HomeMy WebLinkAboutPC Reso 20-3117RESOLUTION NO. 20-3117
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:
Resolution No. 20-3117
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
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Resolution No. 20-3117
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.
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Resolution No. 20-3117
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of May 2020.
z
Miguel uarte, hairman
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:
Duarte, Frometa, Owens and Spathopoulos
NOES: COMMISSIONERS:
None
ABSENT: COMMISSIONERS:
Dominguez
ABSTAIN: COMMISSIONERS:
None
�-L `--- I/` -
Mary Ca nagh, Secretary
City Pla ing Commission
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Resolution No. 20-3117
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 patronsthrough
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
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Resolution No. 20-3117
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.
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Resolution No. 20-3117
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.
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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.
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Resolution No. 20-3117
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.
PUBI`IC 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]
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