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HomeMy WebLinkAbout1. PLN-19-00007 - 11949 ParamountSTAFF REPORT PLANNING DIVISION DATE: MARCH 6, 2019 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-19-00007) – A REQUEST TO ALLOW AN EXISTING RESTAURANT (BERTO’S MEXICAN RESTAURANT) TO OPERATE WITH A TYPE 41 (ON SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATION: 11949 PARAMOUNT BOULEVARD ZONING:C-1 (NEIGHBORHOOD COMMERCIAL) REPORT SUMMARY This is a request for a Conditional Use Permit (CUP) to allow an existing restaurant, Berto’s Mexican Restaurant, 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. The property is located at 11949 Paramount Boulevard, 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-19-00007), THEREBY ALLOWING AN EXISTING RESTAURANT (BERTO’S MEXICAN RESTAURANT) TO OPERATE WITH A TYPE 41 (ON SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 11949 PARAMOUNT BOULEVARD AND ZONED C-1 (NEIGHBORHOOD COMMERCIAL) BACKGROUND The site is currently developed with a 7,292 square foot multi-tenant building. The restaurant is one of five tenant spaces, and is a total of 2,140 square feet. Previously, Marisa’s Mexican Restaurant had been in operation at the tenant space since February of 1990, but vacated the site sometime before April 1, 2018. This previous restaurant also operated with an alcohol PC Agenda Page 1 11949 Paramount Blvd. – PLN-19-00009 March 6, 2019 – Page 2 license and no live entertainment. However, alcohol sales were conducted without a CUP as a legal non-conforming use. Their alcohol license expired on September 30, 2017. The applicants are now made subject to the CUP process due to provisions within the Downey Municipal Code regarding legal non-conforming uses. Specifically, a legal non-conforming use is allowed to continue, without the need for a CUP, so long as no more than 180 days has passed between the new and previous use. In this case, well over 180 days had passed from when the alcohol license expired (September 30, 2017) and when the new tenants applied for a business license (October 8, 2018). Overall, the subject property is a 20,800 square foot corner parcel located on the northwest corner of Paramount Boulevard and Cole Street. It is within the C-1 (neighborhood commercial) zone, and has a General Plan Land Use designation of Neighborhood Commercial. The site is accessible from one street frontage along Cole Street. The properties to the north, south, and east are zoned C-1, and developed with commercial uses. The properties to the west are zoned R-3 (multifamily residential) and R-1 (single family residential). These properties are developed with a range of large multi-family structures and single family homes. East view of subject property along Paramount Boulevard (Formerly “Marisa’s Mexican Food”) On January 16, 2019, 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. The application does not include a request for live entertainment, and a condition of approval is incorporated to prohibit the activity. Staff completed a review of the submitted materials on February 11, 2019 and deemed the application complete. On February 21, 2019, staff mailed notice of the pending public hearing to all property owners within 500 feet of the subject site and a notice was also published in the Downey Patriot. DISCUSSION Currently, the restaurant is allowed to offer food and non-alcoholic beverages for dining in, takeout, and delivery. This permit will now allow the restaurant to also offer beer and wine for on-site consumption. The sale of alcohol for off-site consumption is prohibited. Furthermore, 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. To further enforce this requirement, the project is conditioned for all alcohol sales to be accompanied with food sales. PC Agenda Page 2 11949 Paramount Blvd. – PLN-19-00009 March 6, 2019 – Page 3 The proposed hours of operation for the business are 11:00 a.m. – 9:00 p.m. Sunday – Thursday and 11:00 a.m. to 10:00 p.m. Friday – Saturday. The applicant anticipates a maximum of 70 patrons at any given time. As a reference, below is the California State Department of Alcoholic Beverage Control’s classification of a Type 41 license: “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 29 parking spaces located throughout the parcel. Under today’s standards, a total of 50 parking spaces would be required for a new development of the same size. However, it was determined through this analysis that the parking for the site is legally non-conforming. This is exclusively because no expansion is being proposed for the building that is currently onsite. Therefore, per the Downey Municipal Code the parcel is allowed to continue its nonconforming parking 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, signs regulating noise in parking lot, and all activity shall be maintained inside the tenant space. In addition, the activities associated with a typical restaurant shall remain much the same even after incorporating the sale of alcoholic beverages. DEVELOPMENT REVIEW COMMITTEE On January 24, 2019, 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. The proposed ABC Type 41 license for the sale of beer and wine falls under the category of a negligible expansion of a restaurant, therefore it can be determined that no significant effect will be held on the environment. PC Agenda Page 3 11949 Paramount Blvd. – PLN-19-00009 March 6, 2019 – Page 4 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 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. The restaurant and proposed use will also primarily serve and help draw the nearby neighborhood as it is a neighborhood restaurant within the C-1 (neighborhood commercial) zone. This ultimately contributes to the intent and purpose of the zone. 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 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 (a full service restaurant). The proposed use is also one that was previously offered at the same location, under a previously active ABC license for the previous owners. There is no indication of a negative impact to surrounding land uses during that period. 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 building’s square footage, and the ancillary sale of beer and wine does not warrant a need for PC Agenda Page 4 11949 Paramount Blvd. – PLN-19-00009 March 6, 2019 – Page 5 additional accommodations to the site. The proposed work does not create alterations that would restrict future permitted uses from occupying the site or prevent 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 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 business. Therefore, the existing transportation infrastructure that provides access to and from the project site will remain adequate in supporting the traffic generated by the existing uses. 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-19-00007) 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-19-00007), thereby allowing the sale of beer and wine for on-site consumption under a Type 41 ABC license. EXHIBITS A. Maps B. Draft Resolution C. Project Plans PC Agenda Page 5 11949 Paramount Blvd. – PLN-19-00009 March 6, 2019 – Page 6 Exhibit ‘A’ – Maps Location Aerial PC Agenda Page 6 11949 Paramount Blvd. – PLN-19-00009 March 6, 2019 – Page 7 Zoning Map PC Agenda Page 7 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT (PLN-19-00007), THEREBY ALLOWING AN EXISTING RESTAURANT (BERTO’S MEXICAN RESTAURANT) TO OPERATE WITH A TYPE 41 (ON SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 11949 PARAMOUNT BOULEVARD 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 January 16, 2019, an application was filed by Jakleen Charitan (Berto’s Mexican Restaurant), requesting approval of a Conditional Use Permit (PLN-19- 00007), to allow a full service restaurant to operate under an ABC Type 41 license, on the property located at 11949 Paramount Boulevard, Downey, and zoned C-1 (Neighborhood Commercial); and, B. Staff deemed the application complete on February 11, 2019; and, C. On February 21, 2019, 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 March 6, 2019 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 hearing, the Planning Commission further finds, determines and declares that: A. 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 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 PC Agenda Page 8 Resolution No. Downey Planning Commission PLN-19-00007 – 11949 Paramount Blvd. March 6, 2019 - Page 2 community and general public. The restaurant and proposed use will also primarily serve and help draw the nearby neighborhood as it is a neighborhood restaurant within the C-1 (neighborhood commercial) zone. This ultimately contributes to the intent and purpose of the zone. B. The requested use will not adversely affect the adjoining land uses and the growth a nd development of the area in which it is proposed to be located. The proposed sale of beer and wine is intended to complement the full service restaurant. The proposed use is common within commercial areas and in close proximity to residential areas. This is 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 (a full service restaurant). The proposed use is also one that was previously offered at the same location, under a previously active ABC license for the previous owners. There is no indication of a negative impact to surrounding land uses during that period. 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. 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 building’s 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 prevent 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 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 business. Therefore, the existing transportation infrastructure that provides access to and from the project site will remain adequate in supporting the traffic generated by the existing uses. 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 (PLN- 19-00007), 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) PC Agenda Page 9 Resolution No. Downey Planning Commission PLN-19-00007 – 11949 Paramount Blvd. March 6, 2019 - Page 3 PASSED, APPROVED AND ADOPTED this 6th day of March 2019. Steven Dominguez, 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 6th day of March 2019, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ________________________________ Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 10 Resolution No. Downey Planning Commission PLN-19-00007 – 11949 Paramount Blvd. March 6, 2019 - Page 4 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (PLN-19-00007) PLANNING 1) The approval of Conditional Use Permit (PLN-19-00007) allows the restaurant “Berto’s Mexican Restaurant” to operate with a Type 41 (On Sale Beer and Wine – Eating Place) ABC license for on-site consumption, on property located at 11949 Paramount Boulevard. 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 March 20, 2019 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 11:00 a.m. to 9:00 p.m. Sunday – Thursday, and 11:00 a.m. to 10:00 p.m. Friday – Saturday. 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. PC Agenda Page 11 Resolution No. Downey Planning Commission PLN-19-00007 – 11949 Paramount Blvd. March 6, 2019 - Page 5 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. 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) All rear (west) doors shall only be used for employee ingress and egress (unless required for an emergency), and must remain closed at all other times. 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) The sale of alcohol for off-site consumption is strictly prohibited. 18) Signs must be posted in parking lot notifying patrons to remain courteous of nearby residential properties. BUILDING 19) If new construction is proposed it 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. PC Agenda Page 12 Resolution No. Downey Planning Commission PLN-19-00007 – 11949 Paramount Blvd. March 6, 2019 - 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) If new construction is proposed, the applicant is responsible for obtaining all necessary permits prior to the commencement of construction. 31) Provide the City of Downey Fire Department with a floor plan, schedule and specifications of all equipment. 32) If not already provided, install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Co de §506.1]. 33) Existing cooking hood/exhaust system automatic fire extinguishing system shall be UL 300 complainant; and have the required semi-annual inspection and testing [CA Fire Code § 904.2.2; §904.5; §904.12; §609]. 34) Type I commercial kitchen hood inspection frequency and cleaning shall be at intervals set forth in Table 609.3.3.1 – upon request occupancy shall furnish reports indicating kitchen hood is being cleaned at required intervals to reduce risk of fire [CA Fire Code §609.3]. 35) Premises shall be appropriately addressed. An approved address identification shall be provided that is legible and placed in a position that is visible from the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code §505.1]. 36) Provide occupancy load sign to the occupancy[CA Fire Code §1004]. 37) Egress shall be designed to meet requirements of CA Building Code and Chapter 10 of the CA Fire Code for occupant load, number of egresses, egress sizing, etc. PC Agenda Page 13 Resolution No. Downey Planning Commission PLN-19-00007 – 11949 Paramount Blvd. March 6, 2019 - Page 7 38) The establishment shall comply with all current code requirements for the occupancy use and type. PUBLIC WORKS 39) If new construction is proposed, the applicant is responsible for obtaining all necessary plan approvals and permits. 40) 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. 41) 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 PC Agenda Page 14 Site Plan PC Agenda Page 15 Floor Plan PC Agenda Page 16