HomeMy WebLinkAbout3. PLN-17-00136 9936 LakewoodSTAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 20, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: STEFANIE EDMONDSON, CONTRACT PLANNER
SUBJECT: CONDITIONAL USE PERMIT (PLN-17-00132) – A REQUEST TO ALLOW
AN ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 86 (TASTING)
LICENSE FOR AN EXISTING LIQUOR/RETAIL STORE CURRENTLY
OPERATING WITH A TYPE 21 (OFF SALE GENERAL) LICENSE
LOCATION: 9956 LAKEWOOD BLVD
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
Flower Huizar (hereinafter referred to as “the Applicant”) is requesting a Conditional Use Permit
to allow a State of California, Department of Alcoholic Beverage Control (ABC) Type 86
(Tasting) license at the “Trading Post” liquor/retail store located at 9956 Lakewood Boulevard.
Pursuant to Downey Municipal Code Section 9314.04, alcohol sales are permitted with the
approval of a conditional use permit in the C-2 (General Commercial) 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 CONDITIONAL USE PERMIT (PLN-17-00132) THEREBY
ALLOWING AN ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 86 (TASTING)
LICENSE FOR AN EXISTING LIQUOR/RETAIL STORE CURRENTLY
OPERATING WITH A TYPE 21 (OFF SALE GENERAL) LICENSE LOCATED AT
9956 LAKEWOOD BOULEVARD AND ZONED C-2 (GENERAL COMMERICAL)
BACKGROUND
The project site is located in the Woodlake Shopping Center on Lakewood Boulevard between
Florence Avenue and Lubec Street. The property is currently zoned C-2 (General Commercial)
and is located in the northeast portion of the site. Surrounding land uses are both commercial
and residential. Nearby commercial uses include a gas station, fast food establishments,
general retail and a mortuary. The nearby residential uses consist of single-family homes on
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Arrington Drive to the east and Tristan Drive to the west. The Trading Post tenant space is
located approximately120 feet from the nearest residence on Arrington Avenue.
On August 4, 2017, the Applicant submitted a Conditional Use Permit application to obtain the
Planning Commission’s approval for a Type 86 license to allow tastings within the store. On
August 31, 2017, staff completed the review of the submitted materials and deemed the
application complete. On September 7, 2017, staff mailed a 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
The store is currently operating with an ABC Type 21 license. The Type 21 license allows the
sale of alcohol for consumption off the premises where sold. The Applicant is now requesting
to add a Type 86 license to their business. The Type 86 license was enacted by the California
State Legislature and went into effect on January 1, 2011 adding Sections 23396.6 and
25503.56 to the California State Business and Professions Code. The Type 86 license allows
the ABC to issue a single “instructional tasting license” to any holder of an off-sale retail
license, thus doing away with the need for retailers/suppliers to get a permit for every
“instructional tasting” event.
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An instructional tasting event is intended to educate consumers on the subject of wine, beer,
or distilled spirits, including, but not limited to, the history, nature, values, and characteristics
of wine, beer, or distilled spirits, and the methods of presenting and serving wine, beer, or
distilled spirits. The Type 86 license would permit customers of legal age to sample beer,
wine, or distilled spirits at instructional tasting events during limited hours.
The instructional tasting of alcohol would be an accessory use to the established Type 21
license under which the store is currently allowed to sell alcoholic beverages. The proposed
instructional tasting would occur within a 10’-0” x 10’-0” area in the far right corner of the store
and would be separated by a rope, cord or chain which will serve as a temporary barrier during
the tasting event. Pursuant to state law, authorized instructional tastings are limited between
the hours of 10:00 am to 9:00 pm only. Alcoholic beverage tasting would only be offered to
customers of legal drinking age 21 years with valid identification. There would be no expansion
to the general operations of the existing store. As such, no new off-street parking is required as
part of this proposal. There would be no change in the number of employees.
Per the California State Business and Professions Code Section 23396.6:
(A) An instructional tasting event on the subject of wine or distilled spirits shall be limited to
not more than three tastings per person per day. A single tasting of distilled spirits shall
not exceed one-fourth of one ounce and a single tasting of wine shall not exceed one
ounce. An instructional tasting event on the subject of beer shall be limited to not more
than the tasting of eight ounces of beer per person per day. The wine, beer, or distilled
spirits tasted shall be limited to the products that are authorized to be sold by the
authorized licensee and the license holder under its off-sale license.
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(B) A beer and wine wholesaler may conduct an instructional tasting event but shall not
serve tastes of beer unless the beer and wine wholesaler also holds a beer
manufacturer's license, an out-of-state beer manufacturer's certificate, or more than six
distilled spirits wholesaler's licenses.
(C) No charge of any sort shall be made for the tastings.
(D) A person under 21 years of age shall not serve wine, beer, or distilled spirits at the
instructional tasting event.
(E) All tastes shall be served by an employee of the authorized licensee, the designated
representative of the authorized licensee, or by an employee of the designated
representative of the authorized licensee.
A Type 86 license does not limit the number of instructional tasting events a business may
conduct. However, the Applicant has proposed instructional tasting events once or twice a
month to last no more than three hours, including preparation and cleanup. Since two events
per month, meets the Applicant’s request and the CUP has been conditioned to be monitored
for six months, the project has been conditioned to allow two tasting events per month. The six
month review will consist of a monitoring report presented to the Planning Commission listing all
tasting events and any related nuisance or police activity.
The primary use of the establishment is a liquor/retail sales land use and would not be modified
as a result of an instructional tasting license. Instructional tasting events are temporary in nature
and are incidental to the primary use. Therefore, there would be no observable differences to
the use from beyond its structure and would not create any adverse impacts to the surrounding
property owners. A condition has been added to review the application in six months to ensure
no adverse impacts have occurred from the instructional tasting events.
The Trading Post currently operates between the hours of 7:00 a.m. to 12:00 a.m. seven days a
week. Pursuant to state law, authorized instructional tastings are limited to between the hours of
10:00 a.m. to 9:00 p.m. only. The proposed instructional tasting of alcoholic beverages would
not extend the hours for which alcoholic beverages are currently offered for sale.
DEVELOPMENT REVIEW COMMITTEE
On August 24, 2017, 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 provided conditions including: a
request that signs be posted at the business entrances identifying a zero-tolerance policy for
nuisance behavior and that possession and/or consumption outside the premises is prohibited;
that all employees selling or serving alcohol participate in an alcohol training program offered by
the ABC or equivalent prior to the operation of selling/serving alcohol; and that numbers for
alternative modes of transportation (taxis, Uber and Lyft) be posted in a conspicuous location.
The Planning and Building & Safety Divisions developed conditions during the application
review process. Public Works did not express any concerns.
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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 CEQA.
Class 1 consists of projects that involve no or negligible expansion of the existing use. The
proposed ABC Type 86 license for the tasting of alcoholic beverages will not expand the
existing business, thus this request qualifies for this exemption.
FINDINGS
Pursuant to the requirements of Downey 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 an ABC Type 86 (Instructional Tasting License)
to allow educational tastings of beer, wine and spirits will not adversely affect the
purpose and intent of the Downey Municipal Code, or the public convenience or general
welfare of persons residing or working in the neighborhood nearby. Since the proposed
use is compatible with the development patterns in the area, it is an appropriate use of
land in the C-2 (General Commercial) zone, and the size and shape of the subject
property meet the City’s development standards for the C-2 zone. As such, the use
satisfies the parking requirements for retail uses and there exists appropriate vehicular
access from Lakewood Boulevard.
The subject site has a General Plan Land Use Designation of General Commercial,
which is being implemented by the C-2 (General Commercial) zone. The goal of the
General Commercial area is intended to provide orderly commercial development with a
variety of uses. According to City records, the site has been a liquor/retail establishment
since at least 1988. The addition of an ancillary instructional tasting use, with strict ABC
regulations which limit serving size (one one-fourth of an ounce of distilled spirits, one
ounce of wine and no more than eight ounces of beer) person per day), within a limited
area (a cordoned off 10’ by 10’ space) within the existing store, and direct supervision
from the licensee or license holder; such use meets the intent of the C-2 zone and no
adverse impacts are anticipated to persons residing or working in the neighborhood.
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 requested conditional use permit will not adversely affect the adjoining land uses
and growth and development of the area since the existing shopping center was
constructed in 1979 and the entire area is built-out with commercial and residential
development. The addition of the Type 86 license does not expand the physical footprint
of the existing store or require new parking. The tastings will be conducted in the interior
of an existing business and tasting hours are limited between10:00 a.m. and 9:00 pm
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and limited to a maximum of two events per month. Subsequently, the addition of a Type
86 to the existing liquor/retail store will not adversely impact growth and development of
adjoining land uses.
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 approximately 24,111 square feet. The 1,800 square-foot
liquor/retail store is situated in shopping center that was developed in 1979 along a
commercial corridor (Lakewood Boulevard). Since the development on the site has
already been approved and has had a Type 21 license since 1988, the addition of the
ancillary Type 86 license does not expand an existing use and will not be detrimental to
the particular area.
4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
Potential traffic generated by the Type 86 tasting license was taken into consideration
during DRC review. The proposed instructional tastings are temporary events and will
not expand the use of the existing development nor increase traffic measurably to the
site. The added instructional tastings 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 obtain a Type 86
(Tastings) license for instructional tastings 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 complies with all of the findings required to
approve Conditional Use Permit (PLN-17-00132). The attached Conditions of Approval would
ensure that the use would not deviate from the planned operation reviewed under this
application. As such, staff recommends that the Planning Commission adopt the resolution
approving the Conditional Use Permit, subject to the conditions of approval contained therein.
EXHIBITS
A. Aerial Photograph/Location Map
B. Zoning Map
C. Draft Resolution
D. Floor Plan
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Exhibit ‘A’ – Location Map
9956 LAKEWOOD BOULEVARD
Project Site
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Exhibit ‘B’ – ZONING MAP
Project Site
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RESOLUTION NO. 17-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT (PLN-17-00132) THEREBY
ALLOWING AN ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 86 (TASTING)
LICENSE FOR AN EXISTING LIQUOR/RETAIL STORE CURRENTLY
OPERATING WITH A TYPE 21 (OFF SALE GENERAL) LICENSE LOCATED AT
9956 LAKEWOOD BOULEVARD AND ZONED C-2 (GENERAL COMMERICAL)
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 August 4, 2017, an application was filed by Flower Huizar (Trading Post)),
requesting approval of a Conditional Use Permit (PLN-17-00132), to allow a State
of California, Department of Alcoholic Beverage Control (ABC) Type 86 (Tasting)
license at “Trading Post” liquor/retail store on property located at 9956 Lakewood
Boulevard, and zoned C-2 (General Commercial); and
B. On August 31, 2017, the application was deemed complete; and
C. On September 7, 2017, 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; and
D. The Planning Commission held a duly noticed public hearing on September 20,
2017 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 an ABC Type 86 (Instructional Tasting License)
to allow educational tastings of beer, wine and spirits will not adversely affect the
purpose and intent of the Downey Municipal Code, or the public convenience or general
welfare of persons residing or working in the neighborhood nearby. Since the proposed
use is compatible with the development patterns in the area, it is an appropriate use of
land in the C-2 (General Commercial) zone, and the size and shape of the subject
property meet the City’s development standards for the C-2 zone. As such, the use
satisfies the parking requirements for retail uses and there exists appropriate vehicular
access from Lakewood Boulevard.
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Resolution No. 17-
Downey Planning Commission
9956 Lakewood Blvd – PLN-17-00132
September 20, 2017 - Page 2
The subject site has a General Plan Land Use Designation of General Commercial,
which is being implemented by the C-2 (General Commercial) zone. The goal of the
General Commercial area is intended to provide orderly commercial development with a
variety of uses. According to City records, the site has been a liquor/retail establishment
since at least 1988. The addition of an ancillary instructional tasting use, with strict ABC
regulations which limit serving size (one one-fourth of an ounce of distilled spirits, one
ounce of wine and no more than eight ounces of beer) person per day), within a limited
area (a cordoned off 10’ by 10’ space) within the existing store, and direct supervision
from the licensee or license holder; such use meets the intent of the C-2 zone and no
adverse impacts are anticipated to persons residing or working in the neighborhood.
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 requested conditional use permit will not adversely affect the adjoining land uses
and growth and development of the area since the existing shopping center was
constructed in 1979 and the entire area is built-out with commercial and residential
development. The addition of the Type 86 license does not expand the physical footprint
of the existing store or require new parking. The tastings will be conducted in the interior
of an existing business and tasting hours are limited to 10:00 a.m. to 9:00 p.m. and
limited to a maximum of two events per month. Subsequently, the addition of a Type 86
to the existing liquor/retail store will not adversely impact growth and development of
adjoining land uses.
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 24,111 square feet. The 1,800 square-foot
liquor/retail store is situated in shopping center that was developed in 1979 along a
commercial corridor (Lakewood Boulevard). Since the development on the site has
already been approved and has had a Type 21 license since 1988, the addition of the
ancillary Type 86 license does not expand an existing use and will not be detrimental to
the particular area.
D. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
Potential traffic generated by the Type 86 tasting license was taken into consideration
during DRC review. The proposed instructional tastings are temporary events and will not
expand the use of the existing development site nor increase traffic measurably to the
site. The added instructional tastings 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 the Conditional Use Permit,
subject to the Conditions of Approval attached hereto as Exhibit A – Conditions of Approval,
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.
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Resolution No. 17-
Downey Planning Commission
9956 Lakewood Blvd – PLN-17-00132
September 20, 2017 - Page 3
(Signatures on next page)
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of September 2017.
Jim Rodriguez, 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
September 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No. 17-
Downey Planning Commission
9956 Lakewood Blvd – PLN-17-00132
September 20, 2017 - Page 4
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT - PLN-17-00132
PLANNING
1) The approval of Conditional Use Permit (PLN-17-00132) permits a State of California,
Department of Alcoholic Beverage Control (ABC) Type 86 (Tasting) license at “Trading
Post” liquor/retail store on property located at 9956 Lakewood Boulevard. This approval
authorizes the on-site instructional tasting of alcoholic beverages (Type 86 License) in
conjunction with the operation of an existing liquor/retail store with a Type 21 License
(Off-sale General) authorizing the off-site sale of beer, wine, and distilled spirits.
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 conditional
use permit or any of the conditions if such modifications shall achieve substantially the
same results as would strict compliance with said plans and conditions.
4) The business operator shall obtain the proper approval and license from the
California Department of Alcohol and Beverage Control.
5) Upon six months of approval of the conditional use permit, a monitoring report shall be
presented to the Planning Commission listing all tasting events and any related nuisance
or police activity.
6) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes 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.
8) The instructional tasting events shall be limited to two (2) events per month and may only
take place between the hours of 10:00 a.m. and 9 p.m. with a duration of no more than
three hours, including preparation and cleanup.
9) Customers shall not be within the business after the specified closing time.
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Resolution No. 17-
Downey Planning Commission
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10) There shall be no live entertainment within the business at any time. At no time shall the
retail/liquor store be festooned as a bar, tavern, night club, or the like.
11) Other than the specified “Instructional Tasting Events,” no alcoholic beverages shall be
consumed on-site. No charge of any sort shall be made for the tastings.
12) The instructional tasting of beer, wine, and distilled spirits shall be limited to store
customers of legal drinking age of 21 years of age. A sign shall be posted during the
instructional tasting that no one under the age of 21 is allowed in the instructional tasting
area. This shall be monitored by all vendor and management staff through the
verification of valid identification.
13) The sale of the alcohol is prohibited within the tasting event area.
14) The instructional tasting event shall be limited to a 10’-0” x 10’-0” square foot tasting
area defined by flex barriers (a rope, cord or chain which will serve as a temporary barrier
during the tasting event). No consumption of alcoholic beverages shall occur outside of the
tasting area.
15) Per the Alcohol Beverage Control Board (ABC), a single tasting of distilled spirits cannot
exceed one-fourth of an ounce and single tastings of wine shall not exceed one ounce.
No more than three tastings of distilled spirits or wine shall be provided to any person per
day. The tasting of beer is limited to eight ounces per person per day. The wine, beer, or
distilled spirits tasted shall be limited to products that are authorized to be sold by the
holder of the Type 86 license under its requisite off-sale license.
16) Signs advertising brands and types of alcoholic beverages or the availability of alcohol
for sale at the subject site shall not be visible from the exterior of the premises.
17) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
18) 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.
POLICE
19) Prior to selling alcoholic beverages, the owner/Applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
20) A copy of this Conditional Use Permit and any Police Department 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.
21) 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.
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Resolution No. 17-
Downey Planning Commission
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September 20, 2017 - Page 6
22) The owner/applicant shall not permit any loitering on the subject site.
23) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
24) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the ABC to the applicant and any applicable regulations of ABC.
25) The following preventive measures shall be undertaken to reduce the potential for
alcohol related problems:
a. All employees selling or serving alcohol shall be required to participate in an alcohol
training program offered by the ABC or equivalent prior to the operation of
selling/serving alcohol; and
b. A variety of non-alcoholic beverages shall be made available within the market place.
26) Phone numbers and/or websites for alternative transportation services (taxis, Uber and Lyft)
shall be posted in a conspicuous location at all times in the area where alcohol is served to
customers.
FIRE
27) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
28) Approved occupant load signage shall be installed in accordance with CFC 2013 Section
1004.3.
29) Installation of approved Fire Department premises (address) identification (if not already
in place and meeting current code) [CA Fire Code 505].
30) Installation of approved Fire Department access – Knox Box [CA Fire Code 506].
31) Additional required fire code requirements may be required at time of plan review and/or
field inspection.
END OF CONDITIONS
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Exhibit 'D' - Floor Plan
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