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HomeMy WebLinkAbout1. PLN-19-00191 CUP 8860 Apollo WayCityof Downeey DATE: TO: SUBMITTED BY: MAY 20, 2020 PLANNING COMMISSION STAFF REPORT PLANNING DIVISION ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMEN REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER, PREPARED BY: ALFONSO HERNANDEZ, SENIOR PLANNER AIV( SUBJECT: PLN -19-00191 (CONDITIONAL USE PERMIT) —A REQUEST TO ALLOW LIVE ENTERTAINMENT AT AN EXISTING FULL SERVICE RESTAURANT. LOCATION: 8860 APOLLO WAY ZONING: TLSP (TIERRA LUNA SPECIFIC PLAN) REPORT SUMMARY This is a request for a Conditional Use Permit (CUP) to allow for live entertainment at a full service restaurant, Bar Louie, located within the Promenade shopping center. The live entertainment will consist of a disc jockey, karaoke, and open microphone. Open microphone means periods in which patrons are allowed to voluntarily perform in front of other patrons. Performances may include singing, playing acoustic instruments, sharing poetry, or stand-up comedy. The business began operation of the restaurant with incidental onsite alcohol sales (Type 47 ABC license) in October 2016 and has remained in operation since. 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 OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT PLN -19-00191, THEREBY ALLOWING A FULLSERVICE RESTAURANT TO FUNCTION WITH LIVE ENTERTAINMENT IN THE FORM OF A DISC -JOCKEY, KARAOKE, AND OPEN -MICROPHONE BACKGROUND The subject site is a 5,786 square foot tenant space located at the "Promenade at Downey" within the Tierra Luna Specific Plan (TLSP), and has a General Plan land use designation of Mixed Use. Specifically, the Bar Louie restaurant space is located within the Tierra Luna Market Place area as designated by the specific plan. This area is made up of similar restaurants, such as Gaucho Grill and The Olive, retail, and the Cinemark movie theater. The existing customer area currently consists of a dining area, bar, and outdoor patio. PC AGENDA PAGE 1 The Promenade is primarily accessed via Apollo Way, with additional multiple points of access along the Discovery Sports Complex parking area located between Columbia way and Caring Way. The shopping center is located adjacent to the Downey Landing shopping center to the North. To the South is the Discovery Sports Complex and the Columbia Memorial Space Center. To the East are properties zoned General Manufacturing, M-2. To the West are single- family zoned properties, R-1. The R-1 properties are located approximately 850 feet from the Bar Louie tenant space. On November 19, 2019 the applicant filed a request for a CUP. Subsequently, the applicant was issued an incomplete letter on December 19, 2019. After submitting all required documents the application was deemed complete on April 13, 2020. On May 7, 2020, notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500 feet of the subject property. Existing Frontage DISCUSSION The request is an application to conduct live entertainment in the form of a disc -jockey, karaoke, and open -microphone at the existing full service restaurant "Bar Louie". Unlike other applications for live entertainment, this application does not seek approval for the installation of a stage or dance floor/area. Through the analysis of this application, the request was found to have potentially less impacts than other live entertainment applications, and the activities compliment the main use of the full service dining restaurant. Existing hours of operation are Monday — Friday 11:00 a.m. — 2:00 a.m., Saturday — Sunday 10:00 am — 2:00 am. The applicant seeks approval for live entertainment from Thursday — Sunday 9:00 p.m. — 1:30 a.m. The new proposed hours of operation are as follows: Conditional Use Permit - PLN -19-00191 May 20, 2020 - Page 2 PC AGENDA PAGE 2 Restaurant: Monday — Friday: 11:00 a.m. — 2:00 a.m. **Restaurant: Monday — Friday: 11:00 a.m. — 2:00 a.m. Saturday - Sunday: 10:00 a.m. — 2:00 a.m Saturday - Sunday: 10:00 a.m. — 2:00 a.m. *Live Entertainment: Thursday — Sunday: 9:00 p.m. — 1:30 a.m. * Live entertainment shall cease thirty (30) minutes prior to closing. ** Last call" for alcohol purchases shall occur thirty (30) minutes prior to closing, and no patrons are allowed on the premises after the specified closing time. As previously stated, the land use designation will not change. Bar Louie will continue to operate as a full service restaurant use with incidental alcohol sales. The applicant and future operators are limited to alcohol sales consistent with ABC License Type 47 (On Sale — Eating Place). Thus, the project is conditioned to require the applicants to limit the sale of alcohol to no more than half (50%) of their total gross revenue. The customer space can accommodate up to a maximum of 207 patrons at any given time. Staff will total 10 people at any given time. Per the specific plan, the full service restaurant requires 24 parking spaces. A total of 95 parking spaces are located directly in front of the tenant space. These parking spaces service various other retail and food related uses. Within close proximity there is additional parking and the Tierra Luna Market Place area of the specific plan holds a total of 3,025 parking spaces. No changes are being proposed to alter the existing square footage of the restaurant and the request for live entertainment does not warrant any changes to the current parking demand. As a result the tenant space is allowed to continue with no additional parking accommodations. To accommodate the addition of live entertainment, security will be conditioned to require a total of four security guards Thursdays - Sunday. The security guards will be present between the hours of 9:00 p.m. to 2:30 a.m. The number of security guards was determined by the Downey Police Department in an effort to maintain a low amount of public nuisance incidents. Noise is not anticipated to create additional impacts due to the business' location within an existing shopping center. In addition, the subject site is predominantly surrounded by commercial uses which limit potential impacts to surrounding uses. A nuisance to nearby residents is also not anticipated, with the closest residential property being located approximately 850 feet away. Lastly, conditions of approval have been incorporated in an effort to mitigate any potential nuisance. DEVELOPMENT REVIEW COMMITTEE On December 5, 2019, the Development Review Committee (DRC) discussed and evaluated the project as it pertains to Planning, Police, Fire, Public Works, and Building and Safety matters. The Police Department conditioned a total of four security guards be present after 9:00 p.m. on days when hosting live entertainment. No other departments expressed concerns Conditional Use Permit - PLN -19-00191 May 20, 2020 - Page 3 PC AGENDA PAGE 3 or opposition over the project, and issued standard conditions. Recommended conditions of approval have been included in the attached Resolution to address these concerns. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Conditional Use Permit for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been 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 CEQA. Class 1 exemptions consist of projects that involve no/negligible expansion of the existing use. FINDINGS Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to approving the Conditional Use Permit. The findings are as follows: 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 project will not adversely affect the intent and purpose of the Downey Municipal Code or the City's General Plan. The subject site is located within an active shopping center that contains similar restaurant uses so the project should not cause a nuisance related to public convenience or general welfare to any nearby businesses. The restaurant is located approximately 850 feet away from residential properties, therefore nearby residents should not be burdened by the proposed use. Rather, the project aims to diversify the amount of goods and services available to residents and patrons of city businesses. The following General Plan policy is promoted by the proposed CUP: Policy 1. 1.4 — Provide an appropriate amount of land use for people to acquire goods and services The CUP promotes the above policy by expanding the availability of live entertainment which aims to complement the existing restaurant that it will serve. This will not only continue to provide, but will also expand, the type and amount of goods and services available to the nearby community and general public. 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 proposed live entertainment is intended to complement the existing restaurant use. The live entertainment component is occasionally found within similar shopping areas. The specific form of live entertainment is viewed as a trend for many restaurants, and the proposed hours are viewed as common practice. The main use of the site will remain a restaurant and adverse impacts are not anticipated. The application does not call for any other changes to the tenant space, such as readjustment of tables and chairs or installation of a dance floor. The configuration will remain the same, with the exception of a small space being made to accommodate an 8 foot long by 2 foot wide table to hold Conditional Use Permit - PLN -19-00191 May 20, 2020 - Page 4 PC AGENDA PAGE 4 disk -jockey equipment. Security guards have been required as a part of this approval to ensure adequate safe guards are provided to prevent future impacts. Therefore, the request is not anticipated to adversely affect the adjacent commercial businesses, nor hinder the area's potential for future growth and development. 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 proposal does not include a scope of work for additional changes to the interior or to the building's square footage. Live entertainment and the proposed hours of operation do not warrant a need for additional accommodations to the site. The proposed use will not restrict future permitted uses from occupying the site or an existing use located within the nearby area from altering their operations. In addition, the project is in full compliance with the Tierra Luna Marketplace Land Use Standards of the Downey Landing Specific Plan. Therefore, 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. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The type of live entertainment in conjunction with the ongoing operation of an existing full service restaurant is not anticipated to generate additional traffic. Live entertainment is an incidental amenity to the existing primary restaurant use. The combination of uses is common within active large shopping areas and the existing infrastructure is built to accommodate the type of use. The site is accessible via Lakewood Boulevard and Bellflower Boulevard. These street segments lead to similar nearby corridors such as Stewart & Gray Road and Imperial Highway. All four of these nearby roadways are consider major arterial corridors. Therefore, the existing transportation infrastructure that provides access to and from the project site and the nearby area will remain adequate in supporting the type and quantity of traffic generated by the existing use. Pursuant to Downey Landing Specific Plan Section 6(C), there are two (2) findings that must be adopted prior to approving the Conditional Use Permit. The findings are as follows: A. The proposed use is consistent with the Amended Downing Landing Specific Plan; The proposed live entertainment is permitted upon the granting of a Conditional Use Permit in accordance with Appendix A: Permitted and Conditional Uses of the Tierra Luna Marketplace designation within the Downey Landing Specific Plan. The proposed use directly complies, or has been conditioned to comply, with all relevant development provisions within the Specific Plan. These provisions include, but are not limited to, review process, accessibility, amount of parking and noise. The proposed use is intended to provide an additional amenity to complement an existing restaurant which meets the goals of the Specific Plan. Conditional Use Permit - PLN -19-00191 May 20, 2020 - Page 5 PC AGENDA PAGE 5 B. The Location, size and operating characteristics of the proposed land use are compatible with and will not adversely impact surrounding uses; The request is for a CUP to introduce live entertainment into the already existing restaurant land use. The restaurant operations will remain the same. Accommodating the live entertainment will consist of removing two dining tables and replacing them with a table to hold disc -jockey equipment. Unlike other forms of live entertainment, this permit does not request readjustment of the dining layout or introduction of a dance floor/area. Patrons will partake in the same activities as before, but now with music produced by a disc -jockey, karaoke or live performances via open microphone events. Live playing of music, through singing or acoustic instruments, will be performed voluntarily by patrons and not by booking of talent. Live entertainment as it pertains to this application is not considered a new use, but rather complimentary to the existing use. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. CONCLUSION Based on the analysis contained within this report, it is concluded that the proposed Conditional Use Permit will not negatively impact and is compatible with adjoining land uses. Furthermore, all findings required for approval can be made in a positive manner. As such, it is recommended that the Planning Commission approve the Conditional Use Permit (PLN -19-00191), thereby allowing live entertainment at a full service restaurant. EXHIBITS A. Maps B. Draft Resolution C. Project Plans Conditional Use Permit - PLN -19-00191 May 20, 2020 - Page 6 PC AGENDA PAGE 6 Location Conditional Use Permit - PLN -19-00191 May 20, 2020 - Page 7 PC AGENDA PAGE 7 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT PLN -19-00191, THEREBY ALLOWING A FULL SERVICE RESTAURANT TO FUNCTION WITH LIVE ENTERTAINMENT IN THE FORM OF A DISC -JOCKEY, KARAOKE, AND OPEN -MICROPHONE 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 November 19, 2019, Tina Sohne (hereinafter "applicant"), submitted a request for a Condition Use Permit to allow for live entertainment at an existing full service restaurant; and, B. On December 19, 2019, the applicant was issued a letter deeming the application incomplete. C. On April 13, 2020, the application was deemed complete after all required documents were submitted and reviewed. D. On May 7, 2020, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, E. The Planning Commission held a duly noticed public hearing on May 20, 2020, 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 regarding the Conditional Use Permit, 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 subject site is located within an active shopping center that contains similar restaurant uses so the project should not cause a nuisance related to public convenience or general welfare to any nearby businesses. The restaurant is located approximately 850 feet away from residential properties, therefore nearby residents should not be burdened by the proposed use. Rather, the project aims to diversify the amount of goods and services available to residents and patrons of city businesses. The following General Plan policy is promoted by the proposed CUP: PC AGENDA PAGE 9 Resolution No. Downey Planning Commission Policy 1.1.4 — Provide an appropriate amount of land use for people to acquire goods and services The CUP promotes the above policy by expanding the availability of live entertainment which aims to complement the existing restaurant that it will serve. This will not only continue to provide, but will also expand, the type and amount of goods and services available to the nearby community and general public. 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 proposed live entertainment is intended to complement the existing restaurant use. The live entertainment component is occasionally found within similar shopping areas. The specific form of live entertainment is viewed as a trend for many restaurants, and the proposed hours are viewed as common practice. The main use of the site will remain a restaurant and adverse impacts are not anticipated. The application does not call for any other changes to the tenant space, such as readjustment of tables and chairs or installation of a dance floor. The configuration will remain the same, with the exception of a small space being made to accommodate an 8 foot long by 2 foot wide table to hold disk -jockey equipment. Security guards have been required as a part of this approval to ensure adequate safe guards are provided to prevent future impacts. Therefore, the request is not anticipated to adversely affect the adjacent commercial businesses, nor hinder the area's potential for future growth and development. 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 proposal does not include a scope of work for additional changes to the interior or to the building's square footage. Live entertainment and the proposed hours of operation do not warrant a need for additional accommodations to the site. The proposed use will not restrict future permitted uses from occupying the site or an existing use located within the nearby area from altering their operations. In addition, the project is in full compliance with the Tierra Luna Marketplace Land Use Standards of the Downey Landing Specific Plan. Therefore, 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. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The type of live entertainment in conjunction with the ongoing operation of an existing full service restaurant is not anticipated to generate additional traffic. Live entertainment is an incidental amenity to the existing primary restaurant use. The combination of uses is common within active large shopping areas and the existing infrastructure is built to accommodate the type of use. The site is accessible via Lakewood Boulevard and Bellflower Boulevard. These street segments lead to similar nearby corridors such as Stewart & Gray Road and Imperial Highway. All four of these nearby roadways are consider major arterial corridors. Therefore, the existing transportation infrastructure that provides access to and from the project site and the nearby area will remain adequate in supporting the type and quantity of traffic PLN -19-00191 — 8860 Apollo Way May 20, 2020 - Page 2 PC AGENDA PAGE 10 Resolution No. Downey Planning Commission generated by the existing use. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: A. The proposed use is consistent with the Amended Downing Landing Specific Plan. The proposed live entertainment is permitted upon the granting of a Conditional Use Permit in accordance with Appendix A: Permitted and Conditional Uses of the Tierra Luna Marketplace designation within the Downey Landing Specific Plan. The proposed use directly complies, or has been conditioned to comply, with all relevant development provisions within the Specific Plan. These provisions include, but are not limited to, review process, accessibility, amount of parking and noise. The proposed use is intended to provide an additional amenity to complement an existing restaurant which meets the goals of the Specific Plan. B. The Location, size and operating characteristics of the proposed land use are compatible with and will not adversely impact surrounding uses. The request is for a CUP to introduce live entertainment into the already existing restaurant land use. The restaurant operations will remain the same. Accommodating the live entertainment will consist of removing two dining tables and replacing them with a table to hold disc -jockey equipment. Unlike other forms of live entertainment, this permit does not request readjustment of the dining layout or introduction of a dance floor/area. Patrons will partake in the same activities as before, but now with music produced by a disc -jockey, karaoke or live performances via open microphone events. Live playing of music, through singing or acoustic instruments, will be performed voluntarily by patrons and not by booking of talent. Live entertainment as it pertains to this application is not considered a new use, but rather complimentary to the existing use. SECTION 5. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves Conditional Use Permit PLN -19-00191, subject to conditions of approval attached hereto as Exhibit 'A', 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 -19-00191 — 8860 Apollo Way May 20, 2020 - Page 3 PC AGENDA PAGE 11 Resolution No. Downey Planning Commission SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of May 2020. Miguel Duarte, 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 2020, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PLN -19-00191 — 8860 Apollo Way May 20, 2020 - Page 4 PC AGENDA PAGE 12 Resolution No. Downey Planning Commission PLN -19-00191 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit allows for live entertainment at an existing restaurant with incidental alcohol sales. 2) The form of live entertainment is limited to disc jockey, karaoke and open microphone. Open microphone permits patrons to voluntarily perform in front of other patrons through singing, playing acoustic instruments, sharing poetry, or stand-up comedy. 3) The permitted hours of operation for live entertainment are as follows: Thursday — Sunday 9:00 p.m. — 1:30 a.m. 4) Live entertainment shall cease thirty (30) minutes prior to closing. 5) "Last call" for alcohol purchases shall occur thirty (30) minutes prior to closing. 6) Prior to the submittal of plans into Building and Safety Plan Check or commencement of business, whichever occurs first, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 7) The site shall remain in conformance with this request and the approved set of plans. 8) The Planning Commission reserves the right to revoke or modify this CUP if any violation of the approved conditions occurs, or any violation of the Downey Municipal Code occurs. 9) The Planning Commission reserves the right to revoke or modify this CUP if harm or operational problems such as criminal or anti -social behavior occur. Examples of harmful or operation behaviors include, but not limited to, violence, public drunkenness, vandalism, solicitation and/or litter. 10) Approval of Conditional Use Permit PLN -19-00191 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. 11) Applicant shall comply with all conditions of PLN -19-00191 before this Conditional Use Permit becomes valid. 12) 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 PLN -19-00191 — 8860 Apollo Way May 20, 2020 - Page 5 PC AGENDA PAGE 13 Resolution No. Downey Planning Commission 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. 13) 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. 14) The business owner shall consent to and provide access to all areas of the subject premises without charge during normal business hours to any Police Department or other City Official for purposes of verifying compliance with any of the Conditions of Approval of this CUP, as well as with any Police Permit and approved Security Plan. 15) All rules and regulations set forth by the California Department of Public Health and the Los Angeles County Department of Public Health shall be enforced and complied with. The applicant shall be subject to any and all applicable orders issued by these agencies to protect the public health such as the most recent orders for social distancing and operational restrictions related to the COVID-19 coronavirus pandemic. 16) All Department of Alcoholic Beverage Control rules and regulations shall be enforced and complied with. The applicant shall submit to the City Planner a copy of the Department of Alcoholic Beverage Control license, including any and all conditions imposed, which will be kept on file in the Planning Division office. 17) It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. 18) The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves of innocent victims as a result of the excessive consumption of alcoholic beverages. C) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d) Methods for dealing with intoxicated customers and recognizing underage customers. PLN -19-00191 — 8860 Apollo Way May 20, 2020 - Page 6 PC AGENDA PAGE 14 Resolution No. Downey Planning Commission 19) The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria; a) Department of Alcoholic Beverage Control L.E.A.D. Program Telephone (916) 419-2500. 20) All signs shall comply with Chapter 6 of the Downey Municipal Code. 21) 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. 22) Cover charge for the admission to the business shall only be permitted during the display of pay-per-view sporting events. During such events TV monitors shall be blocked from or oriented away from the public right of way. There shall be no cover charge during any other time. 23) The subject property and surrounding area must be maintained free of trash, litter, and debris at all times. 24) The owner/applicant shall ensure that all entry and exit doors to and from the subject business remain closed during live entertainment hours of operation. 25) The owner/applicant shall not permit any loitering on the subject site. 26) Customers shall not be within the business after the specified closing time. 27) The sale of alcohol shall be incidental to the sale of food. 28) 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. 29) 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. 30) The sale of alcoholic beverages for off the premises consumption shall be prohibited. Consumption of alcoholic beverages shall be prohibited outside of the tenant space or designated outdoor dining area when in use. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. 31) 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. 32) The rear door shall only be accessible to employees (unless required for an emergency), and must remain shut when not in use. 33) Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M. PLN -19-00191 — 8860 Apollo Way May 20, 2020 - Page 7 PC AGENDA PAGE 15 Resolution No. Downey Planning Commission 34) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval for Conditional Use Permit PLN -19-00191, into the approved set of building plans. BUILDING 35) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 36) Prior to the commencement of any construction, the applicant shall obtain all required permits. Once permits are issued, the applicant shall obtain all necessary inspections and permit final prior to occupancy of the business. 37) The Title Sheet of the plans shall include: a) Occupancy Group b) Occupant Load C) Description of use d) Floor area of building(s) and/or occupancy group(s). POLICE 38) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 39) The owner/applicant must provide a minimum of four (4) licensed and bonded, uniformed patrolmen or security guards on-site during the hours of 9:00 p.m. to 2:30 a.m. on Thursdays, Fridays, Saturdays and Sundays. The number of security guards may be increased or decreased as the Chief of Police determines is necessary. 40) 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). Signs shall be posted along the entry/ exit ways and shall also include verbiage prohibiting the possession and consumption of alcohol outside the premises. 41) The owner/applicant shall not permit any loitering in front of the business. 42) 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. 43) Payment for beverage services shall be made only after such services have been provided to the patrons by the business. 44) 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. 45) The Licensee shall be responsible for monitoring the business to prevent anyone under the age of 21 from purchasing or consuming alcohol. PLN -19-00191 — 8860 Apollo Way May 20, 2020 - Page 8 PC AGENDA PAGE 16 Resolution No. Downey Planning Commission 46) 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. 47) Upon the determination by the Chief of Police that the operation of the business requires additional on-site security, the applicant shall submit and obtain approval of a revised security plan to 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. The security plan shall be submitted to the Police Department within fourteen (14) days of being requested. Should the Police Department request any additional information or modifications, the business owner/permittee shall submit said revisions within forty-eight (48) hours of notification. FIRE 48) The applicant is responsible for obtaining all necessary permits prior to the commencement of construction. 49) Provide the City of Downey Fire Department with a final floor plan, schedule and specifications of all equipment. 50) If not already provided, install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1]. 51) Premises shall be appropriately addressed. An approved address identification shall be provided that is legible and placed in a position that is visible from the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code §505.1]. 52) Provide occupancy load sign to the occupancy [CA Fire Code §1004]. 53) Egress shall be designed to meet requirements of CA Building Code and Chapter 10 of the CA Fire Code for occupant load, number of egresses, egress sizing, etc. 54) The establishment shall comply with all current code requirements for the occupancy use and type. PUBLIC WORKS 55) The applicant is responsible for obtaining all necessary plan approvals and permits. 56) If any hazardous material is encountered on the site that has the potential to reach the ground water supply, the owner/applicant shall secure a permit for the State Regional Water Quality Control Board. 57) The owner/applicant must comply with all applicable Federal, State and local rules and regulations, American Disabilities Act (ADA), including compliance with South Coast Air Quality Management District (SCAQMD) regulations. [End of Conditions] PLN -19-00191 — 8860 Apollo Way May 20, 2020 - Page 9 PC AGENDA PAGE 17 F.F. PLAN NOTES SEATING COUNT SUMMARY r 1C�SWE vmm mull V aI A � 0 NI Elie ,jNNN_iN , . sEum zTE �*■ �iaiE SSNTxc. • i L b Ya d+i ¢ on r co � a � z L LJ ,A4;101 FURNITURE PLAN A4.102 ADA TABLE DETAIL A 4.3