HomeMy WebLinkAboutPC Reso 12-2753RESOLUTION NO. 12-2753
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A REVISION `B' TO CONDITIONAL USE PERMIT 84-209 (PLN -11-
00290), THEREBY MODIFYING THE CONDITIONS OF APPROVAL FOR A
RESTAURANT OPERATING WITH AN ABC TYPE 47 (ON -SALE GENERAL,
EATING PLACE) AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT
11010 PARAMOUNT BLVD, ZONED 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 November 20, 1984, the Planning Commission approved Conditional Use Permit No.
84-209 to allow the restaurant (Szechwan Restaurant) to operate with an ABC Type 47
(On -Sale General, Eating Place) license; and,
B. On June 17, 2009, the Planning Commission approved Revision 'A' to Conditional Use
Permit No. 84-209 (officially numbered CUP 09-14), thereby allowing live entertainment
at the establishment (Portofino's at Downey); and,
C. On December 28, 2011, the applicant submitted a Conditional Use Permit (PLN -11-
00290) application for Revision 'B' to Conditional Use Permit No. 84-209, a request to
modify the conditions of approval on the CUP; and,
D. On January 27, 2012, the Conditional Use Permit application was deemed complete;
and,
E. On February 3, 2012, notice of the pending application was mailed to all property owners
within 500' of the subject site and published in the Downey Patriot.
F. The Planning Commission held a duly noticed public hearing on February 15, 2012 and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearings adopted this resolution, subject to conditions of approval
(Exhibit A).
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:
The requested Conditional Use Permit will not adversely affect the purpose and intent of
the zoning code 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 has a
General Plan Land Use Designation of Mixed Use and is within the Downtown Downey
Specific Plan. It is the intent of the Mixed Use designation and the Downtown Specific
Plan to encourage development that exhibits the physical design characteristics of
pedestrian -oriented, storefront -style shopping streets that creates a more active and
vibrant street life. By allowing the modifications to the CUP, the business will be allowed
to operate in a manner that is conducive to pedestrian traffic and will serve people who
Resolution No. 12-2753
Downey Planning Commission
live and work in the area. This includes providing for non -amplified music in the outdoor
eating area, which will create a more vibrant street life along Paramount Blvd.
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 subject site is in a
fully developed area of the City, with little to no vacant properties in the immediate area.
Inasmuch as the restaurant already has approvals to operate with alcohol sales and live
entertainment the modified conditions of approval will not affect surrounding properties.
Furthermore, the success of this business can serve to draw people into the area, which
will encourage growth and development of 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.
The proposed use will be contained within an existing site, which does not require an
expansion of the buildings. The restaurant is a permitted use on the site and has
sufficient parking, setbacks, and landscaping to allow it to operate within creating a
detriment to others.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. Access to the subject site is from Third Street. The
proposed modifications are not anticipated to increase traffic. Furthermore, the
surrounding streets and highways in the area have sufficient capacity to accommodate
the existing traffic generated by the business
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 'B' to Conditional Use
Permit No. 34-209 (PLN -11-00290), 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
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of February, 2012.
Michael urray, Chairman
City Planning Commission
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 15th day of February,
2012, by the following vote, to wit:
AYES:
COMMISSIONERS:
Morales,
Kiefer, Lujan, Murray
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Garcia
ABSTAIN:
COMMISSIONER:
None
lel-,.,
Theresa Donahue, Secretary
City Planning Commission
PLN -11-00290 — 11010 Paramount Blvd
February 15, 2012 - Page 2
Resolution No. 12-2753
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -11-00290)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit permits the operation of a restaurant with live
entertainment and a Department of Alcoholic Beverage Control Type 47 (On -Sale
General - Eating Place) license.
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 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.
5) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
6) Resolution No. 819, which approved CUP No. 84-209, and Resolution No. 09-2589,
which approved Revision 'A' to CUP 84-209, are hereby revoked and deemed null and
void.
7) The permitted hours of operation of the business are as follows:
a) Monday and Tuesday — 7:00 a.m. until Midnight.
b) Wednesday through Sunday — 7:00 a.m. until 2:00 a.m. the following morning.
8) Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer
dancing only. Live entertainment shall only be allowed within the building and not in the
outdoor dining area or the parking lot; with the exception that non -amplified mariachis
may be allowed to perform in the outdoor dining area. All live entertainment shall cease
one (1) hour prior to closing.
9) There shall be no cover charge for the admission to the business.
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.
PLN -11-00290 — 11010 Paramount Blvd
February 15, 2012 - Page 3
Resolution No. 12-2753
Downey Planning Commission
11) The applicant is permitted to offer prepaid, pre -fixed prices for private events; however,
alcoholic beverages shall not be offered in the prefixed price and shall be charged
separately and after service has been provided to the patrons. Additionally, the
restaurant shall remain open to the general public, who shall be allowed to order off the
menu.
12) Customers shall not be within the business after the specified closing time.
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 sales of food exceed
50% the gross sale of alcohol.
14) Alcohol shall not be sold for off-site consumption.
15) The sale of alcohol shall be incidental to the sale of food within the dining room.
16) 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.
17) 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.
18) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seri. In any case, noise shall not exceed 65 dBA, as measured at the property line.
19) All signs shall comply with the requirements set forth in the Downey Municipal Code.
20) Any graffiti applied on the site shall be removed by the applicant within 48 hours.
POLICE
21) Prior to commencement of business, the applicant shall obtain a Police Permit for the live
entertainment.
22) Payment for alcoholic beverage services shall be made only after such services have
been provided to the patrons by the business.
23) 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. Additionally, the dress code shall prohibit sandals and/or tank tops
after 8:00 p.m.
24) 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.
25) 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.
PLN -11-00290 — 11010 Paramount Blvd
February 15, 2012 - Page 4
Resolution No. 12-2753
Downey Planning Commission
26) 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.
27) 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).
HACommunity Development\Planning Commission\Resolutions\2012\12-2753.doc
PLN -11-00290 — 11010 Paramount Blvd
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