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PLN-13-000174 - 8060 Florence STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: NOVEMBER 20, 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) RECOMMENDATION Staff recommends that 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) DISCUSSION On November 6, 2013, the Planning Commission opened a public hearing to consider PLN-13- 00174, a request by Mr. Joel Florian, the owner/applicant of the Palms Restaurant, to allow live entertainment activities at his existing restaurant that operates with a Type 47 alcohol license. At the conclusion of the public testimony, the Planning Commission continued the item until November 20, 2013, and directed staff to investigate the on-going party bus activity at the site and to consider issues raised by the neighboring property owners relating to noise generated from the subject business. In response to the Commissioners’ inquiries about the operation of party buses at the subject site, City’s records indicate that a business license was issued for “Plan Create Party” as an office use for event planning at 8050 Florence Avenue, Suite 23. This business license allows the applicant to operate as an office use only. Dropping off and picking up patrons on party buses are prohibited at the site. Apparently, a website which belongs to “Plan Create Party” has been advertising party bus activity as the primary aspect of their business’s operation. PLN-12-00174 – 8060 Florence Ave November 20, 2013 - Page 2 Consequently, staff has contacted the business’s licensee, in writing, to cease the party bus activity immediately. In addition, staff has requested the Downey Police Department to patrol the subject site on weekends, to ensure no party buses are operating at the site. During the November 6, 2013 Planning Commission public hearing, staff recommended that Condition No. 6 read as follows: ”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”. Staff recognizes that using the rear doors to the parking lot as the primary access to the Palms Restaurant in the evening hours would be a practical solution. This allows patrons to exit the Palms directly to the rear parking lot instead of going around the building from Florence Avenue and Western Avenue. Since the entrance and exit doors to the multi-tenant building will be utilized by other businesses, staff recommends replacing Condition No. 6 with a condition that requires all exit doors, including doors facing Florence Avenue and rear doors facing the parking lot, to be equipped with panic hardware (touchbar) devices so patrons can exit the building in case of emergency. Attachments: Staff Report dated November 6, 2013 Letter of opposition dated November 14, 2013 H:\Community Development\Nguyen\CASES\CUP\2013\8060 Florence (Palms LiveEnt)\13-00174 staff 2.doc 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, which was continued to November 20, 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 20, 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 20th day of November, 2013. Louis Morales, Chairman City Planning Commission Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 20, 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 20th 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 20, 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 9 pm – 2 am Tuesday 9 pm – 2 am Wednesday 8 pm – 2 am Thursday 9 pm – 2 am Friday 9 pm – 2 am Saturday 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 and licensee shall install panic hardware (touchbar) devices to all exit doors in the lobby area so patrons can escape the building in case of emergency. 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. 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. Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 20, 2013 – Page 5 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 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. Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 20, 2013 – Page 6 21) 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. 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. FIRE Resolution No. 13-____ Downey Planning Commission PLN-13-00174 (CUP) – 8060 Florence Ave November 20, 2013 – Page 7 33) If applicable, the applicant/owner shall install an approved Automatic Fire Extinguishing System throughout.