HomeMy WebLinkAbout02. 8320 Stewart & Gray Rd., PLN-11-00038
STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: MARCH 16, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-11-00038 (CONDITIONAL USE PERMIT) – REQUEST TO OPERATE EXISTING MARKET (FOUNTAIN SQUARE) WITH AN ABC TYPE 21 (OFF SALE, GENERAL) LICENSE ON PROPERTY LOCATED AT 8320 STEWART
AND GRAY CEQA Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this
request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not
to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Class 1 consists of projects that involve no
or negligible expansion of the existing use. Inasmuch as the applicant is proposing to reestablish alcohol sales at an existing market and the proposal will not expand the existing tenant
space, staff feels that this request qualifies for this exemption. RECOMMENDATION Staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-11-00038), THEREBY ALLOWING THE OPERATION OF A MARKET WITH AN ABC TYPE 21 (OFF SALE, GENERAL) LICENSE
ON PROPERTY LOCATED AT 8320 STEWART AND GRAY ROAD, ZONED C-1 (NEIGHBORHOOD COMMERCIAL). CODE AUTHORITY The applicant is making her request pursuant to the provisions of Municipal Code
Section 9314.04, which allows the operation of markets with the sale of alcohol, subject to the approval of a Conditional Use Permit. The Planning Commission’s authority to consider
the requested Conditional Use Permit is set forth in Municipal Code Section 9824 (Conditional Use Permits).
SITE LOCATION 8320 Stewart and Gray Rd SITE DESCRIPTION A. Subject Property 1. Property Information Site Location: 8320 Stewart and Gray Rd (AIN 6258-009-018) 2. Applicant Information
Applicant: Property Owner: Sarkis Mounib Abdulhai Fountain Square 8320 Stewart and Gray Rd Downey, CA 90241 Patricia Zacker 50535 Vista Montana La Quinta, CA 92253 3. CEQA Determination:
Categorical Exemption (Class 1) 4. Noticing Information Applicant Notification: Required Action Date: February 28, 2011 April 29, 2011 Conditional Use Permit (PLN-11-00038) – 8320 Stewart
and Gray March 16, 2011 -Page 2
B. Surrounding Properties North – To the north of the subject site (across Stewart and Gray) is a gas station that is zoned C-1 (Neighborhood Commercial) and apartments that are zoned
R-2 (Two-Family Residential). South – To the south of the subject site is an apartment building that is zoned R-3 (Multi-Family Residential). East – Immediately to the east of the subject
site is an apartment complex that is zoned R-3 (Multi-Family Residential). West – To the west of the subject site (across Downey) is an office that is zoned C-1 (Neighborhood Commercial).
C. Site Photographs Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 3
BACKGROUND The subject site is an 18,560 square foot rectangular shaped parcel that is located on the southeast corner of Downey Avenue and Stewart and Gray Rd. This parcel has a General
Plan Land Use Designation of Neighborhood Commercial and is zoned C-1 (Neighborhood Commercial). Access to the site is provided via three driveways, one on Downey Avenue and the other
two on Stewart and Gray Rd. The site is currently improved with a 7,144 square foot inline multi-tenant building that was constructed in 1964 and a 45 space parking lot. In addition
to the market, the other businesses on the site include office uses, restaurants, laundry, cleaners, retail, and a hair salon. The existing business on the site is Fountain Square Liquor,
which previously held an ABC Type 21 (Off-Sale, General); however, the establishment of the alcohol sales at the site preceded the City’s requirement for a Conditional Use Permit. A
review of the State of California Department of Alcoholic Beverage Control’s website shows that the the State revoked the license on October 15, 2009 due to the business repeatedly selling
to minors. On February 7, 2011, the applicant submitted a Conditional Use Permit (PLN-11-00038) application, requesting to reestablish alcohol sales at the site by obtaining an ABC Type
21 (Off Sale, General) license. Staff deemed the application completed on February 28, 2011. Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 4
On March 3, 2011, notice of the pending application published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500’ of the subject site. DISCUSSION/ANALYSIS
The market is approximately 2,335 square foot tenant space in the center of the building. Currently, the market sells a variety of snacks, dry goods, and non-alcoholic beverages. The
applicant is proposing to reestablish alcohol sales at the site. In order to accomplish this, the applicant is requesting to obtain an Alcoholic Beverage Control Type 21 (Off Sale, General).
The proposed hours of operation are from 7:00 a.m. until 11:00 p.m., Sunday through Thursday; and 7:00 a.m. until midnight, Friday and Saturday. The ABC Type 21 license allows the sale
of alcoholic beverages for consumption off the premises where sold. State law prohibits the business from selling alcohol to be consumed on site. In accordance with these provisions,
staff is recommending a condition of approval to reiterate the prohibition of consumption of alcohol on site. Furthermore, as with similar establishments, there is always a concern about
minors patronizing the business during school hours and with people loitering in front of the business. Notwithstanding these concerns, Downey Municipal Code Section 4109.5 (Juvenile
Daytime Curfew and Loitering) provides limitations on the ability of minors to congregate during school hours and staff is recommending a condition of approval that the applicant post
a no loitering sign in front of the business. As part of staff’s investigation of the application, staff conducted a site inspection. During the inspection, staff noted that the site
was in well-kept condition. This includes the parking lot has recently been slurry sealed, landscaping was in good condition, and no graffiti on the building. Accordingly, staff is not
recommending any conditions of approval for site repairs/upgrades. Nevertheless, staff did note that there is a rear door on the south side of the business, which faces the adjacent
apartment building. To avoid potential noise impacts onto the residences, staff is recommending a condition of approval that this door remain closed, except to allow employee ingress
and egress. Aside from all of this, staff would be remiss to ignore the history of the site and the fact the license has previously been revoked for selling alcohol to minors. A review
of State records indicates that the business had been disciplined by ABC on four (4) separate incidents. The fourth incident resulted in the State revoking the alcohol license. It should
be noted, however, that the current applicant is not the same owner who had the license previously revoked, in which staff is willing to support another opportunity to sell alcohol from
the site. Notwithstanding this, staff is recommending a condition of approval for the City to conduct a review of the CUP in six (6) months to ensure the business remains in compliance
with the conditions of approval. Based on the requirements of the Municipal Code, the applicant is required to obtain approval of a Conditional Use Permit prior to commencing the sale
of alcohol at the site. Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving a Conditional Use Permit.
A discussion of the findings follows: A. 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 is located within the C-1 (Neighborhood Commercial) and has a General Plan
Land Use Designation of neighborhood Commercial. It is the intent and purpose of Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 5
both the Zoning District and the Land Use Designation to provide limited goods and services that are needed by the immediate locality. It is staff’s opinion that allowing alcohol sales
at the subject site would serve the immediate area since markets of this size and type typically draw customers from the adjoining residential areas in comparison to larger markets that
draw customers from the entire city. Furthermore, staff believes that approval of the Conditional Use Permit will provide a convenience to people who live in the area and enjoy alcoholic
beverages, since it will provide a local market to obtain said beverages. Taking this into consideration, staff is of the opinion that this approval will not have an adverse affect on
the purpose and intent of the Zoning Code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. Accordingly,
staff feels that this finding can be adopted. 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 site is in a fully developed area of the City, with little to no vacant properties in the immediate area. Inasmuch as the proposed use will occupy an existing
tenant space (no additions to the building are being proposed), staff is of the opinion that this use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding
this, staff has proposed several conditions of approval to prevent the use from being a burden onto others. Staff believes that these conditions are necessary to avoid any adverse affects
on the adjoining properties. As such, staff feels that this finding can be adopted. 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 proposed use will be contained within an existing tenant space, which is currently used as a market, and which
does not require an expansion of the building. The addition of alcohol sales, in staff’s opinion, will not impact the existing uses on the site or other properties in the area. As such,
staff believes that the subject has sufficient shape and size to accommodate the proposed use and that this finding can be adopted. D. The traffic generated by the proposed use will
not impose an undue burden upon the streets and highways in the area. Access to the subject site is from Downey Avenue and Stewart and Gray Road. 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. Furthermore, the existing use of the site is a market, of which the operation did not impact surrounding streets.
Since the operation of a market does not impact streets and there is sufficient capacity to handle the traffic generated at the site, staff believes that this finding can be adopted.
CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. Conditional Use Permit (PLN-11-00038) – 8320 Stewart and
Gray March 16, 2011 -Page 6
CONCLUSION Based on the analysis contained within this report, staff is concluding that allowing the market to operate with an ABC Type 21 license can be a benefit to the area, provided
all conditions of approval are adhered to. Furthermore, as noted above, staff believes that all four findings required to approve a Conditional Use Permit can be made in a positive manner.
As such, staff is recommending that the Planning Commission approve the Conditional Use Permit (PLN-11-00038), subject to the recommended conditions of approval. C:\Documents and Settings\dblumenthal
\Desktop\Stewart and Gray_8320\Staff Report_2011-3-16.doc Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 7
Exhibit ‘A’ – Aerial PhotographN Subject Site Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 8
Exhibit ‘B’ – Zoning Map Subject Site R-2 N Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 9
RESOLUTION NO. 11-2703 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-11-00038), THEREBY ALLOWING THE OPERATION OF A MARKET WITH
AN ABC TYPE 21 (OFF SALE, GENERAL) LICENSE ON PROPERTY LOCATED AT 8320 STEWART AND GRAY ROAD, ZONED C-1 (NEIGHBORHOOD COMMERCIAL). 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. February 7, 2011, the applicant submitted a Conditional
Use Permit (PLN-11-00038) application, requesting to operate market with an ABC Type 21 (off sale, general) license; and, B. On February 28, 2011, the Conditional Use Permit application
was deemed complete; and, C. On March 3, 2011, notice of the pending application published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500’
of the subject site; and, D. The Planning Commission held a duly noticed public hearing on March 16, 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). 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 is located within the C-1 (Neighborhood
Commercial) and has a General Plan Land Use Designation of neighborhood Commercial. It is the intent and purpose of both the Zoning District and the Land Use Designation to provide limited
goods and services that are needed by the immediate locality. Allowing alcohol sales at the subject site would serve the immediate area since markets of this size and type typically
draw customers from the adjoining residential areas in comparison to larger markets that draw customers from the entire city. Furthermore, approval of the Conditional Use Permit will
provide a convenience to people who live in the area and enjoy alcoholic beverages, since it will provide a local market to obtain said beverages. 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. Inasmuch as the proposed use will occupy an existing tenant s
pace Resolution No. 11-2703 Downey Planning Commission Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 2 (no additions to the building are being proposed),
this use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, several conditions of approval are being imposed to prevent the use from being
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. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Access to the subject site is from
Downey Avenue and Stewart and Gray Rd. The city 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. Furthermore, the existing use of the site is a market, of
which the operation did not impact surrounding streets. 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 the Conditional Use Permit (PLN-11-00038), 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 16th day of March, 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 16th
day of March, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission
Resolution No. 11-2703 Downey Planning Commission Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 3 CONDITIONAL USE PERMIT (PLN-11-00038) EXHIBIT A
-CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN-11-00038) permits a market to operate with an ABC Type 21 (off sale, general) license. 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
set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 5) The applicant shall obtain all required approvals and permits for the State of
California Department of Alcoholic Beverage Control. 6) The business shall be permitted to operate 7:00 a.m. until 11:00 p.m., Sunday through Thursday; and 7:00 a.m. until midnight,
Friday and Saturday. 7) All signs shall comply with the requirements set forth in the Downey Municipal Code. 8) Windows shall be kept free and clear, except for permitted signs, such
that the entire business is visible from the exterior of the space. 9) The sale of alcohol for on-site consumption shall be prohibited. 10) The applicant shall post prominent, permanent,
and clearly visible sign that states “No open alcoholic beverage containers are allowed on these premises.” 11) The applicant shall prominent and permanent sign that is clearly visible
to the outdoor tables that states “No loitering is allowed on or in front of these premises.” 12) Any graffiti placed on the exterior of the business shall be removed within 48 hours
of placement. 13) The rear door on the south side of the tenant space shall remain closed at all times, except to permit employee ingress and egress. 14) Six (6) months after the commencement
of alcohol sales at the site, the Planning Commission shall conduct a review of the Conditional Use Permit to ensure the applicant is in compliance with the CUP. Said review shall be
conducted in a duly noticed public hearing. During the public hearing, the Planning Commission may approve the review, modify the conditions of approval, extend the review period, or
begin revocation proceedings.
Resolution No. 11-2703 Downey Planning Commission Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 4 15) A copy of the Conditional Use 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. C:\Documents and Settings\dblumenthal\Desktop\Stewart and Gray_8320\PC Reso.doc
RESOLUTION NO. 11-2703 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-11-00038), THEREBY ALLOWING THE OPERATION OF A MARKET WITH
AN ABC TYPE 21 (OFF SALE, GENERAL) LICENSE ON PROPERTY LOCATED AT 8320 STEWART AND GRAY ROAD, ZONED C-1 (NEIGHBORHOOD COMMERCIAL). 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. February 7, 2011, the applicant submitted a Conditional
Use Permit (PLN-11-00038) application, requesting to operate market with an ABC Type 21 (off sale, general) license; and, B. On February 28, 2011, the Conditional Use Permit application
was deemed complete; and, C. On March 3, 2011, notice of the pending application published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500’
of the subject site; and, D. The Planning Commission held a duly noticed public hearing on March 16, 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). 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 is located within the C-1 (Neighborhood
Commercial) and has a General Plan Land Use Designation of neighborhood Commercial. It is the intent and purpose of both the Zoning District and the Land Use Designation to provide limited
goods and services that are needed by the immediate locality. Allowing alcohol sales at the subject site would serve the immediate area since markets of this size and type typically
draw customers from the adjoining residential areas in comparison to larger markets that draw customers from the entire city. Furthermore, approval of the Conditional Use Permit will
provide a convenience to people who live in the area and enjoy alcoholic beverages, since it will provide a local market to obtain said beverages. 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. Inasmuch as the proposed use will occupy an existing tenant s
pace Resolution No. 11-2703 Downey Planning Commission Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 2 (no additions to the building are being proposed),
this use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, several conditions of approval are being imposed to prevent the use from being
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. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Access to the subject site is from
Downey Avenue and Stewart and Gray Rd. The city 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. Furthermore, the existing use of the site is a market, of
which the operation did not impact surrounding streets. 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 the Conditional Use Permit (PLN-11-00038), 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 16th day of March, 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 16th
day of March, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission
Resolution No. 11-2703 Downey Planning Commission Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 3 CONDITIONAL USE PERMIT (PLN-11-00038) EXHIBIT A
-CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN-11-00038) permits a market to operate with an ABC Type 21 (off sale, general) license. 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
set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 5) The applicant shall obtain all required approvals and permits for the State of
California Department of Alcoholic Beverage Control. 6) The business shall be permitted to operate 7:00 a.m. until 11:00 p.m., Sunday through Thursday; and 7:00 a.m. until midnight,
Friday and Saturday. 7) All signs shall comply with the requirements set forth in the Downey Municipal Code. 8) Windows shall be kept free and clear, except for permitted signs, such
that the entire business is visible from the exterior of the space. 9) The sale of alcohol for on-site consumption shall be prohibited. 10) The applicant shall post prominent, permanent,
and clearly visible sign that states “No open alcoholic beverage containers are allowed on these premises.” 11) The applicant shall prominent and permanent
sign that is clearly visible to the outdoor tables that states “No loitering is allowed on or in front of these premises.” 12) Any graffiti placed on the exterior of the business shall
be removed within 48 hours of placement. 13) The rear door on the south side of the tenant space shall remain closed at all times, except to permit employee ingress and egress. 14) Six
(6) months after the commencement of alcohol sales at the site, the Planning Commission shall conduct a review of the Conditional Use Permit to ensure the applicant is in compliance
with the CUP. Said review shall be conducted in a duly noticed public hearing. During the public hearing, the Planning Commission may approve the review, modify the conditions of approval,
extend the review period, or begin revocation proceedings.
Resolution No. 11-2703 Downey Planning Commission Conditional Use Permit (PLN-11-00038) – 8320 Stewart and Gray March 16, 2011 -Page 4 15) A copy of the Conditional Use 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. C:\Documents and Settings\dblumenthal\Desktop\Stewart and Gray_8320\PC Reso.doc