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Application of Taub Family Outpost for a Use Permit to Allow a Restaurant with 64 Seats in an Existing Commercial Building at 497 First Street West

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Application of Taub Family Outpost for a Use Permit to Allow a Restaurant with 64 Seats in an Existing Commercial Building at 497 First Street West City of Sonoma Planning Commission STAFF REPORT Meeting: Special Planning Commission - May 24, 2018 Prepared Date Staff Contact May 07, 2018 Rob Gjestland, Senior Planner Agenda Item Title Application of Taub Family Outpost for a Use Permit to Allow a Restaurant With 64 Seats in an Existing Commercial Building at 497 First Street West Applicant/Owner: Taub Family Outpost/Linda Detert Trust Site Address/Location: 497 First Street West PROJECT SUMMARY Zoning: Base: Commercial Overlay: Historic Planning Area: Downtown Site Characteristics: The subject property is a 2,511-square foot lot at the intersection of First Street West and West Napa Street. The property is currently developed with a two-story commercial building that occupies the entirety of the site. Surrounding Land Use/Zoning: North: Multi-tenant commercial building/Commercial South: Commercial buildings (across West Napa Street)/Commercial East: The Plaza (across Fist Street West)/Park West: Multi-tenant commercial building/Commercial Environmental Review Environmental Impact Report Approved/Certified Negative Declaration No Action Required Exempt Action Requested Not Applicable Staff Recommendation Approve with conditions. PROJECT ANALYSIS Detailed Project Description: In way of background, the applicant was initially planning a wine tasting room at this location and was exempted from the wine tasting facility moratorium because tenant improvements were already in progress. However, since that time the applicant has changed the concept for the business. The applicant is now requesting approval of a Use Permit to operate a restaurant with wine bar/lounge and packaged goods market within the existing 4,914- square foot, two-story commercial building. A total of 64 seats are proposed within the building, including 26 seats on the first floor and 38 seats on the second floor. The restaurant would offer dine-in meal service throughout the day with breakfast, all-day, and late evening menus. Beginning at 10:30 a.m., patrons could also taste/purchase wine and spirits with a focus on brands offered under Taub Family Companies import businesses. The retail market would occupy a portion of the first floor, offering a variety of specialty products, including wine, as well as made-to-order and pre-packaged food items (i.e., sandwiches, salads, pastas, etc.) for take-out or onsite consumption. It is anticipated that the business would be staffed by approximately ten employees at any given time. Proposed hours of operation are from 8 a.m. to 10 p.m. daily with extended hours to midnight for special events and weekends on a seasonal basis. The project includes a full interior remodel to both floors to support the use as well as minor modifications to the building exterior. Deliveries to the business would occur daily (primarily in the morning) off West Napa Street Additional details are provided in the attached project narrative and drawings. General Plan Consistency ( Not Applicable to this Project): The property is designated Commercial by the General Plan. The Commercial land use designation is intended to provide areas for retail, hotel, service, medical, and office development, in association with apartments and mixed- use developments and necessary public improvements. Restaurants are allowed in the corresponding Commercial zone subject to review and approval of Use Permit by the Planning Commission. The following General Plan policies apply to the project: Local Economy Element, Policy 1.1: Focus on the retention and attraction of businesses that reinforce Sonoma’s distinctive qualities – such as agriculture, food and wine, history and art – and that offer high-paying jobs. Local Economy Element, Policy 1.8: Preserve and enhance the historic Plaza as a unique, retail-oriented commercial and cultural center that attracts both residents and visitors. Local Economy Element, Policy 1.10: Promote ground-floor retail uses in commercial areas as a means of generating pedestrian activity. In general, proposal is consistent with the intent of the Commercial land use designation and applicable General Plan policies, in that the restaurant and market are retail uses in the Plaza commercial area with a focus on food and wine. Development Code Consistency ( Not Applicable to this Project): Use: The property is located within a Commercial (C) zoning district, which is applied to areas appropriate for a range of commercial land uses including retail, tourist, office, and mixed-uses. Restaurants are allowed in the Commercial zoning district subject to review and approval of Use Permit by the Planning Commission. The business would operate under a Type 47 ABC license, which authorizes the sale of beer, wine and distilled spirits for onsite consumption and the sale of beer and wine for consumption off the premises, as part of a bona fide eating place/restaurant. Development Standards: The business would operate within an existing commercial building. As a result, the project does not raise any issues in terms of compliance with building setback, Floor Area Ratio (FAR), lot coverage, open space, and building height standards. Parking Requirements: The property has no on-site parking since the existing commercial building occupies the entire site. However, for structures that face the Plaza, additional parking is not required for a new use unless the new use results in: 1) an increase in the square footage of the structure, or 2) an off-street parking requirement that exceeds one parking space for each 300 square feet of floor area (Development Code Section E.19.48.040.F). The project would not expand the structure and the amount restaurant seating proposed (64 seats) has a parking requirement equivalent to and not in excess of the allowable ratio of one space per 300 square feet of floor area. Accordingly, the project does not raise any issues in terms of compliance with the City's parking standards. Design Review: The minor exterior building alterations referenced in the project narrative and elevation drawings (i.e., replacement windows, iron entry gate, signs, removal of a door and installation of a new window and door within gated vestibule on the south elevation) have been reviewed and approved by the Design Review & Historic Preservation Commission as required by Section 19.54.080.B.2 of the Development Code. Staff would note the building does not qualify as an historic resource under the California Environmental Quality Act (CEQA), based on a historic resource evaluation of the property prepared by APD Preservation (attached). Consistency with Other City Ordinances/Policies ( Not Applicable to this Project): Water Demand Analysis & Will-Serve Letter: Pursuant to Resolution No. 46-2010, the project will be subject to the requirement for a water demand analysis and will-serve letter from the City Engineer to confirm that adequate water capacity exists prior to the issuance of a building permit for the project. These items have been included in the draft conditions. Environmental Review ( Not Applicable to this Project): Pursuant to Section of 15301 of the State CEQA Guidelines, the leasing, permitting, or operation of existing private structures involving negligible or no expansion of use is considered Categorically Exempt from the provisions of CEQA (Class 1 – Existing Facilities). Staff would note the building does not qualify as an historic resource under the California Environmental Quality Act (CEQA), based on a historic resource evaluation of the property prepared by APD Preservation (attached). Discussion of Project Issues: Compatibility: The proposal does not raise any significant issues in terms of compatibility with surrounding land uses as the property is located in the Downtown District in a commercial setting, near other restaurants, retail shops, a sparkling wine bar, and banks. Furthermore, in recognition of community concerns that led to the wine tasting room moratorium, staff has worked with the applicant to ensure that their proposal is focused as a restaurant/food serving use, with the ability for patrons to also taste, enjoy, and purchase wine and spirits. In this regard, staff would emphasize that the type of ABC license necessary for the business (i.e., Type 47) requires that it be a bona fide eating place, consistent with ABC's license description below. License Type 47 - ON SALE GENERAL - EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. Parking: As noted above, Section 19.48.040.F of the Development Code recognizes that buildings on the Plaza often lack on-site parking and allows for changes of use within those structures within certain parameters. The proposal is consistent with the applicable criteria and would have a parking requirement equivalent to uses that have historically operated in the building (retail and offices most recently). Recommendation: Staff recommends approval of the Use Permit, subject to the attached conditions of approval. Attachments Draft Findings and Conditions of Approval Vicinity Map Project Narrative Use Permit Drawings Historic Resource Evaluation CC: Kevin Heinichen (via email) SMA - Steve Martin Associates, Inc. DRAFT City of Sonoma Planning Commission FINDINGS OF PROJECT APPROVAL Taub Family Outpost - Restaurant Use Permit 497 First Street West May 24, 2018 Based on substantial evidence in the record and upon consideration of all testimony received in the course of the public review, including the public review, the City of Sonoma Planning Commission finds and declares as follows: Use Permit Approval 1. That the proposed use is consistent with the General Plan and any Specific Plan; 2. That the proposed use is allowed with a conditional Use Permit within the applicable zoning district and complies with all applicable standards and regulations of the Development Code (except for approved Variances and Exceptions): and 3.
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