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HomeMy WebLinkAbout2. PLN-13-00007 - 8206-8210 Firestone BlvdSTAFF REPORT DATE: APRIL 3, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-13-00007 (CONDITIONAL USE PERMIT) - A REQUEST FOR REVISION “C” TO CONDITIONAL USE PERMIT NO. PLN-11-00105, TO ALLOW AN EXISTING NIGHT CLUB (CLUB DB LOUNGE), WHICH OPERATES WITH A DEPARTMENT OF ALCOHOLIC BEVERAGES CONTROL (ABC) TYPE 48 LICENSE (ON-SALE GENERAL, PUBLIC PREMISES) AND LIVE ENTERTAINMENT TO: 1) INCREASE THEIR FLOOR AREA BY INCLUDING AN ADDITIONAL 2,800 SQUARE FEET FROM THE ADJACENT TENANT SPACE, 2) INCLUDE GO-GO DANCERS IN THE DESCRIPTION OF LIVE ENTERTAINMENT, AND 3) ELIMINATE FOUR BILLIARDS T ABLES FROM THE MEZZANINE LOCATION: 8206-8210 FIRESTONE BOULEVARD ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) REPORT SUMMARY The Applicant, Hyak Gevorkyan, seeks the Planning Commission’s approval of PLN-13- 00007 to increase the floor area of an existing night club (Club DB Lounge) at 8206 Firestone Boulevard, by adding the adjacent tenant space at 8210 Firestone Boulevard to the business. Mr. Gevorkyan also wants to include go-go dancers among the description of live entertainment activities associated with the night club, and he wants to eliminate four billiards tables from the mezzanine area of the club in an effort to comply with the City’s parking standards. In recent years, the Planning Commission has considered a number of requests associated with Club DB Lounge and the subject property, beginning with PLN-11- 00105, which the Planning Commission approved on March 7, 2012. The changes PLN- 13-00007 proposes represent the third revision to the previously approved conditions of approval for PLN-11-00105. After reviewing the Applicant’s request and upon receiving negative comments from the Downey Police Department on this matter, staff recommends that the Planning Commission adopt the following resolution: PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY PLN-13-00007 (CONDITIONAL USE PERMIT) DENYING A REQUEST FOR REVISION “C” TO CONDITIONAL USE PERMIT NO. PLN-11-00105, TO ALLOW AN EXISTING NIGHT CLUB (CLUB DB LOUNGE), WHICH OPERATES WITH A DEPARTMENT OF ALCOHOLIC BEVERAGES CONTROL (ABC) T YPE 48 LICENSE (ON-SALE GENERAL, PUBLIC PREMISES) AND LIVE ENTERTAINMENT TO: 1) INCREASE THEIR FLOOR AREA BY INCLUDING AN ADDITIONAL 2,800 SQUARE FEET FROM THE ADJACENT TENANT SPACE, 2) INCLUDE GO-GO DANCERS IN THE DESCRIPTION OF LIVE ENTERTAINMENT, AND 3) ELIMINATE FOUR BILLIARDS TABLES FROM THE MEZZANINE BACKGROUND On January 8, 2013, Hayk Gevorkyan, submitted a Land Use Permit Application to obtain the Planning Commission’s approval of PLN-13-00007, Mr. Gevorkyan’s proposal to revise the previously approved conditions of approval for PLN-11-00105, which allowed him to operate a billiard parlor with live entertainment (Club DB Lounge) at 8206 Firestone Boulevard in Downey. For several years, Mr. Gevorkyan operated Dow ney’s Billiards as a billiards parlor with billiards tables, a dance area and a cocktail bar. In that rendition of the business, he operated with 17 billiards tables, a bar and a dance area on the first floor, and four billiards tables on the second floor (mezzanine). Last year, Mr. Gevorkyan changed the business name to Club DB Lounge and changed the operation to emphasize dancing. For years, he managed Club DB Lounge without a conditional use permit because the business began prior to the City’s adoption of the Downtown Specific Plan, which requires a conditional use permit for bar/night club/live entertainment uses now. Nevertheless, Mr. Gevorkyan had an entertainment permit from the Downey Police Department, which allowed him to operate Club DB with live entertainment. Last year, Club DB Lounge created a stir when Mr. Gevorkyan incorporated go-go dancers to augment the club experience. Downey Police and the Planning staff were deeply concerned that the go-go dancers were comparable to the type of activities associated with adult businesses. Mr. Gevorkyan wanted to resolve the go-go dancer issue and expand his business at the same time; therefore, he elected to apply for a conditional use permit, and thereby bring Club DB Lounge into compliance with the Downtown Downey Specific Plan. On March 7, 2012, the Planning Commission adopted Resolution No. 12-2758, thereby approving Mr. Gevorkyan’s request for approval of a conditional use permit (PLN Case No. 11-00105), which allowed him to operate a billiard parlor with live entertainment. The Commission’s approval established guidelines for the dance floor, a disc jockey, live music (musicians), and karaoke that Mr. Gevorkyan added to the business; however, the approval did not include go-go dancers. One year has passed since the Planning Commission’s decision on PLN-11-00105. Since then, Mr. Gevorkyan says that Club DB Lounge has experienced a drop in business revenues, due in part to the removal of the go-go dancers. He feels that the go-go dancers are essential for the business to succeed; therefore, he is requesting that the Planning PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 2 Commission revise the conditions of approval for PLN-11-00105, by including go-go dancers among the description of live entertainment activities allowed at Club DB Lounge. On August 15, 2013, the Planning Commission adopted a resolution approving PLN-12- 00178 and PLN-12-00179. These cases marked the first two revisions to PLN-11-00105. PLN-12-00178 modified the description of uses at Club DB Lounge as described in the conditions of approval to emphasize the bar/night club/live entertainment aspects of the business rather than Club DB Lounge operating as a billiard parlor that features dancing and live entertainment. It allowed Mr. Gevorkyan to reconfigure the first floor of Club DB Lounge by eliminating all twelve billiards tables on the first floor, provide more seats to the lounge area near the main entrance, provide a new stage and DJ booth area, and expand the dance floor. Four billiards tables on the mezzanine remain. By approving PLN-12- 00179 , the Planning Commission authorized Mr. Gevorkyan to obtain the amount of off- street parking required for the revised Club DB Lounge, through a Shared Parking Agreement with the owner of the property at 8124-8140 Firestone Boulevard. The Shared Parking Agreement enabled Mr. Gevorkyan to license sixty-eight (68) parking spaces on that site during the hours of 8:00 PM and 2:00 AM, when Club DB is in operation and the businesses on this property are closed. a. Location, Zoning and Surrounding Land Uses The subject site is located on the south side of Firestone Boulevard, west of La Reina Avenue. Several parcels make up this Firestone Boulevard storefront block, which stretches from Downey Avenue to La Reina Avenue. The Club DB Lounge property (8206 Firestone Boulevard) covers approximately 19,210 square feet of land. It is developed with a two-story 11,459 square foot building and with 37 parking spaces. An outpatient surgical care facility borders the west side of the site. Retail uses exist on the opposite side of La Reina Avenue further west and across Firestone Boulevard to the north. Nance Street and the transit center are south of the subject site. The vacant tenant space Mr. Gevorkyan hopes to occupy borders the east side of Club DB Lounge and exists on a property identified as 8210 Firestone Boulevard. SITE PHOTOGRAPH (FRONT ELEVATION) PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 3 The subject property is located within the Firestone Boulevard Gateway District of Downtown Downey, and it is subject to the perm itted use guidelines established by the City of Downey Downtown Specific Plan. The Specific Plan envisions the Firestone Boulevard Gateway District as a lively area consisting of high-intensity development with flexible retail, office, and residential space. Entertainment uses such as bowling, sports bars, and dancing may also be located in the District. DISCUSSION PLN-13-00007 proposes the following: increase the floor area of an existing night club (Club DB Lounge) at 8206 Firestone Boulevard, by expanding the business to include the adjacent tenant space at 8210 Firest one Boulevard; include go-go dancers among the description of live entertainment activities associated with the night club; and to eliminate four billiards tables from the mezzanine area of the club in an effort to comply with the City’s parking standards. The changes PLN-13-00007 proposes represent the third revision to the previously approved conditions of approval for PLN-11-00105. a. Expansion Club DB Lounge is an 11,459 square foot building that consists of a ground floor and a mezzanine. The ground floor activities include a dance floor, lounge areas and a bar, while the mezzanine offers four billiards tables and additional lounge areas. Mr. Gevorkyan seeks to improve the exper ience of Club DB Lounge by expanding the business into the adjacent tenant space, identified as 8210 Firestone Boulevard. This added floor area would provide space for another dance floor, a new bar to serve alcoholic beverages, and an outdoor seating area (facing Firestone Boulevard. With the proposed 2,800 square foot expansion area, Club DB patrons will have multiple places to dance, different types of music to enjoy, and different areas of the building to explore. Mr. Gevorkyan has obtained the City’s approval to provide the amount of parking spaces required for the expanded use of Club DB Lounge. The Planning Commission approved a conditional use permit (PLN-12-00179) on August 15, 2012, which allowed him to acquire 68 parking spaces off-site through a shared parking agreement. Mr. Gevorkyan pays a fee to the City of Downey for fourteen (14) in-lieu parking spaces, and 37 parking spaces exist on the subject property. As proposed, Club DB Lounge will require 119 parking spaces on-site, and Mr. Gevorkyan provided that amount. The proposed expansion has generated significant concerns for the Downey Police Department and the Building and Safety D epartment. The Police Department expressed concerns about expanding Club DB Lounge because it represents an opportunity for more patrons to visit the premises and result in greater potential for incidents to occur. They cited several calls for service at Club DB Lounge that involved strong-armed robbery, disturbances between customers and security, assault with a deadly weapon, and assaults leading to a victim’s hospitalization. The potential for more of these incidents to occur is great enough that the Police Department does not support approval of the project. Another problem involves compliance with the California Building Code (CBC). The proposed expansion into the adjacent tenant space requires an opening in the demising wall that currently separates Club DB Lounge from the adjacent 2,800 square foot tenant PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 4 space. Although the same party, Clara Levy Trust, owns the units, they exist on separate parcels of land. The Los Angeles County Assessor’s Office identifies them in Book 6255, Page 3 as Parcels 2 and 3. A wall that separates the units exists along the property line between the two parcels. This is problematic because Table 602 of the CBC provides fire resistance rating requirements for adjacent buildings that involves minimum distances between buildings for fire separation or not less than a one 1-hour firewall on both walls of the adjacent buildings if the setback distance is not achieved. These standards mean that no openings are allowed on the common wall because the fire resistance properties would be compromised. b. Go-Go Dancers The Planning Commission considered go-go dancers as a form of live entertainment for Club DB Lounge, when the conditional use permit PLN-12-00178 was presented on March 7, 2012. At that time, the Commissioners reasoned that: 1. The presence of go-go dancers might affect the Downtown Area negatively. 2. The attire of the go-go dancers was problematic. 3. Go-go dancers could be construed as an adult use. 4. The image of scantily clad women dancing on raised platforms was not a desirable image for the Downtown Area. Mr. Gevorkyan submitted PLN-13-00007 for the Planning Commission to reconsider the notion of go-go dancers. While citing a drop in revenues since eliminating the go-go dancers from Club DB Lounge, Mr. Gevorkyan emphasized again that he did not intend to operate Club DB in a manner that someone might perceive as salacious. He reiterated that the go-go dancers add to the dance atmosphere by performing on platforms atop two tall speakers. The women woul d wear skimpy outfits that Mr. Gevorkyan st ill does not consider lewd or indecent. c. Eliminate the Billiards Tables from the Mezzanine To facilitate the proposed expansion into the adjacent 2,800 square foot tenant space and satisfy the City’s off-street parking requirements, Mr. Gevorkyan proposed removing the remaining four billiards tables from the mezzanine, thereby reducing the parking requirements for Club DB Lounge. This action would represent the fourth time he provided additional off-street parking for the business. On November 2, 2011, the City Planner approved PLN-11-00210 regarding Mr. Gevorkyan’s request for ten (10) parking credits to meet the parking requirements for Club DB Lounge. At that time, he was changing the business to emphasize dancing over billiards by converting a lounge area into a dance floor. August 15, 2012, Mr. Gevorkyan obtained the Planning Commission’s approval of a conditional use permit (PLN-12-00178), which authorized a Shared Parking Agreement with the owner of a commercial property nearby, to use 68 parking spaces on that property to benefit Club DB Lounge. And on November 9, 2012, the City Planner approved four (4) additional parking credits in addition to the ten (10) spaces already accounted for PLN-12- 00278, contingent upon Mr. Gevorkyan’s ability to obtain additional parking spaces by modifying the previously-approved shared parking agreement. (It should be noted that Mr. Gevorkyan has elected to forego modifying the shared parking agreement by electing to remove the billiards tables and reducing the lounge area). PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 5 The following tables illustrate the parking requirements of the current and proposed uses for Club DB Lounge, and the manner in which you intend to provide those parking spaces: PARKING STANDARDS Club DB Lounge Uses Parking Required Quantity/Parking Standard (Existing) 4 Tables Billiard Tables 8 Spaces (Requires 2 Parking spaces per Table) 5,982 sq. ft (Dance Area) + 240 sq. ft. Lounge Areas = 515 sq. ft. / Lounge Areas/Sitting Areas 80 Spaces 1 per 5 persons based on an occupancy load factor of 15 960 sq. ft./ 1 per 5 persons based on Dance Floor Area 13 Spaces an occupancy load factor of 15 Total number of parking required currently: 101 Spaces After Proposed Addition 288 sq. ft. New Dance Area 4 spaces 1 per 5 persons based on an occupancy load factor of 15 1,480 sq. ft. New Lounge Area 1 per 5 persons based on an occupancy 20 spaces load factor of 15 400 sq. ft. Outdoor Seating Area 1 per 5 persons based on an occupancy 6 Spaces load factor of 15 Less Billiards Tables and 4 Tables + 300 square feet (Lounge (-12) Spaces Lounge Area on Mezzanine Area to be converted into supply room) Total number of parking spaces required with proposed addition: 119 Spaces PARKING BREAKDOWN Parking Available On-Site 37 Spaces Shared Parking Agreement (CUP-12-00178) 68 Spaces In-Lieu Parking Credits: PLN-11-00210 (10 spaces) + PLN-12-00278 (4 spaces Approval pending approved addendum to Shared Parking 14 Spaces Agreement) 119 Spaces Total Provided PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 6 Club DB Lounge incorp orates billiards tables, dance fl oors, lounge areas, and bar areas within its current tenant space. These uses require 101 off-street parking spaces. The proposed addition includes an outdoor dining area, and another dance/lounge/bar area. It also eliminates the billiards tables and conver ts 300 square feet of lounge area into a supply room. Consequently, staff determined that the expansion requires 30 additional off- street parking spaces, less the areas associated with eliminat ing the four billiards tables and the lounge area. As a result, Club DB will require 119 off-street parking spaces for the proposed 2,800 sq. ft. expansion of the business. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed addition for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff 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 the California Environmental Quality Act. Class 1 includes minor expansion of uses. It is staff’s opinion that the proposed conditional use permit revisions will not have a significant effect on the environment; thereby qualifying for the Class 1 exemption. FINDINGS A. Conditional Use Permit Pursuant to Municipal Code Section 9824.06, four (4) findings must be adopted prior to the Planning Commission approving a Conditional Use Permit. Staff has reviewed the proposal and has developed the following findings regarding PLN-13-00007: 1. That 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 request to revise the conditions of approval for Club DB Lounge (PLN-11-00105) involves including go-go dancers among t he description of live entertainment activities associated with the night club. The Applicant’s desire to incorporate go-go dancers will adversely affect the purpose and intent of this chapter or the City’s General Plan and the public convenience or general welfare of persons residing or working in the neighborhood. The 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 entertainment, dining, civic, and other activities.” The presence of go-go dancers will affect the purpose and intent of the Downey Municipal Code the Downtown Downey Specific Plan adversely, because their attire is not suitable for an area of the City that is regarded as a family destination, the go-go dancers could result in Club DB Lounge being regarded as an adult use and because the image of scantily clad women dancing on raised platforms was not a desirable image for the Downtown Area. 2. That 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 conditional use will adversely affect the adjoini ng land uses and the growth and development of the Downtown area because the proposed expansion has the PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 7 potential to attract more customers to the vicinity and result in increased calls for service from the Downey Police Department, and because go-go dancers will give Club DB the stigma of being an adult use, which does not conform to its DDSP zone development standards and does not complement the surrounding commercial uses in the Downtown Downey area. 3. That 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 size and shape of the subject property is generally adequate to allow for the new proposed expansion to Club DB Lounge, in a manner not detrimental to the area since the proposed change does not include further expansion of the existing building. The proposed use has resulted in a need for additional off-street parking spaces, which the Applicant will satisfy by paying for parking credits in lieu of providing the parking on site, and by participating in a shared parking agreement with another property owner nearby. 4. That 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 provided from Firestone Boulevard and/or Paramount Boulevard. Staff has reviewed the proposal and any potential increase in traffic caused by operation of the business. It is staff’s opinion that 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. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Due to the concerns expressed by the Downey Police Department regarding the proposed building expansion, the Building Code issues regarding the fire resistance rating of the demising walls between 8206 and 8210 Firestone Boulevard, and because of the Planning Commission’s views on go-go dancers, staff cannot support this request. Therefore, staff recommends the Planning Commission adopt a resolution to deny PLN-13-00007. PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 8 EXHIBITS . LOCATION MAP 500-FOOT RADIUS MAP PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 9 éçúò÷ùè ìêíì÷êèã ZONING MAP Zoning Legend DDSP Downtown Downey Specific Plan R-1 Single-Famil y Residential R-2 Two-Family Residential R-3 Multiple-Fam ily Residential C1 Neighborhood Commercial C-2 General Commercial P-B Parking Buffer C-M Commercial Manufacturing M-1 Light Manufacturing M-2 General Manufacturing O-S Open Space PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 10 DOWNTOWN DOWNEY LAND USE DISTRICTS AERIAL PHOTOGRAPH PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 11 SITE PLAN (8206 FIRESTONE AND 8210 FIRESTONE) PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 12 SHARED PARKING AREA (8124-8140 FIRESTONE) PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 13 FLOOR PLAN (EXISTING) MEZZANINE (EXISTING) PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 14 FLOOR PLAN (WITH PROPOSED ADDITION) MEZZANINE (PROPOSED) PLN-13-00007 (Revise Conditional Use Permit) – 8206 -8210 Firestone Blvd April 3, 2013 - Page 15 RESOLUTION NO. 13-___ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY PLN-13-00007 (CONDITIONAL USE PERMIT) DENYING A REQUEST FOR REVISION “C” TO CONDITIONAL USE PERMIT NO. PLN-11- 00105, TO ALLOW AN EXISTING NIGHT CLUB (CLUB DB LOUNGE), WHICH OPERATES WITH A DEPARTMENT OF ALCOHOLIC BEVERAGES CONTROL (ABC) TYPE 48 LICENSE (ON-SALE GENERAL, PUBLIC PREMISES) AND LIVE ENTERTAINMENT TO: 1) INCREASE THEIR FLOOR AREA BY INCLUDING AN ADDITIONAL 2,800 SQUARE FEET FROM THE ADJACENT TENANT SPACE, 2) INCLUDE GO-GO DANCERS IN THE DESCRIPTION OF LIVE ENTERTAINMENT, AND 3) ELIMINATE FOUR BILLIARDS TABLES FROM THE MEZZANINE 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 7, 2012. the Planning Commission adopted Resolution No.12-2758 , thereby approving PLN 11-00105.regarding a request by Hayk Gevorkyan (hereinafter "Applicant") to allow live entertainment consisting of a 600 square foot dance floor, live disc jockey, live music, karaoke, and billiards, at 8206 Firestone Boulevard, Downey, California (hereinafter “subject property”). B. On August 15, 2013, the Planning Commission adopted Resolution No.12-2784 , thereby approving PLN-12-00178 (Revision “A” to PLN-11-00105) and PLN-12- 00179 Revision “B”. PLN-12-00178 modified the description of uses at Club DB Lounge as described in the conditions of approval to emphasize the bar/night club/live entertainment aspects of the business rather than Club DB Lounge operating as a billiard parlor that features dancing and live entertainment. PLN- 12-00179 approved a Shared Parking Agreement between the Applicant and the owner of the property at 8124-8140 Firestone Boulevard to license sixty-eight (68) parking spaces on that site during the hours of 8:00 PM and 2:00 AM, when Club DB is in operation and the businesses on that property are closed. C. PLN-13-00007 proposes to increase the floor area of an existing night club (Club DB Lounge) at 8206 Firestone Boulevard, by expanding the business to include the adjacent tenant space at 8210 Firestone Boulevard, to include go-go dancers among the description of live entertainment activities associated with the night club, and to eliminate four billiards tables from the mezzanine area of the club in an effort to comply with the City’s parking standards. D. Club DB Lounge incorporates billiards tables, dance floors, lounge areas, and bar areas within its current tenant space. These uses require 101 off-street parking spaces. The proposed addition includes an outdoor dining area, and another dance/lounge/bar area. It also eliminates the billiards tables and converts 300 square feet of lounge area into a supply room. E. With the proposed changes in place, Club DB will require 119 off-street parking spaces. Resolution No. 13-___ Downey Planning Commission F. The subject properties are zoned DDSP (Downtown Downey Specific Plan). G. The General Plan designation of the subject property is MU (Mixed Use). H. On March 21, 2013, 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. I. The Planning Commission held a duly noticed public hearing on April 3, 2013, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No.13-____ , denying PLN 13-00007. SECTION 2 . The Planning Commission further finds, determines and declares the environmental impact of the proposed devel opment has been reviewed and has been found to comply with the California Environmental Qualit y 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 request to revise the conditions of approval for Club DB Lounge (PLN-11- 00105) involves including go-go dancers among the description of live entertainment activities associated with the night club. The Applicant’s desire to incorporate go-go dancers will adversely affect the purpose and intent of this chapter or the City’s General Plan and the public convenience or general welfare of persons residing or working in the neighborhood. The 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 entertainment, dining, civic, and other activities.” The presence of go-go dancers will affect the purpose and intent of the Downey Municipal Code the Downto wn Downey Specific Plan adversely, because their attire is not suitable for an area of the City that is regarded as a family destination, the go-go dancers could result in Club DB Lounge being regarded as an adult use and because the image of scantily clad women dancing on raised platforms was not a desirable image for the Downtown Area. B. The proposed conditional use will adversely affect the adjoining land uses and the growth and development of the Downtown area because the proposed expansion has the potential to attract more customers to the vicinity and result in increased calls for service from the Downey Police Department, and because go-go dancers will give Club DB the stigma of being an adult use, which does not conform to its DDSP zone development standards and does not complement the surrounding commercial uses in the Downtown Downey area. C. The size and shape of the subject property is generally adequate to allow for the new proposed expansion to Club DB Lounge, in a manner not detrimental to the area since the proposed change does not include further expansion of the existing building. The proposed use has resulted in a need for additional off-street parking spaces, which the Applicant will satisfy by paying for parking credits in lieu of PLN-13-00007– 8206-8210 Firestone Blvd April 3, 2013 - Page 2 Resolution No. 13-___ Downey Planning Commission providing the parking on site, and by participating in a shared parking agreement with another property owner nearby. D. The subject site is near the core area of Downtown Downey, with arterial access being provided from Firestone Boulevard and/ or Paramount Boulevard. Staff has reviewed the proposal and any potential increase in traffic caused by operation of the business. It is staff’s opinion that 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 denies PLN-13-00007. SECTION 5 . The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of April 2013. Louis Morales, 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 m eeting thereof held on the 3rd day of April 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONER: Mary Cavanagh, Secretary City Planning Commission PLN-13-00007– 8206-8210 Firestone Blvd April 3, 2013 - Page 3