HomeMy WebLinkAboutPC Resolution 13-2843 RESOLUTION NO. 13-2843
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00163 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A
RESTAURANT (WINGSTOP) TO OPERATE WITH A DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (ABC) LICENSE TYPE 41 (ON-SALE BEER & WINE - EATING
PLACE), ON PROPERTY LOCATED AT 8558 FIRESTONE BOULEVARD, 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 Ms. Sheryl Brady (hereinafter "applicant") requesting
Planning Commission approval of PLN-13-00163 (Conditional Use Permit), to sell
alcoholic beverages (ABC Type 41) in conjunction with a new restaurant
(Wingstop), on property located 8558 Firestone Boulevard, and zoned C-2
(General Commercial); and
B. On September 5, 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 September 18,
2013, and, after fully considering all oral and written testimony and facts and
opinions offered at aforesaid public hearings, adopted Resolution No. 13-2843,
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 for the sale of
alcoholic beverages in conjunction with a restaurant 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 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 persons residing or working in the
neighborhood because the site is developed as commercial use that serves the
Resolution No. 13-2843
Downey Planning Commission
immediate neighborhood already. The approval of this conditional use permit will
provide an additional convenience to patrons of the restaurant since it will allow
for the sale of beer and wine in conjunction with the sale of meals.
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 conditional use permit will not adversely affect the
adjoining land uses since the proposed use conforms to its C-2 (General
Commercial) 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. 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 size and shape of the subject property is generally
adequate to allow a new restaurant in a manner not detrimental to the area since
the proposed business 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.
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
accessible from Firestone Boulevard and Patton Road. Firestone 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 staff's 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. Although staff does not
foresee a significant traffic increase since the building and parking areas already
exist.
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-13-00163
(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.
PLN-13-00163(CUP)—8558 Firestone Blvd
September 18,2013—Page 2
Resolution No. 13-2843
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of September, 2013.
i
,Louis Mora = , Chairman
ity Planning Commission
I HEREBY CERTIFY that the foregoing is a true c py of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof held on the 18th day of September,
2013, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None -
'ABSTAIN: COMMISSIONERS: None L ,G-O ' l 6L
Mary Cvanagh,
Secre'
City Planning Commission
PLN-13-00163(CUP)—8558 Firestone Blvd
September 18,2013—Page 3
Resolution No. 13-2843
Downey Planning Commission
PLN-13-00163
(CONDITIONAL USE PERMIT)
EXHIBIT A— CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-13-00163 (Conditional Use Permit) allows the operation of a
restaurant (Wingstop) and a State of California Department of Alcoholic Beverage
Control Type 41 (On-Sale Beer & Wino - Eating Place) license, on property at 8558
Firestone Boulevard.
2) The permitted hours of operation of the business shall be from 10:30 a.m. until midnight,
seven (7) days a week.
3) Customers shall not be within the business after the specified closing time.
4) 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 sales of food exceed
50% the gross sale of alcohol.
5) Alcohol shall not be sold for off-site consumption.
6) 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.
7) 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.
8) 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.
9) 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.
10) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
PLN-13-00163(CUP)—8558 Firestone Blvd
September 18,2013—Page 4
Resolution No. 13-2843
Downey Planning Commission
POLICE
11) Prior to commencement of business, the owner/applicant shall obtain all required
Downey Police Department permits.
12) 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.
13) 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.
14) There shall be no unpermitted signage or advertising of any kind on the building,
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.
15) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or
any property adjacent to the licensed premises.
16) The owner/applicant and licensee shall provide the parking lots 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.
PLN-13-00163(CUP)—8558 Firestone Blvd
September 18,2013—Page 5