HomeMy WebLinkAbout2. PLN-16-00065 - 9243 Lakewood BlSTAFF REPORT
PLANNING DIVISION
DATE: MAY 4, 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-16-00065 (CONDITIONAL USE PERMIT) - A REQUEST TO
ALLOW AN EXISTING RESTAURANT TO OPERATE WITH AN
ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 47 LICENSE
LOCATION: 9243 LAKEWOOD BOULEVARD
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
PLN-16-00064 is a request to allow an existing restaurant (Chris & Pitts) to operate with a State
of California Department of Alcoholic Beverage Control (ABC) Type 47 license (On-Sale
General – Eating Place). The subject restaurant is currently operating with an ABC Type 41
(On-Sale Beer & Wine – Eating Place) license. 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-16-00065 (CONDITIONAL USE PERMIT): A REQUEST TO
ALLOW AN EXISTING RESTAURANT TO OPERATE WITH A STATE OF
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE 47
(ON-SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT
9243 LAKEWOOD BOULEVARD AND ZONED C-2 (GENERAL COMMERCIAL)
BACKGROUND
The subject site is located at the northwest corner of Lakewood Boulevard and Gallatin Road
and is zoned C-2 (General Commercial). It measures approximately 22,772 square feet and has
189 feet of frontage along Gallatin Road and 99 feet on Lakewood Boulevard.
The site is improved with a 5,500 square foot one-story restaurant structure that contains a
kitchen, a storage room, a walk-in cooler, a banquet room, dining area, and public restrooms for
men and women. Other site improvements include thirty-two (32) parking spaces distributed
throughout the property.
Agenda Page 1
PLN-16-00065 – 9243 Lakewood Blvd
May 4, 2016 - Page 2
The surrounding properties include an in-line office building to the north, a residential condominium
complex to the west of the subject site, and a commercial center on the east side of the project
site (across from Lakewood Blvd). New commercial projects are under construction on properties
located at the southeast and southwest corners of the Lakewood/Gallatin intersection.
On March 14, 2016, the applicant submitted a Land Use Permit Application to obtain the
Planning Commission’s approval of a conditional use permit to upgrade their ABC license from
a Type 41 to a Type 47 at their restaurant. Staff completed its review of the application on April
12, 2016, and deemed it complete. On April 21, 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
Chris & Pitts Restaurant is currently operating with an ABC Type 41 license and without a
conditional use permit. The City of Downey did not require a conditional use permit for the sale
of alcoholic beverages under the previous Zoning Code; therefore, Chris & Pitts has operated as
a nonconforming use since the current Zoning Code was adopted in October 2008. Pursuant to
Section 9314.04, Table 9.3.5 of the Downey Municipal Code, the sale of alcoholic beverages
requires approval of a conditional use permit by the Planning Commission. Under PLN-16-00065
application, Chris & Pitts seeks to upgrade their ABC license from a Type 41 to a Type 47.
The proposed conditional use permit will allow Chris & Pitts Restaurant to operate in compliance
with the current Code requirements. 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:
Wednesday – Monday: 11:00 a.m. – 10:00 p.m.
Tuesday: Closed
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 – MARCH 24, 2016
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-16-00065 – 9243 Lakewood Blvd
May 4, 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 47 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 requested 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 47 (On-Sale General - 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, wine, and distilled spirits 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 subject restaurant is currently operating with an ABC Type 41 license.
Upgrading to a Type 47 license will compliment the existing 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-16-00065 – 9243 Lakewood Blvd
May 4, 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 a 22,772 square foot rectangular-shaped parcel with 99 feet of
frontage along Lakewood Boulevard and 189 feet along Gallatin 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 5,500 square
foot restaurant building and thirty-two (32) off-street parking spaces. The proposed use
will be contained within an existing 1,450 square feet tenant space and it will not require
an expansion or any interior improvement of the space. Therefore, it will not impact the
existing uses on the site or other properties in the area.
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 Gallatin
Road. Since the business has been in operation since 1956, 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-16-00065 (Conditional
Use Permit) can be made in a positive manner. As such, staff recommends that the Planning
Commission adopt a resolution approving PLN-16-00065, subject to the conditions of approval
as stated the Planning Commission Resolution.
EXHIBITS
A. Vicinity Map & Site Photograph
B. Aerial Photograph & Zoning Map
C. Draft Resolution
Agenda Page 4
PLN-16-00065 – 9243 Lakewood Blvd
May 4, 2016 - Page 5
Exhibit ‘A’
PROJECT LOCATION
SITE PHOTOGRAPH
Agenda Page 5
PLN-16-00065 – 9243 Lakewood Blvd
May 4, 2016 - Page 6
Exhibit ‘B’
AERIAL PHOTOGRAPH
ZONING MAP
SUBJECT
PROPERTY
SUBJECT
PROPERTY
Agenda Page 6
RESOLUTION NO. 16-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-16-00065 (CONDITIONAL USE PERMIT): A REQUEST TO
ALLOW AN EXISTING RESTAURANT TO OPERATE WITH A STATE OF
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE 47
(ON-SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT
9243 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 Debbie Berry (Chris & Pitts Restaurant), requesting
approval of a Conditional Use Permit (PLN-16-00065), to allow an existing
restaurant to operate with an ABC Type 47 license, on property located at 9243
Lakewood Blvd, Downey, zoned C-2 (General Commercial);
B. On April 21, 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 requested 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 47 (On-Sale General - 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
Agenda Page 7
Resolution No. 16-____
Downey Planning Commission
PLN-16-00065 – 9243 Lakewood Blvd
May 4, 2016 - Page 2
convenience to patrons of the restaurant since it will allow for the sale of beer,
wine, and distilled spirits 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 subject restaurant is currently
operating with an ABC Type 41 license. Upgrading to a Type 47 license will
compliment the existing 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 a 22,772 square foot rectangular-
shaped parcel with 99 feet of frontage along Lakewood Boulevard and 189 feet
along Gallatin 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 5,500 square foot restaurant building and
thirty-two (32) off-street parking spaces. The proposed use will be contained
within an existing 1,450 square feet tenant space and it will not require an
expansion or any interior improvement of the space. Therefore, it will not impact
the existing uses on the site or other properties in the area.
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 Gallatin Road. Since
the business has been in operation since 1956, 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-16-00065,
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-16-00065 – 9243 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 9
Resolution No. 16-____
Downey Planning Commission
PLN-16-00065 – 9243 Lakewood Blvd
May 4, 2016 - Page 4
PLN-16-00065 (CONDITIONAL USE PERMIT)
CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-16-00065 (Conditional Use Permit) permits the operation of a
Department of Alcoholic Beverage Control (ABC) Type 47 license (On-Sale General –
Eating Place) within a 5,500 sq. ft. restaurant, on property at 9243 Lakewood Boulevard.
2) The permitted hours of operation of the business shall be 11:00 a.m. to 10:00 p.m.,
Wednesday through Monday.
3) Customers shall not be within the business, including the parking lot, after the specified
closing time.
4) 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.
5) 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.
6) 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.
7) 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.
8) Approval of this PLN-16-00065 (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 owner/applicant shall comply with all conditions of Conditional Use Permit (PLN-16-
00065), before this conditional use permit becomes valid.
10) 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.
Agenda Page 10
Resolution No. 16-____
Downey Planning Commission
PLN-16-00065 – 9243 Lakewood Blvd
May 4, 2016 - Page 5
11) The owner/applicant and licensee shall remove or paint over any graffiti painted or
unmarked upon the premises, within twenty-four (24) hours.
12) All signs shall comply with the requirements set forth in the Downey Municipal Code.
BUILDING
13) Any proposed on-site improvements shall comply with the 2013 California Building Code
and Title 24 of the California Energy Code.
POLICE
14) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
15) 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).
16) The owner/applicant shall not permit any loitering on the subject site.
17) 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.
18) The business owner/licensee shall be responsible for monitoring the business to prevent
anyone under the age of 21 from purchasing alcohol.
19) 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
20) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
Agenda Page 11