HomeMy WebLinkAboutPLN-11-00160 -Resolution
RESOLUTION NO. 11-2721 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING REVISION ‘E’ TO CONDITIONAL USE PERMIT NO. 03-05 (PLN-11-00160), THEREBY REMOVING A RESTRICTION
ON THE AGE OF OCCUPANTS ON A RESTAURANT THAT OPERATES WITH A TYPE 41 (ON-SALE BEER AND WINE, EATING PLACE) AND WITH LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 8237-8239 SECOND STREET
AND WITHIN THE 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 March 5, 2003, the Planning Commission approved Conditional Use Permit No. 03-05, to allow a computer access center at 8239 Second Street. This
CUP allowed a maximum of 20 computers; and, B. On March 3, 2004, the Planning Commission approved Revision ‘A’ to Conditional Use Permit No. 03-05 (officially numbered Modification to
Conditional Use Permit 03-05). This revision allows the computer access center to occupy the space at 8237 Second Street, as well as the original space at 8239 Second Street; and, C.
On July 19, 2006, the Planning Commission approved Revision ‘B’ to the CUP (officially numbered Conditional Use Permit 06-54M), to allow the addition of live entertainment within the
computer access center. More specifically, this revision allows up to three (3) entertainers on stage; however, limited the number of computers to six (6); and, D. On February 6, 2008,
the Planning Commission denied Revision ‘C’ to Conditional Use Permit No. 03-05 (officially numbered Conditional Use Permit 07-173), a request to delete the condition of approval that
limits the number of entertainers allowed to perform at any given time; and, E. On May 9, 2009, the Planning Commission approved Revision ‘D’ to Conditional Use Permit No. 03-05, to
allow the restaurant/nightclub to operate with an ABC Type 41 (On-Sale Beer and Wine, Eating Place) license and live entertainment. As part of this approval, the Planning Commission
imposed several conditions of approval, including a restricting that after 9:00 p.m. the minimum age of patrons shall be 21 years or older; and, F. The State of California Department
of Alcoholic Beverage Control notified the City that the age restriction is in violation of ABC guidelines for Type 41 licenses; and, G. On June 23, 2011, notice of the pending application
was published in the Downey Patriot. Additionally, the notice was mailed to all property owners within 500’ of the subject site on June 24, 2011; and, H. The Planning Commission held
a duly noticed public hearing on July 6, 2011 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution,
subject to conditions of approval (Exhibit A).
Resolution No. 11-2721 Downey Planning Commission PLN-11-00160 (CUP) – 8237-8239 Second Street July 6, 2011 -Page 2 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: 1. The requested Conditional Use Permit 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 thereof. The subject site has a General Plan Land Use Designation
of Mixed Use, which is implemented by the Downtown Downey Specific Plan. General Plan Program No. 1.2.2.1 states, “Promote the downtown area as a destination point for entertainment,
dining, civic, and other activities.” Allowing a restaurant/nightclub with live entertainment in the downtown area will encourage people to come into the downtown and remain for a period
of time, thus assist in implementing this program. 2. The requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed
to be located. The subject site is in a fully developed area of the City, with little to no vacant properties in the immediate area. While several issues of concern, which could create
potential negative impacts on the neighboring properties, have been raised, the conditions of approval will mitigate these potential impacts such that the business will not be a burden
onto others. These conditions are necessary to avoid any adverse affects on the adjoining properties. 3. The size and shape of the site proposed for the use is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area. The proposed use will be contained within an existing tenant space and does not require an expansion
of the building. Nevertheless, the proposed restaurant/nightclub is deficient 18 parking spaces. Notwithstanding this deficiency, a unique provision for the Downtown Downey Specific
Plan is the ability to purchase parking credits within the public parking lots. The applicant has obtained approval for 18 parking credits. With the applicant obtaining these parking
credits, the subject has sufficient shape and size to accommodate the proposed use. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and
highways in the area. 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 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 Revision ‘E’ to Conditional Use Permit No. 03-05 (PLN-11-00160), subject
to conditions of approval attached
Resolution No. 11-2721 Downey Planning Commission PLN-11-00160 (CUP) – 8237-8239 Second Street July 6, 2011 -Page 3 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 6h day of July, 2011. Robert Kiefer, 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 6th day
of July, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONER: Theresa Donahue, Secretary City Planning Commission
Resolution No. 11-2721 Downey Planning Commission PLN-11-00160 (CUP) – 8237-8239 Second Street July 6, 2011 -Page 4 CONDITIONAL USE PERMIT NO.03-05, REV D EXHIBIT A -CONDITIONS PLANNING
1) Unless modified hereafter, Planning Commission Resolution No. 09-2583, which approved Revision ‘D’ to Conditional Use Permit 03-05, and all conditions of approval contained therein
shall remain in effect and full force. 2) Condition of Approval No. 14 of Planning Commission Resolution No. 09-2583 shall be hereby deleted. There shall be no age restriction on the
patrons of the business; however, the applicant shall take all necessary steps to ensure that alcohol is not sold, given to, or consumed by persons under the age of 21. H:\Community
Development\Blumenthal\Projects\Second_8239\PLN-11-00160\PC Reso.doc