HomeMy WebLinkAboutPC Resolution 14-2879 RESOLUTION NO. 14-2879
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-14-00019 — A REQUEST FOR REVISION "C" OF CONDITIONAL
USE PERMIT 08-04 FOR AN EXISTING RESTAURANT (HABANA CAFÉ), WHICH
CURRENTLY OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 47
(ON-SALE GENERAL, EATING PLACE) LICENSE AND LIVE ENTERTAINMENT,
THEREBY APPROVING THE MODIFICATION OF THE CONDITIONS OF APPROVAL
TO ALLOW LIVE ENTERTAINMENT INCLUDING: A DISC JOCKEY (DJ), KARAOKE,
LIVE BANDS WITH A LIMIT OF FIVE (5) MUSICIANS AND A 230 SQ. FT. DANCE
AREA; AND MODIFYING THE PERMITTED HOURS OF LIVE ENTERTAINMENT
FROM 6:00 PM TO 9:00 PM, MONDAY THROUGH THURSDAY AND FROM 7:00 P.M.
TO 1:30 A.M. FRIDAY AND SATURDAY, ON PROPERTY LOCATED AT 11402 OLD
RIVER SCHOOL RD, ZONED C-2 (GENERAL COMMERCIAL)
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 January 24, 2014, the Applicant, Blanca Melendez, submitted a Land Use
Permit Application (hereinafter referred to as PLN-14-00019) seeking the
Planning Commission's approval of a modification to an existing conditional use
permit (CUP 08-04, Revision B) and thereby define live entertainment at the
Habana Café restaurant to include a Disc Jockey (DJ), karaoke and a customer
dance area; to remove the restrictions on number of live musicians allowed at
one time; and to modify the permitted hours of live entertainment from 7:00 p.m.
to 2:00 a.m., seven (7) days a week.
B. The subject property is zoned C-2 (General Commercial) with a land use
designation of GC (General Commercial).
C. On February 28, 2014, staff deemed the application incomplete, requesting
corrections and further information from the applicant.
D. On April 24, 2014, staff deemed the application complete, thus allowing it to be
scheduled for a public hearing.
E. On May 22, 2014, notice of the pending public hearing was published in the
Downey Patriot was sent to all property owners within 500' of the subject site.
E. The Planning Commission held a duly noticed public hearing on June 4, 2014,
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, 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 hearing, the Planning Commission further finds, determines and declares that:
Resolution No.14-2879
Downey Planning Commission
1. That the requested conditional use permit will not adversely affect the intent
and purpose of this article or the City's General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof.
The restaurant use on the subject property is consistent with its General Plan
designation of"General Commercial". Additionally, the proposed use is consistent
with the City's Zoning Ordinance since it is permitted in the C-2 zone, subject to the
approval of a conditional use permit. Activities of the proposed live entertainment.
with the conditions of approval set forth in this modification, will not impact the
welfare of the nearby residential uses. Additionally, the Downey General Plan,
Vision 2025, established Policy 1.1.5 to provide an appropriate amount of land area
for recreation and entertainment. As such, the requested conditional use permit
modification will not adversely affect the intent and purpose of this article or the
City's General Plan or the public convenience or general welfare of persons
residing or working in the neighborhood thereof.
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 requested activities of the proposed live entertainment, with the conditions of
approval set forth in this modification will not adversely affect adjoining land uses
due to the manner in which the building housing the restaurant is oriented and 'a►
designed. Specifically, the main entrance to the restaurant is oriented toward Old
River School Road on the west side of the restaurant and the location of the live
entertainment area is to be 63 lineal away from it, while the residential uses border
the easterly and southerly sides of the subject site. In addition, two free-standing,
commercial buildings on the east and south sides of the subject site separate the
restaurant building and parking areas from the residential uses.
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 are adequate to allow the full
development of the proposed modification in a manner not detrimental to the area.
The property measures 76,860 square feet with a width of 384.26 feet along Old
River School Road and a depth of 200.11 feet along Burns Avenue, which exceeds
the minimum requirements of the Downey Municipal Code.
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 use will not impose an undue burden upon
the streets and highways in the area. The Final Environmental Impact Report
(FEIR) that was prepared for the Downey Vision 2025 General Plan (SCH
#2004031159), Chapter 2 - Circulation, Figure 2.1-1 - Circulation Plan, classifies
Old River School Rd. as a secondary arterial. Figure 2.1-2— Existing Traffic
Volumes in the same document show that on Old River School Rd. between
PLN-14-00019(CUP 08-04, Rev. C)—11402 Old River School Rd.
June 4,2014-Page 2
Resolution No.14-2879
Downey Planning Commission
Firestone Blvd. and Stewart and Gray Rd., the existing Average Daily Traffic (ADT)
volume is approximately 13,000 Vehicles Per Day (VPD) and the adopted capacity
as shown in Figure 2.1-3, Projected Traffic Volumes, Chapter 2 —Circulation in the
FEIR is 19,300 VPD demonstrating that Old River School Rd. has sufficient
capacity to absorb any additional traffic the requested modification may create.
SECTION 4. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN-14-00019
(Conditional Use Permit 08-04, Revision C), subject to the 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 4th day of June 2014.
Robert Kiefer, Chairma
City Planning Commission
I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular
meeting of the Planning Commission held on the 4th day of June, 2014, by the following
vote:
AYES: COMMISSIONERS: Kiefer, Lujan, Flores and Rodriguez
ABSENT: COMMISSIONERS: Morales
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None \ &)61/
Mary Cava agh, Secretary
City Planning Commission
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PLN-14-00019(CUP 08-04, Rev.C)—11402 Old River School Rd.
June 4,2014-Page 3
Resolution No.14-2879
Downey Planning Commission
EXHIBIT A — CONDITIONS OF APPROVAL
PLN-14-00019 (CONDITIONAL USE PERMIT 08-04, REVISION C)
PLANNING
1) The approval of PLN-14-00019 (Conditional Use Permit No. 08-04, Revision C) permits
the operation of a restaurant with live entertainment, a bar area at the rear/south end of
the building, 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) Resolution No. 2599, which approved Conditional Use Permit No. 08-04, Revision B is
hereby revoked and deemed null and void.
5) Live entertainment shall be limited to the following types: a Disc Jockey (DJ), live bands
with a limit of five (5) live musicians, karaoke, and a 230 sq. ft. dance floor area for
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customer dancing.
6) Hours of operation for the live entertainment shall be limited to the following: Monday
through Thursday, 6:00 p.m. to 9:00 p.m., and Friday and Saturday 7:00 p.m. to 1:30
a.m. Live entertainment shall not occur on Sunday.
7) Windows and doors shall remain closed during entertainment periods except for
emergency egress requirements.
8) The dance floor area shall be limited to an approximate 230 sq. ft. (10.5 ft. x 21.5 ft.)
area within the rear/south bar area.
9) There shall be no cover charge for the admission to the business.
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) Customers shall not be within the business after closing hours.
12) 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.
13) 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.
PLN-14-00019(CUP 08-04, Rev.C)—11402 Old River School Rd.
June 4,2014-Page 4
Resolution No.14-2879
Downey Planning Commission
14) The owner/applicant shall comply with all City of Downey noise regulations. In any case,
noise shall not exceed 65 dBA, as measured at the property line. Should any noise
complaints be formally submitted to the City, the applicant/owner shall be responsible to
hire a noise consultant to measure the dBA during use, and provide the evidence to the
City Planner that said use does not exceed 65 dBA.
15) The parking lot shall be equipped with lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons on or about the parking lot.
16) The owner/applicant shall be responsible for ensuring the subject property is free of litter
and graffiti. Should graffiti be applied, the owner/applicant shall remove the graffiti within
24 hours.
17) The owner/applicant shall not permit any loitering on the property.
18) All signs shall comply with the requirements set forth in the Downey Municipal Code.
19) 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.
19.5) The Planning Commission shall conduct a review of the Conditional Use Permit six (6)
months after the adoption of this resolution, 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.
POLICE
20) Within thirty (30) days of the Planning Commission's approval of PLN-14-00019, and
prior to commencement of new live entertainment activities, the owner/applicant shall
obtain a Police Permit for the permitted live entertainment.
21) A copy of the Conditional Use Permit and Police Permit shall be prominently posted on
the premises at all times. The owner/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.
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22) The owner/applicant shall provide a Security Plan to the Downey Police Department at
r... such time as determined by the Chief of Police.
PLN-14-00019(CUP 08-04, Rev. C)—11402 Old River School Rd.
June 4,2014-Page 5
Resolution No.14-2879
Downey Planning Commission
23) The owner/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 necessary.
24) 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).
BUILDING
25) All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
26) The owner/applicant shall comply with American Disabilities Act (ADA) standards.
27) Prior to the commencement of any construction, the owner/applicant shall obtain all
required permits. Additionally, the applicant shall obtain all necessary inspections and
permit finals prior to beginning operation of the site.
28) Occupancy loads shall be posted and comply with the 2013 California Building Code.
FIRE
29) The owner/applicant is to install a Knox® Rapid Entry Box. Knox® Box's shall be
mounted at a height not greater than 10 feet for protruding boxes or 6 feet for flush
mounted boxes.
30) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
PUBLIC WORKS
31) The owner/applicant shall obtain all necessary plan approvals and permits and shall
provide that the standards of improvements, construction materials and methods of
construction shall be in conformance with the Standard Plans and Specifications for
Public Works Construction and as modified by the City of Downey's Standards Plans
and Specifications.
32) The owner/applicant 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 Water Resources
Control Board, and Ordinance 1142 of the Downey Municipal Code (DMC) for all onsite
construction. Furthermore, the owner/applicant shall and is required to certify and
append Public Works standards as required by the LACoDPW Stormwater Quality
Management Plan (SQMP).
33) The owner/applicant shall maintain on-site inlet drain boxes to prevent clogs.
PLN-14-00019(CUP 08-04, Rev.C)—11402 Old River School Rd.
June 4,2014-Page 6