HomeMy WebLinkAboutPC Reso 12-2758RESOLUTION NO. 12-2758
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -11-00105 (CONDITIONAL USE PERMIT) - A REQUEST TO
ALLOW LIVE ENTERTAINMENT CONSISTING OF A 600 SQUARE FOOT DANCE
FLOOR, LIVE DISC JOCKEY, LIVE MUSIC, KARAOKE, GO- GO DANCERS, AND
BILLIARDS, AT CLUB DB LOUNGE LOCATED AT 8206 FIRESTONE
BOULEVARD AND ZONED DDSP (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 April 27, 2011, Hayk Gevorkyan (hereinafter "Applicant") filed a Land Use
Permit Application to request approval of a conditional use permit (PLN Case No.
11-00105) to allow live entertainment consisting of a 600 square foot dance floor,
live disc jockey, live music, karaoke, go- go dancers, and billiards, at 8206
Firestone Boulevard, Downey, California (hereinafter "subject property").
B. The subject property is zoned DDSP (Downtown Downey Specific Plan).
C. The General Plan designation of the subject property is MU (Mixed Use).
D. On February 23, 2012, 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.
E. The Planning Commission held a duly noticed public hearing on March 7, 2012,
and, after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, adopted Resolution No. 12-2758,
approving PLN 11-00105.
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:
The requested conditional use permit for entertainment uses under the category
"Bar/Night Club/Live Entertainment" will not adversely affect the purpose and intent of
the Downey Municipal Code. The subject property is within the DDSP (Downtown
Downey Specific Plan) zone, and it is adjacent to other properties with the same zoning
designation. The requested conditional use permit will allow live entertainment in the
form of go-go dancers, musicians, a disc jockey, and karaoke at the Club DB 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 commercial use and service the
immediate neighborhood already. The subject site has a General Plan Land Use
Designation of Mixed Use, which is implemented by the Downtown Plan Overlay Zone,
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/barwith
Resolution No. 12-2758
Downey Planning Commission
live entertainment in the Downtown Core area will encourage people to come into the
downtown and remain there.
2. The proposed conditional use permit will not adversely affect the adjoining land uses
since the proposed use generally conforms to its DDSP zone development standards.
The„ live entertainment will compliment the existing billiards parlor and surrounding
commercial uses and will serve the public with a use that the Downtown Downey
Specific Plan deems appropriate for uses within the Downtown Core area.
3. The size and shape of the subject property is generally adequate to allow for the new
restaurant in a manner not detrimental to the area since the proposed change does
not include further expansion of the existing building. The proposed use has resulted
in a need for ten (10) additional off-street parking spaces, which the Applicant has
satisfied by paying for parking credits in lieu of providing the parking on site.
4. 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. It is
staffs opinion that 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 PLN -12-00105 (Conditional Use
Permit), subject to the 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 7th day of March, 2012.
c
Michael Murray, firman
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 7th day of March 2012,
by the following vote, to wit:
AYES:
COMMISSIONERS:
Garcia, Morales,
Kiefer, Lujan, Murray
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONER:
None
Theresa Donahue, Secretary
City Planning Commission
PLN -11-00105 — 8206 Firestone Blvd
March 7, 2012 - Page 2
Resolution No. 12-2758
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -11-00105)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this conditional use permit (PLN -11-00105) authorizes the operation of a
billiard parlor with live entertainment in the form of musicians, a disc jockey, and karaoke,
but excluding go-go dancers, at 8206 Firestone Boulevard in Downey.
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) 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
5) 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.
6) The permitted hours of operation of the business are 3:00 p.m. to 2:00 a.m. Monday
through Sunday.
7) Hours of operation for the live entertainment shall be limited to 9:00 p.m. to 1:30 a.m.
Live entertainment shall be limited to not more than three singers or musicians at a time.
8) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
9) Customers shall not be within the business after closing time.
10) Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer
dancing only. All live entertainment shall cease thirty (30) minutes prior to closing.
11) 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.
12) 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.
13) Customers shall not be within the business after the specified closing time.
14) Alcohol shall not be sold for off-site consumption.
PLN -11-00105 — 8206 Firestone Blvd
March 7, 2012 - Page 3
Resolution No. 12-2758
Downey Planning Commission
15) 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.
16) The Applicant shall not permit any loitering on the property.
17) All signs shall comply with the requirements set forth in the Downey Municipal Code.
POLICE
18) The applicant shall obtain a Police Permit for the live entertainment as authorized by this
conditional use permit, within thirty (30) days of the approval of PLN -11-00105.
19) Payment for alcoholic beverage services small be made only after such services have
been provided to the patrons by the business.
20) 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 that are
worn backwards. Additionally, the dress code shall prohibit sandals and/or tank tops
after 8:00 p.m.
21) 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.
22) 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.
23) The applicant shall provide licensed and banded, 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.
24) 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).
HACommunity Development\Davis\cases\cup\PLN-11-00105 (8206 Firestone))\Reso 12-2758.doc
PLN -11-00105 — 8206 Firestone Blvd
March 7, 2012 - Page 4