HomeMy WebLinkAbout2. PLN-17-00150 12056 ParamountSTAFF REPORT
PLANNING DIVISION
DATE: OCTOBER 18, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-17-00150 (REVISION “A” TO CONDITIONAL USE PERMIT PLN-11-
00091) – A REQUEST TO PROVIDE LIVE ENTERNMAINT AND EXTEND
THE HOURS OF OPERATION OF A RESTAURANT OPERATING WITH
A TYPE 47 (ON-SALE GENERAL, EATING PLACE) ALCOHOL
BEVERAGE CONTROL LICENSE
LOCATION: 12056 PARAMOUNT BOULEVARD
REPORT SUMMARY
Dennis Brooks (hereinafter referred to as “the Applicant”) is requesting a revision to an existing
conditional use permit which allows a restaurant to operate with an Alcoholic Beverage (ABC)
Type 47 (On-Sale General, Eating Place). A Type 47 license allows full alcohol sales at a
restaurant. The proposed revision would modify the hours of operation and allow live
entertainment.
Based on the analysis contained in this report, staff is recommending the Planning Commission
adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION APPROVING REVISION
“A” TO CONDITIONAL USE PERMIT PLN-11-00091, THEREBY ALLOWING
EXTENDED HOURS OF OPERATION AND LIVE ENTERTAINMENT ON
PROPERTY LOCATED AT 12056 PARAMOUNT BOULEVARD.
BACKGROUND
The subject site is located on the east side of Paramount Boulevard, between Stewart and Grey
Road and Alameda Street.
The site is developed with an approximately 3,400 square foot restaurant, and a 970 square foot
outdoor seating area with a trellised cover. The site contains thirty (30) parking spaces which
are located to the east and west of the restaurant building. The restaurant building has been
vacant for approximately 1½ years. The applicant is in the process of remodeling the existing
restaurant building, which includes the addition of a 970 square foot outdoor trellised covered
seating area.
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Street View
On June 15, 2011, the Planning Commission approved a conditional use permit which allowed a
Type 47 (On-Sale, Eating Place) license in conjunction with a new restaurant. A Type 47 license
allows restaurants to sell beer and wine, including distilled spirits for on-site consumption.
On August 25, 2017, the applicant submitted a Revision to Conditional Use Permit requesting to
extend the hours of operation and allow for live entertainment on the property located at 12056
Paramount Boulevard. The application was reviewed by staff and deemed complete on
September 22, 2017.
On October 5, 2017, the notice of the pending public hearing was published in the Downey
Patriot and mailed to all property owners within 500’ of the subject site.
DISCUSSION
The restaurant will be called Distrito and will serve Mexican food. The theme of the restaurant is
that they will serve a prominent dish from every state in Mexico, including the capital city.
Distrito Rendering
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The applicant is requesting to amend the approved hours of operation as well as to provide live
entertainment.
The currently approved hours of operation are as follows:
Monday – Thursday: 9:00 am – 11:00 pm
Friday – Sunday: 9:00 am – 12:00 am
The applicant is proposing to extend the hours of operation as follows:
Monday – Thursday: 9:00 am – 12:00 am
Friday – Sunday: 9:00 am – 2:00 am
In addition, the applicant has indicated that the proposed hours for live entertainment are from
8:00 pm to 12:00 am, Thursday – Saturday. The applicant has designated an area in the middle
of the restaurant that will be used for live entertainment. The applicant has also indicated that
the proposed live entertainment will range from mariachi, trio, and duet style music.
The business is required to comply with Section 4600 et seq. of the Downey Municipal Code,
which prohibits the noise generated from a business from exceeding 65 dBA, as measured at
the property line. However, due to the proximity of the multi-unit development to the south and
the single-family residential dwelling units to the east, staff has concerns regarding the potential
noise impacts on the adjacent properties, particularly during the later evening hours. Thus, staff
is recommending the following conditions of approval:
Live entertainment/music is limited to the following hours of operation:
o Thursday – Saturday: 9:00 am to 10:00 pm
o Sunday: 9:00 am to 8:00 pm
Live entertainment/music shall not be amplified, and limited to string musicians only;
Live entertainment, music, and television sets, are prohibited within the outdoor seating
area;
Rear doors must remain closed at all times, except for ingress and egress.
Should staff receive noise complaints from adjacent neighbors, staff has recommended an
additional condition of approval that requires the applicant pay for a noise study, and any
mitigation measures identified therein to be implemented.
DEVELOPMENT REVIEW COMMITTEE (DRC)
The City’s Development Review Committee reviewed the proposed revision to the existing
Conditional Use Permit on August 28, 2017. The Police Department raised concerns regarding
the potential noise impacts associated with the proposed restaurant and the outdoor seating
area. Accordingly, recommended conditions have been included to reduce potential impacts.
Additionally, the Fire Department provided a recommended condition of approval that requires
that all construction/remodel work comply with the 2016 California Building Code and Title 24 of
the California Energy Code.
The Building and Engineering Departments did not have any concerns regarding this request.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed revision to the existing Conditional Use Permit for compliance
with the California Environmental Quality Act (CEQA). Upon completion of this review, staff has
determined that proposed Revision A to Conditional Use Permit PLN-11-00091 is exempt from
CEQA pursuant to Section 15301 (Class 1, Existing Facilities), which have been determined not
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to have a significant effect on the environment. Class 1 consists of projects that involve no or
negligible expansion of the existing use.
FINDINGS
Pursuant to the requirements of the Municipal Code Section 9824.06 (Conditional Use Permit),
staff recommends that the Planning Commission make the following findings to approve the
request:
A. The requested conditional use permit will not adversely affect the intent and
purpose of Article IX of the Downey Municipal Code or the City’s General Plan or
the public convenience or general welfare of persons residing or working in the
neighborhood thereof.
Revision “A” to Conditional Use Permit PLN-11-00091, to extend the hours of operation
and provide live entertainment in conjunction with a restaurant with an existing Type 47
ABC license (On-Sale General, Eating Place), will not adversely affect the purpose and
intent of this chapter, the City’s General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood, as the restaurant complies
with General Plan, Policy 1.1.1, which seeks to maintain a balance of land uses,
Program 1.1.4.6, which promotes concentration of smaller commercial uses in
neighborhood “nodes”, and Program 1.3.1.5, which encourages land uses consistent
with the area’s designation as properties recycle. The project is conditioned to limit noise
impacts associated with a restaurant, and such restaurant is required to comply with
Section 9400 of the Municipal Code.
B. The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The building previously served as a restaurant for a number of years, but has remained
vacant for the past 1½ years. The proposed Revision “A” to Conditional Use Permit PLN-
11-00091 will not adversely affect the adjoining land uses since the proposed use
conforms to the commercial development standards. The Conditional Use Permit has
been conditioned to reduce the possible noise impacts on the surrounding land uses by
limiting the hours of operation of the outdoor seating area, prohibiting amplified music,
requiring the rear door to remain close at all times, except for ingress and egress of
employees, and prohibiting live entertainment and television sets within the outdoor
seating area.
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 property is adequate to accommodate the existing restaurant,
the extended hours of operation and proposed live entertainment, as conditioned, are in
a manner not detrimental to the area since the proposed revision does not include
further expansion of the existing building.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The extended hours of operation and live entertainment is not anticipated to generate
additional traffic or impose an undue burden upon the streets and highways in the area
because Paramount Boulevard is designated as a major arterial by the City’s General
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Plan. Paramount Boulevard is able to absorb any additional traffic this request may
create, however, staff does not foresee a significant increase since the building and
parking area already exist.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Staff recommends that the Planning Commission adopt the attached resolution approving
Revision “A” to Conditional Use Permit PLN-11-00091, allowing extended hours of operation
and live entertainment, in conjunction with a restaurant with a Type 47 (On-Sale General, Eating
Place), subject to the conditions of approval.
EXHIBITS
A. Location Map and Aerial
B. Draft Resolution
C. Planning Commission Resolution 11-2719
D. Project Plans
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EXHIBIT A
LOCATION MAP
AERIAL PHOTOGRAPH
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RESOLUTION NO. 17-____
A RESOLUTION OF THE PLANNING COMMISSION APPROVING REVISION “A” TO
CONDITIONAL USE PERMIT PLN-11-00091, THEREBY ALLOWING EXTENDED
HOURS OF OPERATION AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT
12056 PARAMOUNT BOULEVARD.
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 June 15, 2011, the Planning Commission approved Conditional Use Permit
(PLN-11-00091) which allowed a Type 47 (On-Sale, Eating Place) license in
conjunction with a new restaurant. A Type 47 license allows restaurants to sell
beer and wine, including distilled spirits in conjunction with meals; and,
B. On August 25, an application was filed by Dennis Brooks (Distrito Restaurant),
requesting approval of Revision “A” to Conditional Use Permit (PLN-11-00091) to
extend the hours of operation and allow for live entertainment in conjunction with
a restaurant and a Type 47 license (On-Sale General, Eating Place) on the
property located at 12056 Paramount Boulevard, Downey; and,
C. On September 22, 2017, the application deemed complete; and,
D. On October 5, 2017, 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,
E. On October 18, 2017, the Planning Commission held a duly noticed public
hearing and after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1), Existing Facilities.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
A. The requested conditional use permit will not adversely affect the intent and
purpose of Article IX of the Downey Municipal Code or the City’s General Plan or
the public convenience or general welfare of persons residing or working in the
neighborhood thereof.
Revision “A” to Conditional Use Permit PLN-11-00091, to extend the hours of operation
and provide live entertainment in conjunction with a restaurant with an existing Type 47
ABC license (On-Sale General, Eating Place), will not adversely affect the purpose and
intent of this chapter, the City’s General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood, as the restaurant complies
with General Plan, Policy 1.1.1, which seeks to maintain a balance of land uses, Program
1.1.4.6, which promotes concentration of smaller commercial uses in neighborhood
“nodes”, and Program 1.3.1.5, which encourages land uses consistent with the area’s
designation as properties recycle. The project is conditioned to limit noise impacts
associated with a restaurant, and such restaurant is required to comply with Section
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Resolution No. 17-
Downey Planning Commission
PLN-17-00150 – 12056 Paramount Blvd.
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9400 of the Municipal Code.
B. The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The building previously served as a restaurant for a number of years, but has remained
vacant for the past 1.5 years. The proposed Revision “A” to Conditional Use Permit PLN-
11-00091 will not adversely affect the adjoining land uses since the proposed use
conforms to the commercial development standards. The Conditional Use Permit has
been conditioned to reduce the possible noise impacts on the surrounding land uses by
limiting the hours of operation of the outdoor seating area, prohibiting amplified music,
requiring the rear door to remain close at all times, except for ingress and egress of
employees, and prohibiting live entertainment and television sets within the outdoor
seating area.
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 property is adequate to accommodate the existing restaurant,
the extended hours of operation and proposed live entertainment, as conditioned, are in
a manner not detrimental to the area since the proposed revision does not include further
expansion of the existing building.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The extended hours of operation and live entertainment is not anticipated to generate
additional traffic or impose an undue burden upon the streets and highways in the area
because Paramount Boulevard is designated as a major arterial by the City’s General
Plan. Paramount Boulevard is able to absorb any additional traffic this request may
create, however, staff does not foresee a significant increase since the building an d
parking area already exist.
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 Revision “A” to the Conditional
Use Permit, subject to the Conditions of Approval attached hereto as Exhibit A – Conditions,
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.
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Resolution No. 17-
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SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of October 2017.
Jim Rodriguez, 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 18th day of October
2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
_________________________
Mary Cavanagh, Secretary
City Planning Commission
[Signatures on Next Page]
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Resolution No. 17-
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EXHIBIT – A
CONDITIONS OF APPROVAL
PLN-17-00150
PLANNING
1) The approval of Revision “A” to Conditional Use Permit PLN-11-00091 amends the hours
of operation and permits live entertainment in conjunction with a restaurant with a Type
47 (On-Sale General, Eating Place) at 12056 Paramount Boulevard.
2) Approval of Revision “A” to Conditional Use Permit PLN-11-00091 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.
3) 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.
4) Resolution No. 11-2719, which approved Conditional Use Permit PLN-11-00091, shall be
deemed null and void.
5) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
6) 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.
7) The hours of operation shall be limited to the following:
Monday – Thursday: 9:00 am – 12:00 am
Friday – Sunday: 9:00 am – 2:00 am
8) Live entertainment/music shall not be amplified, and limited to string musicians only. Live
entertainment/music is limited to the following hours of operation:
Thursday – Saturday: 9:00 am to 10:00 pm
Sunday: 9:00 am to 8:00 pm
9) The business shall comply with the City of Downey’s noise ordinance. This shall not
include noise that is exempt from the City’s noise ordinance. Upon receiving complaints
regarding noise levels, the Director of Community Development may order the
preparation of a noise study. The cost of said noise study shall be paid by the business
owner. All mitigation measures identified in the noise study shall be implemented and
become part of this Conditional Use Permit and shall have the force of conditions of
approval.
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10) The parking lot shall be equipped with lighting of sufficient power to illuminate and make
easily discernable the appearance and conduct of all persons on or about the parking lot.
All exterior lights shall be LED and shall be directed, positioned, and/or shielded such
that they do not illuminate surrounding properties and the public right-of-way.
11) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
City Planner, the applicant shall provide evidence that the gross sales of food exceed
50% the gross sale of alcohol.
12) All roof-mounted equipment shall be screened from view as seen from adjoining
properties and the public right-of-way.
13) 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.
14) Customers shall not be within the business after the specified closing time.
15) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
16) Any graffiti applied to the site shall be removed within 48 hours.
17) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
18) The owner/applicant shall not permit any loitering on the subject site.
19) Customers shall not be within the business after the specified closing time.
20) 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.
21) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
POLICE
22) Live entertainment/music shall not be amplified, and limited to string musicians only.
23) There shall be no live entertainment in the outdoor seating area.
24) Rear doors shall remain closed at all times, except to permit ingress and egress.
25) 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,
ordinance, or regulations.
26) Prior to building occupancy, the owner/applicant shall obtain any and all required Police
Department permits for this Conditional Use Permit.
27) The owner/applicant shall provide licensed and bonded, uniformed patrolmen or security
guards at such times as determined by, and in consultation with, the Chief of Police. The
number of security guards shall be determined by the Chief of Police and may be
increased or decreased as the Chief of Police determines is necessary.
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28) 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).
BUILDING
29) Any proposed improvements shall comply with the 2016 California Building Code and
Title 24 of the California Energy Code.
FIRE
30) The applicant shall comply with the 2016 California Fire Code, as amended by the City of
Downey.
END OF CONDITIONS
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