HomeMy WebLinkAbout4. PLN-12-00215- 8832 Imperial HwySTAFF REPORT
DATE: OCTOBER 3, 2012
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-12-00215 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW A
NEW BAR TO OPERATE WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE
48 LICENSE, ON PROPERTY LOCATED AT 8832 IMPERIAL HIGHWAY,
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 Sect ion 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 casual bar with the operation of an Alcoholic
Beverage Control Type 48 (On-sale General, Public Premises) license 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-12-00215 (CONDITIONAL USE PERMIT), ALLOWING A NEW BAR TO OPERATE WITH
AN ALCOHOLIC BEVERAGE CONTROL TYPE 48 (ON-SALE GENERAL, PUBLIC PREMISES)
LICENSE, ON PROPERTY LOCATED AT 8832 IMPERIAL HIGHWAY, ZONED C-2
(GENERAL 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 bars and night clubs with alcohol sales in the C-2
(General Commercial) zone, 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
8832 Imperial Highway
SITE DESCRIPTION
A. Subject Property:
1. Property Information
Site Location: 7931 Firestone Blvd
AIN: 6251-017-014
2. Applicant Information
Property Owner: David Gonsalves
Westprop LLC
8818 Imperial Highway
Downey, CA 90242
Luis Gomez
Business Owner:
The Wet Bar
P. O. Box 1051
Downey, CA 90240
3. CEQA Determination: Categorical Exemption (Class 1)
4. Noticing Information
Applicant Notification: September 14, 2012
Required Action Date: November 13, 2012
B. Surrounding Properties:
Zone Use
North C-2 (General Commercial) Retails & Services
West C-2 (General Commercial) Retails & Services
South R-3-O (Multi-Family Residential-Ownership) Condominium Buildings
East C-2 (General Commercial) Service Station
PLN-12-00215 (CUP) – 8832 Imperial Hwy
October 3, 2012 - Page 2
C. Photograph of Subject Property:
Subject Business – View from Imperial Highway
BACKGROUND
Luis Gomez, the owner of the “Wet Bar”, requests approval of a conditional use permit
application, to allow a new casual bar to operate with an Alcoholic Beverage Control Type 48
(On-Sale General, Public Premises) license, on property located at 7931 Firestone Boulevard.
The subject site is a 68,000 square foot parcel that is located on the southwest corner of
Imperial Highway and Lakewood Boulevard. The site is zoned C-2 (General Commercial) with a
General Plan Land Use Designation of “General Commercial”. The subject bar will occupy a 1,815
square foot space that is located at the east end of the building. Customer parking will be to the
north and east sides of the bar.
On August 17, 2012, Mr. Gomez submitted a Land Use Permit Application for PLN-12-00215
(Conditional Use Permit). After a careful review of the proposal, staff deemed the application
complete on September 14, 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.
DISCUSSION/ANALYSIS
Pursuant to Section 9314.04(a), Table 9.3.5 of the Downey Municipal Code, the sale of alcoholic
beverages and the operation of a bar require approval of a conditional use permit by the Planning
Commission. According to the applicant, the requested Alcoholic Beverage Control Type 48
license will allow the casual bar to offer alcohol beverages to patrons above the age of 21 years
old. Furthermore, the applicant hopes that adding a new casual bar to the area would provide a
lively environment and improve the aesthetics of the commercial center. The applicant has stated
that he intends to provide upper-scale interior designs to enhance the atmosphere of the bar. One
of many improvements includes a rock waterfall feature located right at the reception area
facing the entrance. This provides a pleasant and attractive appearance for the business.
The new bar proposes to open seven (7) days a week, from 12 noon to 2 a.m. As such, staff
suggests the sales of alcoholic beverages should cease one (1) hour before the bar closes. This
allows patrons to finish their drinks and leave the premises by closing time.
PLN-12-00215 (CUP) – 8832 Imperial Hwy
October 3, 2012 - Page 3
In observing the subject site and its surrounding area, staff notices there is at least one bar, a
restaurant and a grocery store that are operating with Alcoholic Beverage Control (ABC) licenses.
Staff believes approving another ABC license at the subject site would allow the applicant an
opportunity to revitalize the commercial center.
After carefully reviewing the application and working with the Downey Police Department to
consider the request, staff is able to make the required findings to support the application.
However, staff has concerns about potential noise generated from the establishment and the
impacts of that noise upon the adjoining residential property to the south. Because the subject
business is within 100 feet of residential properties, staff has recommended conditions of approval
(see attached “Exhibit A” of the Resolution) to ensure the bar will be operated within the designated
guidelines and regulations.
FINDINGS
Staff has reviewed the proposal and has developed the following findings for the approval of the
PLN-12-00215 (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
The requested
welfare of persons residing or working in the neighborhood thereof.
conditional use permit to allow a Type 48 (On-sale General, Public Premises) alcohol license
and a casual bar (the Wet 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 commercial use and service the
immediate neighborhood already. The subject property is zoned C-2 (General Commercial)
with a General Plan Land Use Designation of “General Commercial”. A casual bar operating
with a Type 48 alcohol license is consistent with the C-2 zoning and the General Plan. Approval
of this conditional use permit will provide an additional convenience to patrons of the bar since
it will allow the on-site consumption of beer and wine. The sale of meals is not allowed.
2.
That the requested use will not adversely affect the adjoining land uses and the growth
The proposed
and development of the area in which it is proposed to be located.
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 establishment of a bar with
the operation of an alcohol license will provide a lively environment at the commercial center
and surrounding the commercial uses along Imperial Highway and will serve the public with a
use that never allowed at the site. In addition, the conditions of approval for the requested
conditional use permit will lessen impacts relating to noise and loitering.
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 casual
bar 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 traffic generated by the proposed use will not
the streets and highways in the area.
impose an undue burden upon the streets and highways in the area because Imperial Highway
and Lakewood Boulevard are designated as major arterials by the City’s General Plan.
PLN-12-00215 (CUP) – 8832 Imperial Hwy
October 3, 2012 - Page 4
Imperial Highway 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 has not received any correspondence regarding
this matter.
CONCLUSION
Staff recommends that the Planning Commission adopt a resolution approving PLN-12-00215
(Conditional Use Permit), allowing a new casual bar (The Wet Bar) to operate with an Alcoholic
Beverage Control Type 48 license (On-Sale General, Public Premises), subject to the conditions of
approval.
PLN-12-00215 (CUP) – 8832 Imperial Hwy
October 3, 2012 - Page 5
RESOLUTION NO. 12-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-12-00215 (CONDITIONAL USE PERMIT), ALLOWING A NEW BAR
TO OPERATE WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 48 (ON-SALE
GENERAL, PUBLIC PREMISES) LICENSE, ON PROPERTY LOCATED AT 8832
IMPERIAL HIGHWAY, 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. Luis Gomez (hereinafter "applicant") requesting
Planning Commission approval of PLN-12-00215 (Conditional Use Permit), to allow
a new bar (the Wet Bar) and the operation of a Type 48 (On-Sale General, Public
Premises) alcohol license, on property located 8832 Imperial Highway, 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 developm ent 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:
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
The requested conditional use permit to allow a Type 48
neighborhood thereof.
(On-sale General, Public Premises) alcohol license and a casual bar (the Wet 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 commercial use and service
the immediate neighborhood already. The subject property is zoned C-2 (General
Commercial) with a General Plan Land Use Designation of “General Commercial”.
A casual bar operating with a Type 48 alcohol license is consistent with the C-2
zoning and the General Plan. Approval of this conditional use permit will provide an
additional convenience to patrons of the bar since it will allow the on-site
consumption of beer and wine. The sale of meals is not allowed.
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 establishment of a bar with the operation of an alcohol license will
provide a lively environment at the commercial center and surrounding the
commercial uses along Imperial Highway and will serve the public with a use that
never allowed at the site. In addition, the conditions of approval for the requested
conditional use permit will lessen impacts relating to noise and loitering.
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
The size and shape of the subject property is generally adequate
particular area.
to allow for the new casual bar 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
The traffic generated by the
burden upon the streets and highways in the area.
proposed use will not impose an undue burden upon the streets and highways in
the area because Imperial Highway and Lakewood Boulevard are designated as
major arterials by the City’s General Plan. Imperial Highway 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.
rd
PASSED, APPROVED AND ADOPTED this 3
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
rd
Planning Commission of the City of Downey at a regular meeting thereof held on the 3 day of
October, 2012, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
Theresa Donahue, Secretary
PLN 12-00215 (CUP) – 8832 Imperial Hwy
October 3, 2012 – Page 2
Resolution No. 12-______
Downey Planning Commission
City Planning Commission
PLN 12-00215 (CUP) – 8832 Imperial Hwy
October 3, 2012 – Page 3
Resolution No. 12-______
Downey Planning Commission
PLN-12-00215 (CONDITIONAL USE PERMIT)
EXHIBIT A – CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-12-00215 (Conditional Use Permit), allows the establishment of a
casual bar and the operation of a Type 48 (On-Sale General, Public Premises) Alcohol
Beverage Control license, on property lo cated at 8832 Imperial Highway, Downey.
2) The bar’s hours of operation are seven (7) days a week, between 12 noon and 2:00 a.m.
3) The owner/applicant shall not permit any loitering on the subject site daily.
4) Customers shall not be within the business after the specified closing time.
5) 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.
6) 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.
7) 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.
8) 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.
9) The Applicant shall comply with all conditions of PLN-12-00215 (Conditional Use Permit)
before this Conditional Use Permit becomes valid.
10) 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.
11) All signs shall comply with Chapter 6 of Article IX of the Downey Municipal Code.
PLN 12-00215 (CUP) – 8832 Imperial Hwy
October 3, 2012 – Page 4
Resolution No. 12-______
Downey Planning Commission
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 promotions of the business shall be conducted under direct control of the business
owner. There shall be no outside promoters of liv e entertainment or night club activity at
any time.
BUILDING
14) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
15) 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
16) 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.
17) If applicable, the applicant/owner shall install a Knox® Rapid Entry System for the new
building.
18) If applicable, the applicant/owner shall install an approved Automatic Fire Extinguishing
System throughout.
POLICE
19) Prior to occupying the building, the owner/applicant shall obtain any and all required Police
Department permits for this Conditional Use Permit.
20) 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 char ged with the enforcement of the City’s laws,
ordinances, or regulations.
21) The owner/applicant and licensee 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.
22) The owner/applicant and licensee shall post signs at all entrances to the premises and
business identifying a zero-tolerance policy for nuisance behavior at the premises
(including the parking lot).
PLN 12-00215 (CUP) – 8832 Imperial Hwy
October 3, 2012 – Page 5
Resolution No. 12-______
Downey Planning Commission
23) Payment for beverage services shall be m ade only after such services have been provided
to the patrons by the business.
24) The owner/applicant and licensee shall comply with and strictly adhere to all conditions of
any permit issued by the California State Department of Alcoholic Beverage Control
(“ABC”) to the applicant and any applicable regulations of ABC.
25) The sale of all alcoholic beverages for consumption off the premises is prohibited.
26) If provided and approved, music entertainment shall not be audible beyond the area under
control of the licensee (4602 DMC).
27) The owner/applicant and licensee shall keep all public access doors closed, with
emergency exit capabilities, during operating hours.
28) The Licensee shall be responsible for monitoring the bar area to prevent anyone under the
age of 21 from consuming alcohol. The licensee shall also be responsible in preventing
anyone from furnishing alcohol to any person under the age of 21.
29) The Licensee shall be responsible for monitoring the bar area to prevent anyone from
smoking inside, pursuant to section 6404.5(b) of the California Labor Code.
30) There shall be no unpermitted signage or advertising of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or entertainment signs which are
clearly visible to the exterior shall constitute a violation of this condition.
31) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or
any property adjacent to the licensed premises.
32) The owner/applicant and licensee shall provide the parking lots of the premises with
lighting of sufficient power to illuminate and make easily discernible the appearance and
conduct of all persons on or about the parking lot.
33) Lighting in the parking areas of the premises shall be directed, positioned, and shielded in
such a manner so as not to unreasonably illuminate the window area of nearby
residences.
34) The owner/applicant and licensee shall remove or paint over any graffiti painted or
unmarked upon the premises or on an adjacent area under control of the licensee, within
twenty-four (24) hours.
35) The owner/applicant and licensee shall remain in full compliance of all Local, State and
Federal Laws.
PLN 12-00215 (CUP) – 8832 Imperial Hwy
October 3, 2012 – Page 6
C-2
Subject Property
R-1
R1-5,000 – Single-Family Residential
R-3 – Multi-Family Residential
C-2 – General Commercial
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