HomeMy WebLinkAbout2b PLN-11-00103 (Res)
RESOLUTION NO. 11-2712 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-11-00103 (CONDITIONAL USE PERMIT), ALLOWING AN EXPANSION OF A TYPE 41 (OFF-SALE, BEER
AND WINE, EATING PLACE) ABC LICENSE, TO INCLUDE THE PATIO AREA (1,300 SQ. FT.) OF THE MARKETPLACE GRILL AND CAFE LOCATED AT 7877 FLORENCE AVENUE, ZONED C-2 (GENERAL COMMERCIAL) AND P-B
(PARKING BUFFER). 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. An application was filed by Mr. George Efstathiou (hereinafter "applicant") requesting PLN 11-00103 (Conditional Use Permit), requesting an expansion of a Type 41 (Off-Sale,
Beer and Wine, Eating Place) ABC license to include the patio area (1,300 sq. ft.) of the Marketplace Grill and Café located at 7877 Florence Avenue (hereinafter “subject property”);
B. The property is zoned C-2 & P-B (General Commercial and Parking Buffer) (AIN: 6360-012-009); C. On May 5, 2011, notice of the pending public hearing was sent to all property owners
within 500’ of the subject site and the notice was published in the Long Beach Press Telegram; and D. The Planning Commission held a duly noticed public hearing on May 18, 2011 and,
after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted this resolution, approving PLN 11-00103 (Conditional Use
Permit). 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. 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 to allow an expansion of an existing Type 41 (On Sale Beer & Wine, Eating Place) alcohol license at a new restaurant
(The Marketplace Grill & Café) 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, and adjacent properties, are developed as commercial uses and service the immediate neighborhood already. The approval of this conditional
use permit will provide an additional convenience to patrons of the restaurant since it will allow for the sale of beer and wine in conjunction with the sale of meals.
Resolution No. 11-2712 Downey Planning Commission PLN 11-00103 (CUP)-7877 Florence Avenue May 18, 2011 -Page 2 2. 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 since the
restaurant conforms to the C-2 zone development standards. The expansion of the alcohol license to allow the serving of alcohol within the patio area will compliment the dining experience
at the proposed restaurant. Staff has proposed conditions of approval to enclose the patio area, to protect it from the drive-thru lane and to minimize improper or illegal contact with
pedestrians. 3. 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 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 proposed building. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed
use will not impose an undue burden upon the streets and highways in the area because Florence Avenue is designated as a major arterial by the City’s General Plan. Florence is able to
absorb any additional traffic this request may create. 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 11-00103 (Conditional Use Permit), 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 these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of May, 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 18th day
of May, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission
Resolution No. 11-2712 Downey Planning Commission PLN 11-00103 (CUP)-7877 Florence Avenue May 18, 2011 -Page 3 PLN 11-00103 (CONDITIONAL USE PERMIT) EXHIBIT A – CONDITIONS OF APPROVAL
PLANNING 1) The approval of PLN 11-00103 (Conditional Use Permit), allows expansion of an existing Type 41 (Off-Sale, Beer and Wine, Eating Place) ABC license, to include the patio area
(1,300 sq. ft.) of the Marketplace Grill and Café located at 7877 Florence Avenue zoned C-2 (General Commercial) and P-B (Parking Buffer). This expansion thus allows for the serving
of alcohol within the restaurant and exterior patio area. 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 applicant
shall construct and maintain a decorative masonry wall or decorative ornamental wrought wrought iron fence not less than forty-two inches in height, per Downey Municipal Code Section
9314.06 (b) (2) and 9534.16 to enclose the outdoor patio/dining area. 4) The conditions of Resolution No. 10-2655 approving PLN-10-08045 (Conditional Use Permit) shall apply to this
modification and shall remain in full effect.
Resolution No. 11-2712 Downey Planning Commission PLN 11-00103 (CUP)-7877 Florence Avenue May 18, 2011 -Page 4 EXHIBIT NO. 3 Resolution No. 10-2655 (CUP)