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HomeMy WebLinkAbout4. PLN-15-00132 - 8239 Second St.Agenda Page 1 PLN-15-00132 – 8237-8239 Second St September 16, 2015 - Page 2 Hours of Live Entertainment Downey Municipal Code Section 6507.1 (Dance Halls – Hours of Operation) stipulates that “no person shall operate any premises or carry on any activity at any such premises for which a permit is required under this part between the hours of 1:30 a.m. and 10:00 a.m.” This means all live entertainment activities shall cease at 1:30 a.m., seven days a week. However, in speaking with the applicant, he stated that his goal is provide food service and live entertainment until 3:00 a.m. Thursday through Sunday and until 2:00 a.m. Monday through Wednesday. Staff also discussed the proposed hours of operation with the Downey Police Department Special Enforcement Team (S.E.T.) and the Police Department feels that there is no justification for the business to remain until 3:00 a.m. The extended hours are not consistent with other similar establishments in the area since they close at 2:00 a.m., seven days a week. The requested hours of operation for live entertainment contradict with DMC Section 6507.1 as described above. Other uses in the downtown area have made similar requests to extend their operating hours (Club DB Lounge and 20/20 Draft House). The Planning Commission conditioned live entertainment to end at 1:30 a.m. If the applicant wishes to extend the hours of operation for live entertainment beyond 1:30 a.m., the applicant needs to file a request for the initiation of a Code Amendment and obtain approval from the City Council. In consideration of DMC Section 6507.1, staff proposes the following revisions to the conditions of approval to address hours of live entertainment as follows: • Condition No. 4 – Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer dancing only. Live entertainment shall not be permitted before 7:00 p.m., seven (7) days a week and shall cease by 1:30 a.m. • Condition No. 5 – The permitted hours of operation of the business, except for live entertainment, shall be 8:00 a.m. to 2:00 a.m., seven (7) days a week. The attached “Exhibit A – Conditions of Approval” to the Resolution will repeal all prior irrelevant conditions and include all operative conditions from the past approvals and conditions of approval for PLN-15-00132. In addition, staff is providing the highlighted conditions that include the revised and deleted conditions for your assessment. Food Service At the August 19, 2015 meeting, the Planning Commission discussed the hours of operation for the kitchen in conjunction with the hours for live entertainment. In reviewing the business operation, the Planning Commission concluded that food service must be available at all times that the business is open. Therefore, staff prepared new conditions of approval (6 and 17) to address those Commissioners. Six-Month Review In the past, the Planning Commission has imposed conditions that require businesses with live entertainment to return to the Commission within six months after the adoption of a resolution, to determine the applicant’s compliance with the conditions of approval. At a future public hearing, Agenda Page 2 PLN-15-00132 – 8237-8239 Second St September 16, 2015 - Page 3 the Commissioners will review the business’s operation and will determine if an additional review period is needed, to modify conditions of approval or allow the business to operate in perpetuity. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Staff recommends that the Planning Commission adopt a resolution approving PLN-15-00132, subject to conditions of approval. EXHIBITS A. Draft Resolution B. Revised Conditions of Approval (Revision ‘D’ of Resolution 09-2583 and Revision ‘E’ of Resolution 11-2721) C. Original Approved Conditions of Approval (Revision ‘D’ of Resolution 09-2583 and Revision ‘E’ of Resolution 11-2721) D. August 19, 2015 Staff Report E. Floor Plan Agenda Page 3 RESOLUTION NO. 15-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING REVISION ‘F’ TO CONDITIONAL USE PERMIT NO. 03-05 (PLN-15- 00132), THEREBY ALLOWING A RESTAURANT THAT OPERATES WITH LIVE ENTERTAINMENT, TO PROVIDE TWO (2) OUTDOOR PATIO AREAS AND TO UPGRADE THEIR STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE FROM TYPE 41 (ON-SALE BEER & WINE, EATING PLACE) TO TYPE 47 (ON-SALE GENERAL, EATING PLACE), ON PROPERTY LOCATED AT 8237-8239 SECOND STREET, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN – DOWNTOWN CORE DISTRICT) 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 March 5, 2003, the Planning Commission approved Resolution No. 2266 for Conditional Use Permit No. 03-05, to allow a computer access center at 8239 Second Street. This CUP allowed a maximum of 20 computers; and, B. On March 3, 2004, the Planning Commission approved Resolution No. 2266-A for a Revision ‘A’ to Conditional Use Permit No. 03-05 (officially numbered Modification to CUP 03-05). This revision allows the computer access center to occupy the space at 8237 Second Street, as well as the original space at 8239 Second Street; and, C. On July 19, 2006, the Planning Commission approved Resolution No. 2444 for a Revision ‘B’ to Conditional Use Permit No. 03-05 (officially numbered Modification to CUP 06-54M). This revision allows the addition of live entertainment within the computer access center. More specifically, it allows up to three (3) entertainers on stage; however, limited the number of computers to six (6); and, D. On February 6, 2008, the Planning Commission denied (Resolution No. 2518) Revision ‘C’ to Conditional Use Permit No. 03-05 (officially numbered Modification to CUP 07-173), a request to delete the condition of approval that limits the number of entertainers allowed to perform at any given time; and, E. On May 6, 2009, the Planning Commission approved Resolution No. 09-2583 for a Revision ‘D’ to Conditional Use Permit No. 03-05, to allow a restaurant/ nightclub to operate with an ABC Type 41 (On-Sale Beer and Wine, Eating Place) license and live entertainment. Under this approval, the Planning Commission imposed several conditions of approval, including a restriction that after 9:00 p.m., the minimum age of patrons shall be 21 years or older; and, F. On July 6, 2011, the Planning Commission approved Resolution No. 11-2721 for a Revision ‘E’ to Conditional Use Permit No. 03-05 (PLN-11-00160). This revision allows the applicant to remove a restriction on the age of occupants (eliminated Condition of Approval No. 14 of the Commission Resolution No. 09- 2583) on a restaurant that operates with an ABC Type 41 license and live entertainment; and, Agenda Page 4 Resolution No. 15-____ Downey Planning Commission PLN-15-00132 – 8237-8239 Second St September 16, 2015 - Page 2 G. On August 6, 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 H. The Planning Commission held a duly noticed public hearing on August 19, 2015, which was continued to a date uncertain, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopts Resolution No. 15-____, approving PLN-15-00132 (Revision ‘F’ to Conditional Use Permit No. 03-05), subject to the conditions of approval. SECTION 2. The Planning Commission further finds, determines and declares the project is not subject to 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 revision to a conditional use permit will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is within the DDSP (Downtown Downey Specific Plan – Downtown Core District) zone, and is adjacent to other properties with the same zoning designation. The restaurant with live entertainment will not adversely affect the purpose and intent of this chapter, the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood because the site and the adjacent properties maintain the “Mixed Use” General Plan designation, which is intended to facilitate entertainment uses. Implementing this policy complies with 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”. Adding outdoor patios and upgrading their alcoholic beverage control license to a restaurant with live entertainment will attract more people into the downtown area. B. The subject site is in a fully developed area of the City, with little to no vacant properties in the immediate area. There are several issues of concern, which could create potential negative impacts on the neighboring properties. With the recommended conditions of approval in place, staff believes the proposed request will mitigate any potential impacts and will not be a burden onto others. It will serve the public with a use that the Downtown Downey Specific Plan deems appropriate for uses within the Downtown Core District. C. The proposed use will be contained within an existing building and does not structurally require an expansion of the building. However, the proposed patios require five (5) additional parking spaces but the site is too small to provide them. Staff has prepared a condition of approval that requires the applicant to obtain approval for five parking credits to satisfy this requirement. With the approval of the parking credits, the subject site has sufficient shape and size to accommodate the proposed project. D. The subject site is located within the Downtown Core District, with arterial access being primarily provided from Firestone Boulevard, Paramount Boulevard, and Downey Avenue. The surrounding streets and highways in the area have Agenda Page 5 Resolution No. 15-____ Downey Planning Commission PLN-15-00132 – 8237-8239 Second St September 16, 2015 - Page 3 sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. 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-15-00132, subject to the Conditions of Approval attached hereto, 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 16th day of September 2015. Hector Lujan, Chairman 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 16th day of September 2015, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 6 Resolution No. 15-____ Downey Planning Commission PLN-15-00132 – 8237-8239 Second St September 16, 2015 - Page 4 EXHIBIT ‘A’ CONDITIONS OF APPROVAL PLN-15-00132 (REVISION ‘F’ TO CONDITIONAL USE PERMIT 03-05) PLANNING 1) This approval of PLN-15-00132 (Revision ‘F’ to CUP 03-05) allows the operation of a restaurant/nightclub with live entertainment and a Department of Alcoholic Beverage Control Type 47 (On-Sale General, Eating Place) license. 2) Resolution No. 2266, Resolution No. 2266-A, Resolution No. 2444, Resolution No. 2518, Resolution No. 09-2583, and Resolution No. 11-2721 are hereby repealed because the operative conditions of approval have been consolidated into this resolution. 3) The Planning Commission shall conduct a review of this PLN-15-00132 (Conditional Use Permit) six (6) months after adoption of this resolution to determine the applicant’s compliance with these conditions of approval. 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, allow the use to operate in perpetuity, or begin revocation proceedings. 4) Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer dancing only. Live entertainment shall not be permitted before 7:00 p.m., seven (7) days a week and shall cease by 1:30 a.m. 5) The permitted hours of operation of the business, except for live entertainment, shall be 8:00 a.m. to 2:00 a.m., seven (7) days a week. 6) The sale of alcohol beverages shall cease at 1:30 a.m., seven (7) days a week. 7) No alcoholic beverages shall be consumed outside of the premises (outdoor patio, parking lot, etc.) or any property adjacent to the licensed premises. 8) The owner/applicant shall construct the outdoor patios with decorative and strong fencing materials (i.e. iron post or bollard) that prevent vehicles from colliding into the patio areas. 9) There shall be no age restriction on the patrons of the business; however, the owner/applicant shall take all necessary steps to ensure that alcohol is not sold, given to, or consumed by persons under the age of 21. 10) The owner/applicant shall provide outdoor lighting on the east side of the subject building, at the outdoor patio and parking lot area. Said outdoor lighting must have adequate power to illuminate and make the appearance and conduct of all persons on the premises easily discernable. In addition, outdoor lighting shall be shielded, directed, and/or positioned as to not illuminate adjoining properties or right-of-ways. 11) Prior to submitting plans into plan check for the installation of the patio fence, the owner/applicant shall obtain the City Planner’s approval to waive 23 parking spaces for the use and pay the parking waiver fee. The owner/applicant shall maintain the required number of parking spaces by continuing to pay the parking waiver fee annually. Agenda Page 7 Resolution No. 15-____ Downey Planning Commission PLN-15-00132 – 8237-8239 Second St September 16, 2015 - Page 5 12) The owner/applicant shall prevent loitering in front of the business. Patrons who are waiting for age verification shall be in a single file line against the building. The use of a queue line is permitted. 13) Customers shall not be within the business after the specified closing time. 14) 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. 15) Prior to 9:00 p.m., seven (7) days a week, the sale of alcohol shall be incidental to the sale of food. 16) 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. 17) Food service must be available during business hours. The service/sale of prepackaged foods, salads, or sandwiches is not considered to be in compliance with this condition. 18) All signs shall comply with Chapter 6 of Article IX (Land Use) of the Downey Municipal Code. 19) 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. 20) 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. 21) Approval of this PLN-15-00132 (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. 22) 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 to attack, review, set aside, void or annul the approval of this resolution, to challenge the approval of this resolution on the basis of the California Environmental Quality Act (CEQA), or to determine 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. Agenda Page 8 Resolution No. 15-____ Downey Planning Commission PLN-15-00132 – 8237-8239 Second St September 16, 2015 - Page 6 23) All conditions of PLN-15-00132 (Conditional Use Permit) shall be complied with before this conditional use permit becomes valid. POLICE 24) Prior to commencement of business, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 25) There shall be no promoters not under the direct control of applicant and all operations shall be conducted at all times under the direct control of the applicant, who shall be responsible for the conduct of the business. Additionally, the applicant shall provide written confirmation to the Downey Police Department Special Enforcement Team (S.E.T.) of the identity of any promoter at least five (5) business days in advance of that promoter’s utilization of the permitted business. The applicant shall provide the following information regarding the promoter: true name, stage name or aliases, address, telephone number, and California driver’s license or identification number. The applicant shall not rent, lease, or sublease the location out for special events or promotional events not under the direct control of applicant, as aforesaid. 26) The owner/applicant and licensee shall provide licensed and bonded, uniformed patrolmen or security guards at such times as determined by, and in consultation with, the Chief of Police. The number of security guards may be increased or decreased as the Chief of Police determines is necessary. 27) Signs shall be posted at the entrance to the premises and business identifying a zero- tolerance policy for nuisance behavior at the premises (including the parking lot). 28) The owner/applicant and licensee shall immediately report to the Police Department if any patron appears to be involved in illegal activity inside the subject business or outside on the patio and parking lot area (i.e. using illegal substance or intoxicated patrons). 29) Payment for beverage services shall be made only after such services have been provided to the patrons by the business. 30) 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. 31) 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. 32) The owner/applicant and licensee shall comply with and strictly adhere to all conditions of any permit issued by the California State Department of Alcoholic Beverage Control (“ABC”) to the applicant and any applicable regulations of ABC. 33) The sale of all alcoholic beverages for consumption off the premises is prohibited. 34) The Licensee 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 in preventing anyone from furnishing alcohol to any person under the age of 21. Agenda Page 9 Resolution No. 15-____ Downey Planning Commission PLN-15-00132 – 8237-8239 Second St September 16, 2015 - Page 7 35) The Licensee shall be responsible for monitoring the business to prevent anyone from smoking inside, pursuant to section 6404.5(b) of the California Labor Code. 36) The owner/applicant and licensee shall remain in full compliance of all Local, State and Federal Laws. 37) There shall be no unpermitted signage or advertising of any kind, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 38) 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. FIRE 39) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. 40) All construction shall comply with the 2013 California Fire Code. BUILDING 41) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 42) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. 43) The owner/applicant shall clearly post the maximum occupancy, as determined by the Building Official. The owner/applicant shall not permit the actual occupancy of the building to exceed the maximum allowed. PUBLIC WORKS 44) The owner/applicant hereby consents to the annexation of the property into the Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways Code, and to incorporation or annexation into a new or existing Benefit Assessment or Municipal Improvement District in accordance with Division 10 and Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State of California. 45) Prior to commencing operation of the business, the owner/applicant shall construct handicap ramp at the northeast corner of New Street and Second Street. The handicap ramp shall be constructed per APWA Standards Plans and Specifications. Prior to beginning construction on said ramp, the applicant shall obtain a construction permit from the City of Downey Public Works Department. 46) Should a new or expanded sewer connection be required, the owner/applicant shall provide that the design and improvements of sewers shall be to the standards of the City Engineering Division, Septic systems are not acceptable. Agenda Page 10 Resolution No. 15-____ Downey Planning Commission PLN-15-00132 – 8237-8239 Second St September 16, 2015 - Page 8 47) All areas within the scope of work of this project 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, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 48) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub-standard curb, gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage, shall be replaced to the satisfaction of the Public Works Department. Please contact the Public Works inspection Office at (562) 904-7110 to have these areas identified on the plans, just prior to applying for a Building Permit. 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 Specification for Public Works Construction and as modified by the City of Downey’s Standard Plans and Specifications 49) If applicable, the applicant shall install all new utilities associated with this project underground. 50) Prior to final of building permits, the owner/applicant shall remove all construction graffiti created as part of this project from the public right-of-way and on the subject site. Agenda Page 11 PLN-15-00132 – 8237-8239 Second St September 16, 2015 – Page 1 EXHIBIT “B” REVISED CONDITIONS OF APPROVAL (REVISION “D” OF RESOLUTION NO. 09-2583) PLANNING 1) This approval of Conditional Use Permit No. 03-05, Rev ‘D’ permits the operation of a restaurant/nightclub with live entertainment and a Department of Alcoholic Beverage Control Type 41 47 (on-sale beer and wine, eating place) (one-sale general, eating place) license. 2) Resolution No. 2266, Resolution No. 2266-A, Resolution No. 2444, Resolution No. 2518, Resolution No. 09-2583, and Resolution No. 11-2721 are hereby repealed because the operative conditions of approval have been consolidated into this resolution. 3) The Planning Commission shall conduct a review of this PLN-15-00132 (Conditional Use Permit) six (6) months after adoption of this resolution to determine the applicant’s compliance with these conditions of approval. 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, allow the use to operate in perpetuity, or begin revocation proceedings. 4) 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. 5) 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. 6) All conditions of approval Conditional Use Permit 03-05, Rev ‘D’ PLN-15-00132 (Conditional Use Permit) shall be complied with before this conditional use permit becomes valid. 7) Resolution No. 2266, Resolution No. 2266-A, and Resolution No. 2444 are hereby revoked and deemed null and void Resolution No. 2444, Resolution No. 2518, Resolution No. 09-2583, and Resolution No. 11-2721 are hereby repealed because the operative conditions of approval have been consolidated into this resolution. Pursuant to the Planning Commission’s direction during its Regular Meeting on August 19, 2015, staff revised the conditions of Approval for PLN-15-00132 to address the commissioner’s concerns regarding the hours of operation and food sales for the use. Staff also combined all relevant conditions of approval from the original conditional use permit (CUP-03-05) and all subsequent modifications to it. The following conditions reflect the proposed changes as: • New conditions appear in italics. • Revised text appears underlined. • Deleted conditions and deleted text appear in strikeout. Agenda Page 12 PLN-15-00132 – 8237-8239 Second St September 16, 2015 – Page 2 8) The permitted hours of operation of the business is as follows: a) Sunday through Thursday 8:00 a.m. until Midnight b) Friday and Saturday 8:00 a.m. until 2:00 a.m. the following morning., except for live entertainment, shall be 8:00 a.m. to 2:00 a.m., seven (7) days a week. 9) The sale of alcohol beverages shall cease at 1:30 a.m., seven (7) days a week. 10) No alcoholic beverages shall be consumed outside of the premises (outdoor patio, parking lot, etc.) or any property adjacent to the licensed premises. 11) The owner/applicant shall construct the outdoor patios with decorative and strong fencing materials (i.e. iron post or bollard) that prevent vehicles from colliding into the patio areas. 12) There shall be no age restriction on the patrons of the business; however, the owner/applicant shall take all necessary steps to ensure that alcohol is not sold, given to, or consumed by persons under the age of 21. 13) The owner/applicant shall provide outdoor lighting on the east side of the subject building, at the outdoor patio and parking lot area. Said outdoor lighting must have adequate power to illuminate and make the appearance and conduct of all persons on the premises easily discernable. In addition, outdoor lighting shall be shielded, directed, and/or positioned as to not illuminate adjoining properties or right-of-ways. 14) Prior to submitting plans into plan check for the installation of the patio fence, the owner/applicant shall obtain the City Planner’s approval to waive 23 parking spaces for the use and pay the parking waiver fee. The owner/applicant shall maintain the required number of parking spaces by continuing to pay the parking waiver fee annually. 15) Customers shall not be within the business after the specified closing time. 16) 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. 17) Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer dancing only. Live entertainment shall not be permitted before 7:00 p.m. and shall ease one (1) hour before closing seven (7) days a week and shall cease by 1:30 a.m. 18) The sale of alcohol shall cease 45 minutes prior to closing. 19) There shall be no outdoor patio/dining area. No alcoholic beverages sold at the site shall be consumed outside the business. 20) Prior to 9:00 p.m., seven (7) days a week, the sale of alcohol shall be incidental to the sale of food. 21) 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. Agenda Page 13 PLN-15-00132 – 8237-8239 Second St September 16, 2015 – Page 3 22) The kitchen shall remain open to serve a full menu at all times the business is open.Food service must be available during business hours. The service/sale of prepackaged foods, salads, or sandwiches are not considered to be in compliance with this condition. 23) No person under the age of 21 shall be in the business after 9:00 p.m., seven (7) days a week. The applicant shall have a security guard at the door from 9:00 p.m. until closing who shall verify the age of all patrons entering the business. Age verification shall be through an electronic identification verification system. 24) The owner/applicant shall prevent loitering in front of the business. Patrons who are waiting for age verification shall be in a single file line against the building. The use of a queue line is permitted. 25) Prior to submitting plans into plan check, the owner/applicant shall obtain approval of and maintain a total of 18 parking credit from the City Council. Should the City Council deny the parking credits, the resolution shall be deemed null and void for the installation of the patio fence, the owner/applicant shall obtain the City Planner’s approval to waive 23 parking spaces for the use and pay the parking waiver fee. The owner/applicant shall maintain the required number of parking spaces by continuing to pay the parking waiver fee annually. 7)26) 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. 26)27) All signs shall comply with the requirements set forth in Chapter 6 of Article IX of the Downey Municipal Code. 27)28) 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 to attack, review, set aside, void or annul the approval of this resolution, to challenge the approval of this resolution on the basis of the California Environmental Quality Act (CEQA), or to determine 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 28)29) Prior to commencement of business, the applicant shall obtain a Police Permit for live entertainment. 29)30) There shall be no promoters not under the direct control of applicant and all operations shall be conducted at all times under the direct control of the applicant, who shall be Agenda Page 14 PLN-15-00132 – 8237-8239 Second St September 16, 2015 – Page 4 responsible for the conduct of the business. Additionally, the applicant shall provide written confirmation to the Downey Police Department Special Enforcement Team (S.E.T.) of the identity of any promoter at least five (5) business days in advance of that promoter’s utilization of the permitted business. The applicant shall provide the following information regarding the promoter: true name, stage name or aliases, address, telephone number, and California driver’s license or identification number. The applicant shall not rent, lease, or sublease the location out for special events or promotional events not under the direct control of applicant, as aforesaid. 30)31) Payment for beverage services shall be made only after such services have been provided to the patrons by the business. 31)32) The owner/applicant and licensee shall provide licensed and bonded, uniformed patrolmen or security guards at such times as determined by, and in consultation with, the Chief of Police. The number of security guards may be increased or decreased as the Chief of Police determines is necessary. 32)33) Signs shall be posted at any entrance to the premises and business identifying a zero- tolerance policy for nuisance behavior at the premises (including the parking lot). 33)34) The owner/applicant and licensee shall immediately report to the Police Department if any patron appears to be involved in illegal activity inside the subject business or outside on the patio and parking lot area (i.e. using illegal substance or intoxicated patrons). 34)35) 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. 35)36) The owner/applicant and licensee shall comply with and strictly adhere to all conditions of any permit issued by the California State Department of Alcoholic Beverage Control (“ABC”) to the applicant and any applicable regulations of ABC. 36)37) The sale of all alcoholic beverages for consumption off the premises is prohibited. 37)38) 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. 38)39) The Licensee 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 in preventing anyone from furnishing alcohol to any person under the age of 21. 39)40) The Licensee shall be responsible for monitoring the business to prevent anyone from smoking inside, pursuant to section 6404.5(b) of the California Labor Code. 40)41) The owner/applicant and licensee shall remain in full compliance of all Local, State and Federal Laws. Agenda Page 15 PLN-15-00132 – 8237-8239 Second St September 16, 2015 – Page 5 41)42) There shall be no unpermitted signage or advertising of any kind, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 42)43) 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. FIRE 43)44) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. 44)45) All construction shall comply with the 2007 2013 California Fire Code. 45)46) Prior to operation of the business, an Automatic Fire Alarm and Detection System shall be installed. BUILDING 46)47) All construction shall comply with the 2007 2013 California Building Code and Title 24 of the California Energy Code. 47)48) Prior to operation of the business, the applicant shall obtain permits to change the occupancy of the building to an ‘A’ Occupancy. This shall also include meeting Title 24 handicap accessibility. 48)49) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. 49)50) The owner/applicant shall clearly post the maximum occupancy, as determined by the Building Official. The owner/applicant shall not permit the actual occupancy of the building to exceed the maximum allowed. PUBLIC WORKS 50)51) The owner/applicant hereby consents to the annexation of the property into the Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways Code, and to incorporation or annexation into a new or existing Benefit Assessment or Municipal Improvement District in accordance with Division 10 and Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State of California. 51)52) Prior to commencing operation of the business, the owner/applicant shall construct handicap ramp at the northeast corner of New Street and Second Street. The handicap ramp shall be constructed per APWA Standards Plans and Specifications. Prior to beginning construction on said ramp, the applicant shall obtain a construction permit from the City of Downey Public Works Department. Agenda Page 16 PLN-15-00132 – 8237-8239 Second St September 16, 2015 – Page 6 52)53) If applicable, The the applicant shall install all new utilities associated with this project underground. 53)54) Prior to operation of the business, the owner/applicant shall provide a refuse enclosure with roof cover, show trash enclosure specifications (location, size). 54)55) The owner/applicant shall be required to complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 55)56) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub-standard curb, gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage, shall be replaced to the satisfaction of the Public Works Department. Please contact the Public Works inspection Office at (562) 904-7110 to have these areas identified on the plans, just prior to applying for a Building Permit. 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 Specification for Public Works Construction and as modified by the City of Downey’s Standard Plans and Specifications. 56)57) Any construction activity All areas within the scope of work of this project 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, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 57)58) Should a new or expanded sewer connection be required, the owner/applicant shall provide that the design and improvements of sewers shall be to the standards of the City Engineering Division, Septic systems are not acceptable. 58)59) Prior to final of building permits, the owner/applicant shall remove all construction graffiti created as part of this project from the public right-of-way and on the subject site. Agenda Page 17 PLN-15-00132 – 8237-8239 Second St September 16, 2015 – Page 7 REVISED CONDITIONS OF APPROVAL (REVISION “E” OF RESOLUTION NO. 11-2721) PLANNING 1) Unless modified hereafter, Planning Commission Resolution No. 09-2583, which approved Revision ‘D’ to Conditional Use Permit 03-05, and all conditions of approval contained therein shall remain in effect and full force. Resolution No. 2266, Resolution No. 2266-A, Resolution No. 2444, Resolution No. 2518, Resolution No. 09-2583, and Resolution No. 11-2721 are hereby repealed because the operative conditions of approval have been consolidated into this resolution. 2) Condition of Approval No. 14 of Planning Commission Resolution No. 09-2583 shall be hereby deleted. There shall be no age restriction on the patrons of the business; however, the applicant shall take all necessary steps to ensure that alcohol is not sold, given to, or consumed by persons under the age of 21. 3) Six (6) months after the commencement of business, the Planning Commission shall conduct a review of the business in a duly noticed public hearing. The purpose of the review is to ensure the business’s compliance with the conditions of approval set forth in Planning Commission Resolutions 09-0583 and 11-2721. Agenda Page 18 Agenda Page 19 Agenda Page 20 Agenda Page 21 Agenda Page 22 Agenda Page 23 STAFF REPORT PLANNING DIVISION DATE: AUGUST 19, 2015 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-15-00132 (REVISION ‘F’ TO CONDITIONAL USE PERMIT NO. 03- 05) – A REQUEST TO AMEND CONDITIONS OF APPROVAL ON A RESTAURANT THAT OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 41 LICENSE AND LIVE ENTERTAINMENT. LOCATION: 8237-8239 SECOND STREET ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) REPORT SUMMARY The applicant, Mr. David Devis, seeks the Planning Commission’s approval to modify the conditions that were previously approved under Conditional Use Permit No. 03-05, for the operation of a restaurant (Epic Lounge/LA Buns) with live entertainment and an ABC Type 41 license. After reviewing the materials and information submitted with the Land Use Permit Application, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING REVISION ‘F’ TO CONDITIONAL USE PERMIT NO. 03-05 (PLN-15-00132), THEREBY ALLOWING A RESTAURANT THAT OPERATES WITH LIVE ENTERTAINMENT, TO PROVIDE OUTDOOR PATIO AREA AND TO UPGRADE THEIR STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE FROM TYPE 41 (ON-SALE BEER & WINE, EATING PLACE) TO TYPE 47 (ON-SALE GENERAL, EATING PLACE), ON PROPERTY LOCATED AT 8237-8239 SECOND STREET, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN – DOWNTOWN CORE DISTRICT) BACKGROUND The subject site is an approximate 19,428 square foot rectangular shaped parcel that is located on the northeast corner of Second Street and New Street. It is improved with a 6,800 square foot multi-tenant building, which includes a sushi restaurant, retail store, hair salon, and the subject business. Eight parking spaces are located on the north side of the parcel. Access to the site is through a private driveway on Second Street and a driveway on New Street. Agenda Page 24 PLN-15-00132 – 8237-8239 Second St August 19, 2015 - Page 2 The property is zoned DDSP (Downtown Downey Specific Plan – Downey Core District) with a General Plan Land Use Designation of “Mixed Use”. Restaurants, movie theater, offices, and stores border the north, south, and east sides of the property. In addition, the west side of the subject site is the City’s parking structure. Over the years, the City has granted other entitlements for the subject business and copies of the Commission resolutions are attached hereto: 1. On March 5, 2003, the Planning Commission approved Resolution No. 2266 for Conditional Use Permit No. 03-05, to allow a computer access center at 8239 Second Street. This CUP allowed a maximum of 20 computers. 2. On March 3, 2004, the Planning Commission approved Resolution No. 2266-A for a Revision ‘A’ to Conditional Use Permit No. 03-05 (officially numbered Modification to CUP 03-05). This revision allows the applicant to create an opening in the wall which separated the 8239 Second Street tenant space from the adjacent tenant space at 8237 Second Street. It allowed them to use the original space for computer access center, café, and restrooms, while the expanded area to be used as a food preparation area. 3. On July 19, 2006, the Planning Commission approved Resolution No. 2444 for a Revision ‘B’ to Conditional Use Permit No. 03-05 (officially numbered Modification to CUP 06-54M). This revision allows the addition of live entertainment within the computer access center. More specifically, it allows up to three entertainers on stage; however, limited the number of computers to six (6). 4. On February 6, 2008, the Planning Commission denied (Resolution No. 2518) Revision ‘C’ to Conditional Use Permit No. 03-05 (officially numbered Modification to CUP 07- 173), a request to delete the condition of approval that limits the number of entertainers allowed to perform at any given time. 5. On May 6, 2009, the Planning Commission approved Resolution No. 09-2583 for a Revision ‘D’ to Conditional Use Permit No. 03-05, a request to eliminate the allowance for the computers and all related conditions, and to allow the restaurant/nightclub to operate with an ABC Type 41 license and live entertainment. Under this approval, the Planning Commission imposed several conditions of approval, including a restriction that after 9:00 p.m., the minimum age of patrons shall be 21 years or older. 6. On July 6, 2011, the Planning Commission approved Resolution No. 11-2721 for a Revision ‘E’ to Conditional Use Permit No. 03-05 (PLN-11-00160). This revision allows the applicant to remove a restriction on the age of occupants (eliminated Condition of Approval No. 14 of the Commission Resolution No. 09-2583) on a restaurant that operates with an ABC Type 41 license and live entertainment. On June 16, 2015, the applicant submitted a Land Use Permit Application to revise Conditional Use Permit No. 03-05 (PLN-15-00132) to extend the hours of operation, to add outdoor patios, and to upgrade their ABC license from a Type 41 (On-sale Beer & Wine, Eating Place) to a Type 47 (On-sale General, Eating Place). Staff completed a review of the application on August 3, 2015, and deemed the application complete. On August 6, 2015, staff mailed notices of the pending public hearing to all property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. Agenda Page 25 PLN-15-00132 – 8237-8239 Second St August 19, 2015 - Page 3 DISCUSSION As described above, the existing 2,530 square foot tenant space currently operates with live entertainment and an ABC Type 41 license. Under this Land Use Permit Application, the applicant proposes to add an 85 square foot outdoor patio on the south side of LA Buns portion of the business (adjacent to Second Street), add a 280 square foot outdoor patio on the east side of Epic Lounge (adjacent to the alley and private parking lot), upgrade his ABC license to a Type 47, and extend the hours of operation. According to the applicant, upgrading the alcoholic beverage license will increase revenue significantly and providing outdoor patios for patrons will be a beneficial use in the Downtown Core District since most restaurants within the downtown area are permitted to have an outdoor patio area. However, staff has concerns about the proposed hours of operation of the business. The applicant has requested to cease at 3:00 a.m. Thursday through Sunday and at 2:00 a.m. Monday through Wednesday. An analysis of the hours of operation is as follows: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Current Hours 8 am-12 am 8 am-12 am 8 am-12 am 8 am-12 am 8 am-2 am 8 am-2 am 8 am-12 am Proposed Hours 8 am-2 am 9 pm –2 am 8 am-2 am 8 am-3 am 8 am-3 am 8 am-3 am 8 am-3 am It is staff’s opinion that there is no justification to operate a restaurant/nightclub during these extended hours. City records indicated that closing at 2:00 a.m. is consistent with other establishments (i.e. Lock & Key, Mambo Grill, and Joseph’s Bar & Grill Restaurants) in the area. As such, staff is recommending the hours of operation be limited until 2:00 a.m. seven (7) days a week. All other conditions of approval under Resolutions No. 09-2583 and No. 11-2721 (Revision ‘D’ and ‘E’ to CUP 03-05) shall remain in effect and full force. Parking The parking standard for restaurant use with live entertainment and outdoor patio in the Downtown Downey Specific Plan is one (1) parking space per 200 square feet of gross floor area for a restaurant use and one (1) parking space per five (5) persons for entertainment area. By that standard, the subject business (Epic Lounge/LA Buns) with the outdoor patios PLN-15- 00132 proposes, requires 31 parking spaces, based on the ratio of 1,863 square feet (entertainment) of floor area /5 persons and 1,032 square feet (restaurant) of floor area /200. The property currently has eight (8) parking spaces, whereas the applicant’s proposal requires 31 spaces. As such, the applicant is increasing the demand by 23 spaces and will need to provide more parking spaces by obtaining parking credits. It is important to note that the applicant is currently paying for eighteen (18) parking credits (approved by City Council on November 10, 2009) and will need to add five (5) more credits. Staff has prepared a condition of approval that requires the applicant to obtain the City Planner’s approval for the required parking credits. Agenda Page 26 PLN-15-00132 – 8237-8239 Second St August 19, 2015 - Page 4 DEVELOPMENT REVIEW COMMITTEE – JULY 9, 2015 At the Development Review Committee (DRC) meeting, Downey Fire Department and Building & Safety Division staff expressed concern regarding the emergency discharge area onto the outdoor patio area on the east side of the business. It is required that all exit discharges shall provide a direct and unobstructed access to the public right-of-way and shall not pass through an adjoining rooms or areas. After speaking with the applicant about the issue, he agreed to revise the patio plan to comply with City’s standards. In addition, the Police Department requested more outdoor lighting to the east side of the business and more security guards outside at the outdoor patio area to prevent patrons from drinking outside. In response, staff has added conditions of approval to address these issues. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff determined 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 CEQA. Class 1, include projects that involve negligible or no expansion of the existing use. It is staff’s opinion that the request to modify the conditions of approval for an existing restaurant will not impact the environment; thereby qualifying for the Class 1 exemption. FINDINGS Pursuant to the requirements of the Municipal Code Section 9824.06, staff recommends the Planning Commission make the following findings to approve the request: 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. Allowing the requested revision to a conditional use permit will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is within the DDSP (Downtown Downey Specific Plan – Downtown Core District) zone, and is adjacent to other properties with the same zoning designation. The restaurant with live entertainment will not adversely affect the purpose and intent of this chapter, the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood because the site and the adjacent properties maintain the “Mixed Use” General Plan designation, which is intended to facilitate entertainment uses. Implementing this policy 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. Adding outdoor patios and upgrading their alcoholic beverage control license to a restaurant with live entertainment will attract more people into the downtown area. 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. Agenda Page 27 PLN-15-00132 – 8237-8239 Second St August 19, 2015 - Page 5 The subject site is in a fully developed area of the City, with little to no vacant properties in the immediate area. There are several issues of concern, which could create potential negative impacts on the neighboring properties. With the recommended conditions of approval in place, staff believes the proposed request will mitigate any potential impacts and will not be a burden onto others. It will serve the public with a use that the Downtown Downey Specific Plan deems appropriate for uses within the Downtown Core District. 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 proposed use will be contained within an existing building and does not structurally require an expansion of the building. However, the proposed patios require five (5) additional parking spaces but the site is too small to provide them. Staff has prepared a condition of approval that requires the applicant to obtain approval for five parking credits to satisfy this requirement. With the approval of the parking credits, the subject site has sufficient shape and size to accommodate the proposed project. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is located within the Downtown Core District, with arterial access being primarily provided from Firestone Boulevard, Paramount Boulevard, and Downey Avenue. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Staff recommends that the Planning Commission adopt a resolution approving PLN-15-00132 (Revision ‘F’ to Conditional Use Permit No. 03-05), thereby allowing a restaurant that operates with live entertainment to provide outdoor patios and to upgrade their ABC license from a Type 41 to a Type 47, subject to the conditions of approval. EXHIBITS A. Vicinity Map & Site Photograph B. Aerial Photograph & Zoning Map C. Draft Resolution Agenda Page 28 PLN-15-00132 – 8237-8239 Second St August 19, 2015 - Page 6 Exhibit ‘A’ PROJECT LOCATION SITE PHOTOGRAPH Agenda Page 29 PLN-15-00132 – 8237-8239 Second St August 19, 2015 - Page 7 Exhibit ‘B’ AERIAL PHOTOGRAPH ZONING MAP Subject Business Subject Property Agenda Page 30 CITY OF DOWNEY PLANNING DIVISION NORTHEXHIBIT ‘E’ PROJECT No. PROJECT LOCATION FLOOR PLAN PLN-15-00132 (CUP) 8237-8239 SECOND ST Second St Ne w S t Proposed Patio Proposed Patio Agenda Page 31