HomeMy WebLinkAboutPLN-11-00106 staff report
STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: JULY 6, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN-11-00106 (CONDITIONAL USE PERMIT): A REQUEST BY DOWNEY BREWING COMPANY TO MODIFY AN EXISTING APPROVAL OF A CONDITIONAL USE PERMIT FOR ALCOHOL SALES, TO ADD A TYPE 47 (ON-SALE
GENERAL FOR BONAFIDE EATING PLACE) LICENSE, WHILE ALSO MAINTAINING A TYPE 75 (ON-SALE GENERAL – BREWPUB) LICENSE IN EFFECT, AND TO ALTER THE HOURS OF PERMITTED LIVE ENTERTAINMENT, ON
PROPERTY ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) CEQA Staff has reviewed the proposed use in compliance with the California Environmental Quality Act (CEQA) Guidelines and determined
that it is categorically exempt from CEQA, pursuant to Guideline Section No. 15304(e) 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 of the California Environmental Quality Act. Exempt activities under Class 1 consist of
the operation, repair, maintenance, or minor alteration of existing structures or facilities not expanding existing uses. Staff feels that the extended hours of live entertainment and
the upgrade in alcohol license are negligible expansions of the business. 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-11-00106 (CONDITIONAL USE PERMIT): A REQUEST BY DOWNEY BREWING COMPANY TO MODIFY AN EXISTING APPROVAL OF A CONDITIONAL
USE PERMIT FOR ALCOHOL SALES, TO ADD A TYPE 47 (ON-SALE GENERAL FOR BONAFIDE EATING PLACE) LICENSE, WHILE ALSO MAINTAINING A TYPE 75 (ON-SALE GENERAL – BREWPUB) LICENSE IN EFFECT, AND
TO ALTER THE HOURS OF PERMITTED LIVE ENTERTAINMENT, ON PROPERTY ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
PLN-11-00106 (CUP) 10924 Paramount Blvd. July 6, 2011 -Page 2 CODE AUTHORITY The applicant is making their request pursuant to Municipal Code Section 9314.04, which requires approval
of a Conditional Use Permit for any live entertainment and alcohol sales. The Planning Commission’s authority to consider the requested Conditional Use Permit is set forth in Municipal
Code Section 9824.06 (Conditional Use Permits). SITE LOCATION 10924 Paramount Boulevard SITE DESCRIPTION 1. Property Information Site Location: 10924 Paramount Boulevard AIN No. 6251-038-013
2. Applicant Information Property Owners: Carico Investments, LLC Ricardo Vazquez, Sergio Vazquez 2266 Davie Avenue, Suite 101 Commerce, CA 90040 Representative: Sergio Vazquez Downey
Brewing Company 10924 Paramount Boulevard Downey Ca 90241 3. CEQA Determination: Categorical Exemption (Class 1, Existing Facilities) 4. Noticing Information: Applicant Notification:
June 2, 2011
PLN-11-00106 (CUP) 10924 Paramount Blvd. July 6, 2011 -Page 3 A. Surrounding Properties: Zone Use North DDSP (Downtown Downey Specific Plan) Creative Beginnings Infant and Toddlers Day
Care Center and Professional Offices East DDSP (Downtown Downey Specific Plan) Creative Beginnings and Multi-Family Residential West CP (Professional Offices) and DDSP (Downtown Downey
Specific Plan) Residential and Commercial Rives Mansion and Retail Developments South DDSP (Downtown Downey Specific Plan) Restaurant (Being remodeled) BACKGROUND On April 6, 2008, the
Planning Commission adopted Resolution No. 2526, and thereby approved Conditional Use Permit No. 08-29 to allow live entertainment and karaoke at the Nordic Fox Restaurant located at
10924 Paramount Boulevard. The current use, Downey Brewing Company, has conducted business at this location since September 17, 2008. Initially, Downey Brewing Company operated a full
sit-down restaurant with a Department of Alcoholic Beverage Control Type 41 (on sale beer and wine, eating establishment) alcohol license; however, on September 2, 2009, the Planning
Commission adopted Resolution No. 09-2596, which approved a revision to Conditional Use Permit No. 08-29. This decision permits the operation of the restaurant with live entertainment,
but it modifies the conditional use permit to allow the sale of alcohol with a Department of Alcoholic Beverage Control Type 75 (on-sale general -brewpub) license instead of the Type
41 license. By adopting Resolution No. 2526, the Planning Commission also extends the hours of live entertainment at Downey Brewing Company from 12:00 p.m. to 1:00 a.m. Sergio Vazquez,
the Applicant and owner of Downey Brewing Company, submitted a Land Use Application (PLN-11-00106) to request a change from a Type 41 license to a Type 47. His request is incorrect because
he no longer has a Type 41 license due to the Planning Commission’s previous approval of the revision to Conditional Use Permit No. 08-29. Nevertheless, staff recognizes that Mr. Vazquez
requests approval of a Type 47 (On-Sale General – Eating Place) license in addition to the Type 75 license he possesses. He also seeks the Planning Commission’s approval to extend the
hours of live entertainment at Downey Brewing Company from 12:00 p.m. to 1:00 a.m. by modifying Condition No. 8 of the Conditions of Approval for Conditional Use Permit No. 08-29.
PLN-11-00106 (CUP) 10924 Paramount Blvd. July 6, 2011 -Page 4 DISCUSSION Mr. Vazquez operates Downey Brewing Company under the auspices of the Type 75 license and under the guidelines
for the Type 41 license; even though that license is no longer valid since Conditional Use Permit No. 08-29 (Revision A) came into. The following Table describes the State of California
Department of Alcoholic Beverage Control describes these license types and their basic privileges. License Type Description 41 On-Sale General – Eating Place – (Restaurant) Authorizes
the sale of beer and wine for consumption on or the premises where sold. Distilled spirits may not be on the premises (except for brandy, rum, or liqueurs for use solely for cooking
purposes). 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. 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. 75 On Sale General
– Brewpub – (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing beer. Also authorizes the
sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the premises. Mr. Vazquez’ request for a Type 47 license would allow him to sell distilled
spirits in addition to the beer and wine he sells at the restaurant. A Type 41 license allows him to sell beer and wine only. Although the Type 75 allows him to sell distilled spirits,
Mr. Vazquez does not want to jeopardize this privilege because Downey Brewing Company does not brew beer on the premises as part of its operation. Mr. Vazquez’ request to extend the
hours of operation for live entertainment from 12:00 a.m. to 1:00 a.m. would allow his customers to enjoy the restaurant for an extra hour and improve its profitability. The Minutes
from the September 2, 2009 Planning Commission meeting reflect that the Planning Commission discussed various scheduled hours of operation for Downey Brewing Company and determined that
the restaurant shall be allowed to stay open every day of the
PLN-11-00106 (CUP) 10924 Paramount Blvd. July 6, 2011 -Page 5 week until 12 a.m. The Commissioners expressed that the restaurant shall be put on notice if complaints are filed and would
then be required to test that the noise decibels do not exceed 65 at the property’s boundaries. Over the last year, the City has not received noise complaints from residents or property
owners in the vicinity. The Planning Commission required Mr. Vazquez to complete certain tasks associated with the approval of Conditional Use Permit No. 08-29, Revision “A” within specific
times. Those tasks involved landscaping, providing a trash enclosure, legalizing a structure above the outdoor patio area, enclosing the patio area, resurfacing the parking lot, and
cleaning debris from storm drains. On April 6, 2011, the Planning Commission determined that Mr. Vazquez had completed all these tasks and thereby satisfied all of the conditions of
approval for Conditional Use Permit No. 08-29, Revision “A”. FINDINGS Section 9824.06 of the Downey Municipal Code (Conditions Necessary to Granting Conditional Use Permits) says that
before a conditional use permit may be granted, the Commission, or the Council on appeal, shall make a finding from the evidence as submitted that all four (4) of the following conditions
exist in reference to the property being considered: A. That the requested Conditional Use Permit will not adversely affect the intent and purpose of this article or the City’s General
Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof; Conditional Use Permit No. 08-29, Revision A, seeks to obtain a Type 47
alcohol license (On-Sale General – Eating Place) in addition to the Type 75 license that is in effect, and to extend the hours of live entertainment at Downey Brewing Company from 12:00
p.m. to 1:00 a.m. by modifying Condition No. 8 of the Conditions of Approval for Conditional Use Permit No. 08-29. The subject property is within the Paramount Boulevard District of
the Downtown Downtown Downey Specific Plan. Live entertainment and alcohol sales at the existing restaurant provide a convenience to those members of the public who wish to enjoy entertainment
with their meals. Live entertainment, coupled with a Type 47 alcohol license and a Type 75 alcohol license is consistent with the zoning and the General Plan and will not adversely affect
the purpose and intent of neither the General Plan, which seeks to promote the downtown area as a destination point for entertainment, dining, civic, and other activities. B. 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 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. Restaurants have occupied the subject site for more than thirty years
and prior approvals for alcohol sales and live entertainment have been issued at this location. The requested use will not affect neighboring land uses due to the nature of the use and
the manner in which the development housing the restaurant is oriented and designed. Furthermore, the conditions of approval will mitigate the potential noise impacts such that the business
will not be a burden onto others. These conditions are necessary to avoid any adverse affects on the adjoining properties.
PLN-11-00106 (CUP) 10924 Paramount Blvd. July 6, 2011 -Page 6 C. 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; That the size and shape of the site proposed for the use is adequate to allow the particular area, because the subject property has
been utilized as a full service restaurant for more than thirty years, with sufficient off-street parking in place. In addition, the square footage of the building is not being expanded.
D. 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. Paramount Boulevard serves the project site and it is classified as a Primary Arterial Highway on the City’s Master Plan of
Streets and Highways. The volume of traffic that the restaurant is estimated to generate will not burden the highway. The subject property has been in operation since 1984 and its traffic
volumes have not adversely impacted Paramount Blvd and Third Street. Paramount Blvd contains two lanes in each direction, which run directly across Third Street. It would be able to
absorb any additional traffic the requested use may create. CORRESPONDENCE As of the date that this report was printed, staff had not received any correspondence regarding this matter.
RECOMMENDATION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-11-00106, subject to the conditions of approval as stated in Exhibit
A of the Planning Commission Resolution. C:\Documents and Settings\wdavis\Local Settings\Temporary Internet Files\OLK215\Staff Report (7-6-11) (2).doc
PLN-11-00106 (CUP) 10924 Paramount Blvd. July 6, 2011 -Page 7 AERIAL PHOTOGRAPH ZONINGMAP SUBJECT PROPERTY SUBJECT PROPERTY
PLN-11-00106 (CUP) 10924 Paramount Blvd. July 6, 2011 -Page 8 SITE PHOTOGRAPH