HomeMy WebLinkAboutPC Resolution 16-2972RESOLUTION NO. 16 -2972
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY,
PLN -15 -00240 (REVISION `A' TO PLN -15- 00061, CONDITIONAL USE PERMIT),
DENYING A REQUEST TO BEGIN LIVE MUSIC AT 4:00 P.M. IN THE OUTDOOR
DINING AREA, THURSDAYS AND FRIDAYS, AT AN EXISTING RESTAURANT,
ON PROPERTY LOCATED AT 8104 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 May 20, 2015, the Planning Commission adopted Resolution No. 15 -2920 for
PLN -15 -00061 (conditional use permit), to allow live entertainment in the form of
a three -man acoustical band, and the operation of a Type 41 (On -Sale Beer &
Wine, Eating Place) license, on property located at 8104 Firestone Blvd,
Downey; and,
B. On December 7, 2015, a Land Use Application was filed by Raul Gonzalez to
obtain the Planning Commission's approval of PLN -15- 00240, a request to
amend the previously- approved conditions of approval to: 1) allow live music in
the outdoor dining area to begin at 4:00 p.m. (instead of 6:00 p.m.), Thursdays
and Fridays only; 2) allow amplified music; 3) increase the number of musicians
to entertain in the business from three to four; and 4) allow the business to
charge an admission fee to enter the business during pay - per -view sporting
events at Mariscos Choix Restaurant; and,
C. The subject properties are zoned Downtown Downey Specific Plan (DDSP); and,
D. The General Plan designation of the subject property is Mixed Use (MU); and,
E. Staff found this application to be complete on February 2, 2016 and scheduled it
for the regularly scheduled Planning Commission meeting of February 17, 2016;
and,
F. On February 3, 2016, notice of the pending public hearing was sent to all
Downey property owners within 500 feet of the subject site and the notice was
published in the Downey Patriot; and,
G. On February 17, 2016, the regular meeting of the Planning Commission was
cancelled. A notice of adjournment for the pending public hearing was posted at
Downey City Hall, Downey City Library, and Barbara J. Riley Senior Center; and,
H. Following this postponement, on February 19, 2016, a notice of continuance of
public hearing for PLN -15 -00240 was sent to the applicant (Mr. Gonzalez); and,
On March 3, 2016, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published
in the Downey Patriot; and,
Resolution No. 16 -2972
Downey Planning Commission
The Planning Commission held a duly noticed public hearing on March 16, 2016,
continued it to April 6, 2016, and after fully considering all oral and written
testimony, facts, and opinions offered at the aforesaid public hearing, the
Commission adopted this resolution on April 6, 2016.
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
be in compliance 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 intent and
purpose of this article or the City's General Plan or the public convenience
or general welfare of persons residing or working in the neighborhood
thereof.
The proposal to begin live entertainment in the outdoor patio at 4:00 p.m. will
adversely affect the general welfare of those working, residing, and visiting the
vicinity. A survey of the surrounding businesses indicated most are closed
between 5:00 p.m. and 6:00 p.m. Monday through Friday. Police Department
concerns that allowing live music to begin at 4:00 p.m. in the outdoor patio may
create a distraction to those operate during their normal business hours. In
addition, allowing live music to begin at 4:00 p.m. is not consistent with other
similar businesses in the Downtown Firestone Boulevard Gateway.
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 request to begin live entertainment in the outdoor patio at 4:00 p.m. area will
adversely affect the adjoining land uses because other businesses in the
immediate vicinity are still in operation. Allowing live music in the outdoor dining
area at 4:00 p.m. will create a nuisance to other businesses operating during
these hours. In addition, allowing live music to begin at 4:00 p.m. is not
consistent with other similar businesses in the Downtown Firestone Boulevard
corridor.
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 site is adequate to allow live music to begin at 4:00
p.m. in the outdoor dining area. However, the Commissioners feel that playing
music at 6:00 p.m. is appropriate for this location because most of the
surrounding businesses are still operating at 5:00 p.m. Monday through Friday.
There is a concern that allowing live music at 4:00 p.m. will impact neighboring
uses negatively.
PLN -15 -00240 — 8104 Firestone Blvd
Apirl 6, 2016 - Page 2
Resolution No. 16 -2972
Downey Planning Commission
D. 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 will not impose an undue burden upon streets and
highways in the area because the restaurant has been in operation for many
years. Also, the site is near the core area of Downtown Downey, with arterial
access being provided from Firestone Boulevard and /or Paramount Boulevard.
The City 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 denies PLN -15- 00240, subject to the
Conditions of Approval attached hereto as Conditions of Approval, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of April 2016. f t
t4ati s Flores, 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 6th day of April 2016,
by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Flores, Rodriguez,
None
Owens
Morales and Lujan
None
Mary Cavanagh, Secretary,
City Planning Commission
PLN -15 -00240 — 8104 Firestone Blvd
Apirl 6, 2016 - Page 3