HomeMy WebLinkAbout3. PLN 23-00033 11907 Lakewood CUPPC AGENDA PAGE 1
11907 Lakewood Boulevard. – PLN-23-00033
May 17, 2023 – Page 2
BACKGROUND
The subject site is improved with multi-tenant commercial buildings located on the
southwest corner of Lakewood Boulevard and Stewart and Gray Road. The site is
zoned C-1 (Neighborhood Commercial) and has a General Plan Land Use designation
of GC (General Commercial). The site is accessible from two street frontages,
Lakewood Boulevard and Stewart and Gray Road with a majority of its parking at the
front of the site. The property directly to the north have a zoning designation of R-3
(Multiple Family) and is currently developed with an apartment complex. Existing retail
properties to the south are zoned C-1 (Neighborhood Commercial). The properties to
the west are zoned R-2 (Low Medium Density Residential). The properties to the east
are within the Downey Landing Specific Plan and developed with a variety of
commercial uses.
North view of subject tenant space along commercial strip
The notice of pending public hearing was published in the Downey Patriot and mailed to
all property owners within 500’ of the subject site on May 4, 2023.
DISCUSSION
The subject property is an approximately 43,420 square foot site. The site is improved
with two multi-tenant commercial buildings totaling approximately 9,400 square feet with
a total of ten (10) tenant spaces occupied by uses ranging from personal services, fast-
food, sit-down restaurants, and retail. The applicant currently operates a 1,346 square
foot restaurant that has been established at this location since 2016. The subject site is
also improved with a total of 61 shared parking spaces. No additional parking is
required for the proposed request.
If the request is approved, restaurant patrons will be allowed to consume beer and wine
with their meals. More specifically, all alcohol will be consumed within the restaurant’s
dining area which includes standard table seating area. The restaurant will not have a
separate bar explicitly for alcohol consumption. Staff has included conditions that
restrict alcohol beyond the interior tenant space and the sale of alcohol without the
purchase of food. The permitted hours of operation of the business are as follows:
PC AGENDA PAGE 2
11907 Lakewood Boulevard. – PLN-23-00033
May 17, 2023 – Page 3
Monday through Sunday: 7:00 a.m. - 9:00 p.m.
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.”
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, sign regulation related to noise in parking lot, and requiring that all
activity be maintained inside the tenant space. In addition, the activities associated with
a typical restaurant will remain much the same even after incorporating the sale of
alcoholic beverage.
DEVELOPMENT REVIEW COMMITTEE
The project was reviewed by the Development Review Committee (DRC) and standard
comments were provided. Staff included conditions in order to address the department’s
comments. Other departments had no other concerns and standard conditions were
provided.
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 permitting of
existing facilities involving no expansion of existing use. The proposed ABC Type 41
license for the sale of alcoholic beverages is ancillary service of the existing eating
place involving no expansion of the existing restaurant.
FINDINGS
Pursuant to the requirements of DMC Section 9824.06 (Conditional Use Permit), staff
recommends that the Planning Commission make the following findings to approve the
overall request:
PC AGENDA PAGE 3
11907 Lakewood Boulevard. – PLN-23-00033
May 17, 2023 – Page 4
1.That the requested Conditional Use Permit will not adversely affect the
intent and purpose of Article IX 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 an existing restaurant will not adversely affect the purpose and
intent of the Downey Municipal Code. The subject property is located within the
C-1 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 existing
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 and improved for commercial development to serve the surrounding
neighborhood. The added sale of alcohol will complement the existing restaurant
use. There is no evidence that allowing the consumption of beer or wine with
meals will adversely affect the public or general welfare of persons residing or
working in the neighborhood.
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 on-site consumption of beer or wine with meals at the existing restaurant will
not adversely affect the adjoining land uses as the activity will be confined to the
existing restaurant’s dining area. The opportunity for beer or wine consumption
with meals does not result in impacts which would adversely affect adjoining land
uses or impact the growth and development of the area. The principal use will
remain a restaurant that offers meals to customer. The option to purchase beer
or wine with a meal will not alter the principal use in anyway which could result in
adverse impacts. In addition, conditions have been included to ensure that
consumption of alcohol is conducted within the restaurant space and no live
entertainment is allowed on site.
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 site is approximately 43,420 square feet in size. The existing tenant
space is 1,346 square feet in size and is situated at the south end of the site
within a multi-tenant commercial building perpendicular to Lakewood Boulevard.
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11907 Lakewood Boulevard. – PLN-23-00033
May 17, 2023 – Page 5
A total of 61 parking spaces are provided onsite. Based on the parking
calculations, the commercial site currently meets the minimum required parking
spaces when analyzing all existing uses of the subject site. The project does not
involve new development or expansion but only a permit to allow the on-site
consumption of beer and wine with meals in an existing restaurant. The
permitting of beer and wine can be easily accommodated within the existing
restaurant without the need for modification or expansion of the existing building.
The existing size and shape of the lot is adequate to allow the on-site
consumption of beer and wine. And furthermore, the mere allowance of beer and
wine will not generate additional vehicle trips to the site necessitating additional
parking spaces.
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 existing use is not expected to significantly increase
with the approval of the CUP, as the use is currently existing and on-site parking
spaces are provided for customers. In addition, Lakewood Boulevard is classified
as a major arterial that can support high volume of vehicles. The added component
of the sale of beer and wine is not expected to generate significantly more traffic or
impose an undue burden upon the streets and highways in the area because the
availability of beer and wine for consumption with meals will not significantly
increase the volume of visitors to the restaurant resulting in undue burden on
existing streets or highways. 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 site, 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, staff recommends that the Planning
Commission adopt the resolution approving the Conditional Use Permit (PLN-23-
00033), subject to the conditions of approval as stated in the Planning Commission
Resolution.
EXHIBITS
A.Aerial Photograph, Location Map & Zoning Map
B.Draft Resolution
C.Project Plans
PC AGENDA PAGE 5
11907 Lakewood Boulevard. – PLN-23-00033
May 17, 2023 – Page 6
Exhibit ‘A’ – Maps
AERIAL PHOTOGRAPH
Subject
Site/Tenant
Space
PC AGENDA PAGE 6
11907 Lakewood Boulevard. – PLN-23-00033
May 17, 2023 – Page 7
LOCATION MAP
ZONING MAP
Subject Site
PC AGENDA PAGE 7
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-23-00033 (CONDITIONAL USE PERMIT), THEREBY
ALLOWING THE ON-SITE CONSUMPTION OF BEER AND WINE UNDER
ALCOHOL BEVERAGE CONTROL (ABC) TYPE 41 (ON-SALE BEER & WINE -
EATING PLACE) LICENSE FOR AN EXISTING EATING PLACE LOCATED AT
11907 LAKEWOOD BOULEVARD, 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 March 15, 2023, the applicant applied for a Conditional Use Permit
requesting to allow the sale and on-site consumption of beer and wine
(Type 41 ABC License) at an existing restaurant on the property located
at 11907 Lakewood Boulevard zoned C-2 (Neighborhood Commercial);
and,
B.Staff deemed the application complete on April 13, 2023; and,
C.On May 4, 2023, 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 May 17,
2023 at which time all interested persons were given full opportunity to be
heard and to present evidence including oral and written testimony, facts,
and opinions.
SECTION 2. The Planning Commission further finds, determines, and declares
the environmental impact of the proposed project 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, pursuant to DMC Section 9824.06 the Planning Commission
further finds, determines and declares that:
A.The requested Conditional Use Permit for the sale of beer and wine in
conjunction with an existing restaurant will not adversely affect the purpose and
intent of the Downey Municipal Code. The subject property is located within the
C-1 zone, which is intended to provide for and encourage the orderly
development of commercial uses, with a wide variety of goods and services for
PC AGENDA PAGE 8
Resolution No.
Downey Planning Commission
PLN-23-00033 – 11907 Lakewood Boulevard
May 17, 2023 - Page 2
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 existing
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 and improved for commercial development to serve the
surrounding neighborhood. The added sale of alcohol will complement the
existing restaurant use. There is no evidence that allowing the consumption of
beer or wine with meals will adversely affect the public or general welfare of
persons residing or working in the neighborhood.
B.The on-site consumption of beer or wine with meals at the existing restaurant will
not adversely affect the adjoining land uses as the activity will be confined to the
existing restaurant’s dining area. The opportunity for beer or wine consumption
with meals does not result in impacts which would adversely affect adjoining land
uses or impact the growth and development of the area. The principal use will
remain a restaurant that offers meals to customer. The option to purchase beer
or wine with a meal will not alter the principal use in anyway which could result in
adverse impacts. In addition, conditions have been included to ensure that
consumption of alcohol is conducted within the restaurant space and no live
entertainment is allowed on site.
C.The subject site is approximately 43,420 square feet in size. The existing tenant
space is 1,346 square feet in size and is situated at the south end of the site
within a multi-tenant commercial building perpendicular to Lakewood Boulevard.
A total of 61 parking spaces are provided onsite. Based on the parking
calculations, the commercial site currently meets the minimum required parking
spaces when analyzing all existing uses of the subject site. The project does not
involve new development or expansion but only a permit to allow the on-site
consumption of beer and wine with meals in an existing restaurant. The
permitting of beer and wine can be easily accommodated within the existing
restaurant without the need for modification or expansion of the existing building.
The existing size and shape of the lot is adequate to allow the on-site
consumption of beer and wine. And furthermore, the mere allowance of beer and
wine will not generate additional vehicle trips to the site necessitating additional
parking spaces.
D.The traffic generated by the existing use is not expected to significantly increase
with the approval of the CUP, as the use is currently existing and on-site parking
spaces are provided for customers. In addition, Lakewood Boulevard is classified
as a major arterial that can support high volume of vehicles. The added
component of the sale of beer and wine is not expected to generate significantly
more traffic or impose an undue burden upon the streets and highways in the area
because the availability of beer and wine for consumption with meals will not
PC AGENDA PAGE 9
Resolution No.
Downey Planning Commission
PLN-23-00033 – 11907 Lakewood Boulevard
May 17, 2023 - Page 3
significantly increase the volume of visitors to the restaurant resulting in undue
burden on existing streets or highways. 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 site, 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 the
Conditional Use Permit (PLN-23-00033), 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.
PASSED, APPROVED AND ADOPTED this 17th day of May 2023.
Horacio Ortiz, Chairman
City Planning Commission
PC AGENDA PAGE 10
Resolution No.
Downey Planning Commission
PLN-23-00033 – 11907 Lakewood Boulevard
May 17, 2023 - Page 4
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 May 2023, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
________________________________
Alfonso S. Hernandez
Principal Planner
PC AGENDA PAGE 11
Resolution No.
Downey Planning Commission
PLN-23-00033 – 11907 Lakewood Boulevard
May 17, 2023 - Page 5
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT
(PLN-23-00033)
PLANNING
1)The approval of Conditional Use Permit (PLN-23-00033) allows the restaurant
“Taqueria Mi Ranchito LLC DBA Taqueria Zavala 2” to operate with a Type 41
(On-Sale Beer and Wine– Eating Place) ABC license for on-site consumption, on
property located at 11907 Lakewood 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 use approved herein must be executed within one year of approval or shall
be subject to revocation where this approval will be deemed null and void.
6)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.
7)Deliveries to the premises are prohibited between 12:00 A.M. and 7:00 A.M.
8)The permitted hours of operation of the business are as follows:
PC AGENDA PAGE 12
Resolution No.
Downey Planning Commission
PLN-23-00033 – 11907 Lakewood Boulevard
May 17, 2023 - Page 6
a. Monday – Sunday, 7:00 a.m. to 9:00 p.m.
9)Customers shall not be within the business one hour after specified closing time.
10)There shall be no live entertainment of any form, this includes, but is not limited
to, a disc jockey, bands, musicians, and karaoke.
11)The subject property and surrounding area must be maintained free of trash,
litter, and debris at all times.
12)Alcoholic beverages shall not be sold for off-site consumption unless packed in a
sealed container.
13)The sale of alcohol shall be incidental to the sale of food. 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 50% the gross sales of alcohol.
14)The kitchen shall remain open to serve a full menu at all times the business is
open. The service/sale of only prepackaged foods, salads, or sandwiches is not
considered to be in compliance with this condition.
15)“Last call” for alcohol purchases shall occur thirty (30) minutes prior to closing.
16)The business shall comply with the City of Downey’s noise ordinance, but in any
case, no greater than 65 dBA as measured at the property line. Upon receiving
complaints regarding noise levels, the Director of Community Development may
order the preparation of a noise study. The City will hire a consultant to prepare a
noise study, and said noise study shall be paid by the business owner. All
mitigation measures identified in the noise study shall be implemented and
become part of this Conditional Use Permit and shall have the force of conditions
of approval.
17)All signs shall comply with the requirements set forth in the Downey Municipal
Code and shall require separate permits.
18)Signs must be posted in parking lot notifying patrons to remain courteous of
nearby residential properties.
19)All rules and regulations set forth by the California Department of Public Health
and the Los Angeles County Department of Public Health shall be enforced and
complied with.
20)A copy of this Resolution shall be maintained on the premises at all times. A
copy of the Conditions of Approval 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
PC AGENDA PAGE 13
Resolution No.
Downey Planning Commission
PLN-23-00033 – 11907 Lakewood Boulevard
May 17, 2023 - Page 7
enforcement of the City’s laws, ordinances, or regulations.
21)The Licensee shall be responsible for monitoring the business to prevent anyone
under the age of 21 from purchasing alcohol.
22)The owner/applicant shall comply with and strictly adhere to all conditions of any
permit issued by the Alcohol Beverage Control (“ABC”) to the applicant and any
applicable regulations of ABC.
BUILDING
23)If new construction is proposed it shall comply with the most recent version of the
California Building Code and Downey Municipal Code, as adopted by the City of
Downey. Prior to the commencement of any construction, the applicant shall
obtain all required City permits. Once permits are issued, the applicant shall
obtain all necessary inspections and permit final prior to occupancy of the
business.
POLICE
24)Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all
required Police Department permits for this Conditional Use Permit.
25)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.
26)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 entry/ exit ways and shall also
include verbiage prohibiting the possession and consumption of alcohol outside
the premises.
27)The owner/applicant shall not permit any loitering on the property.
28)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.
29)The Licensee shall be responsible for monitoring the business to prevent anyone
under the age of 21 from purchasing or consuming alcohol.
PC AGENDA PAGE 14
Resolution No.
Downey Planning Commission
PLN-23-00033 – 11907 Lakewood Boulevard
May 17, 2023 - Page 8
30)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.
31)The restaurant shall not charge patrons a cover charge at any time.
FIRE
1.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]
2.Deferred plan submittal for commercial cooking hood/exhaust automatic fire
extinguishing system. Automatic fire extinguishing system design, installation,
and testing shall be per NFPA 96 and be UL 300 complainant [CFC § 904.2.2;
§904.12; §609]
3.Clearance around kitchen hood exhaust shall adhere to CA Mechanical Code 22
CFC § 904.2.2
4.If applicable, storage of commercial kitchen cooking oil shall adhere to current
Fire Code requirements [CFC § 610]
5.Deferred plan submittal for fire alarm and detection system if required by 22 CFC
§ 907 based off occupancy classification and occupant load. [CFC § 907]
6.Provide a locking key box (i.e. Knox Box or similar) for use by fire department
personnel when entry is required outside of business hours.
7.Project construction shall comply with requirements set forth in the CA Building
for egress, construction type and height, etc.
END OF CONDITIONS
PC AGENDA PAGE 15
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