HomeMy WebLinkAbout1. PLN-13-00085 - 8206-8210 Firestone Bl.STAFF REPORT
DATE:
JUNE 5, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
WILLIAM E. DAVIS, CITY PLANNER
SUBJECT:PLN-13-00085 (CONDITIONAL USE PERMIT) - A REQUEST FOR
REVISION ‘C’ TO A CONDITIONAL USE PERMIT (PLN-11-00105) TO
MODIFY THE CONDITIONS OF APPROVAL FOR THE CLUB DB
LOUNGE, WHICH OPERATES UNDER AN ABC TYPE 48 LICENSE
(ON-SALE GENERAL, PUBLIC PREMISES) AND WITH LIVE
ENTERTAINMENT. THE PROPOSED MODIFICATIONS INCLUDE: 1)
ELIMINATION OF FOUR BILLIARD/POOL TABLES FROM THE
APPROVED USES, 2) PROHIBITING CUSTOMERS FROM THE
MEZZANINE LEVEL, AND 3) ALLOWING THE NIGHTCLUB TO
EXPAND INTO THE ADJACENT 2,800 SQUARE FOOT TENANT SPACE
(8210 FIRESTONE BLVD) ON PROPERTY LOCATED AT 8206
FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN
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-
00085, 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 eliminate “billiards” from the description of
activities associated with the night club, and he wants to prohibit customer access to the
mezzanine area of the club; thereby reducing the gross floor area of the use.
PLN-13-00085 represents the Applicant’s latest strategy to enhance the Club DB
Lounge. 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, and most
recently with PLN-13-00007, which the Planning Commission denied on April 7, 2013.
PLN-13-00085 is similar to that proposal; however, the Applicant changed the concept in
ways Downey Police Department can support. Consequently, after reviewing the
Applicant’s revised proposal, 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 APPROVING PLN-13-00085 (CONDITIONAL USE PERMIT) -
A REQUEST FOR REVISION ‘C’ TO A CONDITIONAL USE PERMIT
(PLN-11-00105) TO MODIFY THE CONDITIONS OF APPROVAL FOR
THE CLUB DB LOUNGE, WHICH OPERATES UNDER AN ABC TYPE 48
LICENSE (ON-SALE GENERAL, PUBLIC PREMISES) AND WITH LIVE
ENTERTAINMENT. THE PROPOSED MODIFICATIONS INCLUDE: 1)
ELIMINATION OF FOUR BILLIARD/POOL TABLES FROM THE
APPROVED USES, 2) PROHIBITING CUSTOMERS FROM THE
MEZZANINE LEVEL, AND 3) ALLOWING THE NIGHTCLUB TO
EXPAND INTO THE ADJACENT 2,800 SQUARE FOOT TENANT SPACE
(8210 FIRESTONE BLVD) ON PROPERTY LOCATED AT 8206
FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN
BACKGROUND
On April 23, 2013, Hayk Gevorkyan, submitted a Land Use Permit Application to obtain
the Planning Commission’s approval of PLN-13-00085, his proposal to revise the
previously approved conditions of approval for PLN-11-00105, which allowed him to
operate Club DB Lounge, a billiard parlor with live entertainment, at 8206 Firestone
Boulevard in Downey. PLN-13-0085 is a request to expand the floor area of Club DB
Lounge into the adjacent tenant space at 8210 Firestone Boulevard while prohibiting
customer access to the mezzanine.
For several years, Mr. Gevorkyan operated Downey’s Billiards as a billiards parlor with
billiards tables, a dance area and a cocktail bar. That rendition of the business included 17
billiards tables, a bar and a dance area on the first floor, and with 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. He was able to operate Club
DB Lounge without a conditional use permit because the business (Downey’s Billiards)
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 with live entertainment.
Early 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
with the City and expand his business at the same time; therefore, he elected to apply for a
conditional use permit, and in doing so, 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 in the form
of musicians, a disc jockey, and karaoke. The Commission’s approval did not include go-go
dancers.
On August 15, 2012, the Planning Commission adopted Resolution No. 2784 approving
PLN-12-00178 and PLN-12-00179. These cases marked the first two revisions to PLN-11-
PLN-13-00085 (Revision to Conditional Use Permit) – 8206 -8210 Firestone Blvd
June 5, 2013 - Page 2
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 remained on the mezzanine. 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.
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 third proposed
revision to the previously approved conditions of approval for PLN-11-00105. During the
year after the Planning Commission approved PLN-11-00105, Club DB Lounge
experienced a drop in business revenues due in part to the removal of the go-go dancers.
Mr. Gevorkyan felt that the go-go dancers were essential for Club DB’s success; therefore,
he sought the Planning Commission’s approval of PLN-13-00007 to 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. He also wanted to increase the floor
area of Club DB Lounge at 8206 Firestone Boulevard, by expanding the business into
the adjacent tenant space at 8210 Firestone Boulevard, and eliminate four billiards
tables from the mezzanine area of the club in an effort to comply with the City’s parking
standards. The mezzanine would be accessible to patrons as additional lounge area.
The Planning Commission considered PLN-13-00007 during a public hearing on April 3,
2013, and denied it for the following reasons: the Downey Police Department expressed
concerns about the proposed building expansion; the Building Official had concerns about
the fire resistance rating of the demising wall between 8206 and 8210 Firestone Boulevard;
and because of the Planning Commission’s views on go-go dancers.
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.
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June 5, 2013 - Page 3
SITE PHOTOGRAPH (8206 FIRESTONE)
SITE PHOTOGRAPH
The subject properties are located within the Firestone Boulevard Gateway District of
Downtown Downey, and are subject to the permitted 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.
PLN-13-00085 (Revision to Conditional Use Permit) – 8206 -8210 Firestone Blvd
June 5, 2013 - Page 4
DISCUSSION
After the Planning Commission rendered its decision, Mr. Gevorkyan met with the Police
Department to discuss their concerns, and with the Building Official to discuss his
interpretation of the Building Code with respect to the demising wall. The result of those
meetings left Mr. Gevorkyan feeling confident that he could address their issues
satisfactorily. Therefore, Mr. Gevorkyan revised his proposal and submitted a new Land
Use Permit Application (PLN-13-00085) on April 23, 2013. PLN-13-0085 is a request to
:
modify the previously approved conditions of approval for PLN-11-00105 to1) eliminate
four billiard/pool tables from the description of live entertainment, 2) prohibit customers from
the mezzanine level, and 3) allow the nightclub to expand into the adjacent 2,800 square
foot tenant space at 8210 Firestone Boulevard.
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 experience 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 103
parking spaces on-site, and Mr. Gevorkyan met that requirement.
The proposed expansion generated significant concerns for the Downey Police
Department initially, because the expansion represented 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 was great enough that the Police Department did not support the project initially.
However, Mr. Gevorkyan offered to eliminate customer access to the 2,061 square foot
mezzanine area and convert it into a supply room. The difference between the proposed
addition of the 8210 Firestone Boulevard tenant space and eliminating the mezzanine
would result is a net increase of approximately of 739 square feet of floor area. The
Police Department determined that this increase would not increase the number of
patrons at Club DB Lounge, or increase the potential for incidents to occur significantly.
b. Building Code Compliance
Another problem involves compliance with the California Building Code (CBC). The
proposed expansion into the adjacent tenant space requires an opening in the demising
PLN-13-00085 (Revision to Conditional Use Permit) – 8206 -8210 Firestone Blvd
June 5, 2013 - Page 5
wall that currently separates Club DB Lounge from the adjacent 2,800 square foot tenant
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-hour
firewall on both walls of the adjacent buildings if the setback distance is not achieved.
The Planning Commission denied PLN-13-00007 because staff interpreted the Building
Code standards mean that no openings are allowed on the common wall because the
fire resistance properties would be compromised. However, Adel Bazzi, building
designer for Club DB Lounge, met with the City’s Building Official to discuss these
issues. They determined that it is possible to design a structural solution to these
Building Code requirements, thereby alleviating the Building Official’s concerns.
c. Off-Street Parking
PLN-13-00086 proposes to facilitate the proposed expansion into the adjacent 2,800
square foot tenant space and satisfy the City’s off-street parking requirements, by removing
the remaining four billiards tables from the mezzanine and by preventing customer access
to this area, thereby reducing the parking requirements for Club DB Lounge. In addition to
the 37 parking spaces available on the subject property, Mr. Gevorkyan provided off-street
parking for the business in the following manner: 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. On 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 (PLN-12-00278) in addition to the ten (10) spaces already
accounted for, the Planning Commission’s approval of his expansion plans.
Off street parking is a vital concern for Club DB Lounge and for the businesses nearby. The
Downey Gateway project opened a few months ago and its visitors have impacted the
available parking spaces significantly. Even though Nance Street was marked and
reconfigured to provide public parking in the area, the parking lot that serves the
businesses between La Reina Avenue and the Downey Gateway project is taxed severely.
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.
PLN-13-00085 proposes to eliminate the remaining four billiards tables from the mezzanine
and prevent customer access to this area. As a result, Club DB will require 103 off-street
parking spaces for the proposed expansion of the business. Nevertheless, Mr. Gevorkyan
met this requirement by providing 119 spaces through the shared parking agreement and
the City-approved parking credits.
The following tables illustrate the parking requirements of the current and proposed uses
for Club DB Lounge:
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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
(8210 Firestone)
load factor of 15
400 sq. ft.
Outdoor Seating Area
1 per 5 persons based on an occupancy 6 Spaces
(8210 Firestone)
load factor of 15
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
Dance Floor Area 960 sq. ft./ 1 per 5 persons based on
13 Spaces
(8206 Firestone) an occupancy load factor of 15
Total number of parking
spaces required with
proposed addition:
103 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
Due to the deteriorating condition of the parking lot surface, staff prepared a condition of
approval that requires the Applicant/property owner to reconstruct the parking lot, if the
Planning Commission approves, PLN-13-00085. The Applicant has also stated that he will
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June 5, 2013 - Page 7
improve the facade at 8210 Firestone by matching the style, color and exterior building
materials of the Club DB Lounge facade.
.
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-13-00085:
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-13-00085)
involves: 1) eliminating billiards from the description of activities associated with the
night club 2) expanding the floor area of Club DB Lounge into the adjacent tenant
space at 8210 Firestone Boulevard, and 3) prohibiting customer access to the
mezzanine. The requested conditional use permit for entertainment uses under the
category “Bar/Night Club/Live Entertainment” will not adversely affect the purpose and
intent of the Downey Municipal Code. The subject property is within the DDSP
(Downtown Downey Specific Plan) zone, and it is adjacent to other properties with the
same zoning designation. The requested conditional use permit will allow live
entertainment in the form of musicians, a disc jockey, and karaoke at the Club DB
Lounge but 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 because the site is developed as commercial use and
service the immediate neighborhood already. The subject 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.” Allowing a
restaurant/bar with live entertainment in the Downtown Core area will encourage people
to come into the downtown and remain there.
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 permit will not adversely affect the adjoining land uses since
the proposed use generally conforms to its DDSP zone development standards. The
“live entertainment” will complement the existing billiards parlor and surrounding
PLN-13-00085 (Revision to Conditional Use Permit) – 8206 -8210 Firestone Blvd
June 5, 2013 - Page 8
commercial uses and will serve the public with a use that the Downtown Downey
Specific Plan deems appropriate for uses within the Downtown Core 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 are 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
The Applicant has met with the Downey Police Department and the City’s Building Official
and addressed their regarding the proposed building expansion, favorably. His proposal will
not increase the potential for incidents to occur at Club DB Lounge, and he has devised
solutions for the Building Code issues regarding the fire resistance rating of the demising
walls between 8206 and 8210 Firestone Boulevard. As such, staff supports this request
and recommends the Planning Commission adopt a resolution to approve PLN-13-00085.
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EXHIBITS
SUBJECT
PROPERTY
.
LOCATION MAP
500-FOOT RADIUS MAP
PLN-13-00085 (Revision to Conditional Use Permit) – 8206 -8210 Firestone Blvd
June 5, 2013 - Page 10
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ZONING MAP
Zoning Legend
DDSP Downtown Downey Specific Plan
R-1 Single-Family Residential
R-2 Two-Family Residential
R-3 Multiple-Family 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
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DOWNTOWN DOWNEY LAND USE DISTRICTS
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AERIAL PHOTOGRAPH
PLN-13-00085 (Revision to Conditional Use Permit) – 8206 -8210 Firestone Blvd
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SITE PLAN
(8206 FIRESTONE AND 8210 FIRESTONE)
PLN-13-00085 (Revision to Conditional Use Permit) – 8206 -8210 Firestone Blvd
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SHARED PARKING AREA (8124-8140 FIRESTONE)
PLN-13-00085 (Revision to Conditional Use Permit) – 8206 -8210 Firestone Blvd
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FLOOR PLAN (WITH PROPOSED ADDITION)
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RESOLUTION NO. 13-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00085 (CONDITIONAL USE PERMIT) - A REQUEST FOR
REVISION ‘C’ TO A CONDITIONAL USE PERMIT (PLN-11-00105) TO MODIFY
THE CONDITIONS OF APPROVAL FOR THE CLUB DB LOUNGE, WHICH
OPERATES UNDER AN ABC TYPE 48 LICENSE (ON-SALE GENERAL,
PUBLIC PREMISES) AND WITH LIVE ENTERTAINMENT. THE PROPOSED
MODIFICATIONS INCLUDE: 1) ELIMINATION OF FOUR BILLIARD/POOL
TABLES FROM THE APPROVED USES, 2) PROHIBITING CUSTOMERS FROM
THE MEZZANINE LEVEL, AND 3) ALLOWING THE NIGHTCLUB TO EXPAND
INTO THE ADJACENT 2,800 SQUARE FOOT TENANT SPACE (8210
FIRESTONE BLVD) ON PROPERTY LOCATED AT 8206 FIRESTONE BLVD,
ZONED DOWNTOWN DOWNEY SPECIFIC PLAN
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. On April 3, 2013, the Planning Commission adopted Resolution No.13-2820,
denying PLN 13-00007; the Applicant’s proposal to increase the floor area of
Club DB Lounge 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. On April 23, 2013, the Applicant submitted a Land Use Permit Application to
obtain the Planning Commission’s approval of PLN-13-00085, his revised
proposal to modify the previously approved conditions of approval for PLN-11-
:
00105 which involves1) eliminate four billiard/pool tables from the description of
live entertainment, 2) prohibit customers from the mezzanine level, and 3) allow
the nightclub to expand into the adjacent 2,800 square foot tenant space at 8210
Firestone Boulevard.
Resolution No. 13-____
Downey Planning Commission
E. The subject properties are zoned DDSP (Downtown Downey Specific Plan).
F. The General Plan designation of the subject property is MU (Mixed Use).
G. On May 23, 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.
C. The Planning Commission held a duly noticed public hearing on June 5, 2013,
and, after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, adopted Resolution No.13-, approving
PLN 13-00085
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:
1. The request to revise the conditions of approval for Club DB Lounge (PLN-13-00085)
involves: 1) eliminating billiards from the description of activities associated with the
night club 2) expanding the floor area of Club DB Lounge into the adjacent tenant space
at 8210 Firestone Boulevard, and 3) prohibiting customer access to the mezzanine. The
requested conditional use permit for entertainment uses under the category “Bar/Night
Club/Live Entertainment” will not adversely affect the purpose and intent of the Downey
Municipal Code. The subject property is within the DDSP (Downtown Downey Specific
Plan) zone, and it is adjacent to other properties with the same zoning designation. The
requested conditional use permit will allow live entertainment in the form of musicians, a
disc jockey, and karaoke at the Club DB Lounge but 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 because the site
is developed as commercial use and service the immediate neighborhood already. The
subject 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.” Allowing a restaurant/bar with live entertainment in the
Downtown Core area will encourage people to come into the downtown and remain
there.
2. The proposed conditional use permit will not adversely affect the adjoining land uses
since the proposed use generally conforms to its DDSP zone development standards.
The “live entertainment” will complement the existing billiards parlor and surrounding
commercial uses and will serve the public with a use that the Downtown Downey
Specific Plan deems appropriate for uses within the Downtown Core area.
3. The size and shape of the subject property are 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
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Resolution No. 13-____
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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. 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 approves PLN-13-00085 (Conditional Use
Permit), subject to the conditions of approval attached hereto as Exhibit A, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 5
. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of June 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 5 day of June 2013,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONER:
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No. 13-____
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN-13-00085)
EXHIBIT A - CONDITIONS
PLANNING
1) Approval of this conditional use permit (PLN-13-00085) modifies the previously approved
conditions of approval for Club DB Lounge (PLN-11-00105, PLN-12-00178 and PLN-12-
00179) by authorizing the operation of a bar/night club with live entertainment in the form
of musicians, a disc jockey, and karaoke at 8206-8210 Firestone Boulevard in Downey.
2) Approval of this modification to PLN-11-00105 allows the Applicant to:1) eliminate four
billiards tables form the mezzanine, 2) prohibit customers from the mezzanine level, and
3) allow the nightclub to expand into the adjacent 2,800 square foot tenant space at
8210 Firestone Boulevard.
3) The Applicant shall not deviate from the stamped, approved plans on file with PLN-13-
00085.
4) The Applicant shall also provide the number of off-street parking spaces as required by
Chapter 7 of the Downey Municipal Code for the proposed modifications.
5) All conditions of approval set forth in Conditional Use Permit No. 94-40 shall remain in
force and in full effect. Deviations or exceptions from said approval shall not be
permitted without the approval of the City Planning Commission.
6) Approval of this Conditional Use Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of
the City of Downey Municipal Code shall apply.
7) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
8) No aspect of the use authorized by the approval of this conditional use permit shall be
allowed that would be considered as an adult cabaret.
9) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
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Resolution No. 13-____
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10) The Applicant and or property owner shall reconstruct the parking lot in accordance with
Article VII of the Downey Municipal Code, and shall be covered in Portland cement
concrete or asphaltic concrete.
11) The permitted hours of operation of the business are 3:00 p.m. to 2:00 a.m. Monday
through Sunday.
12) Hours of operation for the live entertainment shall be limited to 9:00 p.m. to 1:30 a.m.
Live entertainment shall be limited to not more than three singers or musicians at a time.
13) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
14) Customers shall not be within the business after closing time.
15) Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer
dancing only. All live entertainment shall cease thirty (30) minutes prior to closing.
16) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
Should any noise complaints be formally submitted to the Police Department/ Code
Enforcement, the applicant/owner shall be responsible to hire a noise consultant to
measure the dBA during a live entertainment use, and provide the evidence to the City
Planner.
17) The parking lot shall be equipped with lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons on or about the parking lot.
18) Alcohol shall not be sold for off-site consumption.
19) The owner/applicant shall be responsible for ensuring the subject property is free of litter
and graffiti. Should graffiti be applied, the applicant shall remove the graffiti within 24
hours.
20) The Applicant shall not permit any loitering on the property.
21) All signs shall comply with the requirements set forth in the Downey Municipal Code.
22) All developments in excess of $500,000 valuation that involve the construction or
reconstruction of light industrial, commercial or residential buildings (over 4 units) shall
be subject to the Public Arts Program. The Applicant shall either install public art on their
property or pay a cash payment equal to the public arts fee in accordance with the City
of Downey Manual for Arts in Public Places.
POLICE
23) The applicant shall obtain a Police Permit for the live entertainment as authorized by this
conditional use permit, within thirty (30) days of the approval of PLN-11-00105.
24) Payment for alcoholic beverage services shall be made only after such services have
been provided to the patrons by the business.
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Resolution No. 13-____
Downey Planning Commission
25) The owner/applicant shall impose a dress code that shall not permit patrons to wear the
following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are
worn backwards. Additionally, the dress code shall prohibit sandals and/or tank tops
after 8:00 p.m.
26) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the Alcohol Beverage Control (“ABC”) to the applicant and any applicable
regulations of ABC.
27) A copy of the Conditional Use Permit and Police Permit shall be prominently posted on
the premises at all times. The applicant shall make available said copies upon request
by any Police Officer or other City official charged with the enforcement of the City’s
laws, ordinances, or regulations.
28) The applicant shall provide licensed and bonded, uniformed patrolmen or security
guards at such times as determined by the Chief of Police. The number of security
guards shall be determined by the Chief of Police and may be increased or decreased
as the Chief of Police determines is necessary.
29) Signs shall be posted at all entrances to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises (including the parking lot).
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