Loading...
HomeMy WebLinkAbout1. PLN-13-00174 - 8060 Florence STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: NOVEMBER 6, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-13-00174 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW LIVE ENTERTAINMENT ACTIVITIES AT THE PALMS RESTAURANT, WHICH OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 LICENSE LOCATION: 8060 FLORENCE AVE (AIN 6251-030-020) ZONING: C-P (PROFESSIONAL OFFICE) REPORT SUMMARY The proposed Land Use Permit Application (PLN-13-00174) is a request from the Palms Restaurant to allow live entertainment activities at the restaurant. The subject restaurant is currently located within a 4,640 square foot space and is on the bottom floor of a three-story office building. Based on the analysis contained within this report, staff feels that all required findings to approve 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 PLN-13-00174 (CONDITIONAL USE PERMIT), THEREBY ALLOWING DISC JOCKEY, DANCING, LIVE PERFORMERS, AND KARAOKE AT THE PALMS STEAK & SEAFOOD RESTAURANT, WHICH OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 8060 FLORENCE AVENUE, ZONED C-P (PROFESSIONAL OFFICE) BACKGROUND The subject site is a 19,940 square foot parcel that is located on the southwest corner of Western Avenue and Florence Avenue. The site is improved with a 22,996 square foot three- story office building with customer parking primarily located to the south side of the building. The site is zoned C-P (Professional Office) with a General Plan Land Use Designation of “Office”. The surrounding businesses include professional office and medical uses to the north and west of the office building that houses the Palms Restaurant. A vacant lot abuts the southerly property line of the subject site, while apartment complexes exist further south. Office buildings and single family homes exist on the opposite side of Western Avenue to the east. PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 - Page 2 Over time, the Planning Commission and City Council have made two important decisions regarding this use on the subject property:  On December 2, 1964, the Planning Commission approved Zone Exception (ZE) Case No. 534, thereby allowing the development of a three (3) story structure along with 31 parking spaces for medical, professional office, and a first class gourmet restaurant serving alcoholic beverages.  On June 25, 2013, the Downey City Council approved Zone Text Amendment (PLN-13- 00013). This code amendment allowed the establishment of live entertainment within restaurants in the C-P zone, subject to the approval of a Conditional Use Permit application. On August 14, 2013, Mr. Joel Florian, the owner of the Palms Steak & Seafood Restaurant, submitted a Land Use Permit Application requesting approval of a Conditional Use Permit (PLN- 13-00174) to include live entertainment activities at his restaurant. The conditional use permit provides the City with greater control over the sale of alcoholic beverages that go beyond those granted by ZE No. 534; however, the requirements pertaining to the other aspects of ZE No. 534 remain in effect. After a careful review of the proposal, staff deemed the application complete on October 21, 2013. On October 24, 2013, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot. DISCUSSION/ANALYSIS The existing 4,640 square foot restaurant currently operates with a Department of Alcoholic Beverage Control (ABC) Type 47 (On-Sale General, Eating Place) license. Under this Land Use Permit Application, Mr. Florian seeks to incorporate live entertainment at the restaurant in the form of disc jockeys, dancing, live performers, and karaoke. According to Mr. Florian, the requested conditional use permit will allow the restaurant to increase its sales revenues significantly. However, State of California Department of Alcoholic Beverage Control regulations stipulate that the gross sales of alcohol shall not exceed the gross sales of food. The applicant may be required to provide evidence that the gross sales of food exceed 50% the gross sale of alcohol. The proposed hours of operation for live entertainment are as follows: Disc Jockey Live Band & Dancing Karaoke & Comedian Mariachi Monday 4 pm – 7 pm 9 pm – 2 am Tuesday 4 pm – 7 pm 9 pm – 2 am Wednesday 4 pm – 7 pm 8 pm – 2 am Thursday 4 pm – 7 pm 9 pm – 2 am Friday 4 pm – 7 pm 9 pm – 2 am Saturday 4 pm – 7 pm 9 pm – 2 am Sunday 4 pm – 7 pm 9 pm – 2 am 12 pm - 4 pm PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 - Page 3 After reviewing the application, staff supports the request for live entertainment in conjunction with the operation of a Type-47 license. Allowing live entertainment is consistent with recently adopted code amendment that allows restaurants in the C-P zone to have live entertainment, subject to the approval of a conditional use permit. Staff also obtained a copy of the police reports for the subject restaurant. According to the reports within the last 12 months, the Downey Police Department received 19 calls for service at the subject business. Out of 19 calls, seven (7) were for assault, ten (10) were for disturbances and music complaints, and two (2) were for drug activities. Reports indicated that disturbance calls ranged from physical attack to drinking alcohol and being loud in the parking lot. It is staff’s opinion that since the Palms Restaurant is located within 150 feet of nearby residential uses, there is a great potential for noise generated from the restaurant and the impacts of that noise upon the adjoining businesses and residences is a concern. To mitigate and to avoid future problems, staff has recommended a condition requiring that the southerly door facing the parking lot remains closed between 6:00 p.m. and 2:00 a.m. In addition, patrons can only use the main door that faces Florence Avenue as the primary entry and exit doors to and from the establishment after 6:00 p.m. until closing time. 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. It is staff’s opinion the proposed live entertainment is occurring within an existing tenant space; thereby 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 PLN-13-00174. 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 requested conditional use permit to allow a Type 47 (On-Sale General, Eating Place) alcohol license and live entertainment at the Palms Restaurant will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood because the site is developed as a commercial use and it serves the immediate neighborhood already. The subject property is zoned C-P (General Commercial) with a General Plan Land Use Designation of “Professional Office”. The recently adopted Code Amendment allows restaurants operating with live entertainment within the C-P zoning, subject to the approval of a conditional use permit. Downey General Plan Policy 1.1.5 seeks to “provide an appropriate amount of land area for recreation and entertainment”. And Program 1.1.5.3 promotes recreation and entertainment uses that serve needs of the public. Therefore, the approval of this conditional use permit is consistent with these goals and objectives PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 - Page 4 because it will provide an additional convenience to patrons of the restaurant since it will allow another venue for entertainment for the public to enjoy while also providing the sale of beer and wine in conjunction with the sale of meals. 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 proposed conditional use permit will not adversely affect the adjoining land uses since the proposed use generally conforms to its C-P zone development standards and because the alcohol sales and live entertainment activities will occur well within the confines of the building. Also, the conditions of approval for the proposed conditional use permit will lessen impacts relating to noise and loitering. 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 size and shape of the subject property is adequate to accommodate the requested use because the proposed changes do not include further expansion of the existing restaurant building. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed expansion will not impose an undue burden upon the streets and highways in the area because Florence Avenue is designated as a minor arterial by the City’s General Plan. Florence Avenue is able to absorb any additional traffic this request may create, even though staff does not foresee a significant traffic increase since the building and parking areas already exist. CORRESPONDENCE On October 29, 2013, staff received a letter from Evelyn & Kevin Wilkinson and on October 30, 2013, staff received a letter from Betty Katanjian. Both letters are from the owners of properties to the east of subject site, voicing concerns about the proposed application (see attached letter). CONCLUSION Based on the analysis contained within this report, staff is recommending that the Planning Commission adopt a resolution to approve PLN-13-00174 (Conditional Use Permit), thereby allowing live entertainment activities (dancing, disc jockeys, karaoke, and live performers) and the sale of alcoholic beverages through a Type 47 (On-Sale General, Eating Place) Alcohol Beverages Control license at the Palms Steak & Seafood Restaurant, subject to the conditions of approval. PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 - Page 5 Exhibits Location Aerial Photograph The PalmsRestaurant PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 - Page 6 500’ Radius Map Zoning Map RESOLUTION NO. 13-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00174 (CONDITIONAL USE PERMIT), ALLOWING DISC JOCKEY, DANCING, LIVE PERFORMERS, AND KARAOKE AT THE PALMS STEAK & SEAFOOD RESTAURANT, WHICH OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 8060 FLORENCE AVENUE, ZONED C-P (PROFESSIONAL OFFICE) 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. An application was filed by Mr. Joel Florian (hereinafter "applicant") requesting Planning Commission approval of PLN-13-00174 (Conditional Use Permit), to allow live entertainment activities within the existing restaurant, on property located 8060 Florence Avenue, and zoned C-P (Professional Office); and B. On October 24, 2013, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot; and C. The Planning Commission held a duly noticed public hearing on November 6, 2013, and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 13-____, 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. That the requested conditional use permit will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The requested conditional use permit to allow a Type 47 (On-Sale General, Eating Place) alcohol license and live entertainment at the Palms Restaurant will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood because the site is developed as a commercial use and it serves the immediate neighborhood already. The subject property is zoned C-P (General Commercial) with a General Plan Land Use Designation of “Professional Office”. The recently adopted Code Amendment allows restaurants operating with live entertainment within the C-P zoning, subject to the approval of a conditional use permit. Downey General Plan Policy 1.1.5 seeks to “provide an appropriate amount of land area for recreation and entertainment”. And Program 1.1.5.3 promotes recreation and Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 – Page 2 entertainment uses that serve needs of the public. Therefore, the approval of this conditional use permit is consistent with these goals and objectives because it will provide an additional convenience to patrons of the restaurant since it will allow another venue for entertainment for the public to enjoy while also providing the sale of beer and wine in conjunction with the sale of meals. 2. That the requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. The proposed conditional use permit will not adversely affect the adjoining land uses since the proposed use generally conforms to its C-P zone development standards and because the alcohol sales and live entertainment activities will occur well within the confines of the building. Also, the conditions of approval for the proposed conditional use permit will lessen impacts relating to noise and loitering. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. The size and shape of the subject property is adequate to accommodate the requested use because the proposed changes do not include further expansion of the existing restaurant building. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed expansion will not impose an undue burden upon the streets and highways in the area because Florence Avenue is designated as a minor arterial by the City’s General Plan. Florence Avenue is able to absorb any additional traffic this request may create, even though staff does not foresee a significant traffic increase since the building and parking areas already exist. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN-13-00174 (Conditional Use Permit), subject to conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of November, 2013. Louis Morales, Chairman City Planning Commission Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 – Page 3 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 6th day of November, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 – Page 4 PLN-13-00174 (CONDITIONAL USE PERMIT) EXHIBIT A – CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN-13-00174 (Conditional Use Permit) allows the operation of a restaurant (The Palms) with live entertainment and a State of California Department of Alcoholic Beverage Control Type 47 (On-Sale General - Eating Place) license at 8060 Florence Avenue, Downey, California. 2) This approval of PLN-13-00174 shall supersede any of the approvals granted by Zone Exception (ZE) Case No. 534 regarding the sale of alcoholic beverages. All other approvals for ZE Case No. 534 shall remain in effect. 3) The Planning Commission shall conduct a review of this PLN-13-00174 (Conditional Use Permit) six (6) months after adoption of this resolution. Said review shall be conducted during a duly noticed public hearing, and at which time, the Planning Commission may modify the conditions of approval, require an additional review period, and allow the use to operate in perpetuity, or begin revocation proceedings. 4) The permitted hours of operation for live entertainment are as follows: Disc Jockey Live Band & Dancing Karaoke & Comedian Mariachi Monday 4 pm – 7 pm 9 pm – 2 am Tuesday 4 pm – 7 pm 9 pm – 2 am Wednesday 4 pm – 7 pm 8 pm – 2 am Thursday 4 pm – 7 pm 9 pm – 2 am Friday 4 pm – 7 pm 9 pm – 2 am Saturday 4 pm – 7 pm 9 pm – 2 am Sunday 4 pm – 7 pm 9 pm – 2 am 12 pm - 4 pm 5) Live entertainment shall be limited to live bands/musicians/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, except non-amplified mariachis may play in the outdoor dining area. 6) The owner/applicant shall ensure that the door facing the south parking lot remains closed between 6:00 p.m. and 2:00 a.m. daily, except to allow employee ingress/egress and in case of emergency. Between 6:00 p.m. and closing time, patrons can only use the primary entrance and exit from the restaurant through the northerly door facing Florence Avenue. 7) Customer dancing shall only be permitted on the designated dancing area. 8) At no time shall the entire restaurant operate as a banquet facility for private parties. Should private events utilize a portion of the facility, the restaurant shall remain open for the general public. 9) Customers shall not be within the business after the specified closing time. Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 – Page 5 10) 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. 11) Alcohol shall not be sold for off-site consumption. 12) The owner/applicant and licensee shall remove or paint over any graffiti painted or unmarked upon the premises or on an adjacent area under control of the licensee, within twenty-four (24) hours. 13) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, measured at the property line. If noise- related problems are received and verified by the Planning Division, the owner/applicant is required to conduct a noise study by a licensed acoustical engineer to show that the site complies with City’s noise standards. 14) All signs shall comply with the requirements set forth in the Downey Municipal Code. 15) 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. 16) 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. 17) 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. 18) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. POLICE 19) Prior to commencement of business, the applicant shall obtain a Police Permit for the live entertainment. 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. Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 – Page 6 21) The owner/applicant shall comply with and strictly adhere to the security plan, as approved by the Chief of Police. This shall include the owner/applicant providing a minimum of three (3) licensed and bonded, uniformed patrolmen or security. One security guard shall be posted in the parking lot, one at the door leading to the subject business, and one inside the restaurant monitoring the bar/entertainment areas. 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. 22) Payment for alcoholic beverage services shall be made only after such services have been provided to the patrons by the business. 23) 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. 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. 25) 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). 26) The applicant shall be responsible for monitoring the bar area to prevent anyone under the age of 21 from consuming alcohol. The licensee shall also be responsible for preventing anyone from furnishing alcohol to any person under the age of 21. 27) The applicant shall be responsible for monitoring the bar area to prevent anyone from smoking inside the building and outdoor in the dining area, pursuant to section 6404.5(b) of the California Labor Code. 28) There shall be no unpermitted signage or advertising of any kind on the building, 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. 29) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or any property adjacent to the licensed premises. 30) The owner/applicant and licensee shall provide the parking lots of the premises with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. BUILDING 31) The applicant/owner shall obtain all required permits to install a ramp or any applicable lifting equipment for disable persons to access to the dance floor area. 32) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 6, 2013 – Page 7 FIRE 33) If applicable, the applicant/owner shall install a Knox® Rapid Entry System for the new building. 34) If applicable, the applicant/owner shall install an approved Automatic Fire Extinguishing System throughout.