HomeMy WebLinkAboutPC Resolution 15-2948RESOLUTION NO. 15 -2948
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,
Resolution No. 15 -2948
Downey Planning Commission
G. On August 6, 2015, notice of the 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. On August 19, 2015, the Planning Commission opened the public hearing on
PLN -15- 00132, and after receiving public testimony, continued the public hearing
to September 16, 2015; and
On September 3, 2015, notice of the 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,
The Planning Commission held a duly noticed public hearing on September 16,
2015. Again, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, the Commission continued the
public hearing to a date uncertain; and
K. On October 8, 2015, notice of the pending public hearing on PLN -15 -00132 was
sent to all Downey property owners within 500 feet of the subject site and the
notice was published in the Downey Patriot; and,
L. The Planning Commission held a duly noticed public hearing on October 21,
2015, and after fully considering all oral and written testimony, facts, and opinions
offered at the aforementioned public hearing, the Commission hereby adopts
Resolution No. 15 -2948, 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
PLN -15 -00132 — 8237 -8239 Second St
October 21, 2015 - Page 2
Resolution No. 15 -2948
Downey Planning Commission
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
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 21St day of October 2015.
"Lan. rman
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 21St day of October
2015, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Morales and Rodriguez
ABSENT: COMMISSIONERS: Owens
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
Mary C5kanagh, Secret
City Planning Commission
PLN -15 -00132 — 8237 -8239 Second St
October 21, 2015 - Page 3
Resolution No. 15 -2948
Downey Planning Commission
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 LA Buns/ Epic
Lounge (restaurant/nightclub) to operate with the following:
a) Live entertainment (live bands /musicians, disc jockeys, customer dancing, and
karaoke);
b) An Alcoholic Beverage Control Type 47 (On -Sale General, Eating Place) license;
c) 85 sq. ft. outdoor front patio on the south side of LA Buns (adjacent to Second
Street); and
d) 245 sq. ft. outdoor rear patio on the east side of Epic Lounge (adjacent to the
alley & parking).
This approval also repeals Resolution No. 2266, Resolution No. 2266 -A, Resolution No.
2444, Resolution No. 2518, Resolution No. 09 -2583, and Resolution No. 11 -2721
because the operative conditions of approval for these resolutions have been
consolidated into this approval.
2) The Community Development Director 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.
3) Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer
dancing only. Live entertainment shall not be permitted before 12:00 noon, seven (7)
days a week and shall cease by 1:30 a.m.
4) 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.
5) The sale of alcohol beverages shall cease at 1:30 a.m., seven (7) days a week.
6) The consumption of alcoholic beverages is permitted within the approved patio areas
and is subject to the approval from ABC.
7) The owner /applicant shall ensure patrons enter the business from the main doors on
Second Street. Doors at the rear patio on the east side of the business (adjacent to the
alley and parking lot) shall be used as exit for patrons and access for employees only.
8) The owner /applicant shall install panic hardware (touchbar) devices on all exit doors in
the outdoor patio area so patrons can escape the site in case of emergency.
9) The owner /applicant shall construct a six -foot (6) high decorative fence around the
outdoor patio at the east (rear) side of the business. Said decorative fence shall be
reviewed and approved by the Director of Community Development prior to installation.
10) There shall be no age restriction on the patrons of the business; however, the licensee,
owner /applicant shall take all necessary steps to ensure that no person under the age of
18 years of age will be permitted on the premises after 10:00 p.m. without an
accompanying parent or legal guardian.
PLN -15 -00132 — 8237 -8239 Second St
October 21, 2015 - Page 4
Resolution No. 15 -2948
Downey Planning Commission
11) The owner /applicant shall provide outdoor lighting on the east side of the subject
building, at the rear 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.
12) 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.
13) 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.
14) Customers shall not be within the business after the specified closing time.
15) 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.
16) Prior to 9:00 p.m., seven (7) days a week, the sale of alcohol shall be incidental to the
sale of food.
17) 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. ,
18) 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.
19) All signs shall comply with Chapter 6 of Article IX (Land Use) of the Downey Municipal
Code.
20) 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.
21) 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.
22) 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.
PLN -15 -00132 — 8237 -8239 Second St
October 21, 2015 - Page 5
Resolution No. 15 -2948
Downey Planning Commission
23) 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.
24) All conditions of PLN -15 -00132 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
POLICE
25) Prior to commencement of business, the owner /applicant shall obtain any and all
required Police Department permits for this Conditional Use Permit.
26) 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.
27) The owner /applicant shall comply with and strictly adhere to the security plan, as
approved by the Chief of Police. This shall include the owner /applicant providing a
minimum of three (3) licensed and bonded, uniformed patrolmen for security. One
security guard shall be posted at the entrance leading to the business on Second Street,
one inside the Epic Lounge section monitoring the bar /entertainment area, and one
inside the rear patio on the east side of the business. The number of security guards
shall be determined by the Chief of Police and may be adjusted as the Chief of Police
determines is necessary. In addition, the owner /applicant shall provide portable
detection scanners to prevent patrons from using false identification and to help verify
the age- appropriateness of patrons.
28) 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).
29) 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 patios and parking lot area (i.e. using illegal substance or intoxicated patrons).
30) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
PLN -15 -00132 — 8237 -8239 Second St
October 21, 2015 - Page 6
Resolution No. 15 -2948
Downey Planning Commission
31) 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.
32) The owner /applicant shall impose a dress code that shall not permit patrons to wear the
following after 10:00 p.m. or during the hours of live entertainment: Gang attire /colors,
baggy pants, bandanas, back packs, and /or caps that are worn backwards.
33) 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.
34) The sale of all alcoholic beverages for consumption off the premises is prohibited.
35) 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.
36) 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.
37) The owner /applicant and licensee shall remain in full compliance of all Local, State and
Federal Laws.
38) 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.
39) 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
40) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
41) All construction shall comply with the 2013 California Fire Code.
BUILDING
42) All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
43) 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.
44) 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.
PLN -15 -00132 — 8237 -8239 Second St
October 21, 2015 - Page 7
Resolution No. 15 -2948
Downey Planning Commission
PUBLIC WORKS
45) 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.
46) 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.
47) 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.
48) 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.
49) 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
50) If applicable, the applicant shall install all new utilities associated with this project
underground.
51) 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.
PLN -15 -00132 — 8237 -8239 Second St
October 21, 2015 - Page 8