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HomeMy WebLinkAbout1. PLN-12-00216 - 8803 Imperial HighwaySTAFF REPORT DATE: JANUARY 16, 2013 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 of use 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-12-00216 (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 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 PREV IOUSLY PERMITTED LIVE ENTERTAINMENT ACTIVITIES (KARAOKE AND CUSTOMER DANCING), ON PROPERTY LOCATED AT 8803 IMPERIAL HIGHWAY, ZO NED 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 t he request is set forth in 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 January 16, 2013 - Page 2 C. Photograph of Subject Property: 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), to upgrade their State of California Department of Alcoholic Beverage Control (ABC) license from Type 41 (On-sale Beer & Wine, Eating Place) to Type 47 (On-sale General, Eating Place) and to allow a 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. On December 4, 2012, the applicant submitted a request to continue PLN-12-00216 to the meeting of December 19, 2012. The request was to allow the applicant more time to explore the request being made and to address some of the Downey Police Department’s concerns. On December 12, 2012, the applicant submitted a second request, via email, to continue PLN- 12-00216 to the meeting of January 2, 2013. Downey Planning Commission meeting scheduled for Wednesday, January 2, 2013 has been cancelled due to lack of quorum. As a result, the Planning Division will continue PLN-12-00216 to the meeting of January 16, 2013. PLN-12-00216 (Revision to CUP) – 8803 Imperial Hwy January 16, 2013 - Page 3 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). According to Mr. Magana, the conditional use permit will allow the restaurant to increase its sales revenues significantly. 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. It is important to note that when operating under a Type 47 license, the applicant is also required to ensure that 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. Police Department Recommendation In the previous staff report dated December 5, 2012, staff recommended denial of the requested application because there have been a number of alcohol licenses issued to other establishments within the vicinity. Additionally, the Downey Police Department was concerned that approving the request will add another alcohol license to the already overcrowded alcohol consumption in the area. The Police Department was especially concerned about a Type 48 license that at one time was owned by El Maguey Night Club, located right next door to the subject restaurant. However, El Maguey Night Club closed a little more than a year ago and the building has since been vacant. The Department of Alcoholic Beverage Control indicated that the Type 48 license at the former El Maguey Night Club has been surrendered, thus, lessening the numbers of alcohol licenses in the area; and thereby, allowing the Downey Police Department to approve the Applicant’s request to upgrade their alcohol license from a Type 41 to a Type 47. Staff also 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 seven (7) calls for service at the subject business. These calls were for disturbances and noise complaints. The reports indicated that disturbance calls ranged from assault with a deadly weapon to drinking alcohol and being loud in the parking lot. The subject restaurant building is located within 250 feet of residential properties. Staff is concerned about potential noise generated from the establishment and the impacts of that noise upon the adjoining residences and businesses. To mitigate these impacts and to avoid future problems, staff has recommended a condition requiring that all entry and exit doors to and from the establishment shall remain closed during the permitted hours of operation. Another condition requires that customers shall not be gathering in the rear parking lot of the business after closing time. FINDINGS Staff has reviewed the proposal and has developed the following findings for the approval of PLN- 12-00216 (Revision ‘B’ to Conditional Use Permit 89-297): PLN-12-00216 (Revision to CUP) – 8803 Imperial Hwy January 16, 2013 - Page 4 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 and live entertainment at the La Perla Del Mar Restaurant 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 subject property is zoned C-2 (General Commercial) with a General Plan Land Use Designation of “General Commercial”. A restaurant operating with a Type 47 alcohol license is consistent with the C-2 zoning and the General Plan. 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 restaurant and the surrounding commercial uses along Imperial Highway and will serve the public with a use that was previously allowed at the site. In addition, the conditions of approval for the proposed 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 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. 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 can be made in a positive manner in order to support the request. Therefore, staff recommends that the Planning Commission adopt a resolution approving PLN-12- 00216 (Revision ‘B’ to Conditional Use Permit 89-297), thereby allowing 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 La Perla Del Mar Restaurant. PLN-12-00216 (Revision to CUP) – 8803 Imperial Hwy January 16, 2013 - Page 5 R-1 Subject Property C-2 R1-5,000 –Single-Family Residential R-3 –Multi-Family Residential C-2 –General Commercial NORTH ZONING MAP )<,-&-82S PLN-12-00216 (CUP) 463.)'82S CITY OF DOWNEY PLANNING DIVISION 8803 IMPERIAL HIGHWAY 463.)'803'%8-32 Subject Property NORTH AERIAL PHOTOGRAPH )<,-&-82S PLN-12-00216 (CUP) 463.)'82S CITY OF DOWNEY PLANNING DIVISION 8803 IMPERIAL HIGHWAY 463.)'803'%8-32 RESOLUTION NO. 12-_____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING 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 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, which was continued to January 16, 2013, 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 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 16 day of January, 2013. 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 16 day of January, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: Theresa Donahue, Secretary PLN 12-00216 (Revision to CUP) – 8803 Imperial Hwy January 16, 2013 – Page 2 Resolution No. 12-______ Downey Planning Commission City Planning Commission PLN-12-00216 (REVISION ‘B’ TO CONDITIONAL USE PERMIT 89-297) EXHIBIT A – CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN-12-00216 (Revision ‘B’ to Conditional Use Permit 89-297), allows La Perla Del Mar Restaurant to upgrade their State of California Department of Alcoholic Beverage Control (ABC) license from Type 41 (On-sale Beer & Wine, Eating Place) to Type 47 (On-sale General, Eating Place) and to allow a disc jockey with their existing dancing and karaoke activities, on property located at 8803 Imperial Highway. 2) The permitted hours of operation of the business are as follows: a) Restaurant : 7 days a week – 10 a.m. until 2:00 a.m. the following morning. The sale of alcoholic beverages cease at 1:30 a.m.; b) Live entertainment : 7 days a week – 8 p.m. until 1:00 a.m. the following morning. The permitted hours of live entertainment are consistent with the previously approved Conditional Use Permit No. 98-30 (Revision ‘A’), Resolution No. 1929. 3) The owner/applicant is required to make sure that customers shall not be gathering in the rear parking lot of the business after closing time. 4) The owner/applicant shall ensure that all entry and exit doors to and from the restaurant remains closed during all hours of operation. 5) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, measured at the property line. If noise- related problems are received and verified by the Planning Division, the owner/applicant is required to conduct a noise study by a licensed acoustical engineer to show that the site complies with City’s noise standards. 6) There shall be no cover charge for admission to the business before 9:00 p.m. daily. 7) The owner/applicant shall not permit any loitering on the subject site. 8) Customers shall not be within the business after the specified closing time. 9) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the City Planner, the applicant shall provide evidenc e that the gross sales of food exceed 50% the gross sale of alcohol. 10) The kitchen shall remain open to serve a full menu at all times the business is open. The service/sale of prepackaged foods, salads, or sandwiches are not considered to be in compliance with this condition. 11) The sale of alcohol shall be incidental to the sale of food within the dining area. 12) 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 PLN 12-00216 (Revision to CUP) – 8803 Imperial Hwy January 16, 2013 – Page 3 Resolution No. 12-______ Downey Planning Commission laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 13) The Applicant shall comply with all conditions of Conditional Use Permit Nos. 89-297 and 98-30 (Revision ‘A’) before this Conditional Use Permit becomes valid. 14) 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. 15) 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. 16) All signs shall comply with Chapter 6 of Article IX of the Downey Municipal Code. 17) 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. 18) 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 19) If applicable, all construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. FIRE 20) If applicable, plans to be submitted through Building and Safety Division 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. 21) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. 22) If applicable, the applicant/owner shall install an approved Automatic Fire Extinguishing System throughout. PLN 12-00216 (Revision to CUP) – 8803 Imperial Hwy January 16, 2013 – Page 4 Resolution No. 12-______ Downey Planning Commission POLICE 23) Prior to occupy the building, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 24) 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. 25) 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). 26) The owner/applicant shall provide two (2) 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. 27) The owner/applicant shall impose a dress code that shall not permit patrons to wear the following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are worn backwards. 28) Payment for beverage services shall be m ade only after such services have been provided to the patrons by the business. 29) 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 12-00216 (Revision to CUP) – 8803 Imperial Hwy January 16, 2013 – Page 5