HomeMy WebLinkAboutPC Resolution 13-2832 RESOLUTION NO. 13 -2832
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 -8212
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, 2012, 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 -8212 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 involves: 1) 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 spaces at
8210 -8212 Firestone Boulevard.
Resolution No. 13 -2832
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 -2832,
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 spaces at
8210 -8212 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
spaces, which the Applicant will satisfy by paying for parking credits in lieu of
PLN -13 -00085 — 8206 -8212 Firestone Blvd
June 5, 2013 - Page 2
Resolution No. 13 -2832
Downey Planning Commission
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
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 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.
if
Touis oral s, Chairman
City Plan • g Commission
1 HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
z 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: Lujan, Flores, Rodriguez, Kiefer, Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONER: None
mo t /L A, ( �� f- �L
Mary Cavanagh, Secretary _)
City Planning Commission
PLN -13 -00085 — 8206 -8212 Firestone Blvd
June 5, 2013 - Page 3
•
Resolution No. 13 -2832
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 -8212 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 8212
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.
PLN-13-00085 — 8206 -8212 Firestone Blvd
June 5, 2013 - Page 4
Resolution No. 13 -2832
Downey Planning Commission
10) The Applicant and or property owner shall reconstruct the parking lot in accordance with
L Article VII of the Downey Municipal Code, and shall be covered in Portland cement
concrete or asphaltic concrete by December 31, 2013.
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 1:45 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 fifteen (15) 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.
L 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,
to the satisfaction of City staff, to include the Community Development Department and
the Downey Police Department, by December 31, 2013.
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
L 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.
PLN -13 -00085 — 8206 -8212 Firestone Blvd
June 5, 2013 - Page 5
Resolution No. 13 -2832
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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