Staff Report- Chairman and Planning Commission

Staff recommends approval of Modification to Conditional Use Permit 14-02 (Application No. CUP-M 19-01) by adopting Resolution No. 019P-006 with conditions.

On June 24, 2019, the Community Development Department received a Modification of Conditional Use Permit application from Michael Merchant (further identified as “applicant”) requesting a permit to allow for the on-site sales and consumption of beer, wine and spirits at the existing Best Western Hotel at 1786 Jayne Ave. Staff accepted the application on June 25, 2019 and began processing the application for a modification of conditional use permit. In accordance with Section 9-5.103(b) of the Planning and Zoning Code, an application for a Conditional Use Permit shall be filed with the Community Development Department, prior to the application to Department of Alcoholic Beverage Control of the State of California ("ABC") for a new liquor license or change in location.   

The requirements of a conditional use permit are intended to prevent problems associated with commercial establishments involved in the sale of alcohol for consumption on-site (on-sale) or off-premises (off-sale), and to prevent over-concentration. It has been demonstrated that such establishments can adversely affect nearby commercial and residential uses and can create substantial demands for police services. Therefore, the purpose of the CUP is to establish regulations to govern land uses involved in the dispensing of alcoholic beverages.

Project Summary:  The project applicant is requesting a permit to sell beer, wine and spirits for consumption on the premises of the hotel. The State ABC License Type that the applicant is seeking is a Type 70 On-Sale General – Restrictive Service which authorizes the sale or furnishing of beer, wine and distilled spirits from consumption on the premises to the establishments overnight transient occupancy guests or their invitees. The license is normally issued to “suite type” hotels and motels, which exercise the privileges for guest’s complementary happy hour. Minors are allowed on the premises.

CUP Analysis

General Plan/Zoning Consistency: The current zoning and land use designation for the subject property is (CS) Service Commercial. The sale of alcohol is permitted subject to approval of a conditional use permit.

Location/Building: The existing hotel is located at 1786 Jayne Ave.

Surrounding Land Use Setting:

Staff has determined that there are no land use compatibility and/or transitional concerns related to allowing the sale of alcoholic beverages at the existing use.

Operations: Michael Merchant will remain under current ownership and the applicants will be the ABC permit holders. The sale and consumption of alcohol will only be permitted within the existing hotel in accordance with ABC regulations. The applicant will be applying for a type 70 (On-Sale General – Restrictive Service) through the State of California Alcohol and Beverage Control.

ON SALE GENERAL – RETRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine and distilled spirits from consumption on the premises to the establishments overnight transient occupancy guests or their invitees. The license is normally issued to “suite type” hotels and motels, which exercise the privileges for guest’s’ “complementary” happy hour. Minors are allowed on the premises.

Hours: The hotel operates 24 hours and the bar service is expected to operate 3:00 p.m. to 11:00 p.m. seven (7) days a week. Hours of operations may be amended upon approval of the Police Chief.   

Noise: No additional noise is expected to be generated from the existing use based on the sale and consumption of beer, wine and distilled spirits.  

Special Events: There may be cases where special events take place at this location and the applicant will be required to ensure the appropriate measures are taken to provide adequate crown control and noise control.

Parking: The sale and consumption of beer, wine and distilled spirits is primarily for hotel guests but occasionally for the public. It is not expected to impact the existing parking demand for the hotel as the parking requirements for the hotel takes into consideration public use of hotel facilities such as conference rooms.

Public Notification: Public hearing notices were sent to all property owners within 300’ feet of the site as required by Local and State law.

Environmental Considerations: The proposed project has been determined to be exempt from CEQA in accordance with Section 15301(a) for existing facilities. A notice of exemption will be filed with the Fresno County Clerk’s Office once approval has been granted for this application.

A Conditional Use Permit shall only be granted if the Planning Commission determines that the project as submitted or as modified conforms to all of the following criteria. If the Planning Commission determines that it is not possible to make all of the required findings, the application shall be denied. The specific basis for denial shall be established for the record.

General Plan consistency:  Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted;

Neighborhood compatibility:  The location, size, design, bulk, coverage, density, traffic generation and operating characteristics of the proposed project are consistent with the purposes of the district where it is located, and will not have an adverse effect on the neighborhood and surrounding properties;

Asset for the neighborhood:  The nature, use and architectural/design features of the proposed development make it attractive, functional and convenient. The proposed development enhances the successful operation of the surrounding area in its basic community functions, or provides an essential service to the community or region.