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HomeMy WebLinkAboutPC Resolution 16-2990 RESOLUTION NO. 16-2990 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-16-00114 (CONDITIONAL USE PERMIT), THEREBY AL LOWING ACOUSTICAL AND AMPLIFIED MUSIC IN THE FORM OF DISC JOCKEYS, LIVE BANDS AND MUSICIANS, AND CUSTOMER DANCING, AT AN EXISTING HOOKAH LOUNGE (HOOKAH HUB) BUSINESS, ON PROPERTY LOCATED AT 8323 FIRESTONE BLVD, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN – FIRESTONE BOULEVARD GATEWAY DISTRICT) THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. An application was filed by Mr. Emad Hanna (hereinafter "Applicant") requesting approval of a conditional use permit to operate live entertainment at an existing hookah lounge business, on property located at 8323 Firestone Blvd, and zoned DDSP (Downtown Downey Specific Plan); and, B. On August 4, 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, C. The Planning Commission held a duly noticed public hearing on August 17, 2016 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the project is not subject to 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. That the requested conditional use permit will not adversely affect the intent and purpose of this article or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The requested conditional use permit for live entertainment falls under the category of “Bar/Night Club/Live Entertainment”, and will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is adjacent to other properties with the same zoning designation. The requested conditional use permit will allow live entertainment in the form of disc jockeys, live bands and musicians, and customer dancing at Hookah Hub Lounge but will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood because the site is developed as a commercial use and the project site, along with other uses in the Firestone Boulevard Gateway District maintains the Mixed Use General Plan designation, which is intended to help facilitate entertainment uses. Related to this is General Plan Program No. 1.2.2.1 which states, “Promote the downtown area as a destination point for entertainment, Resolution No. 16-2990 Downey Planning Commission PLN-16-00114 – 8323 Firestone Blvd August 17, 2016 5 - Page 2 dining, civic, and other activities.” Allowing a hookah lounge with live entertainment in the Downtown Core area will encourage people to come into the downtown and remain there. B. 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 proposed conditional use permit will not adversely affect the adjoining land uses, with a condition limiting the hours of the proposed live entertainment, since the proposed use conforms to its DDSP zone development standards. The proposed live entertainment will complement the existing hookah lounge and surrounding commercial uses and will serve the public with a use that the Downtown Downey Specific Plan deems appropriate for the Downtown Firestone Boulevard Gateway District. C. 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 subject property is a 10,000 square foot rectangular-shaped parcel with 70 feet of frontage along Firestone Boulevard. The size and shape of the subject property are adequate to allow the full development of the proposed use in a manner not detrimental to the area because it is developed with a 5,530 square foot commercial building. The proposed live entertainment activities will be contained within an existing 2,720 square feet tenant space and it will not require an expansion or any interior improvement of the space. Therefore, it will not impact the existing uses or other properties in the area. D. That 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 located within the Downtown Firestone Boulevard Gateway District, with vehicular access being provided from Firestone Boulevard and La Reina Avenue. Staff has reviewed the proposal for any potential increase in traffic caused by the operation of the business and believed that live entertainment activities during the evening hours will not impose an undue burden upon the streets in the area. The surrounding streets have sufficient capacity to accommodate the minimal increase in traffic that might be generated by live entertainment. 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-16-00114, subject to the Conditions of Approval attached hereto, 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. Resolution No. 16-2990 Downey Planning Commission PLN-16-00114 – 8323 Firestone Blvd August 17, 2016 5 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of August 2016. Originally signed by Matias Flores Matias 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 17th day of August 2016, by the following vote, to wit: AYES: COMMISSIONERS: Flores, Morales and Owens NOES: COMMISSIONERS: Rodriguez ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONERS: None Originally signed by Mary Cavanagh Mary Cavanagh, Secretary City Planning Commission Resolution No. 16-2990 Downey Planning Commission PLN-16-00114 – 8323 Firestone Blvd August 17, 2016 5 - Page 4 CONDITIONS OF APPROVAL PLN-16-00114 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN-16-00114 (CUP) allows live entertainment in the form of disc jockeys, live bands, musicians (acoustical and amplified music), and customer dancing at the Hookah Hub business, on property located at 8323 Firestone Blvd. The Planning Commission shall review PLN-16-00114 six (6) months after issuance of the Downey Police Department permit for live entertainment. 2) Dancing area shall only be located adjacent to the prep/employee area as designated on the approved floor plan. Also, disc jockeys, live bands, and musicians shall be located along the easterly wall of the subject tenant space, near the employer’s office. 3) The sale and/or consumption of food and alcoholic beverages within the subject building are prohibited at all times. 4) The business owner/applicant shall keep the entrance and exit doors to the business closed during the hours when live entertainment is permitted. 5) Live entertainment shall not be permitted before 6:00 p.m., seven (7) days a week and shall cease by 1:30 a.m. 6) The permitted hours of operation of the business, except for live entertainment, shall be Sunday through Thursday, from 6:00 p.m. to 2:00 a.m., and from 6:00 p.m. to 4:00 a.m. Friday and Saturday. 7) The business owner/applicant is permitted to charge patrons an admission fee to enter the business during pay-per-view sporting events. There shall be no cover charge at any other time. 8) Customers shall not be within the business after the specified closing time. 9) The business owner/applicant and licensee shall not conduct valet parking on the subject site without the approval of a conditional use permit from the Planning Commission. 10) All signs shall comply with Chapter 6 of Article IX (Land Use) of the Downey Municipal Code. 11) All promotions of the business shall be conducted under direct control of the business owner. There shall be no outside promoters of live entertainment or night club activity at any time. 12) The City Planner is authorized to make minor modifications to the approved plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 13) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, measured at the property line. If noise-related Resolution No. 16-2990 Downey Planning Commission PLN-16-00114 – 8323 Firestone Blvd August 17, 2016 5 - Page 5 problems are received and verified by the Planning Division, the owner/applicant is required to conduct a noise study by a licensed acoustical engineer to show that the site complies with City’s noise standards. 14) 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 to attack, review, set aside, void or annul the approval of this resolution, to challenge the approval of this resolution on the basis of the California Environmental Quality Act (CEQA), or to determine 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. 15) Approval of this PLN-16-00114 (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. POLICE 16) Prior to operating live entertainment, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 17) The owner/applicant shall comply with and strictly adhere to the security plan, as approved by the Chief of Police. This shall include the owner/applicant providing a minimum of two (2) licensed and bonded, uniformed patrolmen for security. One security guard shall be posted at the rear entrance leading to the business, and one inside the business monitoring the entertainment area. 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. 18) 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). No patrons or employees shall be allowed to congregate at the rear of the business. 19) The business owner/applicant shall take all necessary steps to ensure that no person under the age of 21 years of age will be permitted on the premises. 20) The owner/applicant and licensee shall immediately report to the Police Department if any patron appears to be involved in illegal activity inside the subject business or outside in the parking lot area. 21) A copy of this conditional use permit and any 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. Resolution No. 16-2990 Downey Planning Commission PLN-16-00114 – 8323 Firestone Blvd August 17, 2016 5 - Page 6 22) The owner/applicant shall not permit any loitering on the subject site. 23) The owner/applicant and licensee shall remain in full compliance of all Local, State and Federal Laws. 24) 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 worn backwards. FIRE 25) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. BUILDING 26) The owner/applicant shall clearly post the maximum occupancy, as determined by the Building Official. The owner/applicant shall not permit the actual occupancy of the building to exceed the maximum allowed. 27) The owner/applicant shall obtain all required permits and necessary inspections prior to beginning operation of live entertainment at the subject tenant space.