Loading...
HomeMy WebLinkAbout2. PLN-13-00163 - 8558 Firestone STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: SEPTEMBER 18, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-13-00163 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A RESTAURANT (WINGSTOP) WITH ALCOHOL SALES (ABC LICENSE TYPE 41, ON-SALE BEER & WINE – EATING PLACE) LOCATION: 8558 FIRESTONE BLVD (AIN 6255-004-029) ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY The proposed Land Use Permit Application (PLN-13-00163) is a request for approval of a conditional use permit to allow the sale of alcoholic beverages at a new restaurant (Wingstop). The approval of the conditional use permit will allow the owner of the restaurant to sell alcoholic beverages in conjunction with the restaurant, under the guidelines for a California Department of Alcoholic Beverage Control Type 41 license. 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 PLN-13-00163 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A RESTAURANT (WINGSTOP) TO OPERATE WITH A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TYPE 41 (ON-SALE BEER & WINE - EATING PLACE), ON PROPERTY LOCATED AT 8558 FIRESTONE BOULEVARD, ZONED C-2 (GENERAL COMMERCIAL). BACKGROUND On July 24, 2013, Ms. Sheryl Brady, representative for the business owner, submitted a Land Use Permit Application to obtain approval of a conditional use permit (PLN-13-00063) to sell alcoholic beverages in conjunction with a new restaurant (Wingstop) at 8558 Firestone Boulevard in Downey. Formerly used as a take-out restaurant (Togo’s), the applicant is planning to reconfigure the layout of the tenant space by converting the floor area into the Wingstop Restaurant. The applicant hopes that incorporating beer and wine sales to accommodate their patrons will improve their business. Conditional Use Permit (PLN-13-00163) – 8558 Firestone Blvd September 18, 2013 - Page 2 The subject site contains two (2) parcels totaling approximately 72,695 square feet. It is located at the southwest corner Firestone Boulevard and Patton Road. The site is improved with a 12,000 square foot Petco store and a 9,600 square foot single-story multi-tenant retail/office building. Wingstop Restaurant will occupy a 1,608 square foot space that is located at the middle of the building. The parking lot is comprised of 96 parking spaces that border the north and east sides of the buildings. The site is zoned C-2 (General Commercial) with a General Plan Land Use designation of General Commercial. The surrounding uses include Downey High School to the north of the site. To the east are Ralph’s supermarket, Boston’s Market Restaurant and a dental office. The west side of the project site is currently being developed with a home loan center (Wells Fargo Bank) and a restaurant. Finally, Southern Pacific Railroad and Downey Regional Medical Hospital exist just south of the subject site. After a careful review of the proposal, staff deemed the application complete on August 15, 2013. On September 5, 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 Section 9314.04 of the Downey Municipal Code requires a conditional use permit for restaurants, cafes, and coffee establishments with alcohol sales. Therefore, an approval of the proposed conditional use permit would allow the applicant to sell alcoholic beverages in conjunction with the restaurant, under the guidelines for a Type 41 Department of Alcoholic Beverage Control license. A Type 41 license and its basic privileges are described as follows: “On-Sale Beer and Wine – Eating Place – (Restaurant) Authorizes the sale of beer and wine for consumption on the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises.” Conditional Use Permit (PLN-13-00163) – 8558 Firestone Blvd September 18, 2013 - Page 3 The operation that Wingstop Restaurant proposes will satisfy this requirement. The hours of operation for the restaurant are 10:30 a.m. to midnight daily. 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 exceeds 50% of the gross sales of alcohol. Alcohol shall only be served within the confines of the restaurant; as such, no alcohol will be served outdoors or outside of the premises. In evaluating the application, staff supports the request for the sale of alcoholic beverages in conjunction with Wingstop Restaurant. However, to mitigate any potential impacts and to avoid future problems, staff has recommended a condition requiring that customers shall not gather in the restaurant’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 restaurant with the sale of alcohol beverages will not have a significant effect on the environment; 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-13-00163. 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 for the sale of alcoholic beverages in conjunction with a restaurant will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is within the C-2 (General Commercial) zone, which is intended to provide for and encourage the orderly development of commercial uses, with a wide variety of goods and services, for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development. The requested conditional use permit will allow a Type 41 (On-Sale General, Beer and Wine -Eating Place) alcohol license at the restaurant but will not adversely affect the purpose and intent of the Zoning Code 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 that 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. Conditional Use Permit (PLN-13-00163) – 8558 Firestone Blvd September 18, 2013 - Page 4 The proposed conditional use permit will not adversely affect the adjoining land uses since the proposed use conforms to its C-2 (General Commercial) zone development standards. The alcohol license will compliment the proposed restaurant and surrounding commercial uses and will serve the public with a use that the Zoning Code deems appropriate for uses within the C-2 zone. 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 size and shape of the subject property is generally adequate to allow a new restaurant in a manner not detrimental to the area since the proposed business does not include further expansion of the existing building and because the site has sufficient off- street parking to meet the City’s development standards. 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 accessible from Firestone Boulevard and Patton Road. Firestone Boulevard is a major arterial, which serves as a through route for traffic crossing the City. Staff has reviewed the proposal and any potential 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 minimal increase in traffic that the business might generate. 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-13-00163 (Conditional Use Permit), thereby allowing a restaurant (Wingstop) to operate with a Department of Alcoholic Beverage Control (ABC) License Type 41 (On-Sale Beer & Wine – Eating Place), subject to the conditions of approval. Conditional Use Permit (PLN-13-00163) – 8558 Firestone Blvd September 18, 2013 - Page 5 Exhibits Location Aerial Photograph Subject Property Conditional Use Permit (PLN-13-00163) – 8558 Firestone Blvd September 18, 2013 - Page 6 500’ Radius Map Zoning Map RESOLUTION NO. 13-_____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00163 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A RESTAURANT (WINGSTOP) TO OPERATE WITH A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TYPE 41 (ON-SALE BEER & WINE - EATING PLACE), ON PROPERTY LOCATED AT 8558 FIRESTONE BOULEVARD, 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 Ms. Sheryl Brady (hereinafter "applicant") requesting Planning Commission approval of PLN-13-00163 (Conditional Use Permit), to sell alcoholic beverages (ABC Type 41) in conjunction with a new restaurant (Wingstop), on property located 8558 Firestone Boulevard, and zoned C-2 (General Commercial); and B. On September 5, 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 September 18, 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 for the sale of alcoholic beverages in conjunction with a restaurant will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is within the C-2 (General Commercial) zone, which is intended to provide for and encourage the orderly development of commercial uses, with a wide variety of goods and services, for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development. The requested conditional use permit will allow a Type 41 (On-Sale General, Beer and Wine - Eating Place) alcohol license at the restaurant but will not adversely affect the purpose and intent of the Zoning Code 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 that serves the Resolution No. 13-____ Downey Planning Commission PLN-13-00163 (CUP) – 8558 Firestone Blvd September 18, 2013 – Page 2 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. 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 conforms to its C-2 (General Commercial) zone development standards. The alcohol license will compliment the proposed restaurant and surrounding commercial uses and will serve the public with a use that the Zoning Code deems appropriate for uses within the C-2 zone. 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 size and shape of the subject property is generally adequate to allow a new restaurant in a manner not detrimental to the area since the proposed business does not include further expansion of the existing building and because the site has sufficient off-street parking to meet the City’s development standards. 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 accessible from Firestone Boulevard and Patton Road. Firestone Boulevard is a major arterial, which serves as a through route for traffic crossing the City. Staff has reviewed the proposal and any potential 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 minimal increase in traffic that the business might generate. 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-13-00163 (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 18th day of September, 2013. Louis Morales, Chairman City Planning Commission Resolution No. 13-____ Downey Planning Commission PLN-13-00163 (CUP) – 8558 Firestone Blvd September 18, 2013 – Page 3 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 18th day of September, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Resolution No. 13-____ Downey Planning Commission PLN-13-00163 (CUP) – 8558 Firestone Blvd September 18, 2013 – Page 4 PLN-13-00163 (CONDITIONAL USE PERMIT) EXHIBIT A – CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN-13-00163 (Conditional Use Permit) allows the operation of a restaurant (Wingstop) and a State of California Department of Alcoholic Beverage Control Type 41 (On-Sale Beer & Wine - Eating Place) license, on property at 8558 Firestone Boulevard. 2) The permitted hours of operation of the business shall be from 10:30 a.m. until midnight, seven (7) days a week. 3) The service of alcohol and live entertainment shall cease no later than 12:00 a.m. 4) Customers shall not be within the business after the specified closing time. 5) 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. 6) Alcohol shall not be sold for off-site consumption. 7) 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. 8) 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. 9) 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. 10) 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. Resolution No. 13-____ Downey Planning Commission PLN-13-00163 (CUP) – 8558 Firestone Blvd September 18, 2013 – Page 5 11) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. POLICE 12) Prior to commencement of business, the applicant shall obtain a Police Permit for the live entertainment. 13) 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. 14) 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. 15) 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. 16) 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. 17) 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). 18) 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. 19) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or any property adjacent to the licensed premises. 20) 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.