HomeMy WebLinkAboutPC Reso 12-2784RESOLUTION NO. 12-2784
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN -12-00178 (MODIFY PLN -11-00105,
CONDITIONAL USE PERMIT) — A REQUEST TO MODIFY THE DESCRIPTION
OF ALLOWED USES AT CLUB DB LOUNGE, AND PLN CASE NO. 12-00179
(CONDITIONAL USE PERMIT) - A REQUEST TO ALLOW THE PROPERTY AT
8124-8140 FIRESTONE BOULEVARD AS A SUBSTITUTE LOCATION FOR 68
OFF-STREET PARKING FACILITIES TO ACCOMMODATE THE PARKING
REQUIREMENTS OF CLUB DB LOCATED AT 8206 FIRESTONE
BOULEVARD, TO COMPLY WITH SECTION 9712 OF THE DOWNEY
MUNICIPAL CODE
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 7, 2012. the Planning Commission adopted Resolution No.12-2758,
thereby approving PLN 11-00105.regarding a request by Hayk Gevorkyan
(hereinafter "Applicant") to allow live entertainment consisting of a 600 square
foot dance floor, live disc jockey, live music, karaoke, and billiards, at 8206
Firestone Boulevard, Downey, California (hereinafter "subject property").
B. Due to the popularity and success of Club DB Lounge, Applicant wants to
emphasize the bar/night club/live entertainment aspects of the business rather
than operating as a billiard parlor that features dancing and live entertainment.
C. Applicant proposes to reconfigure the first floor of Club DB Lounge by: eliminating
all twelve billiards tables on the first floor, provide more seats to the lounge area
near the main entrance, provide a new stage and DJ booth area, and expand the
dance floor. Four billiards tables on the mezzanine will remain
D. The current uses within Club DB Lounge require 47 parking spaces, which
Applicant satisfies by providing 37 parking spaces on the subject site and by
paying a parking credits fee to the City of Downey that enables him to use (10)
public parking spaces in lieu of providing the ten additional parking spaces on the
subject property.
E. The proposed changes to Club DB Lounge will require 101 off-street parking
spaces, which represent an increase of 54 parking spaces.
F. Downey Municipal Code Section 9726 (Off -Site Parking Facilities) mentions that
required parking facilities shall be located on the same lot or parcel of land on
which they are intended to serve, except that the Planning Commission may
approve a conditional use permit to allow a substitute location within six hundred
sixty (660) feet from the principle use for which the parking is being provided.
G. Applicant has agreed to a Shared Parking Agreement with Mr. Salvatore
Sabbatino, owner of the property at 8124-8140 Firestone Boulevard in Downey,
to lease sixty-eight (68) additional parking spaces Club DB Lounge needs to meet
the Code requirements.
Resolution No. 12-2784
Downey Planning Commission
H. The subject properties are zoned DDSP (Downtown Downey Specific Plan).
The General Plan designation of the subject property is MU (Mixed Use).
On August 2, 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.
K. The Planning Commission held a duly noticed public hearing on August 15, 2012,
and, after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, adopted Resolution No. 12-2784,
approving PLN 12-00178 and 12-00179.
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. PLN -12-00179 seeks approval of a conditional use permit to allow the
commercial property at 8124-8140 Firestone Boulevard as a substitute location
for fifty-four (54) off-street parking spaces necessary for Club DB Lounge, located
at 8206 Firestone Boulevard in Downey. The requested use will not adversely
effect the intent and purpose of the Downey Zoning Code, Article IX of the
Downey Municipal Code, because Municipal Code Section 9726 (Off -Site Parking
Facilities) which requires parking to be located on the same lot or parcel of land
on that they are intended to serve, states that the Planning Commission may
approve a conditional use permit to allow a substitute location within six hundred
sixty (660) feet from the principle use for which the parking is being provided,
provided that the total number of parking spaces shall not be less than the sum of
the requirements for each of the individual uses on all of the parcels and a
recorded document (a reciprocal parking easement or a perpetual lease) attests
to the parking arrangement. The properties are less than 660 feet apart and the
property owners have agreed to a Shared Parking Agreement that will enable the
dental office to obtain the amount of off-street parking spaces needed to meet the
Code requirements.
Chapter 2 (Circulation) of the Downey General Plan includes Goal 2.5 entitled
"Minimize the impacts from the lack of parking, and Policy 2.5.1, which reads:
Provide for adequate parking supply to meet parking demands. This Chapter
includes Program 2.5.1.6, which reads: Promote joint use, shared, and off-site
parking where appropriate. Therefore, the proposed conditional use permit to
allow the commercial property at 8124-8140 Firestone Boulevard as a substitute
location for fifty-four (54) off-street parking spaces necessary for Club DB
Lounge, located at 8206 Firestone Boulevard is consistent with the off-street
parking requirements stated in the Downey Zoning Code and the parking goals of
the Downey General Plan.
PLN -12-00178 and PLN -12-00179 (Conditional Use Permit) — 8206 Firestone Blvd and 8124-8140 Firestone Blvd
August 15, 2012 - Page 2
Resolution No. 12-2784
Downey Planning Commission
B. The property at 8124-8140 Firestone Boulevard and the Club DB Lounge
property, located at 8206 Firestone Boulevard have existed at their respective
sites for more than fifty years as commercial uses. The requested use will not
affect neighboring land uses because the number of parking spaces involved is
not significant and because the requested spaces will not exceed the amount of
parking spaces required for the retail uses. The Shared Parking Agreement calls
for Mr. Gevorkyan's non-exclusive use of the Sabbatino parking spaces during
the hours of 8:00 PM and 2:OOAM, when Club DB is in operation and the shops
on Mr. Sabbatino's property are closed. 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 proposed uses will
complement the 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. Club DB Lounge requires 101 off-street parking spaces to modify its current use.
Mr. Gevorkyan has 37 parking spaces on the subject site and pays a parking
credits fee to the City of Downey, which enables him to use (10) public parking
spaces in lieu of providing the ten additional parking spaces on the subject
property. Mr. Sabbatino agrees to license all sixty-eight (68) parking spaces on
his property to Mr. Gevorkyan, even though Club DB Lounge requires only fifty-
four (54) parking spaces to meet the Code
D. 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 regarding any potential increase in traffic caused by
operation of the business. It is staff's 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.
E. The size and shape of the subject property is generally adequate to allow for the
proposed change to Club DB Lounge in a manner not detrimental to the area
since the proposed change does not include further expansion of the existing
building. The proposed change to Club DB Lounge will result 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, and by entering
a Shared Parking agreement with the owner of the property at 8124-8140
Firestone Boulevard, to utilize 68 additional parking space for Club DB Lounge.
F. 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 staff's 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 -12-00178
(Modify PLN -11-00105, Conditional Use Permit), and PLN -12-00179 (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
PLN -12-00178 and PLN -12-00179 (Conditional Use Permit) — 8206 Firestone Blvd and 8124-8140 Firestone Blvd
August 15, 2012 - Page 3
Resolution No. 12-2784
Downey Planning Commission
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 15th day of August 2012.
4�
J#iehaef� `urray, Cha i a n
City Planning Commi ion
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 15th day of August 2012,
by the following vote, to wit:
AYES:
COMMISSIONERS:
Kiefer, Lujan, Morales, Murray
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Garcia
ABSTAIN:
COMMISSIONER:
None
Theresa Donahue, Secretary
City Planning Commission
PLN -12-00178 and PLN -12-00179 (Conditional Use Permit) — 8206 Firestone Blvd and 8124-8140 Firestone Blvd
August 15, 2012 - Page 4
Resolution No. 12-2734
Downey Planning Commission
EXHIBIT A - CONDITIONS
CONDITIONAL USE PERMIT (PLN -12-00178)
1) PLN -11-00105 (conditional use permit) established 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. PLN -12-00178 modifies Condition 1
of PLN -11-00105 by emphasizing the bar/night club/live entertainment aspects of the
business rather than operating as a billiard parlor that features dancing and live
entertainment. Approval of this modification to PLN -11-00105 allows the Applicant to
eliminate all twelve billiards tables on the first floor, provide more seats to the lounge
area near the main entrance, provide a new stage and DJ booth area, and expand the
dance floor. Four billiards tables on the mezzanine will remain. Applicant shall also
provide the number of off-street parking spaces as required by Chapter 7 of the Downey
Municipal Code for the proposed modifications. Otherwise, all conditions of approval set
forth in Conditional Use Permit No. 94-40 shall remain in force and in full effect.
Deviations or exceptions from said approval shall not be permitted without the approval
of the City Planning Commission.
PLN -12-00179 (CONDITIONAL USE PERMIT)
2) The approval of PLN -12-00179 (Conditional Use Permit) allows the property at 8124-
8140 Firestone Boulevard, Downey, California, as a substitute location for sixty-eight (68)
off-street parking spaces for Club DB Lounge, located at 8206 Firestone Boulevard in
Downey, California, as shown on the approved site plan. Any deviations or exceptions
from said site plans, other than those authorized by this resolution or those that do not
impact other conditions, shall not be permitted without the approval by the Downey
Planning Commission. (Club DB Lounge requires only fifty-four (54) parking spaces to
meet the following requirements of Section 9712 of the Downey Municipal Code):
Club DB Lounge Uses Quantity/Parking Standard , Parking Required
Billiard Tables 4 Tables 8 Spaces
(Requires 2 Parking spaces per Table)
Lounge Areas/Sitting 5,982 sq. ft / 1 per 5 persons based 80 Spaces
Areas on an occupancy load factor of 15
960 sq. ft./ 1 per 5 persons based on
Dance Floor Area 13 Spaces
an occupancy load factor of 15
Total Parking Required
101 Spaces
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) Approval of this PLN -12-00179 (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.
PLN -12-00178 and PLN -12-00179 (Conditional Use Permit) — 8206 Firestone Blvd and 8124-8140 Firestone Blvd
August 15, 2012 - Page 5
Resolution No. 12-2784
Downey Planning Commission
5) The Downey Planning Commission shall retain jurisdiction to amend or add conditions
with public notice to assure compatibility with the purpose and intent of the
Comprehensive Zoning Ordinance and to protect the public health, safety and general
welfare.
6) The Applicant shall comply with all conditions of PLN-12-00179Conditional Use Permit)
before this Conditional Use Permit becomes valid.
7) The total number of parking spaces required for the property at 8124-8140 Firestone
Boulevard, Downey, California and for the Club DB Lounge, located at 8206 Firestone
Boulevard in Downey, California shall not be less than the sum of the requirements for
each of the individual uses on both parcels.
8) The subject properties (8124-8140 Firestone Boulevard, Downey, California and 8206
Firestone Boulevard in Downey, California) shall be held in a perpetual lease and such
perpetual lease shall remain in effect as long as the parking facilities are required. The
owner or owners of these properties on which such parking is to be required and
provided shall record an agreement in the Office of the County Recorder as a covenant
running with the land for the benefit of the City, guaranteeing that such owner or owners,
and their heirs, assigns, or successors in interest, will continue to maintain such parking
facilities so long as the building or use they are intended to serve is maintained.
9) A signed and notarized copy of the Shared Parking Agreement between the Hayk
Gevorkyan and Salvatore Sabbatino, owner of the property identified as 8124-8140
Firestone Boulevard, Downey, California, shall be provided to the City of Downey
Community Development Department.
10) The Shared Parking Agreement that is the subject of PLN -12-00179 shall be approved
by the City Attorney of the City of Downey before recordation, and shall not be terminated
without the approval of the City of Downey.
11) The Applicant shall provide decorative outdoor lighting fixtures in the 8124-8140
Firestone Boulevard parking lot area. Said parking lot lighting shall below level lighting
designed to light the parking lot areas and walkways. The Applicant shall design a
lighting Plan to the City of Downey Community Development Department for approval,
prior to installation of the light fixtures. The City Planner shall approve the type and
location of lighting standards and the intensity of lighting. The Applicant shall satisfy this
condition before PLN -12-00179 becomes effective.
H:\Community Development\Planning Commission\Resolutions\2012\12-2784.doc
PLN -12-00178 and PLN -12-00179 (Conditional Use Permit) — 8206 Firestone Blvd and 8124-8140 Firestone Blvd
August 15, 2012 - Page 6