HomeMy WebLinkAboutPC Resolution 17-3038RESOLUTION NO. 17-3038
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
9400 of the Municipal Code.
Resolution No. 17-3038
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 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 and
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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PLN -17-00150 — 12056 Paramount Blvd,
October 16, 2017 - Page 2
Resolution No. 17-3038
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this 18th day of October 2017.
Jim Rodriguez, Cka'irman
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: Rodriguez, Owens, Flores and Dominguez
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: Duarte
ABSTAIN:
COMMISSIONERS: None
Mary Ca anagh, Secretary`
City Planning Commission
PLN -17-00150 — 12056 Paramount Blvd.
October 16, 2017 - Page 3
Resolution No. 17-3038
Downey Planning Commission
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 —11:00 pm
Friday — Saturday: 9:00 am —12:00 am
Sunday: 9:00 am —10:00 pm
8) The hours of operation for the outdoor patio/dining area shall be:
• Friday — Saturday: 9:00 am —10:30 pm
• Sunday — Thursday: 9:00 am — 9:00 pm
9) Live entertainment/music shall not be amplified, and shall be limited to a maximum of
four (4) string musicians only. Live entertainment/music is limited to the following hours of
operation:
• Friday — Saturday: 9:00 am to 11:00 pm
• Sunday: 9:00 am to 10:00 pm
There shall be no live entertainment/music: Monday — Thursday.
PLN -17-00150 — 12056 Paramount Blvd.
October 16, 2017 - Page 4
Resolution No. 17-3038
Downey Planning Commission
10) The business shall comply with the City of Downey's noise ordinance. This shall not
include noised 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.
11) 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.
12) 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.
13) All roof -mounted equipment shall be screened from view as seen from adjoining
properties and the public right-of-way.
14) 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.
15) Customers shall not be within the business after the specified closing time.
16) 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.
17) Any graffiti applied to the site shall be removed within 48 hours.
18) 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.
19) The owner/applicant shall not permit any loitering on the subject site.
20) Customers shall not be within the business after the specified closing time.
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.
22) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
POLICE
23) Live entertainment/music shall not be amplified, and limited to string musicians only.
24) There shall be no live entertainment in the outdoor seating area.
25) Rear doors shall remain closed at all times, except to permit ingress and egress.
26) 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,
PLN -17-00150 — 12056 Paramount Blvd.
October 18, 2017 - Page 5
Resolution No. 17-3038
Downey Planning Commission
ordinance, or regulations.
27) Prior to building occupancy, the owner/applicant shall obtain any and all required Police
Department permits for this Conditional Use Permit.
28) 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.
29) 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
30) Any proposed improvements shall comply with the 2016 California Building Code and
Title 24 of the California Energy Code.
FIRE
31) The applicant shall comply with the 2016 California Fire Code, as amended by the City of
Downey.
END OF CONDITIONS
PLN -17-00150 — 12056 Paramount Blvd.
October 18, 2017 - Page 6