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HomeMy WebLinkAbout2. PLN-12-00267 - 11018 Downey AveSTAFF REPORT DATE: DECEMBER 19, 2012 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-12-00267 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW LIVE ENTERTAINMENT ACTIVITIES AT THE MAMBO GRILL RESTAURANT, WHICH OPERATES WITH AN ALCOHOLIC BEVE RAGE CONTROL TYPE 47 LICENSE, ON PROPERTY LOCATED AT 11018 DOWNEY AVENUE, ZONED DDSP (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 Sect ion 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. It is staff’s opinion that the pr oposed live entertainment activities at the existing restaurant will not have a significant effect on the environment; thereby qualifying for the Class 1 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 PLN-12-00267 (CONDITIONAL USE PERMIT), ALLOWING DISC JOCKEY, DANCING, LIVE BANDS, AND KARAOKE AT THE MAMBO GRI LL RESTAURANT, WHICH OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 11018 DOWNEY AVENUE, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN). CODE AUTHORITY The Downtown Specific Plan requires a conditional use permit for entertainment uses (including bars, night club, and live entertainment. The Planning Commission’s authority to consider the request is set forth in the Downey Municipal Code Section 9824 (Conditional Use Permit). PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA SITE LOCATION 11018 Downey Ave SITE DESCRIPTION A. Subject Property: 1. Property Information Site Location: 11018 Downey Avenue AIN: 6254-019-001 2. Applicant Information Property Owner: Steve Apterker Downey Ave Investments, LLC P.O. Box 69355 Los Angeles, CA 90069 David B. Llamas Business Owner: Mambo Grill & Sports Bar 11018 Downey Avenue Downey, CA 90241 3. CEQA Determination: Categorical Exemption (Class 1) 4. Noticing Information Applicant Notification: November 21, 2012 Required Action Date: January 20, 2013 B. Surrounding Properties: Zone Use North DDSP (Downtown Downey Specific Plan) Retail & Office West DDSP (Downtown Downey Specific Plan) Retail & Office South DDSP (Downtown Downey Specific Plan) Retail & Office East DDSP (Downtown Downey Specific Plan) Retail & Office PLN-12-00267 (CUP) – 11018 Downey Ave December 19, 2012 - Page 2 C. Photograph of Subject Business: Subject Site – View from Downey Avenue BACKGROUND Mr. David B. Llamas, the owner of Mambo Grill Restaurant & Bar, requests approval of a conditional use permit application, to allow live entertainment activities that include disc jockey, live bands, dancing and karaoke, at his restaurant located at 11018 Downey Avenue. The subject site is a 9,289 square foot parcel that is located on the east side of Downey Avenue, nd rd between 2 Street and 3 Street. The site is zoned DDSP (Downtown Downey Specific Plan) with a General Plan Land Use Designation of “Mixed Use”. The subject restaurant is occupied within a 3,000 square foot single-story building with customer parking on the street and at east (rear) side of the restaurant. On October 23, 2012, Mr. Llamas submitted a Land Use Permit Application for PLN-12-00267 (Conditional Use Permit). After a careful review of the proposal, staff deemed the application complete on November 21, 2012. On December 6, 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. DISCUSSION/ANALYSIS The existing restaurant currently operates with a Department of Alcoholic Beverage Control (ABC) Type 47 (On-Sale General, Eating Place) license. Under this land use permit application, Mr. Llamas seeks to enhance the live entertainm ent aspect of the restaurant by including disc jockey, dancing, live bands and karaoke. According to Mr. Llamas, the requested conditional use permit w ill allow the restaurant to increase its sales revenues significantly. However, the gross sales of alcohol shall not exceed the gross sales of food and the applicant may be required to provide evidence that the gross sales of food exceed 50% the gross sale of alcohol. The restaurant proposes to be open seven (7) days a week, from 9:00 a.m. to midnight, except on Friday, when the business will close at 2:00 a.m. Live entertainment activities and the sale of alcoholic beverages will cease thirty (30) minutes before closing time. This allows patrons time to finish their drinks, meals, and leave the premises by closing time. PLN-12-00267 (CUP) – 11018 Downey Ave December 19, 2012 - Page 3 Pursuant to the Downtown Downey Specific Plan (DDSP), the sale of alcoholic beverages with live entertainment does not require the approval of a conditional use permit. However, the subject site is located within the Downtown Core District and the DDSP stipulates that the operation of live entertainment, bar and night club requires the approval of a conditional use permit application by the Planning Commission. Staff supports the request for live entertainment in conjunction with the operation of a Type-47 license. Allowing live entertainment will attract patr ons to the Downtown Core District and allowing music to play late in the evening is consistent with other downtown businesses. However, staff has concerns about potential noise generated from the establishment and the impacts of that noise upon the adjoining businesses. To mitigate and to avoid future problems, staff has recommended a condition requiring that all entry and exit doors to and from the establishment shall remain closed during the permitted hours of operation. FINDINGS Staff has reviewed the proposal and has developed the following findings for the approval of the PLN-12-00267 (Conditional Use Permit): 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 neighborhood thereof. The requested conditional use permit for entertainment uses under the category “Bar/Night Club/Live Entertainment” will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is within the DDSP (Downtown Downey Specific Plan) zone, and it is adjacent to other properties with the same zoning designation. The requested conditional use permit will allow live entertainment that includes disc jockey, live band, dancing and karaoke at the Mambo Grill Restaurant, located at 11018 Downey Avenue, and 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 the project site, along with the historic downtown maintain the Mixed Use General Plan designation, which is intended to help facilitate entertainment uses. Related to this is General Plan Program No. 1.2.2.1 which states, “Promote the downtown area as a destination point for entertainment, dining, civic, and other activities.” Allowing Mambo Grill Restaurant to operate with live entertainment activities in the Downtown Core area will encourage people to come into the downtown area. 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, because a condition of approval of PLN-12-00267 requires the entry and exit doors to the restaurant to remain closed during business hours. Also, the proposed use conforms to its DDSP zone development standards. The “live entertainment” will complement the existing restaurant and surrounding commercial uses and will serve the public with a use that the Downtown Downey Specific Plan deems appropriate for uses within the Downtown Core area. 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 particular area. The size and shape of the subject property are sufficient to allow live entertainment activities in a manner not detrimental to the downtown area since the proposed change does not include further expansion of the existing restaurant building. PLN-12-00267 (CUP) – 11018 Downey Ave December 19, 2012 - Page 4 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is located within the Downtown Core District of Downtown Downey, with arterial access being provided from Firestone Boulevard. Staff has reviewed the proposal and considered the potential increase in traffic caused by operation of the business. It is staff’s opinion that the surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the requested live entertainment. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Staff recommends that the Planning Commission adopt a resolution approving PLN-12-00267 (Conditional Use Permit), thereby allowing live entertainment in the form of dancing, disc jockey, live bands, and karaoke, at the Mambo Grill Restaurant, which operates with a Type 47 (On-Sale General, Eating Place) alcohol license, subject to the conditions of approval. PLN-12-00267 (CUP) – 11018 Downey Ave December 19, 2012 - Page 5 Subject Property DDSP –Downtown Downey Specific Plan NORTH ZONING MAP )<,-&-82S PLN-12-00267 (CUP) 463.)'82S CITY OF DOWNEY PLANNING DIVISION 11018 DOWNEY AVE 463.)'803'%8-32 Subject Business NORTH AERIAL PHOTOGRAPH )<,-&-82S PLN-12-00267 (CUP) 463.)'82S CITY OF DOWNEY PLANNING DIVISION 11018 DOWNEY AVE 463.)'803'%8-32 RESOLUTION NO. 12-_____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-12-00267 (CONDITIONAL USE PERMIT), ALLOWING DISC JOCKEY, DANCING, LIVE BANDS, AND KARAOKE AT THE MAMBO GRILL RESTAURANT, WHICH OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 11018 DOWNEY AVENUE, 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. A Land Use Permit application was filed by Mr. David Llamas (hereinafter "Applicant") requesting the Planning Commission approval of PLN-12-00267 (Conditional Use Permit), to allow live entertainment at the Mambo Grill Restaurant, which operates with a Type 47 (On-Sale General, Eating Place) alcohol license, on property located at 11018 Downey Avenue, and zoned DDSP (Downtown Downey Specific Plan); and B. On December 6, 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 December 19, 2012, and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearing, 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 neighborhood thereof. The requested conditional use permit for entertainment uses under the category “Bar/Night Club/Live Entertainment” will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is within the DDSP (Downtown Downey Specific Plan) zone, and it is adjacent to other properties with the same zoning designation. The requested conditional use permit will allow live entertainment that includes disc jockey, live band, dancing and karaoke at the Mambo Grill Restaurant, located at 11018 Downey Avenue, and 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 Resolution No. 12-______ Downey Planning Commission and the project site, along with the historic downtown maintain the Mixed Use General Plan designation, which is intended to help facilitate entertainment uses. Related to this is General Plan Program No. 1.2.2.1 which states, “Promote the downtown area as a destination point for entertainment, dining, civic, and other activities.” Allowing Mambo Grill Restaurant to operate with live entertainment activities in the Downtown Core area will encourage people to come into the downtown area. 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, because a condition of approval of PLN-12-00267 requires the entry and exit doors to the restaurant to remain closed during business hours. Also, the proposed use conforms to its DDSP zone development standards. The “live entertainment” will complement the existing restaurant and surrounding commercial uses and will serve the public with a use that the Downtown Downey Specific Plan deems appropriate for uses within the Downtown Core area. 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 particular area. The size and shape of the subject property are sufficient to allow live entertainment activities in a manner not detrimental to the downtown 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 burden upon the streets and highways in the area. The subject site is located within the Downtown Core District of Downtown Downey, with arterial access being provided from Firestone Boulevard. Staff has reviewed the proposal and considered the potential increase in traffic caused by operation of the business. It is staff’s opinion that the surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the requested live entertainment. 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-12-00267 (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 19 day of December, 2012. Michael Murray, Chairman City Planning Commission PLN 12-00267 (CUP) – 11018 Downey Ave December 19, 2012 – Page 2 Resolution No. 12-______ Downey 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 19 day of December, 2012, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission PLN 12-00267 (CUP) – 11018 Downey Ave December 19, 2012 – Page 3 Resolution No. 12-______ Downey Planning Commission PLN-12-00267 (CONDITIONAL USE PERMIT) EXHIBIT A – CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN-12-00267 (Conditional Use Permit), allows live entertainment in the form of dancing, disc jockey, live bands, and karaoke, at the Mambo Grill Restaurant, on property located at 11018 Downey Avenue. Ma mbo Grill Restaurant operates with a Type 47 (On-sale General, Eating Place) alcohol beverages license. 2) The permitted hours of operation of the business are as follows: a) Restaurant : seven days a week – 9:00 a.m. until Midnight, except on Friday where the business hours are 9:00 a.m. until 2:00 a.m. b) Live entertainment : seven days a week – open at 9:00 a.m. and cease thirty (30) minutes before closing time. 3) The owner/applicant shall ensure that all entry and exit doors to and from the subject business remain closed during all hours of operation. 4) There shall be no cover charge for admission to the business before 9:00 p.m. daily. 5) The owner/applicant shall not permit any loitering on the subject site. 6) Customers shall not be within the business after the specified closing time. 7) 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. 8) 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 is not considered to be in compliance with this condition. 9) The sale of alcohol shall be incidental to the sale of food within the dining area. 10) 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. 11) The Applicant shall comply with all conditions of PLN-12-00267 (Conditional Use Permit) before this Conditional Use Permit becomes valid. 12) 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. 13) 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. PLN 12-00267 (CUP) – 11018 Downey Ave December 19, 2012 – Page 4 Resolution No. 12-______ Downey Planning Commission However, parking lot lighting shall be shielded, directed, and/or positioned as to not illuminate adjoining properties or right-of-ways. 14) All signs shall comply with Chapter 6 of Article IX of the Downey Municipal Code. 15) 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. 16) 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 17) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 18) If proposed, prior to the commencement of any interior improvement, 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 19) Plans shall be submitted through Building and Safety and shall comply with 2010 California Fire Code, 2010 California Building Code, and current Downey Municipal Code Ordinances. Any other pertinent requirements shall be determined at the time of plan submission and review. POLICE 20) Prior to occupying the building, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 21) 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). 22) 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. PLN 12-00267 (CUP) – 11018 Downey Ave December 19, 2012 – Page 5 Resolution No. 12-______ Downey Planning Commission 23) Payment for beverage services shall be m ade only after such services have been provided to the patrons by the business. 24) The owner/applicant shall provide two (2) 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. 25) 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. 26) 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 12-00267 (CUP) – 11018 Downey Ave December 19, 2012 – Page 6