HomeMy WebLinkAbout1.PLN-12-00199-7931 Firestone BlvdSTAFF REPORT
DATE: OCTOBER 17, 2012
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-12-00199 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW THE
EXPANSION OF THE LIVE ENTERTAINM ENT AT AN EXISTING RESTAURANT
THAT OPERATES WITH AN ALCOHO LIC BEVERAGE CONTROL TYPE 47
LICENSE, ON PROPERTY LOCATED AT 7931 FIRESTONE BOULEVARD,
ZONED C-2 (GENERAL COMMERCIAL).
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
PLN-12-00199 (CONDITIONAL USE PERMIT), AL LOWING THE EXPANSION OF THE LIVE
ENTERTAINMENT TO INCLUDE DISC JO CKEY, LIVE BAND, KARAOKE, AND DANCING AT
AN EXISTING RESTAURANT (VASILIO’S REST AURANT & BAR) THAT OPERATES WITH AN
ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON-SALE GENERAL, EATING PLACE)
LICENSE, ON PROPERTY LOCATED AT 7931 FIRESTONE BOULEVARD, ZONED C-2
(GENERAL COMMERCIAL).
DISCUSSION
On October 3, 2012, the Planning Commission opened a public hearing to consider PLN-12-
00199, a request by Mr. Jose Correa, the owner/applicant of Vasilio’s Restaurant & Bar, to allow
the expansion of the live entertainment activities at his existing restaurant that operates with a
Type 47 alcohol license. At the conclusion of the public testimony, the Planning Commission
continued the item until October 17, 2012, to allow staff additional time to consider issues raised
by the neighboring property owners relating to noise that generated from the subject business.
On October 4, 2012, staff met with the applicant at the subject business to discuss the neighbor’s
concerns and the business’s hours of operation. In addition, during the October 3, 2012, Planning
Commission public hearing, the Commissioners directed staff to obtain police records regarding
public nuisance complaints about noise generating from the business. The Commissioners also
expressed their concerns regarding to whether the applicant would comply with the California State
Department of Alcoholic Beverage Control (ABC) requirements. The Planning Commission’s
discussion is summarized as follows:
1. Provide copies of police reports relating to public nuisance at the subject property;
2. Condition No. 10 of the Resolution requires that the applicant provide evidence that the
gross sales of food exceed 50% the gross sale of alcohol, as required by ABC.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
According to the police reports within the last two (2) years, the Downey Police Department
responded to a number of calls involved the subject business. The police reports are summarized
as follows:
Noise Fight/Disturbance Theft/Burglary Code Enforcement Other
2 3 2 3 1
In addition to the police reports, staff received a disciplinary history of the subject business from
ABC, indicating a fine of $3,000 was issued to the business owner for selling alcohol beverages to
minor.
After considering the issues and concerns raised during the October 3, 2012 Planning Commission
public hearing, and after evaluating the police reports for the subject site, staff believes additional
safety measures be implemented to avoid any future problems. As such, staff suggests that live
entertainment activities and the sale of alcoholic beverages shall cease at 1:30 a.m. and the
business shall close at 2:00 a.m. instead of 3:00 a.m. as proposed by the Applicant. This change
still allows customers to finish their drinks, meals and leave the premises by closing time. Also,
closing at 2:00 a.m. is consistent with other live entertainment establishments in the vicinity (see
table below).
Hours of Live
Restaurant/Bar ABC Type Hours of Operation
Entertainment
Club DB Lounge
3:00 p.m. to 2:00 a.m.
Type 48 9:00 p.m. – 1:30 a.m.
daily
8206 Firestone Blvd
8:00 a.m. – Midnight
Epic Lounge
Type 41 (On-Sale Beer
Sunday – Thursday, 7:00 p.m. and stop one hour
& Wine – Eating Place)
8239 Second Street before closing
8:00 a.m. – 2:00 a.m.
Friday and Saturday
9:00 p.m. to 1:30 a.m.
5:00 p.m. - 1:30 a.m.
Mosaik Hookah Lounge
Sunday through Wednesday
Sunday - Wednesday 5:00
None
p.m. - 2:00 a.m. Thursday and 9:00 p.m. to 2:00 a.m.
11029 Downey Ave
Thursday through Saturday.
- Saturday
7:00 a.m. – Midnight
All live entertainment shall
La Baca
Type 47 (On-Sale Monday & Tuesday, 7:00
stop one (1) hour prior to
General – Eating Place) a.m. – 2:00 a.m.
11010 Paramount
closing
Wednesday - Sunday
Type 47 (On-Sale
General – Eating Place)
Downey Brewing Co.
10:00 a.m. to 2:00 a.m.
and Type 75 (on-sale 5:00 p.m. to 1:00 a.m.
10924 Paramount BL daily
general - brewpub)
license
5:00 p.m. - 1:00 a.m.
Lock and Key
Type 47 (On-Sale Monday-Wednesday and
5:00 p.m. to 1:00 a.m.
General – Eating Place) noon - 2:00 a.m., Thursday
11033 Downey Ave
- Sunday.
10:00 a.m. - Midnight
Monday – Thursday &
BJ’s Restaurant
Type 47 (On-Sale
Sunday and 10:00 a.m. - None
General – Eating Place)
251 Stonewood Street
1:00 a.m. Friday &
Saturday.
Buffalo Wild Wings
Type 47 (On-Sale
9:00 a.m. to 2:00 a.m. daily None
General – Eating Place)
193 Stonewood Street
PLN-12-00033 – 9701 Bluff Rd
April 18, 2012, 2012 - Page 2
In addition, the secondary entrance/exit along the westerly side of the building allows noise to
escape from inside the building. Staff recommends a condition that requires this side door to
remain closed during all hours of operation, except to allow employee ingress/egress and in case
of emergency. As an alternative, the Commissioners may impose a condition that requires a 6-
month or a one-year review of the application to ensure that the owner/applicant complies with the
conditions of approval.
In response to the Commissioners’ inquiries about Vasilio’s operating with an Alcohol Beverage
Control (ABC) Type 47 license, staff recognizes that this type of license allows the sale of beer,
wine and distilled spirits for consumption on the premises, provided the business is a “Bona
Fide Eating Place.” The Planning Commission asked if Vasilios is operating as a bona fide
eating place in compliance with the ABC Type 47 license or are they operating as a nightclub
that requires a different license? In order to determine if Vasilios is a bona fide eating place,
ABC applies the following two criteria:
1. The sale of meals occurs during normal meal hours (as defined as Breakfast 6:00 a.m. -
9:00 a.m.; Lunch 11:00 a.m. - 2:00 p.m.; and Dinner 6:00 p.m. - 9:00 p.m.) that the
business is open. This includes having worki ng refrigeration and cooking devices, pots,
pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough
goods to make substantial meals. The service of only sandwiches or salads is not
considered to be in compliance with this regulation.
2. The gross sales of food prepared and sold to guests on the premises exceed the gross
sales of alcoholic beverages. In this case, “Prepared” means any processing preliminary
to the final serving of food.
Even though Vasilio’s Restaurant & Bar is not open for breakfast and lunch, they are open
during the normal dinner meal hours, at which ti me they are serving a full menu. Furthermore,
Vasilios’ kitchen is open and available for meal service during all hours of operation. Finally,
staff is recommending a condition of approval that reiterates that the gross sale of food shall
exceed the sales of alcohol. With these provisions, it is staff’s opinion that Vasilio’s complies
with the ABC regulations to operate as a “Bona Fide Eating Place”.
CORRESPONDENCE
On October 10, 2012, staff received a written correspondence from Mr. Eduardo Schonborn, a
resident to the north of subject property, voicing concerns about the proposed application (see
attached letter). The letter is summarized as follows:
Mr. Schonborn believes the application is not consistent with the permitted use of the site
and does not further the permitted use of a restaurant; rather, it legitimizes its use as a
nightclub.
The property’s underlying zoning allows for a “restaurant” use, and ancillary uses can be
approved with a CUP. The proposal, which includes a DJ and live bands, and operating
until 3 a.m. is not consistent with a “restaurant” use.
Taking into account the request, coupled with what this establishment already conducts,
this will no longer be a restaur ant that offers entert ainment; rather, it w ill be a nightclub that
happens to offer food. Thus, the ancillary use will now become food service, thereby
legitimizing its use as a nightclub.
PLN-12-00033 – 9701 Bluff Rd
April 18, 2012, 2012 - Page 3
Mr. Schonborn feels that if this is not a nightclub, then there should be no admission fee or
cover charge collected to enter the facility. Thus, a condition should be included that
specifies this.
Mr. Schonborn recognizes that there are three (3) residential properties that abut the
subject property, and a facility with a DJ and live bands creates an adverse impact to the 3
abutting residential properties, especially at 3 a.m.
Mr. Schonborn believes that lines of people waiting to enter the night club will result in noise
impacts, and the patrons leaving the facility at 3 a.m. will result in noise impacts to the
abutting residential properties.
Mr. Schonborn notes that the parking lot is adjacent to these residences; thus, cars
entering/leaving the site, and car alarm sirens at 3 a.m. are adverse impacts.
nd
Mr. Schonborn resides on the north side of 2 street approximately 400-feet away, and the
current operation is audible from my property. Mr. Schonborn can envision what the
residences that abut the site must hear. The proposal will worsen the existing situation and
will allow it to occur every single night until 3 a.m.
Mr. Schonborn believes the noise levels from live bands cannot be controlled like those of a
DJ or karaoke. Therefore, he suggests live bands should not be approved as part of this
request.
Mr. Schonborn agrees with a proposed condition that requires the northern and western
doors to remain closed.
Mr. Schonborn indicates the Resolution includes a proposed condition regarding noise.
However, the condition does not state how this is monitored, nor by whom. He believes
that the applicant must bear the responsibility and cost to ensure that the 65dBA level is
not exceeded, and at a minimum the applicant should be required to submit (to the City)
appropriate noise studies/reports/analysis fr om a qualified acoustical professional that
ensure noise levels do not exceed the 65dBA level.
Mr. Schonborn suggests additional conditions to address noise includes requiring a
noise monitoring analysis that establishes the existing ambient noise levels during
various times and days of the week (i.e., ambient levels between 7pm and 10pm,
between 10pm and midnight, and between midnight and 3am; Monday thru Thursday,
and Friday thru Sunday).
Mr. Schonborn requests a condition that requires the use to be reviewed by the Planning
Commission at 6-month or annual intervals.
As mentioned in the previous staff report dated October 3, 2012, the Downey Police Department
in 1997, issued an entertainment permit for the operation of Vasilio’s Restaurant & Bar. Since
then, Vasilio’s has operated as a nonconforming use. Note that under the current code, the sale of
alcoholic beverages with live entertainment requires approval of a conditional use permit by the
Planning Commission. In reviewing Mr. Schonborn’s comments and concerns, staff feels that all
the conditions of approval will address any potent ial problems that may ar ise at the subject site.
Attachments: Staff Report dated October 3, 2012
Letter from Mr. Eduardo Schonborn dated October 10, 2012
Exhibits
H:\Community Development\Nguyen\CASES\CUP\2012\7931 Firestone (Vasilios live ent)\12-00199 staff 2.doc
PLN-12-00033 – 9701 Bluff Rd
April 18, 2012, 2012 - Page 4
RESOLUTION NO. 12-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-12-00199 (CONDITIONAL USE PERMIT), ALLOWING THE
EXPANSION OF THE LIVE ENTERTAINMENT TO INCLUDE DISC JOCKEY, LIVE
BAND, KARAOKE, AND DANCING AT AN EXISTING RESTAURANT (VASILIO’S
RESTAURANT & BAR) THAT OPERATES WITH AN ALCOHOLIC BEVERAGE
CONTROL TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE, ON
PROPERTY LOCATED AT 7931 FIRESTONE BOULEVARD, ZONED C-2 (GENERAL
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. An application was filed by Mr. Jose Correa (hereinafter "applicant") requesting
Planning Commission approval of PLN-12-00199 (Conditional Use Permit), to allow
live entertainment and the operation of a Type 47 (On-Sale General, Eating Place)
alcohol license at the existing restaurant (Vasilio’s Restaurant & Bar) located 7931
Firestone Boulevard, and zoned C-2 (General Commercial); and
B. On September 21, 2012, 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 ; and
C. The Planning Commission held a duly noticed public hearing on October 3, 2012,
which was continued to October 17, 2012, and after fully considering all oral and
written testimony and facts and opinions offered at aforesaid public hearings,
adopted Resolution No. 12-_____
, subject to conditions of approval (Exhibit A).
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed developm ent 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 hearings, the Planning Commission further finds, determines and declares that:
1.
That 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
The requested conditional use permit to allow a Type 47
neighborhood thereof.
(On-Sale General, Eating Place) alcohol license and live entertainment at the
existing restaurant (Vasilio’s Restaurant & Bar) 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
because the site is developed as a commercial use and it serves the immediate
neighborhood already. The approval of this conditional use permit will provide an
additional convenience to patrons of the restaurant since it will allow for the sale of
beer and wine in conjunction with the sale of meals.
Resolution No. 12-______
Downey Planning Commission
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 proposed conditional use permit will not adversely affect the adjoining land
uses since the proposed use generally conforms to its C-2 zone development
standards. The alcohol license and live entertainment activities will compliment the
proposed restaurant and surrounding commercial uses along Firestone Boulevard
and will serve the public with a use that previously allowed at the 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
The size and shape of the subject property is generally adequate
particular area.
to allow for the new restaurant in a manner not detrimental to the area since the
proposed change does not include further expansion of the existing restaurant
building.
4.
That the traffic generated by the proposed use will not impose an undue
The traffic generated by the
burden upon the streets and highways in the area.
proposed use will not impose an undue burden upon the streets and highways in
the area because Firestone Boulevard is designated as a major arterial by the
City’s General Plan. Firestone Boulevard is able to absorb any additional traffic
this request may create, although staff does not foresee a significant traffic
increase since the building and parking areas already exist.
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 PLN-12-00199 (Conditional Use
Permit), subject to 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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
th
PASSED, APPROVED AND ADOPTED this 17
day of October, 2012.
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
th
Planning Commission of the City of Downey at a regular meeting thereof held on the 17 day of
October, 2012, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
PLN 12-00199 (CUP) – 7931 Firestone Blvd
October 17, 2012 – Page 2
Resolution No. 12-______
Downey Planning Commission
PLN-12-00199 (CONDITIONAL USE PERMIT)
EXHIBIT A – CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-12-00199 (Conditional Use Permit), allows the expansion of live
entertainment in the form of musicians to include karaoke, dancing, disc jockey, live band,
and the operation of a Type 47 (On-Sale General, Eating Place) Alcohol Beverage Control
license, at the existing restaurant located at 7931 Firestone Boulevard. Go-go dancers
will not be permitted at any times.
2) The restaurant’s hours of operation are Monday though Sunday, 12 noon – 2:00 a.m. with
the sale of alcoholic beverages and live entertainment activities stop at 1:30 a.m.
3) The owner/applicant shall ensure that the west (side) door remains closed during all hours
of operation, except to allow employee ingress/egress and in case of emergency. The
primary entrance and exit from the building will be at the front (south) door facing
Paramount Boulevard.
4) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, measured at the property line. If noise-
related problems are received and verified by the Planning Division, the owner/applicant is
required to conduct a noise study by a licensed acoustical engineer to show that the site
complies with City’s noise standards.
5) There shall be no cover charge for admission to the business before 9:00 p.m. daily.
6) The dance floor shall be located directly in front of the raised stage. Customer dancing
shall only be permitted on the dance floor.
7) The owner/applicant shall not permit any loitering on the subject site.
8) Customers shall not be within the business after the specified closing time.
9) The sale of alcohol shall be incidental to the sale of food within the dining area.
10) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
City Planner, the applicant shall provide evidenc e that the gross sales of food exceed 50%
the gross sale of alcohol.
11) The kitchen 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.
12) 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.
13) The Applicant shall comply with all conditions of PLN-12-00199 (Conditional Use Permit)
before this Conditional Use Permit becomes valid.
PLN 12-00199 (CUP) – 7931 Firestone Blvd
October 17, 2012 – Page 3
Resolution No. 12-______
Downey Planning Commission
14) 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.
15) The parking lot shall be equipped with lighting of sufficient power to illuminate and make
easily discernable the appearance and conduct of all persons on or about the parking lot.
However, parking lot lighting shall be shielded, directed, and/or positioned as to not
illuminate adjoining properties or right-of-ways.
16) If proposed, all roof-mounted mechanical equipment shall be screened from public view.
The working drawings shall include a cross-section detail to illustrate that the height of the
building parapet is sufficient to screen all roof-mounted equipment from the view of
adjoining streets and neighboring properties.
17) All signs shall comply with Chapter 6 of Article IX of the Downey Municipal Code.
18) All promotions of the business shall be conducted under direct control of the business
owner. There shall be no outside promoters of liv e entertainment or night club activity at
any time.
19) 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.
BUILDING
20) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
21) Prior to the commencement of construction, the applicant/owner shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit final
prior to beginning operation of the site.
FIRE
22) Plans to be submitted through Building and Safety and shall comply with 2010 California
Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
PLN 12-00199 (CUP) – 7931 Firestone Blvd
October 17, 2012 – Page 4
Resolution No. 12-______
Downey Planning Commission
23) If applicable, the applicant/owner shall install a Knox® Rapid Entry System for the new
building.
24) If applicable, the applicant/owner shall install an approved Automatic Fire Extinguishing
System throughout.
POLICE
25) Prior to occupy the building, the owner/applicant shall obtain any and all required Police
Department permits for this Conditional Use Permit.
26) 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 char ged with the enforcement of the City’s laws,
ordinances, or regulations.
27) 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).
28) The owner/applicant shall provide three (3) licensed and bonded, uniformed patrolmen or
security guards at such times as determined by, and in consultation with, the Chief of
Police. The number of security guards may be increased or decreased as the Chief of
Police determines is necessary.
29) Payment for beverage services shall be m ade only after such services have been provided
to the patrons by the business.
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.
PLN 12-00199 (CUP) – 7931 Firestone Blvd
October 17, 2012 – Page 5