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HomeMy WebLinkAboutPC Resolution 14-2884 RESOLUTION NO.14-2884 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00051 (CONDITONAL USE PERMIT)— REVISION "0" 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- ii 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). Resolution No. 14-2884 Downey Planning Commission 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 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.14-2884. 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 PLN-14-00051—8206-8210 Firestone Blvd July 16, 2014- Page 2 riiii Resolution No. 14-2884 Downey Planning Commission 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 Ipatio area. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of July 2014. --iRobert Kiefer, Chai an 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 16th day of July 2014, by the following vote, to wit: AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Flores and Rodriguez NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None (4iltiaii ditudy Mary Cavanagh, Secreta City Planning Commission PLN-14-00051—8206-8210 Firestone Blvd July 16, 2014- Page 3 Resolution No. 14-2884 Downey Planning Commission 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 PLN-14-00051—8206-8210 Firestone Blvd July 16, 2014- Page 4 Resolution No. 14-2884 Downey Planning Commission 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. PLN-14-00051—8206-8210 Firestone Blvd July 16, 2014- Page 5 Resolution No. 14-2884 Downey Planning Commission 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). PLN-14-00051—8206-8210 Firestone Blvd July 16, 2014- Page 6