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STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: JULY 6, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-11-00160 (REVISION ‘E’ TO CONDITIONAL USE PERMIT NO. 03-05) – REQUEST TO REMOVE A RESTRICTION ON THE AGE OF OCCUPANTS ON A RESTAURANT THAT OPERATES WITH A TYPE 41 (ON-SALE
BEER AND WINE, EATING PLACE) AND WITH LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 8237-8239 SECOND STREET AND WITHIN THE DOWNTOWN DOWNEY SPECIFIC PLAN. CEQA 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 the California Environmental Quality Act. Class 1 consists of projects that involve no or negligible expansion of the existing use. Inasmuch
as this request modifies a condition of approval for an existing restaurant and will not expand the use, staff feels that this request qualifies for this exemption. RECOMMENDATION Staff
recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING REVISION ‘E’ TO CONDITIONAL USE
PERMIT NO. 03-05 (PLN-11-00160), THEREBY REMOVING A RESTRICTION ON THE AGE OF OCCUPANTS ON A RESTAURANT THAT OPERATES WITH A TYPE 41 (ON-SALE BEER AND WINE, EATING PLACE) AND WITH LIVE
ENTERTAINMENT ON PROPERTY LOCATED AT 8237-8239 SECOND STREET AND WITHIN THE DOWNTOWN DOWNEY SPECIFIC PLAN. BACKGROUND/DISCUSSION On May 9, 2009, the Planning Commission adopted Resolution
No. 09-2583 (attached), thereby approving Revision ‘D’ to Conditional Use Permit No. 03-05. This revision allows a restaurant/nightclub to operate with an ABC Type 41 (On-Sale Beer and
Wine, Eating Place) license and live entertainment. As part of this approval, the Planning Commission imposed several conditions of approval, including a restricting that after 9:00
p.m. the minimum age patrons shall be 21 years or older.
PLN-11-00160 (CUP) – 8237-8239 Second Street July 6, 2011 -Page 2 Since this approval, the applicant has been making the necessary modifications to the building in order to comply with
the conditions of approval and is now ready to begin operations. However, in trying to obtain his ABC license, the Department of Alcoholic Control took issue to the City’s conditions
of approval. ABC since has informed the City that the age restriction is in violation of their regulations regarding Type 41 licenses. Accordingly, staff is requesting the Planning Commission
delete Condition of Approval No. 14 from Resolution No. 09-2583. With this action, there will be no age restrictions on the business, but the applicant is responsible to take all necessary
actions to ensure the alcohol is not sold, given to, or consumed by persons under the age of 21. H:\Community Development\Blumenthal\Projects\Second_8239\PLN-11-00160\Staff Report_2011-7-6.doc