HomeMy WebLinkAboutPC Resolution 15-2930RESOLUTION NO. 15 -2930
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN -15 -00111 (CONDITIONAL USE PERMIT),
THEREBY ALLOWING LIVE ENTERTAINMENT AT AN EXISTING
RESTAURANT (20/20 DRAFT HOUSE), WHICH OPERATES WITH AN
ALCOHOLIC BEVERAGE CONTROL TYPE 41 (ON -SALE BEER & WINE,
EATING PLACE) LICENSE, ON PROPERTY LOCATED AT 8228
FIRESTONE BLVD, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC
PLAN — FIRESTONE BOULEVARD GATEWAY 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. An application was filed by 2 Cherries LLC (hereinafter "Applicant ")
requesting approval of a conditional use permit to operate live
entertainment at 20/20 Draft House Restaurant, which operates with a
Type 41 (On -Sale Beer & Wine, Eating Place) alcohol license, on
property located at 8228 Firestone Blvd, and zoned DDSP (Downtown
Downey Specific Plan); and
B. On July 2, 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 July 15,
2015, and after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, hereby adopts
Resolution No. 15 -2930, approving PLN -15 -00111 (Conditional Use
Permit), 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 conditional use permit for live entertainment will
not adversely affect the purpose and intent of the Downey Municipal
Code. The subject property is within the DDSP (Downtown Downey
Resolution No. 15 -2930
Downey Planning Commission
Specific Plan - Firestone Boulevard Gateway District) zone, and is
adjacent to other properties with the same zoning designation. The
requested conditional use permit will allow live entertainment in the form
of disc jockeys and live bands at the 20/20 Draft House Restaurant,
located at 8228 Firestone Boulevard. The restaurant with live
entertainment will not adversely affect the purpose and intent of this
chapter, the City's General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood because the
site and the adjacent properties maintain the Mixed Use General Plan
designation, which is intended to facilitate entertainment uses.
Implementing this policy is General Plan Program No. 1.2.2.1, which
states: "Promote the downtown area as a destination point for
entertainment, dining, civic, and other activities.
B. The proposed live entertainment will not adversely affect the adjoining
land uses, because a condition of approval of PLN -15 -00111 states that
all entry and exit doors to and from the establishment shall remain closed
during the hours when live entertainment is permitted. In addition, staff
recommends a condition requiring that live entertainment shall be limited
to four days a week (Thursday through Sunday) and shall not begin
before 8:00 p.m. With these conditions in place, staff believes the
proposed "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 designated music area will occupy no more than 130 square feet
or about 17 percent of the tenant 2,183 square feet tenant space.
D. The subject site is located within the Downtown Firestone Boulevard
Gateway District, with vehicular access being provided from Firestone
Boulevard, Downey Avenue, La Reina Avenue, and Nance Avenue. Staff
has reviewed the proposal for any potential increase in traffic caused by
the operation of the business and believed that live entertainment
activities during the evening hours will not impose an undue burden upon
the streets in the area. The surrounding streets (La Reina Avenue and
Downey Avenue) have sufficient capacity to accommodate the minimal
increase in traffic that might be generated by live entertainment.
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-
00111, 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
PLN 15 -00111 — 8228 Firestone Blvd
July15, 2015 - Page 2
Resolution No. 15 -2930
Downey Planning Commission
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 15th day of July 2015.
I�
r�
t
ector Luja'n, fC ""airman
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
15th day of July 2015, by the following vote, to wit:
AYES:
COMMISSIONERS:
Lujan, Flores, Morales, Rodriguez and Owens
NOES:
COMMISSIONERS:
None.
ABSENT:
COMMISSIONERS:
None.
ABSTAIN:
COMMISSIONERS:
None.
,r
I
F.
Mary Cavanagh, Secretary
City Planning Commission
PLN 15 -00111 — 8228 Firestone Blvd
July15, 2015 - Page 3
Resolution No. 15 -2930
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -15 -00111 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -15 -00111 (CUP) allows live entertainment in the form of
disc jockeys and live bands at the 20/20 Draft House Restaurant, on property
located at 8228 Firestone Blvd. The 20/20 Draft House Restaurant currently
operates with a Type 41 (On -sale Beer and Wine, Eating Place) alcohol
beverages license.
2) Live entertainment area (disc jockeys, live bands) of 10' by 13' shall only be
located within the northeast portion of the tenant space.
3) There shall be no customer dancing inside the establishment during business
hours.
4) There shall be no outdoor patio area for patrons at the rear (facing the parking
lot) of the business during business hours. Outdoor patio shall be used by
employees only.
5) The business owner /applicant shall keep the entrance and exit doors at the
business closed during the hours when live entertainment is permitted.
6) The permitted hours of live entertainment for PLN -15 -00111 are as follows:
• Thursday: 8:00 p.m. to 11:00 p.m.;
• Friday and Saturday: 8:00 p.m. to 1:30 a.m.; and,
• Sunday: 8:00 p.m. to 11:00 p.m.
7) There shall be no cover charge for admission to the business.
8) Customers shall not be within the business after 11:00 p.m. Sunday through
Thursday and 2:00 a.m. on Friday and Saturday.
9) The owner /applicant and licensee shall not conduct valet parking on the subject site
without the approval of a conditional use permit from the Planning Commission.
10) 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 to the Director that the gross sales of food exceed the gross sale of
alcohol by 50 %.
11) The sale of alcohol shall be incidental to the sale of food within the dining area.
12) All signs shall comply with Chapter 6 of Article IX (Land Use) of the Downey
Municipal Code.
PLN 15 -00111 — 8228 Firestone Blvd
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Resolution No. 15 -2930
Downey Planning Commission
13) All promotions of the business shall be conducted under direct control of the
business owner. There shall be no outside promoters of live entertainment or
night club activity at any time.
14) The City Planner is authorized to make minor modifications to the approved
plans or any of the conditions if such modifications shall achieve substantially the
same results as would strict compliance with said plans and conditions.
15) 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.
16) Approval of this PLN -15 -00111 (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.
17) All conditions of PLN -15 -00111 (Conditional Use Permit) shall be complied with
before this conditional use permit becomes valid.
18) The owner /applicant agrees, as a condition of approval of this resolution, to
indemnify, defend and hold harmless, at Applicant's expense, City and City's
agents, officers and employees from and against any claim, action or proceeding
to attack, review, set aside, void or annul the approval of this resolution, to
challenge the approval of this resolution on the basis of the California
Environmental Quality Act (CEQA), or to determine the reasonableness, legality
or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse
the City for any court costs and attorney's fees that the City may be required to
pay as a result of any such claim, action or proceeding. City may, in its sole
discretion, participate in the defense of any such claim, action or proceeding, but
such participation shall not relieve Applicant of the obligations of this condition.
POLICE
19) Prior to operating live entertainment, the owner /applicant shall obtain any and all
required Police Department permits for this Conditional Use Permit.
20) 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).
PLN 15 -00111 — 8228 Firestone Blvd
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Resolution No. 15 -2930
Downey Planning Commission
21) The owner /applicant shall not permit any loitering on the subject site.
22) 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.
23) The Licensee shall be responsible for monitoring the restaurant 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.
24) The Licensee shall be responsible for monitoring the restaurant to prevent
anyone from smoking inside, pursuant to section 6404.5(b) of the California
Labor Code.
25) No alcoholic beverages shall be consumed outside of the premises (outdoor
patio, parking lot, etc.) or any property adjacent to the licensed premises.
26) Payment for beverage services shall be made only after such services have
been provided to the patrons by the business.
27) 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 worn backwards.
28) 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.
29) 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
30) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC
fire extinguishers to the satisfaction of the Fire Department.
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July15, 2015 - Page 6