HomeMy WebLinkAboutPC Reso 21-3156RESOLUTION NO. 21-3156
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
Resolution No. 21-3156
Downey Planning Commission
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.
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Resolution No. 21-3156
Downey Planning Commission
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.
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Resolution No. 21-3156
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of December 2021.
Mi u uarte, Chairman
City tanning 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: Duarte, Owens, Montoya and Uva
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS, Ortiz
Mary C vanagh, Secre
City Planning Commission
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Resolution No. 21-3156
Downey Planning Commission
PLN -19-00172
(CONDITIONAL USE PERMIT)
EXHIBIT A — CONDITIONS
PLANNING
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.
The form of live entertainment is limited to disc jockey providing ambient music only.
Dancing is prohibited.
The permitted hours of operation are Monday — Sunday, 7:00 a.m. to 2:00 a.m.
The permitted hours of operation for live entertainment are as follows:
Monday— Sunday 7:00 p.m. — 1:00 a.m.
"Last call" for alcohol purchases shall occur thirty (30) minutes prior to closing.
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.
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Resolution No. 21-3156
Downey Planning Commission
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.
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Resolution No. 21-3156
Downey Planning Commission
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.
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Resolution No. 21-3156
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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
a 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 -
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Resolution No. 21-3156
Downey Planning Commission
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 requestany
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 §6051.
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].
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Resolution No. 21-3156
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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]
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