HomeMy WebLinkAboutPC Reso 12-2756RESOLUTION NO. 12-2756
A, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN CASE NO. 12-00003 (CONDTIONAL USE
PERMIT) - A REQUEST TO OPERATE A RESTAURANT AND BAR (LOCK
AND KEY), WITH ALCOHOL SALES (ABC LICENSE TYPE 47, ON -SALE
GENERAL/ EATING PLACE) AND LIVE ENTERTAINMENT, AT 11033
DOWNEY AVENUE, ON PROPERY 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 January 4, 2012, Marc Shelton (hereinafter "Applicant") filed a Land Use
Permit Application to request approval of a conditional use permit (PLN Case No.
12-00003) to operate a restaurant and bar, with live entertainment, and with a
State of California Department of Alcoholic Beverages Control Type 47 license
(On -Sale General /Eating Place), at 11033 Downey Avenue, Downey, California
(hereinafter "subject property").
B. The subject property is zoned DDSP (Downtown Downey Specific Plan).
C. The General Plan designation of the subject property is MU (Mixed Use).
D. On February 2, 2012, notice of the pending public hearing was sent to all property
owners within 500' of the subject site and it was published in the Downey Patriot.
E. The Planning Commission held a duly noticed public hearing on February 15,
2012, and, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, adopted Resolution No. 12-2756,
approving PLN 12-00003.
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:
A. The requested conditional use permit for the restaurant/bar will not adversely
affect the purpose and intent of the Downey Municipal Code. The subject property
is within the DDSP (Downtown Downey Specific Plan) zone, and it is adjacent to
other properties with the same zoning designation. The requested conditional
use permit will allow a Type 47 (On -Sale General, Eating Place) alcohol license at
the new restaurant but 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 because the site is developed as
commercial use and service the immediate neighborhood already. The subject
site has a General Plan Land Use Designation of Mixed Use, which is
implemented by the Downtown Plan Overlay Zone. General Plan Program No.
1.2.2.1 states, "Promote the downtown area as a destination point for
Resolution No. 12-2756
Downey Planning Commission
entertainment, dining, civic; and other activities." Allowing a restaurant/bar with
live entertainment in the Downtown Core area will encourage people to come into
the downtown and remain there.
B. The proposed Conditional Use Permit will not adversely affect the adjoining land
uses since the proposed use generally conforms to its DDSP zone development
standards. The alcohol license will compliment the proposed restaurant and
surrounding commercial uses and will serve the public with a use that the
Downtown Downey Specific Plan deems appropriate for uses within the
Downtown Core area.
C. The size and shape of the subject property is generally adequate to allow for the
new restaurant in a manner not detrimental to the area since the proposed
change does not include further expansion of the existing building.
D. The subject site is near the core area of Downtown Downey, with arterial access
being mainly provided from Firestone Blvd and/or Paramount Blvd. The Planning
Commission reviewed the proposal and any potential increase in traffic caused by
operation of the business. The surrounding streets and highways in the area have
sufficient capacity to accommodate the minimal increase in traffic that might be
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 PLN -12-00003
(Conditional Use Permit), 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 15h day of February 2012.
Michael Murray, 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 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
--
Theresa Donahue, Secretary
City Planning Commission
PLN 12-00003 (Conditional Use Permit))
11033 Downey Avenue
February 15, 2012 - Page 2
Resolution No. 12-2756
Downey Planning Commission
EXHIBIT A —
CONDITIONS OF APPROVAL
PLN -12-00003 (Conditional Use Permit)
PLANNING
1) The approval of PLN -12-00003 (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. 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 Applicant shall agree to provide ten (10) off-street parking spaces forthe restaurant/bar
PLN -12-00003 proposes by paying for parking credits in accordance with Section 5.4.2 of
the Downtown Downey Specific Plan, prior to the issuance of building permits.
5) The permitted hours of operation of the business are 4:00 p.m. to 2:00 a.m. Monday through
Wednesday and 10:00 a.m. to 2:00a.m., Thursday through Sunday.
6) 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 not more than three singers or musicians at a time, or
one disc jockey that shall provide mood music but not dance music.
7) There shall be no cover charge for the admission to the business, except for during pay-per-
view events.
8) Customers shall not be within the business after closing time.
9) 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.
10) 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.
11) 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 comply with
this condition.
12) 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.
PLN 12-00003 (Conditional Use Permit))
11033 Downey Avenue
February 15, 2012 - Page 3
Resolution -No. 12-2756
Downey Planning Commission
13) 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
applicantlowner 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.
14) 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.
15) 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.
16) 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.
17) The Applicant shall not permit any loitering on the property.
18) All signs shall comply with the requirements set forth in the Downey Municipal Code.
19) The Applicant shall remove the remnant pieces of the previous tenant's identification sign
from the front fagade of the building.
20) The City Planner shall review and approve any exterior modifications to the building,
including but not limited to painting, replacing the canopy, or adding accent materials, prior
to the initiation of said exterior modifications.
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 areworn
backwards.
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.
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.
PLN 12-00003 (Conditional Use Permit))
11033 Downey Avenue
February 15, 2012 - Page 4
Resolution No. 12-2756
Downey Planning Commission
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).
BUILDING
28) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
29) The applicant shall obtain permits for the installation of any lights/sound systems.
30) 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.
31) Tables are required to be accessible. Raised platforms for dinning requires ramp on at least
one.
FIRE
32) 2010 California Fire Code as well a City of Downey Municipal Fire Code: Fire alarm total
coverage and addressable, fire sprinkler system, all cooking equipment to be protected by a
compliant UL 300 fire suppression system, max occupant load sign above front door,
emergency lighting exit signs, panic hardware on all exit doors, extinguisher to be properly
placed throughout business, Know box w/master key, additional requirements may be
required at time of plan review.
HACommunity Development\Davis\cases\cup\PLN-12-00003 (11033 Downey)\RESO 12.doc
PLN 12-00003 (Conditional Use Permit))
11033 Downey Avenue
February 15, 2012 - Page 5