RESOLUTION NO. A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF BURBANK TO APPROVE PROJECT NO. 17-0001385 FOR A CONDITIONAL USE PERMIT AMENDMENT AND AMENDING PROJECT NUMBER 2005-112 APPROVED UNDER RESOLUTION NUMBER 3011. (Replacing Type 41 License for on-site sales and consumption of beer and wine with Type 47 License for on-site sales and consumption of beer, wine and distilled spirits.) (222 S. Glenoaks Blvd. Commonwealth Restaurant LLC) THE PLANNING BOARD OF THE CITY OF BURBANK FINDS: A. The Planning Board of the City of Burbank at its meeting of November 13, 2017 held a public hearing on Project No. 17-0001385 Conditional Use Permit (CUP), to consider the approval of an amendment to an existing CUP (Project No. 2005-112) as applied for by Commonwealth Restaurant LLC, to consider replacing a Type 41 license that allows for the onsite sales and consumption of beer and wine to a Type 47 license to allow for the on-site sales and consumption of beer, wine and distilled spirits. B. Said hearing was properly noticed in accordance with the provisions of Section 10-1-1942 of the Burbank Municipal Code. C. The Planning Board considered the report and recommendations of the City Planner and the evidence presented at such hearing. D. The project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines pertaining to activities covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. THE PLANNING BOARD OF THE CITY OF BURBANK RESOLVES: The application for Project No. 17-0001385, Conditional Use Permit to allow a Type 47 license for the on-site sales of beer, wine and distilled spirits, as described above is hereby approved subject to the applicant complying with all of the requirements of the Burbank Municipal Code (BMC) and the Conditions of Approval attached to this resolution. The approval is based on the ability of the Planning Board to make each of the following findings per Section 10-1-1936: 1. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by Title 10 of the Burbank Municipal Code. Pursuant to BMC Section 10-1-1116, the on-site sale and consumption of alcoholic beverages is allowed through a conditional use permit in the C-3 zone where this property is located.
2. The use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The current business operates as a sit-down restaurant with a type 41 alcohol license and has not resulted in any adverse impacts to neighboring land uses. The C-3 (Commercial General Business) Zone permits a mix of uses, including restaurants with or without incidental alcohol sales. The existing restaurant currently sells beer and wine for on-site sale and consumption and is requesting to amend an existing Conditional Use Permit to allow the on-site sales and consumption of beer, wine and distilled spirits. Since the sale of alcoholic beverages in conjunction with operation of a restaurant already exists and has not created a nuisance, staff determined that the addition of distilled spirits to alcohol sales would not pose any additional impacts. 3. The use will be compatible with other uses on the same lot, and in the general area in which the use is proposed to be located. In addition to the restaurant use, the property also has an office use located on-site with operating hours of 9 a.m. to 5 p.m. The restaurant use will continue to operate during the evening hours (after 6 p.m.), outside of the operating hours of the office use. Therefore, the existing office use will not be effected by the on-site sale and consumption of distilled spirits. The area surrounding the restaurant is comprised of mainly other commercial uses (restaurants, gas station, auto repair, office uses) along Glenoaks Boulevard and multi-family residential uses located behind the restaurant. The restaurant use with incidental alcohol sales is compatible with adjacent land uses. 4. The site for the proposed use is adequate in size and shape to accommodate the use and all of the yards, setbacks, walls, landscaping, and other features required to adjust the use to the existing or future uses permitted in the neighborhood. There will be no alterations made to the building to accommodate the modification of the alcohol license to include the on-site sale and consumption of distilled spirits. The primary restaurant use with incidental sale of alcohol will continue to operate within an existing building. 5. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use. The restaurant is located along a major street corridor Glenoaks Boulevard that has the capacity to carry the type and quantity of traffic generated by the restaurant use. There is not 2
anticipated to be a significant increase in traffic generated by the alcohol license modification from a type 41 to a type 47 over existing trips to the restaurant. 6. The conditions imposed are necessary to protect the public health, convenience, safety, and welfare. Conditions of project approval have been included to ensure that the restaurant use with incidental alcohol sales operates in a manner that protects the public health, convenience, safety, and welfare. These conditions include compliance with the BMC and other standard requirements, that includes limiting the sale and consumption of alcohol to on-site during the normal hours of operation when food is being served. PASSED AND ADOPTED this 13 th day of November 2017. CITY PLANNING BOARD STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BURBANK Chairperson I, Fred Ramirez, Secretary of the Planning Board of the City of Burbank, certify that this Resolution was adopted by the City Planning Board at its meeting held on the 13 th day of November, 2017 by the following vote: AYES: NOS: ABSENT: ABSTAINED: Federico Ramirez, Secretary 3
CONDITIONS OF APPROVAL Project No. 17-0001385 Conditional Use Permit (222 S. Glenoaks Blvd. Commonwealth Restaurant LLC, Applicant) PLANNING DIVISION 1. Project No. 17-0001385 approves an amendment to an existing Conditional Use Permit (Project No. 2005-112) to allow a sit-down restaurant on-site sales and consumption of beer, wine and distilled spirits on-site in conjunction with a bona fide restaurant. Offsite sales and consumption of beer, wine and distilled spirits is prohibited. Consumption and sales of alcohol must occur inside of the restaurant building. 2. Development of the subject property and operations on the site shall remain in substantial conformance with the request and with the application forms and plans submitted by the applicant, approved and/or modified by the Planning Board, and placed on file in the office of the Planning Division, except as modified by the conditions herein, or by subsequent modifications determined by the City Planner to be in substantial compliance with these conditions of approval. 3. Project No. 17-0001385 Conditional Use Permit may be modified or revoked by the City should it be determined that the proposed use as permitted by this approval or conditions under which they were permitted are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the use is maintained so as to constitute a public nuisance. 4. If excessive calls for police service occur for three or more consecutive months, the business may be considered a public nuisance and such calls may be used as grounds for revocation of this Conditional Use Permit. Excessive calls for service shall be defined as more than three bona fide calls for police assistance in any calendar month. 5. The project shall comply with all Department of Alcoholic Beverage Control rules and regulations. The applicant shall submit to the City Planner a copy of the Department of Alcoholic Beverage Control license, including any and all conditions imposed, that will be kept on file in the Planning Division office. 6. By signing and/or using this permit, the permittee acknowledges all of the conditions imposed and accepts this permit subject to those conditions and with full awareness of the provisions of Burbank Municipal Code Section 10-1-1951 (Termination of Conditional Use Permit). Failure of the permittee to sign these conditions does not affect their enforceability by the City or other responsible entity. These conditions are binding upon all future property owners and occupants of the subject property. 7. This Conditional Use Permit shall expire if not used by November 13, 2018.
8. The applicant shall sign and return an affidavit assuring the City that at least 65% of the gross sales revenue is from food sales. 9. There will be no dance floor installed or maintained for public use at the restaurant. 10. Any noise resulting from the operation of the business or the conduct of the patrons, including the playing of musical instruments, whether live or mechanical, singing or other vocal sounds shall be kept at a level so as not to cause any disturbances or nuisances that would be detrimental to other properties in the area or to the welfare of the occupants thereof. 11. The applicant shall stripe two parking spaces, one against the wall ten feet wide and the other nine feet wide; both 18 feet long. Install wheel stops 2.5 feet from the wall to prevent running into the wall. These parking spaces shall be a minimum 7.5 feet setback from alley property line; recommend spacing up against north property line 12. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. The applicant shall post a sign at each exit advising patrons that No Alcoholic Beverages May Leave the Premises. BUILDING DIVISION 13. All projects shall comply with Title 9, Chapter 1, of the Burbank Municipal Code, and the 2016 edition of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, and California Green Building Standards and Building Energy Efficiency Standards. 14. The property shall comply with accessibility requirements in the California Building Code and the Americans with Disabilities Act. 15. Business Tax should be updated to reflect change on alcohol sales. PUBLIC WORKS DEPARTMENT 16. No building appurtenances for utility or fire service connections shall encroach into the public right-of-way (i.e. streets and alleys). Locations of these appurtenances shall be shown on the building site plan and the off-site improvements plan [BMC 7-3-701.1, BMC 9-1-1-3202]. 17. Any work within the public right-of-way must be permitted and approved by the Public Works Department before construction can commence. All construction work in the public right-of-way must comply with Burbank Standard Plans and must be constructed to the satisfaction of the City Engineer. A Public Works EXCAVATION PERMIT is required. The excavation permit requires a deposit acceptable to the Public Works
Director to guarantee timely construction of all off-site improvements. Burbank Standard Plans can be accessed at http://file.burbankca.gov/publicworks/onlinecounter/main/index.htm. 18. Any portion of the public sidewalk, curb or gutter that is broken, uneven or uplifted at the end of the project must be reconstructed to the satisfaction of the City Engineer. That reconstruction will be required whether the damage is pre-existing or is a result to the project. Contact the Public Works Inspection Office at (818) 238-3955 to have these areas inspected and identified after obtaining a Public Works Excavation Permit [BMC 7-3- 501]. 19. Building access doors may not swing open into the public right-of-way [BMC 7-3-701.1]. 20. An Industrial Waste Discharge Permit may be required [BMC 8-1-502 and BMC 8-1- 503]. 21. Food Service Establishments are required to install, operate and maintain an approved type and adequately sized, remotely located and readily accessible grease interceptor, unless a conditional waiver us granted by the Director. Since this location includes a restaurant, the City will require a grease interceptor to trap, separate and hold grease from waste water and prevent it from being discharged into the public sewer per the requirements above. 22. At the southern corner of the property, adjacent to the alley and public right-of-way, there is a difference in elevation of one inch or more. Recommend to work with Building Division to address potential tripping hazard [BMC 7-3-501]. X Signature of Applicant/Permittee X Signature of Property Owner