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HomeMy WebLinkAboutPC Resolution 13-2819 RESOLUTION NO. 13 -2819 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. PLN -13 -00054 (REVISION 'A' TO PLN -12- 00215), THEREBY ALLOWING A BUSINESS (THE WET BAR), WHICH IS CURRENTLY APPROVED TO OPERATE WITH A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 48 (ON -SALE GENERAL, PUBLIC PREMISES) LICENSE, TO EXPAND INTO AN ADJACENT TENANT SPACE, THUS PROVIDING A LARGER BAR AREA AND ADDITIONAL CUSTOMER SEATING AREA, ON PROPERTY LOCATED AT 8832 IMPERIAL HIGHWAY, ZONED C -2 (GENERAL COMMERCIAL). THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. An application was filed by Mr. Luis Gomez (hereinafter "applicant ") requesting Planning Commission approval of PLN -13 -00054 (Revision 'A' to Conditional Use Permit No. PLN -12- 00215), to allow an expansion of a bar into the adjacent tenant space to add a larger bar area and additional seating for customers, on property located 8832 Imperial Highway, and zoned C -2 (General Commercial); and B. On March 21, 2013, notice of the pending public hearing was sent to all property owners within 500' of the subject site and the notice was published in the Downey Patriot; and C. The Planning Commission held a duly noticed public hearing on April 3, 2013, and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 13 -2819, subject to conditions of approval (Exhibit A). SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares that: 1. That 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. The requested conditional use permit to allow an expansion on the recently approved bar that operates with a Type 48 (On -sale General, Public Premises) alcohol license 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 because the site is developed as commercial use and serve the immediate neighborhood already. The subject property is zoned C -2 (General Commercial) with a General Resolution No. 13 -2819 Downey Planning Commission Plan Land Use Designation of "General Commercial ". The bar was previously approved under Conditional Use Permit No. PLN -12 -00215 and approval of this request will allow the applicant to provide a larger bar area and additional seating for customers. 2. That 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. The proposed 1,295 square foot expansion of the Wet Bar business will not adversely affect the adjoining land uses because the Planning Commission approved conditions of approval for this use (PLN -12- 00215) on October 2012, and those conditions will be in effect for the expansion area. The conditions of approval for the requested conditional use permit will lessen impacts relating to noise and loitering. 3. That 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. The subject site is a 68,000 square foot shopping center. Improvements on the site include three buildings with mostly in -line retail, restaurant and personal improvement uses and approximately 95 parking spaces. The size and shape of the subject property is sufficient to allow for the expansion of the bar in a manner not detrimental to the area, since the proposed change does not include further expansion of the existing building. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is bounded by and accessible from Lakewood Boulevard (a major arterial) and Imperial Highway (a major arterial). It is staffs opinion that the use will generate a minimal amount of daily vehicle trips and the adjoining arterial roadways have sufficient capacity to absorb this negligible increase. Thus, traffic generated by the proposed expansion will not impose an undue burden upon the streets and highways in the area. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN -13 -00054 (Conditional Use Permit), subject to conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. j PLN -13 -00054 (CUP) — 8832 Imperial Hwy April 3, 2013 — Page 2 Resolution No. 13 -2819 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3 day of April, 2013. .' is Mora -s, Chair Ir -n /City Plan ng Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 20 day of March, 2013, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer, and Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Li Mary Ca anagh, Secret.. City Planning Commission PLN -13 -00054 (CUP) — 8832 Imperial Hwy April 3, 2013 — Page 3 Resolution No. 13 -2819 Downey Planning Commission PLN -13 -00054 (REVISION 'A' TO PLN -12- 00215) EXHIBIT A — CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN -13 -00054 (Conditional Use Permit), allows a casual bar (The Wet Bar), which is currently approved to operate with an Alcoholic Beverage Control Type 48 (On -Sale General, Public Premises) license, to expand into an adjacent tenant space, to provide a larger bar area and additional seating area for customers, on property located at 8832 Imperial Highway, Downey. 2) The bar's hours of operation are seven (7) days a week, between 12 noon and 2:00 a.m. The sales of alcoholic beverages should cease at 1:00 a.m. 3) The owner /applicant shall keep the south (rear) doors remain closed during all hours of operation, except to allow employee ingress /egress and in case of emergency. 4) Approval of this Conditional Use Permit shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 5) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 6) The Owner /Applicant shall comply with all conditions of PLN -12 -00215 (Conditional Use Permit) before this Conditional Use Permit No. PLN -13 -00054 becomes valid. 7) The Owner /Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. BUILDING 8) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 9) Prior to the commencement of construction, the applicant/owner shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. PLN -13 -00054 (CUP) — 8832 Imperial Hwy April 3, 2013 — Page 4 Resolution No. 13 -2819 Downey Planning Commission FIRE 10) Plans to be submitted through Building and Safety and shall comply with 2010 California Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. 11) If applicable, the applicant/owner shall install a Knox® Rapid Entry System for the new building. 12) If applicable, the applicant/owner shall install an approved Automatic Fire Extinguishing System throughout. POLICE 13) Prior to occupying the building, the owner /applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 14) A copy of this conditional use permit and any Police permit shall be prominently posted on the premises at all times. The applicant shall make available said copies upon request by any Police Officer or other City official charged with the enforcement of the City's laws, ordinances, or regulations. 15) The owner /applicant shall impose a dress code that shall not permit patrons to wear the following: Gang attire /colors, baggy pants, bandanas, back packs, and /or caps that are worn backwards. Additionally, the dress code shall prohibit sandals and /or tank tops after 8:00 p.m. 16) Payment for beverage services shall be made only after such services have been provided to the patrons by the business. 17) The owner /applicant and licensee shall provide three (3) licensed and bonded, uniformed patrolmen or security guards at such times as determined by, and in consultation with, the Chief of Police. The number of security guards may be increased or decreased as the Chief of Police determines is necessary. 18) The owner /applicant and licensee shall post signs at all entrances to the premises and business identifying a zero - tolerance policy for nuisance behavior at the premises (including the parking lot). 19) The owner /applicant and licensee shall comply with and strictly adhere to all conditions of any permit issued by the California State Department of Alcoholic Beverage Control ( "ABC ") to the applicant and any applicable regulations of ABC. 20) The sale of all alcoholic beverages for consumption off the premises is prohibited. 21) If provided and approved, music entertainment shall not be audible beyond the area under control of the licensee (4602 DMC). 22) The owner /applicant and licensee shall keep all public access doors closed, with emergency exit capabilities, during operating hours. PLN -13 -00054 (CUP) — 8832 Imperial Hwy April 3, 2013 — Page 5 Resolution No. 13 -2819 Downey Planning Commission 23) The Licensee shall be responsible for monitoring the bar area to prevent anyone under the age of 21 from consuming alcohol. The licensee shall also be responsible in preventing anyone from furnishing alcohol to any person under the age of 21. 24) The Licensee shall be responsible for monitoring the bar area to prevent anyone from smoking inside, pursuant to section 6404.5(b) of the California Labor Code. 25) There shall be no unpermitted signage or advertising of any kind, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or entertainment signs which are clearly visible to the exterior shall constitute a violation of this condition. 26) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or any property adjacent to the licensed premises. 27) The owner /applicant and licensee shall provide the parking Tots of the premises with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 28) Lighting in the parking areas 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. 29) The owner /applicant and licensee shall remove or paint over any graffiti painted or unmarked upon the premises or on an adjacent area under control of the licensee, within twenty -four (24) hours. 30) The owner /applicant and licensee shall remain in full compliance of all Local, State and Federal Laws. 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