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HomeMy WebLinkAbout4. PLN-15-00240 8104 FirestoneSTAFF REPORT PLANNING DIVISION DATE: MARCH 16, 2016 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-15-00240 (REVISION ‘A’ TO PLN-15-00061, CONDITIONAL USE PERMIT) – A REQUEST TO AMEND THE PREVIOUSLY-APPROVED CONDITIONS OF APPROVAL TO EXPAND LIVE ENTERTAINMENT ACTIVITIES AT AN EXISTING RESTAURANT, WHICH OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 41 LICENSE LOCATION: 8104 FIRESTONE BLVD ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) REPORT SUMMARY The applicant, Mr. Raul Gonzalez, seeks the Planning Commission’s approval of PLN-15-00240 (Revision ‘A’ to PLN-15-00061), to modify the previously-approved conditions of approval on the live entertainment activities at his restaurant, with the following changes: 1. Allow live music in the outdoor dining area to begin at 4:00 p.m. (instead of 6:00 p.m.), Thursdays and Fridays only; 2. Allow amplified music; 3. Increase the number of musicians to entertain in the business from three (3) to four (4). Musicians will perform inside the restaurant and outside in the patio area; and, 4. Allow the business to charge an admission fee to enter the business during pay-per-view sporting events. After reviewing the applicant’s request and upon receiving comments from the Downey Police Department regarding this application, staff recommends that the Planning Commission adopt the following resolutions: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. PLN-15-00240 (REVISION ‘A’ TO PLN-15-00061), TO ALLOW AMPLIFIED MUSIC AND TO ALLOW THE BUSINESS TO CHARGE AN ADMISSION FEE TO ENTER THE BUSINESS DURING PAY-PER-VIEW SPORTING EVENTS, ON PROPERTY LOCATED AT 8104 FIRESTONE BOULEVARD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) Agenda Page 1 PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING CONDITIONAL USE PERMIT NO. PLN-15-00240 (REVISION ‘A’ TO PLN-15-00061), A REQUEST TO BEGIN LIVE MUSIC AT 4:00 P.M. IN THE OUTDOOR DINING AREA AND TO ADD A FOURTH MUSICIAN, AT AN EXISTING RESTAURANT, ON PROPERTY LOCATED AT 8104 FIRESTONE BOULEVARD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) BACKGROUND The subject site is a 9,800 square foot parcel that is located on the southeast corner of Firestone Boulevard and Myrtle Street. The site is improved with a 945 square foot restaurant building that features an outdoor dining area located at the east side of the building, and a 2,329 square foot building, abutting the west side of the restaurant, which is used as a music studio. Other site improvements include ten (10) substandard parking spaces along the street frontage (facing Firestone Boulevard) and at the rear of the building. The site is zoned DDSP (Downtown Downey Specific Plan) with a General Plan Land Use Designation of “Mixed Use”. Surrounding uses include commercial properties on the opposite side of Firestone Boulevard to the north, a fast food restaurant and retail developments on the opposite side of Myrtle Street to the west, an automobile body repair shop borders the south side of the subject site, and a used car dealership is located on the east side of the subject site. On May 20, 2015, the Planning Commission adopted Resolution No. 15-2920, thereby approving a conditional use permit (PLN-15-00061), allowing live entertainment in the form of three acoustical musicians at an existing restaurant (Mariscos Choix) that operates with an ABC Type 41 (On-Sale Beer & Wine, Eating Place) alcohol license. Resolution No. 15-2920 prohibits the use of amplified speakers and microphones. DISCUSSION As described above, on May 20, 2015, the Planning Commission approved Conditional Use Permit PLN-15-00061 (minutes attached), to allow Mr. Gonzalez to operate his restaurant with live entertainment in the form of three acoustical musicians during certain hours of the week without the use of amplified music and with no cover charge to customers for admission into the business. Since then, Mr. Gonzalez recognized a need to expand the live entertainment activities to entertain his patrons. Therefore, Mr. Gonzalez proposes this modification to the original approval for the restaurant to increase the number of musicians, to use amplified music, and to allow live entertainment to begin at 4:00 p.m. He also seeks permission to allow his business to charge an admission fee to enter the business during pay-per-view sporting events. In reviewing the application with various City Departments, including the Downey Police Department, staff developed the following data for the Commission to review: Hours of live entertainment PLN-15-00240 proposed to allow live music at the outdoor dining area to begin at 4:00 p.m. instead of 6:00 p.m. Thursdays and Fridays only. All other days and hours for live entertainment will remain as approved under PLN-15-00061. Agenda Page 2 PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 3 Mariscos Choix’s business hours of operation are 10:00 a.m. to 2:00 a.m. daily. However, the applicant is requesting to revise the hours of live entertainment as follows: Current Hours of Live Entertainment Location Monday Tuesday Wednesday Thursday Friday Saturday Sunday Indoor Dining Area 11 a.m. - 11 p.m. 11 a.m. - 1 a.m. Outdoor Dining Area 6 p.m. - 11 p.m. 6 p.m. - 1 a.m. 11 a.m. - 1 a.m. Proposed Hours of Live Entertainment Location Monday Tuesday Wednesday Thursday Friday Saturday Sunday Indoor Dining Area 11 a.m. - 11 p.m. 11 a.m. - 1 a.m. Outdoor Dining Area 6 p.m. - 11 p.m. 4 p.m. - 1 a.m. 11 a.m. - 1 a.m. Upon its review of PLN-14-00051, the Downey Police Department expressed its opposition to allow live music in the patio area at 4:00 p.m. The Police Department is concerned that some of the adjacent businesses still operate between 4:00 p.m. and 6:00 p.m. and allowing live music at 4:00 p.m. may create a distraction to those operating during their normal business hours. On March 2, 2016, staff conducted a survey on the current’s operating hours of the neighboring businesses within 250 feet from the subject restaurant. It indicated that most of the retail, office, personal service, and repair businesses are open at 4:00 p.m. Monday through Friday. Because of the above concern, staff recommends that live entertainment in the outdoor dining area should not begin before 6:00 p.m. Monday through Friday. It is staff’s opinion that allowing live music to begin at 4:00 p.m. is not consistent with other similar establishments in the Downtown area, especially along the Firestone Boulevard Gateway District. The 20/20 Draft House was recently approved to begin live entertainment at 8:00 p.m. on Thursday through Saturday and at 5:00 p.m. on Sunday. Club DB Lounge begins their live entertainment at 9:00 p.m. daily. Note that these establishments do not have live music in the outdoor dining area. Add a fourth musician PLN-15-00240 proposes to increase the number of musicians from three (3) to four (4). Under the previously approved PLN-15-00061, the three-man band will play table-side songs to the patrons inside the restaurant and on the outdoor dining area. At the May 20, 2015 public hearing, the Planning Commissioners concurred that a three-man band is appropriate for the location and the size of the building. The submitted plans indicated a 495 square feet customer area inside the restaurant and a 486 square feet customer area in the outdoor dining patio. With minimal space for patrons and the presence of the servers, all four musicians may find it difficult to maneuver between tables to perform their songs. Moreover, staff finds that the maximum occupancy load in the outdoor patio at the subject restaurant is 32 persons. The 2013 California Building Code Section 1004 allows one person per an occupant load factor of 15 per net floor area for the non-fixed tables and chairs. By that standard and based on the ratio of 486 square feet of floor area per 15 persons, the outdoor patio can accommodate up to 32 persons. With the existing 12 tables and 48 chairs (4 chairs per table) in the outdoor dining area, staff believes the outdoor patio area exceeds the maximum occupancy load allowed by the Building Code already. It is staff’s opinion that allowing the additional musician in the Agenda Page 3 PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 4 outdoor patio area is in violation of the Building Code for occupancy load. The Downey Police Department also expressed that increasing the number of musicians may lead to increased noise volume and that noise radiating from the establishment onto busy Firestone Boulevard and potentially create a distraction to nearby residents and businesses. Amplified music The Applicant proposes to have amplified music as part of live entertainment activities at the restaurant. In reviewing the request, staff recognizes that noise issues represent the greatest complaint about the business. On January 7, 2016, the Planning Division received a complaint about excessive noise at the subject site. In January 2016, the Downey Police Department received a separate complaint due to loud music from the restaurant. In evaluating the request for amplified music, staff considered the Police Department calls for service at Mariscos Choix Restaurant. A review of the call history at this location for the nine months since the last public hearing on this subject, May 20, 2015, through February 24, 2016, showed the Downey Police Department received eight (8) calls for service. Among these calls was one assault, two fights, one theft, one disturbance and three calls for loud music. The Downey Police Department stated that in the two months after a Police Entertainment Permit was issued on December 7, 2015 for Mariscos Choix Restaurant, it received two complaints about loud music at the subject business. For Mariscos Choix, the Police Department requests that the Applicant operates his business for at least 12 months from the date the Police Department issued an Entertainment Permit in December 2015, to allow the Police Department more time to evaluate and determine the effectiveness of its provisions. To address the Downey Police Department concerns, to ensure compliance with the conditions of approval, and to monitor potential impacts created by operation of the business, staff is recommending a condition of approval that requires a 12-month review of this Conditional Use Permit. Should staff find that the Applicant is in compliance with the approval and the operation of the business is not impacting the neighbors, staff will provide an update memorandum to the Planning Commission. However, should staff find that the Applicant is not adhering to the conditions of approval, or that the continued operation of the business impacts the neighbors, staff will schedule a public hearing to allow the Planning Commission to consider modifying the conditions of approval. Notwithstanding the 12-month review, Municipal Code Section 9828 allows staff to bring the Conditional Use Permit back to the Planning Commission if the Director of Community Development finds that there are reasonable grounds for revocation or modification of the Conditional Use Permit. Cover charge by business The Applicant proposes to modify Condition No. 4 that reads “There shall be no cover charge for admission to the business” in order to allow him to charge his customers an admission fee during pay-per-view sporting events. Staff recognizes the applicant’s desire to increase revenue. A study of the surrounding businesses indicated that restaurants that charge a cover fee later in the evening (usually after 9:00 p.m.) or during pay-per-view sporting events do not create more of an impact than restaurants who do not charge a cover fee. Therefore, staff supports the Applicant’s request to charge an admission fee to enter the business during pay- per-view sporting events. However, the applicant cannot charge an admission fee at any other time. In revising conditions of approval, staff recommends that Condition No. 4 of Resolution Agenda Page 4 PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 5 No. 15-2920 (PLN-15-00061) be removed and in its place, the new conditions will read as follows: Condition No. 1: The Approval of this conditional use permit (PLN-15-00240) modifies the previously approved conditions of approval for Mariscos Choix Restaurant (PLN-15-00061) authorizing the use of amplified music and allowing the business to charge an admission fee to enter the business during pay- per-view sporting events. There shall be no cover charge at any other time. Also, this approval allows the business to operate with live entertainment in the form of three (3) acoustical musicians and allows the operation of an ABC Type 41 (On-Sale Beer & Wine, Eating Place) alcohol license, on property located at 8104 Firestone Boulevard in Downey. Condition No. 4: During pay-per-view sporting events, the applicant/business owner shall install and use a “curtain-like” barrier around the windows and in the outdoor dining area to prevent televisions being visible from outside of the restaurant. It is important to note that similar businesses in the downtown (i.e. Lock and Key, Downey Brewing Company, and Joseph’s Bar & Grill) that operate with an alcoholic beverage control license, have been permitted to charge cover fees during pay-per-view sporting events. DEVELOPMENT REVIEW COMMITTEE It should be noted that staff did not present the applicant’s request to revise the conditional use permit to the City’s Development Review Committee for their consideration because the proposal does not involve expansion or structural modifications to the building. However, staff conducted several meetings with Police Department personnel to address their concerns. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff determined that 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 no or negligible expansion of the existing use. It is staff’s opinion that the proposed Conditional Use Permit revisions at an existing restaurant are considered a negligible expansion of the use; thereby qualifying for the Class 1 exemption. FINDINGS Pursuant to Municipal Code Section 9824.06, the Planning Commission must adopt four (4) findings prior to approving a conditional use permit. Staff has reviewed the proposal and has developed the following findings regarding PLN-15-00240: 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. Agenda Page 5 PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 6 The request to revise the conditions of approval for Mariscos Choix Restaurant involves the Applicant’s request to: 1) allow live music in the outdoor dining area to begin at 4:00 p.m. Thursdays and Fridays only; 2) allow amplified music; 3) increase the number of musicians from three to four; and 4) allow the business to charge an admission fee to enter the business during pay-per-view sporting events. a. Hours of live entertainment – The proposal to begin live entertainment in the outdoor patio at 4:00 p.m. will adversely affect the general welfare of those working, residing, and visiting the vicinity. A survey of the surrounding businesses indicated most are closed between 5:00 p.m. and 6:00 p.m. Monday through Friday. Police Department concerns that allowing live music at 4:00 p.m. in the outdoor patio may create a distraction to those operate during their normal business hours. In addition, allowing live music to begin at 4:00 p.m. is not consistent with other similar businesses in the Downtown Firestone Boulevard Gateway. b. Add a fourth musician –The applicant’s desire to add a fourth musician will adversely affect the purpose and intent of the Building Code, or the public convenience or general welfare of persons residing or working in the neighborhood nearby because the proposed use will exceed the maximum occupancy load at 32 persons in the outdoor patio area. Based on the ratio of 486 square feet of floor area per 15 persons, the existing 12 tables and 48 chairs (4 chairs per table) in the outdoor dining area already exceeds the maximum occupancy load allowed by the Building Code. c. Amplified music and cover charge by business – The applicant’s desire to use amplified music, to add a fourth musician, and to impose a cover charge will not adversely affect the purpose and intent of the Downey Municipal Code, or the public convenience or general welfare of persons residing or working in the neighborhood nearby because the proposed use is compatible with the development patterns in the area, it is an appropriate use of land in the DDSP –Firestone Boulevard Gateway District. The subject site and adjacent properties are developed as commercial uses and service the immediate neighborhood already. The subject site has a General Plan Land Use Designation of MU (Mixed Use), which is being implemented by the DDSP. The Firestone Boulevard Gateway is intended to create a lively area consisting of high intensity development with retails, offices, sport bars, night clubs, and residential space. The project PLN-15-00240 proposes is in accordance with the purpose and objectives of the DDSP – Firestone Boulevard Gateway. Approving the request will provide an additional convenience to patrons of the business who wish to enjoy live music and the pay-per-view sporting events that other businesses don’t offer. Also, the requested use will make the business more harmonious with the surrounding uses, being that conditions of approval have been incorporated to avoid impacts to surrounding properties and will not be a burden onto others. 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 6 PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 7 a. Hours of live entertainment – The request to begin live entertainment in the outdoor patio at 4:00 p.m. area will adversely affect the adjoining land uses because other businesses in the immediate vicinity are still in operation. Allowing live music in the outdoor dining area at 4:00 p.m. will create a nuisance to other businesses operating during these hours. In addition, allowing live music to begin at 4:00 p.m. is not consistent with other similar businesses in the Downtown area, especially along the Firestone Boulevard corridor. b. Add a fourth musician – The request to add another musician to the previously approved three-man band will adversely affect the adjoining land uses because it will increase the noise volume and that noise radiating from the establishment onto busy Firestone Boulevard and potentially create a distraction to nearby residents and businesses. Recently, the Downey Police Department received several complaints about loud noise at the subject business. c. Amplified music and allow cover charge by business – The request to revise the conditions of approval to allow the business to charge an admission fee to enter the business during pay-per-view sporting events will not adversely affect the adjoining land uses because the proposed use generally conforms to its DDSP zone development standards. With the recommended condition that requires the use of a curtain in the outdoor dining area during pay-per-view sporting events to prevent televisions being visible from outside of the restaurant, staff believes the proposed request will mitigate any potential impacts and will not be a burden onto others. 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. a. Add a fourth musician – The site is inadequate in size to satisfy the applicant’s request to add a fourth musician because the existing 495 square feet customer area inside the restaurant and 486 square feet customer area in the outdoor patio are too small to accommodate such use. With minimal space for patrons and the presence of the servers in the outdoor patio area, staff believes all four musicians will find it difficult to maneuver between tables to play songs. Also, as mentioned earlier, the current seating in the patio area has exceeded the maximum occupancy load of 32 persons as allowed by the Building Code b. Hours of live entertainment, amplified music, and cover charge by business – The size and shape of the subject property are generally adequate to allow for the applicant’s request to allow live music at 4:00 p.m. in the patio area, to add amplified music, and to charge his customers an admission fee to enter the business during pay-per-view sporting event because the recent remodel to Marisco Choix business was designed to accommodate this use, in a manner not detrimental to the area since the requested use does not include further expansion of the existing building. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Agenda Page 7 PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 8 Hours of live entertainment, add amplified music, add a fourth musician, and allow cover charge by business – The applicant’s request will not impose an undue burden upon streets and highways in the area because the restaurant has been in operation for many years. Also, the site is near the core area of Downtown Downey, with arterial access being provided from Firestone Boulevard and/or Paramount Boulevard. The City has reviewed the proposal and any potential increase in traffic caused by operation of the business. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that the business might generate. CORRESPONDENCE As of the date that this report was printed, staff had not received any correspondence regarding this matter. CONCLUSION As noted in the discussion above, staff is able to support part of the requested modification. Nonetheless, staff is concerned that increasing the number of musician and allowing live music at 4:00 p.m. will create an adverse impact to the area. Based on the findings contained in this report, staff recommends that the Planning Commission approve PLN-15-00240 (Revision “A” to PLN-15-00061 Conditional Use Permit), to allow the business to use amplified music and to charge an admission fee to enter the business during pay-per-view sporting events. Additionally, staff recommends that the Planning Commission deny the request to: 1) allow live music in the outdoor dining area to begin at 4:00 p.m. Thursdays and Fridays; and 2) increase the number of musicians from three (3) to four (4). EXHIBITS A. Vicinity Map & Site Plan B. Aerial Photograph & Zoning Map C. Draft Resolutions D. Resolution No. 15-2920 (PLN-15-00061) E. Minute Excerpt from May 20, 2015 Planning Commission meeting F. Letter from the Applicant dated January 21, 2016 Agenda Page 8 PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 9 Exhibit ‘A’ PROJECT LOCATION SITE PLAN Agenda Page 9 PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 10 Exhibit ‘B’ AERIAL PHOTOGRAPH ZONING MAP Subject Business Subject Property Agenda Page 10 RESOLUTION NO. 16-___ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. PLN-15-00240 (REVISION ‘A’ TO PLN-15-00061), TO ALLOW AMPLIFIED MUSIC AT AN EXISTING RESTAURANT AND TO ALLOW THE BUSINESS TO CHARGE AN ADMISSION FEE TO ENTER THE BUSINESS DURING PAY-PER-VIEW SPORTING EVENTS, ON PROPERTY LOCATED AT 8104 FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) 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 May 20, 2015, the Planning Commission adopted Resolution No. 15-2920 for PLN-15-00061 (conditional use permit), to allow live entertainment in the form of a three-man acoustical band, and the operation of a Type 41 (On-Sale Beer & Wine, Eating Place) license, on property located at 8104 Firestone Boulevard, Downey; and, B. On December 7, 2015, a Land Use Application was filed by Raul Gonzalez to obtain the Planning Commission’s approval of PLN-15-00240, a request to amend the previously-approved conditions of approval to: 1) allow live music in the outdoor dining area to begin at 4:00 p.m. (instead of 6:00 p.m.), Thursdays and Fridays only; 2) allow amplified music; 3) increase the number of musicians to entertain in the business from three to four; and 4) allow the business to charge an admission fee to enter the business during pay-per-view sporting events at Mariscos Choix Restaurant; and, C. The subject properties are zoned Downtown Downey Specific Plan (DDSP); and, D. The General Plan designation of the subject property is Mixed Use (MU); and, E. Staff found this application to be complete on February 2, 2016 and scheduled it for the regularly scheduled Planning Commission meeting of February 17, 2016; and, F. On February 3, 2016, 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, G. On February 17, 2016, the regular meeting of the Planning Commission was cancelled. A notice of adjournment for the pending public hearing was posted at Downey City Hall, Downey City Library, and Barbara J. Riley Senior Center; and, H. Following this postponement, on February 19, 2016, a notice of continuance of public hearing for PLN-15-00240 was sent to the applicant (Mr. Gonzalez); and, Agenda Page 11 Resolution No. 16-____ Downey Planning Commission PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 2 I. On March 3, 2016, 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, J. The Planning Commission held a duly noticed public hearing on March 17, 2016 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. 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. 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 request to revise the conditions of approval for Mariscos Choix Restaurant involves the Applicant’s request to: 1) allow live music in the outdoor dining area to begin at 4:00 p.m. Thursdays and Fridays only; 2) allow amplified music; 3) increase the number of musicians from three to four; and 4) allow the business to charge an admission fee to enter the business during pay-per-view sporting events. Amplified music and cover charge by business – The applicant’s desire to use amplified music, to add a fourth musician, and to impose a cover charge will not adversely affect the purpose and intent of the Downey Municipal Code, or the public convenience or general welfare of persons residing or working in the neighborhood nearby because the proposed use is compatible with the development patterns in the area, it is an appropriate use of land in the DDSP – Firestone Boulevard Gateway District. The subject site and adjacent properties are developed as commercial uses and service the immediate neighborhood already. The subject site has a General Plan Land Use Designation of MU (Mixed Use), which is being implemented by the DDSP. The Firestone Boulevard Gateway is intended to create a lively area consisting of high intensity development with retails, offices, sport bars, night clubs, and residential space. The project PLN- 15-00240 proposes is in accordance with the purpose and objectives of the DDSP – Firestone Boulevard Gateway. Approving the request will provide an additional convenience to patrons of the business who wish to enjoy live music and the pay-per-view sporting events that other businesses don’t offer. Also, the requested use will make the business more harmonious with the surrounding uses, being that conditions of approval have been incorporated to avoid impacts to surrounding properties and will not be a burden onto others. B. 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 12 Resolution No. 16-____ Downey Planning Commission PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 3 Amplified music and allow cover charge by business – The request to revise the conditions of approval to allow the business to charge an admission fee to enter the business during pay-per-view sporting events will not adversely affect the adjoining land uses because the proposed use generally conforms to its DDSP zone development standards. With the recommended condition that requires the use of a curtain in the outdoor dining area during pay-per-view sporting events to prevent televisions being visible from outside of the restaurant, staff believes the proposed request will mitigate any potential impacts and will not be a burden onto others. C. 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. Hours of live entertainment, amplified music, and cover charge by business – The size and shape of the subject property are generally adequate to allow for the applicant’s request to allow live music at 4:00 p.m. in the patio area, to add amplified music, and to charge his customers an admission fee to enter the business during pay-per-view sporting event because the recent remodel to Marisco Choix business was designed to accommodate this use, in a manner not detrimental to the area since the requested use does not include further expansion of the existing building. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Hours of live entertainment, add amplified music, add a fourth musician, and allow cover charge by business – The applicant’s request will not impose an undue burden upon streets and highways in the area because the restaurant has been in operation for many years. Also, the site is near the core area of Downtown Downey, with arterial access being provided from Firestone Boulevard and/or Paramount Boulevard. The City has reviewed the proposal and any potential increase in traffic caused by operation of the business. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that the business might generate. 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 denies PLN-15-00240, 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. Agenda Page 13 Resolution No. 16-____ Downey Planning Commission PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 4 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of March 2016. Matias Flores, 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 March 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 14 Resolution No. 16-____ Downey Planning Commission PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 5 PLN-15-00240 (REVISION ‘A’ TO PLN-15-00061, CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) Approval of this conditional use permit (PLN-15-00240) modifies the previously approved conditions of approval for Mariscos Choix Restaurant (PLN-15-00061) authorizing the use of amplified music and allowing the business to charge an admission fee to enter the business during pay-per-view sporting events. There shall be no cover charge at any other time. Also, this approval allows the business to operate with live entertainment in the form of three (3) acoustical musicians and allows the operation of an ABC Type 41 (On-Sale Beer & Wine, Eating Place) alcohol license, on property located at 8104 Firestone Boulevard in Downey. 2) The permitted hours of operation of the business are 10:00 a.m. to 2:00 a.m. daily. 3) Hours of operation for the live entertainment are as follows: Location Monday Tuesday Wednesday Thursday Friday Saturday Sunday Inside Restaurant 11 a.m. - 11 p.m. 11 a.m. - 1 a.m. Outdoor Dining Area 6 p.m. - 11 p.m. 6 p.m. - 1 a.m. 11 a.m. - 1 a.m. 4) During pay-per-view sporting events, the applicant/business owner shall install and use a “curtain-like” barrier around the windows and in the outdoor dining area to prevent televisions being visible from outside of the restaurant. 5) The Director of Community Development shall conduct a review of this PLN-15-00240 (Conditional Use Permit) 12 months after adoption of this resolution to determine the applicant’s compliance with the conditions of approval, and at which time, the Director will provide an update memorandum to the Planning Commission. If necessary, the Director may schedule a public hearing, to allow the Planning Commission to consider modifying the conditions, to require an additional review period, to allow the use to operate in perpetuity, or to begin revocation proceedings. 6) All conditions of approval set forth in Conditional Use Permit No. PLN-15-00061 shall remain in force and in full effect. Deviations or exceptions from said approval shall not be permitted without the approval of the City Planning Commission. 7) 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. 8) 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 Agenda Page 15 Resolution No. 16-____ Downey Planning Commission PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 6 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. 9) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 10) 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. 11) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. Should any noise complaints be formally submitted to the Police Department/ Code Enforcement, the Applicant/Owner shall be responsible to hire a noise consultant to measure the dBA during a live entertainment use, and provide the evidence to the Director of Community Development. POLICE 12) The applicant shall obtain a revision to the current Police Permit for any changes to the live entertainment as authorized by this conditional use permit. Additionally, the applicant must provide the Planning Division a copy of said Police Permit within 30 days of issuance. Agenda Page 16 RESOLUTION NO. 16-___ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY, PLN-15-00240 (REVISION ‘A’ TO PLN-15-00061, CONDITIONAL USE PERMIT), DENYING A REQUEST TO BEGIN LIVE MUSIC AT 4:00 P.M. IN THE OUTDOOR DINING AREA AND DENYING A REQUEST TO ALLOW A FOURTH MUSICIAN, AT AN EXISTING RESTAURANT, ON PROPERTY LOCATED AT 8104 FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) 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 May 20, 2015, the Planning Commission adopted Resolution No. 15-2920 for PLN-15-00061 (conditional use permit), to allow live entertainment in the form of a three-man acoustical band, and the operation of a Type 41 (On-Sale Beer & Wine, Eating Place) license, on property located at 8104 Firestone Blvd, Downey; and, B. On December 7, 2015, a Land Use Application was filed by Raul Gonzalez to obtain the Planning Commission’s approval of PLN-15-00240, a request to amend the previously-approved conditions of approval to: 1) allow live music in the outdoor dining area to begin at 4:00 p.m. (instead of 6:00 p.m.), Thursdays and Fridays only; 2) allow amplified music; 3) increase the number of musicians to entertain in the business from three to four; and 4) allow the business to charge an admission fee to enter the business during pay-per-view sporting events at Mariscos Choix Restaurant; and, C. The subject properties are zoned Downtown Downey Specific Plan (DDSP); and, D. The General Plan designation of the subject property is Mixed Use (MU); and, E. Staff found this application to be complete on February 2, 2016 and scheduled it for the regularly scheduled Planning Commission meeting of February 17, 2016; and, F. On February 3, 2016, 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, G. On February 17, 2016, the regular meeting of the Planning Commission was cancelled. A notice of adjournment for the pending public hearing was posted at Downey City Hall, Downey City Library, and Barbara J. Riley Senior Center; and, H. Following this postponement, on February 19, 2016, a notice of continuance of public hearing for PLN-15-00240 was sent to the applicant (Mr. Gonzalez); and, I. On March 3, 2016, 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, Agenda Page 17 Resolution No. 16-____ Downey Planning Commission PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 2 J. The Planning Commission held a duly noticed public hearing on March 17, 2016 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. 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. 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 request to revise the conditions of approval for Mariscos Choix Restaurant involves the Applicant’s request to: 1) allow live music in the outdoor dining area to begin at 4:00 p.m. Thursdays and Fridays only; 2) allow amplified music; 3) increase the number of musicians from three to four; and 4) allow the business to charge an admission fee to enter the business during pay-per-view sporting events. 1. Hours of live entertainment – The proposal to begin live entertainment in the outdoor patio at 4:00 p.m. will adversely affect the general welfare of those working, residing, and visiting the vicinity. A survey of the surrounding businesses indicated most are closed between 5:00 p.m. and 6:00 p.m. Monday through Friday. Police Department concerns that allowing live music at 4:00 p.m. in the outdoor patio may create a distraction to those operate during their normal business hours. In addition, allowing live music to begin at 4:00 p.m. is not consistent with other similar businesses in the Downtown Firestone Boulevard Gateway. 2. Add a fourth musician –The applicant’s desire to add a fourth musician will adversely affect the purpose and intent of the Building Code, or the public convenience or general welfare of persons residing or working in the neighborhood nearby because the proposed use will exceed the maximum occupancy load at 32 persons in the outdoor patio area. Based on the ratio of 486 square feet of floor area per 15 persons, the existing 12 tables and 48 chairs (4 chairs per table) in the outdoor dining area already exceeds the maximum occupancy load allowed by the Building Code. B. 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. 1. Hours of live entertainment – The request to begin live entertainment in the outdoor patio at 4:00 p.m. area will adversely affect the adjoining land uses because other businesses in the immediate vicinity are still in operation. Allowing live music in the outdoor dining area at 4:00 p.m. will create a nuisance to other businesses operating during these hours. In addition, allowing live music to begin at 4:00 p.m. is not consistent with other similar Agenda Page 18 Resolution No. 16-____ Downey Planning Commission PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 3 businesses in the Downtown area, especially along the Firestone Boulevard corridor. 2. Add a fourth musician – The request to add another musician to the previously approved three-man band will adversely affect the adjoining land uses because it will increase the noise volume and that noise radiating from the establishment onto busy Firestone Boulevard and potentially create a distraction to nearby residents and businesses. Recently, the Downey Police Department received several complaints about loud noise at the subject business. C. 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. Add a fourth musician – The site is inadequate in size to satisfy the applicant’s request to add a fourth musician because the existing 495 square feet customer area inside the restaurant and 486 square feet customer area in the outdoor patio are too small to accommodate such use. With minimal space for patrons and the presence of the servers in the outdoor patio area, staff believes all four musicians will find it difficult to maneuver between tables to play songs. Also, as mentioned earlier, the current seating in the patio area has exceeded the maximum occupancy load of 32 persons as allowed by the Building Code. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Hours of live entertainment, add amplified music, add a fourth musician, and allow cover charge by business – The applicant’s request will not impose an undue burden upon streets and highways in the area because the restaurant has been in operation for many years. Also, the site is near the core area of Downtown Downey, with arterial access being provided from Firestone Boulevard and/or Paramount Boulevard. The City has reviewed the proposal and any potential increase in traffic caused by operation of the business. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that the business might generate. 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 denies PLN-15-00240, 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. Agenda Page 19 Resolution No. 16-____ Downey Planning Commission PLN-15-00240 – 8104 Firestone Blvd March 16, 2016 - Page 4 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of March 2016. Matias Flores, 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 March 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 20 RESOLUTION 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 Agenda Page 21 Resolution No. 15-2920 Downey Planning Commission PLN 15-00061 – 8104 Firestone Blvd May 20, 2015 - Page 2 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. Agenda Page 22 Resolution No. 15-2920 Downey Planning Commission PLN 15-00061 – 8104 Firestone Blvd May 20, 2015 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of May 2015. Originally signed by Hector Lujan 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 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 Originally signed Mary Cavanagh Mary Cavanagh, Secretary City Planning Commission Agenda Page 23 Resolution No. 15-2920 Downey Planning Commission PLN 15-00061 – 8104 Firestone Blvd May 20, 2015 - Page 4 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 Agenda Page 24 Resolution No. 15-2920 Downey Planning Commission PLN 15-00061 – 8104 Firestone Blvd May 20, 2015 - Page 5 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. Agenda Page 25 Resolution No. 15-2920 Downey Planning Commission PLN 15-00061 – 8104 Firestone Blvd May 20, 2015 - Page 6 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. Agenda Page 26 MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MAY 20, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the May 20, 2015, Regular Meeting of the Planning Commission to order at 6:33 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Patrick Owens, District 2 Louis Morales, District 3 Matias Flores, District 4, Vice Chairman Jim Rodríguez, District 5 Hector Lujan, District 1, Chairman COMMISSIONERS ABSENT: None. OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Michelle Molko, Special Counsel for the City Edwin Norris, Deputy Director of Public Works William E. Davis, City Planner David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Commissioner Morales commented on his attendance of the Contracted Cities Conference. PRESENTATIONS: None. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN-15-00061 (Conditional Use Permit): Chairman Lujan opened the public hearing for PLN-15- 00061, and Ms. Cavanagh affirmed proof of publication. Vice Chairman Flores arrived at 6:35 p.m. Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request by an existing restaurant (Mariscos Choix) located at 8104 Firestone Blvd, operating with a type 41 (On-Sale Beer & Wine) Alcoholic Beverage Control license, to include live entertainment (a three-man band aka “Trio”). Mr. Nguyen explained that the three acoustical musicians will walk around inside the restaurant and the outdoor patio dining area playing songs without the use of amplified speakers or microphones. Mr. Nguyen stated that the property is located on the southeast corner of Firestone Blvd. and Myrtle St., in the Downtown area. He reviewed the surrounding uses, which included commercial uses and a vacant building next door to the west. Agenda Page 27 Planning Commission Minutes May 20, 2015 - 2 - The proposed hours of operation for live entertainment 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. Mr. Nguyen stated staff has considered the potential for noise impacts with the hours as proposed for live entertainment; therefore, staff added the following condition to address any potential noise impacts: • Outdoor dining area: live music to begin at 6:00 p.m. Monday through Friday. Mr. Nguyen concluded his report by saying that based on the findings contained in the staff report, staff is recommending approval of the request for live entertainment, subject to the conditions of approval. Commissioner Rodriguez inquired as to the location of the restrooms, to which Mr. Nguyen stated that they are shared with the vacant building to the west joined by a common hallway. Applicant Raul Gonzalez, 8104 Firestone Blvd., explained that the trio consists of three acoustical musicians playing instruments strolling through the restaurant and patio. There will be no dance floor, microphones, stage or amplified music. The musicians are there to create a livelier atmosphere for the restaurant and the downtown area. Chairman Lujan asked if there were TV’s on the outdoor patio, to which Mr. Gonzalez replied yes; however, they do not have sound. Vice Chairman Flores asked Mr. Gonzalez if he agreed to the condition to modify the hours for live entertainment, to which Mr. Gonzalez affirmed his agreement. Chairman Lujan closed the public hearing. The Commissioners thanked staff for a nice straightforward presentation and said that the location needed more energy and the project was conditioned well. They commended the applicant for the improvements that he has made to the location and believe that the music will create a good vibe for the foot traffic and wished the applicant success. It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a vote of 5-0, to adopt Resolution 15-2920, thereby approving the request for a conditional use permit (PLN-15-00061). 2. PLN-15-00079 (Special Event Permit): Chairman Lujan opened the public hearing for PLN-15- 00079, and Ms. Cavanagh affirmed proof of publication. City Planner William Davis gave a brief PowerPoint presentation of the request for a special event permit by the Greek Orthodox Church, located at 10830-10846 Downey Ave, and zoned Downtown Downey Specific Plan. Mr. Davis stated that this is an annual event that has been taking place in Downey since 1984. The church will conduct their annual two-day Greek Festival on Saturday and Sunday, June 6 and 7, from 11:00 a.m. to 10:00 p.m. in the parking lot of the church. Mr. Davis stated that the church is surrounded by residential uses within the Downtown Specific Plan area. As in previous years, the church has submitted letters of permission from the Downey United Methodist Agenda Page 28 Planning Commission Minutes May 20, 2015 - 3 - Church and First Baptist Church to utilize their parking lots on both days, which will provide over 180 parking spaces. Mr. Davis reviewed the site plan, which included a kid’s zone, various food booths, a stage with live music and a beer & wine garden that is quarantined, with ample security for the event. Mr. Davis said that this is a fundraiser for the church, a positive event that participants look forward to every year, and one that staff always supports. As such staff is recommending approval of the request for a special event permit. The applicant was not present to address the Planning Commission. The Commissioners reviewed the conditions regarding security with staff and asked how the event affects the Farmers Market on Saturdays. Director of Community Development Aldo Schindler responded by saying that he hasn’t heard of any conflicts; both seem to run status quo. Chairman Lujan closed the public hearing. The Commissioners congratulated the church on the 31 years for the event and called it one of their favorite events. They said that there is a lot of energy with the event and the Farmer’s Market running together and commented that they seem to feed off of each other; the security is good and it has great food, great music and is a great time. It was moved by Commissioner Rodriguez, seconded by Commissioner Owens, and passed by a 5-0 vote, to adopt Resolution No. 15-2921, to approve the request for a Special Event Permit (PLN-15- 00079). 3. PLN-14-00239 (Mitigated Negative Declaration, Site Plan Review and Conditional Use Permit): Chairman Lujan opened the public hearing for PLN-14-00239, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal distributed the materials board to the Commissioners for review and gave a PowerPoint presentation for the proposed retail use at 9516 Lakewood Blvd. described as The Commons at Gallatin Road. Mr. Blumenthal reviewed the surrounding commercial and residential uses, zoning, and the characteristics of the property under its previous use as a Ford dealership constructed in 1959. The applicant is proposing to demolish the existing building and develop a new commercial development: a 12,000 sq. ft. restaurant; a 6,000 sq. ft. building; 4,000 sq. ft. outdoor common dining area; a drive-thru lane for one tenant with the ability to cue up to 11 cars; and distributed parking throughout the site. Mr. Blumenthal reviewed the contemporary design with a tower and wainscot, stucco finish, stone veneer, with cornice along the roof and red fabric awnings over the windows. Mr. Blumenthal commented that there will be a lot of windows to energize the site. An architectural peer review was performed by Studio 111; they were pleased with proposed renderings of the building, and commented that the trees with the outdoor seating gives a home feel to it. Their only suggestions were minor changes to landscaping, suggesting the use of privet hedges as screening walls. The landscape plans include two types of trees that can reach up to 30’ foot growth at maturity, with a canopy that can be trimmed and cleaned. The majority of the landscaping is drought tolerant with mitigated measures to use recycled water. Commissioner Rodriguez inquired about the trash enclosure, to which Mr. Blumenthal responded by saying that it is a standard trash enclosure with an arched roof for storm water run-off to match to building design. Agenda Page 29 Planning Commission Minutes May 20, 2015 - 4 - Mr. Blumenthal reviewed the m itigation measures to control utilities air quality, and noise. Although the City Code allows construction activity seven (7) days a week from 7:00 a.m. to 9:00 p.m., staff has placed a condition that the hours of construction shall be Monday through Friday from 7:00 a.m. to 7:00 p.m., and Saturday from 8:00 a.m. to 5:00 p.m., with no construction on Sundays. Commissioner Rodriguez asked if the trucks were not allowed to remain idling only during construction or at all times, to which Mr. Blumenthal clarified that it is at all times; although refrigeration trucks must keep the refrigeration portion on. Applicant Mathew Rodman, Furst Enterprises, 8955 National Blvd., Los Angeles, stated that he is very excited about this project that has been a labor of love. He said that he has worked together with the Planning Department to make it beautiful and is providing more than what is required by the City. Vice Chairman Flores asked Mr. Rodman why the buildings are located further away from the street, to which Mr. Rodman explained that most retailers prefer the parking upfront so that customers can see that parking is available; if there is no visible parking, the customers interpret it as there is no parking and continue on. Mr. Rodman stated that they also own the Ralph’s shopping center across the street and are nearing completion of the McDonalds at that location. Vice Chairman Flores commented that as you travel on Lakewood Blvd, the project will show more concrete and he would prefer to see the buildings. Mr. Rodman stated that moving the buildings closer to the street will not give the restaurant the opportunity to do well and there will be a lot of landscape to hide the asphalt. Commissioner Rodriguez asked for an awning to be placed over the drive-thru lane, to which Mr. Rodman stated that it was not proposed, but there could be a small awning to tie into the building. Vice Chairman Flores asked Mr. Rodman if they had prospective tenants, to which he replied, yes; however, it is policy not to discuss them until terms are finalized. Commissioner Rodriguez asked is there are any challenges with the proposed drive-thru window exiting Lakewood Blvd, to which Mr. Rodman replied that the radius is ample, and comfortable upon exiting; both driveways exiting Lakewood Blvd. are right-turn only. Commissioner Owens asked if there is any conflict with McDonald’s being located on the opposite side of the street, to which Mr. Blumenthal stated that the Traffic Engineer was okay with the design. Mr. Blumenthal stated that there has been no written correspondence regarding this project; however, he did speak to someone at the counter. Dolores Thompson, 8540 Raviller Drive, stated that the business coming into Downey is good; however, she is concerned that the already congested traffic that occurs traveling east on Gallatin Road will be increased with this new development, especially at the intersection of Lakewood Blvd. and Gallatin Road. Mrs. Thompson explained how the traffic backs up due to the school and other uses at the intersection with only one left turn lane and the difficulties heading east on Gallatin Rd. with drivers turning left to go to McDonalds. Agenda Page 30 Planning Commission Minutes May 20, 2015 - 5 - Mr. Blumenthal McDonald’s has been remodeled to relieve some of the congestion by adding two drive-thru lanes and order board. The drive-thru at the new development should not impact the intersection as it will have a cueing capacity to hold 11 cars. This will relieve the eastbound traffic. There will also be a new left turn late to turn into McDonald’s and should be done in the next few weeks. Chairman Lujan stated that his lives near a school and works for a school, and commented that no matter what you do, there will always be traffic around schools. Mr. Blumenthal explained will be further changes to relieve traffic such as doubling left turn lanes onto Lakewood Blvd. and a three-phase traffic signal. Randy Thompson, 8540 Raviller Drive, stated that the traffic is already congested with the new townhomes and the school, and with this new development and rumors of a Golden Corral, it will need a lot of parking and believes the drive-thru to be inadequate. Mr. Blumenthal stated that the three phase signal and the timing of each phase would help, to which Mr. Thom pson said that he did not agree and gave examples of current morning traffic congestion and gave an example of what he called a poorly designed drive-thru Starbucks at Lakewood and Florence Ave. Mr. Rodman responded by saying that the project is supplying more parking than what is required and more space in the drive-thru lane also. The benefits of owning three of the four corners of the intersection is that they can make improvements that will benefit all corners of the intersection and it will also benefit the community as well. He noted that most of the traffic from the school will occur before the restaurant traffic. Chairman Lujan closed the public hearing. Mr. Blumenthal stated that based on the findings in the staff report, staff is recommending adoption of the Mitigated Negative Declaration and approval of the Conditional Use Permit and Site Plan Review. Vice Chairman Flores commented that aesthetically, he prefers to have the buildings to be closer to the street; however, he is satisfied with the applicant’s explanation. He said that he lives in the area, travels that intersection, and understands the congestion and he has already noticed improvements traveling on Lakewood Blvd. In response to the aforementioned Starbucks, he said, although it is difficult to get around in the parking lot, the drive-thru never backs out onto the street and he believes that the eastbound traffic on Gallatin will be mitigated by the proposed designs. Commissioner Morales asked when the intersection improvements will be completed, to which Mr. Blumenthal stated that they are tied into the project across the street. Commissioner Morales said that he the left turn movements into the Ralph’s Center will be problematic traveling south on Lakewood Blvd and he prefers that improvements are completed before the second project is done. Commissioner Rodriguez asked if barrier lines can be added to the 2nd driveway to redirect traffic away from the westerly driveway, to which Mr. Blumenthal stated that it has been done in other cities Agenda Page 31 Planning Commission Minutes May 20, 2015 - 6 - and there is nothing in the Code to prevent them from doing so and knowing this owner as he does, he believes that the owner would do something to address the issue. Commissioner Owens gave examples in the City of Pasadena where businesses have signs for people visiting not to block the intersection. Commissioner Rodriguez said that he is impressed by the project, he likes the setback of the building, landscaping, trees, lighting and the outdoor dining area are well designed; however, he is concerned with the right-turn movements exiting onto Lakewood Blvd. and asked for a stop sign at the exit and an awning above the drive-thru window. Director Schindler suggested a stop sign similar to that of Chik-Fil-A and metal awning at the drive-thru window for protection from the elements. Commissioner Morales asked if there was a sign program to which Mr. Blumenthal stated that there is a draft for one. Chairman Lujan thanked that the applicant and the neighbors for their attendance and comments. Mr. Blumenthal stated that the following conditions will be added as discussed and numbered in sequential order. 21) A metal awning shall be provided above the drive-thru pick-up window. 22) A stop sign and limit line shall be provided at the exit of the drive-thru lane. It was moved by Commissioner Rodriguez, seconded by Commissioner Morales and passed by a 5-0 vote, to adopt Resolution No. 15-2922, thereby adopting the Mitigated Negative Declaration and approving the Site Plan Review and Conditional Use Permit (PLN-14-00239) applications. 4. PLN-14-00240 (Mitigated Negative Declaration, Site Plan Review and Conditional Use Permit): Chairman Lujan opened the public hearing for PLN-14-00240, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal distributed the materials board to the Commissioners for review and gave a PowerPoint presentation for the proposed retail use described as the Downey Crossroads at 9515 Lakewood Blvd. Mr. Blumenthal stated that the site was previously a Lincoln Mercury dealership that closed in 2009 and has since remained vacant. The subject site consist of 57,000 sq. ft. of floor area, which the applicant proposes to demolish and renovate 29,000 sq. ft. of the existing building(s) for a proposed gym, while the remainder can be used for retail uses. The proposal includes a 3,000 sq. ft. restaurant. Mr. Blumenthal reviewed the project design, including the peer review. Commissioner Rodriguez asked why they chose the proposed colors (purple), to which Mr. Blumenthal explained that they are the corporate colors for Planet Fitness, and continued by reviewing the parking, landscaping, and mitigation measures regarding traffic. Vice Chairman Flores asked if both sites will be constructed at the same time, to which Mr. Blumenthal deferred the question to the applicant. Agenda Page 32 Planning Commission Minutes May 20, 2015 - 7 - Commissioner Rodriguez asked who pays for street lights and inquired as to traffic grade the intersection. Mr. Blumenthal advised that the applicant will pay for the traffic enhancements and reviewed the results of the traffic study that was done for the project. Deputy Director of Public Works Edwin Norris clarified that the left turn lanes do not reduce the traffic, they reduce the cueing. Applicant Mathew Rodman stated that he is pleased to have adaptive re-use of the site and discussed parking and landscaping in excess of Code requirements and peer review. There are no windows facing the residential neighbors to keep noise volumes to zero. They will begin traffic mitigation measures up front after receiving permits from the building department for both projects, which will occur concurrently with an estimated completion date of 2016. Commissioner Morales asked why the applicant chose to demolish a portion of the building and keep the remainder, to which Mr. Rodman explained that they reused the portion that was structurally sound and in excellent condition. The decision to split the buildings also encourages people visiting the gym to park on the Gallatin side of the parking lot. Mr. Blumenthal stated that there has been no correspondence regarding this project. Dolores and Randy Thompson, 8540 Raviller Drive, thanked the applicant for his sensitivity to the residential neighbors and drew staff’s attention to the curved wall at the rear of the project that abuts Raviller and Birchdale. Mrs. Thompson expressed her concerns that the height of the wall was low enough that people may park on the residential street and jump over the wall. Mr. Thompson said that the wall is 5’ 4’’ and there is not enough parking there for a gym. Mr. Blumenthal stated that the traffic study looked at the access/egress and did not reveal any concerns. Mr. Rodman advised the Thompson’s that he is willing to increase the height of the fence and provide additional landscape screening, per Downey Fire Department requirements. Chairman Lujan closed the public hearing. Mr. Blumenthal stated that based on the findings in the staff report, staff is recommending adoption of the Mitigated Negative Declaration and approval of the Conditional Use Permit and Site Plan Review. The Commissioners said that the project was well done, the Applicant did a good job in utilizing the existing buildings on site, thanked the applicant and appreciated the traffic issues being addressed, and thanked residents for their participation. It was moved by Commissioner Rodriguez, seconded by Commissioner Morales and passed by a 5-0 vote, to adopt Resolution No. 15-2923, thereby adopting the Mitigated Negative Declaration and approving the request(s) for a Site Plan Review and Conditional Use Permit (PLN-14-00240). NON-AGENDA PUBLIC COMMENTS: None. Agenda Page 33 Planning Commission Minutes May 20, 2015 - 8 - CONSENT CALENDAR ITEMS: 5. Approval of the Minutes from May 6, 2015 It was moved by Commissioner Morales, seconded by Vice Chairman Flores, and passed by a 5-0 vote, to approve the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: None. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 9:04 p.m., to Wednesday, June 3, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 3rd day of June, 2015. Originally signed by Hector Lujan Hector Lujan, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 3rd day of June, 2015, by the following vote: AYES: COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Originally signed by Mary Cavanagh Mary Cavanagh, Secretary City Planning Commission Agenda Page 34 ATTACHMENT “A” Proposed modify hours of live entertainment: • TO STIPULATE IN THE ACTUAL C.U.P. live entertainment is allowed on weekends in the patio area. (Note: prior debate about Planning commission allowing this) • Outdoor dining area: live music to begin at 4:00 p.m. INSTEAD OF 6P.M. ON THURSDAYS AND FRIDAYS ONLY, all other days to remain as previously allowed (The request to allow live entertainment in the outdoor dining area at 4p.m., an earlier time, is due to the daylight savings time, it becomes dark earlier in the day.) • Allow the use of small amplified speakers for the bajo sexto guitar, accordion and vocals of the singers. The purpose for this request is because of the traffic noise of Firestone Boulevard, it impedes our current situation. (SET PRECEDENT: "RESOLUTION PLN-15-00111) THEY ARE ALLOWED FULL AMPLIFIED MUSIC WITH DJ. WE ARE ONLY REQUESTING ONE MONITOR TO ALLOW OUR CUSTOMERS TO ENJOY THE LIVE ENTERTAINMENT) • We are also requesting to modify the number of musicians, from 3, to 4 musicians. In many cases, 3 musicians play actual instruments and it is the 4th musician that actually sings. . (SET PRECEDENT: "RESOLUTION PLN-15-00111) NO SET AMOUNT OF MUSICIANS HAS BEEN IMPOSED UPON THEM). IT IS NEAR IMPOSSIBLE TO ONLY LOOK FOR A 3 MAN BAND RATHER THAN 4 MAN BAND. WE WOULD BE ALLOWED TO CHOOSE FROM DIFFERENT TYPES OF BANDS, TRIOS AND MARIACHIS, RATHER THAN BEING FORCED TO LOOK FOR ONLY 3 MAN BANDS. NOTE: INITIALLY, CITY OF DOWNEY STAFF HAD CONCERNS THAT THE LIVE MUSIC IN THE OUTDOOR PATIO AREA OF MARISCOS CHOIX MAY IMPEDE NEIGHBORING BUSINESSES DURING NORMAL BUSINESS HOURS. SO IN ORDER TO MITIGATE THE POSSIBLE IMPEDIMENT, CITY STAFF REQUESTED THAT LIVE ENTERTAINMENT NOT BE ALLOWED BEFORE 6P.M. IN THE OUTDOOR DINING AREA. HOWEVER ON THE CONTRARY, OUR NEIGHBOORS LIKE THE VIBE AND CUSTOMER ATTRACITION WE BRING TO THEIR BUSINESSES. WE ARE RESPONSIBLE IN CONTRIBUTING TO THE INCREASE IN FOOT TRAFFIC THAT BRINGS CUSTOMERS TO LOCAL SHOPS WITHIN THE DOWNEY SPECIFIC PLAN. • We request the removal of planning condition "4". "THERE SHOULD BE NO COVER CHARGE FOR ADMISSION INTO BUSINESS". MARISCOS CHOIX PROVIDES EVERY MAJOR PAY PER VIEW (PPV) FIGHT TO ITS PATRONS. FOR ALL UFC AND BOXING EVENTS, MARISCOS CHOIX PAYS ANYWHERE FROM $650.00 UP TO $3,000 U.S. DOLLARS TO ALLOW THEM THE SHOWING OF THESE EVENTS, PER EVENT. IN ORDER TO ALIVIATE THIS CHARGE FOR THE PPV SHOWING, MARISCOS CHOIX SHOULD BE ALLOWED TO CHARGE ITS PATRONS A FAIR FEE TO VIEW THE PPV EVENT AT ITS LOCATION. (SET PRECEDENT BEING THE DOWNEY BREWING COMPANY, WHICH IS ALLOWED TO CHARGE ITS CUSTOMERS FOR PAY PER VIEW EVENTS ONLY). Agenda Page 35