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El Cajon Planning Commission

City of EI Cajon Planning Commission Agenda Tuesday, April 17, 2018 Meeting 7:00 PM, Council Chambers

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DARRIN MROZ, Chair PAULCIReo, Vice Chair

JERRY TURCHIN VERONICA LONGORIA

ANTHONYSOTIlLE

Meeting Location: City Council Chambers, 200 Civic Center Way, EI Cajon, CA

www.cityofelcajon.us/your-government/departments/community-development/planning-division CALL TO ORDER
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PLEDGE OF ALLEGIANCE

ROLL CALL

CHAIRPERSON'S WELCOME

PUBLIC COMMENT This is the opport unity for the public to address the Commission on any item of business within the jurisdiction of the Commission

that is not on the agenda. Under state law no action can be taken on items brought forward under Public Comment except to refer the item to staff for administrative action or to place it on a future agenda.
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CONSENT Agenda Item:

PUBLIC HEARINGS

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1 PlanningCommission minutes of March 20, 2018

Agenda Item: 2 Project Name: Little Big Burger Request: Establish on-site beer and wine sales at an existing

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restaurant CEQA Recommendation: Exempt STAFF RECOMMENDATION: APPROVE Project Number(s): Conditiona l Use Permit No. 2245 Location: 949 Parkway Plaza

Applicant: LBB One, LLC dba Little Big Burger; (760) 966 -3000;
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DJ@hootwinc.com Project Planner: Spencer Hayes, 619-441 -1656, shayes@cityofelcajon.us City Council Hearing Required? No I Recommended Actions: 1.

Conduct the public hearing; and
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2. MOVE to adopt the next resolution in order APPROVING CUP No. 2245 , subject to conditions

Decisions and Appea ls - A decision of the Planning Commission is not final until the appea l period expires 10 days from the date of transmittal of

the Commission's resolution to the City Clerk. The appeal period for the items on this Agenda will end on Friday, April 27, 2018 at 5:00 p.m., except that Agenda items which are forwarded to City Council for final action need not be appealed.
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Agenda Item: 3 Project Name: Peach Ave Condominium Conversion Request: Converttwo existing detached residences to a common-

interest subdivision for homeownership CEQA Recommendation: Exempt STAFF RECOMMENDATION: RECOMMEND CITY COUNCIL APPROVAL Project Number(s : Planned

Unit Development (PUD) No. 349;
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Tentative Parcel Map (TPM) No. 662 Location: 1350 Peach Avenue Applicant: McNew Family Trust and KeachTroy Family Trust (Linda

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Keach); 619.337.5463 Project Planner: Alfonso Camacho, 619-441-1782,

acamacho@cityofelcajon.us City Council Hearing Required? Yes I May 8, 2018 Recommended Actions: 1. Conduct the public hearing; and

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2. MOVE to adopt the next resolutions in order recommending City Council approval of PUD No. 349 and TPM No. 662, subject to conditions

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Agenda Item: 4 Project Name: Transit District Specific Plan Request: New Specific Plan CEQA Recommendation: Environmental Impact Report (EIR) No. 90

STAFF RECOMMENDATION: RECOMMEND CITY COUNCIL APPROVAL Project Number(s): General Plan Amendment No. 2017-04
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Specific Plan No. 531 Zone Reclassification No. 2328 Environmental Impact Report No. 90

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Location: Area Surrounding the EI Cajon Transit Station Applicant: City of EI Cajon - Planning Project Planner: Melissa Devine, 619.441.1773,

mdevine@cityofelcajon.us City Council Hearing Required? Yes I May 8,2018 Recommended Actions: 1. Conduct the Public Hearing and
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2. MOVE to adopt the next resolutions in order recommending City Council approval of EIR No. 90, GPA No. 2017-04, SP No. 531, and ZR No. 2328

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Decisions and Appeals - A decision of the Planning Commission is not final until the appeal period expires 10 days from the date of transmittal of

the Commission's resolution to the City Clerk. The appeal period for the items on this Agenda will end on Friday, Apri/27, 2018 at 5:00 p.m., except that Agenda items which are forwarded to City Council for final action need not be appealed.
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Agenda Item: 5 Project Name: Appeal of Director's Decision Request: Approve appeal of director's decision denying health adult

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day care facility CEQA Recommendation: Exempt STAFF RECOMMENDATION: DENY Project Number(s): Amendment to Minor Use Permit No.4 Location: 456 North

Magnolia Avenue Applicant: Mike Terzibachian Project Planner: Alfonso Camacho, 619-441-1782,
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acamacho@cityofelcajon.us City Council Hearing Required? No I Recommended Actions: 1. Conduct the public hearing; and

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2. MOVE to adopt the next resolution in order DENYING appeal of Director's Decision

Agenda Item: 6 Project Name: Main Street Mixed-Use Extension of Time Request: Extend approval period for one year CEQARecommendation: .Exempt STAFF

RECOMMENDATION: APPROVE Project Number(s): Conditional Use Permit (CUP) No. Location: 101 East Main Street Applicant: Main Street Ventures LLC (Raad Kouza) Project Planner: Melissa Devine, 619.441.1773, mdevine@cityofelcajon.us City Council Hearing Required? No I Recommended Actions: 1. MOVE to adopt the next resolution in order approving
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the extension of time for CUP No. 2228

7. OTHER ITEMS FOR CONSIDERATION

ELECTIONS FOR CHAIR AND VICE CHAIR

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8. STAFF COMMUNICATIONS

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Director's Report

9. COMMISSIONER REPORTS/COMMENTS

10. ADJOURNMENT

This Planning Commission meeting is adjourned to May 1,2018 at 7 p.m.

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Decisions and Appeals - A decision of the Planning Commission is not final until the appeal period expires 10 days from the date of transmittal of

the Commission's resolution to the City Clerk. The appeal period for the items on this Agenda will end on Friday, April 27, 2018 at 5:00 p.m., except that Agenda items which are forwarded to City Council for final action need not be appealed.
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Agend a Item No .1

DRAFT MINUTES PLANNING COMMISSION MEETING

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March 20, 2018 The mee ting of the EI Cajon Planning Commission was called to order at 7:00 p.m. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE.

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COMMISSIONERS PRESENT: Darrin MROZ, Chair Paul CIRCO, Vice Chair Veronica LONGORIA Anthony SOTTILE Jerry TURCHIN

COMMISSIONERS ABSENT: None

STAFF PRESENT: An thony SHUTE, Director / Planning Commission Secre tary Barbara LUCK, City Attorney Ron Luis VALLES, Ad ministrative Secretary

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Chair MROZ exp lained the mission of the Planning Commission.

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PUBLIC COMMENT:

No on e spo ke.

CONSENT CALENDAR:

Agenda It em : 1 Planning Commission minutes of March 6, 2018

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Motion was made by CIRCO, seconded by MROZ, to approve th e March 6, 2018 minutes; carried 5-0.

PUBLIC HEARING ITEMS:

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Agenda Item: 2 Project Name: Taste of the Himalayas Request: Establish On-Site Beer and W ine Alcohol Sales CEQA Recommendation: Exempt STAFF

RECOMMENDATION: APPROVE
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Project Number(s): Condit iona l Use Permit (CUP) No. 2243 Location : 1784 East Ma in Street App licant: Dilma ya Laxme, LLC (Dipak Thakuri );

619-414-8699 ;
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dilip8699@yahoo.com Project Planner: Lorena Cordo va, Icordova@cityofelcajon.us, 619.441.1539 City Counci l Hearing Required? No I Recommended

Actions: 1. Conduct t he pub lic hearing; and
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2. MO VE to adopt the next resolution in order APPROVING CUP No. 2243, subject to cond it io ns

SH UTE summa rized t he agenda report in a Power Point presentation.

The app licant was present in t he audience but did not speak.

Mot ion w as made by M ROZ, seconded by LONGORIA, to close the pub lic hearing; carr ied 5-0.

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Motion was made by TURCH IN, seconded by SOTTILE, to adopt the next Resolution in order appro ving Cond it iona l Use Perm it No. 2243, to conduct

on-sale beer and win e sales at a restaurant in the Neighbo rhood Commercial (C-N) Zone, APN: 507-120-22, Genera l Plan Designation: Neighborhood Commercia l (NC); carried 5-0.
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Agenda Item: 3 Project Name: Zoning Code Omnibus Update Request: Zoning Code Amendment CEQA Recommendation: Negative Declaration STAFF

RECOMMENDATION: RECOMMEND CITY COUN CIL ADOPTION OF THE NEGATIVE
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DECLARATION AND APPROVAL OF THE ZONING CODE AMENDMENT

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Project Number(s): Zoning Code Ame ndment No. 433 Location : Cit ywide Applicant: City of EI Cajo n Project Planner: Lorena Cordo va, 619-441 -1539,

Icordova@cityofelcajon.us City Council Hearing Required? Yes I To Be Det ermined Recommended Actions: 1. Conduct t he public hearing; and
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2. M OVEto adopt the next resolutions in order recommend ing Cit y Council approval of t he Negative Declaration and Zoning Code Amendment No. 433

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SHUTE summarized t he agenda report in a Power Point presentation .

No one spoke in favor or in oppositi on.

Commissioners had questions about accessory dwell ing units, accessorybu ild ings, massageparlors, adult enterta inment, and beekeeping . Add it iona

lly some Commissioners asked questions about

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change of use in an existing building without requiring additional parking spaces for uses that have a higher parking requirement and recommended

that that item be considered at a future meeting.
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Motion was made by LONGORIA, seconded by CIRCO, to delete the proposed change of use parking standards from Zoning Code Amendment No. 433; carried

4-1 (MROZ, no).
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Motion was made by CIRCO, seconded by SOTTILE, to adopt the next Resolutions in order recommending City Council adoption of a Negative Declaration

for the Zoning Code Update and Zoning Code Amendment No. 433, deleting the proposed change of use for parking standards; carried 5-0.
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STAFF COMMUNICATIONS:

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In Director's Report, SHUTE provided updates on various projects, including Dunkin' Donuts, Hampton Inn, Bella Terraza, and South Magnolia project.

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ADJOURNMENT:

Motion was made by MROZ, seconded by TURCHIN, to adjourn the meeting of the EI Cajon Planning Commission at 7:43 p.m. this 20th day of March 2018

until April 3, 2018; carried 5-0.
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[The remainder of this page intentionally left blank.]

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ATIEST:

Anthony SHUTE, AICP, Secretary

Darrin MROZ, Chair

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City of EI Cajon Community Development Department

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PLANNING COMMISSION AGENDA REPORT

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Agenda Item: 2 Project Name: little Big Burger Request: On-sale Beer and Wine CEQA Recommendation: Exempt STAFF RECOMMENDATION: APPROVE Project

Number: Condit iona l Use Perm it (CUP) No. 2245 Location: 949 Parkw ay Plaza Applicant: LBB One, LLC dba Litt le Big Burger; 760-966-3000;
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DJ@hootwinc.com Project Planner: Spencer Hayes; 619-441-1656; shayes@cityofelcajon .us City Council Hearing Required? No I Recommended Actions: 1.

Conduct the public hearing; and
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2. MOVE to adopt the next resolution in order APPROVING CUP No . 2245, subject to condit ions

PROJECT DESCRIPTION

This project proposes to establish on-sale beer and wine serv ice at a new commercial restaurant within the Parkway Plaza Mall. The subject property

is located on the south side of Fletcher Parkway between North Johnson Avenue and State Route 67, and addressed as 949 Parkway Plaza. The applicant is applying for a Department of Alcoholic Beverage Control ( ABC I ) Type 41 license, described as a On-Sale Beer and Wine for Bona Fide Eating Place license. The restaurant's hours of operation are Sunday through Thursday 10:30 a.m. to 10:00 p.m. and 10:30 a.m. to 11:00 p.m. Friday and Saturday. 1 approved, the CUP would allow the restaurant to sell beer and wine for on-site consumption during their hours of operation.
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BACKGROUND

General Plan: Regional Commercial (RC) Specific Plans: Specif ic Plan (SP) No. 19 Zone: Regional Commercia l (C-R) Other City Plan: N/A Regional and

State Plan: N/A Notable State Law: Alcoho lic Beverage Control Act
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200 Civic Center Way I EI Cajon I Californ ia I 92020 I 619-441-1742 www.ci.el-cajon.ca.usjd eptjcommjplanning.htm l

Planning Commission Agenda Report Apri11?,2018

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Project Site Constraints The subject project site is a tenant space within the Parkway Plaza mall. Tenants of the mall share off-street parking,

which will not be impacted as a result of this request.
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Surrounding Context The site is located in a predominantly commercial corridor. Surrounding properties are developed and zoned as follows:

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Direction Zones Land Uses North C-R Commercial shopping center South (Across Interstate 8) RM-1500 RM- 2200 Multi-family residential East (Across

SR-67) RS-6 Single-family residential West C-R Commercial shopping center
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General Plan

The property is designated Regional Commercial (RC) on the General Plan Land Use Map. As described in the General Plan, RC designated areas are

intended to include large shopping centers with anchor stores and satellite shops and services. The request for beer and wine sales for on-site consumption at a restaurant is consistent with the intent of the RC General Plan land use designation. Specific Plan
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The site is governed by Specific Plan No. 19 that was approved by City Council on April 21,1958 to allow for the commercial development on the site.

The SP has been amended over the years but remains the overarching governing entitlement for new development at the site.
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Municipal Code El Cajon Municipal Code (ECMC) Chapter 17.210 Alcohol Sales and Deemed Approved Alcohol Sales Regulations ( Deemed Approved Ordinance

), regulates the conduct of alcohol sales, and requires approval of a CUP for the sale of alcoholic beverages for on- site consumption at a restaurant. Distance restrictions are not applicable to restaurants as long as the eating area has a greater square footage than an ancillary bar, if one is proposed. The CUP ensures compliance with applicable development standards, use restrictions, and compatibility with surrounding properties and land uses. There is no bar proposed with this request. Furthermore, ECMC sections 17.210.150 and 17.210.160 list specific operational standards and required findings when deciding a request for alcohol sales. A detailed discussion of applicable Municipal Code requirements is included below in the section of this report titled Discussion.
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Planning Commission Agenda Report ApriI1?,2018

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Alcohol Beverage Control Act

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The sale of alcohol is regulated by the Alcoholic Beverage Control Act (Business and Professions Code sections 23000-25762). Accordingly, the ABC was

established to oversee the licensing process. ABC has specific criteria to issue and revoke licenses, which allows for local participation that can impose regulations pursuant to both its valid police powers and land use authority.
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DISCUSSION

The alcohol sales ordinance contains provisions applicable to on-sale beer and wine sales in conjunction with a restaurant. Furthermore, restaurants

with on-sale alcoholic service are not required to satisfy the distance requirement of 600 feet to residentially zoned property, public or private schools, health care facilities, religious facilities, and parks or playgrounds. This exception also applies to a general retail store, grocery store, or retail pharmacy with greater than 10,000 square feet of gross floor area and a 10 percent alcohol display provision.
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New on-sale establishments must manage such premises in accordance with the requirements of the permit and operational standards listed in ECMC

section 17.210.150. These standards are summarized as follows:
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That the establishment does not result in adverse effects to health, peace or safety in the surrounding area;

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That the establishment does not jeopardize or endanger the public health or safety in the surrounding area;

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That the establishment does not result in repeated nuisance activities; That it complies with all local, state or federal laws, regulations or

orders; and, That it does not adversely affect the livability or appropriate development of abutting
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properties and the surrounding neighborhood.

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There are additional considerations such as overconcentration of licenses in a census tract and the crime rate. The subject site is located in census

tract 162.02. This census tract currently has 19 active on-sale licenses and ABC's authorized number of on-sale licenses for this census tract is four, thus the census tract is currently over capacity for on-sale services. Alcoholic Beverage Control License capacity is based on the census tract population and does not take into consideration use as a regional shopping mall.
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The crime rate in this Police Reporting District is Very High, however the Police Department is recommending approval of the proposed use as long as

alcoholic beverage revenue does not exceed food sales revenue, and alcoholic beverage sales and consumption only occur within the dining area and occur only during hours which food
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Planning Commission Agenda Report April 17, 2018

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service is available. The Police Department does not foresee undue strain on police services as a result of this application. Finally, even if the

CUP is approved, the applicant must obtain the approval of the Type 41 license and comply with the ABC standards prior to being able to offer beer and wine on the premises. All of these considerations are to ensure there are no adverse effects or the potential to endanger the residing or work community.
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FINDINGS

In addition to the CUP findings listed in ECMC section 17.50.060, the Commission shall approve issuance of the permit to allow new on-sale alcoholic

beverage sales activity upon making the findings listed in ECMC section 17.210.160. If the Commission can make all of the findings, it must approve the issuance of the CUP. The findings for CUP approval are as follows:
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A. The proposed project is consistentwith applicable goals, policies, and programs of the General Plan. The RC General Plan land use designation is

established to include large shopping centers and anchor stores with satellite shops and services. Restaurants with on-sale beer and wine are regional commercial uses, which are consistent and compatible with the RC General Plan land use designation.
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B. The proposed project is consistentwith all applicable use and development standards. Operational standards for on-sale alcoholic beverage

establishments are part of the permit conditions of approval. The existing site and building design are consistent with all applicable use and development standards. Moreover, the proposed beer and wine sales does not directly affect the underlying zone's development, and would not remove any required parking.
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C. The proposed project will be operated in a manner that is compatible with existing and planned land uses in the vicinity of the proposed use. The

vicinity of the subject property is developed with commercial and residential uses. A restaurant is considered an appropriate and compatible land use in a regional commercial center, and the sale of beer and wine at the restaurant would be a compatible accessory to the overall dining experience if: all activities are conducted within the thresholds of the Performance Standards listed in ECMC sections 17.115.130 and 17.210.150; the applicant adheres to operating characteristics required by local, state and federal laws, including but not limited to those of Alcoholic Beverage Control and applicable sections of the Business and Professions Code; the hours of beer and wine sales are in conjunction with food service; no beer or wine is
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Planning Commission Agenda Report ApriI1?,2018

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sold for off-site consumption; and the owners and employees serving alcoholic beverages are certified in responsible beverage service training.

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D. The proposed project will not be detrimental to the publichealth, safety, and general welfare, including but not limited to mattersof noise,

smoke, dust, fumes, vibration, odors, and hazards or excessive concentrations of traffic. Impacts are not anticipated with the normal conduct of a restaurant in a commercial zone. However, if the establishment does become a nuisance, the City has performance standards for those impacts which are addressed through code compliance actions if complaints are received. Furthermore, there are no identified existing problems in the project vicinity that may be exacerbated by on-sale alcohol service such as loitering, public drunkenness, noise, and littering. Moreover, alcohol related operational standards will be in place as conditions of approval to prevent any increase in the crime rate of the surrounding area.
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E. The proposed use is in the best interest of publicconvenience and necessity. The proposed project is in the best interest of public convenience

and necessity. A diversity in dining and beverage options is an enhancement to the regional commercial center which serves residents in the vicinity and the broader community.
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CALIFORNIA ENVIRONMENTALQUALITYACT

The proposed project is exempt from the California Environmental Quality Act (CEQA) subject to section 15301 of the CEQA Guidelines. Section 15301

provides an exemption for existing facilities where there is negligible expansion of an existing use and physical improvements are limited to minor interior or exterior modifications. In this instance, the existing structure is being modified and the project involves issuing a permit for the restaurant to sell beer and wine accessory to a restaurant use. No new environmental impacts would result. None of the exemption exceptions listed under CEQA Guidelines section 15300.2 exist.
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PUBLIC NOTICE INPUT

Notice of this public hearing was mailed on March 29, 2018, to all property owners within 300 feet of the project site and to anyone who requested

such notice in writing, in compliance with Government Code sections 65090/ 65091/ and 65092/ as applicable. Additionally, as a public service, the notice was posted in the kiosk at City Hall and on the City's website under Public Hearings/Public Notices. The notice was also mailed to the two public libraries in the City of El Cajon, located at 201 East Douglas Avenue and 576 Garfield Avenue.
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Planning Commission Agenda Report April 17, 2018

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RECOMMENDATION

Staff recommends approval of CUP No. 2245 for Little Big Burger. The proposed on-site beer and wine sales is ideal for a restaurant at the Parkway

Plaza mall. Furthermore, the addition of on-site beer and wine sales for the existing restaurant would be negligible considering its location at the existing regional commercial shopping.
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PREPARED BY:

Spencer Hayes ASSISTANT PLANNER

ATTACHMENTS

APPROVED BY:

Anthony Shute DIRECTOR OF COMMUNITY DEVELOPMENT

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1. Public Hearing Notice/Location Map 2. Proposed Resolution Recommending APPROVAL of CUP No. 2245 3. Exhibit A: Police Department comments dated

February 13, 2018 4. ECMC Sections 17.210.130 through 17.210.160 5. Aerial Photograph of Subject Site 6. Application Disclosure Statement 7. Project Description 8. Menu 9. Reduced Plans 10. Licenses in Census Tract 11. Full-sized site plan (Commissioner's Binders)
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Public Hearing Notice Location Map

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if / i

, All property owners within this line . shall receive notification

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I J I J

l... J LJ .L. FLETCHER PKWY

1-8 -- ----

NOTICE OF PROPOSED CONDITIONAL USE PERMIT

FOR ALCOHOL SALES AT LITTLE BIG BURGER

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N

/A-I 'I r - II

NOTICE IS HEREBY GIVEN that the EI Cajon Planning Commission will hold a public hearing at 7:00 p.m . Tuesday. April 17.2018, in the City Council

Chambers, 200 Civic Center Way, EI Cajon, CA, to consider: CONDITIONAL USE PERMIT NO. 2245, as submitted by LBB One, LLC dba Little Big Burger, requesting beer and wine sales for on-site consumption at a new restaurant. The subject property is addressed as 949 Parkway Plaza. This project is exempt from the California Environmental Quality Act (CEQA). The public is invited to attend and participate in this public hearing. The agenda report for this project will be available 72 hours prior to the Planning Commission meeting at http://www.cityofelcajon.us/your- government/calendar-meetings-list. In an effort to reduce the City's carbon footprint, paper copies will not be provided at the public hearing, but will be available at the Project Assistance Center upon request.
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If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in

this notice or in written correspondence delivered to the Commission, or prior to, the public hearing. The City of EI Cajon encourages the participation of disabled individuals in the services, activities, and programs provided by the City. Individuals with disabilities who require reasonable accommodation in order to participate in the public hearing should contact Planning at 619.441.1742. More information about planning and zoning in EI Cajon is available at http://www.cityofelcajon.us/your-government/departments/community-development/planning-division. If you have any questions, or wish any additional information, please contact SPENCER HAYES at 619.441.1656 or via email at shayes@cityofelcajon.us and reference Little Big Burger in the subject line.
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Proposed Resolution Recommending APPROVAL

of CUP No. 2245

PROPOSED PLANNING COMMISSION RESOLUTION

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A RESOLUTION APPROVING CONDITIONAL USE PERMIT NO. 2245 TO CONDUCT ON-SALE BEER AND WINE SALES AT A RESTAURANT IN THE REGIONAL COMMERCIAL (C-R) ZONE,

APN: 482-270-56, GENERAL PLAN DESIGNATION: REGIONAL COMMERCIAL (RC)
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WHEREAS, the El Cajon Planning Commission duly advertised and held a public hearing on April 17, 2018, to consider Conditional Use Permit (CUP) No.

2245, as submitted by LBB One, LLC dba Little Big Burger, requesting on-sale of beer and wine at a restaurant in the Regional Commercial (C-R) zone, on the south side of Fletcher Parkway between North Johnson Avenue and State Route 67, and addressed as 949 Parkway Plaza, APN: 482-270-56; and
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WHEREAS, the evidence presented to the Planning Commission at the public hearing includes the following:

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A. In determining whether the proposed use is categorically exempt from environmental review in accordance with section 15301, Class 1 (Existing

Facilities) of the CEQA Guidelines, evidence presented to the Planning Commission shows that the existing structure will be limited to minor improvements and the project involves issuing a permit for the restaurant to sell beer and wine accessory to the restaurant use; further there was no evidence presented that new environmental impacts would result.
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B. The RC General Plan land use designation is established to include large shopping centers and anchor stores with satellite shops and services.

Restaurants with on- sale beer and wine are regional commercial uses, which are consistent and compatible with the RC General Plan land use designation.
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C. Operational standards for on-sale alcoholic beverage establishments are part of the permit conditions of approval. The existing site and building

design are consistent with all applicable use and development standards. Moreover, the proposed beer and wine sales do not directly affect the underlying zone's development, and would not remove any required parking.
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D. The vicinity of the subject property is developed with commercial and residential uses. A restaurant is considered an appropriate and compatible

land use in a neighborhood commercial center, and the sale of beer and wine at the restaurant would be a compatible accessory to the overall dining experience if: all activities are conducted within the thresholds of the Performance Standards listed in ECMC sections 17.115.130 and 17.210.150; the applicant adheres to operating characteristics required by local, state and federal laws, including but not limited
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Proposed Planning Commission Resolution

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to those of Alcoholic Beverage Control Act and applicable sections of the Business and Professions Code; the hours of beer and wine sales are in

conjunction with food service; no beer or wine is sold for off-site consumption; and the owners and employees serving alcoholic beverages are certified in responsible beverage service training.
Tagged Passions:training, alcohol, sale, and business

E. Impacts are not anticipated with the normal conduct of a restaurant in a commercial zone. However, if the establishment does become a nuisance,

the City has performance standards for those impacts which are addressed through code compliance actions if complaints are received. Furthermore, there are no identified existing problems in the project vicinity that may be exacerbated by on-sale alcohol service such as loitering, public drunkenness, noise, and littering. Moreover, alcohol related operational standards will be in place as conditions of approval to prevent any increase in the crime rate of the surrounding area.
Tagged Passions:restaurants, compliance, commercial, noise, alcohol, crime, sale, and performance

F. The proposed project is in the best interest of public convenience and necessity. A diversity in dining and beverage options is an enhancement to

the regional commercial center which serves residents in the vicinity and the broader community.
Tagged Passions:commercial and diversity

NOW, THEREFORE, BE IT RESOLVED by the EI Cajon Planning Commission as follows:

Tagged Passions:boards and commissions and planning

1. The foregoing recitals are true and correct, and constitute findings of the Planning Commission.

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2. The EI Cajon Planning Commission hereby finds that section 15301 of the CEQA Guidelines is an appropriate exemption for the proposed project.

Tagged Passions:boards and commissions and planning

3. Based upon said findings of fact, the EI Cajon City Planning Commission hereby APPROVES CUP No. 2245 for on-sale beer and wine at a restaurant,

subject to the following conditions:
Tagged Passions:restaurants, boards and commissions, alcohol, planning, and sale

a. Prior to conducting beer and wine sales, the applicant shall submit a revised, one page Mylar site plan to Planning that includes the following

notes, under the heading Operational Standards.
Tagged Passions:alcohol, planning, and sale

b. Beer and wine shall be sold in conjunction with food service. c. No beer or wine shall be sold before 10:30 a.m. or after 10:00 p.m. Sunday

Tagged Passions:alcohol

through Thursday and no later than 11:00 p.m. Friday and Saturday. d. The establishment shall have signage indicating off-site alcohol sales are

Tagged Passions:advertising, signage, alcohol, and sale

prohibited. e. No beer or wine shall be sold for off-site consumption. f. On-sale beer and wine shall not result in adverse effects to the health,

peace
Tagged Passions:health, alcohol, and sale

Page 2 of 5

Proposed Planning Commission Resolution

Tagged Passions:boards and commissions and planning

or safety of persons residing or working in the surrounding area. g. On-sale beer and wine shall not jeopardize or endanger the public health or

Tagged Passions:health, alcohol, and sale

safety of persons residing or working in the surrounding area. h. On-sale beer and wine shall not result in repeated nuisance activities within

Tagged Passions:alcohol and sale

the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness,

drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
Tagged Passions:public safety, gambling, vandalism, nightlife, noise, detention, Vandalism, parking, drugs, sale, and traffic

i. The restaurant with on-sale beer and wine shall comply with all provisions of local, state or federal laws, regulations or orders, including but

not limited to those of the Alcoholic Beverage Control Act, California Business and Professions Code sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city business license fees.
Tagged Passions:restaurants, compliance, license, alcohol, business license, regulation, sale, and business

j. The restaurant with on-sale beer and wine shall maintain upkeep and ensure operating characteristics are compatible with, and will not adversely

affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
Tagged Passions:restaurants, development, alcohol, Development, sale, and neighborhood

k. The owners and all employees serving alcoholic beverages shall be required to be certified in Responsible Beverage Service training. Proof of this

training shall be submitted to Planning prior to Alcoholic Beverage Control's issuance of the Type 41 license.
Tagged Passions:license, training, alcohol, and planning

4. The following are ongoing conditions of approval for this CUP and shall be noted on the CUP site plan.

a. The use shall be operated in a manner that is compatible at all times with surrounding properties and uses.

b. Any change in use or expansion of the facility may require prior City approval, including an amendment to this conditional use permit.

Tagged Passions:expansion and facility

5. The Planning Commission may at any time during the life of this use permit, after holding a new public hearing and considering testimony as to the

operation of the approved use, add additional conditions as it deems necessary, to ensure that the approved use continues to be compatible with surrounding properties and continues to be operated in a manner that is in the best interest of public convenience and necessity and will not be contrary to the public health, safety or welfare.
Tagged Passions:hearing, boards and commissions, health, and planning

Page 3 of 5

Proposed Planning Commission Resolution

Tagged Passions:boards and commissions and planning

6. The existence of this CUP shall be recorded with the County Recorder.

7. The proposed use shall be operated substantially as presented in the Planning Commission staff report titled CUP No. 2245, dated April 17, 2018,

except as modified by this resolution. Operation of the use in violation of the conditions of approval is grounds for revocation.
Tagged Passions:boards and commissions and planning

8. If all conditions of approval have not been satisfied or if the uses approved by this CUP have not been commenced, and if no request for an

extension of time has been received, within one (1) year of the approval Planning Commission or by April 17, 2019, and subsequently approved, this CUP shall be considered null and void per EI Cajon Zoning Ordinance Section 17.35.010.
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[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

Page 4 of 5

Proposed Planning Commission Resolution

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PASSED AND ADOPTED by the EI Cajon City Planning Commission at a regular meeting held April 17, 2018, by the following vote:

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AYES: NOES:

ABSENT:

Darrin MROZ, Chair

ATTEST:

Anthony SHUTE, AICP, Secretary

Page 5 of 5

CITY OF EL CAJON

POLICE DEPARTMENT

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MEMORANDUM

Exhibit A Police Department comments

Tagged Passions:public safety

dated February 13, 2018

DATE:

TO:

.FROM:

SUBJECT:

FEBRUARY 13, 2018 v. FRANK LAHAYE OPERATIONS CAPTAIN

STEVE KIRK SED LIEUTENANT ff LITTLE BIG BURGER CUP

Attached is a memo from Sergeant Trotter regarding the CUP application for Little Big Burger which is a new restaurant located inside Parkway Plaza.

They are requesting to operate with a Type 41 On-Sale beer and wine license for consumption inside the business.
Tagged Passions:restaurants, license, alcohol, sale, and business

His report indicates the issuance of the CUP would not place an undue strain on law enforcement services if the City approved the request. It is my

recommendation that the request be approved.
Tagged Passions:public safety and services

Committed to a Safe Secure Community through, Service, Mutual Cooperation and Respect

CITY OF EL CAJON

POLICE DEPARTMENT

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MEMORANDUM

DATE:

TO:

FROM:

02/13/2018

Spencer Hayes City of EI Cajon Planning Division

Tagged Passions:planning

Sergeant Kevin Trotter Special Operations Unit

-

SUBJECT: Application for Conditional Use Permit No. 2245 On-Sale Beer Wine at Little Big Burger at 949 Parkway Plaza

Tagged Passions:alcohol and sale

In reqards to the application for a Conditional Use Permit ( 2245) for an On-Sale Beer and Wine license at Little Big Burger restaurant, located at

949 Parkway Plaza, the Police Department has conducted a review of the crime statistics (2016) for the census tract 16202 (in which the restaurant is located) and determined that it falls in a very high crime area. In fact, this census tract has the highest crime index rating in the City of EI Cajon at 1301 (the average being 180-270).
Tagged Passions:restaurants, public safety, license, alcohol, crime, and sale

Little Big Burger is described as a Gourmet Burger served in a fast/casual environment. Their website indicates that they sell various canned local

microbrews and ciders. The application itself indicates the intent of the project is to provide Beer to a new restaurant.
Tagged Passions:restaurants, alcohol, environment, and Conservation

Although this location is in a very high crime area, the Police Department does not foresee any undue burden on our resources, because we recognize

that alcohol is sold at other locations in Parkway Plaza. The Police Department does not object to this project proposal, but does make the following recommendations.
Tagged Passions:public safety, recognition, alcohol, and crime

1) Alcohol sales revenue must not exceed food sales revenue. 2) Alcohol sales and consumption must be in the dining area. 3) Food sales must be

available during all hours when alcohol service is available.
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serge er Special Operations Unit

Committed to a Safe Secure Community through, Service, Mutual Cooperation and Respect

4/12/2018 17.210.130 New and modified on-sale alcohol establishment standards. ECMC Sections

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17.210.130 through 17.210.160

Title 17ZONING ChaRter 17.210 ALCOHOL SALES AND DEEMED APPROVED ALCOHOL SALES REGULATIONS

Tagged Passions:Tony Taylor Custom, alcohol, regulation, and sale

17.210.130 New and modified on-sale alcohol establishment standards.

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Except as otherwise provided in this chapter, no person shall establish a new on-sale alcoholic beverage establishment or modify an existing on-sale

alcoholic beverage establishment in violation of Section 17.120.030 of this title or an applicable conditional use permit without first obtaining a conditional use permit in the manner provided by this chapter. Furthermore, the standards contained in Sections 17.210.140 through 17.210.160 require on-sale alcoholic beverage establishments to secure a conditional use permit in the manner provided in this chapter in order to lawfully engage in the sale of alcoholic beverages from premises located in the city of El Cajon; and require such establishments to manage such premises in accordance with the requirements of such permit, including operational standards and any conditions of approval incorporated as conditions of the permit. (Ord. 4994 3, 2013)
Tagged Passions:alcohol and sale

View the mobile version.

http://qcode.us/codes/elcajon/view.php?topic=17-17_210-17_21 0_130 frames=on 1/1

4/12/2018 17.210.140 Distance requirements-applicable to new on-sale alcoholic beverage establishments.

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Title 17ZONING ChaRter 17.210 ALCOHOL SALES AND DEEMED APPROVED ALCOHOL SALES REGULATIONS

Tagged Passions:Tony Taylor Custom, alcohol, regulation, and sale

17.210.140 Distance requirements-applicable to new on-sale alcoholic beverage establishments.

Tagged Passions:alcohol and sale

A. No new on-sale alcoholic beverage establishment shall be located within 1,000 feet of an existing on-sale alcoholic beverage establishment and/or

within 600 feet of residentially zoned property, public or private schools, health care facilities, religious facilities, parks or playgrounds, and off-sale alcoholic beverage establishments, except:
Tagged Passions:property, education, health, alcohol, parks, zoning, and sale

I. A restaurant with an ancillary bar with less total square footage than the restaurant eating area; or

Tagged Passions:restaurants

2. On-sale alcoholic beverage establishment with alcohol sales secondary and incidental to an approved, complementary, principal use within the

boundaries of Specific Plan No. 182; or 3. An alcoholic beverage manufacturer such as a craft brewery with an ancillary tasting room or craft brewery with a full service restaurant.
Tagged Passions:restaurants, alcohol, and sale

B. For purposes of this section, distances shall be measured between the closest property lines of the affected locations.

Tagged Passions:property

C. For the purposes of this section, secondary and incidental, shall mean that the sales of alcoholic beverage shall be limited to not more than 25

percent of the gross annual retail receipts generated by the use on the site, which shall be calculated on a quarterly basis, for the prior l Z-month period ending on the last day of the then concluding quarter of year, and shall further mean that sales of alcoholic beverages are not promoted or advertised in any signs, or the name of the business establishment. D. For the purposes of this section, principal use, may include, but is not limited to, live entertainment, participatory sporting activities, museums, theaters, performing arts center owned by a public agency, hotels, or other, similar uses approved by the city council, so long as the location of the sales of alcoholic beverages occurs on the same premises as the principal use, and the owner of the principal use is the owner of the liquor license. (Ord. 5018 98,2015; Ord. 4994 3,2013)
Tagged Passions:arts, license, council, hotel, advertising, alcohol, museums, sale, and business

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