HomeMy WebLinkAboutPC Resolution 13-2830 RESOLUTION NO. 13 -2830
ra A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00063 — A REQUEST TO OPERATE A RESTAURANT WITH
ALCOHOL SALES (ABC LICENSE TYPE 41, ON -SALE BEER SWINE/ EATING
PLACE), AT 9641 LAKEWOOD BOULEVARD, ON PROPERY ZONED C -2 AND P-
B (GENERAL COMMERCIAL AND PARKING BUFFER)
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 march 19, 2013, Louie Christopoulus (hereinafter "Applicant ") filed a Land
Use Permit Application to request approval of a conditional use permit (PLN Case
No. 13- 00063) to operate a restaurant with a State of California Department of
Alcoholic Beverages Control Type 41 license (On -Sale Beer & Wine /Eating
Place), at 9641 Lakewood Boulevard, Downey, California (hereinafter "subject
property ").
B. The subject property is zoned C -2 and P -B (General Commercial and Parking
Buffer).
C. The General Plan designation of the subject property is "0" (Office).
D. On May 2, 2013, notice of the pending public hearing was sent to all property
owners within 500' of the subject site and it was published in the Downey Patriot.
E. The Planning Commission held a duly noticed public hearing on May15, 2013,
and, after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, adopted Resolution No.13 -2830,
approving PLN 13- 00063.
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
comply 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:
A. The requested conditional use permit for the restaurant/bar will not adversely
affect the purpose and intent of the Downey Municipal Code. The subject
property is within the C -2 (General Commercial) zone, which is intended to
provide for and encourage the orderly development of commercial uses, with a
wide variety of goods and services, for the residents of the entire City, with
provisions designed to ensure that such commerce will be efficient, functionally
related, and compatible with adjacent noncommercial development. The Downey
General Plan seeks to diversify the City's sales tax base by encouraging land
uses that generate sales tax revenues. The requested conditional use permit will
allow a Type 41 (On -Sale General, Beer and Wine - Eating Place) alcohol license
at the restaurant but 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
Resolution No. 13 -2830
Downey Planning Commission
persons residing or working in the neighborhood because the site is developed as
commercial use that serves the immediate neighborhood already.
B. The proposed conditional use permit will not adversely affect the adjoining land
uses since the proposed use conforms to its C -2 (General Commercial) and P -B
(Parking Buffer) zone development standards. The alcohol license will
compliment the proposed restaurant and surrounding commercial uses and will
serve the public with a use that the Zoning Code deems appropriate for uses
within the C -2 zone.
C. The size and shape of the subject property is generally adequate to allow for the
expanded restaurant in a manner not detrimental to the area since the proposed
change does not include further expansion of the existing building and because
the site has sufficient off- street parking to meet the City's development standards.
D. The subject site is accessible from southbound traffic on Lakewood Boulevard.
Lakewood Boulevard is a major arterial, which serves as a through route for traffic
crossing the City. Staff has reviewed the proposal and any potential increase in
traffic caused by operation of the business. It is staffs opinion that the
surrounding streets and highways in the area have sufficient capacity to
accommodate the minimal increase in traffic that the business might generate.
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 -00063
(Conditional Use Permit), subject to the 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 15 day of May 013.
Louis Chairman
City Planning 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 15 day of
May, 2013, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Kiefer
ABSTAIN: COMMISSIONERS: None
4 tt(i Oztka/ke L i
Mary Cavanagh, Secreta y
City Planning Commission
PLN 13 -00063 (Conditional Use Permit))
9641 Lakewood Blvd.
May 15, 2013 - Page 2
Resolution No. 13 -2830
Downey Planning Commission
tra
EXHIBIT A —
CONDITIONS OF APPROVAL
PLN -13 -00063 (Conditional Use Permit)
PLANNING
1) The approval of PLN -12 -00003 (Conditional Use Permit) permits the operation of a
restaurant with a Department of Alcoholic Beverage Control Type 41 (On -Sale Beer and
Wine/ Eating Place) license.
2) 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.
3) 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.
4) The permitted hours of operation of the business are 11:00 a.m. to 11:00 p.m. daily.
5) Customers shall not be within the business after closing time.
6) The premises shall be maintained as a bona fide restaurant and the Applicant/ business
owner shall provide a menu containing an assortment of foods normally offered at such
restaurants. There shall be no alcoholic beverages permitted to be taken from inside of the
establishment.
7) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
City Planner, the applicant shall provide evidence that the gross sale of food exceeds the
gross sale of alcohol.
8) The kitchen shall remain open to serve a full menu at all times the business is open. The
service /sale of prepackaged foods, salads, or sandwiches is not considered to comply with
this condition.
9) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq.
In any case, noise shall not exceed 65 dBA, as measured at the property line. Should any
noise complaints be formally submitted to the Police Department/ Code Enforcement, the
applicant/owner shall be responsible to hire a noise consultant to measure the dBA during a
live entertainment use, and provide the evidence to the City Planner.
10) All storefronts shall remain free and clear of any type of window displays or tinting in order to
provide adequate safety enforcement surveillance into the facility, except signs as permitted
per the Downey Municipal Code.
11) The parking lot shall be equipped with lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons on or about the parking lot.
PLN 13 -00063 (Conditional Use Permit))
9641 Lakewood Blvd.
May 15, 2013 - Page 3
Resolution No. 13 -2830
Downey Planning Commission
12) The owner /applicant shall be responsible for ensuring the subject property is free of litter and
graffiti. Should graffiti be applied, the applicant shall remove the graffiti within 24 hours.
13) The Applicant shall not permit any loitering on the property.
14) All signs shall comply with the requirements set forth in the Downey Municipal Code.
15) 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.
POLICE
16) Payment for alcoholic beverage services shall be made only after such services have been
provided to the patrons by the business.
17) The owner /applicant shall comply with and strictly adhere to all conditions of any permit
issued by the Alcohol Beverage Control ( "ABC ") to the applicant and any applicable
regulations of ABC.
18) A copy of the Conditional Use Permit 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.
19) Signs shall be posted at all entrances to the premises and business identifying a zero -
tolerance policy for nuisance behavior at the premises (including the parking lot).
FIRE
20) 2010 California Fire Code as well a City of Downey Municipal Fire Code: Fire alarm total
coverage and addressable, fire sprinkler system, all cooking equipment to be protected by a
compliant UL 300 fire suppression system, max occupant load sign above front door,
emergency lighting exit signs, panic hardware on all exit doors, extinguisher to be properly
placed throughout business, Knox box w /master key, additional requirements may be
required at time of plan review.
H: \Community Development \Davis \cases \cup \PLN -13 -00063 (9641 Lakewood) \RESO.doc
PLN 13 -00063 (Conditional Use Permit))
9641 Lakewood Blvd.
May 15, 2013 - Page 4