HomeMy WebLinkAboutPC Resolution 13-2827 RESOLUTION NO.13 -2827
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THE CITY COUNCIL REVISE THE MUNICIPAL CODE
RELATING TO RESTAURANTS IN THE PROFESSIONAL OFFICE (C -P) ZONE
BY PERMITTING THEM TO HAVE LIVE ENTERTAINMENT, UPON APPROVAL
OF A CONDITIONAL USE PERMIT AND ADOPT A NEGATIVE DECLARATION
OF ENVIRONMENT IMPACT (ZONE TEXT AMENDMENT PLN -13- 00013).
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 City Council of the City of Downey directed City Staff to prepare a zone text
amendment that would permit restaurants in the Professional Office (C -P) zone to
have live entertainment, upon approval of a conditional use permit; and
B. The Planning Commission held a duly- noticed public hearing on May 1, 2013 and,
after fully considering all oral and written testimony and facts and opinions offered
at the aforesaid public hearing, adopted Resolution No.13 -2827, recommending
approval to the City Council.
SECTION 2. Having considered all of the oral and written evidence presented to it at said
public hearing, the Planning Commission further finds, determines and declares that:
A. That the requested amendment is necessary and desirable for the development of
the community and is in the interests or furtherance of the public health, safety,
and general welfare. The requested amendment (i.e., allowing restaurant owners
in the C -P zone to have live entertainment, upon approval of a CUP) will provide
restaurant owners in the C -P zone with the same opportunity that their
counterparts presently have in the City's other commercial zones and specific plan
areas. Establishing live entertainment as a conditional use will further the general
welfare of the community in that the Planning Commission will examine each
application to insure that a restaurant with live entertainment and its
accompanying activities are compatible with neighboring uses.
B. That the proposed amendment is in general conformance with the General Plan.
Restaurants are listed as permitted uses in the Professional Office (C -P) zone,
while the C -P zone conforms with the "Office" General Plan category.
SECTION 3. The Planning Commission recommends the City Council amend Article IX,
Chapter 3, Section 9314.04(a) of the Municipal Code from not permitting restaurants in the
C -P zone to have live entertainment (i.e., Not Permitted) to allowing them to have live
entertainment, upon approval of a conditional use permit (C).
SECTION 4. The Planning Commission further recommends that the City Council amend
Article IX, Chapter 3, Section 9314.04(d) by adding a special condition to the "Notes and
Exceptions" column of Table 9.3.5 relating to restaurants with live entertainment as a
conditional use in the C -P zone that the building housing the restaurant shall be a
minimum of 100 feet from the nearest residentially -zoned property.
Resolution No.
Planning Commission
SECTION 5. The Planning Commission further finds, determines and declares that:
A. An Initial Study and Negative Declaration were prepared for Zone Text Amendment
PLN -13 -00013 in accordance with the provisions of the California Environmental
Quality Act (CEQA), state CEQA Guidelines and the City of Downey's Procedures
for Implementing CEQA.
B. The Initial Study and proposed Negative Declaration were made available to the
public and interested parties for review and comment from April 5, 2013 to April 26,
2013.
C. The Planning Commission held a public hearing on May 1, 2013, at which time
evidence was heard on the Initial Study and proposed Negative Declaration. At the
hearing, the Planning Commission fully reviewed and carefully considered the
environmental documents, together with the comments received during the public
review period.
D. In view of the foregoing, the Planning Commission recommends the City Council of
the City of Downey adopt the proposed Negative Declaration prepared for Zone
Text Amendment PLN -13- 00013, along with its finding and conclusions.
SECTION 6. Based upon the findings set forth in this Resolution, the Planning
Commission of the City of Downey recommends the City Council approve Zone Text
Amendment PLN -13- 00013.
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1 day of May, .
/ Louis Morales hairm -
ity Plannin• Commission
I HEREBY CERTIFY that the foregoing is a true copy of a ' esolution adopted by the
Planning Commission of the City of Downey at a regular meeting thereof held on the 1
day of May, 2013, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
,1
i"
Mary Ca anagh, Secrets
City Planning Commission
Zone Text Amendment PLN -13 -00013
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