ATTACHMENT 3
AGENDA ITEM: 4-A
STAFF REPORT
SAN CLEMENTE ZONING ADMINISTRATOR
Meeting Date: November 3, 2022
PLANNER: Laura Coury, Assistant Planner
SUBJECT: Minor Conditional Use Permit (MCUP) 22-197, Primo Food Beer and Wine, a request to allow beer and wine sales for offsite consumption only at an existing grocery/food store.
LOCATION: 2801 S. El Camino Real
ZONING/GENERAL
PLAN:
Mixed-Use (MU 5.0), Affordable Housing Overlay District (AH)
PROJECT SUMMARY
Site Information: The project site is located within the Mixed-Use 5.0 Zone and the Affordable Housing Overlay. The existing grocery/food store, Primo Foods, occupies a single tenant building. The site is on the corner of South El Camino Real and Avenida San Luis Rey. The site’s frontage is on South El Camino Real, and the rear of the property abuts an alley with multi-family residential directly across. The project site abuts a single family detached dwelling with an accessory dwelling unit to the south, and on the north and northeast side multi-family homes. Figure 1 below shows an aerial view of the site. To the
Figure 1 – Aerial View
Proposed Project: The applicant, Sam Assi, requests approval of a Minor Conditional Use Permit (MCUP) to sell beer and wine for off-site consumption in conjunction with the existing grocery/food store operations. No sale for on-site consumption is Project Site
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requested. The grocery/food store current hours of operations occur between 8:00 AM and 8:00 PM daily (Attachment 2). The grocery/food store has an approved business license for retail grocery sales, which is reflected on the floor plan (Attachment 3). No additional parking is required.
Approval Authority: Zoning Administrator approval is required for MCUPs (Zoning Ordinance Section 17.16.070).
Project Findings: Staff supports the proposed use, subject to recommended conditions of approval, because it meets the required findings in the attached Resolution (Attachment 1) for MCUP approval for the following reasons:
o Beer and wine service at a grocery/food store is a conditionally permitted use in the Mixed-Use 5.0 Zone and is consistent with the General Plan; and o The project maintains the primary use of the site as a grocery/food store; and o The project site is suitable for the type and intensity of the proposed use in that the sale of beer and wine is contained entirely within the building and the proposed business operating hours cease no later than 8:00 PM on any given day of the week; and
o No additional parking is required, as the proposed project does not modify or expand the stores footprint; and does not change the use of the business to include on-site consumption with seating restaurant style; and
o The Development Management Team (DMT), including the Orange County Sheriff’s Department (OCSD) and the City’s Code Compliance Division, reviewed the project and do not have concerns with the request; and o The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity in that the proposed use must comply with conditions of approval and code requirements, such as Fire Code, California Building Code, Alcohol Beverage Control licensing requirements, and the Municipal Code, including limits on hours of operation, amplified sound, and a requirement that employees receive alcohol service training.
CEQA: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) because the proposed project involves the permitting, operation, and minor alteration of existing structures and facilities involving negligible expansion of the use. Public Comment: The project was publicly noticed in accordance with the San Clemente Zoning Ordinance and, as of the date this report was submitted for publishing, Staff has received no public comment on this item.
RECOMMENDATION
Staff recommends that the Zoning Administrator:
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1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities); and
2. Adopt Resolution ZA 22-020, approving Minor Conditional Use Permit 22-197, Primo Foods, subject to Conditions of Approval.
Attachments:
1. Resolution ZA 22-020
Exhibit A – Conditions of Approval
2. Project Narrative
3. Floor Plan