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HomeMy WebLinkAbout3. PLN-19-00172 12002 LakewoodSTAFF REPORT PLANNING DIVISION DATE: DECEMBER 15, 2021 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DEPUTY CITY MANAGER/COMMUNITY DEVELOPMENT REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER SUBJECT: PLN-19-00172 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW LIVE ENTERTAINMENT AT AN EXISTING FULL-SERVICE RESTAURANT. LOCATION: 12002 LAKEWOOD BLVD. ZONING: DOWNEY LANDING SPECIFIC PLAN REPORT SUMMARY This is a request for a Conditional Use Permit (CUP) to allow for live entertainment at a full- service restaurant, El Pescador, located within the Downey Landing Shopping center. The live entertainment will consist of a disc-jockey only, no dancing is proposed as part of this request. The business began operation of the restaurant with a Type 47 On-Sale General ABC license in October of 2019 and has remained in operation since. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT PLN-19-00172, THEREBY ALLOWING A FULL-SERVICE RESTAURANT TO FUNCTION WITH LIVE ENTERTAINMENT IN THE FORM OF A DISC-JOCKEY BACKGROUND The subject site is a 9,052 square foot building located at the “Downey Landing” within the Downey Landing Specific Plan, and has a General Plan land use designation of Mixed Use. This area of the Downey Landing is made up primarily of similar restaurants, such as Chili’s, Carino’s Italian Grill, Starbucks, and Ono Hawaiian BBQ. The rest of the Downey Landing includes large retail establishments, such as Best Buy, Harbor Freight, Marshalls, and Petsmart. The restaurant’s existing customer area currently consists of a dining area, bar, and outdoor patio. PC Agenda Page 1 Conditional Use Permit - PLN-19-00172 December 15, 2021 - Page 2 The Downey Landing stretches between Lakewood Boulevard and Bellflower Boulevard along Stewart and Gray Road. Primary vehicular access is by way of Lakewood Boulevard and Stewart and Gray Road, with a rear vehicular entrance from Bellflower Boulevard. The shopping center is located adjacent to the Promenade center to the South, zoned SP01-01. The properties to the north, across Stewart and Gray Road, are residentially developed, and zoned R-1 and R-3. The properties to the east, across Bellflower Boulevard are residentially developed and zoned R-3. The properties across Lakewood Boulevard are developed with commercial and residential uses, and zoned C-1 and H-M. On October 30, 2019 the applicant filed a request for a CUP. Subsequently, the application was deemed incomplete November 30, 2019 to allow the applicant to address some minor revisions. On May 27, 2021, the applicant submitted revised plans, but were again deemed incomplete due to lack of information. On October 5, 2021, after submitting all required documents the application was deemed complete on November 4, 2021. On December 2, 2021, notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500 feet of the subject property. Existing Frontage – El Pescador Restaurant DISCUSSION The request is an application to conduct live entertainment in the form of a disc-jockey at the existing full-service restaurant “El Pescador”. Through the analysis of this application, the request was found to have potentially less impacts than other live entertainment applications, and the activities compliment the main use of the full-service dining restaurant. Existing hours of operation are Monday – Sunday 7:00 a.m. – 2:00 a.m. The applicant seeks approval for live entertainment from Monday – Sunday 7:00 p.m. – 1:00 a.m. There are no proposed changes to the hours of operation in conjunction with this application. El Pescador will continue to operate as a full-service restaurant use with incidental alcohol sales. The applicant and future operators are limited to alcohol sales consistent with ABC License Type 47 (On Sale –Eating Place), which requires the applicant to limit the sale of alcohol to no more than half (50%) of their total gross revenue. No changes are being proposed to alter the existing square footage of the restaurant and the request for live entertainment does not cause any changes to the current parking demand. The applicant submitted a security plan that was reviewed and approved by the City of Downey Police Department. To accommodate the addition of live entertainment, security will be provided PC Agenda Page 2 Conditional Use Permit - PLN-19-00172 December 15, 2021 - Page 3 through a total of two security guards Monday through Wednesday, 6:00 p.m. to 2 a.m., four security guards on Thursday, from 6:00 p.m. to 2:00 a.m., and 5 security guards, Friday through Sunday, from 6:00 p.m. to 2:00 a.m. The number of security guards was determined by the Downey Police Department in an effort to maintain a low amount of public nuisance incidents. The DJ is proposed within the main dining area, an area measuring 4’ x 13.5’ (54 square feet) and will eliminate two dining tables. The DJ will provide ambient music nightly, between the hours of 7:00 p.m. to 1:00 a.m., and no dancing is proposed as part of this request. The applicant has indicated that he does not intend for this facility to become a night-club due to the potential negative impacts associated with those types of businesses. Multi-family residences are located across Lakewood Boulevard, 105-feet from the subject site. The restaurant includes two outdoor dining areas, with one of those outdoor dining areas located along the west side of the restaurant, facing Lakewood Boulevard. Therefore, staff has added a condition of approval that prohibits the doors leading to the outdoor dining areas from being propped open between the hours of 7:00 p.m. to 1:00 a.m., and requires that the applicant turn off the all outdoor speakers by 10:00 p.m., Monday-Sunday. Additional conditions have been incorporated in an effort to mitigate any potential nuisance. DEVELOPMENT REVIEW COMMITTEE The Development Review Committee (DRC) discussed and evaluated the project as it pertains to Planning, Police, Fire, Public Works, and Building and Safety matters. The Police Department reviewed the security plan and requested that a higher number of security guards be provided on the weekends, from 6:00 p.m. to 2:00 a.m. The applicant revised their security plan to meet this request and the Police Department is satisfied with the revisions. No other departments expressed concerns or opposition over the project, and issued standard conditions. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Conditional Use Permit for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of CEQA. Class 1 exemptions consist of projects that involve no/negligible expansion of the existing use. FINDINGS Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to approving the Conditional Use Permit. The findings are as follows: 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 restaurant is a detached building located within an active shopping center that contains similar restaurant uses and retail establishments. The project has been conditioned to reduce the potential noise impacts associated with live entertainment, so the project is not expected to cause a nuisance to any nearby businesses or residences. The restaurant property line is located approximately 105 feet away from residentially PC Agenda Page 3 Conditional Use Permit - PLN-19-00172 December 15, 2021 - Page 4 developed properties across Lakewood Boulevard. Conditions have been added that will reduce the potential for impacts to businesses and residents from the proposed use. The project aims to diversify the services available to residents and patrons of city businesses. The following General Plan policy is promoted by the proposed CUP: Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods and services The proposed use 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 the 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. A live entertainment component is found within similar shopping areas. The specific form of live entertainment reflects a newer trend for many restaurants where they provide music as background for diners. 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 to accommodate the 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. As conditioned, 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 request does not include a proposal to significantly alter the interior floor plan or increase the building’s square footage. The proposed use will not restrict future permitted uses from occupying the site or require an existing use to alter their operations as a result of the live entertainment request. In addition, the project is in full compliance with the Downey Landing Specific Plan. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed disc-jockey as a complement to the ongoing operation of an existing full- service restaurant is not anticipated to generate additional traffic. The proposed background music 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, both major arterials and Stewart and Gray Road, a secondary arterial. 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 generated by the existing use. Pursuant to Downey Landing Specific Plan Section 6(C), there are two (2) findings that must be adopted prior to approving the Conditional Use Permit. The findings are as follows: PC Agenda Page 4 Conditional Use Permit - PLN-19-00172 December 15, 2021 - Page 5 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 within the Downey Landing Retail Center. 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, including hours of operation. Accommodating the live entertainment will consist of removing a dining table and replacing it with the disc-jockey area. 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. Live entertainment as it pertains to this application is not considered a new use, but rather complimentary to the existing use. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. CONCLUSION Based on the analysis contained within this report, all findings required for approval can be made in a positive manner. As such, it is recommended that the Planning Commission approve the Conditional Use Permit (PLN-19-00172). EXHIBITS A. Maps B. Draft Resolution C. Project Plans PC Agenda Page 5 Conditional Use Permit - PLN-19-00172 December 15, 2021 - Page 6 Location Aerial Photograph PC Agenda Page 6 Conditional Use Permit - PLN-19-00172 December 15, 2021 - Page 7 Zoning PC Agenda Page 7 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT PLN-19-00172, THEREBY ALLOWING A FULL-SERVICE RESTAURANT TO FUNCTION WITH LIVE ENTERTAINMENT IN THE FORM OF A DISC-JOCKEY 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 October 30, 2019, Luis Niebla, on behalf of the Downey Hospitality Group (hereinafter “applicant”), submitted a request for a Conditional Use Permit to allow for live entertainment in the form of a disc-jockey at an existing full- service restaurant; and, B. On November 30, 2019, the applicant was issued a letter deeming the application incomplete to allow the applicant to address required revisions; and, C. On May 27, 2021, the application submitted revised plans, but the application was deemed incomplete on June 24, 2021 to allow the applicant to address required revisions; and, D. On October 5, 2021, the applicant submitted revised plans, and on November 4, 2021, the application was deemed complete; and, E. On November 30, 2021, 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, F. The Planning Commission held a duly noticed public hearing on December 15, 2021, 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 requested Conditional Use Permit is exempt from review under the California Environmental Quality Act, Public Resources Code § 21000 et seq. (“CEQA”) and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq. The proposed live entertainment in the form of a disc- jockey would not have the potential to cause significant effects on the environment. It is therefore categorically exempt from further CEQA review under CEQA Guidelines Sections 15301 (Class 1, Existing Facilities) because the proposed live entertainment is ancillary to the eating establishment and involves no expansion of the existing use. 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 PC Agenda Page 8 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 2 restaurant is a detached building located within an active shopping center that contains similar restaurant uses and retail establishments. The project has been conditioned to reduce the potential noise impacts associated with live entertainment, so the project is not expected to cause a nuisance to any nearby businesses or residences. The restaurant property line is located approximately 105 feet away from residentially developed properties across Lakewood Boulevard. Conditions have been added that will reduce the potential for impacts to businesses and residents from the proposed use. The project aims to diversify the services available to residents and patrons of city businesses. The following General Plan policy is promoted by the proposed CUP: Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods and services The proposed use 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 the 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. A live entertainment component is found within similar shopping areas. The specific form of live entertainment reflects a newer trend for many restaurants where they provide music as background for diners. 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 to accommodate the 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. As conditioned, 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 request does not include a proposal to significantly alter the interior floor plan or increase the building’s square footage. The proposed use will not restrict future permitted uses from occupying the site or require an existing use to alter their operations as a result of the live entertainment request. In addition, the project is in full compliance with the Downey Landing Specific Plan. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed disc-jockey as a complement to the ongoing operation of an existing full-service restaurant is not anticipated to generate additional traffic. The proposed background music 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, both major arterials and Stewart and Gray Road, a secondary arterial. 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 generated by the existing use. PC Agenda Page 9 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 3 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 within the Downey Landing Retail Center. 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, including hours of operation. Accommodating the live entertainment will consist of removing a dining table and replacing it with the disc-jockey area. 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. 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 4 of this Resolution, the Planning Commission of the City of Downey hereby approves Conditional Use Permit PLN-19-00172, 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. PC Agenda Page 10 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 4 SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of December 2021. Miguel Duarte, 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 December 2021, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 11 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 5 PLN-19-00172 (CONDITIONAL USE PERMIT) EXHIBIT A – CONDITIONS PLANNING 1) The approval of this Conditional Use Permit allows for live entertainment in the form of a disc-jockey at an existing restaurant with incidental alcohol sales. 2) The form of live entertainment is limited to disc jockey providing ambient music only. Dancing is prohibited. 3) The permitted hours of operation are Monday – Sunday, 7:00 a.m. to 2:00 a.m. 4) The permitted hours of operation for live entertainment are as follows: Monday – Sunday 7:00 p.m. – 1:00 a.m. 5) ”Last call” for alcohol purchases shall occur thirty (30) minutes prior to closing. 6) The DJ Booth must be reviewed and approved by the Building Department prior to commencement of live entertainment. 7) The applicant shall sign and submit to the City of Downey, an Affidavit of Acceptance of Conditions, as provided by the City, by December 30, 2021. The proposed live entertainment may not commence prior to the submittal of the Affidavit of Acceptance of Conditions. 8) The site shall remain in conformance with this request and the approved set of plans, date stamped October 5, 2021. 9) 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. 10) 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. 11) Approval of Conditional Use Permit PLN-19-00172 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. 12) Applicant shall comply with all conditions of PLN-19-00172 before this Conditional Use Permit becomes valid. PC Agenda Page 12 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 6 13) 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. 14) 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. 15) 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. 16) 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. 17) 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. 18) 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. 19) 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. PC Agenda Page 13 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 7 20) Methods for dealing with intoxicated customers and recognizing underage customers. 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. 21) All signs shall comply with Chapter 6 of the Downey Municipal Code. 22) 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. 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 restaurant 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 restaurant 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. Upon receiving complaints regarding noise levels, the Director of Community Development may order the preparation of a noise study. The City will hire a consultant to prepare a noise study, and said noise study shall be paid by the business owner. All mitigation measures identified in the noise study shall be implemented and become part of this Conditional Use Permit and shall have the force of conditions of approval. 32) All doors leading to the main dining area shall not be left propped open between the hours of 7:00 p.m. and 1:00 a.m. 33) The noise associated with the live entertainment shall not exceed 65 db(A) at the subject site property lines. PC Agenda Page 14 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 8 34) All outdoor speakers must be turned off by 10:00 p.m., Monday – Sunday. 35) Deliveries to the premises are prohibited between 10:00 p.m. and 7:00 a.m. 36) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval for Conditional Use Permit PLN-19-00172, into the approved set of building plans. BUILDING 37) All construction shall comply with the most recent adopted City and State building codes: • 2019 California Building Code • 2019 California Electrical Code • 2019 California Mechanical Code • 2019 California Plumbing Code • 2019 California Fire Code • 2019 California Green Code 38) The Title Sheet of the plans shall include: • Occupancy Group • Occupant Load • Description of use • Type of Construction • Height of Building • Floor area of building(s) and/or occupancy group(s) 39) A design professional will be required at time of construction drawings, to prepare plans for proposed improvements per the Business and Professions’ Code. 40) Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations. POLICE 41) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 42) The owner/applicant must provide a minimum of licensed and bonded, uniformed patrolmen or security guards on-site as follows: • Monday – Wednesday, 6:00 p.m. – 2:00 a.m. – Two security guards • Thursday, 6:00 p.m. – 2:00 a.m. – Four security guards • Friday – Sunday, 6:00 p.m. – 2:00 a.m. – Five security guards The number of security guards may be increased or decreased as the Chief of Police determines is necessary. 43) Signs shall be posted at all entrances to the premises and business identifying a zero- PC Agenda Page 15 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 9 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. 44) The owner/applicant shall not permit any loitering in front of the business. 45) A copy of the Resolution 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. 46) Payment for beverage services shall be made only after such services have been provided to the patrons by the business. 47) 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. 48) The Licensee shall be responsible for monitoring the business to prevent anyone under the age of 21 from purchasing or consuming alcohol. 49) 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. 50) 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 51) Design and construction of proposed project shall adhere to all conditions for Assembly Group A occupancy for occupant load, exiting, emergency lighting, egress illumination, etc. 52) Any electrical modifications to accommodate DJ booth and associated electronic equipment shall adhere to CA Electrical Code and NFPA 70. 53) DJ booth shall be free of electrical hazards to include overloading electrical outlets, open electrical, cover plates for outlets/switches, no use of extension cords for permanent wiring, etc. [CA Fire Code §605]. 54) DJ booth shall not extend into or obstruct egress path of travel or otherwise obstruct egress from bar/lounge area of occupancy [CA Fire Code §1030.2; 1030.3]. PC Agenda Page 16 Resolution No. Downey Planning Commission PLN-19-00172 – 12002 Lakewood Blvd December 15, 2021 - Page 10 PUBLIC 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] PC Agenda Page 17 PC Agenda Page 18 PC Agenda Page 19