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Home My WebLink About2 PLN-11-00103 STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: May 18, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN-11-00103 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW AN EXPANSION OF A TYPE 41 (OFF-SALE, BEER AND WINE, EATING PLACE) ABC LICENSE, TO INCLUDE THE PATIO AREA (1,300 SQ. FT.) OF THE MARKETPLACE GRILL AND CAFE LOCATED AT 7877 FLORENCE AVENUE, ZONED C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER). CEQA Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Class 1 consists of projects projects that involve no or negligible expansion of the existing use. RECOMMENDATION Staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN 11-00103 (CONDITIONAL USE PERMIT), ALLOWING AN EXPANSION OF A TYPE 41 (OFF-SALE, BEER AND WINE, EATING PLACE) ABC LICENSE, TO INCLUDE THE PATIO AREA (1,300 SQ. FT.) OF THE MARKETPLACE GRILL AND CAFE LOCATED AT 7877 FLORENCE AVENUE, ZONED C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER). CODE AUTHORITY The applicant’s authority to request this application is set forth in Downey Municipal Code Section 9314.04(a), Table 9.3.5, which lists “Restaurants, cafes, coffee establishments with alcohol sales”, as conditional uses. The Planning Commission’s authority to review and take action on this conditional use permit is set forth in the Downey Municipal Code Section 9824. PLN 11-00103 (CUP)-7877 Florence Avenue May 18, 2011 -Page 2 PROPERTY LOCATION 7877 Florence Boulevard SITE DESCRIPTION A. Subject Property: 1. Property Information: Site Location: 7877 Florence Avenue APN: 6360-012-009 2. Applicant Information: Property Owner: George Efstathiou The Courtyard Business Center 7857 Florence Avenue, Suite #100 Downey, CA 90240 CEQA Determination: Categorically Exempt, Class 1 (Existing Facilities) 4. Noticing Information: Property Notification: Required Action Date: May 9, 2011 July 11, 2011 PLN 11-00103 (CUP)-7877 Florence Avenue May 18, 2011 -Page 3 Surrounding Properties: Zone Use North R-3 & R-1 7,500 (Multi-family Residential & Single Family Residential) Condominiums and Single Family Residences West C-1 & R-1 7,500 (Neighborhood Commercial & Single Family Residential) Multi-tenant Office Building and Single Family Residences South C-1 & C-2 (Neighborhood Commercial & General Commercial) Multi-tenant Office/Commercial Building and Restaurants East C-2 (General Commercial) CVS Pharmacy B. Photograph of Subject Property: Subject Site – East View of Building Under Construction BACKGROUND The applicant, George Efstathiou, owns the subject property, located at the northwest corner of Tweedy Lane and Florence Avenue. It is defined by Dinsdale Street on the north, Tweedy Lane on the east and Florence Avenue on the south. Two zoning designations affect the subject property: the southerly 130 feet along Florence Avenue is zoned C-2 (General Commercial), while the northerly 130 feet is zoned P-B (Parking Buffer).The General Plan designation is GC (General Commercial). Two buildings exist on the property: a drive-through restaurant (Kentucky Fried Chicken) and a commercial building (formerly Payless Shoes), which the applicant is currently converting into a drive-thru restaurant. On December 2, 2009, the Planning Commission approved Site Plan Review No. 09-62 and Conditional Use Permit No. 09-63, for the architecture, colors, materials and landscaping for the conversion of an existing 3,367 sq. ft. commercial building into a restaurant with outdoor seating, and to allow a drive-thru. PLN 11-00103 (CUP)-7877 Florence Avenue May 18, 2011 -Page 4 On August 18, 2010 the Planning Commission approved PLN-10-08045 (CUP) allowing for a Type 41 (on sale beer & wine, eating place) alcohol license for the proposed restaurant at the subject site. DISCUSSION The applicant is requesting an expansion to his existing Type 41 (on sale beer & wine, eating place) alcohol license at the aforesaid new restaurant (the Marketplace Grill & Cafe) to allow for the serving of alcohol within in the proposed 1,300 sq. ft. exterior patio area. The Planning Commission previously limited the serving of alcohol to the confines of the interior of the restaurant only. The Planning Commission’s concern with the serving of alcohol outdoors was due to its proximity to the drive-thru lane of the restaurant. To mitigate this concern, staff has included a condition of approval requiring a 42-inch wall to enclose the outdoor seating area; the applicant had originally proposed a wall that varied in height from 18-inches to 42-inches in height. FINDINGS The following findings must be made to approve a Conditional Use Permit (Downey Municipal Code Section 9824.06): 1. That the requested conditional use permit will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The requested conditional use permit to allow an expansion of an existing Type 41 (On Sale Beer & Wine, Eating Place) alcohol license at a new restaurant (The Marketplace Grill & Café) will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood because the site, and adjacent properties, are developed as commercial uses and service the immediate neighborhood already. The approval of this conditional use permit will provide an additional convenience to patrons of the restaurant since it will allow for the sale of beer and wine in conjunction with the sale of meals. 2. That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The proposed conditional use permit will not adversely affect the adjoining land uses since the restaurant conforms to the C-2 zone development standards. The expansion of the alcohol license to allow the serving of alcohol within the patio area will compliment the dining experience at the proposed restaurant. Staff has proposed conditions of approval to enclose the patio area, to protect it from the drive-thru lane and to minimize improper or illegal contact with pedestrians. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The size and shape of the subject property is adequate to allow for the new restaurant in a manner not detrimental to the area since the proposed change does not include further expansion of the proposed building. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area because Florence Avenue is designated as a major arterial by the City’s General Plan. Florence is able to absorb any additional traffic this request may create. PLN 11-00103 (CUP)-7877 Florence Avenue May 18, 2011 -Page 5 CONCLUSION Staff recommends that the Planning Commission of the City of Downey approve PLN 11-00103 (Conditional Use Permit), allowing an expansion of a Type 41 (Off-Sale, Beer and Wine, Eating Place) ABC license, to include the patio area (1,300 sq. ft.) of the Marketplace Grill and Cafe located at 7877 Florence Avenue, zoned C-2 (General Commercial) and P-B (Parking Buffer).