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HomeMy WebLinkAbout1. PLN-15-00222 11531 Bellflower BlSTAFF REPORT PLANNING DIVISION DATE: JANUARY 20, 2016 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-15-00222 (CONDITIONAL USE PERMIT) - A REQUEST TO ALLOW AN EXISTING RESTAURANT TO OPERATE WITH AN ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 41 LICENSE LOCATION: 11531 BELLFLOWER BOULEVARD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY PLN-15-00222 is a request to allow an existing restaurant to operate with a State of California Department of Alcoholic Beverage Control (ABC) Type 41 license (On-Sale, Beer & Wine – Public Eating Place). After reviewing the materials and information submitted with the Land Use Permit Application, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-15-00222 (CONDITIONAL USE PERMIT): A REQUEST TO ALLOW AN EXISTING RESTAURANT TO OPERATE WITH A STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE 41 (ON-SALE BEER & WINE, PUBLIC EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 11531 BELLFLOWER BOULEVARD AND Z ONED C-2 (GENERAL COMMERCIAL) BACKGROUND The subject site is located at the northwest corner of Bellflower Boulevard and Hall Road and is zoned C-2 (General Commercial). It measures approximately 11,000 square feet and has 112 feet of frontage along Hall Road and 92 feet on Bellflower Boulevard. The site is improved with a 1,224 square foot one-story restaurant structure that contains a kitchen, a storage room, a walk-in cooler, dining area, and public restrooms for men and women. Other site improvements include fourteen (14) parking spaces distributed throughout the property. Agenda Page 1 PLN-15-00222 – 11531 Bellflower Blvd January 20, 2016 - Page 2 The surrounding properties include an automobile repair shop to the north and a liquor store to the west of the subject site, a church on the south side of the subject site (across from Hall Road), and residential uses on the east side of the project site (across from Bellflower Blvd). On November 6, 2015, the applicant submitted a Land Use Permit Application to obtain the Planning Commission’s approval of a conditional use permit to sell alcoholic beverages for on- site consumption at their restaurant. Staff completed its review of the application on December 8, 2015, and deemed it complete. On January 6, 2016, staff mailed notice of the pending public hearing to all property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. DISCUSSION Section 9314.04 of the Downey Municipal Code requires a conditional use permit for restaurants, cafes, and coffee establishments to operate 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 an ABC Type 41 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.” The operation that Sunny’s Sushi & Grill Restaurant proposes will satisfy this requirement. However, it should be noted that the gross sales of alcohol shall not exceed the gross sales of food and at staff’s request, the applicant will be required to provide evidence that the gross sales of food exceeds the gross sales of alcohol. In addition, the applicant will be required to comply with ABC’s regulations. The hours of operation for the restaurant are as follows: Monday – Thursday: 11:00 a.m. – 9:00 p.m. Friday & Saturday: 11:00 a.m. – 10:00 p.m. Sunday: 2:00 p.m. – 9:00 p.m. In evaluating the application, staff supports the request for the sale of alcoholic beverages in conjunction with the existing 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. DEVELOPMENT REVIEW COMMITTEE – NOVEMBER 19, 2015 At the Development Review Committee (DRC) meeting, the Police and Fire Departments provided their standard conditions of approval and expressed no concerns about the proposed ABC license. However, the Police Department proposed a condition to prohibit loitering on the subject site. The Planning and Building & Safety Divisions developed their conditions during the application’s review process. The Public Works Department did not express any concerns and did not provide any conditions of approval for the project. Agenda Page 2 PLN-15-00222 – 11531 Bellflower Blvd January 20, 2016 - Page 3 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. It is staff’s opinion that the proposed ABC Type 41 license for the sale of alcoholic beverages will not have a significant effect on the environment; thereby staff feels that this request qualifies for this exemption. FINDINGS Pursuant to the requirements of the Municipal Code Section 9824.06 (Conditional Use Permit), staff recommends that the Planning Commission make the following findings to approve the request: 1. That the request Conditional Use Permit will not adversely affect the intent and purpose of this article 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 a 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. 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. Agenda Page 3 PLN-15-00222 – 11531 Bellflower Blvd January 20, 2016 - Page 4 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 property is an 11,000 square foot angular-shaped parcel with 92 feet of frontage along Bellflower Boulevard and 112 feet along Hall Road. The size and shape of the subject property are adequate to allow the full development of the proposed use in a manner not detrimental to the area because it is developed with a 1,224 square foot building and fourteen (14) off-street parking spaces. This represents a sufficient amount of parking for the restaurant and is not affected by the proposed conditional use. 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 Lakewood Boulevard (a major arterial), and is bordered by Bellflower Boulevard and Hall Road. Because the business has been in operation since 2010, 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. Traffic generated by the proposed conditional use permit will not impose an undue burden upon the 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 in this report, the proposed request to sell alcoholic beverages 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, staff believes that all the findings required to approve PLN-15-00222 (Conditional Use Permit) can be made in a positive manner. As such, staff recommends that the Planning Commission adopt a resolution approving PLN-15-00222, subject to the conditions of approval as stated the Planning Commission Resolution. EXHIBITS A. Vicinity Map & Site Photograph B. Aerial Photograph & Zoning Map C. Site Plan D. Draft Resolution Agenda Page 4 PLN-15-00222 – 11531 Bellflower Blvd January 20, 2016 - Page 5 Exhibit ‘A’ PROJECT LOCATION SITE PHOTOGRAPH Agenda Page 5 PLN-15-00222 – 11531 Bellflower Blvd January 20, 2016 - Page 6 Exhibit ‘B’ AERIAL PHOTOGRAPH ZONING MAP Be l l f l o w e r B l v d SUBJECT PROPERTY Hall Road SUBJECT PROPERTY Agenda Page 6 RESOLUTION NO. 16-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-15-00222 (CONDITIONAL USE PERMIT): A REQUEST TO ALLOW AN EXISTING RESTAURANT TO OPERATE WITH A STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE 41 (ON-SALE BEER & WINE, PUBLIC EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 11531 BELLFLOWER BOULEVARD AND 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 HKS Food, Inc. (Sunny’s Sushi & Grill), requesting approval of a Conditional Use Permit (PLN-15-00222), to allow an existing restaurant to operate with an ABC Type 41 license, on property at 11531 Bellflower Blvd, Downey, zoned C-2 (General Commercial); B. On January 6, 2016, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. C. The Planning Commission held a duly noticed public hearing on January 20, 2016 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. 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 request Conditional Use Permit will not adversely affect the intent and purpose of this article 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 Agenda Page 7 Resolution No. 16-____ Downey Planning Commission PLN-15-00222 – 11531 Bellflower Blvd January 20, 2016 - Page 2 convenience or general welfare of persons residing or working in the neighborhood because the site is developed as a 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. 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. C. 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 property is an 11,000 square foot angular- shaped parcel with 92 feet of frontage along Bellflower Boulevard and 112 feet along Hall Road. The size and shape of the subject property are adequate to allow the full development of the proposed use in a manner not detrimental to the area because it is developed with a 1,224 square foot building and fourteen (14) off-street parking spaces. This represents a sufficient amount of parking for the restaurant and is not affected by the proposed conditional use. D. 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 Lakewood Boulevard (a major arterial), and is bordered by Bellflower Boulevard and Hall Road. Because the business has been in operation since 2010, 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. Traffic generated by the proposed conditional use permit 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-15-00222, subject to the Conditions of Approval attached hereto as Exhibit A – Conditions, 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. Agenda Page 8 Resolution No. 16-____ Downey Planning Commission PLN-15-00222 – 11531 Bellflower Blvd January 20, 2016 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of January 2016. Hector Lujan, 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 20th day of January 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 9 Resolution No. 16-____ Downey Planning Commission PLN-15-00222 – 11531 Bellflower Blvd January 20, 2016 - Page 4 CONDITIONS OF APPROVAL PLN-15-00222 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN-15-00222 (Conditional Use Permit) permits the operation of a Department of Alcoholic Beverage Control (ABC) Type 41 license (On-Sale Beer & Wine – Eating Place) within a 1,224 sq. ft. restaurant, on property at 11531 Bellflower Blvd. Any deviations or exceptions from said site plan, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval by the Downey Planning Commission. 2) Customers shall not be within the business, including parking lot, after the specified closing time. 3) 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 the gross sale of alcohol. 4) 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. 5) 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. 6) 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. 7) Approval of this PLN-15-00222 (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. 8) The owner/applicant shall comply with all conditions of Conditional Use Permit (PLN-15- 00222), before this conditional use permit becomes valid. 9) All signs shall comply with the requirements set forth in the Downey Municipal Code. Agenda Page 10 Resolution No. 16-____ Downey Planning Commission PLN-15-00222 – 11531 Bellflower Blvd January 20, 2016 - Page 5 10) The Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. BUILDING 11) Any proposed on-site improvements shall comply with the 2014 California Building Code and Title 24 of the California Energy Code. POLICE 12) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 13) 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). 14) The owner/applicant shall not permit any loitering on the subject site. 15) 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. 16) The Licensee shall be responsible for monitoring the business to prevent anyone under the age of 21 from purchasing alcohol. 17) 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. FIRE 18) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. Agenda Page 11