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HomeMy WebLinkAboutResolution No. 6734 RESOLUTION NO. 6734 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING AN APPEAL AND APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A BANQUET FACILITY WITH VALET PARKING AND LIMITED ENTERTAINMENT AT AN EXISITNG BUILDING ON PROPERTY AT 11022 DOWNEY AVENUE, ZONED C3 -DP (CENTRAL BUSINESS DISTRICT DOWNTOWN PLAN). THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. An application was filed by Marcos Morales of Retail Plus (hereinafter "Applicant ") requesting Conditional Use Permit No. 03 -86 to establish a restaurant and banquet facility with valet parking and limited entertainment at an existing building on property at 11022 Downey Avenue, zoned C3 -DP (Central Business District Downtown Plan) (hereinafter "Subject Property "); B. On December 17, 2003, the Downey Planning Commission held a duly noticed Public Hearing and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid Public Hearing, adopted Resolution No. 2320, approving Conditional Use Permit No. 03 -86; C. On December 29, 2003, an appeal of the Planning Commission's decision was submitted to the Downey City Council by Shephard Development and the First Baptist Church of Downey (hereinafter "Appellants "); D. On January 27, 2004, the Downey City Council opened the Public Hearing for Conditional Use Permit No. 03 -86 and continued the item to the February 10, 2004 Council meeting; and E. On February 10, 2004, the Downey City Council, after fully considering all oral and written testimony and facts and opinions, denied the appeal and approved Resolution No. 6734 approving Conditional Use Permit No. 03 -86. SECTION 2. Having considered all of the oral and written evidence presented to it at said Public Hearing, the City Council further finds, determines and declares that: A. The property is zoned C3 -DP (Central Business District Downtown Plan), which is consistent with the General Plan land use designation of "Mixed Use." Program 9.3.1.1 of the General Plan states the City shall "develop and implement a downtown plan." In 2000, the City established the Downtown Plan overlay RESOLUTION NO. 6734 PAGE TWO +` zone, which outlined permitted uses, development standards and parking requirements. The Plan was established to create a pedestrian friendly environment with uses that would draw people to shop, eat and attend entertainment events. Therefore, the proposed use for a restaurant and banquet facility with limited entertainment would be consistent with the Downtown Plan and the General Plan. B. The subject property is located along Downey Avenue and Third Street, in the downtown area. The building on the property is consistent with other buildings in the downtown area — with little or no street setbacks and on -site parking. The Downtown Plan and General Plan call for the redevelopment of the downtown area. The subject property was formerly a movie theater, but closed in July 2003. The proposed use will assist in the revitalization efforts of the downtown area and will enhance the growth and development of the area. Furthermore, valet parking will be provided to reduce parking impacts and conditions of approval have been placed to protect adjacent properties from excessive noise and loitering. C. The size and shape of the subject property is adequate to allow the full development of the proposed use in a manner not detrimental to the area. The subject property was first developed in the 1920s. The proposed use will not add to the building footprint. Rather, it will carve out a second floor from the existing building area. D. Downey Avenue is designated a Secondary Highway by the City's General Plan, while Third Street is designated a Collector Street. While the proposed use would generate more parking than the existing use, the downtown area would be able to absorb the increases. The peak periods for the proposed use are not during the traditional AM and PM peak hours. Rather, the peak hours for the use are on evenings and weekends. In addition, the applicant will provide valet parking during peak periods. E. The conditions imposed on the subject site by this action as described in Exhibit A, 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 section. The conditions are fair and reasonable for the accomplishment of these purposes. F. An Initial Study (IS) and Negative Declaration (ND) of Environmental Impact were prepared for Conditional Use Permit No. 03 -86, in accordance with the provisions of the California Environmental Quality Act (CEQA), state CEQA Guidelines, and City of Downey's Procedures for Implementing CEQA and it indicates that there will be no significant environmental impacts. RESOLUTION NO. 6734 PAGE THREE SECTION 3. Based upon the foregoing, the Downey City Council makes the findings set forth in Section 9166.12 of the Downey Municipal Code and approves this Resolution denying the appeal and approving Conditional Use Permit No. 03 -86 to establish a restaurant and banquet facility with valet parking and limited entertainment at an existing building on property at 11022 Downey Avenue, zoned C3 -DP (Central Business District Downtown Plan). SECTION 4. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED this 10th day of February, 2004. '40 KIRK O. CARTOZ ; , Mayor ATTEST: JO C E. DOYLE, Chief Deputy City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 10th day of February, 2004, by the following vote, to wit: AYES: 4 Council Members: McCarthy, Perkins, Trejo, Mayor Cartozian NOES: 1 Council Members: Bayer ABSENT: 0 Council Members: None ABSTAIN: 0 Council Members: None r-C1/45) k JO E. DOYLE, Chief Deputy City Clerk RESOLUTION NO. 6734 PAGE FOUR CONDITIONAL USE PERMIT NO. 03 -86 EXHIBIT A - CONDITIONS PLANNING 1) This approval is to permit the establishment of a restaurant and banquet facility with valet parking and limited entertainment for weddings, social events, business meetings, seminars, conventions and similar activities at an existing building on property at 11022 Downey Avenue as shown on the site and floor plans dated and received on December 1, 2003. Deviations or exceptions from said site plan, other than those authorized by this resolution, shall not be permitted without the approval of the Downey Planning Commission or City Council. 2) Hours of operations for the business shall be limited to only 8:00 a.m. to 11:00 p.m. Sundays through Thursdays and from 8:00 a.m. to 1:00 a.m. Fridays and Saturdays. No function using the banquet facility shall be scheduled before 11:30 a.m. on any Sunday. The number of musicians /performers for live entertainment shall be limited to a maximum five at any given time. There shall be no participant contests, cover charges or special promotions that would be typical of a nightclub. 3) Alcoholic beverages shall be available with bonafide meals and the kitchen shall not close prior to one hour before the business closes. 4) The owner /applicant shall provide valet parking service for any entertainment or assembly activity by using either a public parking lot or a private lot within 500 feet of the subject property. If a public lot is requested, the owner /applicant shall receive Community Development Commission approval for the following: 1) establish valet service and the applicant will require its employees to park only on the top level of City parking lots where no time limits are imposed; 2) establish hours of operation for the valet lot; and 3) establish the route to and from the valet parking area and the valet service offered by the applicant shall not traverse any property owned by or under control of the First Baptist Church of Downey or Shepard Development. 5) The owner /applicant shall comply with Section 9150 of the Downey Municipal Code related to attendant and valet parking. The valet drop -off and pick -up shall have stacking distance for a minimum 2 vehicles and shall be approved by the City Planner, Traffic Engineer and Fire Department. In addition, valet service shall be free of charge to patrons and an attendant shall be at the valet lot at all times it is in use. The owner /applicant shall also place permanent and temporary signing identifying the area for "valet parking only" as approved by the Traffic Engineering Division. 6) The owner /applicant shall provide a noise study, to the City's specifications, by a registered acoustical engineer if the use results in complaints or disturbances to surrounding property owners. The study shall be used to establish ambient noise level at RESOLUTION NO. 6734 PAGE FIVE the facility (with and without the use being conducted) to ensure noise levels generated meets City standards. 7) The Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice to ensure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. 8) All conditions of Conditional Use Permit No. 03 -86 shall be complied with before this Conditional Use Permit becomes valid. 9) The owner /applicant shall remodel the exterior of the structure and receive Design Review Board approval for its architecture, building materials and colors. 10) Applicant shall prepare a "Parking Regulations" flyer which shall specifically state 1) that all patrons of the restaurant and /or banquet facility shall not park in any lots or other property owned or operated on behalf of the First Baptist Church of Downey or Shepherd Development, 2) that such patrons are directed to park only west of Downey Avenue in City lots or other public parking, and 3) that any patron's car parked on Church or Shepherd development property shall be subject to removal at the owners expense. The Parking regulation flyer will include an appropriate diagram depicting the Church and Shepherd Development parking lots, and the City lots located west of Downey Avenue recommended for use by patrons of the restaurant and/or banquet facility. Applicant shall provide a sufficient number of Parking Regulation flyers to the sponsor of any group event using the banquet facility to allow advance distribution thereof to all anticipated event attendees, and shall request that the event sponsor distribute the flyer to such attendees. 11) Applicant shall prominently display the contents of the Parking Regulation flyer in appropriate locations in the restaurant and banquet facility to reasonably disseminate such information to all patrons. ENGINEERING 12) The owner /applicant shall replace any damaged curb, gutter, sidewalk or driveway approaches to the satisfaction of the City Engineering Division. 13) The owner /applicant shall receive approval by the City Planner and Traffic Engineer as to the location for the valet parking drop -off and pick -up area. 14) The owner /applicant shall obtain all necessary plan approvals and permits. RESOLUTION NO. 6734 PAGE SIX FIRE 15) The owner /applicant shall provide occupancy load signing in conspicuous locations inside business. Occupancy load to be determined by Building and Fire Departments. 16) The owner /applicant shall provide knox access to business. 17) The owner /applicant shall obtain all necessary plan approvals and permits. BUILDING 18) The owner /applicant shall obtain all necessary plan approvals and permits. POLICE 19) The owner /applicant shall obtain an entertainment permit from the Downey Police Department. 20) The owner /applicant shall provide a minimum two (2) security guards on Fridays and Saturdays from 9:00 p.m. until closing. This shall be in addition to parking attendants for the valet parking. Security personnel will be required to wear polo -style shirts or windbreaker -style jackets with "security" boldly printed on the back, as to be easily identifiable by patrons and law enforcement personnel. Security shall maintain order on the premises, including the public parking lot to the east of the subject property. 21) All storefronts shall remain free and clear of any type of window displays, signing or tinting in order to provide adequate safety enforcement surveillance into the facility. 22) The exterior of the building entrances 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. 23) The owner /applicant shall be responsible for ensuring the subject property is free of litter and graffiti. 24) The owner /applicant shall not permit any loitering on the subject property or any adjacent property. 25) All employees shall have valid identification accessible to them and must present the identification upon request of any law enforcement officer. 26) The sale of alcoholic beverages for consumption off the premises is prohibited.