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HomeMy WebLinkAboutResolution No. 4360 RESOLUTION NO. 4360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, GRANTING CONDITIONAL USE PERMIT NO. 181. 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 Siri Charuwatsuntorn, with respect to the real property described as follows: 12215 Paramount Boulevard, requesting a Conditional Use Permit to establish the on -sale of beer and wine to be served with meals in a bonafide restaurant having no bar facilities in the C -2 (General Carrunercial) Zone, that a public hearing was duly set for January 4, 1984 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 serving of beer and wine with meals in a bonafide restaurant which does not have bar facilities is not an uncommon request which has been viewed by the City as an incidental use for the operation of a restaurant, and which will not adversely affect the purpose and intent of the Zoning Ordinance or the General Plan, or the public convenience or public welfare of persons residing in the general vicinity. 2) The size and shape of the property is adequate to accommodate the requested use in accordance with the requirements of the City. 3) The traffic that may be generated by the requested use will not impose an undue burden upon the streets in the area. 4) 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. 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 and re- affirms the action of the City of Downey Planning Commission with respect to the property described in Section 1, above, a Conditional Use Permit subject to the following conditions, and the appeal is hereby denied: PLANNING 1. This approval is for the serving of on -sale beer and wine with meals in a bonafide restaurant with no bar facilities, and no beer and wine bottles or cans shall be removed from the building, as shown on the approved plot plan and elevation dated September 14, 1983. Deviations or exceptions from said plot plan and elevation shall not be permitted without the approval of the City Planning Commission. 2. The Planning Commission shall retain jurisdiction to amend or add conditions without further public notice or hearing to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety, and general welfare. 3. A sign plan shall be submitted and approved prior to the installation of any signs. 4. Parking, driveway, and landscaping areas shall be constructed and permanently maintained in conformance with Sections 9150 and 9152 of the Downey Municipal Code. RESOLUTION NO. 4360 Page Two SECTION 4. The permit hereby allowed is conditional upon the privileges being utilized 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 Commission, 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, Engineering Division, and Planning Division. APPROVED AND ADOPTED this 14th day of February , 19$4 . / Robe - G. •rma. , Mayor , AI EST: r/ °` City Clerk I HEREBY CERTIFY that the foregoing resolution was adopted by the Downey City Council at a Regular Meeting thereof held on the 14th day of February , 19 84 , by the following vote: AYES: 5 Councilmen: Jackman, Barb, Davila, Quinn, Cormack NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None J at City Clerk