HomeMy WebLinkAboutPC Reso 11-2723RESOLUTION NO. 11-2723
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -11-00106 (CONDITIONAL USE PERMIT): A REQUEST BY
DOWNEY BREWING COMPANY TO MODIFY AN EXISTING APPROVAL OF A
CONDITIONAL USE PERMIT FOR ALCOHOL SALES, TO ADD A TYPE 47 (ON -
SALE GENERAL FOR BONAFIDE EATING PLACE) LICENSE, WHILE ALSO
MAINTAINING A TYPE 75 (ON -SALE GENERAL — BREWPUB) LICENSE IN
EFFECT, AND TO ALTER THE HOURS OF PERMITTED LIVE ENTERTAINMENT,
ON PROPERTY LOCATED AT 10924 PARAMOUNT BOULEVARD AND ZONED
DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
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 April 3, 2002, the Planning Commission approved Conditional Use Permit No.
02-09, to allow the sale of alcoholic beverages within an existing restaurant (Type
41) at 10924 Paramount Boulevard; and,
B. On April 16, 2008, the Planning Commission approved Conditional Use Permit No.
08-29, to allow the live entertainment and karaoke at an existing restaurant at 10924
Paramount Boulevard; and,
C. On September 2, 2009, the Planning Commission approved Conditional Use Permit
No. 08-29, Revision A, regarding a request by Walter Vazquez (Hereinafter
"Applicant") and the owner and operator of the Downey Brewing Co., to modify
Condition No. 4 and Condition No. 7 of the Conditions of Approval of the live
entertainment permit, and to upgrade their alcohol sales from a Type 41 (beer and
Wine) to a Type 75 (on sale general, brewpub) within the existing restaurant (Downey
Brewing Company) on property at 10924 Paramount Blvd; and,
D, On January 19, 2010, the Planning Commission adopted Resolution No. 10-2624
approving Conditional Use Permit No. 08-29, Revision B, thereby modifying the
conditions of approval to allow the Applicant ninety additional days to comply with
certain conditions of approval. Those conditions involved general maintenance
issues on the site, legalizing the patio cover located on the south side of the building,
fully enclosing the perimeters of the outdoor patio/dining area by installing gates with
self -latching panic hardware on the west and east ends of the area, posting a sign
indicating that the gate is an emergency exit only, and providing a trash enclosure
with a covered roof; and,
E On April 21, 2010, after determining that the Applicant failed to complete these tasks,
the Planning Commission adopted Resolution No. 2635, thereby granting another six
(6) month extension for the Applicant to complete the conditions of approval of
Conditional Use Permit No. 08-29, and declaring that staff shall commence a
revocation process if the conditions are not satisfied; and,
F. On November 17, 2010, the Planning Commission held a duly noticed public hearing
to conduct a final six-month review of the Applicant's compliance with Conditions 22,
23, 25, and 42 of Conditional Use Permit No. 08-29. Upon completion of this review,
the Planning Commission determined that the Applicant did not satisfy Condition 25
Resolution No. 11-2723
Downey Planning Commission
and Condition 42. The Planning Commission continued the public hearing to January
19, 2011, and granted an additional sixty (60) days for the Applicant to comply; and,
G. On January 19, 2011, the Downey Planning Commission re -opened the public
hearing to consider the Applicant's progress to comply with the conditions of
approval for Conditional Use Permit No. 08-29. The Planning Commission
determined that the Applicant did not complete all of the conditions as required;
however, they granted an additional sixty (60) days for the Applicant to comply and
continued the public hearing to April 6, 2011; and,
H. On April 6, 2011, the Downey Planning Commission re -opened the public hearing
from its Regular Meetings of November 17, 2010 and January 19, 2011, to consider
the Applicant's progress toward complying with the conditions of approval for
Conditional Use Permit No. 08-29, Revision "A". During the April 6, 2011, public
hearing, the Planning Commission determined that the Applicant satisfied all of the
conditions of approval for Conditional Use Permit No. 08-29, Revision "A.
On April 27, 2011, the Applicant filed a Planning Application to request approval of a
conditional use permit (PLN Case No. 11-00106 to request approval of a Type 47
(On -Sale General — Eating Place) license in addition to the Type 75 license
approved for the Downey Brewing Company. The Applicant also seeks to extend the
hours of live entertainment at Downey Brewing Company from 12:00 p.m. to 1:00
a.m. by modifying Condition No. 8 of the Conditions of Approval for Conditional Use
Permit No. 08-29; and
J. On June 23, 2011, notice of the pending public hearing was sent to all property
owners within 500' of the subject site and the notice was published in the Downey
Patriot on June 23, 2011.
K. The Planning Commission held a duly noticed public hearing on July 6, 2011, and,
after fully considering all oral and written testimony, facts, and opinions offered at
the aforesaid public hearing, adopted Resolution No. 11-2723, thereby approving
PLN 11-00106.
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
comply 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:
The requested Conditional Use Permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
Conditional Use Permit No. 08-29, Revision A, seeks to obtain a Type 47 alcohol
license (On -Sale General — Eating Place) in addition to the Type 75 license that is
in effect, and to extend the hours of live entertainment at Downey Brewing
Company from 12:00 p.m. to 1:00 a.m. by modifying Condition No. 8 of the
Conditions of Approval for Conditional Use Permit No. 08-29. The subject
property is within the Paramount Boulevard District of the Downtown Downey
PLN 11-00106 (CUP 08-29, Rev'C')
10924 Paramount Blvd
July 6, 2011 - Page 2
Resolution No. 11-2723
Downey Planning Commission
Specific Plan. Live entertainment and alcohol sales at the existing restaurant
provide a convenience to those members of the public who wish to enjoy
entertainment with their meals. Live entertainment, coupled with a Type 47
alcohol license and a Type 75 alcohol license is consistent with the zoning and
the General Plan and will not adversely affect the purpose and intent of neither
the General Plan, which seeks to promote the downtown area as a destination
point for entertainment, dining, civic, and other activities.
2. 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
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. Restaurants
have occupied the subject site for more than thirty years and prior approvals for
alcohol sales and live entertainment have been issued at this location. The
requested use will not affect neighboring land uses due to the nature of the use
and the manner in which the development housing the restaurant is oriented and
designed. Furthermore, the conditions of approval will mitigate the potential noise
impacts such that the business will not be a burden onto others. These
conditions are necessary to avoid any adverse affects on the adjoining properties.
3. 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, because the subject property has been utilized as a full service restaurant
for more than thirty years, with sufficient off-street parking in place. In addition,
the square footage of the building is not being expanded.
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. Paramount Boulevard serves the project
site and it is classified as a Primary Arterial Highway on the City's Master Plan of
Streets and Highways. The volume of traffic that the restaurant is estimated to
generate will not burden the highway. The subject property has been in operation
since 1984 and its traffic volumes have not adversely impacted Paramount Blvd
and Third Street. Paramount Blvd contains two lanes in each direction, which run
directly across Third Street. It would be able to absorb any additional traffic the
requested use may create.
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 'C' to
Conditional Use Permit No. 08-29 (PLN -11-00106), subject to the 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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6h day of July, 2011.
Robert Kiefer, Chairman
City Planning Commission
PLN 11-00106 (CUP 08-29, Rev'C')
10924 Paramount Blvd
July 6, 2011 - Page 3
Resolution No. 11-2723
Downey 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 61h day of July,
2611, by the following vote, to wit:
AYES:
COMMISSIONERS:
Lujan, Morales, Murray, Kiefer
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Garcia
ABSTAIN:
COMMISSIONER:
None
z " - (t .
Theresa Donahue, Secretary
City Planning Commission
PLN 11-00106 (CUP 08-29, Rev'C')
10924 Paramount Blvd
July 6, 2011 - Page 4
Resolution No. 11-2723
Downey Planning Commission
EXHIBIT A — CONDITIONS
CONDITIONAL USE PERMIT NO. 08-29, `REVISION C'
(Modifications to Conditions 1, 8 and 12 Underlined)
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1) The approval of Conditional Use Permit No. 08-29, Revision C permits the operation of a
restaurant with live entertainment and a Department of Alcoholic Beverage Control Type 47
(On -Sale General — 'Eating Place) license and a Type 75 (on -sale general - brewpub)
license. This approval shall not be intended to approve a nightclub at the subject site.
2) Approval of this Conditional Use Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City laws
and regulations. Unless otherwise expressly specified, all other requirements of the City of
Downey Municipal Code shall apply.
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) The Planning Commission shall conduct a review of this Conditional Use Permit six (6)
months after adoption of this resolution. Said review shall be conducted during a duly
noticed public hearing, and at which time, the Planning Commission may modify the
conditions of approval, require an additional review period, and allow the use to operate in
perpetuity, or begin revocation proceedings.
5) All conditions of approval of Conditional Use Permit 08-29, Revision A shall be complied with
before the Conditional Use Permit becomes valid, with the exception of the compliance days
established in conditions 22, 23, 24, 25, 26 and 41.
6) Resolution No. 2526, which approved Conditional Use Permit No. 08-29 and Resolution No.
2188, which approved Conditional Use Permit No. 02-09 is hereby revoked and deemed null
and void.
7) The permitted hours of operation of the business are 10:00 a.m. to 2:00 a.m. daily.
8) Hours of operation for the live entertainment shall be limited from 5:00 p.m. to 1:00 a.m.
Live entertainment shall be limited to live bands, karaoke, and customer dancing only.
Windows and doors shall remain closed during entertainment periods. The live
entertainment area, including the dance area shall be permitted at either end of the
restaurant, at one given time, and shall be limited to a 100 (10' x 10') sq. ft. Dancing is
limited to customers only.
9) There shall be no cover charge for the admission to the business, except for during pay-per-
view events.
10) The restaurant shall not operate as a banquet facility. Should private events utilize a portion
of the facility, the restaurant shall remain open for the general public.
11) Customers shall not be within the business after closing time.
PLN 11-00106 (CUP 08-29, Rev'C')
10924 Paramount Blvd
July 6, 2011 - Page 5
Resolution No. 11-2723
Downey Planning Commission
12) The premises shall be maintained as a bona fide restaurant and shall provide a menu
containing an assortment of foods normally offered at such restaurants. There shall be no
alcoholic beverages permitted to be taken from inside of the establishment to the existing
patio/ dining area. Alcoholic beverages may be offered for sale in the patio/dining area
provided that they are only consumed within the existing patio/ dining area.
13) 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 sale of food exceeds the
gross sale of alcohol.
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 are not considered to be in
compliance with this condition.
15) 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.
16) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq.
In any case, noise shall not exceed 65 dBA, as measured at the property line. Should any
noise complaints be formally submitted to the Police Department/ Code Enforcement, the
applicant/owner shall be responsible to hire a noise consultant to measure the dBA during a
live entertainment use, and provide the evidence to the City Planner.
17) All storefronts shall remain free and clear of any type of window displays or tinting in order to
provide adequate safety enforcement surveillance into the facility, except signs as permitted
per the Downey Municipal Code.
18) The parking lot shall be equipped with lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons on or about the parking lot.
19) The owner/applicant shall be responsible for ensuring the subject property is free of litter and
graffiti. Should graffiti be applied, the applicant shall remove the graffiti within 24 hours.
20) The owner/applicant shall not permit any loitering on the property.
21) All signs shall comply with the requirements set forth in the Downey Municipal Code.
22) The owner/applicant shall remove the existing wheel stops along the landscaped planter
areas facing along Paramount in front of the building and along the east side of the building.
Additionally, the owner/applicant shall remove the cinder blocks installs in the planter area
around the monument sign. The owner/applicant shall pour and place 6" high permanent
concrete around the landscape planters. In addition, the owner/applicant is required to
landscape the planter areas with live plant materials. The owner/applicant shall be required
to complete this condition within 90 days of this adopted resolution.
23) The owner/ applicant shall repaint the existing monument and freestanding sign trims and
base to match the existing building within 30 days of this adopted resolution.
24) The owner/applicant shall patch and slurry seal the existing asphalt parking lot within 90
days of this adopted resolution.
PLN 11-00106 (CUP 08-29, Rev'C')
10924 Paramount Blvd
July 6, 2011 - Page 6
Resolution No. 11-2723
Downey Planning Commission
25) The owner/applicant shall be required to legalize the new patio cover located on the south
side of the building. Furthermore, the owner/applicant shall fully enclose the perimeters of
the outdoor patio/dining area by installing gates with self -latching panic hardware on the
west and east ends of the outdoor patio/dining area. The gates shall swing outward towards
the parking lot. The east gate shall have a posted sign on the fence indicating that it is an
emergency exit only. The applicant shall comply with condition 25 within 90 days of this
adopted resolution.
26) The owner/applicant shall remove the phone booth along Paramount Boulevard within 30
days.
POLICE
27) Prior to commencement of business, the applicant shall obtain a Police Permit for the live
entertainment.
28) Payment for alcoholic beverage services shall be made only after such services have been
provided to the patrons by the business.
29) 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.
30) 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.
31) A copy of the Conditional Use Permit and 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.
32) The applicant shall provide licensed and bonded, uniformed patrolmen or security guards at
such times as determined by 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.
33) 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
34) All construction shall comply with the 2007 California Building Code and Title 24 of the
California Energy Code.
35) The applicant shall obtain permits for the installation of any lights/sound systems.
36) The applicant shall clearly post the maximum occupancy, as determined by the Building
Official. The applicant shall not permit the actual occupancy of the building to exceed the
maximum allowed.
PLN 11-00106 (CUP 08-29, Rev'C')
10924 Paramount Blvd
July 6, 2011 - Page 7
Resolution No. 11-2723
Downey Planning Commission
FIRE
37) All construction shall comply with the requirements of the 2007 California Fire Code, as
amended by the City of Downey.
38) The two (2) swing doors accessing to the kitchen from the dining area shall be removed
within 30 days of this adopted resolution.
39) An "emergency exit" sign shall be posted above doorways to direct patrons outside of the
building within 30 days of this adopted resolution.
PUBLIC WORKS
40) The owner/applicant shall replace all broken, uneven, or sub -standard curb, gutter, sidewalk,
driveway, disabled ramps and pavement, to the satisfaction of the Public Works. Contact
the Public Works Inspection Office at (562) 904-7110 to have these areas identified just prior
to initiating any construction plans and applying for a Public Works Excavation Permit. The
owner/applicant shall obtain all necessary plan approvals and permits and shall provide that
the standards of improvements, construction materials, and methods of construction shall be
in conformance with the Standard Plans and Specification for Public Works Construction
and as modified by the City of Downey's Standard Plans and Specifications.
41) The applicant shall install all new utilities associated with this project underground
42) The-owner/applicant-shall --provide-a trash enclosure with roof cover within 90 days and is
subject to the City Planner's approval.
43) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the
General Construction Activities Stormwater Permit (GCASP) of the State, the Stormwater
Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works,
and Ordinance 1142 of the Downey Municipal Code.
44) Prior to final of building permits, the applicant shall remove all construction graffiti created as
part of this project from the public right of way and on the subject site.
45) The owner/ applicant shall maintain the on-site inlet drain boxes and to prevent future clogs.
H:\Community Development\Planning Commission\Resolutions\2011\11-2723.doc
PLN 11-00106 (CUP 08-29, Rev'C')
10924 Paramount Blvd
July 6, 2011 - Page 8