HomeMy WebLinkAboutPC Resolution 16-2971RESOLUTION NO. 16 -2971
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,
Resolution No. 16 -2971
Downey Planning Commission
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,
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.
PLN -15 -00240 — 8104 Firestone Blvd
April 6, 2016 - Page 2
Resolution No. 16 -2971
Downey Planning Commission
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.
PLN -15 -00240 — 8104 Firestone Blvd
April 6, 2016 - Page 3
Resolution No. 16 -2971
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of April 2016.
Macias 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: Flores, Rodriguez, Morales and Lujan
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Owens
ABSTAIN: COMMISSIONERS: None
Mary Cava agh, Secretary
City Planning Commission
PLN -15 -00240 — 8104 Firestone Blvd
April 6, 2016 - Page 4
Resolution No. 16 -2971
Downey Planning Commission
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 I Tuesday I Wednesday Thursday I Friday Saturday I Sunday
Inside 11 a.m.-11 p.m. 11 a.m. - 1 a.m.
Restaurant
Outdoor I 6 p.m. - 11 p.m. 6 p.m. - 1 a.m. l 11 a.m. - 1 a.m.
Dinina Area
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.
PLN -15 -00240 — 8104 Firestone Blvd
April 6, 2016 - Page 5
Resolution No. 16 -2971
Downey Planning Commission
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.
PLN -15 -00240 — 8104 Firestone Blvd
April 6, 2016 - Page 6