HomeMy WebLinkAboutPC Resolution 15-2920RESOLUTION NO. 15 -2920
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00061 (CONDITIONAL USE PERMIT), THEREBY
ALLOWING LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT
(MARISCOS CHOIX), WHICH OPERATES WITH AN ALCOHOLIC BEVERAGE
CONTROL TYPE 41 (ON -SALE BEER & WINE, EATING PLACE) LICENSE, ON
PROPERTY LOCATED AT 8104 FIRESTONE 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. An application was filed by Raul Gonzalez (hereinafter "Applicant ") requesting
approval of a conditional use permit to operate live entertainment at Mariscos
Choix Restaurant, which operates with a Type 41 (On -Sale Beer & Wine,
Eating Place) alcohol license, on property located at 8104 Firestone Blvd, and
zoned DDSP (Downtown Downey Specific Plan); and
B. On April 27, 2015, notice of the pending public hearing was sent to all
Downey property owners within 500 feet 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 May 20,
2015, and after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, hereby adopted Resolution
No. 15 -2920, approving PLN -15 -00061 (Conditional Use Permit), subject to
the conditions of approval.
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:
A. Allowing the requested conditional use permit for live entertainment use under
the category "Bar /Night Club /Live Entertainment" will not adversely affect the
purpose and intent of the Downey Municipal Code. The subject property is
within the DDSP (Downtown Downey Specific Plan) zone, and it is adjacent to
other properties with the same zoning designation. The requested conditional
use permit will allow live entertainment in the form of three (3) acoustical
musicians at the Mariscos Choix Restaurant, located at 8104 Firestone Blvd,
and will not adversely affect the purpose and intent of this chapter or the City's
Resolution No. 15 -2920
Downey Planning Commission
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 the project site, along with the historic downtown,
maintain the Mixed Use General Plan designation, which is intended to help
facilitate entertainment uses. Related to this is General Plan Program No.
1.2.2.1, which states: "Promote the downtown area as a destination point for
entertainment, dining, civic, and other activities." Allowing Mariscos Choix
Restaurant to operate with live entertainment activities in the Downtown Core
area will encourage people to come into the downtown area.
B. The proposed live entertainment will not adversely affect the adjoining land
uses, because a condition of approval of PLN -15 -00061 states that the hours
of live entertainment within the outdoor dining area shall not begin before 6:00
p.m., Monday through Friday. The "live entertainment' will complement the
existing restaurant and surrounding commercial uses and will serve the public
with a use that the Downtown Downey Specific Plan deems appropriate for
uses within the Downtown Firestone Boulevard Gateway District.
C. The size and shape of the subject property is sufficient to allow live
entertainment activities in a manner not detrimental to the downtown area
since the request does not include further expansion of the existing restaurant
building. The proposed use will be contained within an existing 945 square
feet tenant space and the outdoor dining area.
D. The subject site is located within the Downtown Firestone Boulevard Gateway
District, with vehicular access being provided from Firestone Boulevard and
Myrtle Street. Due to the recent improvements that involved street right -of-
way dedication on Firestone Boulevard, the north parking lot on the subject
site was modified. Staff has reviewed the proposal and considered the
potential traffic problem caused by vehicle maneuvers on site and determined
that additional parking at the rear of the property and on- street parking on
Myrtle Street will help lessen the traffic problem.
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 -15-
00061, subject to the Conditions of Approval attached hereto as Conditions of Approval,
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.
PLN 15 -00061 — 8104 Firestone Blvd
May 20, 2015 - Page 2
Resolution No. 15 -2920
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of May 2015.
1
Hector Lujan, Ch ' man
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 20tH
day of May, 2015, by the following vote, to wit:
AYES:
COMMISSIONERS:
Lujan, Flores, Morales, Rodriguez and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
r,
All
Mary Cav nagh, Secretary
City Planning Commission
PLN 15 -00061 — 8104 Firestone Blvd
May 20, 2015 - Page 3
Resolution No. 15 -2920
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -15 -00061 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -15 -00061 (CUP) allows live entertainment in the form of three
(3) acoustical musicians, at the Mariscos Choix Restaurant, on property located at
8104 Firestone Blvd. Mariscos Choix Restaurant operates with a Type 41 (On -sale
Beer and Wine, Eating Place) alcohol beverages license. Any deviations or
exceptions from said site plan, other than those authorized by this resolution or those
that do not impact other conditions, shall not be permitted without the approval by the
Downey Planning Commission.
2) There shall be no stage, no customer dancing, no amplified sound or microphones at
the subject establishment. Only acoustical instruments (i.e. guitar, accordion) are
allowed.
3) The permitted hours of live entertainment for PLN -15 -00061 are as follows:
Monday through Wednesday: 11 :00 a.m. to 11:00 p.m.
Thursday through Sunday: 11:00 a.m. to 1:00 a.m.
Outdoor dining area: live music to begin at 6:00 p.m. Monday through Friday.
4) There shall be no cover charge for admission to the business.
5) The owner /applicant shall not permit any loitering on the subject site.
6) Customers shall not be within the business after the specified closing time.
7) The gross sales of alcohol shall not exceed the gross sales of food. At the request of
the Director of Community Development, the applicant shall provide evidence that the
gross sales of food exceed 50% the gross sale of alcohol.
8) 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 is not considered to
be in compliance with this condition.
9) The sale of alcohol shall be incidental to the sale of food within the dining area.
10) All signs shall comply with Chapter 6 of Article IX (Land Use) of the Downey
Municipal Code.
11) 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.
12) The City Planner is authorized to make minor modifications to the approved
preliminary plans or any of the conditions if such modifications shall achieve
PLN 15 -00061 — 8104 Firestone Blvd
May 20, 2015 - Page 4
Resolution No. 15 -2920
Downey Planning Commission
substantially the same results as would strict compliance with said plans and
conditions.
13) All conditions of PLN -15 -00061 (Conditional Use Permit) shall be complied with
before this conditional use permit becomes valid.
14) Approval of this PLN -15 -00061 (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.
15) 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.
POLICE_
16) Prior to operating live entertainment, the owner /applicant shall obtain any and all
required Police Department permits for this Conditional Use Permit.
17) 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).
18) A copy of this conditional use permit and any 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.
19) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
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.
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Resolution No. 15 -2920
Downey Planning Commission
21) 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.
FIRE
22) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
PLN 15 -00061 — 8104 Firestone Blvd
May 20, 2015 - Page 6