HomeMy WebLinkAbout4a. PLN-10-7559 - 7857 Florence Ave, Resolution
RESOLUTION NO. 11-2721 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING PLN-10-7559 (SITE PLAN REVIEW NO. 10-18 & REVISION ‘N’ TO CONDITIONAL USE PERMIT NO. 94-66),
A REQUEST TO ADD AN EXTERIOR PATIO TO AN EXISTING RESTAURANT (GEORGE’S) THAT OPERATES WITH AN ABC TYPE 47 (ON-SALE GENERAL, EATING PLACE) LICENSE AND LIVE ENTERTAINMENT ON PROPERTY LOCATED
AT 7857 FLORENCE AVE, ZONED C-2 (GENERAL 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. On February 1, 1995, the Planning Commission approved Conditional Use Permit No. 94-66, thereby allowing a restaurant to operate at the subject
site with the sale of alcoholic beverages for on-site consumption. Through the years, this Conditional Use Permit has been modified 13 times to allow, extend, and revoke live entertainment
at the site; and, B. The applicant (Mr. Jorge Navarro) purchased the business in 2005. An analysis of the calls for service for the City’s Police Department between January 1, 2006 and
December 31, 2010 indicates that the restaurant has generated 85 calls for service; and, C. On February 24, 2010, the applicant submitted a request for Revision ‘N’ to Conditional Use
Permit No. 94-66 and Site Plan Review No. 10-18, requested to provide an outdoor patio at the restaurant. This application was subsequently deemed incomplete by staff due to missing
information on the project plans; and, D. On June 20, 2011, the applicant submitted the remaining material needed to deem the application complete. Accordingly, on July 1, 2011, the
Conditional Use Permit and Site Plan Review application were deemed complete; and, E. On July 7, 2011, notice of the pending application was mailed to all property owners within 500’
of the subject site and published in the Downey Patriot. F. The Planning Commission held a duly noticed public hearing on July 20, 2011 and after fully considering all oral and written
testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. 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 about the Site Plan Review at
said public hearings, the Planning Commission further finds, determines and declares that: 1. The site plan is not consistent with the goals and polices embodied in the General Plan
and other applicable plans and policies adopted by the Council. In order to approve the patio, the drive aisle next to the restaurant would need to be converted to one-way egress from
the site only. Due to the location of the other driveways on the site, this could potentially force motorists to access the site from the adjoining local streets
Resolution No. 11-2721 Downey Planning Commission PLN-10-7559 – 7857 Florence Ave July 20, 2011 -Page 2 (Tweedy Lane, Dinsdale Street, and Smallwood Ave). General Plan Program 2.1.2.5
states, “Discourage projects that generate high amounts of traffic onto local and collector streets.” Approval of this patio would be contrary to this program and the policy it implements.
2. The proposed development is not in accordance with the purposes and objectives of Article IX and the zone in which the site is located. The subject site is within the C-2 (General
Commercial) zone. According to the Municipal Code, “the C-2 Zone is intended to provide for and encourage the orderly development of general commercial uses, with a wide variety of goods
and services, for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial
development.” Approval of the patio would result in a reduced access to the site that has has potential adverse impacts to the surrounding residential areas. This is in conflict with
the intent of the C-2 zone, which encourages development that is compatible with surrounding residential areas. 3. The proposed development’s site plan and its design features, including
architecture and landscaping, will not integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. As
noted in the previous finding there is a concern about potential traffic circulation issues with the approval of the patio. For this reason, the project does not integrate with the overall
site or the surrounding area. 4. The site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features do not indicate that proper consideration
has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the the
public streets. The location of the patio creates a circulation problem on site. This demonstrates the applicant’s lack of consideration to pedestrian and vehicle circulation on the
site or the functional aspects of the site. 5. The site plan and design considerations do not tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare. The proposed patio will expand an existing restaurant. Based on a review of calls for service over
the previous five years, it has been noted that this business requires an excessive amount of Police resources. Expanding the use will result in additional resources being required to
respond to incidents at the subject site, which will result in an adverse impact to the public health, safety, and welfare. SECTION 4. Having considered all of the oral and written evidence
presented to it about the Conditional Use Permit at said public hearings, the Planning Commission further finds, determines and declares that: 1. The requested Conditional Use Permit
will 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. It is a goal of the General Plan
Resolution No. 11-2721 Downey Planning Commission PLN-10-7559 – 7857 Florence Ave July 20, 2011 -Page 3 (Goal 5.4) to “Promote the protection of life and property from criminal activities.”
The existing restaurant generates a disproportionate amount of Police calls for service as compared to other businesses. This results in an additional strain on already stretched Police
resources, which in turn can prevent the City’s Police Department from quickly responding to other criminal activities. As a result, approval of the Conditional Use Permit will have
an adverse affect on the General Plan and the general welfare of persons residing in the area. 2. The requested use will adversely affect the adjoining land uses and the growth and development
of the area in which it is proposed to be located. Even though the subject site is in a fully developed area of the City, with little to no vacant properties in the immediate area; approval
of the Conditional Use Permit, will result in impacts to the local streets and to to Police resources. These impacts are severe enough that they will have an adverse affect on the properties
in the area. 3. The size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area.
The proposed project is to expand the existing restaurant by adding an outdoor patio. However, this expansion will result in the existing two-way drive aisle into a one-way egress only
driveway. The loss of the two way traffic on this driveway creates detrimental impact to the on-site circulation and limits the access to the site from Florence Ave. Furthermore, the
site is currently fully developed and the additional patio area over-builds the site for its size and shape. 4. The traffic generated by the proposed use will impose an undue burden
upon the streets and highways in the area. Access to the subject site is from Florence Ave, a primary arterial street in the City. While Florence has sufficient capacity to handle traffic
generated from the site, approval of the project will result in the loss of one driveway for ingress from Florence. This in turn, will create in additional traffic on local streets (Tweedy
Lane, Dinsdale Street, and Smallwood Ave) that surround the site. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of
the City of Downey hereby denies Revision ‘N’ to Conditional Use Permit No. 94-66 and Site Plan Review No. 10-18.
Resolution No. 11-2721 Downey Planning Commission PLN-10-7559 – 7857 Florence Ave July 20, 2011 -Page 4 SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED,
APPROVED AND ADOPTED this 20th day of July, 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 20th day of July, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONER: Theresa Donahue, Secretary City Planning Commission H:\Community Development\Blumenthal\Projects\Florence_7857\PC Reso.doc