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Home My WebLink AboutPC Reso 10-2633RESOLUTION NO. 10-2633 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 10-16, THEREBY ALLOWING LIVE ENTERTAINMENT ACTIVITIES WITHIN THE LOUNGE AREA AND THE BALLROOMS AT THE EXISTING HOTEL (EMBASSY SUITES), LOCATED AT 8425 FIRESTONE BLVD, ZONED C-3 (CENTRAL BUSINESS 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 Maurice Casaus, (hereinafter "applicant") requesting Conditional Use Permit No. 10-16 to permit live entertainment activities within the lounge area and the ballrooms at the existing hotel (Embassy Suites), on property at 8425 Firestone Blvd, zoned C-3 (Central Business District) (hereinafter "subject property") (AIN 6254-021-025, 030 & 031); B. On March 26, 2010, notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in the Long Beach Press Telegram; and C. The Planning Commission held a duly noticed public hearing on April 7, 2010 and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 10-2633, approving Conditional Use Permit No. 10-16. 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 purpose and intent of Article IX of the Municipal Code or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The hotel use on the subject property is consistent with its General Plan designation of "General Commercial". Additionally, the proposed use is consistent with the City's Zoning Ordinance since it is permitted in the C-3 zone, subject to the approval of a conditional use permit. Activities within the proposed lounge area and ballrooms, with the conditions of approval, will not impact the welfare of the nearby residential uses. 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 subject hotel is existing and if approved, the requested use will not affect neighboring land uses due to the nature of the use and the manner in which the development housing the hotel is oriented and designed. However, noise is a minor issue of concern, which could create potential negative impacts on the Resolution No. 10-2633 Downey Planning Commission hotel's guests. The conditions of approval will mitigate this potential impact such that the business will not be a burden onto others. This condition is necessary to avoid any adverse affects on the public and adjoining properties. 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 is adequate to accommodate the requested use. The proposed use will be contained within an existing lounge area and ballrooms and does not require expanding the physical size of the hotel. The property measures 4.23 acres with a width of 528 feet along Firestone Blvd and a depth of 494 feet along Dolan Street, which exceeds the minimum requirements of the Downey Municipal Code. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Firestone Boulevard serves the project site. It is classified as a Major Arterial Highway on the City's Master Plan of Streets and Highways. The volume of traffic that the proposed live entertainment activities within the hotel are expected to generate will not burden the highway. The subject hotel has been in operation since 1984 and its traffic volumes have not adversely impacted Firestone Blvd and Dolan Street. Firestone Blvd contains three lanes in each direction, which run directly across Dolan Street. It would be able to absorb any additional traffic the requested use may create. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves Conditional Use Permit No. 10-16, subject to conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7t' day of A ril 201 ,/ouis Mor es, Chairman City Pla ing Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted b� the Planning Commission of the City of Downey at a regular meeting thereof, held on the 71 day of April 2010, by the following vote, to wit: AYES: COMMISSIONERS: Kiefer, Vasquez, Lambros, Murray, Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4km,e4a �Oo (t Theresa Donahue, Secretary City Planning Commission CUP 10-16 — 8425 Firestone Blvd April 7, 2010 - Page 2 Resolution No. 10-2633 Downey Planning Commission CONDITIONAL USE PERMIT NO. 10-16 EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit No. 10-16 permits the operation of live entertainment activities within the lounge area and the ballrooms at the existing hotel (Embassy Suites). This approval shall not be intended to approve a nightclub at the subject site. 2) 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. 3) 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. 4) All conditions of approval Conditional Use Permit 10-16 shall be complied with before the Conditional Use Permit becomes valid. 5) The permitted hours of operation of live entertainment are as follows: a) Karaoke within the Firestone Grill Lounge area Thursday through Saturday — 7:30 p.m. until Midnight b) Piano Player in the Firestone Grill Lounge area Once every Sunday — 11:00 a.m. until 5:00 p.m. c) Banquets with DJ inside the ballrooms Any day of the week — between 2 p.m. and Midnight 6) Live entertainment shall be limited to a piano player, disc jockeys, and karaoke. Live entertainment activities shall be permitted from 11:00 a.m. until Midnight. 7) There shall be no cover charge for the admission to attend live entertainment. 8) Live entertainment activities shall only occur in the lounge areas and the ballrooms. 9) There shall be no outside promoters of live entertainment or night club activity at any time. POLICE 10) Prior to commencement of business, the applicant shall obtain a Police Permit for the live entertainment. 11) 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. 12) 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. CUP 10-16 — 8425 Firestone Blvd April 7, 2010 - Page 3 Resolution No. 10-2633 Downey Planning Commission BUILDING 13) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 14) If applicable, the applicant shall obtain permits for the construction of the stage and installation of any lights/sound systems. 15) The applicant shall clearly post the maximum occupancy, as determined by the Building Official. The applicant shall not permit the actual occupancy of the building to exceed the maximum allowed. FIRE 16) If applicable, all construction shall comply with the requirements of the 2007 California Fire Code, as amended by the City of Downey. H:\PLANNING\RESOS\PC\2010\10-2633.doc CUP 10-16 — 8425 Firestone Blvd April 7, 2010 - Page 4