhoods of the City. Included in the list of sample uses allowed within this designation are sit-down restaurants. While the establishment is not located within a commercial center or cluster, these commercial establishments have been oriented toward the boulevard for many decades and will likely continue to be until properties along the route are redeveloped. Therefore, after considering the changes proposed in conjunction with this amendment, the project would be consistent with the General Plan.
Zoning Consistency
The project site is zoned Thoroughfare Commercial (C-3), which is designed for retail and service businesses that are typically related to highways and major thoroughfares. These types of uses typically do not lend themselves to general commercial or neighborhood commercial
Code Section 17.270.003.C does allow the consideration of unlisted uses through the conditional use permit process. Additionally, the proposed bar addition to an existing restaurant is less intensive than other uses that are conditionally-permitted in the zone, such as stand-alone bars, billiard halls, gaming rooms, or dancehalls. Finally, the underlying General Plan land use designation specifically calls out sit-down restaurants as appropriate uses.
Land Use Compatibility
One of the primary concerns in reviewing a conditional use permit application is the effect of the proposed use on surrounding properties. The location of El Camino Restaurant is within a C-3 zone along Brentwood Boulevard. This site has been home to El Camino since 1977 and had previously been another restaurant known as Joe’s Patio. The property immediately north of El Camino is the home of a used car dealership and a small building south of the restaurant is used in a retail capacity by a flooring store. These uses are much more intensive than the restaurant and are not likely to be affected by its operation.
There are a number of non-conforming residential dwelling units located on the same parcel as the restaurant, but these are set back from the roadway frontage and maintain a separate vehicular entrance that serves the majority of the units. All of the buildings on this parcel were built between 1947 and 1990 under the jurisdiction of Contra Costa County. The parcel was annexed into the City of Brentwood in 1992 and all of the residential units are considered to be nonconforming, given the commercial zoning of the parcel. Most of these units do not have doorway or window openings directly onto the parking area that serves El Camino, although one stand-alone unit does face the parking area.
The minor interior changes proposed by the applicant and the expansion of the alcohol service to include the option of operating a full bar would not have any effect on the operation of the business or any exterior characteristics of the site. Therefore, from a land use perspective, the proposed amendment would be a beneficial addition to the existing El Camino Restaurant use. The restaurant operational hours would continue to run from 9:00 am to 10:00 pm, Monday through Thursday, and from 8:00 am to 11:00 pm on Friday, Saturday, and Sunday. The physical changes proposed within the restaurant are minimal and serve to bring the establishment into full compliance with all pertinent ADA regulations. The addition of the full bar would not add significant seating area, nor would it allow for many patrons to sit within the bar area. The applicant has had several conversations with the Police Department and staff is comfortable with the proposed expansion of alcohol sales, as it is intended to allow service of typical Mexican-style mixed drinks in keeping with the theme of the restaurant.
In discussing the proposed project with various representatives from other City departments, the concern was raised that the existing establishment does not have any facilities by which grease can be collected before wastewater enters the drainage system. In response to this situation, a condition of approval has been added to require the installation of a grease trap on the sink used primarily for dishwashing and to ensure that the trap is serviced regularly.
Parking
There are a total of 48 parking spaces available on the site. The restaurant occupies a 3,493 square-foot building and would require 35 parking stalls, based on the Municipal Code parking requirement of one parking stall per 100 square feet of gross building area. The other commercial use that shares this property is a retail flooring store, which occupies a 1,500
square-foot building and is required to provide 8 parking stalls. Retail uses are required to provide parking at the rate of one stall per 200 square feet of gross floor area. Together, the restaurant and flooring store necessitate the provision of 43 on-site parking spaces and sufficient parking stalls remain available for use by the single residential unit that faces the parking area.
Signage
As El Camino Restaurant is existing, no new signage is proposed as part of this application, and the existing signage is consistent with the Brentwood Municipal Code; however, any future signage would be required to be consistent with the City’s sign ordinance and must be submitted to the Community Development Department for review and permitting prior to installation.
DATE OF NOTICE:
A public hearing notice was mailed to all individuals owning property within 300 feet of the project site and published in the Brentwood Press on July 8, 2011. Additionally, a public hearing notice sign was installed on the property during the same period of time.
ENVIRONMENTAL DETERMINATION:
The proposed project qualifies as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA Guidelines Section 15301) in that the proposed changes to the existing restaurant include minor physical interior alterations to a previously-approved private structure in the form of the restroom remodel and bar addition. Furthermore, the use would not be expanded and would remain contained within the existing restaurant building. Finally, the sale of distilled spirits would result in only a minor change to the operation of the restaurant, which is also allowed for in the Class 1 categorical exemption provision.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution No. 11-041, approving CUP 11-007.
ATTACHMENTS:
1. Resolution No. 11-041
2. El Camino floor plan prepared by Stirling Architects Inc., dated “Received April 19,2011” 3. Site Location Map
4. Aerial photo of site and surrounding area 5. Menu
PLANNING COMMISSION RESOLUTION NO. 11-041
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD APPROVING A CONDITIONAL USE PERMIT (CUP 11-007) TO ALLOW AN UPGRADE TO THE ALCOHOL LICENSE IN CONJUNCTION WITH THE CONTINUED OPERATION OF A NON-CONFORMING RESTAURANT KNOWN AS EL CAMINO, LOCATED AT 6611 BRENTWOOD BOULEVARD (APN 018-150-053).
WHEREAS, the Planning Commission of the City of Brentwood has considered Conditional Use Permit No. 11-007 to allow the sale of distilled spirits in conjunction with the continued operation of a non-conforming restaurant known as El Camino, including beer and wine sales, located at 6611 Brentwood Boulevard; and
WHEREAS, a Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project site and published in the Brentwood Press on July 8, 2011, in accordance with City policies and Government Code Section 65090; and
WHEREAS, the project qualifies as a Categorical Exemption – Class 1 in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines in that the proposed changes to the existing restaurant include minor physical interior alterations to a previously-approved private structure in the form of a restroom remodel and bar addition. Furthermore, the use would not be expanded and would remain contained within the existing footprint of the restaurant building. Finally, the sale of distilled spirits would result in only a minor change to the operation of the restaurant, which is also allowed for in the Class 1 categorical exemption provision; and
WHEREAS, the Planning Commission of the City of Brentwood has held a public hearing on July 19, 2011, reviewed said conditional use permit request, and has studied the compatibility of this request with adjacent land uses, and has considered this request in accordance with the conditional use permit criteria established in Section 17.830.005 of the Brentwood Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Brentwood:
A. Hereby finds that:
1. The location, size, design and operating characteristics of the proposed development are compatible with and do not adversely affect the livability of appropriate development of abutting properties and the surrounding neighborhood, in that the restaurant has been in operation with no significant impacts and there are similar uses in the vicinity of the project site.
2. The harmony in scale, bulk, coverage and density of the proposed project is consistent and compatible with the existing and proposed land uses around the subject site, in that the El Camino Restaurant is already operational and the area of the use will not increase as a result of this permit being granted. Thereby, the approved scale, bulk, coverage and density of the building will be maintained.
3. The availability of public facilities and utilities is adequate to serve the proposed use as conditioned, in that El Camino Restaurant would continue to be located within an existing building where public facilities and services would be provided, including sewer, water, electricity, and phone, and installation of the requisite grease trap will ensure the preservation of these facilities.
4. There would be no harmful effect upon the neighborhood character with approval of this permit as the restaurant already exists on the site and would not be changing the exterior character of the building. There are nonconforming residential units on the property, but the majority do not have any doorway or window openings onto the parking area.
5. The subject site will have adequate pedestrian and vehicular circulation and parking available, in that there are vehicular access points serving the site from Brentwood Boulevard, there are sufficient parking stalls available for all of the uses on the property, and the parking lot is small enough to afford ready pedestrian access to all of the commercial uses.
6. The generation of additional traffic would be negligible due to the fact that the proposed conditional use permit and associated physical improvements constitute minor alterations to an existing restaurant establishment and would not increase vehicular trips to or from the site. Additionally, were any increase in traffic to occur as a result of expanding usage, Brentwood Boulevard is a major north-south thoroughfare and is able to handle expanding traffic needs.
7. The location, design, landscaping and screening, and overall site planning of the proposed use will provide an attractive, useful and convenient working area, in that the project is oriented toward a major arterial street and has adequate parking available to serve, not only the customers of the restaurant, but the customers of the retail flooring business located on the same parcel. B. Hereby approves Conditional Use Permit No. 11-007 to allow the sale of distilled
spirits in conjunction with the continued operation of an existing restaurant known as El Camino, including the sale of beer and wine for on-premise consumption, subject to the conditions of approval listed in Exhibit "A", attached hereto and made a part of this resolution, and all City standards applicable to this project. This permit shall terminate on July 19, 2012, unless actual alterations or expanded service has begun within said period. However, such period of time may be extended by the Planning Commission upon the filing of an extension request at any time before said period has expired.
The above action is final unless an appeal is filed pursuant to Chapter 17.880 of the Brentwood Municipal Code within ten (10) calendar days following Planning Commission action.
ADOPTED by the Planning Commission of the City of Brentwood at its regular meeting on July 19, 2011 by the following vote:
AYES: NOES: ABSENT: ABSTAIN: APPROVED: Joseph Weber
Planning Commission Chairman ATTEST:
Alex Greenwood
EXHIBIT "A" TO
PLANNING COMMISSION RESOLUTION NO. 11-041 CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 11-007
1. The proposed project shall be established and operated in substantial conformance with the floor plan and written narrative dated “Received, April 19, 2011” unless otherwise amended by the conditions of approval contained herein. Minor changes to the plans and operation may be allowed subject to the approval of the Community Development Director if found to be in substantial conformance with the approved exhibits.
2. This conditional use permit shall authorize the sale of distilled spirits for on-premise consumption and the continued operation of a 3,493-square-foot restaurant known as El Camino, including the sale of beer and wine. Hours of operation for the restaurant shall be from 9:00 am to 10:00 pm, Monday through Thursday, and from 8:00 am to 11:00 pm on Friday, Saturday, and Sunday.
3. The project shall be subject to the City of Brentwood’s Standard Conditions of Approval for Commercial and Industrial Projects, dated May 2005, unless modified below or otherwise by the Planning Commission.
4. The applicant shall obtain all required County Health Department and Department of Alcoholic Beverage Control permits and shall submit copies of said permits to the Community Development Department prior to commencement of operations.
5. On-site signage shall be allowed in accordance with the standards of the sign ordinance of the Brentwood Municipal Code, and shall be submitted to the Community Development Department prior to manufacture and installation for review and permitting. 6. The applicant shall maintain the area surrounding the use including but not limited to the
building in which the business is located, the solid waste container area, sidewalk, and parking lot area in a clean and orderly manner at all times.
7. In the event that the applicant proposes to modify the hours of operation beyond 9:00 a.m. to 10:00 p.m., Monday through Thursday and 8:00 a.m. to 11:00 p.m., Friday through Sunday, other aspects of the business, or modify the exterior of the building or site, the modification shall be subject to the review of the Community Development Director. The Community Development Director may approve the modification or refer it back to the Planning Commission if judged to be substantial.
8. The applicant shall obtain a “Waste Water Treatment Survey” from the Public Works Department to determine the proper sizing and location of the requisite grease trap and adhere to any other related requirements prior to the issuance of a building permit for any of the physical work proposed in conjunction with this conditional use permit application.
mitigate such impacts, or may revoke said conditional use permit bound upon applicable findings.
10. Prior to issuance of a building permit, a copy of the floor plan shall be provided for the review and approval of the Brentwood Police Department specifically identifying where all alcoholic beverages will be stored or displayed and how distribution will be controlled. 11. The restaurant operator shall be responsible for ensuring that alcoholic beverages are
only consumed within the restaurant and that open containers are not removed from the premises.
12. A sign stating that open alcohol containers shall not be removed from the premises shall be conspicuously displayed within the restaurant to the satisfaction of the Brentwood Police Department.
13. Tables shall be bussed immediately following vacancy in order to ensure that all open alcohol containers are removed from the seating area.
14. The applicant shall obtain a Type-47 On-Sale General license from the California Department of Alcoholic Beverage Control prior to the sale of any distilled spirits on the premises and shall submit a copy to the Community Development Department.
