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Home My WebLink AboutPC Reso 11-2721RESOLUTION NO. 11-2721 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING REVISION 'E' TO CONDITIONAL USE PERMIT NO. 03-05 (PLN -11- 00160), THEREBY REMOVING A RESTRICTION ON THE AGE OF OCCUPANTS ON A RESTAURANT THAT OPERATES WITH A TYPE 41 (ON -SALE BEER AND WINE, EATING PLACE) AND WITH LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 8237-8239 SECOND STREET AND WITHIN THE 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 5, 2003, the Planning Commission approved Conditional Use Permit No. 03-05, to allow a computer access center at 8239 Second Street. This CUP allowed a maximum of 20 computers; and, B. On March 3, 2004, the Planning Commission approved Revision 'A' to Conditional Use Permit No. 03-05 (officially numbered Modification to Conditional Use Permit 03- 05). This revision allows the computer access center to occupy the space at 8237 Second Street, as well as the original space at 8239 Second Street; and, C. On July 19, 2006, the Planning Commission approved Revision 'B' to the CUP (officially numbered Conditional Use Permit 06-54M), to allow the addition of live entertainment within the computer access center. More specifically, this revision allows up to three (3) entertainers on stage; however, limited the number of computers to six (6); and, D. On February 6, 2008, the Planning Commission denied Revision 'C' to Conditional Use Permit No. 03-05 (officially numbered Conditional Use Permit 07-173), a request to delete the condition of approval that limits the number of entertainers allowed to perform at any given time; and, E. On May 9, 2009, the Planning Commission approved Revision 'D' to Conditional Use Permit No. 03-05, to allow the restaurant/nightclub to operate with an ABC Type 41 (On -Sale Beer and Wine, Eating Place) license and live entertainment. As part of this approval, the Planning Commission imposed several conditions of approval, including a restricting that after 9:00 p.m. the minimum age of patrons shall be 21 years or older; and, F. The State of California Department of Alcoholic Beverage Control notified the City that the age restriction is in violation of ABC guidelines for Type 41 licenses; and, G. On June 23, 2011, notice of the pending application was published in the Downey Patriot. Additionally, the notice was mailed to all property owners within 500' of the subject site on June 24, 2011; and, H. The Planning Commission held a duly noticed public hearing on July 6, 2011 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution, subject to conditions of approval (Exhibit A). Resolution No. 11-2721 Downey Planning Commission 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: 1. 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 subject site has a General Plan Land Use Designation of Mixed Use, which is implemented by the Downtown Downey Specific Plan. General Plan Program No. 1.2.2.1 states, "Promote the downtown area as a destination point for entertainment, dining, civic, and other activities." Allowing a restaurant/nightclub with live entertainment in the downtown area will encourage people to come into the downtown and remain for a period of time, thus assist in implementing this program. 2. 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 site is in a fully developed area of the City, with little to no vacant properties in the immediate area. While several issues of concern, which could create potential negative impacts on the neighboring properties, have been raised, the conditions of approval will mitigate these potential impacts such that the business will not be a burden onto others. These conditions are necessary to avoid any adverse affects on the adjoining properties. 3. 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 proposed use will be contained within an existing tenant space and does not require an expansion of the building. Nevertheless, the proposed restaurant/nightclub is deficient 18 parking spaces. Notwithstanding this deficiency, a unique provision for the Downtown Downey Specific Plan is the ability to purchase parking credits within the public parking lots. The applicant has obtained approval for 18 parking credits. With the applicant obtaining these parking credits, the subject has sufficient shape and size to accommodate the proposed use. 4. 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 mainly provided from Firestone Blvd and/or Paramount Blvd. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. 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 Revision 'E' to Conditional Use Permit No. 03-05 (PLN -11-00160), subject to conditions of approval attached PLN -11-00160 (CUP) — 8237-8239 Second Street July 6, 2011 - Page 2 Resolution No. 11-2721 Downey Planning Commission 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 6h day of July, 2011. 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 6th day of July, 2011, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Morales, Murray, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Garcia ABSTAIN: COMMISSIONER: None 04�zz Theresa Donahue, Secretary City Planning Commission PLN -11-00160 (CUP) — 8237-8239 Second Street July 6, 2011 - Page 3 Resolution No. 11-2721 Downey Planning Commission CONDITIONAL USE PERMIT NO.03-05, REV E EXHIBIT A - CONDITIONS PLANNING 1) Unless modified hereafter, Planning Commission Resolution No. 09-2583, which approved Revision 'D' to Conditional Use Permit 03-05, and all conditions of approval contained therein shall remain in effect and full force. 2) Condition of Approval No. 14 of Planning Commission Resolution No. 09-2583 shall be hereby deleted. There shall be no age restriction on the patrons of the business; however, the applicant shall take all necessary steps to ensure that alcohol is not sold, given to, or consumed by persons under the age of 21. 3) Six (6) months after the commencement of business, the Planning Commission shall conduct a review of the business in a duly noticed public hearing. The purpose of the review is to ensure the business's compliance with the conditions of approval set forth in Planning Commission Resolutions 09-2583 and 11-2721. HACommunity Development\Planning Comm ission\Resolutions\201 1\1 1-2721.doc PLN -11-00160 (CUP) — 8237-8239 Second Street July 6, 2011 - Page 4