HomeMy WebLinkAboutResolution No. 4217 RESOLUTION NO. 4217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, GRANTING CONDITIONAL USE PERMIT
NO. 157.
The City Council of the City of Downey does resolve as
follows:
SECTION 1. The City Council does hereby find and determine
that an application was duly filed by Mario Altamirano, Jr.
with respect to the real property described as follows:
8009 Imperial Highway, requesting a Conditional Use Permit
to establish "Bar Facilities" for the "On- Sale" of Beer
and wine within a bonafide restaurant, that a public hearing
was duly set for February 8, 1983 at 7:30 p.m., in the
Council Chamber of the Downey City Hall, 8425 East Second
Street, Downey, California, and a notice of the date, time,
place and purpose of aforesaid hearing was duly given; that
a hearing was duly held at the aforementioned time and
place. Studies and investigation made by the Council and
in its behalf reveal the following facts:
(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,
since specific conditions are being imposed to assure
compatibility with the purpose and intent of the Code.
(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.
(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.
(4) The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways
in the area.
(5) That the environmental impact of the proposed conditional
use permit has been reviewed and has been certified to be
Class 1, categorically exempt from CEQA.
SECTION 2. The City Council further finds and determines
that facts exist as required in Section 9166.12 of the
Downey Municipal Code justifying the granting of a Conditional
Use Permit.
SECTION 3. Based upon the aforementioned findings, the Council
hereby grants with respect to the property described in
Section 1, above, a Conditional Use Permit subject to the
following conditions:
1. This approval is to establish Bar facilities for the "On-
Sale" of beer and wine within a bonafide restaurant. Said
approval is given only to Mario Altamirano Jr. as long as
he is the principal operator of the existing restaurant. Said
bar shall only be in operation when the restaurant serves
meals and in no case shall the Bar be open after 10 p.m.
on week days nor after 12 p.m. on weekends or holidays.
2. This approval shall be for a one -year time period. Additional
periods of time may be granted by Planning Commission action if
the operation of the bar is compatible with surrounding areas and
complies with the purpose and intent of this approval. Further,
there would be the right of appeal of any action taken by the
Planning Commission.
3. This approval is based upon a plot plan dated February 22, 1983.
Deviations or exceptions from said plot plan shall not be permitted
without the approval of the City Planning Commission.
Resolution No. 4217
Conditional Use Permit #157
page 2.
4. All signs for the center shall comply with Section 9148
of the Downey 'Municipal Code and any future tenant changes,
or= any sign change or copy change shall require the property
owner to resubmit a revised sign program for all signing for
the center and said sign program shall be subject to the
review and approval of the Design Review Board.
5.. Existing planted tree wells shall be cleared of overgrowth
to the standards of the Public Works Department.
6. At such time as Mr. Altamirano ceases operation of the
restaurant the bar facilities shall be removed.
SECTION 4. The permit hereby allowed is conditional upon the privileges
being utilized within one ( year after the effective date thereof,
and if they are not utilized or construction work is not begun within
sai. :d time and carried diligently in accordance with conditions imposed
by the Council, this authorization shall become void, and any privilege,
permit or variance granted hereby shall be deemed to have elapsed.
SECTION 5. The City Clerk shall certify to the adoption of this
Resolution and shall transmit a copy to the Applicant, Building and
Safety Division, Planning Division, and City Engineering Division.
ADOPTED AND APPROVED this 12th day of April , 1983.
James T. Quinn, Mayor
ATTEST:
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF DOWNEY
I hereby certify that the foregoing Resolution was duly adopted by the City
Council of the City of Downey at a regular meeting thereof held on the 12th
day of April , 19 83 by the following vote, to wit:
AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn
NOES: o Council Members: None
ABSENT: o Council Members: None
ABSTAINED: Council Members
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✓ ‘- City Clerk