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Home My WebLink AboutPC Resolution 13-2820 RESOLUTION NO. 13 -2820 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 dub (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 -2820 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). 3 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 -2820, denying PLN 13- 00007. 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 comply 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: 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 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. 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 providing the parking on site, and by participating in a shared parking agreement with another property owner nearby. PLN -13- 00007— 8206 -8210 Firestone Blvd April 3, 2013 - Page 2 Resolution No. 13 -2820 Downey Planning Commission 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 staffs 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 Mo • - Ies, Chairman City PI- ning 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 3rd day of April 2013, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer, and Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None 6 1,ti • Mary C- anagh, Secretary City Pla ning Commission PLN -13- 00007— 8206 -8210 Firestone Blvd April 3, 2013 - Page 3