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Home My WebLink About2. PLN-14-00051 8206 FirestoneSTAFF REPORT PLANNING DIVISION DATE: AUGUST 20, 2014 TO: PLANNING COMMISSION FROM: ALDO SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-14-00051- REVISION “D” TO PLN-11-00105 (CONDITIONAL USE PERMIT) TO ALLOW PERFORMERS (GO-GO DANCERS) AT CLUB DB LOUNGE LOCATION: 8206-8212 FIRESTONE BOULEVARD, DOWNEY ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) BACKGROUND During its Regular Meeting on July 16, 2014, the Planning Commission held a public hearing to discuss PLN-14-00051, a proposal by the Applicant and owner of Club DB Lounge to revise a previously approved conditional use permit (PLN-11-00105) for the night club. The Applicant sought the Commission’s approval to extend the hours of operation and live entertainment to 4:00 a.m., to allow valet parking, to serve alcoholic beverages on the outdoor patio area, and to allow performers (Go-Go Dancers) as live entertainment. The Planning Commission considered all of the information it received during the public hearing on all four aspects of PLN-14-00051. With that, they adopted Resolution No. 14-2884 to approve the serving of alcoholic beverages on the outdoor patio area. The Commissioners agreed that the Applicant’s request to extend the hours of operation and live entertainment is not consistent with the Downey Municipal Code regulations for dance halls. They also agreed that the valet parking proposal could result in on-site circulation issues and traffic problems on public streets in the vicinity. After discussing all aspects of the Applicant’s request to allow Go-Go Dancers as live entertainment at Club DB Lounge, the Planning Commission wanted to consider a list of potential conditions of approval for regulating the operation of Club DB Lounge and the Go-Go Dancers, before deciding to approve them. Therefore, the Planning Commission continued the public hearing on PLN-14-00051 to a date certain, August 20, 2014, and directed staff to return with resolutions to deny the Applicant’s request to extend the hours of operation and live entertainment, and the Applicant’s request for valet parking. The Planning Commission also directed staff to prepare a resolution with conditions of approval for them to consider regarding the Go-Go Dancers. Go-Go Dancers During the first few months of 2012, the Applicant incorporated Go-Go Dancers to augment the club experience at Club DB Lounge; however, Downey Police directed him to cease this activity Agenda Page1 2 because the Go-Go Dancers were not consistent with the provisions of the Club DB (Downy’s Billiards) live entertainment permit. On March 7, 2012 and April 8, 2013, the Planning Commission denied two conditional use permit requests made by the Applicant for Go-Go Dancers (PLN-11-00105 and PLN-13-00007). On both occasions, the Commission denied the Applicant’s request to allow Go-Go Dancers as live entertainment because they were concerned that the Go-Go Dancers were comparable to the type of activities associated with adult businesses. PLN-14-00051 marks the third attempt by the Applicant to obtain the City’s approval for Go-Go Dancers. Through PLN-14-00051, he is requesting the Planning Commission to reconsider its previous stance and approve the Go-Go Dancers for Club DB. The Commissioners offered a variety of responses to this matter: Pros • The use could increase the numbers of young people in the downtown area. • Police Department calls for service have dropped due to the number of days that Club DB Lounge is open. • Police related issues and concerns could be handled through the conditions of approval. • The Go-Go Dancers could promote business activity in the Downtown area. • The use should be allowed subject to a six-month review. • Go-go dancing is acceptable as long as the dancers perform tastefully. • Go-Go Dancers do not cause issues. • Go-Go Dancers are not a problem for younger age group members. • Go-go dancing is consistent with the Downey Municipal Code objectives to create a vibrant downtown that is a destination for persons to dine, shop, and be entertained. • Staff can provide conditions of approval that could regulate the operation of Club DB Lounge and the Go-Go Dancers. Cons • Go-Go Dancers will create issues with safety, security, and result in additional police incidents. • The use could have a negative effect on the Downtown area. • Go-go dancing could have negative secondary effects on the community. • Many Downey residents do not want go-go dancing. • Go-Go dancing related problems could cause a strain on the Downey Police and Fire Department resources. DISCUSSION After receiving comments from the Applicant, testimony from the Planning staff regarding the Applicant’s requests, and statements from the Downey Police Department regarding calls for service at the Club DB Lounge, the Planning Commission adopted Resolution No. 14-2884 to approve the serving of alcoholic beverages on the outdoor patio area. However, the Planning Commission continued the public hearing on PLN-14-00051 to a date certain, August 20, 2014, and directed staff to return with a resolution to deny the Applicant’s request to extend the Agenda Page2 3 hours of operation and the Applicant’s request for valet parking. With this direction, staff prepared the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY, PLN-14-00051- REVISION “D” TO PLN-11-00105 (CONDITIONAL USE PERMIT), DENYING A REQUEST TO EXTEND THE HOURS OF OPERATION AND LIVE ENTERTAINMENT TO 4:00 A.M., AND DENYING A REQUEST TO ALLOW VALET PARKING AT CLUB DB LOUNGE ON PROPERTY LOCATED AT 8206 FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN The Planning Commission also directed staff to prepare conditions of approval for them to consider before making a final decision on the Go-Go Dancers at the continued public hearing on August 20, 2014; therefore, staff prepared the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00051- REVISION “D” TO PLN-11-00105 (CONDITIONAL USE PERMIT), TO ALLOW PERFORMERS (PROFESSIONAL GO-GO DANCERS) AT CLUB DB LOUNGE ON PROPERTY LOCATED AT 8206 FIRESTONE BOULEVARD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN The Planning Commission denied previous attempts by the Applicant to obtain the City’s approval of Go-Go Dancers as an approved form of live entertainment at Club DB Lounge because they were concerned that the Go-Go Dancers would operate as an adult cabaret, which could increase policing activities at Club DB Lounge. Staff recommended denial of Club DB Lounge’s request, and based upon the Planning Commission’s direction included the following conditions of approval in the proposed resolution to address the Planning Commission’s direction, as well as the issues expressed during the public hearing of July 16, 2014: PLANNING 1) Approval of this conditional use permit (PLN-14-00051) modifies the previously approved conditions of approval for Club DB Lounge (PLN-11-00105, PLN-12-00178, PLN-12- 00179, and PLN-13-00085) by authorizing the operation of a bar/night club with live entertainment in the form of musicians, a disc jockey, professional Go-Go Dancers and karaoke at 8206-8212 Firestone Boulevard in Downey. 2) Approval of this modification to PLN-11-00105 allows professional Go-Go Dancers at Club DB, 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. Agenda Page3 4 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. 10) The Applicant shall comply with all conditions of approval set forth in this resolution before the Conditional Use Permit becomes valid. 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. 13) Customers shall not be within the business after closing time. 14) Live entertainment shall be limited to live bands, disc jockeys, karaoke, professional Go- Go Dancers, and customer dancing only. Live entertainment shall be limited to not more than three singers or musicians at a time and not more than two (2) professional Go-Go Dancers at a time. All live entertainment shall cease thirty (30) minutes prior to closing. 15) 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 Agenda Page4 5 measure the dBA during a live entertainment use, and provide the evidence to the City Planner. 16) 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. 17) Alcohol shall not be sold for off-site consumption. 18) The Planning Commission shall conduct a review this Conditional Use Permit (PLN-14- 00051) six (6) months after adoption of this resolution, to determine the Applicant’s adherence to these conditions of approval and to evaluate any issues that arose during this time. The Planning Commission has the discretion to order continued review of this proposal on a yearly basis after it becomes valid. The City Planner shall prepare a written report to the Planning Commission detailing the business’s compliance with all CUP conditions. The Planning Commission and the City Council reserve the right to add, delete, modify conditions, or revoke the conditional use permit, in accordance with the Downey Municipal Code. 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) The Applicant shall install a trash enclosure in an area agreed upon by City staff. The trash enclosure shall incorporate solid metal gates with self-closing latching mechanisms. 23) The Licensee shall be responsible for monitoring the bar area to prevent anyone under the age of 21 from consuming alcohol. The licensee shall also be responsible in preventing anyone from furnishing alcohol to any person under the age of 21. POLICE 24) 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-14-00051. 25) Payment for alcoholic beverage services shall be made only after such services have been provided to the patrons by the business. 26) 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. Agenda Page5 6 27) 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. 28) 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. 29) 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. 30) 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). 31) Prior to the start of professional Go-Go Dancers as live entertainment at Club DB Lounge, the Downey Chief of Police shall review and approve the Applicant’s security plan. Go-Go Dancers 32) The professional Go-Go Dancers shall be contract laborers, and shall require background checks and approved City business licenses before performing. 33) All customers, employees, and individuals within the environs of Club DB are prohibited from tipping the professional Go-Go Dancers. 34) The groping, touching, or fondling of the professional Go-Go Dancers by any and all customers, employees, and individuals within the environs of Club DB is prohibited. 35) Professional Go-Go Dancers may perform as live entertainment at Club DB Lounge during the hours of 9:00 p.m. and 11:00 p.m. Thursdays, Fridays, and Saturdays only. 36) Professional Go-Go Dancers shall perform on raised platforms, no greater than three feet (3’) in height. The platforms shall be a minimum distance of ten feet (10’) away from any customer dancing and shall meet the Building Code requirements. 37) A velvet rope shall provide a minimum three foot (3’-0”) separation between the professional Go-Go Dancers platforms and the dance areas. 38) There shall not be more than one professional Go-Go Dancer per platform. 39) The Applicant shall provide a private dressing room for the professional Go-Go dancers’ use. There shall be one (1) security guard stationed next to the Go-Go Dancer dressing room at all times and one (1) security guard assigned to escort each professional Go-Go dancer throughout the Club DB Lounge premises. Agenda Page6 7 40) The Applicant shall provide a floor plan of Club DB Lounge to indicate the locations of the professional Go-Go Dancer’s dressing rooms, the Go-Go Dancer dance platforms and the velvet ropes. The City Planner shall approve this site plan before PLN-14-00051 becomes valid. 41) All professional Go-Go Dancers shall be clothed such that their “specified anatomical areas” as defined in Section 9402 (Adult Businesses) of the Downey Municipal Code and must be covered completely with clothing that is not transparent or opaque. 42) The approval of PLN-14-00051 precludes the professional Go-Go Dancers from wearing lingerie, underwear, bikinis, G-strings, thongs, or pasties as part of their outerwear or performance costume. 43) Professional Go-Go Dancers shall not engage in any specified sexual activities as defined Section 9402 (Adult Businesses) of the Downey Municipal Code. 44) Professional Go-Go Dancers cannot touch, fondle, or grope themselves, other dancers, or patrons while they are dancing. 45) The professional Go-Go Dancers shall not utilize poles, bars, trapeze swings, or any other props during their performances. 46) The professional Go-Go Dancers shall not be visible from Firestone Boulevard. 47) The Applicant shall incorporate measures in the Security Plan to ensure adherence to these conditions. 48) Only two (2) professional Go-Go Dancers are permitted with this application. 49) There shall be one (1) security guard stationed next to each Go-Go Dancer platform while a Go-Go Dancer is dancing to ensure compliance with these conditions. H:\Community Development\Davis\cases\cup\PLN-14-00051 (Club DB)\8-20-14 Staff Report.docx Agenda Page7 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00051- REVISION “D” TO PLN-11-00105 (CONDITIONAL USE PERMIT), TO ALLOW PERFORMERS (PROFESSIONAL GO-GO DANCERS) AT CLUB DB LOUNGE ON PROPERTY LOCATED AT 8206 FIRESTONE BOULEVARD, 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 June 5, 2013, the Planning Commission adopted Resolution No.13-2832, approving PLN-13-00085, (Revision ‘C’ To PLN-11-00105) to modify the conditions of approval for Club DB Lounge to: 1) eliminate four billiard/pool tables from the approved uses, 2) prohibit customers from the mezzanine level, and 3) allow the nightclub to expand into the adjacent 2,800 square foot tenant space (8210-8212 Firestone Blvd). E. On March 20, 2014, the Applicant submitted a Land Use Permit Application to obtain the Planning Commission’s approval of PLN-15-00051, requesting to: 1) extend the hours of operation and live entertainment to 4:00 a.m.; 2) allow valet parking; 3) allow the Applicant to serve alcoholic beverages on the outdoor patio area; and 4) allow performance art dancers (Go-Go Dancers) as live entertainment at Club DB Lounge. F. The subject property is zoned DDSP (Downtown Downey Specific Plan). Agenda Page8 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 2 G. The General Plan designation of the subject property is MU (Mixed Use). H. Staff found this application to be complete on April 25, 2014 and scheduled it for the regularly scheduled Planning Commission meeting of May 21, 2014. I. Staff received a request for postponement of the May 21, 2014 meeting, from the Applicant’s representative, to the regularly scheduled meeting of June 4, 2014. Following this postponement, the Applicant’s representative requested a second extension to the Commission’s regularly scheduled meeting of June 18, 2014. However, on June 10, 2014, the Applicant submitted an extension request to allow research to be completed; this extension postponed the hearing to any regularly scheduled Planning Commission meeting prior to or on September 23, 2014. J. On July 3, 2014, 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. K. The Planning Commission held a duly noticed public hearing on July 16, 2014, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 14-2884 to approve the serving of alcoholic beverages on the outdoor patio area at Club DB lounge; however, the Planning Commission also continued the public hearing on PLN-14-00051 to a date certain, August 20, 2014, and directed staff to return with a resolution to deny the Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m., and the Applicant’s request for valet parking. The Planning Commission also directed staff to prepare findings and conditions of approval reflecting the Commission’s input and action, for staff to consider before making a final decision on the Go-Go Dancers. L. On August 20, 2014, the Planning Commission re-opened the continued public hearing and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution 14-______, approving the Applicant’s request to allow Go-Go Dancers at Club DB Lounge. 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 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-11-00105) involves the Applicant’s request to allow performers (Go-Go Dancers) as live entertainment. Agenda Page9 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 3 The Applicant’s desire to incorporate Go-Go Dancers will not 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.” Club DB is a night club that features live entertainment and the use is consistent with this program. A survey of cities with night clubs that featured Go-Go Dancers indicated that in most cases, those uses were not problematic with the proper regulations in place to control the performers and patrons. Also, Downey Police records indicate that the calls for service at Club DB have reduced dramatically over the past eighteen months, due to a greater emphasis on security by the Applicant. Therefore, the conditions of approval associated with this application will ensure that the presence of Go-Go Dancers does not affect the purpose and intent of the Downey Municipal Code and the Downtown Downey Specific Plan adversely. The Downey Police Department evaluated the Applicant’s security plan to ensure that the Applicant provides an adequate number of security guards to monitor various areas of the establishment (i.e. parking lot, entrance, dance area), and that the applicant shall abide by the requirements and performance guidelines established by the security plan at all times. B. 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 aspects of the request to revise the conditions of approval for Club DB Lounge (PLN-11-00105) regarding performers (Go-Go Dancers) will not adversely affect the adjoining land uses because the proposed use generally conforms to its DDSP zone development standards. The Go-Go Dancers will complement Club DB and provide energy in the Downtown area with uses that the Downtown Downey Specific Plan deems appropriate for the Downtown Core area. C. 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 the Applicant’s request to allow performers (Go-Go Dancers) as live entertainment because the recent expansion to Club DB Lounge is designed to accommodate these uses, in a manner not detrimental to the area since the proposed change does not include further expansion of the existing building. D. 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. The Planning Commission has reviewed the proposal and any potential increase in traffic caused by operation of the business. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that the business might generate. 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-14-00051 to allow performers (Go-Go Dancers) at Club DB Lounge on property located at 8206 Firestone Boulevard. Agenda Page10 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 4 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ____day of _____ 2014. Robert Kiefer, Chairman City Planning 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 ___ day of ___ 2014, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page11 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 5 CONDITIONAL USE PERMIT (PLN-14-00051) EXHIBIT A - CONDITIONS PLANNING 1) Approval of this conditional use permit (PLN-14-00051) modifies the previously approved conditions of approval for Club DB Lounge (PLN-11-00105, PLN-12-00178, PLN-12- 00179, and PLN-13-00085) by authorizing the operation of a bar/night club with live entertainment in the form of musicians, a disc jockey, professional Go-Go Dancers and karaoke at 8206-8212 Firestone Boulevard in Downey. 2) Approval of this modification to PLN-11-00105 allows professional Go-Go Dancers at Club DB, 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. 10) The Applicant shall comply with all conditions of approval set forth in this resolution before the Conditional Use Permit becomes valid. Agenda Page12 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 6 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. 13) Customers shall not be within the business after closing time. 14) Live entertainment shall be limited to live bands, disc jockeys, karaoke, professional Go- Go Dancers, and customer dancing only. Live entertainment shall be limited to not more than three singers or musicians at a time and not more than two (2) professional Go-Go Dancers at a time. All live entertainment shall cease thirty (30) minutes prior to closing. 15) 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. 16) 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. 17) Alcohol shall not be sold for off-site consumption. 18) The Planning Commission shall conduct a review this Conditional Use Permit (PLN-14- 00051) six (6) months after adoption of this resolution, to determine the Applicant’s adherence to these conditions of approval and to evaluate any issues that arose during this time. The Planning Commission has the discretion to order continued review of this proposal on a yearly basis after it becomes valid. The City Planner shall prepare a written report to the Planning Commission detailing the business’s compliance with all CUP conditions. The Planning Commission and the City Council reserve the right to add, delete, modify conditions, or revoke the conditional use permit, in accordance with the Downey Municipal Code. 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) The Applicant shall install a trash enclosure in an area agreed upon by City staff. The trash enclosure shall incorporate solid metal gates with self-closing latching mechanisms. 23) The Licensee shall be responsible for monitoring the bar area to prevent anyone under the age of 21 from consuming alcohol. The licensee shall also be responsible in preventing anyone from furnishing alcohol to any person under the age of 21. Agenda Page13 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 7 POLICE 24) 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-14-00051. 25) Payment for alcoholic beverage services shall be made only after such services have been provided to the patrons by the business. 26) 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. 27) 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. 28) 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. 29) 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. 30) 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). 31) Prior to the start of professional Go-Go Dancers as live entertainment at Club DB Lounge, the Downey Chief of Police shall review and approve the Applicant’s security plan. Go-Go Dancers 32) The professional Go-Go Dancers shall be contract laborers, and shall require background checks and approved City business licenses before performing. 33) All customers, employees, and individuals within the environs of Club DB are prohibited from tipping the professional Go-Go Dancers. 34) The groping, touching, or fondling of the professional Go-Go Dancers by any and all customers, employees, and individuals within the environs of Club DB is prohibited. 35) Professional Go-Go Dancers may perform as live entertainment at Club DB Lounge during the hours of 9:00 p.m. and 11:00 p.m. Thursdays, Fridays, and Saturdays only. 36) Professional Go-Go Dancers shall perform on raised platforms, no greater than three feet (3’) in height. The platforms shall be a minimum distance of ten feet (10’) away from any customer dancing and shall meet the Building Code requirements. Agenda Page14 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 8 37) A velvet rope shall provide a minimum three foot (3’-0”) separation between the professional Go-Go Dancers platforms and the dance areas. 38) There shall not be more than one professional Go-Go Dancer per platform. 39) The Applicant shall provide a private dressing room for the professional Go-Go dancers’ use. There shall be one (1) security guard stationed next to the Go-Go Dancer dressing room at all times and one (1) security guard assigned to escort each professional Go-Go dancer throughout the Club DB Lounge premises. 40) The Applicant shall provide a floor plan of Club DB Lounge to indicate the locations of the professional Go-Go Dancer’s dressing rooms, the Go-Go Dancer dance platforms and the velvet ropes. The City Planner shall approve this site plan before PLN-14-00051 becomes valid. 41) All professional Go-Go Dancers shall be clothed such that their “specified anatomical areas” as defined in Section 9402 (Adult Businesses) of the Downey Municipal Code and must be covered completely with clothing that is not transparent or opaque. 42) The approval of PLN-14-00051 precludes the professional Go-Go Dancers from wearing lingerie, underwear, bikinis, G-strings, thongs, or pasties as part of their outerwear or performance costume. 43) Professional Go-Go Dancers shall not engage in any specified sexual activities as defined Section 9402 (Adult Businesses) of the Downey Municipal Code. 44) Professional Go-Go Dancers cannot touch, fondle, or grope themselves, other dancers, or patrons while they are dancing. 45) The professional Go-Go Dancers shall not utilize poles, bars, trapeze swings, or any other props during their performances. 46) The professional Go-Go Dancers shall not be visible from Firestone Boulevard. 47) The Applicant shall incorporate measures in the Security Plan to ensure adherence to these conditions. 48) Only two (2) professional Go-Go Dancers are permitted with this application. 49) There shall be one (1) security guard stationed next to each Go-Go Dancer platform while a Go-Go Dancer is dancing to ensure compliance with these conditions. Agenda Page15 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY, PLN-14-00051- REVISION “D” TO PLN-11-00105 (CONDITIONAL USE PERMIT), DENYING A REQUEST TO EXTEND THE HOURS OF OPERATION AND LIVE ENTERTAINMENT TO 4:00 A.M., AND DENYING A REQUEST TO ALLOW VALET PARKING AT CLUB DB LOUNGE 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 June 5, 2013, the Planning Commission adopted Resolution No.13-2832, approving PLN-13-00085, (Revision ‘C’ To PLN-11-00105) to modify the conditions of approval for Club DB Lounge to: 1) eliminate four billiard/pool tables from the approved uses, 2) prohibit customers from the mezzanine level, and 3) allow the nightclub to expand into the adjacent 2,800 square foot tenant space (8210-8212 Firestone Blvd). E. On March 20, 2014, the Applicant submitted a Land Use Permit Application to obtain the Planning Commission’s approval of PLN-15-00051, requesting to: 1) extend the hours of operation and live entertainment to 4:00 a.m.; 2) allow valet parking; 3) allow the Applicant to serve alcoholic beverages on the outdoor patio area; and 4) allow performance art dancers (Go-Go dancers) as live entertainment at Club DB Lounge. Agenda Page16 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 2 F. The subject property is zoned Downtown Downey Specific Plan (DDSP). G. The General Plan designation of the subject property is Mixed Use (MU). H. Staff found this application to be complete on April 25, 2014 and scheduled it for the regularly scheduled Planning Commission meeting of May 21, 2014 I. Staff received a request for postponement of the May 21, 2014 meeting, from the Applicant’s representative, to the regularly scheduled meeting of June 4, 2014. Following this postponement, a second extension was requested by the Applicant’s representative to the Commission’s regularly scheduled meeting of June 18, 2014. However, on June 10, 2014, the Applicant submitted an extension request to allow for research to be completed; this extension postponed the hearing to any regularly scheduled Planning Commission meeting prior to or on September 23, 2014. J. On July 3, 2014, 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. K. The Planning Commission held a duly noticed public hearing on July 16, 2014, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 14-2884 to approve the serving of alcoholic beverages on the outdoor patio area at Club DB lounge; however, the Planning Commission also continued the public hearing on PLN-14-00051 to a date certain, August 20, 2014, and directed staff to return with resolutions to deny the Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m., and the Applicant’s request for valet parking. L. On August 20, 2014, the Planning Commission re-opened the continued public hearing and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 14-2884 denying the Applicant’s proposal to extend the hours of operation and live entertainment to 4:00 a.m., and the Applicant’s request for valet parking. 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. 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. a. Valet Parking. The proposed plan meets Section 9722 of the Downey Municipal Code, which provides the standards for valet/attendant parking. The parking layout provides a parking angle of 45 degrees with parking spaces that are 11’-3” in width and twenty feet in depth and a driveway aisle that is thirteen feet wide. However, the valet parking Agenda Page17 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 3 service could encumber adjacent businesses to the east of the subject site if vehicle- stacking occurs near the Club DB entrance and thereby prevent easterly movements on the one-way driveway aisle. The valet service could result in vehicles stacking onto La Reina, which would impact the adjacent businesses to the east as well. The proposed valet service fee could create issues if Club DB customers seek out parking elsewhere. The potential exists for patrons to park on the opposite side of Firestone north of the subject property, which raises the potential for pedestrian vs. automobile type collisions. These problems would be intensified by the Code requirement that the valet service must be provided at all times. b. Extension of Hours. The proposal to extend the hours of operation and live entertainment to 4:00 a.m. will adversely affect the purpose and intent of the Downey Municipal Code regulations for dance halls. Section 6505 of the Code defines the night club as a dance hall. Section 6507.1 of the Code provides that no person shall operate any premises or carry on any activity (dance hall) at any such premises for which a permit is required between the hours of 1:30 a.m. and 10:00 a.m. Therefore, according to the Downey Municipal Code, live entertainment cannot occur beyond 1:30 a.m. 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. a. Valet Parking. The activity could prevent access to adjacent commercial uses to the east and cause circulation problems on La Reina Avenue, if stacking problems occur. Through Police Department research, live entertainment has proven to become a forerunner in the increased need for policing in locations such as Club DB, thereby adversely affecting adjoining land uses. b. Extensions of Hours. Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m. is contrary to the City’s dance hall regulations, found at Downey Municipal Code Section 6507.1, which are intended to preserve the public peace and safety. 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. a. Extensions of Hours. The size and shape of the subject property is generally adequate to allow for the Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m. because the recent expansion to Club DB Lounge is designed to accommodate these uses, in a manner not detrimental to the area since the proposed change does not include further expansion of the existing building. b. Valet Parking. The site is inadequate in size to satisfy the Applicant’s request for valet parking because this service could encumber adjacent businesses to the east of the subject site if vehicle- stacking occurs near the Club DB entrance and thereby prevent easterly movements on the one-way driveway aisle. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. a. Extension of Hours The Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m. will not impose an undue burden upon streets and highways in the area. The subject site is near the core area of Downtown Downey, with arterial Agenda Page18 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd August 20, 2014 - Page 4 access being provided from Firestone Boulevard and/or Paramount Boulevard. The Planning Commission has reviewed the proposal and any potential increase in traffic caused by operation of the business. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that the business might generate. b. Valet Parking. Nevertheless, the proposed valet service could cause circulation problems on La Reina Avenue if queuing problems occur due to valet parking activity. 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-14-00051 (Conditional Use Permit) - a request to: 1) extend the hours of operation and live entertainment to 4:00 a.m.; and 2) allow valet parking. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ____day of _____ 2014. Robert Kiefer, Chairman City Planning 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 ___ day of ___ 2014, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page19 STAFF REPORT PLANNING DIVISION DATE: JULY 16, 2014 TO: PLANNING COMMISSION FROM: ALDO SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-14-00051- REVISION “D” TO PLN-11-00105 (CONDITIONAL USE PERMIT) TO: 1) SERVE ALCOHOLIC BEVERAGES ON THE OUTDOOR PATIO AREA; 2) EXTEND THE HOURS OF OPERATION AND LIVE ENTERTAINMENT TO 4:00 A.M.; 3) ALLOW DANCE PERFORMERS (GO-GO DANCERS); AND 4) ALLOW VALET PARKING AT CLUB DB LOUNGE LOCATION: 8206-8212 FIRESTONE BOULEVARD, DOWNEY ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) REPORT SUMMARY The Applicant seeks the Planning Commission’s approval of PLN-14-00051, to revise a previously approved conditional use permit (PLN-11-00105) to: 1) extend the hours of operation and live entertainment to 4:00 a.m.; 2) allow valet parking; 3) serve alcoholic beverages on the outdoor patio area; and 4) allow dance performers (Go-Go dancers) as live entertainment at Club DB Lounge, located at 8206 Firestone Boulevard. In recent years, the Planning Commission has considered a number of requests associated with Club DB Lounge and the subject property, including PLN-13-00007 through which the Applicant sought to include Go-Go dancers among the description of live entertainment activities allowed at Club DB Lounge. More than twelve months have elapsed since the Planning Commission denied that request on April 3, 2013; consequently, the Applicant is eligible to reapply for the Go-Go dancers. After reviewing the Applicant’s request and upon receiving comments from the Downey Police Department regarding this application, staff recommends that the Planning Commission adopt the following resolutions: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00051 (CONDITIONAL USE PERMIT) – REVISION “D” TO PLN-11-00105 (CONDITIONAL USE PERMIT) TO ALLOW THE SERVING OF ALCOHOLIC BEVERAGES IN THE OUTDOOR PATIO AREA, AT CLUB DB LOUNGE ON PROPERTY LOCATED AT 8206 FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING PLN-14-00051 (CONDITIONAL USE PERMIT) - A REQUEST TO: 1) EXTEND THE HOURS OF OPERATION AND LIVE ENTERTAINMENT TO 4:00 A.M.; 2) ALLOW VALET PARKING; AND 3) ALLOW DANCE PERFORMERS (GO-GO DANCERS) AT CLUB DB LOUNGE ON PROPERTY LOCATED AT 8206 FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) Agenda Page20 PLN-14-00051 July 8, 2014 Page 2 BACKGROUND On March 20, 2014, the Applicant submitted a complete Land Use Permit Application to obtain the Planning Commission’s approval of PLN-14-00051. The application was advertised for a public hearing on May 21, 2014, but Staff received a request for postponement from the Applicant’s representative to the regularly scheduled meeting of June 4, 2014. Following this postponement, a second extension was requested by the Applicant’s representative to the Commission’s regularly scheduled meeting of June 18, 2014. However, on June 10, 2014, the Applicant submitted an extension request to allow for research to be completed; this extension postponed the hearing to any regularly scheduled Planning Commission meeting prior to or on September 23, 2014. This application represents the fourth revision to PLN-11-00105. It is a request to: 1) extend the hours of operation and live entertainment to 4:00 a.m.; 2) allow valet parking; 3) serve alcoholic beverages on the outdoor patio area; and 4) allow dance performers (Go-Go dancers) as live entertainment at Club DB Lounge. The subject property is located at 8206 Firestone Boulevard. For several years, the Applicant operated Downey’s Billiards as a billiards parlor with 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). Three years ago, the Applicant changed the business name to Club DB Lounge and changed the operation to emphasize bar/night club/live entertainment. He operated without a conditional use permit because Downey’s Billiards began prior to the City’s adoption of the Downtown Specific Plan, which required a conditional use permit for bar/night club/live entertainment uses. Nevertheless, the Applicant had an entertainment permit from the Downey Police Department, which allowed him to operate with live entertainment. Since March 2012, the Applicant has obtained the Planning Commission’s approval of the following: 1. PLN-11-00105 (Conditional Use Permit) to operate Club DB as a billiard parlor with live entertainment; 2. PLN-12-00178 (Conditional Use Permit) a modification to the description of uses at Club DB Lounge as described in the conditions of approval of PLN-11-00105 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; 3. PLN-12-00179 (Conditional Use Permit) a shared parking agreement; and 4. PLN-13-00085 (Conditional Use Permit) allowing the expansion of Club DB into the adjacent 2,800 square foot tenant space at 8210-8212 Firestone Boulevard. LOCATION, ZONING AND SURROUNDING LAND USES The subject site is located on the south side of Firestone Boulevard, east 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 Agenda Page21 PLN-14-00051 July 8, 2014 Page 3 Boulevard) covers approximately 23,318 square feet of land. A two-story, 14,259 square foot building with 37 parking spaces exist on the site. 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 subject property is located within the Firestone Boulevard Gateway District of Downtown Downey, where it is subject to the permitted use guidelines established by the City of Downey Downtown Specific Plan (DDSP). The DDSP 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. SITE PHOTOGRAPH (8206 FIRESTONE) DISCUSSION / ANALYSIS PLN-14-00051 proposes to revise several aspects of the previously approved conditional use permit (PLN-12-00105) for Club DB Lounge. The following discussion further describes the Applicant’s request. 1) Outdoor Patio On June 5, 2013, the Planning Commission approved PLN-13-00085, Revision ‘C’ to PLN-11- 00105 (Conditional Use Permit), which allowed Club DB to expand into the adjacent tenant spaces, identified as 8210-8212 Firestone Boulevard. This approval added 2,800 square feet of floor area for another dance floor, a new bar to serve alcoholic beverages, and an outdoor seating area facing Firestone Boulevard; however, the Planning Commission’s decision did not consider whether Club DB could serve alcoholic beverages in the outdoor patio. The California Agenda Page22 PLN-14-00051 July 8, 2014 Page 4 State Department of Alcoholic Beverages Control (ABC) has requested that the Applicant obtain City approval to do so. Therefore, PLN-14-00051 seeks to revise PLN-11-00105 (conditional use permit) by allowing the serving and consumption of alcohol within the proposed outdoor patio area. OUTDOOR SEATING AREA Although allowing alcohol consumption in outdoor patio areas has been permitted in the past for Type 41 (On-Sale Beer and Wine for Bona Fide Public Eating Place) and Type 47 (On-Sale General for Bona Fide Public Eating Place) ABC licenses, Staff has some concerns with allowing alcohol consumption in a patio area of a night club. These concerns include keeping the consumption of alcohol within the confines of the outdoor patio area and avoiding distractions to drivers on Firestone Blvd. Nevertheless, Staff finds that said concerns are negligible and can be mitigated through conditions of approval that require the monitoring of the outdoor patio and as such, have included such conditions to alleviate any potential issues. Agenda Page23 PLN-14-00051 July 8, 2014 Page 5 2) Extend the Hours of Operation and Live Entertainment On March 7, 2012, the Planning Commission adopted Resolution No. 12-2758 to approve PLN- 11-00105 (Conditional Use Permit), which allowed Club DB to operate as a billiard parlor with live entertainment. Conditions No. 6 and No. 7 of the Conditions of Approval established the following hours of operation and live entertainment for Club DB: 6) The permitted hours of operation of the business are 3:00 p.m. to 2:00 a.m. Monday through Sunday. 7) 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. Club DB operates from 8:00 p.m. until 2:00 a.m. daily. In an effort to avoid mass exodus from the premises at closing time while lowering the number of alcohol impaired motorists on Downey’s streets, the Applicant proposes to extend the hours of operation and live entertainment to 4:00 a.m. The proposed change would allow Club DB customers to continue dancing two hours longer, even though alcohol sales and consumption would still cease at 1:30 a.m. During the last five years, the Planning Commission has conducted numerous public hearings to consider conditional use permit applications for night clubs, bars, and restaurants that sought to serve alcoholic beverages in conjunction with live entertainment. In all these cases, the conditions of approval addressed hours of operation associated with the project, and depending on the use, the conditions focused on the hours that alcohol sales and live entertainment could occur. Although the approved hours of operation varied slightly per conditional use permit, the Planning Commission has not approve any business to be open past 2:00 a.m., nor has the Commission approved live entertainment beyond 1:30 a.m. Consequently, the Applicant’s request to extend the hours of operation and live entertainment would establish a precedent far beyond the time limits that the Planning Commission has imposed consistently. Upon its review of PLN-14-00051, the Downey Police Department expressed its opposition to the proposed extended hours of operation because this request contradicts the Downey Municipal Code (DMC) regulations for dance halls. Section 6505 of the Code defines a public dance hall as “…any place of business where two or more persons dance or are permitted, whether for profit or not for profit, and to which the public is admitted or permitted to dance with or without charge. Specific to this request, DMC Section 6506 requires a café entertainment permit from the Chief of Police authorizing the conduct or operation of such public dance hall, and Section 6507.1 of the Code provides that no person shall operate any premises or carry on any activity (dance hall) at any such premises for which a permit is required between the hours of 1:30 a.m. and 10:00 a.m. Therefore, according to the Downey Municipal Code, live entertainment cannot occur beyond 1:30 a.m. Additionally, alcohol sales must seize at 1:30 a.m. to allow for the consumption of all alcoholic beverages to be concluded by 2:00 a.m. as per Alcohol Beverage Control (ABC) requirements. Agenda Page24 PLN-14-00051 July 8, 2014 Page 6 3) Valet Parking The Applicant proposes to offer valet parking as a service to Club DB patrons. Downey Municipal Code Section 9722 requires a conditional use permit for attendant/valet parking therefore, PLN-14-00051 includes this activity as part of its request. Thirty-seven (37) parking spaces exist on the subject property and the Applicant proposes to utilize thirty-five of them for valet parking. Club DB has access to sixty-eight additional parking spaces because of the shared parking agreement it shares with the owner of the property at 8124-8140 Firestone Boulevard. The shared parking agreement enabled the Applicant to license the 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 8124-8140 Firestone Boulevard are closed. The Planning Commission approved the Shared Parking Agreement (PLN-12-00179) on August 15, 2012. AERIAL PHOTOGRAPH Section 9722 of the Downey Municipal Code provides the standards for valet/attendant parking. In addition to the conditional use permit provisions stated in Section 9824 of the Code, the Code states that whenever valet parking is provided, it shall be maintained at all times, subject to the following standards: (a) An automobile storage space shall be permitted not less than eight (8) feet in width nor less than fifteen (15) feet in depth at any point, exclusive of driveways. (b) Driveway access to the attendant/valet parking spaces shall be developed in conformance with the following widths: (1) A driveway aisle width of twelve (12) feet shall be required for parking spaces at a parking angle of thirty (30) or forty-five (45) degrees. Agenda Page25 PLN-14-00051 July 8, 2014 Page 7 (2) A driveway aisle width of sixteen (16) feet shall be required for parking spaces at a parking angle of sixty (60) degrees. (3) A driveway aisle width of twenty-four (24) feet shall be required for parking spaces with a parking angle of ninety (90) degrees. (c) Tandem parking may also be permitted. The proposed plan meets these basic standards. It locates the valet drop-off area near the rear door of Club DB. The parking layout provides a parking angle of 45 degrees with parking spaces that are 11’-3” in width and twenty feet in depth. The driveway aisle is thirteen feet wide. According to the Applicant, the Club DB valet parking service will not encumber adjacent businesses to the east of the subject site because he intends to leave the driveway aisle open. He is also considering a valet service fee, possibly as much as $5.00. SITE PLAN-VALET PARKING LAYOUT Club DB exists within the row of commercial properties on the south side of Firestone Boulevard between La Reina Avenue and Downey Avenue. These properties are comprised of contiguous buildings and a shared parking lot with a one-way driveway that exists behind the buildings. Staff concerns with the valet service involve vehicles stacking onto La Reina and the impact that would have on the adjacent businesses to the east. As the parking lot currently exists, a valet drop-off station in front of the back door of Club DB would not allow for proper on-site circulation due to the one-way driveway aisle that provides vehicular access to all the parking spaces in said parking lot from La Reina Avenue, while potentially causing queuing issues in the public- right-of-way. This problem would be intensified by the Code requirement that the valet service must be provided at all times. Additionally, although the creative parking methods of valets is Agenda Page26 PLN-14-00051 July 8, 2014 Page 8 one well known benefit of attendant parking, because of the design of the existing parking lot, these creative parking methods would be non-existent and would not increase the available parking spaces on the site. Furthermore, the Downey Police Department expressed concerns that valet parking could create issues if Club DB customers seek out parking elsewhere. Although the shared parking agreement provides additional parking spaces at 8124-8140 Firestone, the potential exists for patrons to park on the opposite side of Firestone north of the subject property. That possibility raises the potential for pedestrian vs. automobile type collisions. 4) Dance Performers (Go-Go Dancers) PLN-14-00051 marks the third attempt by the Applicant to obtain the City’s approval for dance performers (Go-Go dancers). The Applicant incorporated Go-Go dancers to augment the club experience at Club DB during the first few months of 2012; however, Downey Police directed him to cease this activity because the Go-Go dancers were not consistent with the provisions of their live entertainment permit. In an effort to resolve the Go-Go dancer issue and bring Club DB Lounge into compliance with the DDSP, the Applicant submitted conditional use permit application PLN-11-00105. On March 7, 2012, the Planning Commission approved PLN-11-00105, which allowed the Applicant to operate Club DB as a billiard parlor with live entertainment. The conditions of approval identified live entertainment as musicians, a disc jockey, and karaoke, but the Commission denied the Applicant’s request to allow Go-Go dancers as live entertainment because they were concerned that the Go-Go dancers would operate as adult business dancers. The following year, the Applicant submitted conditional use permit application PLN-13-00007, to revise the conditions of approval for PLN-11-00105 to allow Go-Go dancers at Club DB Lounge. However, the Planning Commission, concerned with the increased policing activities at the business coupled with the concerns that the Go-Go dancers would operate as adult business dancers denied the application. On June 5, 2013, the Planning Commission approved PLN-13-00085, which allowed Club DB to expand into an adjacent, 2,800 square foot tenant space, resulting in a night club with two distinct dance areas. Agenda Page27 PLN-14-00051 July 8, 2014 Page 9 CLUB DB DANCE AREA With this application, the Applicant proposes to feature Go-Go dancers at the expanded area of the club, which was recently remodeled. Through PLN-14-00051, the Applicant is requesting the Planning Commission reconsider its previous decision and approve the Go-Go dancers for Club DB. The Applicant proposes Go-Go dancers will perform atop two raised platforms on opposite ends of the disk jockey, and adjacent to the dance floor. The platforms are approximately three feet (3’) tall, and five feet wide. These are the only platforms where the Go-Go dancers will dance. To assist the Planning Department with its review of the application, the Applicant provided a list of night clubs in the region that feature Go-Go dancers as part of their business. Staff contacted the Planning and Police Departments of these cities to determine the impact of Go-Go dancers in their community and the regulatory controls imposed upon them. In speaking with police department staff from the surveyed cities, the Downey Police Department found that as clubs evolved, owners began adding a variety of live entertainment, including DJs and dancers. As this occurred, the clientele changed from mostly local residents to persons from outside the local area. With these changes came an increase in criminal activity. In addition, Staff also noted that at times, night clubs with dancers became quasi-strip clubs. With this, came overcrowding and conflicts within the clubs, when patrons begin competing for the dancers’ attention; as well as creating conflicts outside the clubs, with numerous incidents involving patrons following the dancers out to accost them in parking lot areas. The data compiled by the Police Department is included as an exhibit to this staff report (see staff exhibit – City of Downey Memorandum, Club DB (PLN-14-00051) – Request to Allow Go-Go Dancers) in addition to an exhibit listing Police Department calls for service to Club DB (see staff exhibit - Club DB Calls for Service "A" and “B”). Agenda Page28 PLN-14-00051 July 8, 2014 Page 10 Planning staff received the following responses from the surveyed cities’ Planning departments: a. Long Beach Sevilla Night Club • The Long Beach Planning Department is not aware of Go-Go dancers being featured at this specific location. • Generally, the City of Long Beach allows Go-Go dancers, but only in a specific area designated as the “Downtown Entertainment Core”. • Within the types of live entertainment permitted are live dancers (i.e. burlesque shows, etc.) • To provide live dancers for patrons a business would have to obtain “entertainment license” (and comply with its terms) along with their business license. • The Planning Department is not aware of any incidents associated with dancers at this location. b. Alhambra Azul Ultra Lounge • Go-Go dancers are allowed at this location under a conditional use permit • Conditions of approval include: - Dancers are to dance on an elevated platform not to exceed 4 ft. in height - Pole dancing and dancing on guest tables is prohibited. - Dancers are not allowed to wear thong attire or be “scantily clad”. c. West Covina Club Visionz • West Covina’s Planning Division is not aware of Go-Go dancers operating at this location; however, they did note that because of the age and the location of this business, its operations are grandfathered. d. Costa Mesa Sutra • Allowed via an entertainment permit and a conditional use permit e. Anaheim Ultra Lounge • Go-Go dancers allowed Thursday- Saturday, 11:30 p.m. to 1:30 a.m. f. West Hollywood The Body Shop, Mickey’s, The Robertson, and Here Lounge The Body Shop • All nude bar with no alcoholic beverages. Agenda Page29 PLN-14-00051 July 8, 2014 Page 11 Mickey’s • Go-Go dancers allowed daily from 10:00 p.m. to closing. • No more than two dancers at a given time. • Dancers are visible from the public-right-of-way but are setback 6 feet from property line. The Robertson • History of lewd behavior. Here Lounge • History of lewd behavior; closed down 30 days after an ABC sting operation encountered persons involved in lewd behavior. In addition to evaluating night clubs featuring Go-Go dancers in other cities, staff considered the calls for service at Club DB. A review of the call history at this location for the 15 months since the last public hearing on this subject, April 4, 2013, through July 9, 2014, showed Downey Police Department received 31 calls for service. Among these calls was one robbery, five assaults, three fights, one theft and three disturbance calls (See staff exhibit – Club DB Calls for Service). It is evident from the research, that live entertainment is a precursor to an increase in law enforcement calls for service and for the need of added police intervention at these types of locations, creating a nuisance in the area and affecting the general welfare of those working, residing, and visiting the vicinity. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed request 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 Pursuant to Municipal Code Section 9824.06, the Planning Commission must adopt four (4) findings prior to approving a conditional use permit. Staff has reviewed the proposal and has developed the following findings regarding PLN-14-00051: 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-11-00105) involves the Applicant’s request to: 1) Extend the hours of operation and live entertainment to 4:00 a.m.; 2) Provide valet parking; 3) Serve alcoholic beverages on the outdoor patio area; and 4) allow dance performers (Go-Go dancers) as live entertainment. Agenda Page30 PLN-14-00051 July 8, 2014 Page 12 a. Outdoor Patio and Alcohol Consumption. The requested conditional use permit modification to allow an expansion of an existing Type 48 (On Sale General-Public Premises) alcohol license at Club DB 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, and adjacent properties, are developed as commercial uses and service the immediate neighborhood already. The approval of this conditional use permit will provide an additional convenience to patrons of the night club who prefer to enjoy the environment of the outdoor patio. b. Valet Parking. The proposed plan meets Section 9722 of the Downey Municipal Code, which provides the standards for valet/attendant parking. The parking layout provides a parking angle of 45 degrees with parking spaces that are 11’-3” in width and twenty feet in depth and a driveway aisle that is thirteen feet wide. However, the valet parking service could encumber adjacent businesses to the east of the subject site if vehicle- stacking occurs near the Club DB entrance and thereby prevent easterly movements on the one- way driveway aisle. The proposed valet service fee could create issues if Club DB customers seek out parking elsewhere. The potential exists for patrons to park on the opposite side of Firestone north of the subject property, which raises the potential for pedestrian vs. automobile type collisions. These problems would be intensified by the Code requirement that the valet service must be provided at all times. c. Extension of Hours. The proposal to extend the hours of operation and live entertainment to 4:00 a.m. will adversely affect the purpose and intent of the Downey Municipal Code regulations for dance halls. Section 6505 of the Code defines the night club as a dance hall. Section 6507.1 of the Code provides that no person shall operate any premises or carry on any activity (dance hall) at any such premises for which a permit is required between the hours of 1:30 a.m. and 10:00 a.m. Therefore, according to the Downey Municipal Code, live entertainment cannot occur beyond 1:30 a.m. d. Go-Go Dancers. The Applicant’s desire to incorporate Go-Go dancers will adversely affect the purpose and intent of this chapter and the City’s General Plan and the public convenience or general welfare of persons residing or working in the neighborhood being that, through Police Department research, live entertainment of this type has proven to be a precursor to an increase in Police Department calls for service and the need for further law enforcement intervention. . In the City of Anaheim, the Anaheim Police Department noted that with the Ultra Heat Lounge at 321 W. Katella, Ste. 214, Anaheim, the introduction of DJs and dancers caused the clientele to change to a “hip-hop” culture which increased the need for police intervention at the location. In addition, in the City of Alhambra, the Alhambra Police Department noted that with the Azul Ultra Lounge at 129 W. Main Street, Alhambra, the introduction of dancers at the location made the business appear as a “quasi- strip club” due to the installation of poles for “pole dances” and the dancers permitted to dance on the bar and collect “tips” from patrons. Overcrowding and conflicts between patrons trying to compete for the attention of the dancers has occurred at the location. Some patrons have followed dancers outside as they left the club and accosted them in the parking lot. All of these activities have required Alhambra Police Department calls for service. Lastly, in the City of West Hollywood, the Sheriff’s Department noted lewd conduct involving the touching of the genital Agenda Page31 PLN-14-00051 July 8, 2014 Page 13 area by both patrons and dancers at three nightclubs in West Hollywood: Mickey’s, The Robertson and the Here Lounge (See the attached newspaper articles on Mickey’s and the Here Lounge). Downey Police records indicate that the calls for service at Club DB remained consistent over the past 15 months with 31 calls for service for the time period of April 4, 2013 to July 9, 2014 as compared to the year prior to that, April 3, 2012 to April 3, 2013, with 29 calls for service. With the introduction of Go-Go dancers, the Downey Police Department is concerned that Club DB will require additional calls for service as experienced in the Cities of Anaheim, Alhambra and West Hollywood. 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. a. Outdoor Patio and Alcohol Consumption. The aspects of the request to revise the conditions of approval for Club DB Lounge (PLN-11-00105) serving alcoholic beverages in the outdoor patio area will not adversely affect the adjoining land uses because the proposed use generally conforms to its DDSP zone development standards. The outdoor patio will complement Club DB and provide energy in the Downtown area with uses that the DDSP deems appropriate for the Downtown Core area. Staff finds that any concerns in connection with this request are negligible and can be mitigated through conditions of approval that require the monitoring of the outdoor patio and as such, have included such conditions to alleviate any potential issues. b. Valet Parking. The activity could prevent access to adjacent commercial uses to the east and cause circulation problems on La Reina Avenue, if stacking problems occur. Through Police Department research, live entertainment has proven to become a forerunner in the increased need for policing in locations such as Club DB, thereby adversely affecting adjoining land uses. c. Extensions of Hours. Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m. is contrary to the City’s dance hall regulations, found at Downey Municipal Code Section 6507.1 which are intended to preserve the public peace and safety. d. Go-Go Dancers. As mentioned previously, Downey Police records indicate that the calls for service at Club DB remained consistent over the past 15 months with 31 calls for service for the time period of April 4, 2013 to July 9, 2014 as compared to the year prior to that, April 3, 2012 to April 3, 2013, with 29 calls for service. With the introduction of Go-Go dancers, the Downey Police Department is concerned that Club DB will require additional calls for service as experienced in the Cities of Anaheim, Alhambra and W est Hollywood, thereby adversely affecting adjacent land uses. 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. a. Extensions of Hours, Outdoor Patio Area and Alcohol Consumption, and Go-Go Dancers. The size and shape of the subject property are generally adequate to allow for the Agenda Page32 PLN-14-00051 July 8, 2014 Page 14 Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m., serve alcoholic beverages on the outdoor patio area, and to allow performers (Go-Go dancers) as live entertainment because the recent expansion to Club DB Lounge is designed to accommodate these uses, in a manner not detrimental to the area since the proposed change does not include further expansion of the existing building. b. Valet Parking. The site is inadequate in size to satisfy the Applicant’s request for valet parking because this service could encumber adjacent businesses to the east of the subject site if vehicle- stacking occurs near the Club DB entrance and thereby prevent easterly movements on the one-way driveway aisle. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. a. Extension of Hours, Outdoor Patio Area and Alcohol Consumption, and Go-Go Dancers. Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m., serve alcoholic beverages on the outdoor patio area, and to allow performers (Go-Go dancers) as live entertainment will not impose an undue burden upon 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. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that the business might generate. b. Valet Parking. Nevertheless, the proposed valet service could cause circulation problems on La Reina Avenue if queuing problems occur due to valet parking activity. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the findings contained in this report, staff recommends that the Planning Commission approve PLN-14-00051, Revision “D” to PLN-11-00105 (conditional use permit), to allow the serving of alcoholic beverages on the outdoor patio area. Additionally, staff recommends that the Planning Commission deny the request to: 1) extend the hours of operation and live entertainment to 4:00 a.m., 2) allow valet parking; and 3) allow live entertainment performers (Go-Go dancers). Agenda Page33 PLN-14-00051 July 8, 2014 Page 15 EXHIBITS 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 SUBJECT PROPERTY Agenda Page34 PLN-14-00051 July 8, 2014 Page 16 SITE PLAN SHARED PARKING AREA (8124-8140 FIRESTONE) Agenda Page35 PLN-14-00051 July 8, 2014 Page 17 500-FOOT RADIUS MAP FLOOR PLAN Agenda Page36 Club DB Calls for Service "A" 8206 Firestone Blvd., Downey 4/3/12 - 4/3/13 Sorted by Call Type Call Date/Time Call Type Incident Number 5/19/2012 1:48 Assault 2012-00031560 5/22/2012 22:55 Assault 2012-00032516 1/26/2013 16:05 Assault 2013-00005627 11/25/2012 2:05 Assault with a Deadly Weapon 2012-00077033 3/30/2013 0:25 Auto Theft 2013-00019724 10/21/2012 1:26 Disturbance - Customer 2012-00068647 11/18/2012 1:57 Disturbance - Fight 2012-00075478 3/3/2013 1:54 Disturbance - Subject(s)2013-00013651 3/3/2013 2:07 Hit and Run - Traffic Collision 2013-00013653 4/21/2012 23:02 Keep the Peace 2012-00025119 11/12/2012 0:20 Man Down 2012-00073938 6/24/2012 1:13 Non-Injury Traffic Collision 2012-00040386 5/19/2012 2:11 Robbery 2012-00031561 2/2/2013 14:36 Station Report 2013-00007238 6/22/2012 21:19 Surveillance 2012-00040042 9/16/2012 1:21 Threats 2012-00060284 4/7/2012 1:09 Traffic Stop 2012-00021877 5/19/2012 1:28 Traffic Stop 2012-00031557 6/14/2012 22:25 Traffic Stop 2012-00038140 8/4/2012 0:45 Traffic Stop 2012-00050148 10/12/2012 22:07 Traffic Stop 2012-00066584 11/18/2012 0:49 Traffic Stop 2012-00075464 12/2/2012 1:40 Traffic Stop 2012-00078514 12/8/2012 18:56 Traffic Stop 2012-00080061 12/30/2012 2:00 Traffic Stop 2012-00084988 1/13/2013 1:56 Traffic Stop 2013-00002556 3/1/2013 9:48 Traffic Stop 2013-00013173 4/3/2013 20:29 Traffic Stop 2013-00020805 1/13/2013 2:07 Vandalism 2013-00002558 Total Calls for Service 29 Agenda Page37 Club DB Calls for Service "B" 8206 Firestone Blvd., Downey Dates: 4/4/13 - 7/9/14 Sorted by Call Type Call Date/Time Call Type Incident Number 6/12/2014 8:55 Alarm 2014-00038760 6/14/2014 12:59 Alarm 2014-00039383 6/14/2014 14:45 Alarm 2014-00039408 10/27/2013 2:09 Assault 2013-00068939 2/22/2014 2:05 Assault 2014-00011816 5/31/2014 1:30 Assault 2014-00035650, 2014-00035649 8/25/2013 2:29 Assault with a Deadly Weapon 2013-00054439 3/29/2014 5:19 Assault with a Deadly Weapon 2014-00020141 3/1/2014 19:08 Check the Welfare 2014-00013562 11/17/2013 1:27 Citizen Assist 2013-00073816 12/22/2013 3:27 Disturbance - Female(s)2013-00081526 7/28/2013 1:26 Disturbance - Fight 2013-00048021 8/18/2013 1:09 Disturbance - Fight 2013-00052856 2/8/2014 1:51 Disturbance - Fight 2014-00008574 10/13/2013 0:58 Disturbance - Subject(s)2013-00065748 11/3/2013 1:16 Disturbance - Subject(s)2013-00070579 1/26/2014 0:45 Fire Department 2014-00005726 4/12/2014 20:09 Municipal Code Violation 2014-00023674 1/3/2014 21:54 Parking Complaint 2014-00000721 6/11/2014 13:38 Robbery - Strong Armed 2014-00038569 11/10/2013 0:28 Suspect Brandishing a Deadly Weapon 2013-00072202 7/15/2013 9:40 Theft 2013-00045130 10/3/2013 21:40 Threats 2013-00063700 7/14/2013 1:57 Traffic Stop 2013-00044867 8/3/2013 0:22 Traffic Stop 2013-00049336 9/1/2013 1:58 Traffic Stop 2013-00056026 10/27/2013 1:21 Traffic Stop 2013-00068927 12/28/2013 13:54 Traffic Stop 2013-00082859 1/19/2014 0:10 Traffic Stop 2014-00004183 4/13/2014 1:18 Traffic Stop 2014-00023752 5/18/2014 1:41 Traffic Stop 2014-00032451 7/5/2014 1:18 Traffic Stop 2014-00045108 Total Calls for Service 31 Agenda Page38 CITY OF DOWNEY MEMORANDUM POLICE DEPARTMENT Date: June 18, 2014 To: William Davis From: Lieutenant Leslie Murray Subject: Club DB (PLN-14-00051) – Request to Allow Go-Go Dancers A review of the call history at Club DB, 8206 Firestone Blvd, for the period of June 18, 2011 through June 18, 2014 showed the Police Department received a total of 85 calls for service at the location. Of these calls, there were 2 robberies, 11 assaults, 6 felony assaults, 20 fights or disorderly persons, 1 rape, 2 vandalisms, 5 stolen vehicles, along with numerous other types of disturbance calls, including narcotics, threats, thefts and traffic collisions. Police Departments having jurisdiction over similar establishments, most provided by the applicant, and additionally West Hollywood Station of the Los Angeles County Sheriff’s Department, who is also known to have similar establishments were contacted. Representatives of these agencies provided the following information regarding the locations: Ultra Heat Lounge, 321 W. Katella Suite 214 Anaheim, CA According to Anaheim Police Department records, Ultra Heat Lounge has had 98 calls for service at the location in the last two years. Of those calls, 41 were for fights or assault. Other crimes included sex crimes, robbery, public drunkenness, and theft. According to Sergeant Jaime Wilkes of the Anaheim Police Department, the establishment advertised itself as an “upscale” entertainment venue offering entertainment targeting local Orange County residents. As the club evolved, the owners began adding more live entertainment, including djs and dancers. As this occurred, the clientele changed from mostly local Orange County residents to residents of the Inland Empire and Los Angeles areas. With these changes came an increase in criminal activity. Sergeant Wilkes could not definitively say the increase in crime was directly related to the dancers, but could say as the live entertainment evolved to appeal to the “hip-hop” culture, the clientele changed, and the problems requiring police intervention increased tremendously. Sergeant Wilkes said their city only has a few similar clubs, and he has seen the same pattern of criminal activity occur as the clubs evolved from their advertised “upscale” atmosphere to more contemporary hip-hop style of entertainment to attract a different, more disruptive clientele. Sergeant Wilkes has also been in contact with officers from the Fullerton Police Department, who patrol their downtown area. He said the Fullerton Police Department has experienced the same cycle regarding entertainment establishments opening under the advertisement of providing “upscale” entertainment targeting local residents of Orange County, then experiencing changes in clientele and an increase in Agenda Page39 CITY OF DOWNEY MEMORANDUM POLICE DEPARTMENT criminal activity from people outside the local community (mostly Los Angeles, Riverside, and San Bernardino counties) as more live entertainment options are offered. Club Visionz, 2934 E. Garvey West Covina, CA According to West Covina Police Department records, they have responded to 55 calls for service at Club Visionz in the last two years. Of those calls, 9 were for loud music complaints, 2 were for vandalism, 8 were for fights. Club Visionz is now closed according to Fire Marshall Jason Briley. Commander Bell of the West Covina Police Department advised Club Visionz never had dancers and confirmed they have been closed for some time. Sevilla Night Club, 140 Pine Ave., Long Beach, CA According to Long Beach Police Department records, they have responded to 151 calls for service at the Sevilla Night Club in the last two years. Of those calls, 15 were for fights, 13 for general disturbances. According to Vice Detective Gloria Barajas, who has first-hand information regarding the Sevilla Night Club, this particular club has dancers, but they are segregated from the patrons and dance behind screens. The location is known for over serving alcohol, underage drinking, and fights. She could not say the dancers had any affect on the problems they have at this club when compared to any others in the area. She said there is not a disproportionate demand on police resources at this club when compared to others in the area. Azul Ultra Lounge, 129 W. Main St., Alhambra, CA According to Alhambra Police Department records, they have responded to 81 calls for service at the Azul Ultra Lounge in the last two years. Of those calls, 19 were for fights, 2 for felonious assaults, 2 for vandalism, and 22 for general disturbances. Detective Jasper Kim of Alhambra Police Department said his experience with “Azul” in regard to the dancers was the club has at times become a quasi-strip club. The owners installed brass poles and the dancers often do pole dances or dance on the bar, collecting money patrons slip into their skimpy costumes. Overcrowding and conflicts are common when the patrons compete for the dancers’ attention. They have had numerous incidents where patrons have followed dancers outside as they left and accosted them in the parking lot. Alhambra had a similar club called “Blitz” that also offered dancers. They experienced the same types of problems related to overcrowding and fights, underage drinking, blatant violation of their CUP, and extensive police, fire, and ABC enforcement at the location, resulting in numerous citations for violations. Finally, an underage patron was causing a disturbance and was ejected. When the police were called, the patron tried to run down two officers with his vehicle and an officer involved shooting occurred. The city finally revoked the business license and CUP after that. The establishment is no longer in business. Agenda Page40 CITY OF DOWNEY MEMORANDUM POLICE DEPARTMENT Sutra, 1978 Harbor Blvd Costa Mesa, CA According to Costa Mesa Police Department Records, Costa Mesa Police Department responded to 498 calls for service at “Sutra” in the last two years. Those calls included 48 general disturbance calls, 33 assaults, 6 felony assaults, 37 public intoxication calls, 6 DUIs, 1 indecent exposure, 1 robbery, and 2 vandalisms. Costa Mesa Police Department personnel advised Lieutenant Keith Davis was the person with the most knowledge about any activity at the location; however, Lieutenant Davis has been unreachable. The Body Shop, 8250 Sunset Blvd West Hollywood, CA Mickey’s, 8857 Santa Monica Blvd West Hollywood, CA The Robertson, 665 N. Robertson Blvd West Hollywood, CA Here Lounge, 696 N. Robertson Blvd West Hollywood, CA Lieutenant David Smith of the LASD West Hollywood station was contacted regarding the above listed locations. Lieutenant Smith confirmed each of the locations listed above have live dancers. The Body Shop is an all nude club that does not serve alcohol. Lieutenant Smith said they have had very few problems there. Mickey’s, The Robertson, and the Here Lounge, have had a history of lewd behavior violations. Patrons and dancers have repeatedly been involved in acts involving touching of genitals and other lewd behaviors. According to Lieutenant Smith, the Here Lounge was closed down for 30 days after an ABC sting operation encountered suspects involved in lewd behavior. Mickey’s is also known for over serving their patrons alcohol and allowing drunk and disorderly conduct. Calls for service logs have been requested for these locations, however these reports are generated by a Crime Analyst who was not available and would not be available until next week. Agenda Page41 Ag e n d a Pa g e 4 2 Ag e n d a Pa g e 4 3 Ag e n d a Pa g e 4 4 Ag e n d a Pa g e 4 5 Ag e n d a Pa g e 4 6 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00051 (CONDITONAL USE PERMIT) – REVISION “D” TO PLN-11-00105 (CONDITIONAL USE PERMIT) TO ALLOW THE SERVING OF ALCOHOLIC BEVERAGES IN THE OUTDOOR PATIO AREA, AT CLUB DB LOUNGE ON PROPERTY LOCATED AT 8206 FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) 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 June 5, 2013, the Planning Commission adopted Resolution No.13-2832, approving PLN-13-00085, (Revision ‘C’ To PLN-11-00105) to modify the conditions of approval for Club DB Lounge to: 1) eliminate four billiard/pool tables from the approved uses, 2) prohibit customers from the mezzanine level, and 3) allow the nightclub to expand into the adjacent 2,800 square foot tenant space (8210-8212 Firestone Blvd). E. On March 20, 2014, the Applicant submitted a Land Use Permit Application to obtain the Planning Commission’s approval of PLN-15-00051, requesting to: 1) extend the hours of operation and live entertainment to 4:00 a.m.; 2) allow valet parking; 3) allow the Applicant to serve alcoholic beverages on the outdoor patio area; and 4) allow performance art dancers (Go-Go dancers) as live entertainment at Club DB Lounge. F. The subject properties are zoned Downtown Downey Specific Plan (DDSP). Agenda Page47 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd July 16, 2014 - Page 2 G. The General Plan designation of the subject property is Mixed Use (MU). H. Staff found this application to be complete on April 25, 2014 and scheduled it for the regularly scheduled Planning Commission meeting of May 21, 2014 I. Staff received a request for postponement of the May 21, 2014 meeting, from the Applicant’s representative, to the regularly scheduled meeting of June 4, 2014. Following this postponement, a second extension was requested by the Applicant’s representative to the Commission’s regularly scheduled meeting of June 18, 2014. However, on June 10, 2014, the Applicant submitted an extension request to allow for research to be completed; this extension postponed the hearing to any regularly scheduled Planning Commission meeting prior to or on September 23, 2014. J. On July 3, 2014, 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 July 16, 2014, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No.______. 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. 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 requested conditional use permit modification to allow an expansion of an existing Type 48 (On Sale General-Public Premises) alcohol license at Club DB 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, and adjacent properties, are developed as commercial uses and service the immediate neighborhood already. The approval of this conditional use permit will provide an additional convenience to patrons of the night club who prefer to enjoy the environment of the outdoor patio. 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 request to revise the conditions of approval for Club DB Lounge (PLN-11-00105) to allow the serving of alcoholic beverages in the outdoor patio area will not adversely affect the adjoining land uses because the proposed use generally conforms to its DDSP zone development standards. The outdoor patio will complement Club DB and provide energy in the Downtown area with uses that the DDSP deems appropriate for the Downtown Core area. Staff finds that any concerns in connection with this request are negligible and can be Agenda Page48 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd July 16, 2014 - Page 3 mitigated through conditions of approval that require the monitoring of the outdoor patio and as such, have included such conditions to alleviate any potential issues. 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 Applicant’s request to serve alcoholic beverages in the outdoor patio area in a manner not detrimental to the area, since the proposed change does not include further expansion of the existing building. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The Applicant’s request to serve alcoholic beverages in the outdoor patio area will not impose an undue burden upon 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. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that the business might generate. 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-14-0005, Revision “D” to PLN-11-00105 (Conditional Use Permit) to allow the serving of alcoholic beverages in the outdoor patio area. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ____day of _____ 2014. Robert Kiefer, Chairman City Planning 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 ___ day of ___ 2014, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page49 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd July 16, 2014 - Page 4 CONDITIONAL USE PERMIT (PLN-14-00051) EXHIBIT A - CONDITIONS PLANNING 1) Approval of this conditional use permit (PLN-14-00051) modifies the previously approved conditions of approval for Club DB Lounge (PLN-11-00105) authorizing the operation of a bar/night club with live entertainment, and allows the consumption of alcohol in the outdoor patio area at 8206-8212 Firestone Boulevard in Downey. 2) The Applicant shall not deviate from the stamped, approved plans on file with PLN-13- 00085. 3) 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. 4) 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. 5) 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. 6) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 7) 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. 8) Nightclub management shall ensure that the nightclub property and all areas within at least 100 feet of the nightclub are free of any waste or litter generated by the nightclub, by 7:00 a.m. the morning following each night of operations. 9) The Applicant shall agree to provide ten (10) off-street parking spaces for the use PLN-11- 00105 proposes by paying for parking credits in accordance with Section 5.4.2 of the Downtown Downey Specific Plan. 10) 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 Agenda Page50 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd July 16, 2014 - Page 5 defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 11) The permitted hours of operation of the business are 3:00 p.m. to 2:00 a.m. Monday through Sunday. 12) Hours for the live entertainment shall be limited to 9:00 p.m. to 1:30 a.m. 13) Last call for the purchase of alcoholic beverage shall be 1:30 a.m. to allow for the consumption of all alcoholic beverages to be concluded by 2:00 a.m. as per Alcohol Beverage Control (ABC) requirements. 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 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) Nightclub management shall not permit any loitering on the property. 21) All signs shall comply with the requirements set forth in the Downey Municipal Code. 22) The Applicant shall install a guard tour verification system in the outdoor patio area to verify the monitoring of the said patio area every 30 minutes. The Applicant or nightclub management shall provide City Staff with a guard tour verification report at such times as determined by the Director of Community Development and/or the Chief of Police. 23) Persons with disabilities must have access to the outdoor patio area. 24) Nightclub management shall not permit any public nuisance in any outdoor areas, including but not limed to, unruly behavior by patrons, or any interactions with passersby, which may contribute to unruly behavior on the street, or in the parking lot. 25) The Applicant shall assure that lighting in the outdoor patio area shall be so arranged to prevent glare or direct illumination onto any street. Agenda Page51 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd July 16, 2014 - Page 6 26) Nightclub management shall assure that nothing rotates, moves, causes uncontrolled direction of lights, flash, reflect, blink, or appear to do any of the foregoing in outdoor areas that may cause a distraction to on-coming traffic on any street. POLICE 27) The Applicant shall obtain a Police Permit for the live entertainment as authorized by this conditional use permit. Additionally, the Applicant must provide the Planning Division a copy of said Police Permit within 30 days of issuance. 28) Payment for alcoholic beverage services shall be made only after such services have been provided to the patrons by the business. 29) The Applicant/Nightclub management 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. 30) 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. 31) 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. 32) 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. 33) 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). Agenda Page52 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING PLN-14-00051 (CONDITIONAL USE PERMIT) - A REQUEST TO: 1) EXTEND THE HOURS OF OPERATION AND LIVE ENTERTAINMENT TO 4:00 A.M.; 2) ALLOW VALET PARKING; AND 3) ALLOW DANCE PERFORMERS (GO-GO DANCERS) AT CLUB DB LOUNGE ON PROPERTY LOCATED AT 8206 FIRESTONE BLVD, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) 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 June 5, 2013, the Planning Commission adopted Resolution No.13-2832, approving PLN-13-00085, (Revision ‘C’ To PLN-11-00105) to modify the conditions of approval for Club DB Lounge to: 1) eliminate four billiard/pool tables from the approved uses, 2) prohibit customers from the mezzanine level, and 3) allow the nightclub to expand into the adjacent 2,800 square foot tenant space (8210-8212 Firestone Blvd). E. On March 20, 2014, the Applicant submitted a Land Use Permit Application to obtain the Planning Commission’s approval of PLN-15-00051, requesting to: 1) extend the hours of operation and live entertainment to 4:00 a.m.; 2) allow valet parking; 3) allow the Applicant to serve alcoholic beverages on the outdoor patio area; and 4) allow performance art dancers (Go-Go dancers) as live entertainment at Club DB Lounge. F. The subject properties are zoned Downtown Downey Specific Plan (DDSP). Agenda Page53 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd July 16, 2014 - Page 2 G. The General Plan designation of the subject property is Mixed Use (MU). H. Staff found this application to be complete on April 25, 2014 and scheduled it for the regularly scheduled Planning Commission meeting of May 21, 2014 I. Staff received a request for postponement of the May 21, 2014 meeting, from the Applicant’s representative, to the regularly scheduled meeting of June 4, 2014. Following this postponement, a second extension was requested by the Applicant’s representative to the Commission’s regularly scheduled meeting of June 18, 2014. However, on June 10, 2014, the Applicant submitted an extension request to allow for research to be completed; this extension postponed the hearing to any regularly scheduled Planning Commission meeting prior to or on September 23, 2014. J. On July 3, 2014, 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 July 16, 2014, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No.______. 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. 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. a. Valet Parking. The proposed plan meets Section 9722 of the Downey Municipal Code, which provides the standards for valet/attendant parking. The parking layout provides a parking angle of 45 degrees with parking spaces that are 11’-3” in width and twenty feet in depth and a driveway aisle that is thirteen feet wide. However, the valet parking service could encumber adjacent businesses to the east of the subject site if vehicle- stacking occurs near the Club DB entrance and thereby prevent easterly movements on the one-way driveway aisle. The proposed valet service fee could create issues if Club DB customers seek out parking elsewhere. The potential exists for patrons to park on the opposite side of Firestone north of the subject property, which raises the potential for pedestrian vs. automobile type collisions. These problems would be intensified by the Code requirement that the valet service must be provided at all times. b. Extension of Hours. The proposal to extend the hours of operation and live entertainment to 4:00 a.m. will adversely affect the purpose and intent of the Downey Municipal Code regulations for dance halls. Section 6505 of the Code defines the night club as a dance hall. Section 6507.1 of the Code provides that no person shall operate any premises or carry on any activity (dance hall) at any such premises for which a permit is required Agenda Page54 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd July 16, 2014 - Page 3 between the hours of 1:30 a.m. and 10:00 a.m. Therefore, according to the Downey Municipal Code, live entertainment cannot occur beyond 1:30 a.m. c. Go-Go Dancers. The Applicant’s desire to incorporate Go-Go dancers will adversely affect the purpose and intent of this chapter and the City’s General Plan and the public convenience or general welfare of persons residing or working in the neighborhood being that, through Police Department research, live entertainment of this type has proven to be a precursor to an increase in Police Department calls for service and the need for further law enforcement intervention. . In the City of Anaheim, the Anaheim Police Department noted that with the Ultra Heat Lounge at 321 W. Katella, Ste. 214, Anaheim, the introduction of DJs and dancers caused the clientele to change to a “hip-hop” culture which increased the need for police intervention at the location. In addition, in the City of Alhambra, the Alhambra Police Department noted that with the Azul Ultra Lounge at 129 W. Main Street, Alhambra, the introduction of dancers at the location made the business appear as a “quasi-strip club” due to the installation of poles for “pole dances” and the dancers permitted to dance on the bar and collect “tips” from patrons. Overcrowding and conflicts between patrons trying to compete for the attention of the dancers has occurred at the location. Some patrons have followed dancers outside as they left the club and accosted them in the parking lot. All of these activities have required Alhambra Police Department calls for service. Lastly, in the City of West Hollywood, the Sheriff’s Department noted lewd conduct involving the touching of the genital area by both patrons and dancers at three nightclubs in West Hollywood: Mickey’s, The Robertson and the Here Lounge (See the attached newspaper articles on Mickey’s and the Here Lounge). Downey Police records indicate that the calls for service at Club DB remained consistent over the past 15 months with 31 calls for service for the time period of April 4, 2013 to July 9, 2014 as compared to the year prior to that, April 3, 2012 to April 3, 2013, with 29 calls for service. With the introduction of Go-Go dancers, the Downey Police Department is concerned that Club DB will require additional calls for service as experienced in the Cities of Anaheim, Alhambra and West Hollywood. 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. a. Valet Parking. The activity could prevent access to adjacent commercial uses to the east and cause circulation problems on La Reina Avenue, if stacking problems occur. Through Police Department research, live entertainment has proven to become a forerunner in the increased need for policing in locations such as Club DB, thereby adversely affecting adjoining land uses. b. Extensions of Hours. Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m. is contrary to the City’s dance hall regulations, found at Downey Municipal Code Section 6507.1 which are intended to preserve the public peace and safety. c. Go-Go Dancers. As mentioned previously, Downey Police records indicate that the calls for service at Club DB remained consistent over the past 15 months with 31 calls for service for the time period of April 4, 2013 to July 9, 2014 as compared to the year prior Agenda Page55 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd July 16, 2014 - Page 4 to that, April 3, 2012 to April 3, 2013, with 29 calls for service. With the introduction of Go-Go dancers, the Downey Police Department is concerned that Club DB will require additional calls for service as experienced in the Cities of Anaheim, Alhambra and West Hollywood, thereby adversely affecting adjacent land uses. 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. a. Extensions of Hours and Go-Go Dancers. The size and shape of the subject property are generally adequate to allow for the Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m. and to allow performers (Go-Go dancers) as live entertainment because the recent expansion to Club DB Lounge is designed to accommodate these uses, in a manner not detrimental to the area since the proposed change does not include further expansion of the existing building. b. Valet Parking. The site is inadequate in size to satisfy the Applicant’s request for valet parking because this service could encumber adjacent businesses to the east of the subject site if vehicle- stacking occurs near the Club DB entrance and thereby prevent easterly movements on the one-way driveway aisle. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. a. Extension of Hours and Go-Go Dancers. The Applicant’s request to extend the hours of operation and live entertainment to 4:00 a.m. and to allow performers (Go-Go dancers) as live entertainment will not impose an undue burden upon 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. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that the business might generate. b. Valet Parking. Nevertheless, the proposed valet service could cause circulation problems on La Reina Avenue if queuing problems occur due to valet parking activity. 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-14-00051 (Conditional Use Permit) - a request to: 1) extend the hours of operation and live entertainment to 4:00 a.m.; 2) allow valet parking; and 3) allow dance performers (go-go dancers) at club DB lounge on property located at 8206 Firestone Blvd. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ____day of _____ 2014. Robert Kiefer, Chairman City Planning Commission Agenda Page56 Resolution No. Downey Planning Commission PLN-14-00051– 8206-8210 Firestone Blvd July 16, 2014 - Page 5 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 ___ day of ___ 2014, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page57