HomeMy WebLinkAboutPC Resolution 13-2860 RESOLUTION NO. 13-2860
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. 13-2860, 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 entertainment uses
Resolution No. 13-2860
Downey Planning Commission
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 Nrovember13.
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_,,Louis Morale , Chairma
City Planni 4 Commission
PLN-13-00174(CUP)—8060 Florence Ave
November 20,2013—Page 2
Resolution No. 13-2860
Downey 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 20th day of
November, 2013, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Cavanagh, Secre
City Planning Commission
PLN-13-00174(CUP)—8060 Florence Ave
November 20,2013—Page 3
Resolution No. 13-2860
Downey Planning Commission
PLN-13-00174
(CONDITIONAL USE PERMIT)
EXHIBIT A—CONDITIONS OF APPROVAL
3
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 4pm-7pm 9pm-2 am
Friday 9pm-2 am
Saturday 9 pm—2 am
Sunday 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 not be permitted in the
lobby area or the rear parking lot area.
6) Option for the owner/applicant and licensee to install panic hardware (touchbar) devices
to all exit doors in the lobby area so patrons can escape the building in case of
emergency, OR provide a security guard specifically to each door where those doors
remain open during business hours.
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) Alcohol shall not be sold for off-site consumption.
PLN-13-00174(CUP)—8060 Florence Ave
November 20,2013—Page 4
Resolution No. 13-2860
Downey Planning Commission
11) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
City Planner, the applicant shall provide evidence that the gross sales of food exceed
50% the gross sale of alcohol.
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) 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.
PLN-13-00174(CUP)—8060 Florence Ave
November 20,2013—Page 5
Resolution No. 13-2860
Downey Planning Commission
20) Prior to commencement of business, the applicant shall obtain a Police Permit for the live
entertainment.
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. The kitchen shall remain open to serve a full menu during business
hours. The service of alcohol shall cease no later than 1:30 a.m. daily.
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.
PLN-13-00174(CUP)—8060 Florence Ave
November 20,2013—Page 6
Resolution No. 13-2860
Downey Planning Commission
FIRE
33) If applicable, the applicant/owner shall install an approved Automatic Fire Extinguishing
System throughout.
PLN-13-00174(CUP)—8060 Florence Ave
November 20,2013—Page 7