HomeMy WebLinkAboutResolution No. 6270 RESOLUTION NO. 6270
A RESOLUTION OF THE CITY COUNCIL
CITY OF DOWNEY DENYING THE APPEAL AND
OF THE PERMIT
lNG CONDITIONAL USE PERMIT NO. 99-08, TO
APPROVING RESTAURANT
ON-SALE ALCOHOL AND ENTERTAINMENT RTAINMENT IN A R AT 8014 -8018 TELEGRAPH ROAD, ZONED C -2
THE PROPERTY LOCATED
FOR
(GENERAL COMMERCIAL)
THE CITY COUNCIL OF THE CITY
OF DOWNEY DOES RESOLVE AS FOLLOWS:
• of the City of Downey does hereby find,
SECTION 1. The Planning Commission tY
SEC
determine and declare that
filed by Mr. Lorenzo R. Sallas (hereinafter "Applicant")
A. An application was fi y nment in
requesting a
conditional use permit for on -sale alcohol and entertainment
zone for the property l
a restaurant in the C-2 located at 8014 -18 Telegraph p
Road, Downey (hereinafter "Subject Property").
Commission held a duly noticed public S. The Planning Comrrr hearing on April 7,
and facts
and, after fully considering all a
1999, a r Y l oral and written testimony adopted Resolution No.
•
and opinions offered at the aforesaid public hearing, p
p ' '
19 approving the conditional use permit.
of the Downey Planning Commission was filed by
C. An appeal of the decision •
Larry Rosenbaum, Ramco Investment Co.,on April 22, 1999.
i duly noticed
D. The City Council held a du y public hearing on May 25, 1999, p
• 1999, and, after fully considering all oral and written
continued to June 8, � n
. . • public hearing,
and opinions offered at the aforesaid pub g,
testimony and p
adopt ed Resolution No. 6 2 7 0 , denying the appeal and approving
Conditional
Use Permit No. 99-08.
i all of the oral and written evidence presented 2. Having considered resented to it at
said public hearings, the City . i Council further finds, determines and declares that .
ed conditional use permit will not adversely affect the
A. The requested
purpose and intent of Article IX, Land Use, of the Downey Municipal Code or the
• n or the public convenience or general s General Plan neral welfare of persons p Property because
. or working in the neighborhood of the Subject pe y
residing working
conditions have been developed to insure that t he use can be done at the site .
'nation for this Commercial and
and the General Plan Deng property is General Commerc
P
is in the G -2 (General the property • Commercial) zone, a zone that permits on-
�
sale alcohol and entertainment with a Conditional Use Permit.
will not adversely affect the adjoining land uses and
B. The proposed use �' . is to be located
and development of the area in which it is proposed
the growth an p
because the C -2 zone, General Commercial, perm its restaurants and bars to
300 feet of residential property and to have entertainment
serve alcohol within 3Q .. .The C -2
C -2 zone requirements of the Downey Municipal Code
subject to the �
Resolution No. 6270
Conditional Use Permit #99-08
Page 2
zone is suited for this type of use since the development standards for the zone
are intended to minimize the commercial effects on surrounding uses and there
are other similar businesses in the C-2 zone. Several conditions have been
added to this CUP to provide buffers to the neighboring uses.
C. The size and shape of the Subject Property is adequate to allow the proposed
use in a manner not detrimental to the particular area because the site is 40,469
square feet and zoned C -2, (General Commercial). The property's size is
adequate for the restaurantlbar and the adjacent office. Traffic will not be
affected because Telegraph Road is a major arterial. Parking is sufficient
because the applicants are providing more parking spaces than required.
Setbacks comply with the code.
D. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area of the Subject Property because this
use has access to Telegraph Road, a major arterial. The traffic generated will not
impose on undue burden on the surrounding streets and highways in the area
since more than required parking is provided. Sidewalks on Telegraph Road
provide pedestrian access.
E. The conditional use permit approved by this resolution is consistent with and
in conformance with the General Plan of the City of Downey and each of the
chapters thereof because the General Plan designates this area as general
commercial, which includes on -sale alcohol and entertainment with a conditional
use permit.
F. The conditions imposed on the Subject Property by this action as
described in Exhibit A, are necessary to preserve the health, safety and general
welfare of the community and enable the City Council to make the findings set
forth in the section. The conditions are fair and reasonable for the
accomplishment of these purposes.
G. The environmental impact of the proposed development has been reviewed
and has been found to be in compliance with the California Environmental
Quality Act (C.E.Q.A.) and is categorically exempt, Class 1.
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution,
the City Council of the City of Downey hereby denies the appeal and approves Conditional Use
Permit No. 99 -08, subject to conditions of approval attached hereto as Exhibit A.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
ti.
Resolution No. 6270
Conditional Use Permit #99-08
Page 3
PASSED, APPROVED AND ADOPTED this 8 day of June, 1999.
.7 ' 1
GARY P. M I . CAU GH N , la, or
ATTEST:
Il k A .4116, 4° JrAfji /
r DONNELL , City Clerk
J H E . MC
HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the City
HER
Council of the City of Downey at a regular meeting thereof, held on the 8 th day of June, 1999, by
the following vote, to wit:
AYES: 4 COUNC1LMEMBERS: Lawrence, McCarthy, Perkins , Winningham
NOES: 1 COUNCILMEMBERS: McCaughan
ABSTAIN: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None f— 40 AFAMP/X4
J U r E. MC DONNELL , City Clerk
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Resolution No. 6270
Conditional Use :Permit #99-08
Page 4
EXHIBIT A - CONDITIONS
PLANNING
1. This approval is to permit: karaoke and live music, with no dancing, conducted
between 9:00 p.m. and 1:00 a.m. of the following day, Monday through Saturday, �--,
as accessory uses to a full - service restaurant with on -sale alcohol, open from
11:00 a.m. to 1:00 a.m. of the following day, Monday through Saturday, closed on
Sundays, on property zoned C -2, General Commercial, as shown on the approved
site and floor plan, dated March 29, 1999. Deviations or exceptions from said site
plan shall not be permitted without the approval of the City Planning Commission.
This Conditional Use Permit is valid for two years, until June 8, 2001. The Planning
Commission with public notice and public hearing may grant extensions.
2. The Planning Commission shall retain jurisdiction to amend or add conditions
with public notice to assure compatibility with the purpose and intent of the
Comprehensive Zoning Ordinance and to protect the public health, safety and
general welfare.
3. All conditions of Conditional Use Permit No. 99-08 shall be complied with
before this Conditional Use Permit becomes valid.
4. Off street parking areas, driveway and landscaping areas shall be constructed
and permanently maintained in conformance with Sections 9150 and 9152 of the
Downey Municipal code.
5. If City approval is contingent on any changes to the plans as submitted, the
applicant shall submit three copies of revised plans, incorporating all approved
amendments, overlays, modifications, etc. to the Planning Division prior to the
issuance of building permits. ^.
6. Design Review approval is required for site plan, building elevations,
landscape, irrigation and signing.
7. The applicant shall submit to the Planning Division a noise study prepared by a
licensed acoustical engineer that shows the area complies with noise standards,
as stated in Section 4600 of the Downey Municipal Code. The measurements
shall be read with the doors of the building closed and while karaoke
entertainment and/or live music is conducted. This noise study shall be required
after noise - related problems are received and verified by the Downey Planning
Division.
8. A six (6') foot block wall is required for sound mitigation on the south property
line abutting the R -1 zone.
9. Existing pole sign must be removed before this Conditional Use Permit becomes
valid.
r-�
Resolution No. 6270
Conditional Use Permit #99 -08
Page 5
10. The applicant shall obtain an Entertainment Permit from the Downey Police
Department.
11. An outdoor patio is permitted for smoking only; no liquor consumption, no
entertainment and no speakers or sound system are permitted outside.
ENGINEERING
12. Any damaged curb, gutter, sidewalk or drive approaches shall be replaced to
City standards.
18. An engineered grading plan and/or drainage plan for the site (prepared by a
registered civil engineer) shall be submitted by the developers for approval by the
Engineering Division and Building and Safety Division, and all Tots shall drain to
Telegraph Road and have not Tess than a one (1 %) percent grade, and whenever
the grade differential exceeds one foot, a retaining wall shall be provided.
14. The property owner hereby consents to the annexation of the property into
the Downey City Lighting Maintenance District in accordance with Division 15 of
the Streets and Highways Code.
15. The property owner shall execute an agreement for the future installation of
permanent street lighting on Telegraph Road along the property frontage. The
agreement shall be recorded with the County of Los Angeles and kept on file by
the City Engineering Division.
16. All public utilities shall be installed underground.
r-, 17. The standards of improvement, construction materials, and methods of
construction shall be in conformance with the Standard Plans and Specifications
for Public Works Construction and as modified by the City of Downey's Standard
Plans and Specifications.
18. All necessary drainage structures shall be approved by the City Engineering
Division.
19. Comply with NPDES (Clean Water Act) requirements re: discharge of pollutants.
20. Pavement to consist of minimum section 4 thick aggregate base and a
minimum 2 - thick asphalt concrete pavement.
BUILDING
21. Obtain all necessary plan approvals and permits.
22. All improvements shall conform to handicap- accessible requirements.
Resolution No. 6 27n
Conditional Use Permit #99-08
Page 6
POLICE
23. The operat or shall obtain an Entertainment Permit from the Downey Police
Department subject to the following:
a. The premises shall be maintained as a "bona fide" restaurant and shall
provide a menu nu containin an assortment of foods normally offered in such fi
restaurants.
The restaurant shall serve food, which has been prepared on
the premises, until at least 10 :00 p.m.
b. The quarterly rterl gross sales of alcoholic beverages shall not exceed the gross sales of f food not to include cover or admission charges, during the same
period.
alcoholic beverages for consumption off the premises is prohibited.
c. The sale of all alco 9
d. Entertain provided rovided shall not be audible beyond the area under control of the
licensee
shall provide one licensed, uniformed security guard, which shall
e. The applicant s p � 'n lot. The
• in order at the p remises, including the establishment's parking maintain
number of security guards will be determined by mutual ag reement between the .
and the licensee. A minimum of one guard will be
Downey Police Department
provided live durin g the hours that karaoke anchor live music is provided.
It will be
the licensee's responsibility to prevent any activity, which would interfere with
p ty P
Whenever there is a
enjoyment of the property of nearby residents.
the quiet J y
violation of the Iaw, the licensee will immediately contact the Downey Police
Department.
f. No alcoholic lot olic bevera es shall be consumed outside the premises (parking lot,
etc.) r on any property adjacent to the licensed premises.
� li lighting of sufficient
The parking lots of the premises shall be equipped with g g
g. p • g able the appearance to illuminate and make easily discern ppe arance and conduct of
all persons in the parking lot.
h. Lighting in the parking arkin area of the premises shall be directed, positioned, and
shielded
in such a manner so as not to unreasonably illuminate the window area
of nearby residences, sidences as set forth in Downey Municipal Code Section 9152.
1. The licensee shall be responsible for maintaining free of litter the area adjacent to
the premises under the control of the licensee.
painted or market upon the premises or an adjacent area under
�, Any graffiti p en
control of the
Licensee shall be removed or painted over within twenty-four (24)
hours.
permit The applicant
shall not rmit loitering on any property adjacent to the premises
under the control of the licensee.
remain in full compliance of all Local, State, and Federal laws.
1. The applicant shall re p - valid
._. applicant shall ensure that all employees on the premises shall have va
The app on request
identification accessible to them and must present the identification upon
of any law enforcement officer.
LASHAREWVPW1 NIAG DA06081C P9908R. DOG
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