Commission Agenda Report

Transcription

Planning Commission
Meeting
02-01-16
Item
5.C.
Commission Agenda Report
To:
Chair Stack and Members of the Planning Commission
Prepared by:
Brenda Magana, Assistant Planner
Approved by:
Bonnie Blue, AICP, Planning Director
Date prepared:
January 21, 2016
Subject:
Conditional Use Permit No. 15-008 An arplication to allow a new
full service restaurant (Malibu Burcjer) to include the sale of beer and
wine for onsite consumrtion
Meeting date: February 1, 2016
—
Location:
APN:
Zoning Designations:
Applicant:
Tenant:
Property Owner:
Application Filed:
23359 Pacific Coast Highway, Unit
3874A
4452-011-043
Commercial Visitor Serving 1 (CV-1 )1
Commercial General (CG)2
Burdge and Associates
Malibu Burger
Jamestown Premier Malibu Village, L.P.
August 28, 2015
-
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 16-15
approving Conditional Use Permit No. 15-008 to allow for a new full service restaurant
(Malibu Burger) to include the sale of beer and wine for onsite consumption in the
Commercial Visitor Serving-One and Commercial General zoning districts located at
23359 Pacific Coast Highway, unit 3874A (Jamestown Premier Malibu Village, L.P.)
DISCUSSION: The issue before the Planning Commission is whether to adopt Planning
Commission Resolution No. 16-15 approving CUP No. 15-008. Pursuant to Malibu
Municipal Code (MMC) Chapter 17.66, the applicant is requesting that the City grant a
CUP to allow for the operation of a restaurant, serving beer and wine. The proposed
changes include a tenant improvement to a portion of the former Guido’s Restaurant, the
former occupant, tenant space in the Malibu Village Shopping Center to accommodate a
1
2
This is the zoning designation for the subject parcel based on the Zoning Maps in the Local Coastal Program.
This is the zoning designation for the subject parcel based on the City adopted Zoning Map as referenced in
Malibu Municipal Code Section 17.06.020.
Page 1 of 8
Agenda Item 5.C.
new tenant (Malibu Burger). Conditional use permits run with the land. Guido’s
restaurant was a legal-non-conforming establishment and did not have a CUP, therefore,
Pursuant to MMC 17.22.040 Malibu Burger restaurant shall obtain a CUP for the
restaurant use and the sale of beer and wine.
The applicant also plans to make tenant improvements consisting of the construction of
interior partition walls, relocation of bathrooms, food service line, self-serve fountain
drink and condiment area, and construction of a new kitchen. The dining area will be
one large room, with a variety of seating options ranging from dining tables to booths
and tables.
The City Environmental Health Administrator, City Public Works Department, and the
Los Angeles County Sheriff’s Department (LACSD) reviewed the subject application and
determined it was consistent with applicable local and state provisions (Attachment 3,
Department Review Sheets). This CUP approval does not permit construction; a
separate over-the-counter application shall be obtained for the tenant improvement.
Project Description
The proposed application is for a CUP to allow for the operation of a restaurant serving
beer and wine. As proposed and conditioned, the proposed restaurant use will not
include amplified or live music, only dining.
Service Area
The service area consists of 1,328 square foot of interior service area.
service area is proposed.
No outdoor
ABC License
The applicant has submitted an application to the California Department of Alcoholic
Beverage Control (ABC) License Type 41 (On-Sale beer and wine) to permit the sale of
beer and wine for onsite consumption. ABC will not issue the license until the proposed
CUP is approved. Therefore, a condition of approval has been included in the resolution
stating that the tenant must submit a copy of the ABC license to the Planning
Department prior to the issuance of a Certificate of Occupancy. The Planning Director
may be requested to prepare a Letter of Public Convenience or Necessity and forward it
to ABC. In anticipation of this request, Planning Commission Resolution No. 16-15
grants authority to the Planning Director to submit a Letter of Public Convenience or
Necessity to ABC.
Surrounding Land Use
The subject tenant space is located in the Malibu Village Shopping Center. The Malibu
Village Shopping Center is bounded on the north by office buildings and the Urban
Page 2 of 8
Agenda Item 5.0.
Outfitters retail store, on the south by Pacific Coast Highway, on the east by Malibu
Creek and on the west by Cross Creek Road (Attachment 4, Vicinity Map and Aerial
Photographs). The subject property is located adjacent to the creek and accessed from
Cross Creek Road and Pacific Coast Highway. There is a mapped trail located on the
opposite side of the creek. Single-family residences are located over 1,000 feet north,
south and east of the subject property. The Table below describes land uses adjacent to
the subject property.
~IBIIIIIIII~JdlIIIIfWi~Table I
Address I APN
North
3808 Cross Creek Rd
South
East
West
3806 Cross Creek Rd
Malibu Lagoon State Park
Malibu Creek
3900 Cross Creek Rd
23387 Pacific Coast Hwy
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A4acent Land Uses
Size
Zone
0.44 acre
2.39 acres
CV-1
CV-1
______________
________
______________
________
0.82 acre
0.52 acre
______________
CV-1
CV-1
________
I Land Use
Public Utilities
Office, Retail
___________________
___________________
___________________
Shopping Center
Service Station
Land uses in the Malibu Village Shopping Center consist of services and general retail, a
bank, beauty supply store, a movie theater, three restaurants, an ice cream shop, and an
optical store. The proposed restaurant is consistent with other surrounding land uses
and occupies a tenant space that has historically been a restaurant.
ANALYSIS
Pursuant to Local Implementation Plan (LIP) Section 3.3(J) and MMC Sections
17.26.030 and 17.30.030, conditionally permitted uses in the CV-1 and CG zoning
districts include restaurants, exceeding a maximum interior occupancy of 125 persons.
The tenant space was previously occupied by Guido’s, a 4,652 square foot restaurant.
On September 11, 2013, the City of Malibu approved Over the Counter (CC) Permit No.
13-064 for the subdivision of unit 3874, into two units. The subdivided units are 3874A,
which is 2,207 square feet, and 3874B which is 2,445 square feet. Unit 3874B is
currently occupied by a fitness center, Soul Cycle. The proposed restaurant will take the
space of 3874A, which is currently vacant. Service area is illustrated on sheet A-0.5 of
Attachment 2. The shopping center is currently served by existing utilities, including an
alternative onsite wastewater treatment system (AOWTS) approved in 2005. No
upgrade to the existing AOWTS is required for the proposed use.
Formula Retail
At the time of this report, litigation regarding the City’s formula retail regulations was still
pending. However, in accordance with the definition of MMC Section 17.66.130 Malibu
Burger is not a formula retail establishment as this is the only location.
Page3of8
Agenda Item 5.C.
Parking
Pursuant to MMC Section 17.48.030(G), the parking requirements for a shopping center
are five spaces for each 1,000 square feet of gross floor area within the center. To
qualify for the “shopping center” criteria, a well-balanced mixture of uses within the
center must be demonstrated. With the exception of the movie theatre for which parking
was calculated separately because of its high parking demand, existing uses in the
shopping center are considered well-balanced for parking purposes. However, any
future land uses that are more parking intensive than what currently exists would either
require additional parking spaces or a parking study demonstrating adequate parking
spaces existed for the new use.
Pursuant to MMC Section 17.48.030(G), where there is an imbalance of high intensity
uses, restaurants, theater, bowling alleys, billiard parlors, beauty schools and other such
uses and/or long-term parking uses, parking calculations will be based totally, or in part,
on an individual basis, per the tenant use rather than utilizing the shopping center ratio.
The required parking for restaurants is one space per 50 square feet of service area.
The interior service area of the proposed restaurant is given credit for the previous
restaurant use. Also, a parking study (Attachment 3, Public Works Department Review
Sheet) was submitted to the City for a previous application for this tenant space that
complied with the Department of Public Works requirements; therefore, a parking study
was not required.
Hours of Operation
The proposed hours of operation for Malibu Burger are seven days a week, Sunday
through Wednesday 11:00 a.m. to 10:00 p.m and Thursday through Saturday 11:00 a.m
to 12:00 a.m. The operating hours for other food service in Malibu Village are shown in
Table 1. Grom Gelataria currently has the closing hour of 11:00 p.m. The proposed
closing time for Malibu Burger is 12:00 a.m., an hour later than Grom Gelateria. As
proposed, Malibu Burger would be the latest business operation open. The proposed
service hours are similar to other food service operations in the same shopping center.
Table I Hours of Operation
________________________ Weekdays
Weekend
Chipotle Mexican Grill
10:30 a.m. 10:00 rim.
10:30 a.m.
—
—
Grom Gelateria
Sunday-Thursday
11:00 a.m. 10:00 p.m.
Sunday-Thursday
7:30 a.m. 9:00 p.m.
Sunday-Wednesday
11:00 a.m. 10:00 p.m.
—
Marmalade Café
—
Malibu Burger
—
Page 4of8
10:00 p.m.
Friday-Saturday
11:00 a.m. 11:00 p.m.
Friday-Saturday
7:30 a.m. 10:00 p.m.
Thursday-Saturday
11:00 a.m. 12:00 a.m.
—
—
—
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Agenda Item 5.0.
Conditional Use Permit Findings.
The applicant is requesting a CUP to allow the operation of a full service restaurant with
the sale of beer and wine. Pursuant to MMC Section 17.66.080, the Planning
Commission may approve, deny and/or modify an application for a CUP in whole or in
part, with or without conditions, provided that it makes all of the following findings of fact.
The findings to approve the CUP may be made as follows:
Finding 1. The proposed use is one that is conditionally permitted within the subject zone
and complies with the intent of all of the applicable provisions of Title 17 of the Malibu
Municipal Code.
Pursuant to LIP Section 3.3(J) and MMC Section 17.26.030, restaurants may be
conditionally permitted in the Commercial Visitor Serving One (CV-1) zoning district. In
addition, MMC Sections 17.22.040 and 17.30.030 allow for the sale of alcohol provided
that a CUP is obtained. The proposed restaurant includes incidental service of beer and
wine; therefore, a CUP is required. The project has been conditioned to comply with all
applicable provisions of the MMC.
Finding 2. The proposed use would not impair the integrity and character of the zoning
district in which it is located.
The proposed restaurant would occupy a portion of tenant space that has historically
been a restaurant which also served beer and wine. The Malibu Village Shopping Center
consists of a mixture of uses such as general retail, a bank, a movie theater, restaurants,
an ice cream shop and an optical store. The proposed restaurant will be consistent with
the existing surrounding land uses. Therefore, the proposed restaurant use will not
impair the integrity and character of the applicable zoning district.
Finding 3. The subject site is physically suitable for the type of land use being proposed.
It has been determined that the subject site is physically suitable for supporting a
restaurant, as the tenant space has historically been used as a restaurant with alcohol
service and all reviewing departments have recommended approval.
Finding 4. The proposed use is compatible with the land uses presently on the subject
property and in the surrounding neighborhood.
The subject site is currently developed as a retail shopping center and has been in
operation for over 40 years. As previously discussed in Finding 2, existing land uses in
the Malibu Village Shopping Center are compatible with the proposed restaurant. The
subject property is within the Malibu Civic Center and abuts a portion of the Malibu
Country Mart. General Plan Section 1.2.1 of the Land Use Element identifies “the
stretch of Pacific Coast Highway just west of Carbon Canyon Road through the Civic
Center” as the commercial core strip of the City’s commercial uses which include retail
Page 5 of 8
Agenda Item S.C.
and service space. The nearest residential buildings are at least 1,000 feet away and an
ample buffer exists between these uses. Residential properties to the north, south and
east are physically separated from the proposed restaurant by other commercially
developed properties, Pacific Coast Highway and open space, and Malibu Creek,
respectively. Therefore, the proposed restaurant is compatible with existing uses in the
shopping center and with the commercial core strip, and is not located directly adjacent
to any residential development.
Finding 5. The proposed use would be compatible with existing and future land uses
within the zoning district and the general area in which the proposed use is to be located.
As previously discussed in Findings 2 and 4, the proposed restaurant is compatible with
existing land uses within the shopping center and surrounding properties. Existing
surrounding land uses are generally developed consistent with applicable zoning
designations. Since the tenant space abuts Malibu Creek, a riparian habitat, conditions
of approval have been included to restrict lighting from spilling outside the property lines.
No outdoor service area is proposed. Therefore, the proposed restaurant is compatible
with existing and projected lands uses within the applicable zoning designation and
surrounding area.
Finding 6. There would be adequate provisions for water, sanitation, and public utilities
and services to ensure that the proposed use would not be detrimental to public health
and safety and the project does not affect solar access or adversely impact existing
public and private views, as defined by the staff
The proposed use will be served by existing utilities. The proposed tenant improvement,
under a subsequent Over-the-Counter permit will include interior changes only that will
include the reconstruction of bathrooms and installation of plumbing fixtures.
Consequently, the City Environmental Health Reviewer has reviewed the proposal and
determined that the existing onsite wastewater treatment system can accommodate the
proposed use without upgrade or modification. The existing envelope of the structure will
not change and will not affect solar access or adversely impact existing public and
private views. As previously mentioned, site lighting for the tenant space has been
conditioned to avoid visual impacts.
Finding 7. There would be adequate provisions for public access to serve the subject
proposal.
Pursuant to MMC Section 17.48.030(G), the parking requirements for a shopping center
are five spaces for each 1,000 square feet of gross floor area within the center. To
qualify for the “shopping center” criteria, a balanced mixture of uses within the center
must be demonstrated. With the exception of the movie theatre, for which parking was
calculated separately because of its high parking demand, existing uses in the shopping
center are well balanced for purposes of parking. The proposed project will not increase
the parking intensity of the previously existing use. As this use replaces a preevious
Page 6 of 8
Agenda Item 5.C.
restaurant use. Therefore, adequate provisions for public access to serve the proposed
restaurant have been made.
Finding 8. The proposed use is consistent with the goals, objectives, policies, and
general land uses of the General Plan.
The Malibu General Plan is a policy document that contains policy measures. The
specific development standards to implement these policy measures are located in the
MMC. The proposed restaurant is a conditionally permitted use in the CG zoning district
and, as conditioned, is consistent with specific development standards in the MMC.
Therefore, the proposed restaurant, as conditioned, is consistent with goals, objectives
and policies of the General Plan.
Finding F9. The proposed project complies with all applicable requirements of state and
local law.
The proposed project will comply with all applicable requirements of state and local law
and is conditioned to comply with any relevant approvals, permits, and licenses from the
City of Malibu and other related agencies, such as ABC, the Los Angeles Regional
Water Quality Control Board, and the Los Angeles County Fire Department.
Finding FlO. The proposed use would not be detrimental to the public interest, health,
safety, convenience or welfare.
Applications for restaurants are conditionally permitted uses in the CV-1 and CG zoning
districts. As conditioned, the proposed use is replacing a previous restaurant and will
not be detrimental to the public interest, health, safety, convenience, or welfare.
Finding 11. If the project is located in an area determined by the City to be at risk from
earth movement, flooding or liquefaction, there is clear and compelling evidence that the
proposed development is not at risk from these hazards.
The application involves a change in tenant on an existing developed property. The
building footprint and envelope will not change; therefore, there is no new impact related
to earth movement, flooding, or liquefaction.
ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in the
California Environmental Quality Act (CEQA), the Planning Department has analyzed the
proposal as described above. The Planning Department has found that this project is
listed among the classes of projects that have been determined to have a less than
significant adverse effect on the environment; and therefore, is exempt from the
provisions of CEQA. Accordingly, a CATEGORICAL EXEMPTION will be prepared
pursuant to CEQA Guidelines Section 15301
Existing Facilities. The Planning
Department has further determined that none of the six exceptions to the use of a
categorical exemption applies to this project (CEQA Guidelines Section 15300.2).
Page 7 of 8
Agenda Item 5.C.
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PUBLIC NOTICE: A Notice of Public Hearing was published in a newspaper of general
circulation within Maflbu and was mailed to all property owners and occupants within a
500-foot radius of the subject property.
CORRESPONDENCE: To date, staff has received no public comments regarding this
application.
SUMMARY: The required CUP findings can be made.
Further, the Planning
Department’s findings of fact are supported by substantial evidence in the record. Based
on the analysis contained in this report, staff is recommending approval of this project
subject to the conditions of approval contained in Section 6 (Conditions of Approval) of
Planning Commission Resolution No. 16-15. The project has been reviewed and
conditionally approved for conformance with the MMC.
ATTACHMENTS:
1. Planning Commission Resolution No. 16-15
2. Project Plans
3. Department Review Sheets
4. Vicinity Map and Aerial Photograph
5. Public Hearing I Mailing Notice
Page 8 of 8
Agenda Item 5.0.
CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 16-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MALIBU APPROVING CONDITIONAL USE PERMIT NO. 15-008,
TO ALLOW FOR A NEW FULL SERVICE RESTAURANT TO
INCLUDE THE SALE OF BEER AND WINE FOR ONSITE
CONSUMPTION AT 23359 PACIFIC COAST HIGHWAY, UNIT 3874A
IN THE CV-1 AND CG ZONING DISTRICT (JAMESTOWN PREMIER
MALIBU VILLAGE, L.P. MALIBU BURGER)
THE PLANNING COMMISSION OF THE CITY OF MALIBU DOES HEREBY FIND,
ORDER AND RESOLVE AS FOLLOWS:
Section 1.
Recitals.
A.
On September 11, 2013, the Planning Department approved Over the Counter Permit No. 13064 for a tenant improvement which consisted of the subdivision of unit 3874, the former Guido’s
tenant space, into two units, 3874A and 3874B.
B.
On August 28, 2015, Burdge and Associates submitted Conditional Use Permit (CUP) No.
15-008 to the Planning Department, on behalf of the property owner.
C.
On December 8, 2015, a Courtesy Notice of the proposed project mailed to all property
owners and occupants within a 500-foot radius of the subject property.
D.
On January 12, 2016, Planning Department staff deemed the application complete.
E.
On January 7, 2016, a Notice of Public Hearing was published in a newspaper of general
circulation within Malibu and was mailed to all property owners and occupants within a 500-foot
radius of the subject property.
F.
On February 1, 2016, the Planning Commission held a duly noticed public hearing on the
subject application, reviewed and considered the staff report, reviewed and considered written
reports, public testimony, and other information in the record.
Section 2.
Environmental Review.
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA),
the Planning Commission has analyzed the proposal as described above. The Planning Commission
has found that this project is listed among the classes of projects that have been determined not to
have a significant adverse effect on the environment and therefore, exempt from the provisions of
CEQA. Accordingly, a CATEGORICAL EXEMPTION will be prepared and issued pursuant to
CEQA Guidelines Section 15301
Existing Facilities. The Planning Commission has further
determined that none of the six exceptions to the use of a categorical exemption applies to this project
(CEQA Guidelines, Section 15300.2).
—
Planning Commission Resolution No. 16-15
Page 1 of7
ATTACHMENT I
Section 3.
Letter of Public Convenience or Necessity.
Based on CUP findings in Section 4 of this resolution, the Planning Commission finds that the
proposed use will not be detrimental to the public health, safety, or general welfare and is compatible
with the land uses presently on the subject property and in the surrounding neighborhood. The
Planning Commission hereby authorizes the Planning Director to prepare and submit a Letter of
Public Convenience or Necessity for the proposed use to the State Department of Alcoholic Beverage
Control.
Section 4.
Findings.
The applicant is requesting a CUP to allow the operation of a full service restaurant with incidental
alcohol service. Pursuant to Malibu Municipal Code (MMC) Section 17.66.080, the Planning
Commission may approve, deny and/or modify an application for a CUP in whole or in part, with or
without conditions, provided that it makes all of the following findings of fact. Based on evidence in
the record, including all written and oral testimony and pursuant to MMC Section 17.66.080, the
Planning Commission hereby makes the following findings of fact and approves CUP No. 15-008.
Finding].
Pursuant to MMC Section 17.26.030, restaurants may be conditionally permitted in the Commercial
Visitor Serving-One (CV-1) zoning district. In addition, MMC Sections 17.22.040 and 17.26.030
allow for the sale of alcohol provided that a CUP is obtained. The proposed restaurant includes
incidental service of beer and wine; therefore, a CUP is required. The project has been conditioned to
comply with all applicable provisions of the MMC.
Finding 2.
The proposed restaurant would occupy a tenant space that was historically been occupied by a
restaurant. The Malibu Village Shopping Center consists of a mixture of uses such as general retail, a
bank, a movie theater, restaurants, an ice cream shop and an optical store. The proposed restaurant
will be consistent with the existing surrounding land uses. Therefore, the proposed restaurant use will
not impair the integrity and character of the applicable zoning district.
Finding 3.
It has been determined that the subject site is physically suitable for supporting a restaurant, as the
tenant space has historically been used as a restaurant all City agencies have recommended approval.
Finding 4.
The subject site is currently developed as a retail shopping center and has been in operation for over
40 years. As previously discussed in Finding 2, existing land uses in the Malibu Village Shopping
Center are consistent with the proposed restaurant. The subject property is within the Malibu Civic
Center and abuts a portion of the Malibu Country Mart. General Plan Section 1.2.1 of the Land Use
Element identifies “the stretch of Pacific Coast Highway just west of Carbon Canyon Road through
the Civic Center” as the commercial core strip of the City’s commercial uses which include retail and
Page 2 of 7
service space. The nearest residential buildings are at least 1,000 feet away an ample buffer exists
between these uses. Residential properties to the north, south and east are physically separated from
the proposed restaurant by other commercially developed properties, Pacific Coast Highway and
open space, and Malibu Creek, respectively. Therefore, the proposed restaurant is compatible with
existing uses in the shopping center and with the commercial core strip, and is not located directly
adjacent to any residential development.
Finding 5.
As previously discussed in Findings 2 and 4, the proposed restaurant is compatible with existing land
uses within the shopping center and surrounding properties. Existing surrounding land uses are
generally developed consistent with applicable zoning designations. Therefore, the proposed
restaurant is compatible with existing and projected lands uses within the applicable zoning
designation and surrounding area.
Finding 6.
The proposed use will be served by existing utilities. The proposed project includes the
reconstruction of bathrooms and installation of plumbing fixtures. Consequently, the City
Environmental Health Administrator has reviewed the proposal and determined that the existing
onsite wastewater treatment system can accommodate the proposed use without upgrade of
modification. The existing envelope of the structure will not change and will not affect solar access
or adversely impact existing public and private views.
Finding 7.
Pursuant to MMC Section 17.48.030(G), the parking requirements for a shopping center are five
spaces for each 1,000 square feet of gross floor area within the center. To qualify for the “shopping
center” criteria, a balanced mixture of uses within the center must be demonstrated. With the
exception of the movie theatre, for which parking was calculated separately because of its high
parking demand, existing uses in the shopping center are well balanced for purposes of parking. The
proposed project will not increase the parking intensity of the previously existing use. Therefore,
adequate provisions for public access to serve the proposed restaurant have been made.
Finding 8.
The Malibu General Plan is a policy document that contains policy measures. The specific
development standards to implement these policy measures are located in the MMC. The proposed
restaurant is a conditionally permitted use in the CG and CV- 1 zoning districts and, as conditioned, is
consistent with specific development standards in the MMC. Therefore, the proposed restaurant, as
conditioned, is consistent with goals, objectives and policies of the General Plan.
Finding 9.
The proposed project will comply with all applicable requirements of state and local law and is
conditioned to comply with any relevant approvals, permits, and licenses from the City of Malibu and
other related agencies, such as ABC, the Los Angeles Regional Water Quality Control Board, and the
Page 3 of?
Los Angeles County Fire Department.
Finding 10.
Applications for restaurants are conditionally permitted uses in the CV-l zoning district. As
conditioned, the proposed use will not be detrimental to the public interest, health, safety,
convenience, or welfare.
Finding 11.
The application involves a change in use on an existing developed property. The building footprint
and envelope will not change; therefore, there is no new impact related to earth movement, flooding,
or liquefaction
Section 5.
Planning Commission Approval.
Based on the foregoing findings and evidence contained within the record, the Planning Commission
hereby approves Conditional Use Permit No. 15-008, subject to the conditions listed below.
Section 6.
Conditions of Approval.
Standard Conditions
1.
The property owners and their successors in interest, shall indemnify and defend the City of
Malibu and its officers, employees and agents from and against all liability and costs relating to
the City’s actions concerning this project, including (without limitation) any award of litigation
expenses in favor of any person or entity who seeks to challenge the validity of any of the City’s
actions or decisions in connection with this project. The City shall have the sole right to choose
its counsel and property owners shall reimburse the City’s expenses incurred in its defense of
any lawsuit challenging the City’s actions concerning this project.
2.
This approval is for the operation of Malibu Burger, a full service restaurant that includes the
incidental alcohol service and the authorization for the Planning Director to submit a letter of
public convenience or necessity for the use.
3.
Subsequent submittals for this project shall be in substantial compliance with plans on-file with
the Planning Department, dated November 17, 2015. In the event the project plans conflict with
any condition of approval, the condition shall take precedence.
4.
This resolution (including signed and notarized Acceptance of Conditions Affidavit and
Department Review Sheets) shall be submitted to the City of Planning Department.
5.
Any questions of intent or interpretation of any condition of approval will be resolved by the
Planning Director upon written request of such interpretation.
6.
Minor changes to the approved plans or the conditions of approval may be approved by the
Planning Director, provided such changes achieve substantially the same results and the project
Page4of7
is still in compliance with the MMC. Revised plans reflecting the minor changes and additional
fees shall be required.
Operations
7.
The approved hours of operation are Sunday through Wednesday from 11:00 a.m. to 10:00 p.m.
daily and Thursday through Saturday from 11:00 a.m. to 12:00 a.m. Closure must be complete
and all employees must vacate the premises no more than one hour after closing, daily. No after
hours operation shall be permitted.
8.
No new signage is permitted under this application; a sign permit shall be submitted and
approved by the Planning Department prior to installation of any new sign.
9.
There shall not be outside service area.
10. This approval permits the sale of beer and wine for onsite consumption with a Type 41 License.
The property owner / operator shall obtain all necessary approvals from the California
Department of Alcohol Beverage Control (ABC). Once obtained, the applicant shall provide to
the Planning Department a copy of the ABC issued License.
11. At all times during the conduct of the permitted use the permittee shall maintain and keep in
effect valid licensing approval from the Department of ABC. Should such licensing be denied,
expire or lapse at any time in the future, the sale of beer and wine for onsite consumption shall
no longer be allowed on site.
12. A copy of the current ABC license shall be kept on the premises of the establishment and be
presented to any Planning Director, Code Enforcement officer, law enforcement officers or their
duly authorized representatives, upon request.
13. No restaurant, food packager, retail food vendor, vendor or nonprofit food provider shall provide
prepared food to its customers in any food packaging that utilizes expanded polystyrene.
“Expanded polystyrene” means and includes blown polystyrene and expanded and extruded
foams (sometimes incorrectly called Styrofoam, a Dow Chemical Company trademarked form of
polystyrene foam insulation) which are thermoplastic petrochemical materials utilizing a styrene
monomer and processed by any number of techniques including, but not limited to, fusion of
polymer spheres (expandable bead polystyrene), injection molding, foam molding, and
extrusion-blow molding (extruded foam polystyrene). Expanded polystyrene is generally used
to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.
14. The tenant shall comply with the requirements set forth in MMC Chapter 9.28(Plastic Bag Ban).
No retail establishment, restaurant, vendor or nonprofit vendor shall provide plastic bags or
compostable bags to customers. This requirement applies to plastic or compostable bags
provided at the point of sale for the purpose of carrying away goods.
15. Exterior trash bins shall be kept clean and covers kept closed at all times. Signage shall be
placed at the trash enclosure regarding keeping the trash bin clean and the covers to the trash
enclosures closed at all times.
Page 5 of7
Environmental Health
18. All final project plans shall be submitted for Environmental Health review and approval. These
plans must be approved by the Building Safety Division prior to receiving Environmental Health
final approval.
Public Works
19. All commercial developments shall be designed to control the runoff of pollutants from
structures, parking and loading docks. The following minimum measures shall be implemented
to minimize the impacts of commercial developments on water quality:
a. RESTAURANTS Properly design Equipment/accessory wash areas
i. Install self-contained wash area, equipped with grease trap, and properly connected
to Sanitary Sewer.
ii. If the Wash area is located outdoors, it must be covered, paved, the area must have
secondary containment and it shall be connected to the sanitary sewer.
—
b. TRASH STORAGE AREAS
i. Trash container areas must have drainage from adjoining roofs and pavement
diverted around the area.
ii. Trash container areas must be screened or walled to prevent off-site transport of
trash.
Fixed Conditions
20. The conditions under which this conditional use permit was approved may be modified by the
City without the consent of the property owner or operator if the Planning Commission finds that
the use is creating a nuisance.
21. A conditional use permit that is valid and in effect, and was granted pursuant to the provisions of
the MMC, shall run with the land and continue to be valid upon change of ownership of the land
or any lawfully existing building or structure on the land.
22. Violation of any of the conditions of approval shall be cause for revocation of the conditional
use permit and termination of all rights contained therein.
23. This conditional use permit shall become subject to revocation should the use for which the
conditional use permit was granted cease for six successive calendar months afier the start of
operations, except in the case of natural disaster.
24. The conditional use permit shall be revoked if the Planning Commission finds that one or more
of the following conditions exists:
a.
The conditional use permit was obtained in a fraudulent manner.
b.
The use for which the conditional use permit was granted has ceased or was suspended
for at least six successive calendar months.
c.
One or more of the conditions found within this resolution have not been substantially
Page 6 of 7
met.
Section 6.
Certification.
The Planning Commission shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of February 2016.
ROOHI STACK, Planning Commission Chair
ATTEST:
KATHLEEN STECKO, Recording Secretary
LOCAL APPEAL A decision of the Planning Commission may be appealed to the City Council by
an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be
filed with the City Clerk within 10 days and shall be accompanied by an appeal form and proper
appeal fee. The appellant shall pay fees as specified in the Council adopted fee resolution in effect at
the time of the appeal. Appeal forms may be found online at www.malibucity.org, in person at City
Hall orby calling (310) 456-2489 extension 245.
-
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 16-15 was passed and adopted by the
Planning Commission of the City of Malibu at the regular meeting thereof held on the 1St day of
February 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
KATHLEEN STECKO, Recording Secretary
Page 7 of 7
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MALIBU
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3974A PACING COAST HWY
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____________
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(152 non) high ssi(li (lie pnncqral sool.es of (he leners not
less than ~ inch (19.1 non) arnIe. Ihe nerd “EXI I shall
haw leneis hasing a ssidtli not less han 2 inches (SI non)
wide. escep( he lelier “I,” and (he nmUtnUtn spacing
I,etssccn letters shall not be less than ~ inch (9.5 not).
Sgns larger ihari the irinininni esr hhshed mItts section
shall hive lettei Es idihs_ sirokes ainh spacing in Irisiporisin
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City ofMalibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4861
(310) 456-2489 FAX (310) 317-1950 www.malibucity.org
ENVIRONMENTAL HEALTH REVIEW
REFERRAL SHEET
TO:
City of Malibu Environmental Health Administrator DATE:
8128/2015
FROM: City of Malibu Planning Department
PROJECT NUMBER:
CUP 15-008
JOB ADDRESS:
23359 PACIFIC COAST HWY, 3874A
APPLICANT I CONTACT:
Jose h Lezama, Burd e & Associates
APPLICANT ADDRESS:
APPLICANT PHONE #:
21235 Pacific Coast Highway
Malibu CA 90265
310 456-5905
APPLICANT FAX #:
APPLICANT EMAIL:
ose h
PROJECT DESCRIPTION:
Malibu Burger Co.
TO:
buaia.com
Malibu Planning Department andlor Applicant
FROM: City of Malibu Environmental Health Reviewer
/
Conformance Review Com~Iete for project submittals reviewed with respect to the
City of Malibu Local Coastal Plan/Local Implementation Plan (LCP/LIP) and Malibu
Plumbing Code (MPC). The Conditions of Planning conformance review and plan
check review comments listed on the attached review sheet(s) (or else handwritten
below) shall be addressed prior to plan check approval.
Conformance Review Incomplete for the City of Malibu LCP/LIP and MPC. The
Planning stage review comments listed on the City of Malibu Environmental Health
review sheet(s) shall be addressed prior to conformance review completion.
OWTS Plot Plan:
1~
NOT REQUIRED
E
REQUIRED (attached hereto)
EJ
REQUIRED (not attached)
f5 ~.7OA ~ )≤~
Signature
-
Date
The applicant must submit to the City of Malibu Environmental Health Specialist to determine whether or not an
onsite wastewater treatment system (OWTS) Plot Plan approval is required.
Andrew Sheldon, Environmental Health Administrator may be contacted Tuesday and Thursday from 8:00 am to
11:00 am, or by calling (310) 456-2489, extension 364.
Rev 141008
ATFACHMENT 3
P.:~?c1)
-.-—
City
of Malibu
Environmental Health • Environmental Sustainability Department
23825 Stuart Ranch Road Malibu, California 90265-4861
Phone (310) 456-2489 Fax (310) 317-1950 www.malibucity.org
ENVIRONMENTAL HEALTH REVIEW SHEET
PROJECT INFORMATION
Joseph Lezama, Burdge & Associates
joseph~buaia.com
Applicant:
(name and email
address)
Project Address:
PlanningCaseNo.:
Project Description:
Date of Review:
23359 Pacific Coast Hwy, Unit 3874A
Malibu, California 90265
CUP15-008
~.
~
Contact Information:
—.——~——
~
..
.....
October 15, 2015
~
Phone:
(310)456-2489 ext. 307
Email:
mjanou
k~malibucity.org
SUBMITTAL INFORMATION
Floor plan by Burdge &Associates Submitted to Planning 8-28-2015
Architectural Plans:
I
OWTS Plan:
~
~
Miscellaneous: Wastewater System Adequacy Report by Lombardo Associates dated 9-30-2015
~
~_..
~.
—
-
Previous Reviews:
REVIEW FINDINGS
Planning Stage:
~
LI
Plan Check Stage:
LI
for the City of Malibu Local Coastal
Program/Local Implementation Plan (LIP) and Malibu Plumbing Code (MPC).
The listed conditions of Planning stage conformance review and plan check
review comments shall be addressed prior to plan check approval.
CONFORMANCE REVIEW INCOMPLETE for the City of Malibu LIP and MPC.
The listed Planning stage review comments shall be addressed prior to
conformance review completion.
CONFORMANCE REVIEW COMPLETE
APPROVED
~
NOT APPROVED Please respond to the listed plan check review comments and
~ review.
OWTS Plot Plan:
~J
LI
NOT REQUIRED
REQUIRED (attached hereto)
LI
REQUIRED
(not attached)
Environmental Health conformance review has been completed for the development proposal
described in the project description provided by the Planning Department and the project plans and
reports submitted to this office. Please distribute this review sheet to all of the project consultants and,
prior to final approval, provide a coordinated submittal addressing all conditions for final approval and
plan check items.
The conditional conformance findings hereby transmitted complete the Planning stage Environmental
Health review of the project. in order to obtain Environmental Health final approval of the project
Page I of2
T \Ens Health Re~ie~~ Log’Projcct Rea~ee~’Pacific Coa~ I Is~v\23359 PCH
hr CRC doc~
-
Maltbn V,Ilage PlazaOTI and CUP Rev~e~~023359 PCII Unit 307-IA
\Ialtba Burger Cc (CUP (5-008) 510(523359 PCH Unit 3874A CUP
5-000 conf
City of Malibu
Environmental Health Review Sheet
CUP 15-008
23359 Pacific Coast Hwy, Unit 3874A
October 15, 2015
construction drawings (during Building Safety plan check), all conditions and plan check items listed
below must be addressed through submittals to the Environmental Health office.
Conditions of Planning Conformance Review
1)
Building Plans: All final project plans shall be submitted for Environmental Health review and
approval. These plans must be approved by the Building Safety Division prior to receiving
Environmental Health final approval.
-oOo
If you have any questions regarding the above requirements, please contact the Environmental Health
office at your earliest convenience.
cc:
Environmental Health file
Planning Department
Page2of2
T:~EnvI1eahhRevie’~ Lo~’Proje~t Re’~iev~’Pac cCoast1h~~23359 ‘CI-
MaIib~ViIIag~I’lazaVfl a,dCUP Re~icwsI23359 PCH Un~t3S74A Malib,, Burger Co (CUP 15-OOS(\151015 23359 PCH Unit 3874A CUI’ 15-003 conIbr CRC dccx
.
City ofMalibu
\~,\——
/‘4~y
23825 Stuart Ranch Rd., Malibu, California CA 90265-4861
(310) 456-2489 FAX (310) 456-7650
PUBLIC WORKS REViEW
REFERRAL SHEET
TO:
Public Works Department
DATE:
812812015
FROM: City of Malibu Planning Department
PROJECT NUMBER:
CUP 15-008
JOB ADDRESS:
23359 PACIFIC COAST HWY, 3874A
APPLICANT I CONTACT:
Joseph Lezama, Burdge & Associates
APPLICANT ADDRESS:
APPLICANT PHONE #:
21235 Pacific Coast Highway
Malibu, CA 90265
(310) 456-5905
APPLICANT FAX #:
_______________________________________
APPLICANT EMAIL:
[email protected]
PROJECT DESCRIPTION:
Malibu Burger Co.
TO:
Malibu Planning Department andlor Applicant
FROM:
_____
1
The following items described on the attached memorandum shall be
addressed and resubmitted.
The project was reviewed and found to be In conformance with the City’s
Public Wo k and LCP policies and CAN proceed through the Planning
~
Rev 120910
DA1t’
City of Malibu
MEMoRANDuM
To:
Planning Department
From:
Jorge Rubalcava, Assist. Civil Engineer
Date:
September 11, 2015
Re:
Proposed Conditions of Approval for 23359 PCH CUP 15-008
The Public Works Department has reviewed the plans submitted for the above referenced project.
Based on this review sufficient information has been submitted to confirm that conformance with
the Malibu Local Coastal Plan (LCP) and the Malibu Municipal Code (MMC) can be attained.
Prior to the issuance of building and grading permits, the applicant shall comply with the following
conditions.
COMMERCIAL DEVELOPMENT
1. All commercial developments shall be designed to control the runoff of pollutants from
structures, parking and loading docks. The following minimum measures shall be
implemented to minimize the impacts of commercial developments on water quality:
•
RESTAURANTS Properly design Equipment/accessory wash areas
i.
Install self-contained wash area, equipped with grease trap, and properly
connected to Sanitary Sewer.
ii.
If the Wash area is located outdoors, it must be covered, paved, the area must
have secondary containment and it shall be connected to the sanitary sewer.
•
TRASH STORAGE AREAS
i.
Trash container areas must have drainage from adjoining roofs and pavement
diverted around the area.
ii. Trash container areas must be screened or walled to prevent off-site transport of
trash.
—
C:\Usebmagana’ppData\Lo~I’~osoft\Windows\Temporary nterne~ Ffles\Content.OuUook\G1XR1WI3\23359 PCH CUP 15-008 (Malibu Burger Co.) (2).docx
Recy~ed Paper
/
~si bson
oP
transportation consulting, Inc.
DRAFT
DEp7
MEMORANDUM
TO:
Cindy McAfee, Jamestown Premier Malibu Village, LP
FROM:
Sean Mohn
Eugene Tang, AICP
DATE:
March 2, 2015
RE:
Parking Analysis for the Malibu Village Restaurant Project
Option 2
Ref: J1269a
Gibson Transportation Consulting, Inc. (GTC) was retained by Jamestown Premier Malibu
Village, LP to perform a parking analysis for the Malibu Village Restaurant Project (Project)
at Malibu Village shopping center in Malibu, California. This memorandum outlines the study
methodology and summarizes the findings of the parking analysis.
PURPOSE OF STUDY
Jamestown Premier Malibu Village, LP is proposing to reactivate approximately 2,135 square
feet (sf) of previously occupied and currently vacant retail space1 within Malibu Village and
convert it to restaurant space. The Project will also provide approximately 200 sf of new
outdoor patio seating in Phase 1 and an additional 800 sf of patio seating in Phase 2, resulting
in a total of 1,000 sf of new patio seating area. In response, the City of Malibu requested a
parking study to demonstrate that both the reactivation of currently vacant restaurant space
and the addition of new outdoor patio seating can be supported by the existing parking
capacity on-site.
PROJECT SITE
The Project is located within Malibu Village, located at 23359 Pacific Coast Highway. The site
is generally bound by Cross Creek Road to the north, Malibu Creek to the east, Pacific Coast
Highway to the south, and Cross Creek Road to the west.
Malibu Village presently provides a total of 51,149 sf of gross leasable area (GLA), including
47,369 sf of shopping center space and a 192 seat cinema (equivalent to 3,780 sf). As
detailed in the Attachment, the shopping center GLA is currently comprised of 2,010 sf of
service space, 4,300 sf of bank space, 2,206 sf of health club space, 24,631 sf of retail space,
6,525 sf of restaurant space, and a total of 7,697 sf of vacant space2.
2
The vacant retail space totals approximately 2,135 sf.
Includes both vacant restaurant space and vacant retail space.
523
W. 6th Street, Suite 1234
Los Angeles, CA 90014
p. 213.683.0088
f. 213.683.0033
Ms. Cindy McAfee
March 2, 2015
Page 2
The parking supply consists of approximately 310 parking spaces located in the on-site surface
parking lot. Figure 1 illustrates the Site Plan for Malibu Village.
PROJECT DESCRIPTION
Malibu Village is currently a mixed-commercial development predominantly comprised of
retail/service tenants with several restaurant spaces. As previously discussed, the Project is
proposing:
•
Reactivation of 2,135 sf of vacant retail space into active restaurant space for the Project
•
The addition of 200 sf of patio dining area for the Project in Phase 1
•
The addition of 800 sf of patio dining area for the Project in Phase 2, resulting in a total of
1,000sf
In addition, although these components are not part of the proposed Project, in order to consider
the worst case scenario for the purposes of the parking analysis, the conversion and/or
reactivation of the currently vacant retail space and restaurant space within Malibu Village is also
assumed with the following components:
•
Reactivation of 2,982 sf of vacant retail space
•
Reactivation of 2,580 sf of vacant restaurant space
Table 1 summarizes the land use plans for both the Existing Conditions and Future Conditions
(Phase 1 and Phase 2). As noted in Table 1, the health club is a recent addition to Malibu Village
and involved the conversion of previously vacant restaurant space.
This study examined the off-street parking required by the Malibu Municipal Code (City of
Malibu, 2013) (Municipal Code) based on two assumptions: (1) the extremely conservative
assumption that the new outdoor patio seating is restaurant space and its parking demand is
significantly higher than the reactivated restaurant space it actually serves and (2) the
reasonable assumption that the new outdoor patio seating is essentially ancillary space and its
parking demand is the same as the reactivated restaurant space that it serves.
MUNICIPAL CODE PARKING REQUIREMENTS
The Municipal Code has identified the off-street parking requirements of various land uses.
Specifically, Title 17 (Zoning), Chapter 48.030 of the Municipal Code details the off-street
parking ratios required for all developments proposed within the City of Malibu. The following
parking rates are applicable to the Project:
•
Shopping Center
o Five spaces per 1,000 sf of floor area
•
Restaurant
o One space per 50 sf of service area
Ms. Cindy McAfee
March 2, 2015
Page 3
The following parking rates are applicable to the other land uses within Malibu Village, including
the recently converted health club space3 and the reactivated retail space:
•
Shor~ing Center
o Five spaces per 1,000 sf of floor area
•
Cinema
o One space per three seats
o One space per two employees
The parking supply at Malibu Village was previously approved based on the shopping center
and cinema parking rates described above.
Existing Conditions
The shopping center rate was applied to the total shopping center GLA of 47,369 sf (vs. the
occupied shopping center GLA of 39,672 sf) and results in the requirement of 237 parking
spaces. The cinema rate was applied to the 192 seat cinema and results in the requirement of
69 parking spaces. As detailed in Table 2, a total of 306 parking spaces are required for Malibu
Village under existing conditions. Based on the application of the Municipal Code, the 310
space parking supply at Malibu Village is able to meet the 306 space requirement of the existing
conditions.
Future Conditions
—
Phase I
As previously discussed, the Project is proposing to reactivate approximately 2,135 sf of
previously occupied (and currently vacant) retail space and convert it to restaurant space. The
Project will also provide approximately 200 sf of new outdoor patio seating in Phase 1. As noted
earlier, the off-street parking requirement for the reactivated restaurant space is based on the
previously approved shopping center parking rates. For the purposes of this analysis, however,
the off-street parking requirement for the new outdoor patio seating area was calculated based
on both the conservative assumption that the new outdoor patio seating area is effectively new
restaurant space and and on the more reasonable assumption that the new outdoor patio
seating area is essentially ancillary space.
New Restaurant. The shopping center rate was applied to the 47,369 sf of existing shopping
center GLA, including the reactivated restaurant space, and results in the requirement of 237
parking spaces. The cinema rate was applied to the 192 seat cinema and results in the
requirement of 69 parking spaces. The restaurant rate was applied to the 200 sf of new outdoor
patio seating area and results in the requirement of four spaces. As detailed in Table 3, a total
of 310 parking spaces are required by Malibu Village under future conditions (Phase 1), which is
equal to the 310 space parking supply at Malibu Village.
Per the building permit issued by the City of Malibu, the parking requirement for the health club (Soul Cycle) was
based on the Malibu Village shopping center rate (five spaces/ksf).
Ms. Cindy McAfee
March 2, 2015
Page 4
Ancillary Space. The shopping center rate was then applied to both the total shopping center
GLA of 47,569 sf (existing plus new), including the reactivated restaurant space, and the 200 sf
of new outdoor patio seating area, and results in the requirement of 238 parking spaces. The
cinema rate was applied to the 192 seat cinema and results in the requirement of 69 parking
spaces. As detailed in Table 4, a total of 307 parking spaces are required by Malibu Village
under future conditions, resulting in parking surplus of three spaces within the 310 space
parking supply at Malibu Village.
Future Conditions
—
Phase 2
As previously discussed, the Project is proposing to reactivate approximately 2,135 sf of
previously occupied (and currently vacant) retail space and convert it to restaurant space. The
Project will also provide an additional 800 sf of new outdoor patio seating in Phase 2, resulting in a
total of 1,000 sf of new patio seating area. As noted earlier, the off-street parking requirement for
the reactivated restaurant space is based on the previously approved shopping center parking
rates. For the purposes of this analysis, however, the off-street parking requirement for the new
outdoor patio seating area was calculated based on both the conservative assumption that the
new outdoor patio seating area is effectively new restaurant space and on the more
reasonable assumption that the new outdoor patio seating area is essentially ancillary space.
New Restaurant. The shopping center rate was applied to the 47,369 sf of existing shopping
center GLA, including the reactivated restaurant space, and results in the requirement of 237
parking spaces. The cinema rate was applied to the 192 seat cinema and results in the
requirement of 69 parking spaces. The restaurant rate was applied to the 1,000 sf of new
outdoor patio seating area and results in the requirement of 20 spaces. As detailed in Table 5,
a total of 326 parking spaces are required by Malibu Village under future conditions (Phase 2),
which exceeds the 310 space parking supply at Malibu Village by 16 spaces.
Ancillary Space. The shopping center rate was then applied to both the total shopping center
GLA of 48,369 sf (existing plus new), including the reactivated restaurant space, and the 1,000
sf of new outdoor patio seating area, and results in the requirement of 242 parking spaces. The
cinema rate was applied to the 192 seat cinema and results in the requirement of 69 parking
spaces. As detailed in Table 6, a total of 311 parking spaces are required by Malibu Village
under future conditions (Phase 2), which exceeds the 310 space parking supply at Malibu
Village by one space.
CONCLUSION
The Project is proposing to reactivate approximately 2,135 sf of previously occupied (and currently
vacant) retail space and convert it to restaurant space. The Project will also provide 200 sf of new
outdoor patio seating in Phase 1 and an additional 800 sf of new outdoor patio seating in Phase 2,
resulting in a total of 1,000 sf of new patio seating area. Based on the results of the future
conditions analysis detailed above, when the new outdoor patio seating area is considered as
ancillary space serving reactivated restaurant space, the 310 space parking supply at Malibu
Village is more than sufficient to meet the needs of the Project during Phase 1 based on the
Municipal Code parking requirement 307 spaces. During Phase 2, however, the parking
requirement exceeds the parking supply by one space. When the new outdoor patio seating
Ms. Cindy McAfee
March 2, 2015
Page 5
area is considered as new restaurant space, however, the 310 space parking supply at Malibu
Village is not sufficient enough to meet the needs of the Project during either Phase 1 or Phase
2.
Due to the fact that the new outdoor patio seating area is relatively small in size and, in fact, will
be serving as ancillary space to the reactivated restaurant space and not be serving as an
independent destination, it is our professional opinion that the parking demand for this space will
be the same as the restaurant that it’s serving. As such, it is our recommendation that the new
outdoor patio seating area parking requirement be calculated based on the same rate used for
the reactivated restaurant space for both Phase 1 and Phase 2, i.e., the previously approved
shopping center rates for Malibu Village.
TABLE I
MALIBU VILLAGE LAND USE SUMMARY
EXISTING CONDITIONS (FEBRUARY 2015)
LAND USES
SIZE
FUTURE CONDITIONS (PHASE I)
LAND USES
SIZE
CINEMA
CINEMA
3,780 Sf
192 seats
CINEMA
3,780 Sf
192 seats
SHOPPING CENTER
SERVICE
2,010 Sf
SERVICE
2,010 sf
BANK
4,300 sf
BANK
4,300 sf
HEALTH CLUB [a]
2,206 sf
HEALTH CLUB [a]
2,206 Sf
RETAIL
24,631 Sf
RETAIL
Restored from Vacani
Subtotal Retail
24,631 Sf
~E~ZE2~n
I~EI~2~
RESTAURANT
6,525 sf
~
~
~- ~ ~
~ ~
RESTAURANT
Rest&ed from Vacan
Restored from Vacant (Project
~N~oSpaqe(l~foject’
Subtotal Restaurant [bJ
~
27,613 sf
6,525
2,580
2,135
200
11,440
sf
sf
Sf
sf
OCCUPIED GLA
39,672 Sf
OCCUPIED GLA
47,569 Sf
TOTAL GLA
47,369 Sf
TOTAL GLA
47,569 Sf
EXISTING CONDITIONS (ê-t~BRUARY 2015)
LAND USES
SIZE
FUTURE CONDITIONS (PHASE 2)
LAND USES
SIZE
CINEMA
CINEMA
3,780 Sf
192 seats
CINEMA
3,780 Sf
192 seats
SHOPPING CENTER
SERVICE
2,010 sf
SERVICE
2,010 Sf
BANK
4,300 sf
BANK
4,300 sf
HEALTH CLUB [a]
2,206 sf
HEALTH CLUB [a]
2,206 sf
RETAIL
Restored from Vacan
Subtotal Retail
24,631 sf
~ sf
27~613 Sf
RETAIL
~
RESTAURANT
~
24,631 sf
~
6,525 Sf
~
~ t~i~L~k~
-
RESTAURANT
~est~r~d from Vacanl
Restored from Vacant (Project)
~ NewfatioSpace~(Project)
Subtotal Restaurant [bJ
6,525
2 580
2,135
~
12,240
sf
sf
sf
~f
-
sf
OCCUPIED GLA
39,672 sf
OCCUPIED GLA
48,369 sf
TOTAL GLA
47,369 Sf
TOTAL GLA
48,369 sf
NOTES:
Currently VacantlDecommissioned
Restoration from Existing VacantlDecommissioned
New Construction
[a] The Health Club is a recent addition to Malibu Village, and involved the conversion of previously vacant Restaurant space.
[bJ The future Restaurant square footage total includes previously vacant Retail space.
TABLE 2
MALIBU VILLAGE MUNICIPAL CODE PARKING REQUIREMENT EXISTING CONDITIONS
-
SIZE
PARKING RATE
LAND USES
SPACES REQUIRED
CINEMA
CINEMA [a]
10 employees
192 seats
1 space per2 employees
1 space per 3 seats
SUBTOTAL
5
69
SHOPPING CENTER [b]
SERVICE
2,010 sf
BANK
4,300 sf
HEALTH CLUB
2,206 sf
RETAIL
m~ rp~r•..••
~ ~
24,631 sf
RESTAURANT
~
~
Vacani
~
TOTAL GLA
SUBTOTAL
~jj7~z
6,525 sf
~rp~
~80-sf~~~
47,369 sf
5 spaces per 1,000 sf
237
TOTAL SPACES REQUIRED (TOTAL GLA): 306
TOTAL SPACES PRO WDED: 310
SURPLUS!(SHORTFA LL): 4
NOTES:
[a] The parking requirement for the Cinema is based on the number of seats and employees (estimated)
as previously approved by the City of Malibu.
[b] The parking requirement for each of the land uses listed under the shopping center category (including the health club)
is based on the shopping center rate, as previously approved by the City of Malibu
TABLE 3
MALIBU VILLAGE MUNICIPAL CODE PARKING REQUIREMENT FUTURE CONDITIONS (NEW RESTAURANT)
PHASE I
-
SIZE
PARKING RATE
LAND USES
SPACES REQUIRED
CINEMA
CINEMA [a]
10 employees
192 seats
1 space per 3 seats
SUBTOTAL
5
69
SHOPPING CENTER [b]
SERVICE
2,010 sf
BANK
4,300 sf
HEALTH CLUB
2,206 sf
RETAIL
Restored from Vacant
24,631 sf
2982 sf
RESTAU RANT
TOTAL GLA
47,369 sf
237
1 spaces per 50 sf
4
RESTAU RANT
SUBTOTAL
241
TOTAL SPACES REQUIRED: 310
SURPLUS/(SHORTFALL): 0
NOTES:
rcestorauon irom txisiing vacanvuecommissionea
New Construction
[a] The parking requirement for the Cinema is based on the number of seats and employees (estimated)
[b] The parking requirement for each of the land uses listed under the shopping center category (including the health club)
is based on the shopping center rate, as previously approved by the City of Malibu.
TABLE 4
MALIBU VILLAGE PARKING DEMAND ANALYSIS FUTURE CONDITIONS (ANCILLARY SPACE)
PHASE I
-
SIZE
PARKING RATE
LAND USES
SPACES REQUIRED
CINEMA
CINEMA [a]
10 employees
192 seats
1 space per 2 employees
1 space per 3 seats
SUBTOTAL
5
69
SHOPPING CENTER [bj
~
•
SERVICE
2,010 sf
BANK
4,300 sf
HEALTH CLUB
2,206 sf
RETAIL
24,631 sf
Ré~torëdfr&rh Vat
~
2,982.ff~
3TAURANT
TOTAL GLA
47,569 sf
SUBTOTAL
238
SURPLUS/(SHORTFALL): 3
NOTES:
rwswrauon rrom txisung vacanvuecomm~ssionea
New Construction
[a] The parking requirement for the Cinema is based on the number of seats and employees (estimated),
[b] The parking requirement for each of the land uses listed under the shopping center category (including the health club),
TABLE 5
MALIBU VILLAGE MUNICIPAL CODE PARKING REQUIREMENT FUTURE CONDITIONS (NEW RESTAURANT)
PHASE 2
-
SIZE
PARKING RATE
LAND USES
SPACES REQUIRED
CINEMA
CINEMA [a]
10 employees
192 seats
1 space per 2 employees
1 space per 3 seats
SUBTOTAL
5
69
SHOPPING CENTER [b]
SERVICE
2,010 sf
BANK
4,300 sf
HEALTH CLUB
2,206 sf
RETAIL
24,631 sf
2,982 sf
RESTAU RANT
6,525 sf
2,580 sf
2,135 sf
TOTAL GLA
47,369 sf
RESTAU RANT
~New Patio Space (Project~
1,000 ~sf
237
I spaces per 50 sf
SUBTOTAL
257
TOTAL SPACES PROVIDED: 310
SURPLUS/(SHORTFALL): (16)
NOTES:
~New Construction
[bJ The parking requirement for each of the land uses listed under the shopping center category (including the health club),
TABLE 6
MALIBU VILLAGE PARKING DEMAND ANALYSIS FUTURE CONDITIONS (ANCILLARY SPACE)
PHASE 2
-
SIZE
PARKING RATE
LAND USES
SPACES REQUIRED
CINEMA
CINEMA [a]
10 employees
192 seats
1 space per 3 seats
SUBTOTAL
69
SHOPPING CENTER [b]
SERVICE
2,010 sf
BANK
4,300 sf
HEALTH CLUB
2,206 sf
RETAIL
24,631 sf
2,982 sf
RESTAURANT
New Patio Space (Prolect)
TOTAL GLA
5
6,525
2,580
2,135
1,000
sf
sf
sf
~
48,369 sf
5 spaces per 1,000sf
SUBTOTAL
242
242
.
SURPLUS/(SHORTFALL): (1)
NOTES:
New Construction
[bj The parking requirement for each of the land uses listed under the shopping center category (including the health club),
Attachment
Tenant Roster
ATTACHMENT
MALIBU VILLAGE TENANT ROSTER FEBRUARY 2015
-
Parcel
Unit
Story
A
A
A
A
A
A
A
A
A
A
A
A
A
Sub-Total
3822
3824
3826
3828
3832
3834
3838
3840
3844
3854
3862
3868
3872
1
1
1
1
1
1
1
1
1
1
1
1
1
Parcel
Unit
Story
B
B
B
B
B
B
B
B
B
B
B
B
B
Sub-Total
3874A
3874B
3880
3882
3883
3884
3888
3890
3894
3896
23357
23359
23361
1
1
1
1
1
1
1
1
1
1
1
1
1
Business Name
Hollywood Theater
Flu
San Lorenzo Bikinis
Perricone MD Flagship
Westime
Chipotle
True Religion
Malibu Eye Center Optometry
Banana Republic
Salvation
Levis
Zadig & Voltaire
Colony Cleaners
Use Type
Service Entertainment
Retail Apparel, Shoes
Retail/Service Beauty
Retail Watches
Food Restaurant
Retail/Service Optometry
Retail-Apparel, Shoes
Service Cleaners, Laundry
-
-
-
-
-
-
-
-
-
-
-
Business Name
Vacant (former Guido’s)
Soul Cycle
Radio Shack
European Shoe Repair
Unassigned Interior Retail
Wall Street Gallery
Grom Gelato
Vacant
Marmalde Café
Sephora
Vacant
Vacant
Wells Fargo
Use Type
Vacancy
Health Club
Retail Electronics
Service -Apparel, Repair
Vacancy
Retail -Art Gallery
Food Ice Cream
Vacancy
Food Restaurant
Retail Beauty Supply
Vacancy
Vacancy
Service Financial, Banking
-
-
-
-
-
Rentable
SF
3,780
600
650
1,600
936
2,050
1,500
1,500
4,500
3,610
1,560
1,534
1,500
25,320
Rentable
2,580
2,206
1,700
510
540
1,056
875
1,777
3,600
3,885
2,135
665
4,300
25,829
Total
51,149
Total (Cinema)
Total (Service)
Total (Bank)
Total (Health Club)
Total (Retail)
Total (Restuarant)
Total (Vacancy)
3,780
2,010
4,300
2,206
24,631
6,525
7,697
Total
Total (Shopping Center)
51,149
47,369
I
L~
~.,
~
~q~L
~
~
—
-
I
MALIBU VILLAGE
POTENTIAL RESTRIPE OPPORTUNITIES
J
FIGURE
Vicinity Map
YOGASMOGA at the
MAthI5 Colotby Mail
—~
aa
illIcit PeoØec
Proposed Restaurant
(Malibu Burger)
BEDISTU
*
=
BR
Pasta
To~ci
NOW
Ia
MalAtskildlen
flCotcntet
Slabudlo
500010CC
23259
a-
•cb,s
Pacific Cow Hwy
Sothobys lnlow,ouooal
Real Estate A9cct
I
- ~.
Sotfr.de. academy
Aerial
~
~
M i1.~M~IIs3oII
~
;~io~1
CC
—t,E~ ~
~
a
r
.r
-,
I
a-
Ma]
7
~
4~
—
lii
~p~,~s~isn_\
‘:“
‘lL~?1:
I
—
~i
‘~-
ProposedRestaurant
(Malibu Burger)
~ ‘ ~
~
1~~
-
~w
3
-
a- Cca~rvMir —
~
—
-
n.-ts
4.
41
-n
~
~
\ a! ~
•~—~
•
—
~
~
;ThCb
~
I
—~
.
—
p—a
—
UI)
~ tHw~\
—
ATTACHMENT 4
Notice Continued...
City of Malibu
A written staff report will be available at or before the
hearing for the project. All persons wishing to address
the Commission regarding this matter will be afforded
an opportunity in accordance with the Commission’s
procedures.
Copies of all related documents are available for re
view at City Hall during regular business hours. Writ
ten comments may be presented to the Planning Com
mission at any time prior to the beginning of the public
hearing.
LOCAL APPEAL A decision of the Planning Commis
sion may be appealed to the City Council by an ag
grieved person by written statement setting forth the
grounds for appeal. An appeal shall be filed with the
City Clerk within ten days following the date of action
for which the appeal is made and shall be accompa
nied by an appeal form and filing fee, as specified by
the City Council. Appeal forms may be found online at
www.malibucity.org/planning forms or in person at City
Hall, or by calling (310) 456-2489, extension 245.
23825 Stuart Ranch Road
Malibu, CA 90265
(310) 456-2489 Fax (310) 456-7650
CD
NOTICE OF
PUBLIC HEARING
C
.~Q)
=
-
Date: January 7, 2016
By: Bonnie Blue, AICP, Planning Director
CONDITIONAL USE PERMIT NO. 15-008
An
application for Malibu Burger, a new full service
restaurant which includes the sale of alcohol under a new
Type 41 license, proposed to be open from 11:00 a.m.
12:00 a.m., located within an existing tenant space in the
Malibu Village Shopping Center, previously occupied by
a restaurant (Guido’s)
—
U
0~z~Q)
ZY~
0cc~
0CD
3
IF YOU CHALLENGE THE CITY’S ACTION 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 DE
LIVERED TO THE CITY, AT OR PRIOR TO THE
PUBLIC HEARING.
If you have questions regarding this notice, please con
tact Brenda Magana, Assistant Planner, at (310) 456
-2489, extension 353.
The Malibu Planning Commission will hold a public
hearing on MONDAY, February 1, 2016, at 6:30 p.m. in
the Council Chambers, Malibu City Hall, 23825 Stuart
Ranch Road, Malibu, CA, for the project identified below.
(D
-
LOCATION:
APN:
ZONING:
Serving One (CV-1)
CD
Burdge and Associates
Jamestown LP
Malibu Burger Company
August 28, 2015
Brenda Magana
Assistant Planner
(310) 456-2489, ext. 353
bmagana~maIibucity.org
APPLICANT:
OWNER:
TENANT:
APPLICATION FILED:
CASE PLANNER:
Pursuant to the authority and criteria contained in the
California Environmental Quality Act (CEQA), the
Planning Director has analyzed the proposed project.
The Planning Director has found that this project is listed
among the classes of projects that have been determined
not to have a significant adverse effect on the
environment.
H
23359 Pacific Coast
Highway, Unit 3874A
4452-011-043
Community Visitor-
Therefore, the project is categorically
exempt from the provisions of CEQA pursuant to CEQA
Guidelines Section 15301
Existing Facilities. The
—
Planning Director has further determined that none of the
six exceptions to the use of a categorical exemption
apply to this project (CEQA Guidelines Section 15300.2).
z
H
84
-
1--~
78
N
$
\
/
(i
~‘
I
M AL B U
AGOON
ll~rOll [flaps
(3~0) 3i7~4S15
20756 S~thoard Ro~
Malbi
CA 90265
200i
o~:. ‘

Commission Agenda Report

Transcription

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