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HomeMy WebLinkAboutPLN-11-00091 sr STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: JUNE 15, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN 11-00091 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW THE SALE OF ALCOHOL BEVERAGES (TYPE 47 – ON SALE GENERAL, EATING PLACE) AT A NEW RESTAURANT (FORMERLY SALVATORE’S) LOCATED AT 12056 PARAMOUNT BOULEVARD, ZONED C-1 (NEIGHBORHOOD COMMERCIAL). CEQA Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been 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 that involve no or negligible expansion of the existing use. It is staff’s opinion the proposed sale of alcohol beverages at a new restaurant will not have a significant effect on the environment; thereby qualifying for the Class 1 exemption. 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-11-00091 (CONDITIONAL USE PERMIT), ALLOWING A TYPE 47 (ON-SALE GENERAL, EATING PLACE) ALCOHOL LICENSE AT A NEW RESTAURANT (FORMERLY SALVATORE’S) LOCATED 12056 PARAMOUNT BOULEVARD, ZONED C-1 (NEIGHBORHOOD COMMERCIAL). CODE AUTHORITY The applicant is making their request pursuant to the provision of Downey Municipal Code Section 9314.04(a), Table 9.3.5, which allows restaurants, cafes, coffee establishments with alcohol sales, subject to the approval of a conditional use permit. The Planning Commission’s authority to consider the request is set forth in Municipal Code Section 9824 (Conditional Use Permit). PLN 11-00091 (CUP) – 12056 Paramount Blvd June 15, 2011 -Page 2 SITE LOCATION 12056 Paramount Boulevard SITE DESCRIPTION A. Subject Property: 1. Property Information Site Location: 12056 Paramount Blvd AIN: 6259-004-041 2. Applicant Information Property Owner: Business Owner: Chad J. Dohrman Dohrman Construction Inc. 711 E. Imperial Hwy., Suite 200 Brea, CA 92821 Agostino Costa Café Corleone 15337 Paramount Blvd, Paramount, CA 90723 3. CEQA Determination: Categorical Exemption (Class 1) 4. Noticing Information Applicant Notification: Required Action Date: May 11, 2011 July 10, 2011 B. Surrounding Properties: Zone Use North C-1 (Neighborhood Commercial) Multi-tenant retail uses West C-1 (Neighborhood Commercial) Multi-tenant retail uses South C-1 (Neighborhood Commercial) Multi-tenant retail uses East R-1 5,000 (Single Family Residential) Single family homes PLN 11-00091 (CUP) – 12056 Paramount Blvd June 15, 2011 -Page 3 C. Aerial Photograph of Subject Property: Subject Site – Renovations are currently under Plan Check review BACKGROUND The owner of the subject property, Chad Dohrman, requests approval of a conditional use permit application, to allow the sale of alcohol beverages for a new restaurant at 12056 Paramount Boulevard. The subject site is a 17,800 square foot parcel that is located on the east side of Paramount Boulevard, between Albia Street and Cole Street. The site is zoned C-1 (Neighborhood Commercial) with a General Plan Land Use Designation of “Office”. It is currently developed with a 3,345 square foot restaurant, which has been vacant for several months. Parking for this site is located to the east and west sides of the building. On April 13, 2011, Mr. Dohman submitted an application for PLN-11-00091 (Conditional Use Permit). Staff completed a review of the application on May 11, 2011, and deemed the application complete. On June 3, 2011, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot. DISCUSSION/ANALYSIS Pursuant to Section 9314.04(a), Table 9.3.5, the sale of alcoholic beverages requires approval of a conditional use permit by the Planning Commission. According to the applicant, the requested conditional use permit to operate a new restaurant with a Type 47 (On-Sale General, Eating Place) Alcohol Beverage Control license would allow the restaurant to improve the business further and increase its sales revenues significantly. However, the gross sales of alcohol shall not exceed the gross sales of food and the applicant may be required to provide evidence that the gross sales of food exceed 50% the gross sale of alcohol. It is important to mention that the subject site is zoned C-1 and Downey Municipal Code prohibits banquet, bar, and night club activities at all times. The restaurant proposes to close at 12:00 a.m., Friday through Sunday and at 11:00 a.m., Monday through Thursday. As such, staff suggests the sales of alcoholic beverages should be ceased one (1) hour before the restaurant closes. This allows patrons to finish their drinks and leave the premises by closing times. It is important to note that no additional square footage will be added to the building and no alcohol beverages will be served outdoors. In addition, staff recommends that the trash enclosure be located closer to the restaurant building rather than at the proposed location, which is adjacent to the residential area. PLN 11-00091 (CUP) – 12056 Paramount Blvd June 15, 2011 -Page 4 FINDINGS Staff has reviewed the proposal and has developed the following findings for the approval of the PLN-11-00091 (Conditional Use Permit): 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 a Type 47 (On-Sale General, Eating Place) alcohol license at the new restaurant (formerly Salvatore’s) 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 is developed as commercial use 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 proposed use generally conforms to its C-1 zone development standards. The alcohol license will compliment the proposed restaurant and surrounding commercial uses and will serve the public with a use that previously allowed at the site. 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 generally 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 existing 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 Paramount Boulevard is designated as a major arterial by the City’s General Plan. Paramount Boulevard is able to absorb any additional traffic this request may create, although staff does not foresee a significant traffic increase since the building and parking areas already exist. CORRESPONDENCE As of the date that this report was printed, staff had not received any correspondence regarding this matter. CONCLUSION Staff recommends that the Planning Commission adopt resolution approving PLN-11-00091 (Conditional Use Permit), allowing a Type 47 (On-Sale General, Eating Place) alcohol license at a new restaurant (formerly Salvatore’s), subject to the conditions of approval.