HomeMy WebLinkAbout1. PLN-18-00188 - 10244 Lakewood BlvdSTAFF REPORT
PLANNING DIVISION
DATE: JUNE 5, 2019
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER
PREPARED BY: MADALYN WELCH, ASSISTANT PLANNER
SUBJECT: PLN-18-00188 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
A NEW RESTAURANT (MARISCOS YANDICRIS) TO OPERATE WITH A
TYPE 41 (ON SALE BEER AND WINE – EATING PLACE) ALCOHOLIC
BEVERAGE CONTROL LICENSE
LOCATION: 10224 LAKEWOOD BOULEVARD
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
Stella Maris Capubilla (hereinafter “the Applicant”) is requesting a Conditional Use Permit to
allow a new 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 “Mariscos Yandicris”,
located at 10244 Lakewood 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-18-00188 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
A NEW RESTAURANT (MARISCOS YANDICRIS) TO OPERATE WITH A TYPE 41 (ON
SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL
LICENSE, LOCATED AT 10244 LAKEWOOD BOULEVARD, AND ZONED C-2
(GENERAL COMMERCIAL)
BACKGROUND
The project site is located in a commercial shopping center on the south side of Florence
Avenue, between Lakewood Boulevard and Vultee Avenue. The property is zoned C-2
(General Commercial) and has a General Plan Land Use Designation of Office. The site is
currently developed with an 8,644 square foot commercial building with twelve (12) tenant
spaces occupied by uses ranging from business offices, a beauty salon, commercial recreation,
a restaurant and retail, with one vacancy. The site maintains 111 feet of store frontage on
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10224 Lakewood Boulevard – PLN-18-00188
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Lakewood Boulevard and a depth of 240 feet. The surrounding properties include a medical
office to the north, the Downey Square shopping center to the west, single-family residential to
the east and south.
The subject site is currently operating as a juice bar with small snack food items, called
Yandicris Bionicos and Fruit Arrangements. In 2013, a minor conditional use permit was
approved for the subject site to operate with a 225 square foot outdoor patio at the storefront of
the restaurant, adjacent to Lakewood Boulevard. If this Conditional Use Permit request is
approved, the applicant proposes to utilize the outdoor seating area when the business is
converted to a seafood restaurant. A condition has been placed on this application that all
conditions for this outdoor patio, including fencing requirements, shall be met before an ABC
license will be issued or obtained.
On December 11, 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. Due to missing information, Staff deemed the application
incomplete, and on April 11, 2019, the application was resubmitted and deemed complete on
April 22, 2019. On May 23, 2019, 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
The current business has been in operation since 2012; and the owner is now changing the
operation of the business to a Mexican seafood cuisine restaurant and is requesting a type 41
Alcohol Beverage Control license to enhance the new business. The Applicant desires to serve
beer and wine with the purchase of food as a complement to the new menu. Staff has placed a
condition that will require Mariscos Yandicris to not serve beer or wine without a food order and,
the sales associated with beer and wine cannot exceed the sale of food. The beer and wine will
be served in all customer areas, namely the inside dining area and the outdoor patio. The hours
of operation for Mariscos Yandicris will be the same as the previous business, which is from
11:00 a.m. to 12:00 a.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. The proposed sale of beer and wine
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 which minimizes potential concerns
regarding noise. However, in addition to the request of alcohol sales, the applicant will complete
a tenant improvement to upgrade the restrooms for ADA compliance as well as expand the
storage area at the rear of the restaurant. The current tenant space is 496 square feet with a
255 square foot outdoor patio because the neighboring salon utilized a portion of the rear of the
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tenant space. The tenant improvement will incorporate the 133 square feet currently being
utilized by the salon as well as the existing restroom which is 53 square feet. With the tenant
improvements, the restaurant will be 629 square feet, and 884 square feet including the outdoor
patio. Section 9712 of the zoning code states that restaurants with customer areas great than
100 square feet require the parking ratio of 1/100 square feet of gross floor area. The entire site
is developed with 41 parking spaces and only 37 are currently required. With the proposed
tenant improvement, this restaurant will require an additional parking space as the square
footage of the space is increasing by 133 square feet. Therefore, the new required amount of
parking spaces is 38. 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 Mariscos
Yandicris.
DEVELOPMENT REVIEW COMMITTEE
On December 27, 2018, this project was reviewed by the Development Review Committee
(DRC). There were no concerns from any department other than requiring that the outdoor
patio will be enclosed with a fence as well as no entertainment or television on the patio.
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
food establishment 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 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
for the new 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
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10224 Lakewood Boulevard – PLN-18-00188
June 5, 2019 – Page 4
commercial development to serve the surrounding neighborhood. The added sale 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 36,727 square feet. The restaurant will be 884
square feet and is situated in a commercial center along Lakewood Boulevard. The site
has operated with a similar food establishment use without causing a detriment to the
surrounding area. The new restaurant with the request to serve alcohol and a minor
expansion for storage will require one (1) additional parking space which is provided on
the subject site and still leaves a surplus of parking to needs the needs of the center.
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 is not expected to significantly increase with the
approval of the Conditional Use Permit, as the business operated as a food establishment
for seven years. The added component of beer and wine sales is not expected to generate
significantly more traffic or impose an undue burden upon the streets and highways in the
area because it is required to be served as a compliment to the food menu. The alcohol
sales will not be permitted without sale of food and the food establishment will continue to
operate as part of the existing commercial center which has been adequately served by
surrounding streets and highways.
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. The proposed use meets all of the findings required to
approve Conditional Use Permit (PLN-18-00188). As such, staff recommends that the Planning
Commission adopt the resolution approving the Conditional Use Permit, subject to the
conditions of approval as stated in the Planning Commission Resolution.
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10224 Lakewood Boulevard – PLN-18-00188
June 5, 2019 – Page 5
EXHIBITS
A. Aerial Photograph & Zoning Map
B. Draft Resolution
C. Business Description
D. Menu
E. Project Plans
Exhibit ‘A’ - Maps
Subject
Property
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10224 Lakewood Boulevard – PLN-18-00188
June 5, 2019 – Page 6
LOCATION MAP & AERIAL PHOTOGRAPH
ZONING MAP
Subject
Property
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RESOLUTION NO. 19-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-18-00188 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A
TYPE 41 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO PERMIT THE ON-
SITE SALE AND CONSUMPTION OF BEER AND WINE AT A NEW RESTAURANT
(MARISCOS YANDICRIS) LOCATED AT 10244 LAKEWOOD BOULEVARD 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 Stella Maris Capubilla (Mariscos Yandicris),
requesting approval of a Conditional Use Permit (PLN-18-00188), to allow an
existing restaurant to operate with an ABC Type 41 license, on the property
10244 Lakewood Boulevard, Downey, and zoned C-2 (General Commercial);
B. On May 23, 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;
C. The Planning Commission held a duly noticed public hearing on June 5, 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 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 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 for the new
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 sale of alcohol will complement the use of the restaurant.
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Resolution No. 19-_____
Downey Planning Commission
PLN-18-00188 – 10244 Lakewood Blvd
June 5, 2019 - Page 2
B. The requested use does 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. 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 36,727 square feet. The restaurant
will be 884 square feet and is situated in a commercial center along Lakewood
Boulevard. The site has operated with a similar food establishment use without
causing a detriment to the surrounding area. The new restaurant with the request
to serve alcohol and a minor expansion for storage will require one (1) additional
parking space which is provided on the subject site and still leaves a surplus of
parking to needs the needs of the center.
D. The traffic generated by the proposed use does not impose an undue burden
upon the streets and highways in the area. The traffic generated by the restaurant
is not expected to significantly increase with the approval of the Conditional Use
Permit, as the business operated as a food establishment for seven years. The
added component of beer and wine sales is not expected to significantly generate
more traffic or impose an undue burden upon the streets and highways in the area
because it is required to be served as a compliment to the food menu. The alcohol
sales will not be permitted without sale of food and the food establishment will
continue to operate as part of the existing commercial center which has been
adequately served by surrounding streets and highways.
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-18-00188, 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.
(Signatures on next page)
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Resolution No. 19-_____
Downey Planning Commission
PLN-18-00188 – 10244 Lakewood Blvd
June 5, 2019 - Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of June 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 5th day of June 2019,
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. 19-_____
Downey Planning Commission
PLN-18-00188 – 10244 Lakewood Blvd
June 5, 2019 - Page 4
CONDITIONS OF APPROVAL
PLN-18-00188 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of Conditional Use Permit (PLN-18-00188) permits the operation of a
restaurant with an ABC Type 41 (On-Sale Beer and Wine, Eating Place) license.
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) The permitted hours of operation of the business are 11:00 a.m. until 12:00 a.m., seven
(7) days a week.
7) Customers shall not be within the business after the specified closing time.
8) There shall be no live entertainment within the business at any time.
9) Alcoholic beverages shall not be sold for off-site consumption.
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. 19-_____
Downey Planning Commission
PLN-18-00188 – 10244 Lakewood Blvd
June 5, 2019 - 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) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
BUILDING
15) Any proposed on-site improvements shall comply with the 2014 California Building Code
and Title 24 of the California Energy Code.
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) 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.
18) The owner/applicant shall not permit any loitering on the subject site.
19) 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.
20) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
21) 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.
FIRE
22) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
23) Approved occupant load signage shall be installed in accordance with CFC 2013 Section
1004.3.
24) Installation of approved Fire Department premises (address) identification (if not already
in place and meeting current code) [CA Fire Code 505].
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Resolution No. 19-_____
Downey Planning Commission
PLN-18-00188 – 10244 Lakewood Blvd
June 5, 2019 - Page 6
25) Installation of approved Fire Department access – Knox Box [CA Fire Code 506].
26) Additional required fire code requirements may be required at time of plan review and/or
field inspection.
PUBLIC WORKS
27) Ensure that all permits and approvals are obtained.
END OF CONDITIONS
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Mariscos Yandicris
10244 Lakewood Blvd.
Downey, CA 90241
May 6, 2019
Ms. Madalyn Welch
Assistant Planner
City of Downey
11111 Brookshire Avenue
Downey, CA 90241
RE: 10244 Lakewood Blvd. Downey, CA
PLN-18-00188
Dear Ms. Welch:
I have operated a Juice Bar business (Yandicris Bionicos) since 2012. My proposed plan is to convert the
use to a seafood restaurant with the proposed menu which was previously e-mailed to you.
The purpose of my application for a Conditional Use Permit is to allow me to apply for a type-41 beer
and wine license. The sale of beer and wine is intended to be incidental to the primary use as an eating
establishment which is vital to enhance/support the seafood cuisine.
Thank you in advance for your consideration,
Sincerely,
Stella Maris Capubilla
(562) 818-0437
yandicrise@yahoo.com
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