HomeMy WebLinkAbout3. PLN-10-08149, 11402 Old River School Road
STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: July 20, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE
PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 08-04, REVISION B (PLN-10-08149) – A SIX MONTH REVIEW FOR COMPLIANCE WITH THE CONDITIONS OF APPROVAL FOR LIVE ENTERTAINMENT AT AN EXISTING
RESTAURANT (HABANA CAFÉ) WITH ALCOHOL SALES (TYPE 47, ON-SALE GENERAL EATING PLACE) LOCATED AT 11402 OLD RIVER SCHOOL ROAD, ZONED C-2 (GENERAL COMMERCIAL). CEQA Staff reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff determined this request is categorically exempt from CEQA, pursuant
to Guideline Section No. 15301 (Class 1, Existing Facilities). CODE AUTHORIZATION Section 9314.04 of the Downey Municipal Code requires a conditional use permit for restaurants, cafes,
and coffee establishments with alcohol sales and live entertainment. The Planning Commission’s authority to consider conditional use permit applications is set forth in Section 9802
of the Code. SITE LOCATION 11402 Old River School Rd.
CUP No. 08-04, Revision B, 2nd 6 Month Review – 11402 Old River School Road July 20, 2011 -Page 2 SITE DESCRIPTION A. Subject Property 1. Property Information Site Location: 11402 Old
River School Road APN: 6248-003-025 2. Applicant Information Property Owner: Business Representative: Livingston Trust c/o: Duane Alstrom 39687 Old Arena Drive Tucson, Arizona 85739
Blanca Melendez 9829 Newville Street Downey, CA 90240 3. CEQA Determination: Categorical Exemption (Class 1) B. Surrounding Properties Zone Use North C2 – General Commercial Commercial
buildings East R1-5000 – Single-Family Residential Single family residences South C2 – General Commercial Apartment complex West C2 – General Commercial Commercial buildings C. Photograph
of Subject Site Northwest View of Habana Café Restaurant
CUP No. 08-04, Revision B, 2nd 6 Month Review – 11402 Old River School Road July 20, 2011 -Page 3 BACKGROUND On April 16, 2008, the Planning Commission approved Conditional Use Permit
No. 08-04, to permit an expansion to an existing liquor license from a Type 41 to Type 47 and to include a full bar area within the Habana Café Restaurant. On December 17, 2008, the
Planning Commission approved Conditional Use Permit No. 08-04, Revision A, allowing the previously approved bar area to be relocated to the rear of the restaurant. On September 16, 2009
the Planning Commission approved Conditional Use Permit No. 08-04, Revision B allowing live entertainment within the existing restaurant, but required that the applicant return for a
review of the use and the conditions of approval. Finally, on January 5, 2011 the Planning Commission completed a 6-month review of the use and continued Conditional Use Permit No. 08-04,
Revision B (PLN-10-08149) for an additional six months time, for the property owner to complete repairs to the existing parking lot as required by Condition No. 16 of Resolution 09-2599.
DISCUSSION Staff recently inspected the subject site and has found that the parking lot has not been improved. The property owner, Mr. Duane Alstrom, has communicated to staff that he
obtained several bids to repair the concrete flowline, and grind, overlay, seal and stripe the entire lot, at a cost averaging $55,000. He has been unable to secure a loan to complete
the necessary upgrades to the subject property. RECOMMENDATION Nearly two years have passed since the Planning Commission approved CUP No. 08-04, Revision B, yet Mr. Alstrom has failed
to repair the parking lot. Staff finds that the parking lot constitutes a public nuisance as defined by Downey Municipal Code Section 5902, which reads as follows: The City Council finds
and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or suffer, or permit others to maintain, real property or premises in the City
in such a manner that […] Land, the topography, geology or configuration of which whether in natural state or as a result of the grading operations, excavation or fill, causes erosion,
subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties. As such,
Staff recommends the Planning Commission forward said violation to the Code Enforcement Division to find a resolution to this matter given that the property owner has been unable to
make the required improvements as part of the approval for CUP No. 08-04, Revision B (PLN-10-08149). Staff does not recommend that the Commission begin revocation proceedings for CUP
No. 08-04, Revision B (PLN-10-08149) at this time, since staff believes a resolution can be sought out through code enforcement.