HomeMy WebLinkAboutPC Resolution 13-2818 RESOLUTION NO. 13 -2818
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:
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
Resolution No. 13 -2818
Downey Planning Commission
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 physical 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 systematically 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 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
Specific Plan Amendment (PLN -13- 00052) — Downtown Downey
March 20, 2013 - Page 2
Resolution No. 13 -2818
Downey Planning Commission
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:
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Hookah /Cigar Lounge C NP C NP NP
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20 day of March, 2013.
uis Morales, airman
City Planning f' ommission
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 20 day of March,
2013, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer, and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Ca anagh, SecreA
City Planning Commission
Specific Plan Amendment (PLN -13- 00052) — Downtown Downey
March 20, 2013 - Page 3