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HomeMy WebLinkAboutPLN-11-00106 Resolution RESOLUTION NO. 11-2723 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-11-00106 (CONDITIONAL USE PERMIT): A REQUEST BY DOWNEY BREWING COMPANY TO MODIFY AN EXISTING APPROVAL OF A CONDITIONAL USE PERMIT FOR ALCOHOL SALES, TO ADD A TYPE 47 (ONSALE GENERAL FOR BONAFIDE EATING PLACE) LICENSE, WHILE ALSO MAINTAINING A TYPE 75 (ON-SALE GENERAL – BREWPUB) LICENSE IN EFFECT, AND TO ALTER THE HOURS OF PERMITTED LIVE ENTERTAINMENT, ON PROPERTY LOCATED AT 10924 PARAMOUNT BOULEVARD AND ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) 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 April 3, 2002, the Planning Commission approved Conditional Use Permit No. 02-09, to allow the sale of alcoholic beverages within an existing restaurant (Type 41) at 10924 Paramount Boulevard; and, B. On April 16, 2008, the Planning Commission approved Conditional Use Permit No. 08-29, to allow the live entertainment and karaoke at an existing restaurant at 10924 Paramount Boulevard; and, C. On September 2, 2009, the Planning Commission approved Conditional Use Permit No. 08-29, Revision A, regarding a request by Walter Vazquez (Hereinafter “Applicant”) and the owner and operator of the Downey Brewing Co., to modify Condition No. 4 and Condition No. 7 of the Conditions of Approval of the live entertainment permit, and to upgrade their alcohol sales from a Type 41 (beer and wine) to a Type 75 (on sale general, brewpub) within the existing restaurant (Downey Brewing Company) on property at 10924 Paramount Blvd; and, D. On January 19, 2010, the Planning Commission adopted Resolution No. 10-2624 approving Conditional Use Permit No. 08-29, Revision B, thereby modifying the conditions of approval to allow the Applicant ninety additional days to comply with certain conditions of approval. Those conditions involved general maintenance issues on the site, legalizing the patio cover located on the south side of the building, fully enclosing the perimeters of the outdoor patio/dining area by installing gates with self-latching panic hardware on the west and east ends of the area, posting a sign indicating that the gate is an emergency exit only, and providing a trash enclosure with a covered roof; and, E. On April 21, 2010, after determining that the Applicant failed to complete these tasks, the Planning Commission adopted Resolution No. 2635, thereby granting another six (6) month extension for the Applicant to complete the conditions of approval of Conditional Use Permit No. 08-29, and declaring that staff shall commence a revocation process if the conditions are not satisfied; and, F. On November 17, 2010, the Planning Commission held a duly noticed public hearing to conduct a final six-month review of the Applicant’s compliance with Conditions 22, 23, 25, and 42 of Conditional Use Permit No. 08-29. Upon completion of this review, the Planning Commission determined that the Applicant Resolution No. 10-2723 Downey Planning Commission CUP 08-29 (PLN 11-00106) 10924 Paramount Blvd April 6, 2011 -Page 2 did not satisfy Condition 25 and Condition 42. The Planning Commission continued the public hearing to January 19, 2011, and granted an additional sixty (60) days for the Applicant to comply; and, G. On January 19, 2011, the Downey Planning Commission re-opened the public hearing to consider the Applicant’s progress to comply with the conditions of approval for Conditional Use Permit No. 08-29. The Planning Commission determined that the Applicant did not complete all of the conditions as required; however, they granted an additional sixty (60) days for the Applicant to comply and continued the public hearing to April 6, 2011; and, H. On April 6, 2011, the Downey Planning Commission re-opened the public hearing from its Regular Meetings of November 17, 2010 and January 19, 2011, to consider the Applicant’s progress toward complying with the conditions of approval for Conditional Use Permit No. 08-29, Revision “A”. During the April 6, 2011, public hearing, the Planning Commission determined that the Applicant satisfied all of the conditions of approval for Conditional Use Permit No. 08-29, Revision “A. I. On April 27, 2011, the Applicant filed a Planning Application to request approval of a conditional use permit (PLN Case No. 11-00106 to request approval of a Type 47 (On-Sale General – Eating Place) license in addition to the Type 75 license approved for the Downey Brewing Company. The Applicant also seeks to extend the hours of live entertainment at Downey Brewing Company from 12:00 p.m. to 1:00 a.m. by modifying Condition No. 8 of the Conditions of Approval for Conditional Use Permit No. 08-29; and J. On June 23, 2011, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot on June 23, 2011. K. The Planning Commission held a duly noticed public hearing on July 6, 2011, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No.11-2723, thereby approving PLN 11-00106. 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 comply 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: 1. The requested Conditional Use Permit will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. Conditional Use Permit No. 08-29, Revision A, seeks to obtain a Type 47 alcohol license (On-Sale General – Eating Place) in addition to the Type 75 license that is in effect, and to extend the hours of live entertainment at Downey Brewing Company from 12:00 p.m. to 1:00 a.m. by modifying Condition No. 8 of the Resolution No. 10-2723 Downey Planning Commission CUP 08-29 (PLN 11-00106) 10924 Paramount Blvd April 6, 2011 -Page 3 Conditions of Approval for Conditional Use Permit No. 08-29. The subject property is within the Paramount Boulevard District of the Downtown Downey Specific Plan. Live entertainment and alcohol sales at the existing restaurant provide a convenience to those members of the public who wish to enjoy entertainment with their meals. Live entertainment, coupled with a Type 47 alcohol license and a Type 75 alcohol license is consistent with the zoning and the General Plan and will not adversely affect the purpose and intent of neither the General Plan, which seeks to promote the downtown area as a destination point for entertainment, dining, civic, and other activities. 2. 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 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. Restaurants have occupied the subject site for more than thirty years and prior approvals for alcohol sales and live entertainment have been issued at this location. The requested use will not affect neighboring land uses due to the nature of the use and the manner in which the development housing the restaurant is oriented and designed. Furthermore, the conditions of approval will mitigate the potential noise impacts such that the business will not be a burden onto others. These conditions are necessary to avoid any adverse affects on the adjoining properties. 3. 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, because the subject property has been utilized as a full service restaurant for more than thirty years, with sufficient off-street parking in place. In addition, the square footage of the building is not being expanded. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Paramount Boulevard serves the project site and it is classified as a Primary Arterial Highway on the City’s Master Plan of Streets and Highways. The volume of traffic that the restaurant is estimated to generate will not burden the highway. The subject property has been in operation since 1984 and its traffic volumes have not adversely impacted Paramount Blvd and Third Street. Paramount Blvd contains two lanes in each direction, which run directly across Third Street. It would be able to absorb any additional traffic the requested use may create. 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 Revision ‘C’ to Conditional Use Permit No. 08-29 (PLN-11-00106), subject to the conditions of approval attached hereto as Exhibit A, 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. Resolution No. 10-2723 Downey Planning Commission CUP 08-29 (PLN 11-00106) 10924 Paramount Blvd April 6, 2011 -Page 4 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6h day of July, 2011. Robert Kiefer, 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 July, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONER: Theresa Donahue, Secretary City Planning Commission Resolution No. 10-2723 Downey Planning Commission CUP 08-29 (PLN 11-00106) 10924 Paramount Blvd April 6, 2011 -Page 5 CONDITIONAL USE PERMIT NO. 08-29, “REVISION C” EXHIBIT A – CONDITIONS (Modifications to Conditions 1, 8 and 12 Underlined) PLANNING 1) The approval of Conditional Use Permit No. 08-29, Revision C permits the operation of a restaurant with live entertainment and a Department of Alcoholic Beverage Control Type 47 (On-Sale General – Eating Place) license and a Type 75 (on-sale general -brewpub) license. This approval shall not be intended to approve a nightclub at the subject site. 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) The Planning Commission shall conduct a review of this Conditional Use Permit six (6) months after adoption of this resolution. Said review shall be conducted during a duly noticed public hearing, and at which time, the Planning Commission may modify the conditions of approval, require an additional review period, and allow the use to operate in perpetuity, or begin revocation proceedings. 5) All conditions of approval of Conditional Use Permit 08-29, Revision A shall be complied with before the Conditional Use Permit becomes valid, with the exception of the compliance days established in conditions 22, 23, 24, 25, 26 and 41. 6) Resolution No. 2526, which approved Conditional Use Permit No. 08-29 and Resolution No. 2188, which approved Conditional Use Permit No. 02-09 is hereby revoked and deemed null and void. 7) The permitted hours of operation of the business are 10:00 a.m. to 2:00 a.m. daily. 8) Hours of operation for the live entertainment shall be limited from 5:00 p.m. to 1:00 a.m. Live entertainment shall be limited to live bands, karaoke, and customer dancing only. Windows and doors shall remain closed during entertainment periods. The live entertainment area, including the dance area shall be permitted at either end of the restaurant, at one given time, and shall be limited to a 100 (10’ x 10’) sq. ft. Dancing is limited to customers only. 9) There shall be no cover charge for the admission to the business, except for during payper-view events. Resolution No. 10-2723 Downey Planning Commission CUP 08-29 (PLN 11-00106) 10924 Paramount Blvd April 6, 2011 -Page 6 10) The restaurant shall not operate as a banquet facility. Should private events utilize a portion of the facility, the restaurant shall remain open for the general public. 11) Customers shall not be within the business after closing time. 12) The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered at such restaurants. There shall be no alcoholic beverages permitted to be taken from inside of the establishment to the existing patio/dining area. Alcoholic beverages may be offered for sale in the patio/dining area provided that they are only consumed within the existing patio/dining area. 13) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the City Planner, the applicant shall provide evidence that the gross sale of food exceeds the gross sale of alcohol. 14) The kitchen shall shall remain open to serve a full menu at all times the business is open. The service/sale of prepackaged foods, salads, or sandwiches are not considered to be in compliance with this condition. 15) All promotions of the business shall be conducted under direct control of the business owner. There shall be no outside promoters of live entertainment or night club activity at any time. 16) 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. Should any noise complaints be formally submitted to the Police Department/Code Enforcement, the applicant/owner shall be responsible to hire a noise consultant to measure the dBA during a live entertainment use, and provide the evidence to the City Planner. 17) All storefronts shall remain free and clear of any type of window displays or tinting in order to provide adequate safety enforcement surveillance into the facility, except signs as permitted per the Downey Municipal Code. 18) The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 19) The owner/applicant shall be responsible for ensuring the subject property is free of litter and graffiti. Should graffiti be applied, the applicant shall remove the graffiti within 24 hours. 20) The owner/applicant shall not permit any loitering on the property. 21) All signs shall comply with the requirements set forth in the Downey Municipal Code. 22) The owner/applicant shall remove the existing wheel stops along the landscaped planter areas facing along Paramount in front of the building and along the east side of the building. Additionally, the owner/applicant shall remove the cinder blocks installs in the planter area around the monument sign. The owner/applicant shall pour and place 6” high permanent concrete around the landscape planters. In addition, the owner/applicant is required to landscape the planter areas with live plant materials. The owner/applicant shall be required to complete this condition within 90 days of this adopted resolution. Resolution No. 10-2723 Downey Planning Commission CUP 08-29 (PLN 11-00106) 10924 Paramount Blvd April 6, 2011 -Page 7 23) The owner/applicant shall repaint the existing monument and freestanding sign trims and base to match the existing building within 30 days of this adopted resolution. 24) The owner/applicant shall patch and slurry seal the existing asphalt parking lot within 90 days of this adopted resolution. 25) The owner/applicant shall be required to legalize the new patio cover located on the south side of the building. Furthermore, the owner/applicant shall fully enclose the perimeters of the outdoor patio/dining area by installing gates with self-latching panic hardware on the west and east ends of the outdoor patio/dining area. The gates shall swing outward towards the parking lot. The east gate shall have a posted sign on the fence indicating that it is an emergency exit only. The applicant shall comply with condition 25 within 90 days of this adopted resolution. 26) The owner/applicant shall remove the phone booth along Paramount Boulevard within 30 days. POLICE 27) Prior to commencement of business, the applicant shall obtain a Police Permit for the live entertainment. 28) Payment for alcoholic beverage services shall be made only after such services have been provided to the patrons by the business. 29) The owner/applicant shall impose a dress code that shall not permit patrons to wear the following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are worn backwards. 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) A copy of the Conditional Use Permit and 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. 32) The applicant shall provide licensed and bonded, uniformed patrolmen or security guards at such times as determined by 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. 33) Signs shall be posted at all entrances to the premises and business identifying a zerotolerance policy for nuisance behavior at the premises (including the parking lot). BUILDING 34) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. Resolution No. 10-2723 Downey Planning Commission CUP 08-29 (PLN 11-00106) 10924 Paramount Blvd April 6, 2011 -Page 8 35) The applicant shall obtain permits for the installation of any lights/sound systems. 36) The applicant shall clearly post the maximum occupancy, as determined by the Building Official. The applicant shall not permit the actual occupancy of the building to exceed the maximum allowed. FIRE 37) All construction shall comply with the requirements of the 2007 California Fire Code, as amended by the City of Downey. 38) The two (2) swing doors accessing to the kitchen from the dining area shall be removed within 30 days of this adopted resolution. 39) An “emergency exit” sign shall be posted above doorways to direct patrons outside of the building within 30 days of this adopted resolution. PUBLIC WORKS 40) The owner/applicant shall replace all broken, uneven, or sub-standard curb, gutter, sidewalk, driveway, disabled ramps and pavement, to the satisfaction of the Public Works. Contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified just prior to initiating any construction plans and applying for a Public Works Excavation Permit. The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey’s Standard Plans and Specifications. 41) The applicant shall install all new utilities associated with this project underground. 42) The owner/applicant shall provide a trash enclosure with roof cover within 90 days and is subject to the City Planner’s approval. 43) All areas within the scope of work of this project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 44) Prior to final of building permits, the applicant shall remove all construction graffiti created as part of this project from the public right of way and on the subject site. 45) The owner/applicant shall maintain the on-site inlet drain boxes and to prevent future clogs.