HomeMy WebLinkAbout1. PLN-13-00054 - 8332 Imperial HwySTAFF REPORT
DATE:
APRIL 3, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-13-00054 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW A
BUSINESS (THE WET BAR) TO EXPAND INTO AN ADJACENT TENANT
SPACE, THUS PROVIDING A LARGER BAR AREA AND ADDITIONAL
CUSTOMER SEATING AREA, ON PROPERTY ZONED C-2 (GENERAL
COMMERCIAL)
LOCATION:
8832 IMPERIAL HIGHWAY (AIN 6263-001-012)
ZONING:
C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-13- 00054) is a request to modify the recently
approved Conditional Use Permit (CUP) No. PLN-12-00215, to allow a bar to expand into an
adjacent tenant space, thus providing a larger bar area and additional seating area for
customers. “The Wet Bar” will occupy a 3,110 square foot tenant space that is located at the
east end of the larger freestanding building. Based on the analysis contained within this report,
staff feels that all required findings to approve the conditional use permit can be made in a
positive manner; as such, staff is recommending the Planning Commission adopt the following
titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING CONDITIONAL USE PERMIT NO. PLN-13-00054
(REVISION ‘A’ TO PLN-12-00215), THEREBY ALLOWING A BUSINESS (THE
WET BAR), WHICH IS CURRENTLY APPROVED TO OPERATE WITH A
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 48 (ON-
SALE GENERAL, PUBLIC PREMISES) LICENSE, TO EXPAND INTO AN
ADJACENT TENANT SPACE, THUS PROVIDING A LARGER BAR AREA
AND ADDITIONAL CUSTOMER SEATING AREA, ON PROPERTY LOCATED
AT 8830 & 8832 IMPERIAL HWY, ZONED C-2 (GENERAL COMMERCIAL).
BACKGROUND
The subject site is a 68,000 square foot parcel that is located behind the southwest corner of
Imperial Highway and Lakewood Boulevard. The site is developed with three (3) freestanding
buildings, which including retail, restaurant, and personal improvement uses. Customer parking
will be to the north of the site along Imperial Highway and between buildings. The subject site is
zoned C-2 (General Commercial) with a General Plan Land Use Designation of “General
Commercial”.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
The surrounding land uses include commercial uses to the north of the site (across Imperial
Hwy). To the east of the site (across Lakewood Blvd) is a service station. The west side of the
project site is currently being developed with in-line retail buildings. Finally, the south side of the
site is improved with several condominium residential buildings.
On October 3, 2012, the Planning Commission approved Conditional Use Permit No. PLN-12-
00215, thereby allowing the business (The Wet Bar) to operate with an Alcoholic Beverage
Control Type 48 (On-Sale General, Public Premises) license within a 1,815 square foot tenant
space.
On March 7, 2013, Mr. Luis Gomez submitted a Land Use Permit Application for PLN-13-00054
(Revision ‘A’ to Conditional Use Permit PLN-12-00215) to expand the floor area of the business
into the adjacent tenant space, and to allow the conditions of approval for PLN-12-00215 to include
this area. After a careful review of the proposal, staff deemed the application complete on March
19, 2013. On March 21, 2013, 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.
Site Photograph
DISCUSSION/ANALYSIS
The 3,110 square foot tenant space, which includes the 1,295 square foot of proposed
expansion area, is located within the 10,300 square foot freestanding building on the southwest
corner of the site. After the Planning Commission approved the bar in October 2012, the
applicant recognized that he needs to expand his business into the adjacent tenant space so
that he can provide a larger bar area and more seating area for his customers. The submitted
floor plan shows a six (6’) feet wide opening, to allow access between the two tenant spaces.
The layout of the expanded area includes a bar counter with stools, a walk-in cooler,
employee’s locker room, a wine storage area, and restrooms for men and women. The bar’s
hours of operation will continue as seven (7) days a week, from 12 noon to 2 a.m .
Staff has reviewed the request and does not have any issues with the operation of the business.
The use will be fully contained within the tenant space and it will not generate a noise impact, since
Conditional Use Permit (PLN-13-00054) – 8832 Imperial Hwy
April 3, 2013 - Page 2
the rear doors will remain closed during business hours, except to allow employee ingress/egress
and in case of emergency.
It is important to note that the applicant performed
some minor interior improvements to the expanded
tenant space prior to submitting the request to
modify the conditional use permit. Since then, the
applicant has submitted plans to the Building &
Safety Division for review and approval of such
improvements. As an additional condition of
approval, the applicant must obtain all required
permits relating to the remodeling work that has
been completed, before PLN-13-00054 becomes
valid.
ENVIRONMENTAL ANALYSIS
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 bar’s expansion is occurring
within an existing tenant space; thereby staff feels that this request qualifies for this exemption.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior
to the Planning Commission approving PLN-13-00054. 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 requested conditional use permit to allow an expansion on the recently approved bar
that operates with a Type 48 (On-sale General, Public Premises) alcohol license 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 serve the immediate neighborhood
already. The subject property is zoned C-2 (General Commercial) with a General Plan
Land Use Designation of “General Commercial”. The bar was previously approved under
Conditional Use Permit No. PLN-12-00215 and approval of this request will allow the
applicant to provide a larger bar area and additional seating for customers.
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 proposed 1,295 square foot expansion of the Wet Bar business will not adversely
affect the adjoining land uses because the Planning Commission approved conditions of
Conditional Use Permit (PLN-13-00054) – 8832 Imperial Hwy
April 3, 2013 - Page 3
approval for this use (PLN-12-00215) on October 2012, and those conditions will be in
effect for the expansion area. The conditions of approval for the requested conditional
use permit will lessen impacts relating to noise and loitering.
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 subject site is a 68,000 square foot shopping center. Improvements on the site
include three buildings with mostly in-line retail, restaurant and personal improvement
uses and approximately 95 parking spaces. The size and shape of the subject property
is sufficient to allow for the expansion of the bar in a manner not detrimental to the area,
since the proposed change does not include further expansion of the existing building.
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 bounded by and accessible from Lakewood Boulevard (a major arterial)
and Imperial Highway (a major arterial). It is staff’s opinion that the use will generate a
minimal amount of daily vehicle trips and the adjoining arterial roadways have sufficient
capacity to absorb this negligible increase. Thus, traffic generated by the proposed
expansion will not impose an undue burden upon t he streets and highways in the area.
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 expanding the
recently approved bar at the subject site can provide a benefit to those who live and work in the
area, without creating significant adverse impacts to the 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-13-
00054, Revision ‘A’ to PLN-12-00215) , subject to the recommended conditions of approval.
Conditional Use Permit (PLN-13-00054) – 8832 Imperial Hwy
April 3, 2013 - Page 4
Exhibits
Location
Aerial Photograph
Conditional Use Permit (PLN-13-00054) – 8832 Imperial Hwy
April 3, 2013 - Page 5
500’ Radius
Zoning
Conditional Use Permit (PLN-13-00054) – 8832 Imperial Hwy
April 3, 2013 - Page 6
RESOLUTION NO. 13-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT NO. PLN-13-00054 (REVISION ‘A’ TO
PLN-12-00215), THEREBY ALLOWING A BUSINESS (THE WET BAR), WHICH IS
CURRENTLY APPROVED TO OPERATE WITH A DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC) TYPE 48 (ON-SALE GENERAL, PUBLIC
PREMISES) LICENSE, TO EXPAND INTO AN ADJACENT TENANT SPACE, THUS
PROVIDING A LARGER BAR AREA AND ADDITIONAL CUSTOMER SEATING
AREA, ON PROPERTY LOCATED AT 8830 & 8832 IMPERIAL HWY, 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-13-00054 (Revision ‘A’ to Conditional Use
Permit No. PLN-12-00215), to allow an expansion of a bar into the adjacent
tenant space to add a larger bar area and additional seating for customers, on
property located 8830 & 8832 Imperial Highway, and zoned C-2 (General
Commercial); and
B. On March 21, 2013, 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 April 3, 2013,
and, after fully considering all oral and written testimony and facts and opinions
offered at aforesaid public hearings, adopted Resolution No. 13-_____ , subject to
conditions of approval (Exhibit A).
SECTION 2.
The Planning Commission further finds, determines and declares the
environmental impact of the proposed devel opment 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. The requested conditional use permit to allow an
expansion on the recently approved bar that operates with a Type 48 (On-sale
General, Public Premises) alcohol licens e 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 serve the immediate neighborhood
Resolution No. 13-______
Downey Planning Commission
already. The subject property is zoned C-2 (General Commercial) with a General
Plan Land Use Designation of “General Commercial”. The bar was previously
approved under Conditional Use Permit No. PLN-12-00215 and approval of this
request will allow the applicant to provide a larger bar area and additional seating
for customers.
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 1,295 square foot expansion of the Wet Bar business will
not adversely affect the adjoining land uses because the Planning Commission
approved conditions of approval for this use (PLN-12-00215) on October 2012,
and those conditions will be in effect for the expansion area. 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 subject site is a 68,000 square foot shopping center.
Improvements on the site include three buildings with mostly in-line retail,
restaurant and personal improvement uses and approximately 95 parking
spaces. The size and shape of the subject property is sufficient to allow for the
expansion of the 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 streets and highways in the area. The subject site is bounded
by and accessible from Lakewood Boulevard (a major arterial) and Imperial
Highway (a major arterial). It is staff’s opinion that the use will generate a minimal
amount of daily vehicle trips and the adj oining arterial roadways have sufficient
capacity to absorb this negligible increase. Thus, traffic generated by the proposed
expansion will not impose an undue burden upon the streets and highways in the
area.
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-13-00054
(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.
PLN-13-00054 (CUP) – 8832 Imperial Hwy
April 3, 2013 – Page 2
Resolution No. 13-______
Downey Planning Commission
SECTION 5.
The Secretary shall certify the adoption of this Resolution.
rd
PASSED, APPROVED AND ADOPTED this 3
day of April, 2013.
Louis Morales, 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
April, 2013, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN-13-00054 (CUP) – 8832 Imperial Hwy
April 3, 2013 – Page 3
Resolution No. 13-______
Downey Planning Commission
PLN-13-00054
(REVISION ‘A’ TO CUP PLN-12-00215)
EXHIBIT A – CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-13-00054 (Conditional Use Permit), allows a casual bar (The Wet
Bar), which is currently approved to operate with an Alcoholic Beverage Control Type 48
(On-Sale General, Public Premises) license, to expand into an adjacent tenant space, to
provide a larger bar area and additional seating area for customers, on property located
at 8830 and 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.
The sales of alcoholic beverages should cease at 1:00 a.m.
3) The owner/applicant shall keep the south (rear) doors remain closed during all hours of
operation, except to allow employee ingress/egress and in case of emergency.
4) 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.
5) 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.
6) The Owner/Applicant shall comply with all conditions of PLN-12-00215 (Conditional Use
Permit) before this Conditional Use Permit No. PLN-13-00054 becomes valid.
7) 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
8) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
PLN-13-00054 (CUP) – 8832 Imperial Hwy
April 3, 2013 – Page 4
Resolution No. 13-______
Downey Planning Commission
9) 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
10) 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.
11) If applicable, the applicant/owner shall install a Knox® Rapid Entry System for the new
building.
12) If applicable, the applicant/owner shall install an approved Automatic Fire Extinguishing
System throughout.
POLICE
13) Prior to occupying the building, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
14) 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.
15) 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.
16) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
17) 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.
18) 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).
19) 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.
20) The sale of all alcoholic beverages for consumption off the premises is prohibited.
21) If provided and approved, music entertainment shall not be audible beyond the area
under control of the licensee (4602 DMC).
PLN-13-00054 (CUP) – 8832 Imperial Hwy
April 3, 2013 – Page 5
Resolution No. 13-______
Downey Planning Commission
22) The owner/applicant and licensee shall keep all public access doors closed, with
emergency exit capabilities, during operating hours.
23) 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.
24) 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.
25) 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.
26) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or
any property adjacent to the licensed premises.
27) 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.
28) 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.
29) 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.
30) The owner/applicant and licensee shall remain in full compliance of all Local, State and
Federal Laws.
PLN-13-00054 (CUP) – 8832 Imperial Hwy
April 3, 2013 – Page 6