HomeMy WebLinkAbout2. PLN-12-00199 - 7931 FirestoneSTAFF REPORT
DATE: OCTOBER 3, 2012
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN -12 -00199 (CONDITIONAL USE PERMIT) — A REQUEST TO ALLOW THE
EXPANSION OF THE LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT
THAT OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47
LICENSE, ON PROPERTY LOCATED AT 7931 FIRESTONE BOULEVARD,
ZONED C -2 (GENERAL 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 expansion of live entertainment activities at an
existing 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 -12 -00199 (CONDITIONAL USE PERMIT), ALLOWING THE EXPANSION OF THE LIVE
ENTERTAINMENT TO INCLUDE DISC JOCKEY, LIVE BAND, KARAOKE, AND DANCING AT
AN EXISTING RESTAURANT (VASILIO'S RESTAURANT & BAR) THAT OPERATES WITH AN
ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON -SALE GENERAL, EATING PLACE)
LICENSE, ON PROPERTY LOCATED AT 7931 FIRESTONE BOULEVARD, ZONED C -2
(GENERAL COMMERCIAL).
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, and coffee establishments
with alcohol sales and live entertainment, subject to the approval of a conditional use permit.
The Planning Commission's authority to consider the request is set forth in the Downey
Municipal Code Section 9824 (Conditional Use Permit).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
7931 Firestone Boulevard
SITE DESCRIPTION
A. Subject Property:
1. Property Information
Site Location: 7931 Firestone Blvd
AIN:6251- 017 -014
2. Applicant Information
Property Owner: Eduardo Chantre
7931 Firestone Blvd
Downey, CA 90241
Business Owner: Jose V. Correa
Vasilio's Restaurant & Bar
7931 Firestone Blvd
Downey, CA 90241
3. CEQA Determination: Categorical Exemption (Class 1)
4. Noticing Information
Applicant Notification: September 5, 2012
Required Action Date: November 4, 2012
B.
Surrounding Properties:
PLN-1 2-00199 (CUP) — 7931 Firestone Blvd
October 3, 2012 - Page 2
Zone
Use
North
R -3 (Multiple Family Residential)
Apartment buildings
West
C -2 (General Commercial)
Used car dealership
South
C -2 (General Commercial)
Auto repair and offices
East
C -2 (General Commercial)
Norms restaurant
PLN-1 2-00199 (CUP) — 7931 Firestone Blvd
October 3, 2012 - Page 2
C. Photograph of Subject Property:
BACKGROUND
Mr. Jose Correa, the owner of Vasilio's Restaurant & Bar, requests approval of a conditional use
permit application, to allow the expansion of the live entertainment activities and the sale of
alcohol beverages at his existing restaurant located at 7931 Firestone Boulevard. The subject
site is a 24,569 square foot parcel that is located on the north side of Firestone Boulevard,
between Paramount Boulevard and Rives Avenue. The site is zoned C -2 (General Commercial)
with a General Plan Land Use Designation of "General Commercial ". The subject restaurant is
occupied within a 3,877 square foot single -story building with customer parking to the north and
west sides of the restaurant.
On July 23, 2012, Mr. Correa submitted a Land Use Permit Application for PLN -12 -00199
(Conditional Use Permit). After a careful review of the proposal, staff deemed the application
complete on September 5, 2012. On September 21, 2012, 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.
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In February 1997, the Downey Police Department issued an entertainment permit to the
operations of Vasilio's Restaurant & Bar, with conditions of approval for that use. Currently, live
entertainment at Vasilio's Restaurant & Bar includes musicians, karaoke, and dancing. The
entertainment permit also conditions the sale of alcoholic beverages on the premises. Under
this application, Mr. Correa seeks to expand the live entertainment aspect of the restaurant.
Pursuant to Section 9314.04(a), Table 9.3.5 of the Downey Municipal Code, the sale of alcoholic
beverages with live entertainment requires approval of a conditional use permit by the Planning
Commission. This was not the case in 1997; therefore, Vasilio's has operated as a nonconforming
use since the Zoning Code was adopted in 2008. Mr. Correa seeks approval of PLN -12 -00199
(Conditional Use Permit), because he wants to expand the live entertainment aspect of the
restaurant. According to Mr. Correa, the requested conditional use permit will allow the expansion
of the existing nonconforming live entertainment to include a disc jockey, live band, and the
operation of a Type 47 (On -Sale General, Eating Place) Alcohol Beverage Control license in
compliance with the current Code requirements. Mr. Correa stated that the request would allow
PLN-1 2-00199 (CUP) — 7931 Firestone Blvd
October 3, 2012 - Page 3
Subject Site - View from Firestone Blvd
the restaurant to 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.
The restaurant proposes to open seven (7) days a week, from 12 noon to 3 a.m. Though, live
entertainment activities and the sale of alcoholic beverages will cease at 2 a.m. This allows patrons
to finish their drinks, meals, and leave the premises by closing times.
In evaluating the application, staff supports the request for the expansion of live entertainment with
the operation of a Type -47 license, but staff has concerns about potential noise generated from the
establishment and the impacts of that noise upon the adjoining residential property to the north.
Because the subject site is within a 100 feet of residential properties, staff has recommended
conditions of approval that require the rear doors at the north and west sides of the restaurant, to
remain closed at all times and that no go -go dancers are allowed.
FINDINGS
Staff has reviewed the proposal and has developed the following findings for the approval of the
PLN -12 -00199 (Conditional Use Permit):
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 and
live entertainment at the existing Vasilio's Restaurant & Bar 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 a commercial use and it serves 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 -2 zone development standards. The alcohol license and live
entertainment activities will compliment the proposed restaurant and surrounding commercial
uses along Firestone Boulevard 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 restaurant 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 Firestone
Boulevard is designated as a major arterial by the City's General Plan. Firestone 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.
PLN-1 2-00199 (CUP) — 7931 Firestone Blvd
October 3, 2012 - Page 4
CORRESPONDENCE
On September 27, 2012, staff received written correspondences from residences to the north of
subject property voicing opposition to the proposed application, citing concerns regarding noise
generating from the establishment.
CONCLUSION
Staff recommends that the Planning Commission adopt resolution approving PLN -12 -00199
(Conditional Use Permit), thereby allowing the expansion of the existing live entertainment to
include dancing, disc jockey, karaoke, live band, and the operation of a Type 47 (On -Sale General.
Eating Place) alcohol license at the existing restaurant (Vasilio's Restaurant & Bar), subject to the
conditions of approval.
PLN-1 2-00199 (CUP) — 7931 Firestone Blvd
October 3, 2012 - Page 5
September 23, 2012
Ronald Solozano
79342 n1 Street
Downey. CA 90241
City Of Downey Planning Commission
I/c Mr. Kevin Nguyen
City of Downey
1 1 11 1 Brookshire Ave
Downey. CA 90241
Re: PLN -12 -00199
Conditional Use Permit
Dear City of Downey Planning Commission:
RECEIVED
SEP 2 7 2012
PLANNING
1 do not agree in allowing Vasillio's Restaurant & Bar to obtain a conditional use permit. I
live in back of this business and have complained to the city on several occasions about the noise
and fights at this property. Granting them this permit would only make matters worse for the
residents that live nearby.
Vasillio's should ONLY he allowed to operate as a restaurant and not as a disruptive night
club. Please decline their conditional use permit application and grant us peace and quite again.
Tha�ou.
Ronald Soloza:
September 23, 2012
Teresita Lugo
7934 2 " Street
Downey, CA 90241
City Of Downey Planning Commission
1/c Mr. Kevin Nguyen
City of Downey
1 1 111 Brookshire Ave
Downey. CA 90241
Re: PLN -12 -00199
Conditional l se Permit
Dear City of Downey Planning Commission:
RECEIVED
SEP 2 7 2012
PLANNING
I do not agree in allowing Vasillio's Restaurant & Bar to obtain a conditional use permit. 1
live in back of this business and have complained to the city on several occasions about the noise
and fights at this property. Granting them this permit would only make matters worse for the
residents that live nearby.
Vasillio's should ONLY be allowed to operate as a restaurant and not as a disruptive night
club. Please decline their conditional use pen application and grant us peace and quite again.
Thank you
T esita ugcL �
September 24. 2012
Esther Diaz
7934 2 " Street
Downey, CA 90241
Mr. Kevin Nguyen
City of Downey
1 1 1 1 1 Brookshire Ave
Downey, CA 90241
Re: PLN -12 -00199
Conditional Use Permit
Dear Mr. Nguyen:
R ECEIVE D
SEP
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P, A /V/V//VG
1 would like to file a formal protest against issuing a conditional use permit for Vasillio's
Restaurant & Bar. I live in back of this restaurant and hax e constantly had to call the police
department to complain about the noise. bottles thrown over my wall. fist fights and other items
that take away from my right to enjoy my home.
This business has been disruptive for mane years and has yet to shoti it can control it's
customers or be a good neighbor. 1 strongly urge the planning commission to decline their
conditional use permit application and not make matters worse for us.
Thank you very much for your time and consideration.
Respectfully. -
Esther Diaz
September 23, 2012
Cesar E. Arias
7934 2 "' Street
Downey, CA 90241
Mr. Kevin Nguyen
City of Downey
11111 Brookshire Ave
Downey, CA 90241
Re: PLN -12 -00199
Conditional Use Permit
Dear Mr. Nguyen:
RECEIVED
SEP 2 7 2012
PLANNING
I would like to file a formal protest against issuing a conditional use permit for Vasillio's
Restaurant & Bar. I live in back of this restaurant and ha%c constantly had to call the police
department to complain about the noise. bottles thrown over my wall. fist fights and other items
that take away from my right to enjoy my home.
This business has been disruptive for many years and has vet to shou it can control it's
customers or be a good neighbor. I strongly urge the planning commission to decline their
conditional use pennit application and not make matters worse for us.
Thank you very much for your time and consideration.
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Subject Property
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R1 -5,000 — Single - Family Residential
R3 — Multi - Family Residential
C2 — General Commercial
EXHIBIT No. 1 ZONING MAP
PROJECT No. PLN -12 -00199 (CUP)
PROJECT LOCATION 7931 FIRESTONE BLVD
0
HORTH
CITY OF DOWNEY
PLANNING DIVISION
C MAC
EXHIBIT No. 2 AERIAL PHOTOGRAPH
PROJECT No. PLN -12 -00199 (CUP)
PROJECT LOCATION 7931 FIRESTONE BLVD
0
HORTH
CITY OF DOWNEY
PLANNING DIVISION
RESOLUTION NO. 12-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -12 -00199 (CONDITIONAL USE PERMIT), ALLOWING THE
EXPANSION OF THE LIVE ENTERTAINMENT TO INCLUDE DISC JOCKEY, LIVE
BAND, KARAOKE, AND DANCING AT AN EXISTING RESTAURANT (VASILIO'S
RESTAURANT & BAR) THAT OPERATES WITH AN ALCOHOLIC BEVERAGE
CONTROL TYPE 47 (ON -SALE GENERAL, EATING PLACE) LICENSE, ON
PROPERTY LOCATED AT 7931 FIRESTONE BOULEVARD, ZONED C -2 (GENERAL
COMMERCIAL)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find, determine
and declare that:
A. An application was filed by Mr. Jose Correa (hereinafter "applicant ") requesting
Planning Commission approval of PLN -12 -00199 (Conditional Use Permit), to allow
live entertainment and the operation of a Type 47 (On -Sale General, Eating Place)
alcohol license at the existing restaurant (Vasilio's Restaurant & Bar) located 7931
Firestone Boulevard, and zoned C -2 (General Commercial); and
B. On September 21, 2012, 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; and
C. The Planning Commission held a duly noticed public hearing on October 3, 2012
and, after fully considering all oral and written testimony and facts and opinions
offered at aforesaid public hearings, adopted Resolution No. 12- subject to
conditions of approval (Exhibit A).
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to be
in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt
from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities).
SECTION 3. Having considered all of the oral and written evidence presented to it at said
public hearings, the Planning Commission further finds, determines and declares that:
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 and live entertainment at the
existing restaurant (Vasilio's Restaurant & Bar) 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 a commercial use and it serves 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.
Resolution No. 12-
Downey Planning Commission
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 -2 zone development
standards. The alcohol license and live entertainment activities will compliment the
proposed restaurant and surrounding commercial uses along Firestone Boulevard
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 restaurant
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 Firestone Boulevard is designated as a major arterial by the
City's General Plan. Firestone 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.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution,
the Planning Commission of the City of Downey hereby approves PLN -12 -00199 (Conditional Use
Permit), subject to conditions of approval attached hereto as Exhibit A, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3 rd day of October, 2012.
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
Planning Commission of the City of Downey at a regular meeting thereof held on the 3 r ` I day of
October, 2012, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
PLN 12 -00199 (CUP) —7931 Firestone Blvd
October 3, 2012 — Page 2
Resolution No. 12-
Downey Planning Commission
PLN -12 -00199 (CONDITIONAL USE PERMIT)
EXHIBIT A — CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN -12 -00199 (Conditional Use Permit), allows the expansion of live
entertainment in the form of musicians to include karaoke, dancing, disc jockey, live band,
and the operation of a Type 47 (On -Sale General, Eating Place) Alcohol Beverage Control
license, at the existing restaurant located at 7931 Firestone Boulevard. Go -go dancers
will not be permitted at any times.
2) The restaurant's hours of operation are Monday though Sunday, 12 noon — 3:00 a.m. with
the sale of alcoholic beverages and live entertainment activities to stop at 2:00 a.m.
3) The owner /applicant shall not permit any loitering on the subject site.
4) Customers shall not be within the business after the specified closing time.
5) The sale of alcohol shall be incidental to the sale of food within the dining area.
6) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
City Planner, the applicant shall provide evidence that the gross sales of food exceed 50%
the gross sale of alcohol.
7) Approval of this Conditional Use Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of the
City of Downey Municipal Code shall apply.
8) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
9) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
10) The parking lot shall be equipped with lighting of sufficient power to illuminate and make
easily discernable the appearance and conduct of all persons on or about the parking lot.
However, parking lot lighting shall be shielded, directed, and /or positioned as to not
illuminate adjoining properties or right -of -ways.
11) The Applicant shall comply with all conditions of PLN -12 -00199 (Conditional Use Permit)
before this Conditional Use Permit becomes valid.
12) If proposed, all roof - mounted mechanical equipment shall be screened from public view.
The working drawings shall include a cross - section detail to illustrate that the height of the
building parapet is sufficient to screen all roof - mounted equipment from the view of
adjoining streets and neighboring properties.
13) All signs shall comply with Chapter 6 of Article IX of the Downey Municipal Code.
PLN 12 -00199 (CUP) — 7931 Firestone Blvd
October 3, 2012 — Page 3
Resolution No. 12-
Downey Planning Commission
14) All promotions of the business shall be conducted under direct control of the business
owner. There shall be no outside promoters of live entertainment or night club activity at
any time.
15) The Owner /Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void or
annul the approval of this resolution, to challenge the determination made by City under
the California Environmental Quality Act or to challenge the reasonableness, legality or
validity of any condition attached hereto. City shall promptly notify Applicant of any such
claim, action or proceeding to which City receives notice, and City will cooperate fully with
Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and
attorney's fees that the City may be required to pay as a result of any such claim, action or
proceeding. City may, in its sole discretion, participate in the defense of any such claim,
action or proceeding, but such participation shall not relieve Applicant of the obligations of
this condition.
BUILDING
16) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
17) Prior to the commencement of construction, the applicant /owner shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit final
prior to beginning operation of the site.
FIRE
18) Plans to be submitted through Building and Safety and shall comply with 2010 California
Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
19) If applicable, the applicant /owner shall install a Knox® Rapid Entry System for the new
building.
20) If applicable, the applicant /owner shall install an approved Automatic Fire Extinguishing
System throughout.
POLICE
21) Prior to occupy the building, the owner /applicant shall obtain any and all required Police
Department permits for this Conditional Use Permit.
22) A copy of this conditional use permit and any Police permit shall be prominently posted on
the premises at all times. The applicant shall make available said copies upon request by
any Police Officer or other City official charged with the enforcement of the City's laws,
ordinances, or regulations.
PLN 12 -00199 (CUP) — 7931 Firestone Blvd
October 3, 2012 — Page 4
Resolution No. 12-
Downey Planning Commission
23) Signs shall be posted at all entrances to the premises and business identifying a zero -
tolerance policy for nuisance behavior at the premises (including the parking lot).
24) The owner /applicant shall provide three (3) licensed and bonded, uniformed patrolmen or
security guards at such times as determined by, and in consultation with, the Chief of
Police. The number of security guards may be increased or decreased as the Chief of
Police determines is necessary.
25) Payment for beverage services shall be made only after such services have been provided
to the patrons by the business.
26) The owner /applicant shall comply with and strictly adhere to all conditions of any permit
issued by the Alcohol Beverage Control ( "ABC') to the applicant and any applicable
regulations of ABC.
PLN 12 -00199 (CUP) — 7931 Firestone Blvd
October 3, 2012 — Page 5