HomeMy WebLinkAbout3. PLN-13-00055 - 11032 Downey AveSTAFF REPORT
DATE:
MAY 1, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-13-00055 (CONDITIONAL USE PERMIT) – A REQUEST FOR REVISION ‘A’
TO A CONDITIONAL USE PERMIT THAT ALLOWS A RESTAURANT TO
OPERATE WITH AN ABC TYPE 47 LI CENSE AND LIVE ENTERTAINMENT.
LOCATION:
11032 DOWNEY AVE (AIN 6254-019-004)
ZONING:
DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
REPORT SUMMARY
Conditional Use Permit No. PLN-12-00303 was approved on February 20, 2013 by the Planning
Commission and allows a restaurant (Joseph’s Bar and Grill) to operate with an ABC Type 47 (on-
sale general, eating place) license and live entertainment. The proposed application is a request
for Revision ‘A’ to the Conditional Use Permit in order to modify the conditions of approval to
extend the permitted hours of operation until 2:00 a.m., seven days week; and to allow the
applicant to charge a cover fee during pay-per-view sporting events. Based on the analysis
contained within this report, staff feels that all required findings to approve the revision to the
Conditional Use Permit can be made in a positive manner; as such, staff is recommending the
Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING REVISION ‘A’ TO A CONDITIONAL USE PERMIT
(PLN-13-00055), THEREBY MODIFYIN G THE HOURS OF OPERATION AND
ALLOWING A COVER CHARGE FOR A RESTAURANT (JOSEPH’S BAR AND
GRILL) THAT OPERATES WITH AN ABC TYPE 47 LICENSE AND LIVE
ENTERTAINMENT AT 11032 DOWNEY AVE, ZONED DOWNTOWN DOWNEY
SPECIFIC PLAN.
BACKGROUND
The subject site is an approximate 6,393 square foot rectangular shaped lot on the east side of
Downey Ave, north of Second St. The site has a General Plan Land Use Designation of Mixed
Use and it is within the Downtown Downey Specific Plan. The site is improved with a 5,932
square foot restaurant, which includes 5,281 square feet on the first floor and a 651 square foot
office on the second floor. On the west side of the building there is an outdoor dining area,
which is surrounded by a 42” tall fence. This outdoor dining area encroaches six (6) feet into
the public right-of-way, which is permitted by the Downtown Downey Specific Plan. In addition
to the building, there are two parking spaces on the east (rear) side of the building.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
Inasmuch as the subject site is located within the heart of the Downtown Downey, the surrounding
land uses include a virtual plethora of business types. This includes restaurants, stores, offices,
and churches. Specifically, the tenant space to the north is a retail store, the tenant space to the
south is an office, the east side of the space is a parking lot, and the west side of the business is
bounded by Downey Ave. All of the surrounding properties are within the Mixed Use General Plan
Land Use Designation and are zoned Downtown Downey Specific Plan.
On February 20, 2013, the Planning Commission adopted Resolution No. 13-2814 (attached),
thereby approving a Conditional Use Permit (PLN-12-00303) to allow a restaurant to operate at the
subject site with a Department of Alcoholic Beverage Control Type 47 (on-sale general, eating
place) license and live entertainment. As part of the conditions of approval imposed on the
business, the Planning Commission prohibited the applicant from charging a cover fee and limited
the hours of operation from 10:00 a.m. until midnight, Sunday through Wednesday; and from 10:00
a.m. until 2:00 a.m. the following morning, Thursday through Saturday.
On March 7, 2013, the applicant submitted a revision request for the Conditional Use Permit
asking for reconsideration of the hours of operation and prohibition on cover charges. After a
review of the request, staff deemed the application complete on March 26, 2013.
On April 18, 2013, notice of the pending application was published in the Downey Patriot.
Furthermore, the notice was mailed to all property owners within 500’ of the subject site on
February 22, 2013.
Existing Site Photograph
Conditional Use Permit (PLN-13-00055) – 11032 Downey Ave
May 1, 2013 - Page 2
New Front Elevation
DISCUSSION/ANALYSIS
The applicant is currently in the process of obtaining building permits to conduct tenant
improvements and façade modifications. Thi s includes expanding the bar area within the
existing building and utilizing a new floor plan. It should be noted that the applicant is not
proposing to change the kitchen area, bathrooms, storage areas, or the second story office. To
update the façade of the building, the applicant is increasing use of glass and metal framing,
adding new precast concrete columns and cornice molding, replacing existing canopies with a
new metal and glass canopies, and repainting the building a terracotta color with sand color
trim.
The restaurant is currently permitted to operate with an ABC Type 47 license, which allows the
sale of alcohol for onsite consumption in conjunct ion with a restaurant. Additionally, it is allowed
to host live entertainment in the form of DJ, dancing, bands, and karaoke. As part of the
approval, the Planning Commission included the following two conditions:
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.
8) There shall be no cover charge for the admission to the business.
The applicant is requesting to modify these two condi tions of approval. The first modification is
the hours of operation. The applicant is requesting to all the business to stay open until 2:00
a.m., seven (7) days a week. Typically, the limits on the hours of operation are to mitigate
potential impacts on adjoining uses. The site is in the heart of the downtown and is surrounded
by non-residential uses. It is staff’s opinion that these additional hours will not create an impact
to the area since most of the uses are day time uses and there are no residences in the
immediate vicinity. Furthermore, one of the goals of the downtown Downey Specific Plan is to
create a center for vibrant nightlife in the City. .Based on this, staff is of the opinion that the
additional two hours of operation will not create an additional noise impact, nor will it generate
Conditional Use Permit (PLN-13-00055) – 11032 Downey Ave
May 1, 2013 - Page 3
additional traffic to the site. Furthermore, the additional hours are consistent with other similar
businesses in downtown area (i.e. Club DB, Downey Brewing Company, Lock and Key).
The second condition that the applicant is requesting to modify is the prohibition on cover
th
charges. During the February 20 public hearing, staff was opposed to allowing a cover fee
since the business is supposed to operate as a bona-fide restaurant. However, when
considering the limits placed on the business by the Department of Alcoholic Beverage Control
and the other conditions of approval (such as requiring that food to be served at all times and
gross sales of alcohol shall not exceed the gross sale of food) this concern has diminished. To
further solidify staff’s position, an analysis of surrounding businesses and a discussion among
the various City departments was conducted on this issue. It was determined that restaurants
that charge a cover fee later in the evening (typically after 9:00 p.m.) or during pay-per-view
events do not create more of an impact than restaurants who do not charge. As such, staff is
recommending a change to the condition of approval to allow cover charges during pay-per-
view sporting events. It should be noted that similar businesses in the downtown (Lock and Key
and the Downey Brewing Company) that operate with a Type 47 license, have been permitted
to charge cover fees during pay-per-view events.
Notwithstanding this, the City is starting to incur problems with businesses showing these pay-
per-view events in their outdoor eating areas. This is a result of large crowds gathering in front
of the business trying to watch the event for free. As such, staff has recommended an
additional condition of approval that requires the applicant to turn off any television located
outside the restaurant during the pay-per-view events.
ENVIRONMENTAL ANALYSIS
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 Section 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. Inasmuch as t he applicant is occupying an existing tenant space,
staff feels that this request qualifies for this exemption.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior
to the Planning Commission approving the Conditional Use Permit. A discussion of the findings
follows:
A. 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 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. Staff is of the opinion that the proposed modifications
will encourage more people to patronize the business, thus contributing to a vibrant
Conditional Use Permit (PLN-13-00055) – 11032 Downey Ave
May 1, 2013 - Page 4
street life. As such, staff believes 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.
B. 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 fully developed area of the City, with little to no vacant properties
in the immediate area. Inasmuch as a restaurant is approved to operate with alcoholic
and live entertainment, staff feels that these modifications to the conditions of approval
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.
C. 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 (not including the outdoor
eating area), which does not require an expansion of the buildings. 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. As such, staff believes that the
subject has sufficient shape and size to accommodate the proposed use.
D. 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. Staff
has reviewed the proposal and is not anticipating any 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 existing traffic generated by the
business.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained within this report, staff is concluding modifying the conditions
of approval will not create significant adverse impacts to the area. Furthermore, as noted
above, staff believes that all four findings required to approve the revision to the Conditional Use
Permit can be made in a positive manner . As such , staff is recommending that the Planning
Commission approve the Revision ‘A’ to the Conditional Use Permit (PLN-13-00055) , subject to
the recommended conditions of approval.
Conditional Use Permit (PLN-13-00055) – 11032 Downey Ave
May 1, 2013 - Page 5
Exhibits
Loc ation
Ae rial Photograph
Conditional Use Permit (PLN-13-00055) – 11032 Downey Ave
May 1, 2013 - Page 6
500’ Radius
Zoning
Conditional Use Permit (PLN-13-00055) – 11032 Downey Ave
May 1, 2013 - Page 7
RESOLUTION NO. _________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING REVISION ‘A’ TO A CONDITIONAL USE PERMIT
(PLN-13-00055), THEREBY MODIFYING THE HOURS OF OPERATION AND
ALLOWING A COVER CHARGE FOR A RESTAURANT (JOSEPH’S BAR AND
GRILL) THAT OPERATES WITH AN ABC TYPE 47 LICENSE AND LIVE
ENTERTAINMENT 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. On February 20, 2013, the Planning Commission adopted Resolution No. 13-2814,
thereby approving a Conditional Use Permit (PLN-12-00303) to allow a restaurant to
operate with an ABC Type 47 license and live entertainment; and,
B. On March 7, 2013, the applicant submitted a request to revise the Conditional Use
Permit to modify the approved hours of operation and allow a cover charge for pay-per-
view sporting events; and,
C. On March 26, 2013, the Conditional Use Permit application was deemed complete; and,
D. On April 18, 2013, notice of the pending application was mailed to all property owners
within 500’ of the subject site and published in the Downey Patriot .
E. The Planning Commission held a duly noticed public hearing on May 1, 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 Qualit y 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 convenienc e 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 modifications will encourage more people to patronize
the business, thus contributing to a vibrant street life. As such, 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.
Resolution No.
Downey Planning Commission
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
fully developed area of the City, with little to no vacant properties in the immediate area.
Inasmuch as a restaurant is approved to operate with alcoholic and live entertainment,
these modifications to the conditions of approval 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 antic ipating 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 her eby approves the Revision ‘A’ to the Conditional
Use Permit (PLN-13-00055), 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.
st
PASSED, APPROVED AND ADOPTED this 1 day of May, 2013.
Louis Morales, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
st
Commission of the City of Downey at a regular meeting thereof, held on the 1 day of May, 2013,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Conditional Use Permit (PLN-13-00055) – 11032 Downey Ave
May 1, 2013 - Page 2
Resolution No.
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN-13-00055)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Revision ‘A’ to Conditional Use Permit No. PLN-12-00303 modifies the
conditions of approval for the hours of operation and allowances for cover charge.
2) Unless specifically modified herein, all conditions of approval contained in Planning
Commission Resolution No. 13-2814 shall remain in effect and full force.
3) 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.
4) The permitted hours of operation of the business are 10:00 a.m. until 2:00 a.m. the
following morning, seven (7) days a week.
5) Cover charge for the admission to the business shall only be permitted during the
display of pay-per-view sporting events. There shall be no cover charger during any
other time.
6) Any television or similar device that is installed in the outdoor eating area shall be turned
off during pay-per-view sporting events.
7) A copy of the Conditional Use Permit, including the original and this revision, 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.
Conditional Use Permit (PLN-13-00055) – 11032 Downey Ave
May 1, 2013 - Page 3
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 submi tted 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 Qualit y 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 convenienc e 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 façade give the business an open look
and tend to promote a walkable environment. Furthermore, the addition of live
entertainment to the restaurant will incr ease 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 tr affic and will serve people who live and work
in the area.
Resolution No. 13-2814
Downey Planning Commission
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
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 antic ipating 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 her eby 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.
th
PASSED, APPROVED AND ADOPTED this 20 day of February, 2013.
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Louis Morales, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
th
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
2ULJLQDOVLJQHGE\0DU\&DYDQDJK
Mary Cavanagh, Secretary
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 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.
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 liv e 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 requirem ents 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