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HomeMy WebLinkAbout7. PLN-13-00169 - 11010 Paramount STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: SEPTEMBER 18, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-13-00169 (SITE PLAN REVIEW AND CONDITIONAL USE PERMIT) – PROPOSED EXPANSION AND MODIFICATION TO HOURS OF OPERATION TO EXISTING LA BARCA RESTAURANT LOCATION: 11010 PARAMOUNT BLVD (AIN 6251-039-024) ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) REPORT SUMMARY The La Barca restaurant is approved to operate with an ABC Type 47 (On-Sale General, Eating Place) license and live entertainment. The applicant’s request is to construct a 2,168 s.f. addition to the existing 6,656 sq. ft. restaurant and to modify the approved hours of operation. Based on the analysis contained within this report, staff feels that all required findings to approve the project 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 TENTATIVE A SITE PLAN REVIEW AND REVISION 'C' TO CUP 84-209 (PLN-13-00169), THEREBY ALLOWING A 2,168 S.F. ADDITION TO THE EXISTING RESTAURANT AND MODIFYING THE APPROVED HOURS OF OPERATION ON PROPERTY LOCATED AT 11010 PARAMOUNT BLVD, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN). BACKGROUND The subject site is an approximate 35,000 square foot rectangular shaped lot on the southeast corner of Paramount Blvd and Third Street. 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 6,656 square foot restaurant and a 51 space parking lot. The commercial building was originally constructed in 1930, but was converted to a restaurant in 1984. In 2012, the applicant rehabilitated the entire site, which included façade improvements, increases in the landscaping, an all new interior, and the addition an outdoor eating area on the west side of the building. The surrounding properties contain a variety of commercial and residential uses. Specifically, the property to the north of the subject site is improved with a 4,080 square foot full-service restaurant (Downey Brewing), to the south is a carwash facility, to the east are a single family residence and an in-line commercial center, and to the west is an office building and the Rives Mansion. All of these surrounding properties, with exception to the office building to the west, have a General Plan Land Use Designation of Mixed Use and are within the Downtown Downey Specific Plan. The office building to the west is zoned C-2 (General Commercial) and has a General Plan Land Use Designation of Office. View of property from Paramount Blvd On November 20, 1984, the Planning Commission approved Conditional Use Permit No. 84-209 to allow a restaurant (Szechwan Restaurant) to operate with an ABC Type 47 (On-Sale General, Eating Place) license. On June 17, 2009, the Planning Commission approved Revision ‘A’ to Conditional Use Permit No. 84-209 (officially numbered CUP 09-14), thereby allowing live entertainment at the establishment (Portofino’s at Downey). On December 20, 2011, as authorized by the conditions of approval and the Downtown Downey Specific Plan, the City Planner approved a minor modification to Revision ‘A’ of CUP 84-209 to allow an outdoor eating area for the restaurant. On February 15, 2012, the Planning Commission approved Revision ‘B’ to Conditional Use Permit 84-209 (PLN-11-00290), to expand the hours of operation for the restaurant to include breakfast and to allow non-amplified music in the outdoor eating area. On July 31, 2013, the applicant (Jose Murguia) submitted the request for a Site Plan Review and Conditional Use Permit (PLN-13-00169) requesting to construct a 2,168 s.f. addition to the existing restaurant. Additionally, this request is for Revision ‘C’ to the original CUP to modify the hours of operation. On August 21, 2013, staff deemed the application complete. On September 5, 2013, notice of the pending application was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site. DISCUSSION/ANALYSIS The existing Conditional Use Permit allows the restaurant to operate with a Department of Alcoholic Beverage Control Type 47 (On-Sale General, Eating Place) license and live entertainment; although it is subject to the conditions of approval listed in Planning Commission Resolution No. 12-2753 (attached). Other than the hours of operation (discussed below), all existing conditions of approval will remain intact. The applicant is proposing to construct a 2,168 square foot addition to expand the restaurant. This includes a 1,124 square foot addition on the west side of the building, which will enclose a substantial portion of the outdoor dining area. The second portion of the addition will be on the south side of the building in an area that is a pedestrian walkway. This 1,044 square foot addition will expand the existing bar area within the restaurant. Finally, the applicant is CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 2 proposing to construct a new trellis cover over the remaining 390 square foot outdoor dining area. The existing building has a Spanish architectural style, with the use of smooth stucco, tile roof, and arched widows. The proposed additions will match the existing building’s architecture. Due to the location of the additions, there will be no loss of landscaping on the site or reduction of parking area. Furthermore, the additions are consistent with the Downtown Downey Specific Plan, which encourages structures to be built to a zero street setback line to encourage pedestrian traffic in the area. With the proposed addition (including the outdoor dining area) the restaurant is required to have 47 parking spaces, whereas the applicant is providing 51 spaces. Based on staff’s review of the request, staff has found that the proposed addition complies with all the development standards set forth in the Downtown Downey Specific Plan and as such is in support of the request. In addition to the proposed expansion, the applicant wishes to extend the permitted hours of operation on Mondays and Tuesdays. The current hours of operation are from 7:00 a.m. until Midnight, Monday and Tuesday; and from 7:00 a.m. until 2:00 a.m., Wednesday though Sunday. The applicant is requesting to modify the approved hours of operation from 7:00 a.m. until 2:00 a.m. seven (7) days a week. Staff is in support of the change since it would be consistent with recent Planning Commission decisions for other restaurants in the Downtown. Furthermore, the City’s Police Department has not had issues with the operation of La Barca. The primary complaint the City receives is noise from the outdoor patio, which in staff’s opinion will be addressed with the proposed additions. 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. More specifically, this exemption allows additions of up to 50% of the existing floor area (no to exceed 10,000 s.f.), provided all public services and facilities are available to accommodate the addition and it is not an environmentally sensitive area. It is staff’s opinion that the proposed addition and site meets these qualifications. FINDINGS Conditional Use Permit 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 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 CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 3 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. By allowing the modifications to the CUP and the accompanying Site Plan Review, the proposed additions will bring the building closer to the street and public sidewalk. One of the tools used to create pedestrian oriented development is to create zero street setback lines, which in staff’s opinion creates a more comfortable pedestrian experience. Furthermore, staff believes the full service restaurant and bar will provide an amenity to encourage future mixed use development within the Downtown. As such, in staff’s opinion, the business will be allowed to operate in a manner that is conducive to pedestrian traffic and will serve people who live and work in the area, which will create a more vibrant street life along Paramount Blvd and Third Street. 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 the restaurant already has approvals to operate with alcohol sales and live entertainment, staff is of the opinion that the modified conditions of approval will not affect surrounding properties. Staff believes the proposed additions will reduce noise impacts created by the outdoor dining area on the adjoining properties. Furthermore, the additional hours two days a week is consistent with other businesses in the area, and will have little impact on the growth and development of those 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 subject site is an approximate 35,000 square foot parcel that is currently developed with the restaurant. Even with the proposed additions, the site will continue to meet all of the development standards set forth in the Downtown Downey Specific Plan. This includes setbacks, building height, floor area ratio, parking, onsite circulation, and landscaping. Inasmuch as no variance or deviation is being requested, it is staff’s opinion that the full development of the use can be obtained without being a detriment to others. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Vehicle access to the subject site is from Third Street. 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. CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 4 Site Plan Review Pursuant to Municipal Code Section 9820.08, there are seven (7) findings that must be adopted prior to the Planning Commission approving the Site Plan Review. A discussion of the findings follows: A. The site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. 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. By allowing the proposed additions will bring the building closer to the street and public sidewalk. One of the tools used to create pedestrian oriented development is to create zero street setback lines, which in staff’s opinion creates a more comfortable pedestrian experience. Furthermore, staff believes the full service restaurant and bar will provide an amenity to encourage future mixed use development within the Downtown. As such, in staff’s opinion, the business will operate in a manner that is conducive to pedestrian traffic and will serve people who live and work in the area, which will create a more vibrant street life along Paramount Blvd and Third Street. B. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. One of the purposes of the zoning code is to allow development of properties, while avoiding impacts of the adjoining area. The subject site is within the Downtown Downey Specific Plan, which has the intent to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is the further intent of the specific plan to encourage pedestrian friendly streets and developments. It is staff’s opinion that the proposed project meets all of these goals by providing a restaurant that has been designed in a manner that will enhance the streetscape and provide food service to those who live, work, and travel through the area. Furthermore, by bringing the additions closer to the street, it creates a pedestrian friendly atmosphere. Staff is of the further opinion that the conditions of approval will let the project be constructed while avoiding significant impacts to the area. C. The proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. The proposed additions will match the existing buildings architecture. Furthermore, the additions are being located in a manner that will not impact onsite vehicle circulation or pedestrian safety. Because the proposal will bring the building closer to the street, it is staff’s opinion that it is consistent with the intent of the Downtown Downey Specific Plan, by providing a pedestrian friendly environment. It is staff’s further opinion that this improvement will contribute to enhancing the character of the area. As such, staff feels the proposal will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood. CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 5 D. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The existing site has adequate circulation, parking, and landscaping. The proposed additions will not impact or otherwise reduce these amenities. It is staff’s opinion that since the additions will match the existing building architecture and will not encroach into the parking lot, that proper consideration has been given to both the functional aspects of the site development. E. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. In the City of Downey, there are a virtual plethora of architectural styles, particularly in this area. The existing building has a Spanish architectural style, with the use of smooth stucco, tile roof, and arched widows. The proposed additions will match the existing building’s architecture; as such will maintain the status quo with regards to architecture in the area. Staff is of the opinion that the architectural style is neither dissimilar nor monotonous from other buildings in the area and that this project will upgrade the overall appearance of the site and, in turn, improve the community appearance. F. The site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. The primary issue of concern with this restaurant has been noise generated from the outdoor dining area. This proposal will enclose a substantial portion of this area, thus in staff’s opinion, addressing the concerns of the neighbors. It is staff’s further opinion that the proposed addition will continue to maintain the aesthetically pleasing characteristics of the site landscaping and architecture. Based on this, it is staff’s opinion the project will upgrade the property and promote the public health, safety, and welfare of those who work or reside in the area. G. The proposed development's site plan and its design features will include graffiti resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. As part of this project staff is recommending several conditions of approval, which include the use of graffiti resistant materials in the construction of the building. Should any graffiti appear on the site, staff has recommended an additional condition of approval that the applicant have it removed within 48 hours of application. With these conditions, staff feels that the design features will include be in accordance with Section 4960 of the Municipal Code. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 6 CONCLUSION Based on the analysis contained within this report, staff is concluding that the proposed project will not create significant adverse impact to the area, provided that all conditions of approval are adhered to. Furthermore, as noted above, staff believes that all required findings can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Conditional Use Permit and Site Plan Review (PLN-13-00169), subject to the recommended conditions of approval. CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 7 Exhibits Location Aerial Photograph CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 8 500’ Radius Zoning CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 9 RESOLUTION NO. _________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE A SITE PLAN REVIEW AND REVISION 'C' TO CUP 84-209 (PLN-13-00169), THEREBY ALLOWING A 2,168 S.F. ADDITION TO THE EXISTING RESTAURANT AND MODIFYING THE APPROVED HOURS OF OPERATION ON PROPERTY LOCATED AT 11010 PARAMOUNT BLVD, 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. On November 20, 1984, the Planning Commission approved Conditional Use Permit No. 84-209 to allow a restaurant (Szechwan Restaurant) to operate with an ABC Type 47 (On-Sale General, Eating Place) license; and, B. On June 17, 2009, the Planning Commission approved Revision ‘A’ to Conditional Use Permit No. 84-209 (officially numbered CUP 09-14), thereby allowing live entertainment at the establishment (Portofino’s at Downey); and, C. On February 15, 2012, the Planning Commission approved Revision ‘B’ to Conditional Use Permit 84-209 (PLN-11-00290), to expand the hours of operation for the restaurant to include breakfast and to allow non-amplified music in the outdoor eating area; and, D. On July 31, 2013, the applicant (Jose Murguia) submitted the request for a Site Plan Review and Revision ‘C’ to Conditional Use Permit No. 84-209 (PLN-13-00169) requesting to construct a 2,168 s.f. addition to the existing restaurant and to modify the approved hours of operation. After a careful review of the request, staff deemed the application complete on August 21, 2013; and E. On September 5, 2013, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, F. The Planning Commission held a duly noticed public hearing on September 18, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. 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 regarding the Conditional Use Permit, 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 Resolution No. ___________ Downey Planning Commission of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of General Commercial and zoning of C-3 (Central Business District). 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. By allowing the modifications to the CUP and the accompanying Site Plan Review, the proposed additions will bring the building closer to the street and public sidewalk. One of the tools used to create pedestrian oriented development is to create zero street setback lines, which creates a more comfortable pedestrian experience. Furthermore, the full service restaurant and bar will provide an amenity to encourage future mixed use development within the Downtown. 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, which will create a more vibrant street life along Paramount Blvd and Third Street. 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 the restaurant already has approvals to operate with alcohol sales and live entertainment, the modified conditions of approval will not affect surrounding properties. The proposed additions will reduce noise impacts created by the outdoor dining area on the adjoining properties. Furthermore, the additional hours two days a week is consistent with other businesses in the area, and will have little impact on the growth and development of those 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 subject site is an approximate 35,000 square foot parcel that is currently developed with the restaurant. Even with the proposed additions, the site will continue to meet all of the development standards set forth in the Downtown Downey Specific Plan. This includes setbacks, building height, floor area ratio, parking, onsite circulation, and landscaping. Inasmuch as no variance or deviation is being requested, the full development of the use can be obtained without being 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. Vehicle access to the subject site is from Third Street. the proposal has been reviewed and is not anticipated any increase in traffic caused by 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. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Site Plan Review, the Planning Commission further finds, determines and declares that: 1. The site plan is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council. 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 CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 2 Resolution No. ___________ Downey Planning Commission vibrant street life. By allowing the proposed additions will bring the building closer to the street and public sidewalk. One of the tools used to create pedestrian oriented development is to create zero street setback lines, which creates a more comfortable pedestrian experience. Furthermore, the full service restaurant and bar will provide an amenity to encourage future mixed use development within the Downtown. As such, the business will operate in a manner that is conducive to pedestrian traffic and will serve people who live and work in the area, which will create a more vibrant street life along Paramount Blvd and Third Street. 2. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. One of the purposes of the zoning code is to allow development of properties, while avoiding impacts of the adjoining area. The subject site is within the Downtown Downey Specific Plan, which has the intent to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is the further intent of the specific plan to encourage pedestrian friendly streets and developments. The proposed project meets all of these goals by providing a restaurant that has been designed in a manner that will enhance the streetscape and provide food service to those who live, work, and travel through the area. Furthermore, by bringing the additions closer to the street, it creates a pedestrian friendly atmosphere. 3. The proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. The proposed additions will match the existing buildings architecture. Furthermore, the additions are being located in a manner that will not impact onsite vehicle circulation or pedestrian safety. Because the proposal will bring the building closer to the street, it is consistent with the intent of the Downtown Downey Specific Plan, by providing a pedestrian friendly environment. This improvement will contribute to enhancing the character of the area. As such, the proposal will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood. 4. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The existing site has adequate circulation, parking, and landscaping. The proposed additions will not impact or otherwise reduce these amenities. Since the additions will match the existing building architecture and will not encroach into the parking lot, that proper consideration has been given to both the functional aspects of the site development. 5. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. In the City of Downey, there are a virtual plethora of architectural styles, particularly in this area. The existing building has a Spanish architectural style, with the use of smooth stucco, tile roof, and arched widows. The proposed additions will match the existing building’s architecture; as such will maintain the status quo with regards to architecture in the area. The architectural style is neither dissimilar nor monotonous from other buildings in the area and that this project will upgrade the overall appearance of the site and, in turn, improve the community appearance. CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 3 Resolution No. ___________ Downey Planning Commission 6. The site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. The primary issue of concern with this restaurant has been noise generated from the outdoor dining area. This proposal will enclose a substantial portion of this area, thus addressing the concerns of the neighbors. The proposed addition will continue to maintain the aesthetically pleasing characteristics of the site landscaping and architecture. Based on this, the project will upgrade the property and promote the public health, safety, and welfare of those who work or reside in the area 7. The proposed development's site plan and its design features will include graffiti resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. As part of this project several conditions of approval have been included to require the use of graffiti resistant materials in the construction of the building. Should any graffiti appear on the site, an additional condition of approval has been included to have the applicant have it removed within 48 hours of application. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby approves the Site Plan Review and Revision ‘C’ to Conditional Use Permit No. 84-209 (PLN-13-00169), 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 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of September, 2013. Louis Morales, Chairman City Planning 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 18th day of September, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 4 Resolution No. ___________ Downey Planning Commission SITE PLAN REVIEW AND REVISION ‘C’ TO CONDITIONAL USE PERMIT NO. 84-209 (PLN-13-00169) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Site Plan Review and Revision ‘C’ to Conditional Use Permit No. 84-209 (PLN-13-00169) hereby permits a 2,168 square foot addition to an existing 6,656 square foot restaurant that operates with an ABC Type 47 (On-Sale General, Eating Place) license and live entertainment. 2) Unless modified herein, all conditions of approval set forth in Planning Commission Resolution No. 12-2753 shall remain in effect and full force. 3) Approval of this Site Plan Review and Revision ‘C’ to Conditional Use Permit No. 84-209 (PLN-13-00169) 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. 4) 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. 5) 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. 6) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 7) The proposed additions, including architecture, size, and location shall be as approved by the Planning Commission. 8) All buildings and walls shall be finished with graffiti resistant materials. Prior to the issuance of building permits, the applicant shall demonstrate to the satisfaction of the City Planner, that the finished materials will comply with this requirement. Any graffiti applied on the site shall be removed by the applicant within 48 hours. 9) The approved hours of operation shall be from 7:00 a.m. until 2:00 a.m. the following morning. CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 5 Resolution No. ___________ Downey Planning Commission CUP and SPR (PLN-13-000169) – 11010 Paramount Blvd September 18, 2013 - Page 6 BUILDING 10) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey, and Title 24 of the California Energy Code. 11) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. FIRE DEPARTMENT 12) Plans to be submitted through Building and Safety and shall comply with the most recent version or the California Fire Code, as adopted by the City of Downey ; current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. PUBLIC WORKS 13) All onsite utilities shall be installed underground. 14) The owner/applicant shall be required to complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 15) All areas within the scope of work of this project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. Furthermore, the owner/applicant shall provide a design that conveys all onsite drainage over a vegetative swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite using either surface detention basins or below grade facilities with flow in excess of the first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles County Public Works storm drain 16) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. RESOLUTION NO. 12-2753 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A REVISION ‘B’ TO CONDITIONAL USE PERMIT 84-209 (PLN-11- 00290), THEREBY MODIFYING THE CONDITIONS OF APPROVAL FOR A RESTAURANT OPERATING WITH AN ABC TYPE 47 (ON-SALE GENERAL, EATING PLACE) AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 11010 PARAMOUNT BLVD, 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 November 20, 1984, the Planning Commission approved Conditional Use Permit No. 84-209 to allow the restaurant (Szechwan Restaurant) to operate with an ABC Type 47 (On-Sale General, Eating Place) license; and, B. On June 17, 2009, the Planning Commission approved Revision ‘A’ to Conditional Use Permit No. 84-209 (officially numbered CUP 09-14), thereby allowing live entertainment at the establishment (Portofino’s at Downey); and, C. On December 28, 2011, the applicant submitted a Conditional Use Permit (PLN-11- 00290) application for Revision ‘B’ to Conditional Use Permit No. 84-209, a request to modify the conditions of approval on the CUP; and, D. On January 27, 2012, the Conditional Use Permit application was deemed complete; and, E. On February 3, 2012, notice of the pending application was mailed to all property owners within 500’ of the subject site and published in the Downey Patriot. F. The Planning Commission held a duly noticed public hearing on February 15, 2012 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. By allowing the modifications to the CUP, the business will be allowed to operate in a manner that is conducive to pedestrian traffic and will serve people who Resolution No. 12-2753 Downey Planning Commission PLN-11-00290 – 11010 Paramount Blvd live and work in the area. This includes providing for non-amplified music in the outdoor eating area, which will create a more vibrant street life along Paramount Blvd. 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 the restaurant already has approvals to operate with alcohol sales and live entertainment the modified 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 buildings. The restaurant is a permitted use on the site and has sufficient parking, setbacks, and landscaping to allow it to operate within 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. Access to the subject site is from Third Street. The proposed modifications are not anticipated to increase traffic. Furthermore, 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 Revision ‘B’ to Conditional Use Permit No. 84-209 (PLN-11-00290), 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 15th day of February, 2012. Michael Murray Michael Murray, Chairman City Planning 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 15th day of February, 2012, by the following vote, to wit: AYES: COMMISSIONERS: Morales, Kiefer, Lujan, Murray NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Garcia ABSTAIN: COMMISSIONER: None Theresa Donahue Theresa Donahue, Secretary City Planning Commission February 15, 2012 - Page 2 Resolution No. 12-2753 Downey Planning Commission PLN-11-00290 – 11010 Paramount Blvd CONDITIONAL USE PERMIT (PLN-11-00290) 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) Resolution No. 819, which approved CUP No. 84-209, and Resolution No. 09-2589, which approved Revision ‘A’ to CUP 84-209, are hereby revoked and deemed null and void. 7) The permitted hours of operation of the business are as follows: a) Monday and Tuesday – 7:00 a.m. until Midnight. b) Wednesday through Sunday – 7:00 a.m. until 2:00 a.m. the following morning. 8) Live entertainment shall be limited to live bands, 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; with the exception that non-amplified mariachis may be allowed to perform in the outdoor dining area. All live entertainment shall cease one (1) hour prior to closing. 9) There shall be no cover charge for the admission to the business. February 15, 2012 - Page 3 Resolution No. 12-2753 Downey Planning Commission PLN-11-00290 – 11010 Paramount Blvd 10) 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. 11) The applicant is permitted to offer prepaid, pre-fixed prices for private events; however, alcoholic beverages shall not be offered in the prefixed price and shall be charged separately and after service has been provided to the patrons. Additionally, the restaurant shall remain open to the general public, who shall be allowed to order off the menu. 12) Customers shall not be within the business after the specified closing time. 13) 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 gross sale of alcohol. 14) Alcohol shall not be sold for off-site consumption. 15) The sale of alcohol shall be incidental to the sale of food within the dining room. 16) 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. 17) 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. 18) 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. 19) All signs shall comply with the requirements set forth in the Downey Municipal Code. 20) Any graffiti applied on the site shall be removed by the applicant within 48 hours. POLICE 21) Prior to commencement of business, the applicant shall obtain a Police Permit for the live entertainment. 22) Payment for alcoholic beverage services shall be made only after such services have been provided to the patrons by the business. 23) 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. 24) 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. February 15, 2012 - Page 4 Resolution No. 12-2753 Downey Planning Commission PLN-11-00290 – 11010 Paramount Blvd February 15, 2012 - Page 5 25) 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. 26) 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. 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). H:\Community Development\Planning Commission\Resolutions\2012\12-2753.doc