HomeMy WebLinkAboutPC Resolution 14-2864 RESOLUTION NO. 14-2864
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00221 (CONDITIONAL USE PERMIT) -A REQUEST TO
ALLOW A TYPE 40 (ON SALE BEER)ABC LICENSE, THE OPERATION OF
LIVE ENTERTAINMENT AND COMMERCIAL RECREATION (YOGA, TAI CHI,
PILATES, AND MEDITATION SESSIONS) AT AN EXISTING BUSINESS (STAY
GALLERY) ON PROPERTY LOCATED AT 11140 DOWNEY AVENUE, AND
ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN - FIRESTONE BLVD
GATEWAY DISTRICT)
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 October 22, 2013, Valentin Flores submitted a Land Use Permit Application
(hereinafter referred to as PLN-13-00221), seeking the Planning Commission's
approval of a conditional use permit to allow a Type 40 (On Sale Beer)ABC license, the
operation of live entertainment and commercial recreation (Yoga, Tai Chi, Pilates, and
meditation sessions) at an existing business (Stay Gallery), in Downey.
B. The subject property is zoned DDSP (Downtown Downey Specific Plan - Firestone Blvd
Gateway District) with a land use designation of"MU" (Mixed Use).
C. On November 20, 2013, staff deemed the application complete.
D. On January 2, 2014, notice of the pending application was published in the Downey
Patriot but, notice was not mailed to all property owners within 500' of the subject
site. As such, the Planning Commission continued the item at their January 15, 2014,
meeting, to the next regularly scheduled Planning Commission meeting of February
5, 2014.
E. The Planning Commission held a duly noticed public hearing on February 5, 2014,
and after fully considering all oral and written testimony, facts, and opinions offered
at the aforesaid public hearing adopted this resolution, subject to conditions of
approval (Exhibit A).
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, regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
1. That the requested conditional use permit will not adversely affect the intent and
purpose of this article or the City's General Plan or the public convenience or
L general welfare of persons residing or working in the neighborhood thereof.
The subject site's use as a "cultural institution" is consistent with its General Plan
designation of"Mixed Use" being that it is a development that exhibits the physical
design characteristics of pedestrian-oriented, storefront-style design, that creates a more
active and vibrant street life. Additionally, the uses this conditional use permit will allow,
Resolution No. 14-2864
Downey Planning Commission
facilitate the fulfillment of Vision 2025 General Plan Policy 1.1.5, which obliges the
appropriation of land area for recreation and entertainment and Program 1.1.5.3, which
requires the promotion of recreation and entertainment uses that serve the public. This
conditional use permit request will enhance the cultural aspect of the existing use and
does not propose to change the existing development, by continuing the subject site's
compatibility with the development patterns and scale in the immediate area.
Nevertheless, the requested conditional use permit could adversely affect the purpose
and intent of the Downey Municipal Code, if the proposed uses generate sufficient noise
to effect adjacent tenants and impending residential uses in the vicinity. The Vision 2025
General Plan established a goal to minimize noise impacts on sensitive land uses.
Therefore, conditions of approval have been prepared to address potential noise
impacts.
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 subject site is in a fully developed area of the City, with few if any vacant properties
in the immediate vicinity. Inasmuch as the proposed use currently exists within a tenant
space, the proposed uses will not prevent surrounding properties from being
developed/redeveloped. Although one of the requests within this conditional use permit,
live entertainment, has the potential to create a noise impact, conditions of approval
have been included to mitigate such impacts. As such, the requested uses will not
adversely affect adjoining land uses or the growth and development of the 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 is adequate to allow the full development of
the proposed use in a manner not detrimental to the area. A 3,968 square foot, multi-
tenant commercial building and four (4) parking spaces comprise the subject site. The
existing gallery, for which this conditional use permit is being considered, occupies the
center unit of the four tenant spaces that the building consists of. The other tenants of
the building include a printing service, beauty salon, and retail store. The proposed uses
will be contained within an existing tenant space and does not require an expansion of
the building. Even though minimal tenant improvements may be required, the
improvements will not impact the existing uses on the site or other properties in the area.
4. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
The traffic generated by the proposed uses will not impose an undue burden upon the
streets and highways in the area. The Final Environmental Impact Report (FEIR) that
was prepared for the Downey Vision 2025 General Plan (SCH#2004031159), Chapter 2
- Circulation, Figure 2.1-1 - Circulation Plan, classifies Downey Avenue as a secondary
arterial. Figure 2.1-2 — Existing Traffic Volumes in the same document show that on
Downey Avenue between Firestone Boulevard (south of the subject site) and Florence
Avenue (north of the subject site), the existing Average Daily Traffic (ADT) volume is
approximately 12,200 Vehicles Per Day (VPD) and the adopted capacity as shown in
Figure 2.1-3, Projected Traffic Volumes, Chapter 2 — Circulation in the FEIR is 15,000
VPD demonstrating that Downey Avenue has sufficient capacity to absorb any additional
Conditional Use Permit(PLN-13-00221)—11140 Downey Avenue
February 5,2014-Page 2
Resolution No. 14-2864
Downey Planning Commission
L. traffic the requested uses may create.
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 the Conditional
Use Permit (PLN-13-00221), subject to 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 February, 2014
Z /
iiill i
P•uis Mora -s, Ch:irman
City Planni'g 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 5th day of February,
2014, by the following vote, to wit:
LAYES: COMMISSIONERS: Morales, Kiefer, Lujan and Rodriguez
ABSENT: COMMISSIONERS: None
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Flores
{_ Cam, U
Mary anagh,h, Secret
9
City Planning Commission
L
Conditional Use Permit(PLN-13-00221)—11140 Downey Avenue
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Resolution No. 14-2864
Downey Planning Commission
EXHIBIT A— CONDITIONS OF APPROVAL
PLN-13-00221 (CONDITIONAL USE PERMIT)
1) The approval of this Conditional Use Permit (PLN-13-00221) allows for a Type 40 (On
Sale Beer) ABC license, the operation of live entertainment and commercial recreation
at an existing business (Stay Gallery, a cultural institution) on property located at 11140
Downey Avenue.
2) Approval of the Conditional Use Permit (PLN-12-00221) 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.
3) The Owner/Applicant agrees 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.
4) 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.
5) The applicant will only to serve alcohol within the confines of the existing tenant space in
which the business exists.
6) The sale and consumption of alcoholic beverages is limited to the hours between 12:00
p.m. and 1:00 a.m. Monday through Sunday.
7) Live entertainment is limited to the following types:
• Live musical performances (amplified and acoustic)
• Cinema (movie nights and movie screenings only)
• Readings (poetry and spoken word only)
• Stand-up Comedy
• Theatre (monologues, plays and musicals only)
• Performance of Interpretive and Modern Dance
• Karaoke
• Disc Jockey, only as an ancillary use to an exhibit or special event
• Fashion Shows
Conditional Use Permit(PLN-13-00221)—11140 Downey Avenue
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Resolution No. 14-2864
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8) A dance floor is not allowed at any time.
9) Live entertainment is limited to the followings days and times:
• Thursdays and Fridays -7:00 p.m. to 1:00 a.m.
• Saturdays - 11:00 a.m. to 1:00 a.m.
• Sundays - 11:00 a.m. to 12:00 a.m.
10) Commercial Recreation is limited to the following types:
• Yoga
• Power Yoga (Piyo)
• Tai Chi
• Pilates
• Meditation classes
11) Commercial Recreation is limited to the following days and times:
• Sundays and Mondays - 6:00 a.m. to 10:00 a.m.
• Tuesdays- 7:00 p.m. to 10:00 p.m.
• Wednesdays -6:00 a.m. to 9:00 a.m.
• Saturdays—9:00 a.m. to 11:00 a.m.
12) The Applicant shall remove any graffiti applied to the site within 48 hours.
13) The door on the east (rear) side of the business (facing the adjacent parking lot and
alley) shall remain closed at all times, except to permit emergency egress as needed.
14) There shall be no customer exiting through the east (rear) door or loitering within the
subject site, adjacent parking lot, alley or adjacent properties at any time.
15) Noise generated from the business shall not exceed 65 db(A) as measured from the
property line.
16) The business owner shall keep all areas under his/her control free of litter and debris.
17) All signs shall comply with the requirements set forth in the Downey Municipal Code.
18) All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
19) Prior to the commencement of any construction, the owner/applicant shall obtain all
required permits. Additionally, the applicant shall obtain all necessary inspections, permit
finals, and a Certificate of Occupancy (CofO) prior to the implementation of this
conditional use permit.
20) Occupancy loads shall be posted and be limited to 137 Standing Room Only (SRO) or
98 non-fixed chairs as per the 2013 California Building Code.
Conditional Use Permit(PLN-13-00221)—11140 Downey Avenue
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Resolution No. 14-2864
Downey Planning Commission
21) A copy of the Conditional Use 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.
22) The Applicant shall obtain any and all required Fire Department permits.
23) The Applicant shall obtain any and all required Police Department permits.
24) The Applicant shall provide licensed and bonded, uniformed patrolmen or security
guards at such times as determined by, and in consultation with, 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.
25) Signs shall be posted at all entrances to the premises and business identifying a zero-
tolerance policy for nuisance behavior at the premises.
26) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the California Department of Alcohol and Beverage Control (ABC) to the
applicant and any applicable regulations of ABC.
27) Special One-day Event ABC license permits are limited to 18 per calendar year and shall
be approved at the discretion of the Police Department.
a) All Special One-day Event ABC license permits issued to this address must be
monitored by the Applicant at all times.
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