HomeMy WebLinkAbout5. PLN-18-00119 7840 FirestoneSTAFF REPORT
PLANNING DIVISION
DATE: OCTOBER 17, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: MONICA ESPARZA, SENIOR PLANNER
SUBJECT: PLN-18-00119 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
AN EXISTING RESTAURANT (FONDA MARIA) TO OPERATE WITH A
TYPE 41 (ON SALE BEER AND WINE – EATING PLACE) ALCOHOLIC
BEVERAGE CONTROL LICENSE
LOCATION: 7840 FIRESTONE BOULEVARD, SUITE 104
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
Hector Rodriguez (hereinafter “the Applicant”) is requesting a Conditional Use Permit to allow
the an existing restaurant to operate with a State of California, Department of Alcoholic
Beverage Control (ABC) Type 41 (On Sale Beer and Wine – Eating Place) license at “Fonda
Maria”, located at 7840 Firestone Boulevard. Pursuant to Downey Municipal 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-18-00119 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
AN EXISTING RESTAURANT (FONDA MARIA) TO OPERATE WITH A TYPE 41 (ON
SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL
LICENSE, LOCATED AT 7840 FIRESTONE BOULEVARD, SUITE 104 AND ZONED C-2
(GENERAL COMMERCIAL)
BACKGROUND
The project site is located in a commercial office and retail center south of Firestone Boulevard,
east of Rives Avenue and west of Paramount Boulevard. The property is zoned C-2 (General
Commercial) and has a General Plan Land Use Designation of General Commercial. The site is
currently occupied with 11 tenants, ranging from business offices, nail salons, restaurants, and
retail. Overall, the site can accommodate 14 tenants. The surrounding properties include a Rite
Agenda Page 1
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 2
Aid to the north, Stater Bros. Markets to the west, and business offices to the east. A railway,
located to the south of the site, is adjacent to multiple-family housing.
On July 31, 2018, the Applicant submitted an application to obtain a Conditional Use Permit to
allow for 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 August 27, 2018 and
deemed the application complete. On October 4, 2018, 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
Fonda Maria is a Mexican cuisine restaurant that has been in business since 2014 and located
in Suite 103. The Applicant desires to serve beer and wine with the purchase of food. Fonda
Maria 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. The hours of operation of Fonda Maria are from 8:00 a.m.
to 10:00 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 ABC license. According to 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.”
This request for alcohol will not include live entertainment. Due to this, staff does not have any
concerns regarding noise. Additionally, as this is an existing restaurant, this request will not
generate traffic and will not impact the surrounding area. 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 Fonda Maria.
DEVELOPMENT REVIEW COMMITTEE
On August 9, 2018, this project was reviewed by the Development Review Committee (DRC).
There were no concerns from any department.
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 41 license for the sale of alcoholic beverages will not expand the existing
use at the site.
Agenda Page 2
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 3
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 the sale of beer and wine in conjunction with a
restaurant will not adversely affect the purpose and intent of the Downey Municipal
Code. The subject property is located 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 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.
The subject property is approximately 47,201 square feet. The restaurant is 2,009
square feet and is situated in a commercial development along Firestone Boulevard.
Since the restaurant is already in operation, the request to serve alcohol, and not
expand the use or reduce parking, will only enhance the 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 restaurant will remain unchanged with the approval of the
Conditional Use Permit, as the added proponent for beer and wine sales is not expected to
generate more traffic or impose an undue burden upon the streets and highways in the
area.
Agenda Page 3
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 4
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained 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 Conditional Use Permit (PLN-18-00119). As such, staff
recommends that the Planning Commission adopt the resolution approving the Conditional Use
Permit, subject to the conditions of approval as stated the Planning Commission Resolution.
EXHIBITS
A. Aerial Photograph & Zoning Map
B. Draft Resolution
C. Project Plans
Agenda Page 4
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 5
Exhibit ‘A’ - Maps
LOCATION MAP & AERIAL PHOTOGRAPH
Agenda Page 5
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 6
ZONING MAP
Agenda Page 6
RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-18-00119 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
AN EXISTING RESTAURANT (FONDA MARIA) TO OPERATE WITH A TYPE 41 (ON
SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL
LICENSE, LOCATED AT 7840 FIRESTONE BOULEVARD, SUITE 104 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 Hector Rodriguez (hereinafter referred to as “the
Applicant”) on July 31, 2018, requesting approval of a Conditional Use Permit
(PLN-18-00119) to operate with a Type 41 (On Sale Beer and Wine – Eating
Place) ABC license at an existing restaurant (Fonda Maria), located at 7840
Firestone Boulevard, and zoned C-2 (General Commercial); and,
B. Staff deemed the application complete on August 27, 2018; and,
C. On October 4, 2018, 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 October 17,
2018 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),
because the proposed Type 41 license for the sale of alcoholic beverages will not expand the
existing use at the site.
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 beer and wine in conjunction with a restaurant will
not adversely affect the purpose and intent of the Downey Municipal Code. The subject
property is located 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
Agenda Page 7
Resolution No. 18-
Downey Planning Commission
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 2
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 use of the restaurant.
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 47,201 square feet. The restaurant is 2,009 square
feet and is situated in a commercial development along Firestone Boulevard. Since the
restaurant is already in operation, the request to serve alcohol, and not expand the use
or reduce parking, will only enhance the 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 restaurant will remain
unchanged with the approval of the Conditional Use Permit, as the added proponent for
beer and wine sales is not expected to generate more traffic or 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 this Conditional Use Permit (PLN-
18-00119), subject to the Conditions of Approval, attached hereto as Exhibit A, which are
necessary to preserve the health, safety and general welfare of the community and enable the
Planning Commission to make the findings set forth in the previous sections. The conditions are
fair and reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
[Signatures on next page]
Agenda Page 8
Resolution No. 18-
Downey Planning Commission
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 3
PASSED, APPROVED AND ADOPTED this 17th day of October 2018.
Patrick Owens, 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 17th day of October,
2018, 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. 18-
Downey Planning Commission
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 4
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-18-00119)
PLANNING
1) The approval of Conditional Use Permit (PLN-18-00119) allows an existing restaurant
(Fonda Maria) to operate with a Type 41 (On Sale Beer and Wine – Eating Place) ABC
license, on property located at 7840 Firestone Boulevard, Suite 104.
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) Prior to November 1, 2018, the applicant and the property owner shall sign an affidavit of
Acceptance of Conditions, as provided by the City of Downey.
7) The permitted hours of operation shall be from 8:00 a.m. to 12:00 a.m., seven (7) days a
week.
8) Customers shall not be within the business after the specified closing time.
9) There shall be no live entertainment within the business at any time.
10) Alcoholic beverages shall not be sold for off-site consumption.
11) The sale of alcohol shall be incidental to the sale of food.
Agenda Page 10
Resolution No. 18-
Downey Planning Commission
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 5
12) 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
sale of food exceeds the gross sale of alcohol.
13) 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.
14) 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.
15) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
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) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any Police Department or City
Official for purposes of verifying compliance with any of the Conditions of Approval of this
approval, as well as with any Police Permit and approved Security Plan.
18) 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 also include verbiage prohibiting the possession and consumption of alcohol
outside the premises.
19) The owner/applicant shall not permit any loitering in front of the business.
20) 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.
21) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
22) 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.
23) The restaurant shall not charge patrons a cover charge at any time.
24) Upon the determination by the Chief of Police that the operation of the business requires
on-site security, the applicant shall submit and obtain approval of a security plan to the
Chief of Police. The number of security guards shall be determined by the Chief of
Police and may be increased or decreased as the Chief of Police determines is
necessary. The initial security plan shall be submitted to the Police Department within
fourteen (14) days of being requested. Should the Police Department request any
Agenda Page 11
Resolution No. 18-
Downey Planning Commission
7840 Firestone Blvd, Suite 104 – PLN-18-00119
October 17, 2018 – Page 6
additional information or modifications, the business owner/permittee shall submit said
revisions within forty-eight (48) hours of notification.
PUBLIC WORKS
25) The owner/applicant shall obtain all necessary plan approvals and permits
26) If any hazardous material is encountered on the site that has the potential to reach the
ground water supply, the owner/applicant shall secure a permit for the State Regional
Water Quality Control Board
27) The owner/applicant must comply with all applicable Federal, State and local rules and
regulations, American Disabilities Act (ADA), including compliance with South Coast Air
Quality Management District (SCAQMD) regulations.
END OF CONDITIONS
Agenda Page 12
floor plan1
(E) RESTAURANT
employee area
(e) kitchen
(e) storage
(e) utility
(e) kitchen
(n) storage
dining area
dining area
dining area
dining area
adjacent unit
adjacent unit
room
(e) toilet
room
(e) toilet
(E) RESTAURANT # 104
(E) OFFICE #103
NEIGHBORING UNIT
NEIGHBORING UNIT
NEIGHBORING UNIT
NEIGHBORING UNIT
NEIGHBORING UNIT
NEIGHBORING UNIT
NEIGHBORING UNIT
NEIGHBORING UNIT
NEIGHBORING UNITNEIGHBORING UNITNEIGHBORING UNITNEIGHBORING UNIT
Nsite plan
(E) RESTAURANT
(E) RESTAURANT
(E) OFFICE
(E) DENTAL
SHEET TITLE :
SHEET NO. :
ISSUE / DATE:
CONSULTANT :
OWNER INFORMATION :
PROJECT LOCATION:
project no:
phase:
date:
scale:
drawn by:
downey, ca 9042110927 downey avenue #D
p 562.861.3883 f 562.862.1523
formBstudio@gmail.com
1707055
CDs
08/03/17
NOTED
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RESTAURANT ADDITION
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7840 FIRESTONE BLVD
DOWNEY, CA 90241
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7840 FIRESTONE BLVD
FONDA MARIA - SUITE 103 & 104
DOWNEY, CA 90241
SITE PLAN
FLOOR PLAN
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