HomeMy WebLinkAboutPC Reso 12-2754RESOLUTION NO. 12-2754
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -11-00261 (SITE PLAN REVIEW AND REVISION "E" TO
CONDITIONAL USE PERMIT NO. 02-09), A REQUEST TO CONSTRUCT A TOTAL OF
911 SQUARE FOOT ADDITION TO THE DOWNEY BREWING RESTAURANT, ON
PROPERTY LOCATED AT 10924 PARAMOUNT BOULEVARD, 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. Revision "A" to Conditional Use Permit No. 02-09 (Officially Numbered CUP 08-
29, Revision "A"). On April 16, 2008, the Planning Commission approved
Revision "A", to allow the live entertainment and karaoke at an existing restaurant
at 10924 Paramount Boulevard; and,
C. Revision "B" to Conditional Use Permit No. 08-29. On September 2, 2009, the
Planning Commission approved Revision "B" regarding a request by Walter
Vazquez (Hereinafter "Applicant") and the owner and operator of the Downey
Brewing Co., to modify Conditions No. 4 and 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, on property at 10924 Paramount Blvd; and,
D. Revision "C" to Conditional Use Permit No. 08-29. On January 20, 2010, the
Planning Commission adopted Resolution No. 10-2624 approving Revision "C",
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 and Condition 42. The Planning Commission
Resolution No. 12-2754
Downey 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"; and,
Revision "D" to Conditional Use Permit No. 08-29. On July 6, 2012, the Planning
Commission adopted Resolution No. 11-2723 approving Revision "D", thereby
permitting the operation of the Downey Brewing Company with live entertainment
and a Department of Alcoholic Beverage Control Type 47 (On -Sale General —
Eating Place) license, in addition to the Type 75 (On -Sale General — Brewpub)
license that is already in effect. This approval also provided an extra hour for the
live entertainment, thus allowing these activities to occur from 5:00 p.m. to 1:00
a.m.; and,
J. An application was filed by Sergio Vazquez, (hereinafter "applicant") requesting
PLN -11-00261 (Site Plan Review and Revision "E" to Conditional Use Permit No.
02-09) to construct a total of 911 square foot addition to the Downey Brewing
Company, on property at 10924 Paramount Blvd, zoned DDSP (Downtown
Downey Specific Plan) (hereinafter "subject property") (AIN 6251-038-013); and,
K. On February 2, 2012, notice of the public hearing was sent to all property owners
within 500' of the subject site and the notice was published in the Downey Patriot,
on February 3, 2012; and,
L. 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 aforesaid public hearings, adopted Resolution No. 12-2754,
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:
A. That the site plan is consistent with the goals and polices embodied in the
General Plan and other applicable plans and policies adopted by the Council.
The plan PLN -11-00261 is consistent with the goals and policies of the Downey
PLN -11-00261 — 10924 Paramount Blvd
February 15, 2012 — Page 2
Resolution No. 12-2754
Downey Planning Commission
General Plan (Vision 2025) because Goal 8.1 of the Design Element is to
"Promote quality design for new, expanded and remodeled construction" and
Policy 8.1.1 seeks to promote architectural design of the highest quality. The
applicant proposes to construct an addition that will convey the existing
commercial theme on site. Goal 9.1 of the General Plan is "Attract and retain
businesses and Program 9.1.1.5 seeks to continue the revitalization of
commercial and industrial corridors. The proposed structure will continue the
revitalization efforts of Paramount Boulevard and Third Street and the proposed
project translates into attracting other businesses to Downtown.
B. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located. The subject site
is zoned Downtown Downey Specific Plan, which allows the construction of a new
structure, subject to the approval of a site plan review application by the
Commission. The proposed project complies with all development standards and
is consistent with the purpose of the DDSP zone. The Applicant has adhered to
the City's approval process for site plan review, which resulted in the orderly
development of the site while maintaining compatibility with the surrounding land
uses.
C. That the proposed development's site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City. Staff has attached conditions of approval to PLN -
11 -00261, to ensure that the proposed development will integrate harmoniously
and enhance the character of the surrounding properties by providing a new
modern appearance. The proposed additions will incorporate smooth stucco
finishes with slate rock material. The enhanced exterior of the restaurant will
allow recent efforts to revitalize buildings in this vicinity to continue.
D. That the site plan and location of the buildings, parking areas, signs, landscaping,
luminaries, and other site features indicate that proper consideration has been
given to both the functional aspects of the site development, such as automobile
and pedestrian circulation, and the visual effects of the development from the
view of the public streets. The subject site is developed with a building,
landscaping and parking facilities in place. The proposed additions will
significantly enhance the building fagade, especially along Paramount Boulevard.
All existing pedestrian walkway, driveways and drive aisles will not be modified.
As such, patrons and vehicles should be able to navigate the site efficiently and
safely.
E. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities. The proposed additions illustrate an architectural design
that differs from other uses nearby, but incorporates building materials (stucco
and aluminum) found on the nearby buildings. Staff has incorporated conditions
of approval for PLN -11-00261, to ensure that the proposed additions will blend
harmoniously with architectural design of the surrounding buildings.
F. That the site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
The proposed structure's design and color will integrate harmoniously with
PLN -11-00261 — 10924 Paramount Blvd
February 15, 2012 — Page 3
Resolution No. 12-2754
Downey Planning Commission
neighboring properties to the north and east since these are currently developed
with commercial buildings. The project will allow the expansion to improve the
business further and increase its revenues significantly. The proposed project is
an expansion to the existing structure that complies with the current Building
Code and Fire Code regulations for structural integrity and fire safety.
G. That the proposed development's site plan and its design features will include
graffiti -resistant features and materials in accordance with the requirements of
Section 4960 of Chapter 10 of Article IV of this Code. Section 4960 allows the
City to consider imposing conditions reasonably related to the mitigation of the
impacts of graffiti. Thus, the Conditions of Approval for PLN -11-00261 will
include a condition stating that the design features will incorporate graffiti
resistant materials.
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 PLN -11-00261
(Site Plan Review), 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.
MichaelMurray, Chairm n
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 15th day of
February 2012, by the following vote, to wit:
AYES: COMMISSIONERS: Morales, Kiefer, Lujan, Murray
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Garcia
�- i0
Theresa Donahue, Secretary
City Planning Commission
PLN -11-00261 —10924 Paramount Blvd
February 15, 2012 — Page 4
Resolution No. 12-2754
Downey Planning Commission
EXHIBIT A — CONDITIONS
PLN -11-00261
(SITE PLAN REVIEW AND REVISION "E"
TO CONDITIONAL USE PERMIT NO. 02-09)
PLANNING
1) The Downey Planning Commission grants this approval of PLN -11-00261 (Site Plan
Review) for the construction of 911 square foot addition to Downey Brewing Company at
10924 Paramount Blvd, as shown on the approved site plan, floor plan, and elevations.
2) The approval of PLN -11-00261 also includes Revision "E" to Conditional Use Permit No.
02-09, to allow 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.
3) The applicant shall work with Planning Staff to provide a new architectural design for the
entryway that includes an A -frame or gable roof structure.
4) The applicant shall incorporate anti -graffiti elements into the building design, such as
non -porous coatings on exterior wall surfaces, plant materials, and anti -graffiti film on
windows, subject to the approval of the City Planner.
5) 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.
6) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
7) The 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.
8) 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.
PLN -11-00261 —10924 Paramount Blvd
February 15, 2012 — Page 5
Resolution No. 12-2754
Downey Planning Commission
9) The permitted hours of operation of the business are 10:00 a.m. to 2:00 a.m. daily.
10) 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.
11) There shall be no cover charge for the admission to the business, except for during pay-
per-view events.
12) 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.
13) Customers shall not be within the business after closing time.
14) 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.
15) 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.
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.
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.
19) 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.
20) 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.
21) 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 48
hours.
PLN -11-00261 —10924 Paramount Blvd
February 15, 2012 — Page 6
Resolution No. 12-2754
Downey Planning Commission
22) The owner/applicant shall not permit any loitering on the property.
23) All signs shall comply with the requirements set forth in the Downey Municipal Code.
24) All conditions of approval of PLN -11-00261 shall be complied with before this Site Plan
Review become valid.
25) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval for PLN -
11 -00261, into the approved set of building plans.
POLICE
26) Prior to commencement of business, the applicant shall obtain a Police Permit for the live
entertainment.
27) Payment for alcoholic beverage services shall be made only after such services have
been provided to the patrons by the business.
28) 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, there shall be no sandals or tank tops after 8:00 p.m.
29) 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.
30) 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.
31) 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.
32) 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
33) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
34) The applicant shall obtain permits for any construction.
35) The applicant shall clearly post the maximum occupancy, as determined by the Building
Official and the Fire Chief. The applicant shall not permit the actual occupancy of the
building to exceed the maximum allowed.
PLN -11-00261 — 10924 Paramount Blvd
February 15, 2012 — Page 7
Resolution No. 12-2754
Downey Planning Commission
FIRE
36) All construction shall comply with the requirements of the 2010 California Fire Code, as
amended by the City of Downey.
PUBLIC WORKS
37) 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.
38) The applicant shall install all new utilities associated with this project underground.
39) 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.
40) 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.
41) The owner/ applicant shall maintain the on-site inlet drain boxes and to prevent future
clogs.
H:\Community Development\Planning Commission\Resolutions\2012\12-2754 reso.doc
PLN -11-00261 —10924 Paramount Blvd
February 15, 2012 — Page 8