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Home My WebLink AboutPC Reso 12-2777RESOLUTION NO. 12-2777 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -12-00102 (CONDITIONAL USE PERMIT) - A REQUEST TO ALLOW LIVE ENTERTAINMENT CONSISTING OF A LIVE DISC JOCKEY AT AN EXISTING HOOKAH LOUNGE (MOSAIK HOOKAH LOUNGE) LOCATED AT 11029 DOWNEY AVENUE, 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 17, 2012, Hawa Dukhan Corp. (c/o: Khaled Saab) (hereinafter "Applicant") filed a Land Use Permit Application to request approval of a conditional use permit (PLN Case No. 12-00102) to allow live entertainment consisting of a live disc jockey, at 11029 Downey Avenue, Downey, California (Mosaik Hookah Lounge) (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 July 5, 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 July 18, 2012 and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted this resolution, approving PLN 12-00102. 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: A. That 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 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 a disc jockey at Mosaik Hookah 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 the historic downtown maintain the Mixed Use General Plan designation, which is intended to help facilitate Resolution No. 12-2777 Downey Planning Commission 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, 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 days and times of the proposed live entertainment, since the proposed use generally conforms to its DDSP zone development standards. The "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 uses within the Downtown Core area. 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 size and shape of the subject property is generally adequate to allow for the hookah lounge with live disc jockey, in a manner not detrimental to the area since the proposed change does not include further expansion of the existing building. 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 near the core area of Downtown Downey, with arterial access being provided from Firestone Boulevard. Staff 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 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 -12-00102 (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 18th day of July, 2012. r �_��u_rr�_ayy�.hai`rman Mic7 acyl I , City Planning Commission ') PLN -12-00102 — 11029 Downey Avenue July 18, 2012 - Page 2 Resolution No. 12-2777 Downey 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 18" day of July 2012, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Morales, Kiefer, Garcia, Murray NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONER: None Theresa Donahue, Secretary City Planning Commission PLN -12-00102 — 11029 Downey Avenue July 18, 2012 - Page 3 Resolution No. 12-2777 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -12-00102) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this conditional use permit (PLN -12-00102) authorizes the operation of a hookah lounge with live entertainment in the form of a disc jockey only, at 11029 Downey Avenue 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 approval of this conditional use permit shall be interpreted to mean to allow any other type of live entertainment (i.e. karaoke, live bands, dance floor, etc.). 5) Hours of operation for the live disc jockey shall be limited to 9:00 p.m. to 1:30 a.m. Sunday through Wednesday and 9:00 p.m. to 2:00 a.m. Thursday through Saturday. Live entertainment shall be limited to not more than one disc jockey playing at a given time and shall not include a dance floor; the disc jockey music shall be for purposes of ambient music only. 6) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 7) 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. 8) 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. 9) The owner/applicant shall not permit any loitering on the property. 10) All signs shall comply with the requirements set forth in Chapter six of Article IX of the Downey Municipal Code. 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 use, and provide the evidence to the City Planner that said use does not exceed 65 dBA. POLICE 12) The applicant shall obtain a Police Permit prior to commencement of live entertainment activities. PLN -12-00102 —11029 Downey Avenue July 18, 2012 - Page 4 Resolution No. 12-2777 Downey Planning Commission 13) The owner/applicant shall keep the rear (west) door closed during business and live entertainment hours. 14) 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. 15) 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. 16) The applicant shall provide licensed and bonded, 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. 17) 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). H:\Community Development\Planning Comm ission\Resolutions\2012\1 2-2777.doc PLN -12-00102 — 11029 Downey Avenue July 18, 2012 - Page 5