HomeMy WebLinkAbout2. PLN-15-00240 8104 FirestoneSTAFF REPORT
PLANNING DIVISION
DATE: APRIL 6, 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)
DISCUSSION
On March 16, 2016, the Planning Commission opened a public hearing to consider PLN-15-
00240, a request by Mr. Raul Gonzalez to amend the previously-approved conditions of
approval regarding live entertainment activities at the Mariscos Choix Restaurant, located at
8104 Firestone Boulevard, as follows:
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.
At the conclusion of the public testimony, the Planning Commission adopted a Minute Action to
allow the business to use amplified music, to add a fourth musician to entertain in the business,
and to charge an admission fee to enter the business during pay-per-view sporting events.
However, the Planning Commission denied the Applicant’s request to allow live music in the
outdoor dining area to begin at 4:00 p.m. Thursdays and Fridays. The Planning Commission
continued the public hearing to a date certain, April 6, 2016, and directed staff to prepare a
resolution of approval for the amplified music, cover charge and the fourth musician, and a
resolution of denial regarding the 4:00 pm time for musicians to begin performing on Thursday
and Friday.
RECOMMENDATION
Agenda Page 1
Staff recommends that the Planning Commission adopt the following titled 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, TO ALLOW FOUR MUSICIANS
TO PERFORM DURING THE PERMITTED HOURS FOR LIVE ENTERTAINMENT,
AND TO ALLOW THE BUSINESS TO CHARGE AN ADMISSION FEE TO ENTER
THE BUSINESS DURING PAY-PER-VIEW SPORTING EVENTS, ON PROPERTY AT
8104 FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
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, THURSDAYS AND FRIDAYS, AT AN EXISTING RESTAURANT, ON
PROPERTY AT 8104 FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC
PLAN (DDSP)
ATTACHMENTS:
Resolutions
March 16, 2016, Staff Report
H:\Community Development\Nguyen\CASES\CUP\2015\8104 Firestone (mariscos-revision A)\Continue to 4-6-2016\15-00240 Staff
Continue (4-6-2016).doc
Agenda Page 2
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, TO ALLOW A FOURTH
MUSICIAN TO ENTERTAIN IN THE BUSINESS, AND TO ALLOW THE BUSINESS
OWNER 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 3
Resolution No. 16-____
Downey Planning Commission
PLN-15-00240 – 8104 Firestone Blvd
April 6, 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 16, 2016,
continued it to April 6, 2016, and after fully considering all oral and written
testimony, facts, and opinions offered at the aforesaid public hearing, the
Commission adopted this resolution on April 6, 2016.
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.
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, and 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.
Agenda Page 4
Resolution No. 16-____
Downey Planning Commission
PLN-15-00240 – 8104 Firestone Blvd
April 6, 2016 - Page 3
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.
The request to revise the conditions of approval to allow amplified music, add a
fourth musician, and 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. In addition, the applicant is required to adhere to the City’s noise
standards Section 4600.
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.
The size and shape of the subject property are generally adequate to allow for the
applicant’s request to offer amplified music, add a fourth musician, and to charge
his customers an admission fee to enter the business during pay-per-view
sporting event because the recent remodel to Mariscos 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.
However, the applicant is required to comply with the Fire and Building & Safety
regulations in regards to the maximum occupancy load in the outdoor dining area.
D. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
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 approves 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 5
Resolution No. 16-____
Downey Planning Commission
PLN-15-00240 – 8104 Firestone Blvd
April 6, 2016 - Page 4
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of April 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 6th day of April 2016,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 6
Resolution No. 16-____
Downey Planning Commission
PLN-15-00240 – 8104 Firestone Blvd
April 6, 2016 - Page 5
PLN-15-00240 (REVISION ‘A’ TO PLN-15-00061, CONDITIONAL USE PERMIT)
CONDITIONS OF APPROVAL
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) to authorize the
use of amplified music, to allow not more than four (4) musicians to perform during the
permitted hours for live entertainment, and allowing the Applicant/business owner to
charge patrons 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 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 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) six months after adoption of this resolution to determine the
applicant’s compliance with the conditions of approval. 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) Prior to issuing the new Downey Police Permit for any changes to the live entertainment
as authorized by this CUP, the Owner/Applicant shall provide Planning staff with an
updated floor plan for the outdoor dining area for review and approval. Said floor plan
shall include the location of all non-fixed tables and chairs, and it shall provide direct and
unobstructed access to a public right-of-way. In addition, the Owner/Applicant is required
to comply with the Downey Fire and Building & Safety regulations regarding the
maximum occupancy load in the outdoor dining area.
8) 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.
Agenda Page 7
Resolution No. 16-____
Downey Planning Commission
PLN-15-00240 – 8104 Firestone Blvd
April 6, 2016 - Page 6
9) 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.
10) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
11) 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.
12) 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
13) 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 8
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, THURSDAYS AND FRIDAYS, 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 9
Resolution No. 16-____
Downey Planning Commission
PLN-15-00240 – 8104 Firestone Blvd
Apirl 6, 2016 - Page 2
J. The Planning Commission held a duly noticed public hearing on March 16, 2016,
continued it to April 6, 2016, and after fully considering all oral and written
testimony, facts, and opinions offered at the aforesaid public hearing, the
Commission adopted this resolution on April 6, 2016.
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 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 to begin 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. 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.
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 Firestone Boulevard
corridor.
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.
The size and shape of the site is adequate to allow live music to begin at 4:00
p.m. in the outdoor dining area. However, the Commissioners feel that playing
music at 6:00 p.m. is appropriate for this location because most of the
surrounding businesses are still operating at 5:00 p.m. Monday through Friday.
There is a concern that allowing live music at 4:00 p.m. will impact neighboring
uses negatively.
Agenda Page 10
Resolution No. 16-____
Downey Planning Commission
PLN-15-00240 – 8104 Firestone Blvd
Apirl 6, 2016 - Page 3
D. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of April 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 6th day of April 2016,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 11
STAFF 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 12
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 13
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 14
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 15
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 16
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 17
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 18
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 19
PLN-15-00240 – 8104 Firestone Blvd
March 16, 2016 - Page 9
Exhibit ‘A’
PROJECT LOCATION
SITE PLAN
Agenda Page 20
PLN-15-00240 – 8104 Firestone Blvd
March 16, 2016 - Page 10
Exhibit ‘B’
AERIAL PHOTOGRAPH
ZONING MAP
Subject
Business
Subject
Property
Agenda Page 21
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 22
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 23
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 24
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 25
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 26
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 27
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 28
Planning Commission Minutes May 20, 2015
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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
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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.
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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.
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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
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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.
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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.
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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
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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).
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