HomeMy WebLinkAbout1. PLN-16-00060 - 9510 Lakewood BlvdDATE: MAY 4, 2016
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: MONICA ESPARZA, ASSOCIATE PLANNER
SUBJECT: PLN-16-00060 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
A TYPE 41 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO
PERMIT THE ON-SITE SALE AND CONSUMPTION OF BEER AND
WINE AT A NEW RESTAURANT (POACHED KITCHEN)
LOCATION: 9510 LAKEWOOD BLVD
ZONING: C-2 (GENERAL COMMERCIAL) & P-B (PARKING BUFFER)
REPORT SUMMARY
Dimitrios Papantonopoulos (hereinafter referred to as “the applicant”) is requesting a conditional
use permit to allow a restaurant to operate with a State of California, Department of Alcoholic
Beverage Control (ABC) Type 41 (On-site beer and wine – Eating place) license at “Poached
Kitchen”, located at 9510 Lakewood Boulevard. Pursuant to Code Section 9314.04, alcohol
sales within a restaurant are permitted with the approval of a Conditional Use Permit in the C-2
zone. Based on the analysis contained in this report, staff is recommending that the Planning
Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-16-00060 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A
TYPE 41 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO PERMIT THE ON-
SITE SALE AND CONSUMPTION OF BEER AND WINE AT A NEW RESTAURANT
(POACHED KITCHEN) LOCATED AT 9510 LAKEWOOD BOULEVARD AND ZONED C-2
(GENERAL COMMERCIAL)
BACKGROUND
The project site is located on the southeast corner of Lakewood Boulevard and Gallatin Road.
The property is currently zoned PB (Parking Buffer) along 60 feet of the south property line,
along 60 feet of the east property line, and C-2 (General Commercial) in the northwest portion of
the site.
Agenda Page 1
On June 12, 2015, the City of Downey approved The Commons at Gallatin Road. Although the
site is currently under construction, when completed, the 150,400-square-foot lot will include two
(2) restaurants totaling 2,000 square feet each, one (1) drive-thru café, and one (1) large
restaurant totaling 12,144 square feet. Poached Kitchen has an area of 2,000-square-feet and is
situated between the second aforementioned 2,000-square-foot restaurant and the drive-thru
café. The surrounding properties include a McDonald’s and Ralph’s shopping center to the north
of the site; the Crossroads development project which includes a fitness center, drive-thru
restaurant and retail to the west; northwest of the site is Chris & Pitt’s restaurant and multiple-
family residential; single-family residential is located to the east of the site.
On March 8, 2016, the applicant submitted a Land Use Application to obtain the Planning
Commission’s approval for a conditional use permit to allow the sale and on-site consumption of
beer and wine in conjunction with the operations of the restaurant. Staff completed review of the
submitted materials on April 4, 2016 and deemed the application complete. On April 20, 2016,
staff mailed notice of the pending public hearing to all property owners within 500 feet of the
subject site and the notices were also published in the Downey Patriot.
DISCUSSION
According to the applicant, Poached Kitchen features traditional American breakfast and lunch
dishes distinguished by locally grown produce, free range eggs, and humanely raised meat
options. Patrons will be able to order items at the service counter and receive their food at any
of the tables on the interior or exterior patio of the restaurant. Patrons will also be able to get to-
go orders, although alcohol will only be sold for on-site consumption. The applicant plans to host
approximately 240 to 300 patrons daily. Poached Kitchen will not serve beer or wine without a
food order and the sales associated with beer and wine will not exceed the sale of food.
Signage will be posted along the outdoor patio to ensure that no alcohol is taken off-site. The
hours of operation for Poached Kitchen are from 6:00 a.m. – 11:00 p.m., daily.
Pursuant to Code Section 9314.04, alcohol sales within a restaurant are permitted with the
approval of a conditional use permit in the C-2 zone. This requires the applicant to obtain a
Type 41 Alcoholic Beverage Control (ABC) license. According to the California State
Department of Alcoholic Beverage Control (ABC), a Type 41 license is classified by the
following:
“On-Sale Beer and Wine – Eating Place – (Restaurant) Authorizes the sale of beer and
wine for consumption on or off the premises where sold. Distilled spirits may not be on
the premises (except brandy, rum, 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.”
Upon review of the application materials, staff supports the request for a conditional use permit
to allow the on-site sale and consumption of beer and wine at Poached Kitchen.
DEVELOPMENT REVIEW COMMITTEE
On March 24, 2016, this project was reviewed by the Development Review Committee (DRC).
The Fire Department provided standard conditions of approval and expressed no concerns
about the proposed ABC license. The Police Department requested that signage be required to
prohibit the off-site consumption of alcohol. The Planning and Building & Safety Divisions
Agenda Page 2
developed conditions during the application review process. Public Works did not express any
concerns.
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 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, 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 in that this site has already been approved for
commercial development to serve the surrounding neighborhood. The added sales of
alcohol will complement the new use of the restaurant.
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 complement the 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.
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.
Agenda Page 3
The subject property is approximately 150,040 square feet. The 2,000-square-foot
restaurant will be situated along Lakewood Boulevard. Since the development on the
site has already been approved, the request to serve alcohol will only enhance the
proposed restaurant 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 traffic generated by the new restaurant was taken into consideration during the review
for development on the entire site. This added proponent for beer and wine sales 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. Furthermore, staff believes the proposed use meets all
of the findings required to approve PLN-16-00060 (Conditional Use Permit). As such, staff
recommends that the Planning Commission adopt the resolution approving PLN-16-00060,
subject to the conditions of approval as stated the Planning Commission Resolution.
EXHIBITS
A. Aerial Photograph & Zoning Map
B. Draft Resolution
C. Site Plan
Agenda Page 4
Exhibit ‘A’ - Maps
AERIAL PHOTOGRAPH
Agenda Page 5
ZONING MAP
Subject Site
Agenda Page 6
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Agenda Page 9
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RESOLUTION NO. 16-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-16-00060 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A
TYPE 41 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO PERMIT THE ON-
SITE SALE AND CONSUMPTION OF BEER AND WINE AT A NEW RESTAURANT
(POACHED KITCHEN) LOCATED AT 9510 LAKEWOOD 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 Dimitrios Papantonopoulos (Poached Kitchen),
requesting approval of a Conditional Use Permit (PLN-16-00060), to allow a new
restaurant to operate with an ABC Type 41 license, on the property 9510
Lakewood Boulevard, Downey, and zoned C-2 (General Commercial) and PB
(Parking Buffer);
B. On April 20, 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 May 4, 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, 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 in that this site has already been approved for commercial
development to serve the surrounding neighborhood. The added sales of alcohol will
complement the new use of the restaurant.
Agenda Page 11
Resolution No. 16-
Downey Planning Commission
PLN-16-00060 – 9510 Lakewood Blvd
May 4, 2016 - Page 2
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 complement the 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.
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 approximately 150,040 square feet. The 2,000-square-foot
restaurant will be situated along Lakewood Boulevard. Since the development on the
site has already been approved, the request to serve alcohol will only enhance the
proposed restaurant 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 traffic generated by the new restaurant
was taken into consideration during the review for development on the entire site. This
added proponent for beer and wine sales 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-16-00060, 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.
(Signatures on next page)
Agenda Page 12
Resolution No. 16-
Downey Planning Commission
PLN-16-00060 – 9510 Lakewood Blvd
May 4, 2016 - Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of May 2016.
Matias Flores, 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 4th day of May 2016,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 13
Resolution No. 16-
Downey Planning Commission
PLN-16-00060 – 9510 Lakewood Blvd
May 4, 2016 - Page 4
CONDITIONS OF APPROVAL
PLN-16-00060 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of Conditional Use Permit (PLN-15-00060) permits the operation of a
restaurant with an ABC Type 41 (On-Sale Beer and Wine, Eating Place) license.
2) 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.
3) 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.
4) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
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 permitted hours of operation of the business are 6:00 a.m. until 11:00 p.m., seven (7)
days a week.
7) Customers shall not be within the business after the specified closing time.
8) There shall be no live entertainment within the business at any time.
9) Alcoholic beverages shall not be sold for off-site consumption.
10) The sale of alcohol shall be incidental to the sale of food.
11) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
Director of Community Development, the applicant shall provide evidence that the gross
sales of food exceed the gross sale of alcohol.
Agenda Page 14
Resolution No. 16-
Downey Planning Commission
PLN-16-00060 – 9510 Lakewood Blvd
May 4, 2016 - Page 5
12) The kitchen shall remain open to serve a full menu at all times the business is open. The
service/sale of prepackaged foods, salads, or sandwiches is not considered to be in
compliance with this condition.
13) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
14) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
BUILDING
15) Any proposed on-site improvements shall comply with the 2014 California Building Code
and Title 24 of the California Energy Code.
POLICE
16) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
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). Signs
shall be posted along the exterior patio and shall also include verbiage prohibiting the
possession and consumption of alcohol outside the premises.
18) The owner/applicant shall not permit any loitering on the subject site.
19) 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.
20) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
21) 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
22) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
23) Approved occupant load signage shall be installed in accordance with CFC 2013 Section
1004.3.
24) Installation of approved Fire Department premises (address) identification (if not already
in place and meeting current code) [CA Fire Code 505].
Agenda Page 15
Resolution No. 16-
Downey Planning Commission
PLN-16-00060 – 9510 Lakewood Blvd
May 4, 2016 - Page 6
25) Installation of approved Fire Department acces s – Knox Box [CA Fire Code 506].
26) Additional required fire code requirements may be required at time of plan review and/or
field inspection.
PUBLIC WORKS
27) Ensure that all permits and approvals are obtained.
END OF CONDITIONS
Agenda Page 16