HomeMy WebLinkAbout6. PLN-18-00104 8310 Stewart & Gray Rd.STAFF 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: ALFONSO HERNANDEZ, ASSOCIATE PLANNER
SUBJECT: CONDITIONAL USE PERMIT (PLN-18-00104) – A REQUEST TO ALLOW
AN EXISTING RESTAURANT (QUICK TIME PIZZA) TO OPERATE WITH
A TYPE 41 (ON SALE BEER AND WINE – EATING PLACE)
ALCOHOLIC BEVERAGE CONTROL LICENSE
LOCATION: 8310 STEWART & GRAY ROAD
ZONING: C-1 (NEIGHBORHOOD COMMERCIAL)
REPORT SUMMARY
This is a request for a Conditional Use Permit to allow an existing restaurant, “Quick Time
Pizza”, to operate under a California Department of Alcoholic Beverage Control (ABC) Type 41
license (On-sale beer and wine – Eating place). A Type 41 alcohol license permits the sale of
beer and wine for on-site and off-site consumption. The business plans to sell beer and wine for
individuals dining in, and would also like to sell beer and wine through takeout and delivery. The
property is located at 8310 Stewart & Gray Road, and zoned C-1 (Neighborhood Commercial).
Based on the analysis contained in this report, staff recommends that the Planning Commission
adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT (PLN-18-00104), THEREBY ALLOWING AN
EXISTING RESTAURANT (QUICK TIME PIZZA) TO OPERATE WITH A TYPE 41 (ON
SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL
LICENSE LOCATED AT 8310 STEWART & GRAY ROAD AND ZONED C-1
(NEIGHBORHOOD COMMERCIAL)
BACKGROUND
The site is currently developed with a 13,172 square foot multi-tenant building. The restaurant is
identified on the site as Retail Store No. 5, and consists of a 1,112 square foot full service
restaurant. The restaurant has been in operation since March 1, 2012. The tenant space is one
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of ten on the site. The subject property was constructed as an addition to the original building in
1978, and no major renovations have been made since the permits were issued. Directly to the
east of the tenant space are the original five tenant spaces. They were constructed in 1964.
Overall, the subject property is a 37,154 square foot corner parcel located on the southeast
corner of Downey Avenue and Stewart & Gray Road. It is within the city's C-1 zone, and has a
General Plan Land Use designation of “Neighborhood Commercial”. The site is accessible from
both street frontages; along Downey Avenue moving Northbound and Stewart & Gray Road
moving Eastbound. The properties to the north are zoned C-1 and R-2. The C-1 properties are
developed with commercial uses, such as a gasoline service station and a convenience store.
The R-2 property is developed with a multi-family use. The properties directly east and west are
also zoned C-1, but developed with a multi-family use to the east and medical office to the west.
The properties to the south are zoned R-3 and R-1, and are developed with a wide range of
large multi-family structures and single family homes.
Southeast view of subject property from corner of Downey Avenue and Stewart & Gray Road
On June 29, 2018, the applicant submitted an application for a Conditional Use Permit to allow
the sale and consumption of beer and wine under a Type 41 ABC license for an existing full
service restaurant. Staff completed a review of the submitted materials on August 16, 2018 and
deemed the application incomplete. After receiving all required information, the application was
deemed complete on October 1, 2018. 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 notice was also
published in the Downey Patriot.
DISCUSSION
The application is a request for the applicants to operate under a Type 41 ABC license in
conjunction with a full service restaurant. The restaurant is “Quick Time Pizza” and it is currently
in operation. The restaurant offers food and non-alcoholic beverages for dining in, takeout, and
delivery. It is important to note that the Type 41 ABC license can grant the applicant permission
to sell beer and wine for consumption both on and off the premises. Therefore, the applicants
are requesting permission to serve alcohol to patrons that dine in, as well as sell alcohol to
patrons who order takeout or delivery. The project is conditioned to require the applicants to
limit the sale of beer and wine to no more than half (50%) of their total gross revenue. This
would apply to all revenue, regardless of dine in, takeout, or delivery. To further enforce this
requirement, the project is conditioned for all alcohol sales to be accompanied with food sales.
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October 17, 2018 – Page 3
The proposed hours of operation for the business are 10:00 a.m. – 1:00 a.m., daily. The
applicant anticipates up to a maximum of 30 patrons at any given time. Staff will total four
people at any given time.
Pursuant to Code Section 9314.04, alcohol sales within a restaurant are permitted with the
approval of a Conditional Use Permit in the C-1 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.”
The site has 20 parking spaces located throughout the parcel, and an additional 25 parking
spaces in the adjoining lot (which together make up one development). 12 Parking spaces are
required for the applicant’s use, and 28 spaces are required in total (rather than the existing 20
spaces). However, it was determined through the analysis of this application that the parking for
the site is legally non-conforming. No changes are being proposed to the existing square
footage and the addition of a Type 41 ABC license does not warrant any changes to the current
parking demand, therefore as a result the parcel is allowed to continue its nonconforming status.
In addition, staff does not anticipate an increase in parking demand due to the approval of this
application.
Lastly, although the property is adjacent to residentially developed parcels, no impacts are
anticipated related to noise levels. Conditions of approval have been incorporated in an effort to
mitigate any potential nuisance. Conditions include prohibiting live entertainment, keeping the
rear door only accessible to employees and shut when not in use, and all activity shall be
maintained inside the tenant space. In addition, the activities associated with the existing pizza
parlor shall remain much the same even after incorporating the sale of alcoholic beverages.
DEVELOPMENT REVIEW COMMITTEE
On August 9, 2018, the Development Review Committee (DRC) discussed and evaluated the
project as it pertains to Planning, Police, Fire, Public Works, and Building and Safety matters.
No department expressed major concerns or opposition over the project, and issued standard
conditions. Recommended conditions of approval have been included in the attached
Resolution.
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 exemptions consist of projects that involve no/negligible expansion of the existing use.
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The proposed ABC Type 41 license for the sale of beer and wine will not have a significant
effect on the environment.
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.
It is staff’s opinion that the project will not adversely affect the intent and purpose of the
Downey Municipal Code or the City’s General Plan. Furthermore, the project should not
provide a nuisance related to public convenience or general welfare to any nearby
persons. Rather, the project aims to diversify the amount of goods and services
available to nearby residents and patrons of city businesses. The following policies are
promoted by the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods
and services
The CUP promotes the above policy by introducing a new component that aims to
complement the existing restaurant that it will serve. This will not only continue to
provide, but will also expand, the type and amount of goods and services available to the
nearby community and general public.
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 sale of beer and wine is intended to complement the existing use (full
service restaurant). The proposed use is common within commercial areas and in close
proximity to residential areas. Staff views the use as a common practice among
restaurants, and does not anticipate adverse impacts as a result of approval. This is
specifically because the main use of the site will remain the same. Therefore, the
request will not adversely affect the nearby residential areas or adjacent commercial
businesses, nor will it hinder the area’s potential for future growth and development.
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 request for the proposed scope of work does not include changes to the buildings
square footage, and the ancillary sale of beer and wine does not warrant a need for
additional accommodations to the site. The proposed work does not create alterations
that would restrict future permitted uses from occupying the site or an existing use
located within the nearby area from altering their operations. In addition, the project is in
full compliance with the Downey Municipal Code. Therefore, 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.
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4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
The addition of alcohol sales in conjunction with the ongoing operation of an existing full
service restaurant is not anticipated to generate additional traffic. The proposed alcohol
sales will serve as an ancillary component to the existing business. Therefore, the existing
transportation infrastructure that provides access to and from the project site will remain
adequate in supporting the type and quantity of traffic generated by the existing use.
CORRESPONDENCE
Staff had not received any correspondence as of the date this report was prepared.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed
Conditional Use Permit (PLN-18-00104) will not negatively impact and is compatible with
adjoining land uses. Furthermore, staff is concluding that all findings required for approval can
be made in a positive manner. As such, staff is recommending that the Planning Commission
approve the Conditional Use Permit (PLN-18-00104), thereby allowing the sale of beer and wine
for on-site and off-site consumption under a Type 41 ABC license.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Plans
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October 17, 2018 – Page 6
Exhibit ‘A’ – Maps
Location
Aerial
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October 17, 2018 – Page 7
Zoning Map
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT (PLN-18-00104), THEREBY ALLOWING AN
EXISTING RESTAURANT (QUICK TIME PIZZA) TO OPERATE WITH A TYPE 41 (ON
SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL
LICENSE LOCATED AT 8310 STEWART & GRAY ROAD AND ZONED C-1
(NEIGHBORHOOD 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. On June 29, 2018, an application was filed by Jose Rebaza (Quick Time Pizza),
requesting approval of a Conditional Use Permit (PLN-18-00104), to allow an
existing full service restaurant to operate under an ABC Type 41 license, on the
property located at 8310 Stewart & Gray Road, Downey, and zoned C-1
(Neighborhood Commercial); and,
B. Staff deemed the application incomplete on August 16, 2018. The Applicant
submitted the requested materials on September 5, 2018. Staff deemed the
application complete on October 1, 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.
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 project will not adversely
affect the intent and purpose of the Downey Municipal Code or the City’s General Plan.
Furthermore, the project should not provide a nuisance related to public convenience or
general welfare to any nearby persons. Rather, the project aims to diversify the amount
of goods and services available to nearby residents and patrons of city businesses. The
following policies are promoted by the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods
and services
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Resolution No.
Downey Planning Commission
PLN-18-00104 – 8310 Stewart & Gray Rd.
October 17, 2018 - Page 2
The CUP promotes the above policy by introducing a new component that aims to
complement the existing restaurant that it will serve. This will not only continue to
provide, but will also expand, the type and amount of goods and services available to the
nearby community and general public.
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 sale of
beer and wine is intended to complement the existing use (full service restaurant). The
proposed use is common within commercial areas and in close proximity to residential
areas. Staff views the use as a common practice among restaurants, and does not
anticipate adverse impacts as a result of approval. This is specifically because the main
use of the site will remain the same. Therefore, the request will not adversely affect the
nearby residential areas or adjacent commercial businesses, nor will it hinder the area’s
potential for future growth and development.
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
request for the proposed scope of work does not include changes to the buildings square
footage, and the ancillary sale of beer and wine does not warrant a need for additional
accommodations to the site. The proposed work does not create alterations that would
restrict future permitted uses from occupying the site or an existing use located within the
nearby area from altering their operations. In addition, the project is in full compliance
with the Downey Municipal Code. Therefore, 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.
D. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The addition of alcohol sales in conjunction with the
ongoing operation of an existing full service restaurant is not anticipated to generate
additional traffic. The proposed alcohol sales will serve as an ancillary component to the
existing business. Therefore, the existing transportation infrastructure that provides access
to and from the project site will remain adequate in supporting the type and quantity of
traffic generated by the existing use.
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-18-00104, 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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
(Signatures on next page)
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Resolution No.
Downey Planning Commission
PLN-18-00104 – 8310 Stewart & Gray Rd.
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
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Resolution No.
Downey Planning Commission
PLN-18-00104 – 8310 Stewart & Gray Rd.
October 17, 2018 - Page 4
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-18-00104)
PLANNING
1)The approval of Conditional Use Permit (PLN-18-00104) allows an existing restaurant
(Quick Time Pizza) to operate with a Type 41 (On Sale Beer and Wine – Eating Place)
ABC license for On-site and Off-site consumption, on property located at 8310 Stewart
and Gray Road.
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 10:00 a.m. to 1:00 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)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.
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Resolution No.
Downey Planning Commission
PLN-18-00104 – 8310 Stewart & Gray Rd.
October 17, 2018 - 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)The rear door shall only be accessible to employees (unless required for an emergency),
and must remain shut when not in use.
15)All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
16)All alcohol consumed on-site shall only be consumed within the approved dining area.
17)Alcohol sold for off-site consumption, whether through takeout or delivery, can only be
sold as a package of 6 individually sealed containers of beer (not to exceed 12 fl. oz. per
container) or one individually sealed bottle of wine (not to exceed 750 mL).
18)Alcohol sales made via delivery can only be sold and surrendered to individuals over the
age of 21 (as would be if sold for dine in or take out). It shall be the responsibility of the
employee delivering the order to verify the age of the individuals purchasing and
receiving delivery.
BUILDING
19)All construction shall comply with the most recent version of the California Building Code,
as adopted by the City of Downey.
20)Prior to the commencement of any construction, the applicant shall obtain all required
permits. Once permits are issued, the applicant shall obtain all necessary inspections
and permit final prior to occupancy of the business.
POLICE
21)Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
22)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.
23)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.
24)The owner/applicant shall not permit any loitering in front of the business.
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Resolution No.
Downey Planning Commission
PLN-18-00104 – 8310 Stewart & Gray Rd.
October 17, 2018 - Page 6
25) 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.
26) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
27) 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.
28) The restaurant shall not charge patrons a cover charge at any time.
29) 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
additional information or modifications, the business owner/permittee shall submit said
revisions within forty-eight (48) hours of notification.
FIRE
30) Obtain all necessary permits prior to the commencement of any construction.
31) Provide the City of Downey Fire Department with a floor plan, schedule and
specifications of all equipment.
PUBLIC WORKS
32) The owner/applicant shall obtain all necessary plan approvals and permits
33) 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
34) 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
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