Agenda Report
Fullerton City Council
MEETING DATE: DECEMBER 6, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: SUNAYANA THOMAS, INTERIM COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR PREPARED BY: CHRISTINE HERNANDEZ, ASSOCIATE Planner
SUBJECT: Appeal of CONDITIONAL USE PERMIT AT 120 WEST WILSHIRE AVENUE (120 FULLERTON)
SUMMARY
Request to consider appeal of Planning Commission approval for a Conditional Use Permit at 120 West Wilshire Avenue to comply with new development regulations outlined in Fullerton Municipal Code (FMC) Chapter 15.31, which specifies regulations for businesses selling alcohol in any zone.
RECOMMENDATION
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, denying an appeal and upholding the planning commission approval of a CONDITIONAL USE PERMIT FOR AN EXISTING RESTAURANT (120 FULLERTON) WITH A TYPE 47 (ON-SITE SALE OF BEER, WINE AND DISTILLED SPIRITS) ABC LICENSE, ENTERTAINMENT AND AN EXISTING OUTDOOR DINING PATIO ON PROPERTY ZONED C-3 LOCATED AT 120 WEST WILSHIRE AVENUE Alternative Action:
Approve the appeal and direct staff to draft an alternative Resolution to deny the Planning Commission approval of the Conditional Use Permit request.
CITY MANAGER REMARKS
None.
PRIORITY POLICY STATEMENT
Not applicable.
FISCAL IMPACT
None.
DISCUSSION
Background
The current business owner applied to amend the existing Conditional Use Permit to bring business operations in compliance with the standard operational conditions contained in FMC Chapter 15.31 in 2020. The existing restaurant contains approximately 2,760 square feet of indoor area and 378 square feet of fully-open patio area at the southern portion of the tenant space. The business operates pursuant to a Conditional Use Permit approved in June 2009 (Resolution PC-09-22).
The Applicant requests a new Conditional Use Permit to align the proposed business operation with adopted regulations contained in Fullerton Municipal Code Chapters 15.31 and 3.08 pertaining to businesses serving alcohol and offering entertainment. The Applicant has not requested any modifications to the standard operational conditions for a bar contained in FMC Chapter 15.31. The proposed request does not involve site improvements and no construction or alterations will occur to the interior or exterior of the tenant space.
CEQA
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 – Existing facilities) because it consists of the operation of an existing private structure involving negligible expansion of the existing use.
Planning Commission
The Planning Commission considered the requested Conditional Use Permit on October 12, 2022. The Applicant / business owner responded to questions from the Commission during the public hearing. Following discussion between Commissioners, staff and the Applicant, the Planning Commission approved the request for a Conditional Use Permit by a 4 – 1 vote.
Appeal
A member from the public, Tony Bushala, has filed an appeal for City Council consideration pursuant to Fullerton Municipal Code Section 15.70.060. The Appellant’s request generally states that the business is not operating as a restaurant (Attachment 4).
Attachments:
Attachment 1: PowerPoint Presentation
Attachment 2: Draft Resolution No. 2022-XXX (Deny Appeal) Attachment 3: October 12, 2022 Planning Commission Staff Report1 Attachment 4: Appeal Letter
cc: City Manager Eric J. Levitt
The October 12, 2022 Planning Commission meeting video, Agenda material and Minutes are available at www.cityoffullerton.com/agendas.
Planning Commission Appeal – 120 West Wilshire Avenue
December 6, 2022 - Page 3