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HomeMy WebLinkAbout2. PLN-12-00303 - 11032 DowneySTAFF REPORT DATE: FEBRUARY 20, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-12-00303 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A RESTAURANT WITH AN ABC TYPE 47 (O N SALE GENERAL, EATING PLACE) LICENSE AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 11032 DOWNEY AVE, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN. 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 cons ists of projects that involve no or negligible expansion of the existing use. Inasmuch as the applicant is not expanding the building or changing the use thereof, staff feels that this request qualifies for this 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 A CONDITIONAL USE PERMIT (PLN-12-00303), THEREBY ALLOWING A RESTAURANT TO OPERATE WITH AN ABC TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 11032 DOWNEY AVE, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN. CODE AUTHORITY The applicant is making his request pursuant to the provisions of Downtown Downey Specific Plan. The Planning Commission’s authority to consider the requested Conditional Use Permit is set forth in Municipal Code Section 9824 (Conditional Use Permits). PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA SITE LOCATION 11032 Downey Ave SITE DESCRIPTION A. Subject Property 1. Property Information Site Location: 11032 Downey Ave (AI N 6254-019-004) 2. Applicant Information Applicant: Simon Simonian Joseph’s Bar and Grill 628 Hill Street Los Angeles, CA 90014 Property Owner: Ralph Granata 9317 Rives Ave Downey, CA 90240 3. CEQA Determination: Categorical Exemption (Class 1) 4. Noticing Information Applicant Notification: January 17, 2013 Required Action Date: March 18, 2012 Conditional Use Permit (PLN-12-00303) – 11032 Downey Ave February 20, 2013 - Page 2 B. Surrounding Properties The subject site is located within the heart of the Downtown Downey, which has a virtual plethora of business types. This includes restaurants, stores, offices, and churches. All of these properties have General Plan Land Use Designation of Mixed Use and are zoned Downtown Downey Specific Plan. C. Site Photographs BACKGROUND The subject site is an approximate 6,393 square foot rectangular shaped lot on the east side of Downey Ave, north of Second St. The site has a General Plan Land Use Designation of Mixed Use and it is within the Downtown Downey Specific Plan. The site is improved with a 5,932 square foot restaurant, which includes 5,281 square feet on the first floor and a 651 square foot office on the second floor. On the west side of the building there is an outdoor dining area, which is surrounded by a 42” tall fence. This outdoor dining area encroaches six (6) feet into the public right-of-way, which is permitted by the Downtown Downey Specific Plan. In addition to the building, there are two parking spaces on the east (rear) side of the building. The previous restaurant that previously operated on the site (Granatas and Tapas) has been closed for a couple of months; however, it operated with an ABC Type 47 (On-Sale General, Eating Place) license. On December 18, 2012, the applicant submitted a Conditional Use Permit (PLN-12-00303) application, requesting to operate a new restaurant at the site (Joseph’s Bar and Grill) with the Conditional Use Permit (PLN-12-00303) – 11032 Downey Ave February 20, 2013 - Page 3 Type 47 alcohol license and live entertainment. After a comprehensive review of the request, staff deemed the application completed on January 17, 2013. On February 7, 2013, notice of the pending application was published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500’ of the subject site. DISCUSSION/ANALYSIS The applicant is proposing to change the restaurant to a bar and grill (to be called Joseph’s Bar and Grill). This will include expanding the bar area within the existing building and utilizing a new floor plan. Notwithstanding this, the applic ant is not proposing to change the kitchen area, bathrooms, storage areas, or the second story office. The applicant proposes to operate Joseph’s with an ABC Type 47 license, which allows the sale of alcohol for onsite consumption in conjunction with a restaurant. Additionally, the bar and grill will host live entertainment in the form of DJ, dancing, bands, and karaoke. The proposed hours of operation will be 10:00 a.m. until midnight, seven (7) days a week with the live entertainment occurring between 7:00 p.m. until midnight. In addition to the tenant improvements, the applicant is proposing to update the façades of the building to give the building a new fresh look. This includes the increased use of glass and metal framing on the front (east) side of the building. More specifically, the applicant will revise the front façade to increase size of the windows, provide glass doors, and add new precast concrete columns and cornice molding. Additionally, the applicant will replace existing canopies with a new metal and glass canopy and replace the solid wall that encompasses the outdoor dining area with a new glass wall with solid pilasters. Finally, the applicant will repaint the building a terracotta color with sand color trim. It should be noted, the applicant is not proposing to construct any additions to the building, so the façade modifications do not require Planning Commission approval. Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving the Conditional Use Permit. A discussion of the findings follows: A. 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 subject site has a General Plan Land Use Designation of Mixed Use and is within the Downtown Downey Specific Plan. It is the intent of the Mixed Use designation and the Downtown Specific Plan to encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets that creates a more active and vibrant street life. The proposed changes to the façade give the business an open look, and in staff’s opinion, tend to promote a walkable environment. Staff is of the further opinion that the addition of live entertainment to the restaurant will increase Conditional Use Permit (PLN-12-00303) – 11032 Downey Ave February 20, 2013 - Page 4 pedestrian traffic on Downey Avenue as new people patronize the business. For these reasons staff believes the business will be operated in a manner that is conducive to pedestrian traffic and will serve people who live and work in the area. B. 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 site is in a fully developed area of the City, with little to no vacant properties in the immediate area. Inasmuch as a restaurant previously operated with alcohol sales, staff is of the opinion that the re-establishing a restaurant and adding live entertainment will not affect surrounding properties. Furthermore, the success of this business can serve to draw people into the area, which will encourage growth and development of adjoining properties. C. 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 proposed use will be contained within an existing site (not including the outdoor eating area), which does not require an expansion of the buildings. The restaurant is a permitted use on the site and has sufficient parking, setbacks, and landscaping to allow it to operate without creating a detriment to others. As such, staff believes that the subject has sufficient shape and size to accommodate the proposed use. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is located within the heart of Downtown Downey on Downey Ave. Staff has reviewed the proposal and is not anticipating any increase in traffic caused by operation of the business. It is staff’s opinion that the surrounding streets and highways in the area have sufficient capacity to accommodate the existing traffic generated by the business. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained within this report, staff is concluding that operating a restaurant with live entertainment and the sale of alcohol can be a benefit to the business without impacting the surrounding area, provided that all conditions of approval are adhered to . Furthermore, as noted above, staff believes that all four findings required to approve a Conditional Use Permit can be made in a positive manner . As such , staff is recommending that the Planning Commission approve the Conditional Use Permit (PLN-12-00303) , subject to the recommended conditions of approval. Conditional Use Permit (PLN-12-00303) – 11032 Downey Ave February 20, 2013 - Page 5 Exhibit ‘A’ – Aerial Photograph Subject Site Conditional Use Permit (PLN-12-00303) – 11032 Downey Ave February 20, 2013 - Page 6 Exhibit ‘B’ – Zoning Map Subject Site Conditional Use Permit (PLN-12-00303) – 11032 Downey Ave February 20, 2013 - Page 7 RESOLUTION NO. _____________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-12-00303), THEREBY ALLOWING A RESTAURANT TO OPERATE WITH AN ABC TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 11032 DOWNEY AVE, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN. 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. December 18, 2012, the applicant submi tted a Conditional Use Permit (PLN-12-00303) application, requesting to operate a new restaurant at the site (Joseph’s Bar and Grill) with the Type 47 alcohol license and live entertainment; and, B. On January 17, 2013, the Conditional Use Permit application was deemed complete; and, C. On February 7, 2013, notice of the pending application was mailed to all property owners within 500’ of the subject site and published in the Downey Patriot . D. The Planning Commission held a duly noticed public hearing on February 20, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, adopted this resolution, 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 Qualit y 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. The requested Conditional Use Permit will not adversely affect the purpose and intent of the zoning code or the City’s General Plan or the public convenienc e or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of Mixed Use and is within the Downtown Downey Specific Plan. It is the intent of the Mixed Use designation and the Downtown Specific Plan to encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets that creates a more active and vibrant street life. The proposed changes to the façade give the business an open look and tend to promote a walkable environment. Furthermore, the addition of live entertainment to the restaurant will incr ease pedestrian traffic on Downey Avenue as new people patronize the business. For these reasons the business will be operated in a manner that is conducive to pedestrian tr affic and will serve people who live and work in the area. Resolution No. ____________ Downey Planning Commission 2. 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 site is in a fully developed area of the City, with little to no vacant properties in the immediate area. Inasmuch as a restaurant previously operated with alcohol sales, re-establishing a restaurant and adding live entertainment will not affect surrounding properties. Furthermore, the success of this business can serve to draw people into the area, which will encourage growth and development of adjoining properties. 3. 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 proposed use will be contained within an existing site, which does not require an expansion of the building. The restaurant is a permitted use on the site and has sufficient parking, setbacks, and landscaping to allow it to operate without creating a detriment to others. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is located within the heart of Downtown Downey on Downey Ave. The City is not antic ipating any increase in traffic caused by the operation of the business. The surrounding streets and highways in the area have sufficient capacity to accommodate the existing traffic generated by the business. SECTION 4 . Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey her eby approves the Conditional Use Permit (PLN- 12-00303), 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. th PASSED, APPROVED AND ADOPTED this 20 day of February, 2013. Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning th Commission of the City of Downey at a regular meeting thereof, held on the 20 day of February, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONER: Mary Cavanagh, Secretary City Planning Commission Conditional Use Permit (PLN-12-00303) – 11032 Downey Ave February 20, 2013 - Page 2 Resolution No. ____________ Downey Planning Commission CONDITIONAL USE PERMIT (PLN-12-00303) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit permits the operation of a restaurant with live entertainment and a Department of Alcoholic Beverage Control Type 47 (On-Sale General - Eating Place) license. 2) 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. 3) 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. 4) 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. 5) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 6) The permitted hours of operation of the business are as follows: 10:00 a.m. until midnight, seven (7) days a week. 7) Live entertainment shall be permitted from 7:00 p.m. until closing, seven (7) days a week. Live entertainment shall include live bands, solo-performers, disc jockeys, karaoke, and customer dancing only. Live entertainment shall only be allowed within the building and not in the outdoor dining area or the parking lot. 8) There shall be no cover charge for the admission to the business. 9) The restaurant shall not operate as a banquet facility. Should private events utilize a portion of the facility, the restaurant shall remain open for the general public. 10) Customers shall not be within the business after the specified closing time. Conditional Use Permit (PLN-12-00303) – 11032 Downey Ave February 20, 2013 - Page 3 Resolution No. ____________ Downey Planning Commission 11) 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 total gross sales. 12) Alcohol shall not be sold for off-site consumption. 13) 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. 14) 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. 15) 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. 16) All signs shall comply with the requirem ents set forth in the Downey Municipal Code. 17) Any graffiti applied on the site shall be removed by the applicant within 48 hours. POLICE 18) Prior to commencement of business, the applicant shall obtain a Police Permit for the live entertainment. 19) Payment for alcoholic beverage services shall be made only after such services have been provided to the patrons by the business. 20) 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. Additionally, the dress code shall prohibit sandals and/or tank tops after 8:00 p.m. 21) 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. 22) A copy of the Conditional Use Permit and 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. 23) The applicant shall provide licensed and bonded, uniformed patrolmen or security guards at such times as determined by the Chief of Police. The number of security guards shall be determined by the Chief of Police and may be increased or decreased as the Chief of Police determines is necessary. 24) 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). Conditional Use Permit (PLN-12-00303) – 11032 Downey Ave February 20, 2013 - Page 4