HomeMy WebLinkAbout4.PLN-12-00216 - 8803 Imperial HwySTAFF REPORT
DATE:
DECEMBER 5, 2012
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-12-00216 (REVISION ‘B’ TO CONDITIONAL USE PERMIT NO. 89-297) –
A REQUEST TO ALLOW THE EXISTING RESTAURANT TO OPERATE WITH
THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 47
LICENSE AND LIVE ENTERTAINMENT, ON PROPERTY LOCATED AT 8803
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 expansion 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 DENYING
PLN-12-00216 (REVISION ‘B’ TO CONDITIONAL USE PERMIT NO. 89-297), A REQUEST TO
ALLOW LA PERLA DEL MAR RESTAURANT TO UPGRADE THEIR DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 41 (ON-SALE BEER AND WINE, EATING
PLACE) TO AN ABC TYPE 47 (ON-SALE GE NERAL, EATING PLACE) LICENSE AND TO
ALLOW THE RESTAURANT TO INCLUDE DISC JOCKEY WITH THEIR PREVIOUSLY
PERMITTED LIVE ENTERTAINMENT ACTIVI TIES (KARAOKE AND CUSTOMER DANCING),
ON PROPERTY LOCATED AT 8803 IMPERIAL HIGHWAY, ZONED C-2 (GENERAL
COMMERCIAL).
CODE AUTHORITY
The applicant is making his request pursuant to the provisions 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
8803 Imperial Highway
SITE DESCRIPTION
A. Subject Property:
1. Property Information
Site Location: 8803 Imperial Highway
AIN: 6261-014-050
2. Applicant Information
Property Owner: Crown Plaza Development LLC
La Perla Del Mar Inc.
8803 Imperial Highway
Downey, CA 90242
Jesus Magana
Business Owner:
La Perla Del Mar Restaurant
8803 Imperial Highway
Downey, CA 90242
3. CEQA Determination:
Categorical Exemption (Class 1)
4. Noticing Information
Applicant Notification: November 19, 2012
Required Action Date: January 18, 2013
B. Surrounding Properties:
Zone Use
North R-1 (Single Family Residential) Single family homes
West
C-2 (General Commercial) Apartment complex
South
C-2 (General Commercial) Retail and offices
East
C-2 (General Commercial) Car wash facility
PLN-12-00216 (Revision to CUP) – 8803 Imperial Hwy
December 5, 2012 - Page 2
C. Photograph of Subject Property:
Subject Site – View from Imperial Highway
BACKGROUND
The subject site is a 44,719 square foot parcel that is located on the north side of Imperial
Highway, just west of Lakewood Boulevard. The site is improved with a 4,030 square foot single-
story restaurant building with customer parking primarily located to the north side of the building.
The site is zoned C-2 (General Commercial) with a General Plan Land Use Designation of
“General Commercial”.
On December 6, 1989, the Planning Commission approved Conditional Use Permit No. 89-297,
thereby allowing a restaurant to operate at the subject site with the sale of alcoholic beverages for
on-site consumption within 300 feet of a residential zone.
On August 5, 1998, the Planning Commission approved Revision ‘A’ to Conditional Use Permit No.
89-297 (officially numbered as Conditional Use Permit No. 98-30). This revision allowed the
establishment of live entertainment at the site that includes karaoke and dancing. The approval of
live entertainment is limited to operate between the hours of 8:00 p.m. and 1:00 a.m. daily.
On August 17, 2012, Mr. Jesus Magana, the owner of La Perla Del Mar Restaurant, submitted a
request for Revision ‘B’ to Conditional Use Permit No. 89-297 (hereinafter referred to PLN-12-
00216), requested to upgrade their Department of Alcoholic Beverage Control (ABC) from Type
41 (On-sale Beer & Wine, Eating Place) to Type 47 (On-sale General, Eating Place) and to
allow disc jockey with their existing dancing and karaoke activities at his restaurant.
After a careful review of the proposal, staff deemed the application complete on November 19,
2012. On November 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
The existing restaurant currently operates with a Department of Alcoholic Beverage Control
Type 41 (On-sale Beer & Wine, Eating Place) with dancing and karaoke. Under this application,
Mr. Magana seeks to expand the live entertainment aspect of the restaurant to include a disc
jockey and to upgrade their ABC license to a Type 47 (On-sale General, Eating Place).
PLN-12-00216 (Revision to CUP) – 8803 Imperial Hwy
December 5, 2012 - Page 3
According to Mr. Magana, the requested conditional use permit will allow 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 be open seven (7) days a week, from 10:00 a.m. to 2:00 a.m. Though,
live entertainment activities and the sale of alcoholic beverages will cease at 1:00 a.m. This allows
patrons to finish their drinks, meals, and leave the premises by closing time.
Police Department Concern
Pursuant to the Downey Police Department, the sale of alcoholic beverages and the upgrade of
alcoholic licenses require approval from the Chief of Police or his/her designee. In reviewing the
application, it has been determined that the Downey Police Department is unable to issue another
permit for the serving of alcohol beverages at the subject site. This is due to the fact that there
have been a number of alcohol licenses presented within the vicinity. It is the Police Department’s
opinion that there is not necessity to establish another alcohol license in the area that already has
numerous alcohol licenses within 1,000 feet from the subject site. The Police Department is
concerned that approving the request will add another alcohol license to the already overcrowded
alcohol consumption in the area. Further, City records show at least three (3) other on-sale
establishments possess a Department of Alcoholic Beverage Control license that are within 350
feet of the subject business. In addition to these existing on-sale beer & wine establishments,
records indicated at least four (4) off-sale (package store) establishments located within the vicinity
(See table below).
Restaurant/Bar/Night Club (on-sale) ABC Type
Type 48 (Bar, Night Club) - License is active
El Maguey Night Club
Authorizes the sale of beer, wine and distilled
8813 Imperial Hwy
spirits for consumption on the premises
Bar Casa Blanca
Type 40 (Bar, Tavern)
No wine and distilled spirits allowed
8744 Imperial Hwy
The Wet Bar
Type 48 (Bar, Night Club)
8832 Imperial Hwy
Convenience Store (off-sale) ABC Type
Empire Liquor
Type 20 (Package Store)
8714 Imperial Hwy Authorizes the sale of beer and wine only
A & P Market
Type 20 (Package Store)
8847 Imperial Hwy
Hermanos Market
Type 20 (Package Store)
12631 Lakewood Blvd
Type 21 (Package Store)
Community Liquor
Authorizes the sale of beer, wine and distilled
9040 Imperial Hwy
spirits for consumption off the premises
In addition, Staff obtained a copy of the police reports for the subject site. According to the reports,
within the last 12 months, the Downey Police Department received 24 calls for service at the
subject business. Out of 24 calls, 13 were for alarms, seven (7) were for disturbances and noise
complaints. Reports indicated that disturbance calls ranged from assault with a deadly weapon to
drinking alcohol and being loud in the parking lot.
PLN-12-00216 (Revision to CUP) – 8803 Imperial Hwy
December 5, 2012 - Page 4
Noise Concern
The subject restaurant building is located within 250 feet of a residential property. Staff is
concerned that allowing the Applicant to upgrade the alcohol license to include distilled spirits, and
expanding live entertainment activity, would substantially create noise impacts to the residences to
the north of the site. The Downey General Plan contains policies and programs that highlight the
importance of minimizing excessive noise exposures to persons while discouraging land uses that
create noise impact onto the existing surrounding residential areas.
More specifically, page 6-12 of the Downey General Plan Vision 2025, Policy 6.3.1, was developed
to “Minimize the amount of noise generated by land uses”. In addition, the General Plan program
that was developed to implement this policy includes:
Program 6.3.1.1. Discourage proposed land uses from generating noise at unacceptable
levels.
It is staff’s opinion that approving the request will conflict with Policy 6.3.1. and Program 6.3.1.1. of
the General Plan. Based on the history of calls for service at the subject site and because of the
site’s proximity to the residences to the north, staff feels the proposed expansion will add additional
noise to the area; specifically to the adjoining residences and the neighboring businesses that are
situated next to the subject site.
FINDINGS
Staff has reviewed the proposal and has developed the following findings for the denial of the PLN-
12-00216 (Revision ‘B’ to Conditional Use Permit 89-297):
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.
Approving a revision to the existing conditional use permit would result in an inconsistency with
the General Plan provisions that were developed to discourage land uses from generating
noise at unacceptable levels. It is staff’s opinion that the proposed expansion would create a
significant noise impact to the existing surrounding land uses. In addition, the site has had a
number of disturbances in the past and the requested expansion will only intensify the
problems on site. As such, staff feels that this finding cannot be adopted.
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 subject restaurant is an existing business and prior approvals for alcohol sales and live
entertainment have been approved at this site. However, with the current number of existing
alcohol licenses have been issued in the vicinity, staff feels there is no need for the public
convenience and necessity to establish another alcohol license in the area. The upgrading of
the alcohol license from a Type 41 to a Type 47 and the adding of a disc jockey to the existing
dancing and karaoke will only intensify the problems on site. As such, staff feels that this
finding cannot be adopted.
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 accommodate the
requested expansion because the proposed changes do not include further expansion of the
existing restaurant building. As such, staff feels that this finding can be adopted.
PLN-12-00216 (Revision to CUP) – 8803 Imperial Hwy
December 5, 2012 - Page 5
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 expansion will not impose an undue burden upon the
streets and highways in the area because Imperial Highway is designated as a major arterial by
the City’s General Plan. Imperial Highway is able to absorb any additional traffic this request
may create, even though staff does not foresee a significant traffic increase since the building
and parking areas already exist. As such, staff feels that this finding can be adopted.
CORRESPONDENCE
As of the date that this report was printed, staff had not received any correspondence regarding
this matter.
CONCLUSION
Staff feels the above findings 1 and 2 cannot be made in a positive manner in order to support the
request. Therefore, staff recommends that the Planning Commission adopt a resolution denying
PLN-12-00216 (Revision ‘B’ to Conditional Use Permit 89-297), thereby denying the expansion of
the existing live entertainment to include disc jockey and the upgrading of a Type 47 (On-Sale
General, Eating Place) alcohol license at the existing restaurant (La Perla Del Mar).
PLN-12-00216 (Revision to CUP) – 8803 Imperial Hwy
December 5, 2012 - Page 6
R-1
Subject Property
C-2
R1-5,000 –Single-Family Residential
R-3 –Multi-Family Residential
C-2 –General Commercial
NORTH
ZONING MAP
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PLN-12-00216 (CUP)
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CITY OF DOWNEY
PLANNING DIVISION
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Subject Property
NORTH
AERIAL PHOTOGRAPH
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PLN-12-00216 (CUP)
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CITY OF DOWNEY
PLANNING DIVISION
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RESOLUTION NO. 12-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
DENYING PLN-12-00216 (REVISION ‘B’ TO CONDITIONAL USE PERMIT NO. 89-297),
A REQUEST TO ALLOW LA PERLA DEL MAR RESTAURANT TO UPGRADE THEIR
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 41 (ON-SALE
BEER AND WINE, EATING PLACE) TO AN ABC TYPE 47 (ON-SALE GENERAL,
EATING PLACE) LICENSE AND TO ALLOW THE RESTAURANT TO INCLUDE DISC
JOCKEY WITH THEIR PREVIOUSLY PERMITTED LIVE ENTERTAINMENT ACTIVITIES
(KARAOKE AND CUSTOMER DANCING), ON PROPERTY LOCATED AT 8803
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. Jesus Magana (hereinafter "applicant") requesting
Planning Commission approval of PLN-12-00216 (Revision ‘B’ to Conditional Use
Permit 89-297), to allow La Perla Del Mar Restaurant to upgrade their Type 41
(On-sale Beer and Wine) to a Type 47 (On-Sale General, Eating Place) alcohol
license and to add disc jockey with their existing live entertainment, on property
located 8803 Imperial Highway, and zoned C-2 (General Commercial); and
B. On November 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 December 5, 2012
and, after fully considering all oral and written testimony and facts and opinions
offered at aforesaid public hearings, adopted Resolution No. 12-_____ , denying
PLN-12-00216.
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
neighborhood thereof.
Approving a revision to the existing conditional use permit would result in an
inconsistency with the General Plan provisions that were developed to discourage
land uses from generating noise at unacceptable levels. It is staff’s opinion that
the proposed expansion would create a significant noise impact to the existing
surrounding land uses. In addition, the site has had a number of disturbances in
the past and the requested expansion will only intensify the problems on site. As
such, staff feels that this finding cannot be adopted.
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 subject restaurant is an existing business and prior approvals for alcohol sales
and live entertainment have been approved at this site. However, with the current
number of existing alcohol licenses have been issued in the vicinity, staff feels
there is no need for the public convenience and necessity to establish another
alcohol license in the area. The upgrading of the alcohol license from a Type 41 to
a Type 47 and the adding of a disc jockey to the existing dancing and karaoke will
only intensify the problems on site. As such, staff feels that this finding cannot be
adopted.
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 accommodate
the requested expansion because the proposed changes do not include further
expansion of the existing restaurant building. As such, staff feels that this finding
can be adopted.
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 expansion will not impose an undue burden
upon the streets and highways in the area because Imperial Highway is designated
as a major arterial by the City’s General Plan. Imperial Highway is able to absorb
any additional traffic this request may create, even though staff does not foresee a
significant traffic increase since the building and parking areas already exist. As
such, staff feels that this finding can be adopted.
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 denies PLN-12-00216 (Revision ‘B’ to
Conditional Use Permit 89-297).
SECTION 5.
The Secretary shall certify the adoption of this Resolution.
th
PASSED, APPROVED AND ADOPTED this 5 day of December, 2012.
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
th
Planning Commission of the City of Downey at a regular meeting thereof held on the 5 day of
December, 2012, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
Theresa Donahue, Secretary
PLN 12-00216 (Revision to CUP) – 8803 Imperial Hwy
December 5, 2012 – Page 2
Resolution No. 12-______
Downey Planning Commission
City Planning Commission
PLN 12-00216 (Revision to CUP) – 8803 Imperial Hwy
December 5, 2012 – Page 3