HomeMy WebLinkAboutPC Resolution 13-2814 RESOLUTION NO. 13 -2814
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -12- 00303),
THEREBY ALLOWING A RESTAURANT TO OPERATE WITH AN ABC TYPE
47 (ON -SALE GENERAL, EATING PLACE) LICENSE AND LIVE
ENTERTAINMENT ON PROPERTY LOCATED AT 11032 DOWNEY AVE,
ZONED 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. December 18, 2012, the applicant submitted a Conditional Use Permit (PLN -12- 00303)
application, requesting to operate a new restaurant at the site (Joseph's Bar and Grill)
with the Type 47 alcohol license and live entertainment; and,
B. On January 17, 2013, the Conditional Use Permit application was deemed complete;
and,
C. On February 7, 2013, notice of the pending application was mailed to all property owners
within 500' of the subject site and published in the Downey Patriot.
D. The Planning Commission held a duly noticed public hearing on February 20, 2013, and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearings, adopted this resolution, subject to conditions of approval
(Exhibit A).
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 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. The requested Conditional Use Permit will not adversely affect the purpose and intent of
the zoning code or the City's General Plan or the public convenience or general welfare
of persons residing or working in the neighborhood thereof. The subject site has a
General Plan Land Use Designation of Mixed Use and is within the Downtown Downey
Specific Plan. It is the intent of the Mixed Use designation and the Downtown Specific
Plan to encourage development that exhibits the physical design characteristics of
pedestrian- oriented, storefront -style shopping streets that creates a more active and
vibrant street life. The proposed changes to the facade give the business an open look
and tend to promote a walkable environment. Furthermore, the addition of live
entertainment to the restaurant will increase pedestrian traffic on Downey Avenue as
new people patronize the business. For these reasons the business will be operated in
a manner that is conducive to pedestrian traffic and will serve people who live and work
in the area.
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 subject site is in a
Resolution No. 13 -2814
Downey Planning Commission
fully developed area of the City, with little to no vacant properties in the immediate area.
Inasmuch as a restaurant previously operated with alcohol sales, re- establishing a
restaurant and adding live entertainment will not affect surrounding properties.
Furthermore, the success of this business can serve to draw people into the area, which
will encourage growth and development of 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.
The proposed use will be contained within an existing site, which does not require an
expansion of the building. The restaurant is a permitted use on the site and has
sufficient parking, setbacks, and landscaping to allow it to operate without creating a
detriment to others.
4. 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 heart of Downtown
Downey on Downey Ave. The City is not anticipating any increase in traffic caused by the
operation of the business. The surrounding streets and highways in the area have
sufficient capacity to accommodate the existing traffic generated by the business.
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 the Conditional Use Permit (PLN-
12- 00303), 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.
PASSED, APPROVED AND ADOPTED this 20 day of Febr : ry, Ji 1
AAA
• 'Moral Chairman
ity Planni : 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 20 day of February,
2013, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONER: None
Mary Ca anagh, Secret
City Planning Commission
Conditional Use Permit (PLN -12- 00303) — 11032 Downey Ave
February 20, 2013 - Page 2
Resolution No. 13 -2814
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -12- 00303)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit permits the operation of a restaurant with live
entertainment and a Department of Alcoholic Beverage Control Type 47 (On -Sale
General - Eating Place) license.
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 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 attorneys 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.
5) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
6) The permitted hours of operation of the business are as follows:
a) 10:00 a.m. until midnight, Sunday through Wednesday; and,
b) 10:00 a.m. until 2:00 a.m. the following morning, Thursday through Saturday.
7) Live entertainment shall be permitted from 7:00 p.m. until closing, seven (7) days a week.
Live entertainment shall include live bands, solo - performers, disc jockeys, karaoke, and
customer dancing only. Live entertainment shall only be allowed within the building and
not in the outdoor dining area or the parking lot. Live entertainment shall cease one (1)
hour before the specified closing time.
8) There shall be no cover charge for the admission to the business.
9) 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.
10) Customers shall not be within the business after the specified closing time.
Conditional Use Permit (PLN -12- 00303) — 11032 Downey Ave
February 20, 2013 - Page 3
Resolution No. 13 -2814
Downey Planning Commission
11) 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 sales of food exceed
50% the total gross sales.
12) Alcohol shall not be sold for off -site consumption.
13) 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.
14) 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.
15) 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.
16) All signs shall comply with the requirements set forth in the Downey Municipal Code.
17) Any graffiti applied on the site shall be removed by the applicant within 48 hours.
POLICE
18) Prior to commencement of business, the applicant shall obtain a Police Permit for the live
entertainment.
19) Payment for alcoholic beverage services shall be made only after such services have
been provided to the patrons by the business.
20) 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. Additionally, the dress code shall prohibit sandals and /or tank tops
after 8:00 p.m.
21) 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.
22) 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.
23) 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.
24) 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).
Conditional Use Permit (PLN -12- 00303) — 11032 Downey Ave
February 20, 2013 - Page 4