HomeMy WebLinkAboutResolution No. 6131 RESOLUTION NO. 6131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL AND APPROVING THE MODIFICATION TO
CONDITION NO. 1 OF CONDITIONAL USE PERMIT 94- 66 ALLOWING
ANOTHER ONE (1) YEAR CONTINUANCE OF AN ENTERTAINMENT PERMIT
TO ALLOW MUSIC AND DANCING IN A FULL SERVICE RESTAURANT ON
PROPERTY ZONED C-2/PB, LOCATED AT 7857 FLORENCE AVENUE.
CONDITIONAL USE PERMIT#94-66
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of Downey hereby finds, determines, and declares that:
A. The City of Downey's City Council has considered an appeal of
Conditional Use Permit 94-66 for properties located at 7857 Florence Avenue
(hereafter known as property),
B. This property's zoning is C-2/PB, it is developed with commercial uses
including a restaurant and offices; and
C. Said properties are irregularly shaped parcels containing a total of 66,170
square feet of land which are identified by the Assessor's Parcel Numbers of
6360- 012- 012 and 013; and
D. The City Council held a duly noticed public hearing on this request on
January 27, 1998, and fully considered all oral and written testimony and facts
and opinions offered at that hearing; and
E. The City Council finds that the applicant's request for an entertainment
permit, in a full service restaurant, as modified by the Planning Commission
granting the applicant one (1) additional year to continue his entertainment on a
trial basis should be approved. The City Council finds that this approval would
be consistent with good planning practice, if the applicant complies with the
conditions of approval setforth in Exhibit "A" and;
F. The City Council has considered the effects of this decision on the
housing needs of the region in which the City is located and balanced those
needs, and;
G. Based upon Studies and comments received it was determined that there
is no substantial evidence that the requested modification will have a significant
adverse effect upon the environment, and was found to be a Class I,
Categorically Exempt project from the California Environmental Quality Act.
1
Resolution No. 6131
Conditional Use Permit 94-66
Page 2
SECTION 2. The City Council hereby denys the subject appeal and upholds the
Planning Commission's modification of Conditional Use Permit No. 94-66 allowing the
continued use of limited entertainment allowing music and dancing for one (1)
additional year on a trial basis, subject to the conditions required in attached Exhibit "A".
PASSED, APPROVED AND ADOPTED THIS 27TH DAY OF JANUARY, 1998.
Barbara J. 'v-y, Mayor
ATTEST:
dith E. McDonnell, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly
passed and adopted by the City Council of the City of Downey at a regular meeting
thereof held on the 27th day of January, 1998, by the following vote:
AYES: 5 Councilmembers McCarthy, McCaughan, Lawrence, Brazelton, Riley
NOES: 0 Councilmembers None
ABSENT: 0 Councilmembers None
ABSTAIN: 0 Councilmembers None
fith E. McDonnell, City Clerk
2
Resolution No. 6131
Conditional Use Permit 94-66
Page 3
EXHIBIT "A"
CONDITIONS OF APPROVAL CUP 94-66
(Revised)
PLANNING
1 . This approval modifies Planning Commission Resolution 1856 which
approved the modification of CUP #94-66's Condition # 1 , 6 & 7; it
extends the one (1) year approval previously granted for one additional
year to December 16, 1998 and permits, on a trial basis, patron dancing
and limited entertainment in a full service restaurant, including on-sale
alcoholic beverages. The permitted entertainment shall be restricted to
the playing of music for patron dancing and dinner music until 1 :00 A.M.
This facility shall be closed by 2:00 A.M.
2. The Planning Commission shall retain jurisdiction to amend or add
conditions to this Conditional Use Permit with public notice, to assure
compatibility with the purpose and intent of Comprehensive Zoning
Ordinance and to protect the public health, safety, and general welfare.
3. All conditions of Conditional Use Permit 94-66 as modified shall be
complied with. So long as this Use Permit Modification is in effect the
entitlement granted by Conditional Use Permit 95-21 may not be
exercised and this facility shall not be converted to a private club unless
approval is granted at a subsequent hearing for a new Conditional Use
Permit.
4. A sign plan shall be submitted and approved by the Planning Division
prior to the installation of any signs or banners.
5. The existing trash storage area at the back of the building shall be
repaired and permanently maintained, providing a minimum size of fifty
(50) square feet in area. Said outside storage shall be enclosed with a
solid Masonry or opaque metal wall and appropriate gates, and said
enclosure shall not be less than five feet nor more than seven feet in
height, as shown on the approved plot plan. All storage maintained
within the trash storage area shall not extend above the height of the
required wall. No trash receptacles or storage shall be maintained in
required parking spaces or driveways.
3
Resolution No. 6131
Conditional Use Permit 94-66
Page 4
6. The applicant shall have security personnel on duty in this facilities'
parking lot at all times when this restaurant is open after 5:00 P.M.
to 2:15 A.M., and at all times when patron dancing and limited
entertainment are occurring at this restaurant; and temporary barricades
shall be installed each evening, directing traffic onto Florence Avenue and
Tweedy Lane, and away from the residential area.
7. The applicant shall have a new noise study prepared, to the City's
specifications, by a registered acoustical engineer, and submitted to the
Planning Division by February 1, 1998 measuring noise levels during
night time activities when patron dancing and entertainment are being
conducted at the restaurant. This study shall be used to establish
ambient noise level at this facility - with and without the entertainment
being conducted - to ensure all needed precautions are established to
ensure noise levels generated by this facility will meet the City noise
standards.
ENGINEERING
8. The applicant shall construct two wheelchair ramp improvements at the
intersection of Smallwood Avenue and Dinsdale Street the City's
Engineering Division's standards. Any damaged curbs, gutters,
sidewalks or drive approaches shall be replaced to City Standards.
9. The property owner hereby agrees not to object to the installation, by the
City, of one 9500 lumen high pressure sodium street light on the existing
wood pole on the south side of Dinsdale.
10. The property owner shall execute an agreement for the future installation
of permanent street lighting on Dinsdale Street, along the property's
frontage. The agreement shall be recorded with the County of Los
Angeles and kept on file by the City Engineering Division.
BUILDING AND SAFETY
11. The applicant shall obtain all required building permits prior to
commencing any improvements on this site.
12. The applicant's improvements shall comply with the State of California
Handicapped Accessibility Requirements.
4
Resolution No. 61 31
Conditional Use Permit 94-66
Page 5
FIRE
13. The applicant shall maintain building exits as required in Chapter 33 of
the Uniform Building Code and approved by the City.
14. The applicant shall provide the business' address in a location acceptable
to the City's Fire Marshal in twelve (12") inch high numbers on the
building.
15. All interior building improvements in the restaurant shall be installed to
the Downey Fire Department's Standards.
16. The applicant shall ensure that the permitted maximum occupant load for
this restaurant, as determined by the City's Building Official or Fire
Marshal, shall not be exceeded and that a violation of this requirement
shall be a basis for the revocation of this use permit.
POLICE
17. The premises shall be maintained as a "bona fide" restaurant and shall
provide a menu containing an assortment of foods normally offered in
such restaurants. The restaurant shall serve food, which has been
prepared on the premises, until at least 10:00 pm.
18. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food, not to include cover or admission charges, during the
same time period.
19. The sale of all alcoholic beverages for consumption off premises is
prohibited.
20. The entertainment provided shall not be audible beyond the area under
control of the licensee (4602 DMC).
21 . All public access doors shall be kept closed, with emergency exit
capabilities during operating hours.
22. There shall be no unpermitted signage or advertising of any kind,
including advertising directed to the exterior from within, promoting or
indicating the availability of alcoholic beverages. Interior displays of
alcoholic beverages or entertainment signs which are clearly visible to the
exterior shall constitute a violation of this condition.
5
Resolution No. 61 31
Conditional Use Permit 94-66
Page 6
23. No alcoholic beverages shall be consumed outside of the premises
(parking lot, etc) or on any property adjacent to the licensed premises.
24. The parking lots on the premises 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.
25. Lighting in the parking area of the premises shall be directed, positioned
and shielded in such a manner so as not to unreasonably illuminate the
window areas of nearby residences.
26. The licensee shall be responsible for maintaining free of litter the area
adjacent to the premises under the control of the licensee.
27. Any graffiti painted or marked upon the premises or on an adjacent area
under the control of the licensee shall be removed or painted over within
twenty-four (24) hours of its detection.
28. The licensee shall not permit any loitering on any property adjacent to the ^,
licensed premises under the control of the licensee.
29. The licensee shall remain in full compliance of all Local, State and Federal
laws at all times while using this property under the terms of this
Conditional Use Permit.
H:\PLANNING\FDEGIACTIVE\CC\CUP9466C.RES
6