HomeMy WebLinkAbout3. PLN-18-00143 - 8852 RosecransSTAFF REPORT
PLANNING DIVISION
DATE: NOVEMBER 7, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-18-00143 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
AN EXISTING RESTAURANT (R&J SOUTHERN HOMECOOKING
RESTAURANT) TO OPERATE WITH A TYPE 41 (ON SALE BEER AND
WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE
LOCATION: 8852 ROSECRANS AVENUE
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
Ja Young Cho Yun (hereinafter “the Applicant”) is requesting a Conditional Use Permit to allow
the existing restaurant to operate with an outdoor dining area and a State of California,
Department of Alcoholic Beverage Control (ABC) Type 41 (On Sale Beer and Wine – Eating
Place) license at “R&J Southern Homecooking Restaurant,” located at 8852 Rosecrans Avenue.
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-18-00143 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
AN EXISTING RESTAURANT (R&J SOUTHERN HOMECOOKING RESTAURANT) TO
OPERATE WITH A TYPE 41 (ON SALE BEER AND WINE – EATING PLACE)
ALCOHOLIC BEVERAGE CONTROL LICENSE AND ADD AN OUTDOOR DINING
AREA, LOCATED AT 8852 ROSECRANS AVENUE, AND ZONED C-2 (GENERAL
COMMERCIAL)
BACKGROUND
The project site is located on the south side of Rosecrans Avenue, between Century Boulevard
and Lakewood Boulevard. The property is zoned C-2 (General Commercial) and has a General
Plan Land Use Designation of General Commercial. The site is developed with seven (7)
parking spaces and shared vehicular access with the adjacent car wash. The surrounding
Agenda Page 1
8852 Rosecrans Ave – PLN-18-00143
October 17, 2018 – Page 2
properties include apartments to the north, a shopping center to the south, a car wash to the
east, and a liquor store to the west. The lot measures 7,540 square feet in area and is improved
with a 2,190 square foot building. The building was built in 1977 and has been owned by the
current owner since 1994.
On August 29, 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. During staff’s review of the project, staff found that the outdoor dining area
was unpermitted, as was thus added to the application. Staff completed a review of the
submitted materials on September 27, 2018 and deemed the application complete. On October
25, 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
R&J Southern Homecooking Restaurant has been in business since 1994. The restaurant also
includes a drive-thru window. The Applicant desires to serve beer and wine with the purchase of
food. The restaurant 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 proposed hours of operation of the
restaurant are from Sunday – Thursday, 9:00 a.m. – 11:00 p.m. In addition, the applicant is
requesting approval of the existing unpermitted outdoor dining area. The outdoor dining area is
triangularly shaped, and measures approximately 260 square feet. The patio area includes a
landscape planter and pole sign, two, four-person tables. The area is enclosed with a five-foot
high wrought iron fence and gate. However, the maximum height of a fence within the C-2 zone
is three feet. Furthermore, as the entrance to the restaurant is through the outdoor dining area,
the gate must be removed. Therefore, Staff has recommended a condition of approval that
requires the applicant to obtain a building permit for the fence (maximum height – three-feet),
and removal of the existing gate.
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.”
Staff is recommending the following conditions of approval for the Type 41 ABC license:
• No sales of beer and wine for off-site consumption;
• Signage on fence to include “No alcohol beyond this point”.
The current hours of operation are 9:00 a.m. to 9:30 p.m. The applicant is requesting to extend
their hours of operation to the 6:00 a.m. to 11:00 p.m., seven days a week. The request does
not include live entertainment, so staff does not anticipate any noise issues associated with the
operation of the restaurant.
Agenda Page 2
8852 Rosecrans Ave – PLN-18-00143
October 17, 2018 – Page 3
Additionally, as this is an existing restaurant, the addition of alcohol sales and the legalization of
the outdoor dining area in conjunction with the ongoing operation of an existing full service
restaurant, while it may attract more business, is not expected to generate a substantial amount
of additional traffic, such that Rosecrans Avenue is adversely impacted. Furthermore,
Rosecrans Avenue is a four-lane street that can accommodate the anticipated increase in traffic
from this use. 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 R&J
Southern Homecooking Restaurant.
DEVELOPMENT REVIEW COMMITTEE
On August 23, 2018, this project was reviewed by the Development Review Committee (DRC).
The Police Department recommended conditions regarding the Type 41 ABC License, and have
been incorporated into the attached resolution. The Building, Fire, and Planning recommended
standard conditions of approval.
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.
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 and outdoor seating
area 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, and is in compliance with General Plan, Policy 1.1.1, which
Agenda Page 3
8852 Rosecrans Ave – PLN-18-00143
October 17, 2018 – Page 4
seeks to maintain a balance of land uses. 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 sale of beer and wine is intended to complement the existing use (full
service restaurant). The proposed use is common within commercial 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 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.
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 and the legalization of the outdoor dining area 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
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-18-00143). 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.
Agenda Page 4
8852 Rosecrans Ave – PLN-18-00143
October 17, 2018 – Page 5
EXHIBITS
A. Aerial Photograph & Zoning Map
B. Draft Resolution
C. Project Plans
Agenda Page 5
8852 Rosecrans Ave – PLN-18-00143
October 17, 2018 – Page 6
Exhibit ‘A’ - Maps
LOCATION MAP & AERIAL PHOTOGRAPH
Agenda Page 6
8852 Rosecrans Ave – PLN-18-00143
October 17, 2018 – Page 7
ZONING MAP
Agenda Page 7
RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-18-00143 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
AN EXISTING RESTAURANT (R&J SOUTHERN HOMECOOKING RESTAURANT) TO
OPERATE WITH A TYPE 41 (ON SALE BEER AND WINE – EATING PLACE)
ALCOHOLIC BEVERAGE CONTROL LICENSE WITH AN D ADD AN OUTDOOR DINING
AREA, LOCATED AT 8852 ROSECRANS AVENUE, 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 Ja Young Cho Yun, (hereinafter referred to as “the
Applicant”) on September 27, 2018, requesting approval of a Conditional Use
Permit (PLN-18-00143) to operate with a Type 41 (On Sale Beer and Wine –
Eating Place) ABC license at an existing restaurant (R&J Southern Homecooking
Restaurant), and legalize an outdoor dining area, located at 8852 Rosecrans
Avenue, and zoned C-2 (General Commercial); and,
B. Staff deemed the application complete on August 27, 2018; and,
C. On October 25, 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 November 7,
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. 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 and outdoor seating area 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
Agenda Page 8
Resolution No. 18-
Downey Planning Commission
8852 Rosecrans Ave – PLN-18-00143
November 7, 2018 – Page 2
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, and is in compliance
with General Plan, Policy 1.1.1, which seeks to maintain a balance of land uses. The
added sales of alcohol will complement the use of the restaurant.
B. 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. 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 adjacent commercial businesses, nor
will it hinder the area’s potential for future growth and development.
C. 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. 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 and the legalization of the
outdoor dining area 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 this Conditional Use Permit (PLN-
18-00143), 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.
Agenda Page 9
Resolution No. 18-
Downey Planning Commission
8852 Rosecrans Ave – PLN-18-00143
November 7, 2018 – Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of November 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 7th day of November,
2018, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 10
Resolution No. 18-
Downey Planning Commission
8852 Rosecrans Ave – PLN-18-00143
November 7, 2018 – Page 4
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-18-00143)
PLANNING
1) The approval of Conditional Use Permit (PLN-18-00143) allows an existing restaurant
(R&J Southern Homecooking Restaurant) to operate with a Type 41 (On Sale Beer and
Wine – Eating Place) ABC license, and outdoor dining area, on property located at 8852
Rosecrans Avenue.
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 22, 2018, the applicant and the property owner shall sign an affidavit
of Acceptance of Conditions, as provided by the City of Downey.
7) The applicant or his/her designee, shall obtain a building permit from the Building
Department for the outdoor dining area fencing, not to exceed three feet in height and
removal of the existing gate.
8) The permitted hours of operation shall be from 6:00 a.m. to 11:00 p.m., seven (7) days a
week.
9) Customers shall not be within the business after the specified closing time.
10) There shall be no live entertainment within the business at any time.
Agenda Page 11
Resolution No. 18-
Downey Planning Commission
8852 Rosecrans Ave – PLN-18-00143
November 7, 2018 – Page 5
11) Alcoholic beverages shall not be sold for off-site consumption. Signage shall be posted
to notify patrons that the sale of alcohol is prohibited via the drive-thru. The size,
number, and wording of the signs shall be approved by the City Planner prior to
occupancy of the business.
12) The sale of alcohol shall be incidental to the sale of food.
13) 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.
14) 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.
15) 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.
16) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
POLICE
17) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
18) 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.
19) 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.
20) Signage on fence shall include “No alcohol beyond this point”.
21) The owner/applicant shall not permit any loitering in front of the business.
22) A copy of this Resolution 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.
23) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
24) 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.
Agenda Page 12
Resolution No. 18-
Downey Planning Commission
8852 Rosecrans Ave – PLN-18-00143
November 7, 2018 – Page 6
25) The restaurant shall not charge patrons a cover charge at any time.
26) 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.
END OF CONDITIONS
Agenda Page 13
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20'
3
5
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A
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1
4
Exit
19'10'
12
'
8'
5'
7'
38
'
29'
7'
3'7'8'
19
'
17
'
6'
12
'
6'
13
'
19'
Office
Kitchen
Main
Kitchen
Storage
Food Prep.
Area
RESTAURANT
Cold
Storage
Rstrm
Rstrm
4'5'
29'
Take
Out
Window
Rendering by Floor Plan Visuals.
All measurements are approximate. While deemed reliable, no information
on these floor plans should be relied upon without independent verification.
8852 R OSECRANS A VENUE
N
FLOOR PLAN
Scale: 1/4"=1'-0"
Presented by Ja Young Cho Yun, R & J Southern Cooking
Tel: 562.972.9393
Email: wootyun@gmail.com
Agenda Page 15