HomeMy WebLinkAboutResolution No. 6326 RESOLUTION NO. 6326
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING
THE APPEAL ON THE MODIFICATION AND REVOCATION OF CONDITIONAL
USE PERMIT NO. 94-66, REVOKING THAT PORTION OF THE CITY'S APPROVAL
FOR ENTERTAINMENT AND DANCING IN A FULL SERVICE RESTAURANT WITH
AN APPROVAL FOR THE ON -SALE OF ALCOHOLIC BEVERAGES ON
PROPERTY LOCATED AT 7867 FLORENCE AVENUE, ZONED C -21PB
(GENERAL COMMERCIAL/PARKING BUFFER)
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey does hereby find, determine and
declare that:
A. An application was filed by Rafael Cue (hereinafter "Applicant ") requesting a
time extension for his previously approved modification to his Conditional Use
Permit No. 94-66 to allow continued entertainment and dancing and the on-
sale of alcoholic beverages in a restaurant ( Tocororo) for another year since
the previous approval expired on December 16, 1999, for property located at
7857 Florence Avenue (hereinafter known as the "Subject Property").
B. The Planning Commission held duly noticed public hearings on December 15,
1999 and January 5, 2000, concerning the time extension for Conditional Use
,..� Permit # 94-66 and, after fully considering all oral and written testimony and
facts and opinions offered at the aforesaid public hearings adopted Resolution
No. 2020, modifying Conditional Use Permit #94 -66, revoking the City's
approval to permit entertainment and dancing activities in conjunction with the
restaurant which also has an approval for the on -sale of alcoholic beverages.
C. A written appeal of the decision of the Planning Commission was filed by
Armando H. Chavira, Attorney, representing the applicant Mr. Rafael Cue
operator of Tocororo Restaurant located at 7857 Florence Avenue, on January
12, 2000.
D. The City Council of the City of Downey held a duly noticed public hearing on
February 8, 2000, and after considering all oral and written testimony and facts
and opinions offered at the aforesaid public hearing adopted Resolution No.
62a, denying the appeal and revoking those portions of the Conditional Use
Permit No. 94-66 relating to entertainment and dancing
SECTION 2. Having considered all of the oral and written evidence presented to it at said
public hearing, the City Council further finds, determines and declare that:
A. The Applicant was notified by letter that a revocation hearing would be
conducted on his Conditional Use Permit # 94-66; said notices were mailed to
the property owner prior to this public hearing as prescribed by Section 9168 of
the Downey Municipal Code (DMC), entitled Revocation and Modification of
Permits and Variances.
Revocation/Modification of
Conditional Use trpi .No. 94-66
Resolution No b LL bb
Page 2
B. Section 9168.06 of the Downey Municipal y opal Code set forth the findings for
modification/revocation in which the City Council shall find that at least one of
the conditions necessary for revocation is present.
C. The City Council finds that the applicant had failed to comply with the
terms and conditions of the Conditional Use Permit by illegally expanding the
restaurant's dancing and entertainment areas and changing the occupancy
Toad.
D. The City Council further finds that the illegal expansion and work has not
yet been corrected with appropriate permits, creating conditions that would be
detrimental to the public health and safety.
E. The City Council also finds that the required modifications to this restaurant
were done without approved permits and still do not meet the City's Building
Codes which further creates a detrimental condition to the public health safety
and welfare.
F. The City Council finds that two of the six findings for revocation as set forth in
Section 9168 of the Downey Municipal Code exist and state the following:
1) the conditions created by the applicant are detrimental to the public health
and safety; and 2) the approved uses have been conducted in violation of the
terms and conditions of approval, by the applicant's failure to secure all
necessary permits and approvals.
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 modifies Conditional Use Permit No. 94-66, and
revokes the City's approval for entertainment and dancing in the restaurant located at 7857
Florence Avenue and the remaining conditions of the conditional use permit approval for the on-
sale of alcoholic beverages within said restaurant shall remain in full force and effect.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 8th day of February , 2000.
IIEITCARTHY , M- r
ATTEST:
•
N Afil c j
JUD Fi E. MC DONNELL ,City Clerk ---�
2
RevocationlModification of
Conditional Use Permit No. 94 -66
Resolution No. 6326
Page 3
1 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 thereof, held on the 8th day of
February , 2000, by the following vote, to wit:
AYES: 5 COUNCILMEMBERS: Winningham, Lawrence, McCaughan, Perkins, McCarthy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
_ j
JUD ' / E. MC DONNELL , City Clerk
H:I PLANNINGIRESOSICC\CU9466ccr.doc
3