HomeMy WebLinkAboutPC Resolution 13-2825 RESOLUTION NO. 13 -2825
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING REVISION `A' TO A CONDITIONAL USE PERMIT
(PLN -13- 00055), THEREBY MODIFYING THE HOURS OF OPERATION AND
ALLOWING A COVER CHARGE FOR A RESTAURANT (JOSEPH'S BAR AND
GRILL) THAT OPERATES WITH AN ABC TYPE 47 LICENSE AND LIVE
ENTERTAINMENT AT 11032 DOWNEY AVE, ZONED DOWNTOWN DOWNEY
SPECIFIC PLAN.
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. On February 20, 2013, the Planning Commission adopted Resolution No. 13 -2814,
thereby approving a Conditional Use Permit (PLN -12- 00303) to allow a restaurant to
operate with an ABC Type 47 license and live entertainment; and,
B. On March 7, 2013, the applicant submitted a request to revise the Conditional Use
Permit to modify the approved hours of operation and allow a cover charge for pay -per-
view sporting events; and,
C. On March 26, 2013, the Conditional Use Permit application was deemed complete; and,
D. On April 18, 2013, notice of the pending application was mailed to all property owners
within 500' of the subject site and published in the Downey Patriot.
E. The Planning Commission held a duly noticed public hearing on May 1, 2013, and after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearings, adopted this resolution, 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. The requested Conditional Use Permit will not adversely affect the purpose and intent of
the zoning code or the City's General Plan or the public convenience or general welfare
of persons residing or working in the neighborhood thereof. The subject site has a
General Plan Land Use Designation of Mixed Use and is within the Downtown Downey
Specific Plan. It is the intent of the Mixed Use designation and the Downtown Specific
Plan to encourage development that exhibits the physical design characteristics of
pedestrian- oriented, storefront -style shopping streets that creates a more active and
vibrant street life. The proposed modifications will encourage more people to patronize
the business, thus contributing to a vibrant street life. As such, the business will be
operated in a manner that is conducive to pedestrian traffic and will serve people who
live and work in the area.
Resolution No. 13 -2825
Downey Planning Commission
2. 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 subject site is in a
fully developed area of the City, with little to no vacant properties in the immediate area.
Inasmuch as a restaurant is approved to operate with alcoholic and live entertainment,
these modifications to the conditions of approval will not affect surrounding properties.
Furthermore, the success of this business can serve to draw people into the area, which
will encourage growth and development of adjoining 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.
The proposed use will be contained within an existing site, which does not require an
expansion of the building. The restaurant is a permitted use on the site and has
sufficient parking, setbacks, and landscaping to allow it to operate without creating a
detriment to others.
4. 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 located within the heart of Downtown
Downey on Downey Ave. The City is not anticipating any increase in traffic caused by the
operation of the business. The surrounding streets and highways in the area have
sufficient capacity to accommodate the existing traffic generated by the business.
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 the Revision 'A' to the Conditional
Use Permit (PLN -13- 00055), 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
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1 • ay of y, 413.
ouis Mor- - ., airman
// City Plan g 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 1 day of May, 2013, by
the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Ca anagh, Secret
City Planning Commission
Conditional Use Permit (PLN -13- 00055) — 11032 Downey Ave
May 1, 2013 - Page 2
Resolution No. 13 -2825
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -13- 00055)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Revision 'A' to Conditional Use Permit No. PLN -12 -00303 modifies the
conditions of approval for the hours of operation and allowances for cover charge.
2) Unless specifically modified herein, all conditions of approval contained in Planning
Commission Resolution No. 13 -2814 shall remain in effect and full force.
3) 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.
4) The permitted hours of operation of the business are 10:00 a.m. until 2:00 a.m. the
following morning, seven (7) days a week.
5) Cover charge for the admission to the business shall only be permitted during the display
of pay - per -view sporting events. There shall be no cover charger during any other time.
6) Any television or similar device that is installed in the outdoor eating area shall be turned
off during pay - per -view sporting events.
7) A copy of the Conditional Use Permit, including the original and this revision, and 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.
Conditional Use Permit (PLN -13- 00055) —11032 Downey Ave
May 1, 2013 - Page 3