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  Agenda Item   13.    
Planning Commission
Meeting Date: 02/25/2020  

Subject:
CONDITIONAL USE PERMITS NO. CUP 20-04 AND CUP 20-05 – A REQUEST TO CONSIDER SIGNS IN COMPLIANCE WITH THE DOWNTOWN ARCHITECTURAL CONTROL CRITERIA AND A REQUEST TO ALLOW ON-SITE SERVICE OF FULL ALCOHOL FOR RUBY’S DINER LOCATED AT 215 SOUTH BREA BOULEVARD IN THE MU-I, MIXED USE I ZONE.
 
REQUEST
The applicant, EFE Ruby’s Diner, LLC is requesting to consider signs, as proposed, in compliance with the Downtown Architectural Control Criteria and to allow for the on-site service of full alcohol for the new Ruby’s Diner restaurant. 
RECOMMENDATION
Staff recommends the Planning Commission approve Conditional Use Permits No. CUP 20-04 and 20-05, subject to the Conditions in the draft Resolution.
BACKGROUND/DISCUSSION
BACKGROUND  
The subject property is located in Downtown Brea, on the southwest corner of Birch Street and Brea Boulevard, see Figure 1 – Vicinity Map.  Downtown Brea was developed in 1998 as a retail destination with enhanced architecture and public spaces.  The Downtown Architectural Control Criteria (ACC) was adopted as part of this plan to ensure high quality development, compatible storefronts, finishes and signage.  Specifically, the ACC provides guidelines for signs to ensure sign designs are appropriate for maintaining a visually attractive atmosphere and allowing for enhanced buildings, store and downtown identification.  The guidelines were intended to be flexible in order to encourage creativity while still setting some parameters. 

Since the adoption of these guidelines, Downtown Brea has seen a change from a retail focused downtown to an entertainment and dining destination.  The transition to entertainment uses have seen the need to utilize vibrant and dynamic storefronts and sign options to activate the streetscape as seen in Farrell’s Ice Cream Parlour, The Brea Improv Theater, Buffalo Wild Wings and Regal Cinemas.  Several of these proposals have been reviewed under Conditional Use Permits to allow for consideration of a sign package to support the intention of the new use while maintaining compatibility with the intention of the Downtown environment.  

DISCUSSION
Ruby’s Diner is proposing to open a new location at the corner of Brea Boulevard and Birch Street, in the former Farrell’s Ice Cream Parlour space.  There are 14 existing Ruby’s Diner locations throughout Orange County with varying hours of operation between 7am and 10pm.  This location is proposed to occupy 6,584 square feet space with both interior and exterior improvements to accommodate the new restaurant with indoor and outdoor seating.  The business will include a full service kitchen serving breakfast, lunch and dinner as well as a variety of desserts and shakes. 

Proposal for Sign Design
Among the exterior improvements, the project is proposing sign locations on Brea Boulevard, Birch Street, on the rear of the building facing the Gateway Center and on the entry to the restaurant at the intersection, Attachment 5 – Project Plans.  The Brea Boulevard elevation is proposed to have a 63 square foot channel letter “Ruby’s” sign mounted on the parapet sign wall and a 29 foot tall blade sign, Figure 2 – Brea Boulevard Elevation.  The letters on the blade sign will be internally illuminated with a neon overlay.  The blade sign will include an 18 foot tall Ruby’s Icon, outlined in neon and animated to replicate movement.

The Birch Street Elevation is proposed to have an 18 foot 9 inch tall blade sign.  The sign will also include a 12 foot tall animated Ruby’s icon to be outlined in neon.  The entryway signage is proposed to have an 88 square foot channel letter “Ruby’s” sign above the canopy, with an illuminated stainless backdrop to achieve a sparkle effect.  Below the script will be 30 inch tall illuminated channel letters on the canopy.  The entryway sign will include a 12 foot tall acrylic spinning milkshake, Figure 3 – Entryway Signage. 

In staff’s review of the proposed sign package several elements are outside of the explicit allowances of the ACC.  However, the ACC includes a provision to allow the Planning Commission the discretion to review applications to ensure the intent of the design guidelines are met.  In order to provide support and technical review as the Commission considers this request, Staff has worked with the original design team responsible for creating the ACC.  These sign and design experts have reviewed the proposed sign application and provide the following recommendations for the Commissions consideration (see Attachment X ).  

The consulting design team has analyzed the signs in relationship to other signs in the downtown, other centers in the region and best practices. The team has determined that the signs, as proposed are in keeping with the vision, design and quality of the vibrant entertainment district Downtown Brea has embraced.  While some of the sign features are outside of the explicit language found in the ACC (e.g.. moving signs are prohibited), the signs as proposed will maintain consistency and comparability for the district and can be supported by the intent of the ACC.  Staff is including conditions of approval to address concerns related to shielding light sources and brightness.  Additionally, placement of the signs are conditioned to ensure any architectural features of the buildings are not obscured and the signs fit the scale of the building. 

The design team also recommends, given the ACC was prepared more than 20 years ago, a revision with clarification, hierarchy of signs refreshed materials and creative design should be considered.  The purpose of the amendment will be to ensure future investment in the Downtown has more direction related to the current trends in the entertainment  ad shopping district while still allowing flexibility as the City moves forward.


Proposal for Alcohol Sales
The City of Brea allows businesses in the Mixed Use I zone to sell/serve alcohol with the approval of a Conditional Use Permit.  In 2011, this location was approved to serve beer and wine for on-site consumption under Conditional Use Permit No. CUP 11-02.    Ruby’s Diner is requesting to amend this approval to allow the sale and on-site consumption of beer, wine and spirits.  This review is to ensure the use is consistent and compatible with adjacent uses.  Should the CUP be approved, the applicant must also obtain a Type 47 On-sale Beer license from the State Office of Alcoholic Beverage Control (ABC).  

The sale and service of a beer, wine and spirits is consistent with the Downtown’s effort to provide entertainment opportunities with food and beverage service and is similar to several establishments in the Downtown including Macallans Public House, Yardhouse, Gyu-Kaku and Buffalo Wild Wings.  The proposed hours of operation are consistent with those of other businesses in the Downtown.  The request to amend the existing approval to sell alcohol is not anticipated to impact surrounding businesses or residents.  The proposed conditions of approval contained in the draft Resolution require the business operations to remain in compliance with all requirements of the Alcohol Beverage Control Department.  
ENVIRONMENTAL ASSESSMENT
The proposed project is exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to Section 15301 and 15311(a) of Title 14, Chapter 3, Article 19 of the California Code of Regulations.
RESPECTFULLY SUBMITTED
Jennifer A. Lilley, AICP, City Planner
 
  
Attachments
1. Technical Background
2. Vicinity Map
3. Public Hearing Notice
4. Draft Resolution
5. Proposed Sign Plans
6. Design Consultant Recommendations
7. Project Description Related to Alcohol Use
8. Plans

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