HomeMy WebLinkAboutResolution No. 4243 RESOLUTION NO. 4243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY, GRANTING CONDITIONAL USE PERMIT NO. 158.
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 Harry Elman and
Urbano Galluzzo, with respect to the real property
described as follows: 7639 Firestone Boulevard, requesting
a Conditional Use Permit to serve beer and wine (on -sale)
with meals within a bonafide restaurant; that a public
hearing was duly set for February 22, 1983 and May 10, 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 the on -sale of beer and wine when served in conjunction
with meals only, is viewed as an incidental use found in
most restaurants.
(2) The requested use will not adversely affect the adjoin-
- ing land uses and the growth and development of the area
in which it is proposed to be located, since the location
of this use within an existing shopping center will provide
adequate separation from surrounding uses and R1 zoned
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,
since adequate on -site improvements exist to support the
shopping center complex.
(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 project
has been reviewed and has been certified to be in
compliance with. the California Environmental Quality Act
(C.E.Q.A.) and the City's Guidelines, and is Class 1,
categorically exempt from C.E.Q.A.
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
City 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 for the on -sale of beer and wine
with no bar facilities to be served in conjunction
with meals as shown on the revised plot plan dated
December 16, 1982. Deviations or exceptions from
the approved plans shall not be permitted without the
approval of the City Planning Commission.
Resolution No. 4243
Conditional Use Permit #158
page 2.
2. No permanent or portable signs, advertising
products for sale, shall be permitted in the
driveway areas.
3. No signs, advertising matter, valances, or
advertising display shall be permitted on the
-- windows, nor placed in the interior of the building,
with design to attract attention from the exterior
but shall not exclude the placing of stock in
trade within the window area.
4. All signs for the center shall comply with
Section 9148 of the Downey Municipal Code and
on any future tenant changes, or on any sign
change to include copy changes, shall require
the property owner to submit 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. All lights used to illuminate any display,
portion of buildings, signs, open spaces, or
parking area shall be so arranged as to not
reflect the light directly on any adjacent
properties or public right -of -way.
6. A trash storage area shall be provided for
the applicant's commercial bay. Such trash
storage area shall be located adjacent to the
existing alley and have a minimum size of fifty
square feet in area. Said outside storage shall
be enclosed with a solid masonry or metal wall
and appropriate gate, and said enclosure shall
not be less than five feet nor more than seven
feet in height. All storage maintained within
the trash area shall not extend above the height
of the required wall.
SECTION 4. The permit hereby allowed is conditional upon the
privileges being uti.litized within one (1) year after the
effective date thereof, and if they are not utilized or
construction work is not begun within said 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, and City Planning Division.
ADOPTED AND APPROVED this 24th day of May ,1983
ATTEST:
L �\N e (
De to ity Clerk . James .T T. Quinn , 5 Mayor
I hereby certify that the foregoing is a true copy of a Resolution
adopted by the City Council of the City of Downey at a regular
meeting held on the 24th day of May , 19 83
by the following vote of the Council.
AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
ABSTAINED: 0 Council Members: None
• • CzoK_
D= Lty Clerk