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HomeMy WebLinkAbout3. PLN-14-00078 (193 Stonewood) STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: MAY 21, 2014 TO: PLANNING COMMISSION FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-14-00078 (CONDITIONAL USE PERMIT) – A REQUEST TO MODIFY THE PREVIOUSLY APPROVED CONDITIONAL USE PERMIT TO ALLOW BUFFALO WILD WINGS RESTAURANT TO INCREASE THEIR ALLOWED HOURS OF ALCOHOL SERVICE TO 1:30 A.M. LOCATION: 193 STONEWOOD STREET (AIN 6285-031-092) ZONING: SP 89-1 (STONEWOOD SPECIFIC PLAN) REPORT SUMMARY The proposed Land Use Permit Application (PLN-14-00078) is a request from Buffalo Wild Wings Restaurant to increase their allowed hours of alcohol service from 1:00 a.m. to 1:30 a.m. The subject restaurant is located within a 7,386 square foot space of the Stonewood Center. 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-14-00078 (REVISION ‘A’ TO CONDITIONAL USE PERMIT PLN-10-08129), THEREBY ALLOWING A RESTAURANT (BUFFALO WILD WINGS), WHICH IS CURRENTLY OPERATING WITH A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE, TO INCREASE THEIR ALLOWED HOURS OF ALCOHOL SERVICE TO 1:30 A.M., ON PROPERTY ZONED SP 89-1 (STONEWOOD SPECIFIC PLAN ). BACKGROUND The subject site is located on the northeast corner of Lakewood Blvd and Firestone Blvd. It is improved with a 944,642 square foot, shopping mall (Stonewood Center) and is zoned SP 89-1 (Stonewood Specific Plan) with a General Plan Land Use Designation of “General Commercial”. The surrounding land uses include commercial uses to the south of the site (across Firestone Blvd), single-family residential to the north, a gasoline service station and apartment complexes across Woodruff Ave to the east of the project site. Office buildings and a fast food restaurant exist on the opposite side of Lakewood Blvd to the west. PLN-14-00078 (CUP) – 193 Stonewood St May 21, 2014 - Page 2 On January 5, 2011, the Planning Commission approved Conditional Use Permit No. PLN-10- 08129, thereby allowing Buffalo Wild Wings Restaurant to operate with an Alcoholic Beverage Control Type 47 (On-Sale General, Eating Place) license within a 7,386 square foot tenant space. On April 7, 2014, Mr. Mike Ayaz, a representative for Buffalo Wild Wings Restaurant, submitted a Land Use Permit Application requesting approval of a Conditional Use Permit (PLN-14-00078) to increase the hours of alcohol service at the restaurant. After a careful review of the proposal, staff deemed the application complete on May 5, 2014. On May 8, 2014, 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. DISCUSSION/ANALYSIS The existing 7,386 square foot restaurant operates with a Department of Alcoholic Beverage Control (ABC) Type 47 (On-Sale General, Eating Place) license. PLN-14-00078 is a request by Buffalo Wild Wings to increase the hours of alcohol service from 1:00 a.m. to 1:30 a.m. In addition, Buffalo Wild Wings Restaurant may have to obtain approval from ABC to extend alcohol service for an additional one-half hour. According to Mr. Ayaz, the requested conditional use permit will allow the restaurant to increase its sales revenues significantly, especially in the late evening hours. However, State of California Department of Alcoholic Beverage Control regulations stipulate that the gross sales of alcohol shall not exceed the gross sales of food. The applicant will be required to provide evidence that the gross sales of food exceed 50% the gross sale of alcohol. Buffalo Wild Wings Restaurant hours of operation will remain seven (7) days a week, between 9:00 a.m. and 2:00 a.m. as approved under PLN-10-08129. However, if the Planning Commission approves PLN-14-00078, the sales of alcoholic beverages will stop at 1:30 a.m. The one-half hour gap will allow customers to finish their meals and drinks and leave the restaurant by 2:00 a.m. Furthermore, staff has discussed the proposed request with the Downey Police Department during our regular Development Review Committee meeting and the Police Department expressed no concern or opposition about the extended 30 minutes. After carefully reviewing the application, staff supports the request to cease alcohol service at 1:30 a.m., subject to conditions of approval of PLN-10-08129 and PLN-14-00078. It is staff’s opinion that allowing the subject restaurant to serve alcohol until 1:30 a.m. is consistent with other establishments that have been approved in the past. 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 CEQA. Class 1 consists of projects that involve no or negligible expansion of the existing use. The proposed request to increase the hours of alcohol service is occurring within an existing tenant space; thereby this request qualifies for this exemption. PLN-14-00078 (CUP) – 193 Stonewood St May 21, 2014 - Page 3 FINDINGS Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving PLN-14-00078. 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 increase the hours of alcoholic service at the subject site will not adversely affect the purpose and intent of the General Plan or general welfare of persons residing or working in the area because Buffalo Wild Wings restaurant, which operates with a Type 47 (On-Sale General, Eating Place) Alcohol Beverage Control license, was previously allowed by a conditional use permit (PLN-10-08129). Approving the request will provide an additional convenience to patrons of the restaurant since it will allow another venue for the public to enjoy while also providing the sale alcoholic beverages 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 requested to increase hours of alcohol service to the existing restaurant does not adversely affect the adjoining land uses since it conforms to the Stonewood Specific Plan (SP 89-1) and the use of alcoholic beverages is permitted by a conditional use permit (PLN-10-08129). Under this application, the applicant is merely requesting to extend the hours of alcohol service from 1:00 a.m. to 1:30 a.m. In addition, all conditions of approval from PLN-10-08129 will remain active and in full force. 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 adequate to allow the expansion to the hours of alcohol service to the restaurant in a manner not detrimental to the area because said restaurant will not alter or add floor area to the existing space. In addition, the size and shape of the site have been approved through the Stonewood Specific Plan (SP 89-1) and have not changed since its adoption. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Firestone Boulevard serves the project site. It is classified as a Major Arterial Highway on the City’s Master Plan of Streets and Highways. Firestone Boulevard contains three lanes in each direction. It would be able to absorb any additional traffic the requested use may create. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area due to the size of the project which is replacing an existing service use, and the commercial nature of the proposed use at an existing shopping center. PLN-14-00078 (CUP) – 193 Stonewood St May 21, 2014 - Page 4 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-14-00078 (Conditional Use Permit), thereby allowing Buffalo Wild Wings, which operates with a Type 47 (On-Sale General, Eating Place) Alcohol Beverages Control license, to increase their hours of alcohol service to 1:30 a.m., subject to all conditions of approval. PLN-14-00078 (CUP) – 193 Stonewood St May 21, 2014 - Page 5 Exhibits Location Aerial Photograph Buffalo Wild Wings Restaurant PLN-14-00078 (CUP) – 193 Stonewood St May 21, 2014 - Page 6 500’ Radius Map Zoning Map SP 91-2 R-1 7500 RESOLUTION NO. 14-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00078 (REVISION ‘A’ TO CONDITIONAL USE PERMIT PLN- 10-08129), THEREBY ALLOWING A RESTAURANT (BUFFALO WILD WINGS), WHICH IS CURRENTLY OPERATING WITH A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE, TO INCREASE THEIR ALLOWED HOURS OF ALCOHOL SERVICE TO 1:30 A.M., ON PROPERTY 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. On April 7, 2014, Mr. Mike Ayaz (hereinafter "applicant"), filed a Land Use Permit Application requesting Planning Commission approval of PLN-14-00078 (Revision ‘A’ to Conditional Use Permit No. PLN-10-08129), to increase the allowed hours of alcohol service from 1:00 a.m. to 1:30 a.m. for Buffalo Wild Wings Restaurant, on property at 193 Stonewood Street, zoned SP 89-1 (Stonewood Specific Plan) (hereinafter “subject property”) (AIN 6285-031-092); B. On May 8, 2014, notice of the 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 May 21, 2014 and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 14-____, 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: A. That the requested conditional use permit to increase the hours of alcoholic service at the subject site will not adversely affect the purpose and intent of the General Plan or general welfare of persons residing or working in the area because Buffalo Wild Wings restaurant, which operates with a Type 47 (On-Sale General, Eating Place) Alcohol Beverage Control license, was previously allowed by a conditional use permit (PLN-10-08129). Approving the request will provide an additional convenience to patrons of the restaurant since it will allow another venue for the public to enjoy while also providing the sale of alcoholic beverages in conjunction with the sale of meals. B. That the requested to increase hours of alcohol service to the existing restaurant does not adversely affect the adjoining land uses since it conforms to the Stonewood Specific Plan (SP 89-1) and the use of alcoholic beverages is permitted by a conditional use permit (PLN-10-08129). Under this application, the applicant is merely requesting to extend the hours of alcohol service from 1:00 a.m. to 1:30 a.m. Resolution No. 14-____ Downey Planning Commission PLN-14-00078 (CUP) – 193 Stonewood St May 21, 2014 - Page 2 In addition, all conditions of approval from PLN-10-08129 will remain active and in full force. C. That the and shape of the subject property is adequate to allow the expansion to the hours of alcohol service to the restaurant in a manner not detrimental to the area because said restaurant will not alter or add floor area to the existing space. In addition, the size and shape of the site have been approved through the Stonewood Specific Plan (SP 89-1) and have not changed since its adoption. D. Firestone Boulevard serves the project site. It is classified as a Major Arterial Highway on the City’s Master Plan of Streets and Highways. Firestone Boulevard contains three lanes in each direction. It would be able to absorb any additional traffic the requested use may create. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area due to the size of the project which is replacing an existing service use, and the commercial nature of the proposed use at an existing shopping center. 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-14-00078 (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 21st day of May, 2014. Robert Kiefer, 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 21st day of May, 2014, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Resolution No. 14-____ Downey Planning Commission PLN-14-00078 (CUP) – 193 Stonewood St May 21, 2014 - Page 3 PLN-14-00078 REVISION ‘A’ TO PLN-10-08129) EXHIBIT A – CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN-14-00078 (Conditional Use Permit), allows Buffalo Wild Wings Restaurant at 193 Stonewood Street, Downey, to serve alcoholic beverages until 1:30 a.m. 2) The sales of alcoholic beverages shall stop at 1:30 a.m., which is one-half (1/2) hour before closing time at 2 a.m. 3) The Owner/Applicant and Licensee shall responsible to obtain any and all required Police Department permits for this Conditional Use Permit, within thirty (30) days of the Planning Commission’s approval of PLN-14-00078. 4) The Owner/Applicant and Licensee shall comply with and strictly adhere to all conditions of any permit issued by the Los Angeles County Health Department and any applicable regulations from California State Department of Alcoholic Beverage Control (“ABC”). 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) All conditions of approval of PLN-10-08129 shall be complied with before this Conditional Use Permit become 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. H:\Community Development\Nguyen\CASES\CUP\2014\193 Stonewood (Buffalo.W.Wings) revision A\PLN-14-00078 reso.doc