Agenda Report
Fullerton City Council
MEETING DATE: JANUARY 3, 2023
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: SUNAYANA THOMAS, INTERIM COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR PREPARED BY: CHRIS SCHAEFER, aicp, PlannING MANAGer
SUBJECT: Appeal of PLANNING COMMISSION APproval of CONDITIONAL USE PERMIT (ZON-2020-0035) AT 120 WEST WILSHIRE AVENUE (120 FULLERTON)
SUMMARY
City Council directed staff to present a resolution supporting an appeal of Planning Commission approval for a Conditional Use Permit at 120 West Wilshire Avenue. The original applicant request complied with new development regulations outlined in Fullerton Municipal Code (FMC) Chapter 15.31, relating to businesses selling alcohol in any zone.
RECOMMENDATION
Adopt Resolution No. 2023-XXX.
RESOLUTION NO. 2023-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVing an appeal and OVERTURNing 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
CITY MANAGER REMARKS
Based on City Council action on December 6, 2022, the City Manager recommends adoption of Resolution.
PRIORITY POLICY STATEMENT
Not applicable.
FISCAL IMPACT
None.
DISCUSSION
Background
The current business owner applied in 2020 to amend the existing Conditional Use Permit to bring the business operations in compliance with the standard operational conditions contained in FMC Chapter 15.31. The existing restaurant contains approximately 2,760 square feet of total indoor area, with 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 received in June 2009 (Resolution PC-09-22). The proposed request does not involve site improvements and no construction or alterations will occur to the interior or exterior of the tenant space.
The Applicant requested a new Conditional Use Permit to align the proposed business operation with the 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.
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 requested Conditional Use Permit was considered by the Planning Commission on October 12, 2022. During the public hearing the Applicant / business owner spoke when questioned by the Planning Commission. the Planning Commission voted (4 – 1, in favor) to approve the request for a Conditional Use Permit following discussion between Commissioners, staff and the Applicant,.
Appeal
Mr. Anthony Bushala, has filed an appeal pursuant to Fullerton Municipal Code Section 15.70.060, for City Council consideration. The Appellant’s request generally states that the business does not operate as a restaurant.
City Council
City Council considered the requested appeal of the Conditional Use Permit on December 6, 2022. The requestor, Mr. Anthony Bushala, presented a video purporting noise coming from the subject business. The Applicant / business owner provided responses when questioned by City Council. City Council voted (3 – 2, in favor) to approve the appeal thereby overturning the Planning Commission approval for the Conditional Use Permit.
Attachments:
Attachment 1 – Draft Resolution No. 2023-XXX
cc: City Manager Eric J. Levitt
Planning Commission Appeal – 120 West Wilshire Avenue
January 3, 2023 - Page 3