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HomeMy WebLinkAbout2. PLN-13-00052 - Downtown DowneySTAFF REPORT DATE: MARCH 20, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-13-00052 (SPECIFIC PLAN AMENDMENT) – A REQUEST TO AMEND THE DOWNTOWN DOWNEY SPECIFIC PLAN TO REQUIRE A CONDITIONAL USE PERMIT FOR HOOKAH/CIGAR LOUNGES. LOCATION: DOWNTOWN DOWNEY ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) REPORT SUMMARY The Downtown Downey Specific Plan was adopted in October 2010 and sets forth the development standards, including permitted uses, for the downtown. Among the variety of uses, hookah/cigar lounges are permitted “by right” in the Firestone Blvd Gateway and Downtown Core districts of Downtown Downey. Due to recent activities occurring at the existing hookah lounges, staff feels that it would be prudent to require a conditional use permit for any new hookah/cigar lounge that wishes to locate in the downtown. As such, staff is recommending that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE DOWNTOWN DOWNEY SPECIFIC PLAN (PLN-13- 00052), THEREBY REQUIRING A CONDITIONAL USE PERMIT FOR HOOKAH/CIGAR LOUNGES. Inasmuch as the Specific Plan Amendment is a legislative action, City Council approval is required. As such, the Planning Commission’s role is to review the request and make a formal recommendation to the City Council. Should the Planning Commission recommend approval of the request, staff will schedule the matter for a public hearing before the City Council. BACKGROUND The Downtown Downey Specific Plan (DDSP) was adopted in October 2010 and sets forth the zoning standards for a 131-acre area in the central portion of the City. A key vision for the Downtown Downey Specific Plan is to create a pedestrian-oriented mixed-use environment, in which residents live and work in the same area. Additionally, the Downtown Downey Specific Plan envisioned creating a destination for the community and region, where visitors can park once and patronize multiple businesses. This is accomplished by setting land uses and development standards that guide the growth and development of the area, encourage economic revitalization, and create a lively center of activity for the City. PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA The Specific Plan boundaries are loosely formed by Brookshire Avenue to the east, the Union Pacific railroad right-of-way to the south, Paramount Boulevard to the west, and an irregular northern boundary along Fourth Street, extending to Fifth Street in areas and including the former Gallatin Medical site. Additionally, the Rives Mansion, located at the northwest corner of Third Street and Paramount Boulevard, is included in the Specific Plan. To help guide development in the Downtown, the Specific Plan area has been subdivided into five land use districts, each with its own character, intensity, development standards and permitted uses. These districts include the Firestone Boulevard Gateway, Paramount Boulevard Professional, Downtown Core, Downtown Residential, and Civic Center District. With exception of the Civic Center District, all of the land use districts allow residential, commercial, or a combination thereof. On March 6, 2013, the Planning Commission initiated a Specific Plan Amendment, allowing staff to conduct their analysis and set the matter for hearing. On March 7, 2013, notice of the pending application was published in the Downey Patriot. Additionally, the notice was mailed to all property owners whose properties are contained by and/or within 500’ of the Downtown Downey Specific Plan. DDSP Land Use Districts Specific Plan Amendment (PLN-13-00052) – Downtown Downey March 20, 2013 - Page 2 DISCUSSION/ANALYSIS As noted above, the Downtown Downey Specific Plan allows for a plethora of uses, with every use being classified as permitted, conditionally permitted, permitted on the second floor or above (this only applies on certain streets), temporary use, accessory use, or not permitted. As the Specific Plan explains, any use that is not listed is deemed as not permitted. An example of this and the subject of this staff report is the Hookah/Cigar Lounges, which are permitted in the Downtown Core and Firestone Boulevard Gateway districts, “by right”. Permitted Uses Key: C – Conditionally Permitted P – Permitted Use 2nd – Permitted Use on Second Floor or above NP – Use Not Permitted T – Temporary Use A – Accessory Use Hookah/Cigar Lounge P NP P NP NP Existing DDSP permitted use table (excerpt) Currently there are two hookah lounges (one on Firestone Blvd and the other on Downey Ave) in the downtown area and no cigar lounges. Since these businesses are allowed “by right”, the City cannot deny a request to establish additional hookah lounges or limit the operational characteristics (hours of operation, noise, crowd control, etc) to mitigate impacts. This has become a problem with late night crowds gathering at the establishments (they are open until 4:00 a.m.), complaints of littering and vomiting in the alleys behind the businesses, and night club activities occurring within the business. In fact, one of the hookah bars recently advertised for a lingerie night, in which ladies who wore lingerie would get in for free. This event also included a “booty shaking” contest where participants can compete for prizes. Fortunately, the City was able to intervene and the business owner canceled the event. Further investigation on various social media sites indicates that these hookah bars are functioning as night clubs, with live entertainment, dancing, etc. When the City adopted the Downtown Downey Specific Plan, it was envisioned that the hookah/cigar lounges would become a low-key environment, in which patrons could go to relax and enjoy hookah/cigars. In reality, these businesses are functioning more like night clubs rather than unobtrusive lounges. It is staff’s opinion that this is creating a negative impact to the surrounding area and other businesses. As currently operating, the hookah lounges have a greater propensity to create noise impacts and have crowding issues that spillover onto the adjacent sidewalks. Due to these issues, they utilize more police resources responding to complaints than originally anticipated. In order to address these concerns, staff is recommending that a Conditional Use Permit be required to establish new hookah/cigar lounges within the Downtown Downey Specific Plan. This change will allow the Planning Commission to review all new request in a public hearing and based on the findings either approve or deny the application. Should the Planning Commission approve a request, they would be permitted to include conditions of approval to mitigate any potential impacts. This change would be consistent with requirements of hookah/cigar lounges in all of the Specific Plan Amendment (PLN-13-00052) – Downtown Downey March 20, 2013 - Page 3 commercial zones of the City; as well as, other night clubs in the downtown. To implement this, staff is further recommending that the permit table for hookah/cigar lounges be modified to read as follows: Permitted Uses Key: C – Conditionally Permitted P – Permitted Use 2nd – Permitted Use on Second Floor or above NP – Use Not Permitted T – Temporary Use A – Accessory Use Hookah/Cigar Lounge C NP C NP NP Proposed DDSP permitted use table (excerpt) It should be noted that the two existing hookah lounges would not be required to obtain Conditional Use Permits, but instead would be deemed non-conforming. This determination prevents them from expanding without obtaining a Conditional Use Permit first. ENVIRONMENTAL ANALYSIS Pursuant to the requirements of the California Environmental Quality Act (CEQA), on September 28, 2010 the City of Downey certif ied an Environmental Impact Report (State Clearinghouse No. 2010051008) for the Downtown Downey Specific Plan. The EIR analyzed the potential impacts created by the Downtown Downey Specific Plan, including all the uses contained therein. Staff has reviewed the proposed Specific Plan Amendment with the EIR and is of the opinion that changing the use for permitted by right to requiring a Conditional Use Permit will not create additional impacts on the area. Staff is of the further opinion that by providing additional regulation on the use will not affect the existing mitigation measures, which serve to reduce impacts to be less than significant. As such, staff is of the opinion that this application is in substantial compliance with said Environmental Impact Report and no further analysis is needed. FINDINGS Pursuant to Municipal Code Section 9836.10, there are four (4) findings that must be adopted prior to the Planning Commission recommending approval of the Specific Plan Amendment to the City Council. A discussion of the findings follows: 1. The proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council. The boundaries of the Specific Plan are within the General Plan Land Use Designation of Mixed Use. According to the General Plan, “The Mixed Use Designation is to provide for development of a variety of uses (including retail, office, service and residential), on the Specific Plan Amendment (PLN-13-00052) – Downtown Downey March 20, 2013 - Page 4 same parcel or within close proximity of each other.” After a review of the General Plan, it is staff’s opinion that the policies and programs contained therein are intended to encourage the variety of uses in close proximity to each other, while avoiding impacts onto each other. Staff believes that requiring a conditional use permit for the hookah/cigar lounges will still encourage them to locate within the downtown, thus provide an active pedestrian environment and additional nightlife; but allowing the City to mitigate potential impacts created with the operation of this type of business. 2. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. Article IX of the Downey Municipal Code includes a Mixed Use zone. Likewise the Downtown Downey Specific Plan is desi gned to implement a mixed use environment. The intent of the Mixed Use zone is 1) encourage mixed-use buildings with retail, office, service, and/or other uses on the ground floor and residential units above the nonresidential space; 2) encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets that creates a more active and vibrant street life; 3) strengthen the City’s economic base, and provide employment opportunities close to home for residents of the City; and 4) promote the health and welfare of City residents by encour aging physical activity, reducing vehicular traffic, encouraging alternative transportation where possible, and promoting greater social interaction. It is staff’s opinion that the proposed amendment to the Downtown Downey Specific Plan will enforce the intent of the Mixed Use zone since it allows hookah/cigar lounges to locate within the downtown, thus provide an active pedestrian environment and additional nightlife; but allowing the City to mitigate potential impacts created with the operation of this type of business. 3. The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicini ty or the general welfare of the City. The amendment to the Downtown Downey Spec ific Plan is necessary and desirable for the development of the communi ty and will systematically ex ecute the objectives of the General Plan and is in the interest of and furthers the public health, safety, general welfare, and the goals, policies, and programs of the General Plan relating to advancing livable community concepts and focusing on areas in which livable communities concepts could have the most impact. It is staff’s opinion that being able to mitigate potential impacts in the mixed use environment will promote the public health, safety, and welfare since it will promote people to walk between destinations or between their home and work. 4. The Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State. Article 8 of Chapter 3 of the California Government Code sets forth specific requirements and standards for the content and adoption of Specific Plans. This includes that the Specific Plan Amendment (PLN-13-00052) – Downtown Downey March 20, 2013 - Page 5 Specific Plan is consistent with the City’s General Plan. As noted in the first finding of this section, it is staff’s opinion that the proposed amendment to the Downtown Downey Specific Plan is consistent with the General Plan. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained within this report, staff is concluding that allowing hookah/cigar lounges to operate without regulation has proven to be problematic for the City. Staff is further concluding that the proposed Specific Pl an Amendment is necessary to avoid creating additional significant adverse impacts to the area. Finally, as noted above, staff believes that all four findings required to approve the Specif ic Plan Amendment can be made in a positive manner . As such , staff is recommending that the Planning Commission recommend that the City Council approve the Specific Plan Amendment (PLN-13-00052). Specific Plan Amendment (PLN-13-00052) – Downtown Downey March 20, 2013 - Page 6 Exhibits Loc ation 500 ’ Radius Specific Plan Amendment (PLN-13-00052) – Downtown Downey March 20, 2013 - Page 7 Zoning Specific Plan Amendment (PLN-13-00052) – Downtown Downey March 20, 2013 - Page 8 RESOLUTION NO. __________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE DOWNTOWN DOWNEY SPECIFIC PLAN (PLN-13- 00052), THEREBY REQUIRING A CONDITIONAL USE PERMIT FOR HOOKAH/CIGAR LOUNGES. 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. The Downtown Downey Specific Plan (DDSP) was adopted in October 2010 and sets forth the zoning standards for a 131-acre area in the central portion of the City; and, B. Hookah/cigar lounges are listed as a permitted use within the Firestone Blvd Gateway and Downtown Core Districts of the Downtown Downey Specific Plan; and, C. The existing hookah lounges operating in the downtown are creating impacts to adjoining land uses, as such the Planning Commission determined that additional regulations are needed to mitigate those impacts; and, D. On March 6, 2013, the Planning Commission initiated a Specific Plan Amendment to the Downtown Downey Specific Plan and directed to study requiring a Conditional Use Permit for hookah/cigar lounges; and, E. On March 7, 2013, notice of the pending application was published in the Downey Patriot. Additionally, the notice was mailed to all property owners whose properties are contained by and/or within 500’ of the Downtown Downey Specific Plan; and, F. The Planning Commission held a duly noticed public hearing on March 20, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, adopted this resolution. SECTION 2 . The Planning Commission further finds, determines and declares that pursuant to the requirements of the California Environmental Quality Act (CEQA), on September 28, 2010 the City of Downey certified an Environmental Impact Report (State Clearinghouse No. 2010051008) for the Downtown Downey Specific Plan. The EIR analyzed the potential impacts created by the Downtown Downey Specific Plan, including all the uses contained therein. Changing the use for permitted by right to requiring a Conditional Use Permit will not create additional impacts on the area. Furthermore, providing additional regulation on the use will not affect the existing mitigation measures, which serve to reduce impacts to be less than significant. As such, the Planning Commission is determining that this Specific Plan Amendment is in substantial compliance with said Environmental Impact Report and no further analysis is needed 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: Resolution No. ___________ Downey Planning Commission 1. The proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council. The boundaries of the Specific Plan are within the General Plan Land Use Designation of Mixed Use. According to the General Plan, “The Mixed Use Designation is to provide for development of a variety of uses (including retail, office, service and residential), on the same parcel or within close proximity of each other.” After a review of the General Plan, it is found that the policies and programs contained therein are intended to encourage the variety of uses in close proximity to each other, while avoiding impacts onto each other. Requiring a Conditional Use Permit for the hookah/cigar lounges will still encourage them to locate within the downtown, thus provide an active pedestrian environment and additional nightlife; but allowing the City to mitigate potential impacts created with the operation of this type of business. 2. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. Article IX of the Downey Municipal Code includes a Mixed Use zone. Likewise the Downtown Downey Specific Plan is designed to implement a mixed use environment. The intent of the Mixed Use zone is 1) encourage mixed-use buildings with retail, office, service, and/or other uses on the ground floor and residential units above the nonresidential space; 2) encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets that creates a more active and vibrant street life; 3) strengthen the City ’s economic base, and provide employment opportunities close to home for residents of the City; and 4) promote the health and welfare of City residents by encouraging physi cal activity, reducing vehicular traffic, encouraging alternative transportation where possible, and promoting greater social interaction. It is found that the proposed amendment to the Downtown Downey Specific Plan will enforce the intent of the Mixed Use zone since it allows hookah/cigar lounges to locate within the downtown, thus providing an active pedestrian environment and additional nightlife; but allowing the City to mitigate potential impacts created with the operation of this type of business. 3. The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the City. The amendment to the Downtown Downey Specific Plan is necessary and desirable for the development of the community and will sy stematically execute the objectives of the General Plan and is in the interest of and furthers the public health, safety, general welfare, and the goals, policies, and programs of the General Plan relating to advancing livable community concepts and focusing on areas in which livable communities concepts could have the most impact. Being able to mitigate potential impacts in the mixed use environment w ill promote the public health, safety, and welfare since it will promote people to walk between destinations or between their home and work. Specific Plan Amendment (PLN-13-00052) – Downtown Downey March 20, 2013 - Page 2 Resolution No. ___________ Downey Planning Commission 4. The Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State. Article 8 of Chapter 3 of the California Government Code sets forth specific requirements and standards for the content and adoption of Specific Plans. This includes that the Specific Plan is consistent with the City’s General Plan. As noted in the first finding of this section, the proposed amendment to the Downtown Downey Specific Plan is consistent with the General Plan. 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 recommends that the City Council amend the permitted use table in the Downtown Downey Specific Plan for Hookah/Cigar Lounges to read as follows: Permitted Uses Key: C – Conditionally Permitted P – Permitted Use 2nd – Permitted Use on Second Floor or above NP – Use Not Permitted T – Temporary Use A – Accessory Use Hookah/Cigar Lounge C NP C NP NP SECTION 5 . The Secretary shall certify the adoption of this Resolution. th PASSED, APPROVED AND ADOPTED this 20 day of March, 2013. Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning th Commission of the City of Downey at a regular meeting thereof, held on the 20 day of March, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONER: Mary Cavanagh, Secretary City Planning Commission Specific Plan Amendment (PLN-13-00052) – Downtown Downey March 20, 2013 - Page 3