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HomeMy WebLinkAbout2. PLN-13-00141- 9021 Firestone STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: AUGUST 7, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-13-00141 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW THE EXPANSION OF THE LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT THAT OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 LICENSE, ON PROPERTY ZONED SP 89-1 (STONEWOOD SPECIFIC PLAN) LOCATION: 9021 FIRESTONE BLVD (AIN 6285-031-062) ZONING: SP 89-1 (STONEWOOD SPECIFIC PLAN) REPORT SUMMARY The proposed Land Use Permit Application (PLN-13-00141) is a request from Acapulco Restaurant to expand their live entertainment activities to include live bands within the bar area. Acapulco Restaurant is an 11,500 square foot freestanding building that is located on the north side of Firestone Boulevard, just east of Lakewood Boulevard. 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-13-00141, THEREBY ALLOWING AN EXISTING RESTAURANT (ACAPULCO), WHICH OPERATES WITH A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TYPE 47 (ON-SALE GENERAL, EATING PLACE) AND LIVE ENTERTAINMENT (DISC JOCKEYS, DANCING, KARAOKE), TO EXPAND THEIR LIVE ENTERTAINMENT ACTIVITIES TO INCLUDE LIVE BANDS, ON PROPERTY LOCATED AT 9021 FIRESTONE BOULEVARD, ZONED SP 89-1 (STONEWOOD SPECIFIC PLAN). BACKGROUND The subject business is located within the Stonewood Center property, behind the northeast corner of Firestone Boulevard and Lakewood Boulevard. Customer parking will be to the north, east and west of the restaurant. The subject site is zoned SP 89-1 (Stonewood Specific Plan) with a General Plan Land Use Designation of “General Commercial”. The surrounding businesses include BJ’s Restaurant and Macy’s retail store to the north of Acapulco. To the east of the business is a large parking lot, which belongs to Stonewood Conditional Use Permit (PLN-13-00141) – 9021 Firestone Blvd August 7, 2013 - Page 2 Center. The west side of the project site is currently being developed with a Starbucks coffee and a Days Inn motel. Finally, several retail buildings (Big Lots, Walgreens, Fallas Parades) exist on the opposite side of Firestone Boulevard to the south. On June 10, 2013, Ms. Sofia Gonzales, representative for Acapulco Restaurant, submitted a Land Use Permit Application for PLN-13-00141 (Conditional Use Permit) to expand their live entertainment activities to allow live bands within the bar area. After a careful review of the proposal, staff deemed the application complete on July 3, 2013. On July 25, 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 In April 1996, the Downey Police Department issued an entertainment permit to the operations of Acapulco Restaurant, with conditions of approval for that use. Currently, live entertainment at Acapulco includes disc jockeys, karaoke, and dancing. The entertainment permit also conditions the sale of alcoholic beverages on the premises. Under this application (PLN-13-00141), Ms. Gonzales seeks to expand the live entertainment aspect of the restaurant. Pursuant to Section 9314.04(a), Table 9.3.5 of the Downey Municipal Code, the sale of alcoholic beverages with live entertainment requires approval of a conditional use permit by the Planning Commission. This was not the case in 1996; therefore, Acapulco Restaurant has operated as a nonconforming use since the Zoning Code was adopted in 2008. Ms. Gonzales seeks approval of PLN-13-00141 (Conditional Use Permit), because her client wants to expand the live entertainment aspect of the restaurant. According to Ms. Gonzales, the requested conditional use permit will allow the description of live entertainment at Acapulco Restaurant to include live bands. Acapulco Restaurant also operates with a Type 47 (On-Sale General, Eating Place) Alcohol Beverage Control license. The proposed conditional use permit will allow Acapulco to operate in compliance with the current Code requirements. The applicant stated that the request would allow the restaurant to increase its sales revenues significantly. However, it should be noted 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. Conditional Use Permit (PLN-13-00141) – 9021 Firestone Blvd August 7, 2013 - Page 3 The restaurant proposes to open seven (7) days a week, Monday through Saturday, from 11:00 a.m. to 2:00 a.m. and Sunday, from 9:30 a.m. to 2:00 a.m. the following morning; however, live entertainment activities and the sale of alcoholic beverages will cease no later than 1:30 a.m. This allows patrons to finish their drinks, meals, and leave the premises by closing times. In evaluating the application, staff supports the request for the expansion of live entertainment in conjunction with the operation of a Type-47 license, but staff has concerns about potential noise generated by the establishment and the impacts of that noise upon the adjoining motel to the west. Staff also obtained a copy of the police reports for the subject restaurant. According to the reports within the last 12 months, the Downey Police Department received 44 calls for service at the subject business. Out of 44 calls, 13 were for alarms, seven (7) were for assaults, and 24 were for disturbances and noise complaints. Reports indicated that disturbance calls ranged from physical attack with a deadly weapon to drinking alcohol and being loud in the parking lot. Since Acapulco Restaurant is located within 150 feet of a motel, staff is concerned about potential noise generated from the establishment and the impacts of that noise upon the adjoining motel occupants 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 bar area shall remain closed during the permitted hours of operation. Another condition requires that customers shall not gather in Acapulco’s parking lot area after closing time. 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 live entertainment 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-13-00141. 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. Conditional Use Permit (PLN-13-00141) – 9021 Firestone Blvd August 7, 2013 - Page 4 The requested conditional use permit to allow the expansion of existing live entertainment activities (dancing, disc jockeys, karaoke) to include live bands, and the sale of alcoholic beverages through a Type 47 (On-Sale General, Eating Place) Alcohol Beverages Control license at Acapulco 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 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. 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 conditional use permit will not adversely affect the adjoining land uses since the proposed use generally conforms to its SP 89-1 zone development standards. The alcohol license and live entertainment activities will compliment the proposed restaurant and surrounding commercial uses along Firestone Boulevard and will serve the public with a use that previously allowed at the site. 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 restaurant is located within the Stonewood Center. The size and shape of the subject site is sufficient to allow for the expansion of live entertainment 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 traffic generated by the proposed expansion will not impose an undue burden upon the streets and highways in the area because Firestone Boulevard is designated as a major arterial by the City’s General Plan. Firestone Boulevard 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 Based on the analysis contained within this report, staff is recommending that the Planning Commission adopt a resolution to approve PLN-13-00141 (Conditional Use Permit), thereby allowing the expansion of the existing live entertainment activities (dancing, disc jockeys, karaoke) to include live bands, and the sale of alcoholic beverages through a Type 47 (On-Sale General, Eating Place) Alcohol Beverages Control license at Acapulco Restaurant, subject to the conditions of approval. Conditional Use Permit (PLN-13-00141) – 9021 Firestone Blvd August 7, 2013 - Page 5 Exhibits Location Aerial Photograph Acapulco Restaurant Conditional Use Permit (PLN-13-00141) – 9021 Firestone Blvd August 7, 2013 - Page 6 500’ Radius Map Zoning Map RESOLUTION NO. 13-_____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. PLN-13-00141, THEREBY ALLOWING AN EXISTING RESTAURANT (ACAPULCO), WHICH OPERATES WITH A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TYPE 47 (ON-SALE GENERAL, EATING PLACE) AND LIVE ENTERTAINMENT (DISC JOCKEYS, DANCING, KARAOKE), TO EXPAND THEIR LIVE ENTERTAINMENT ACTIVITIES TO INCLUDE LIVE BANDS, ON PROPERTY LOCATED AT 9021 FIRESTONE BOULEVARD, ZONED SP 89-1 (STONEWOOD 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. An application was filed by Ms. Sofia Gonzales (hereinafter "applicant") requesting Planning Commission approval of PLN-13-00141 (Conditional Use Permit), to expand their live entertainment activities to include live bands within the bar area, on property located 9021 Firestone Boulevard, and zoned SP 89-1 (Stonewood Specific Plan); and B. On July 25, 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 August 7, 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 development 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 the expansion of existing live entertainment activities (dancing, disc jockeys, karaoke) to include live bands, and the sale of alcoholic beverages through a Type 47 (On-Sale General, Eating Place) Alcohol Beverages Control license at Acapulco 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 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. Resolution No. 13-____ Downey Planning Commission PLN-13-00141 (CUP) – 9021 Firestone Blvd August 7, 2013 – Page 2 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 SP 89-1 zone development standards. The alcohol license and live entertainment activities will compliment the proposed restaurant and surrounding commercial uses along Firestone Boulevard and will serve the public with a use that previously allowed at the site. 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 restaurant is located within the Stonewood Center. The size and shape of the subject site is sufficient to allow for the expansion of live entertainment 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 traffic generated by the proposed expansion will not impose an undue burden upon the streets and highways in the area because Firestone Boulevard is designated as a major arterial by the City’s General Plan. Firestone Boulevard 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-13-00141 (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. PASSED, APPROVED AND ADOPTED this 7th day of August, 2013. Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 7th day of August, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary Resolution No. 13-____ Downey Planning Commission PLN-13-00141 (CUP) – 9021 Firestone Blvd August 7, 2013 – Page 3 City Planning Commission Resolution No. 13-____ Downey Planning Commission PLN-13-00141 (CUP) – 9021 Firestone Blvd August 7, 2013 – Page 4 PLN-13-00141 (CONDITIONAL USE PERMIT) EXHIBIT A – CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN-13-00141 (Conditional Use Permit) allows the operation of a restaurant (Acapulco) with live entertainment and a State of California Department of Alcoholic Beverage Control Type 47 (On-Sale General - Eating Place) license. 2) The permitted hours of operation of the business shall be from 9:30 a.m. until 2:00 a.m. the following morning, seven (7) days a week. 3) Live entertainment shall be limited to live bands/musicians, 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, except non-amplified mariachis may play in the outdoor dining area. 4) The dance floor shall be located directly in front of the disc jockeys area. Customer dancing shall only be permitted on the designated dancing area. 5) The service of alcohol and live entertainment shall cease no later than 1:30 a.m. 6) The entire restaurant shall not operate as a banquet facility for private parties. Should private events utilize a portion of the facility, the restaurant shall remain open for the general public. 7) Customers shall not be within the business after the specified closing time. 8) 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 gross sale of alcohol. 9) Alcohol shall not be sold for off-site consumption. 10) 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. 11) The kitchen shall remain open to serve a full menu from business opening until 11:00 p.m. daily. The service/sale of prepackaged foods, salads, or sandwiches are not considered to be in compliance with this condition. 12) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. 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. 13) Pay-per-view sporting events shall not be shown on any television or similar device that is installed in the outdoor dining area. Resolution No. 13-____ Downey Planning Commission PLN-13-00141 (CUP) – 9021 Firestone Blvd August 7, 2013 – Page 5 14) All signs shall comply with the requirements set forth in the Downey Municipal Code. Existing legal non-conforming signs are permitted to remain, until such time they are changed or altered, at which time they shall be brought into compliance with the code. 15) 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. 16) 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. 17) 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. 18) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. POLICE 19) Prior to commencement of business, the applicant shall obtain a Police Permit for the live entertainment. 20) The owner/applicant shall comply with and strictly adhere to the security plan, as approved by the Chief of Police. This shall include the owner/applicant providing 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. 21) Payment for alcoholic beverage services shall be made only after such services have been provided to the patrons by the business. 22) 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. 23) 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 Resolution No. 13-____ Downey Planning Commission PLN-13-00141 (CUP) – 9021 Firestone Blvd August 7, 2013 – Page 6 by any Police Officer or other City official charged with the enforcement of the City’s laws, ordinances, or regulations. 24) All promotions of the business shall be conducted under direct control of the business owner. There shall be no outside promoters of live entertainment or night club activity at any time. 25) 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. 26) 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). 27) The applicant 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. 28) The applicant shall be responsible for monitoring the bar area to prevent anyone from smoking inside the building and outdoor in the dining area, pursuant to section 6404.5(b) of the California Labor Code. 29) There shall be no unpermitted signage or advertising of any kind on the building, 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. 30) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or any property adjacent to the licensed premises. 31) 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.