HomeMy WebLinkAboutPC Resolution 14-2875 RESOLUTION NO. 14-2875
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-14-00078(REVISION `A'TO CONDITIONAL USE PERMIT PLN-
10-08129), THEREBY ALLOWING A RESTAURANT (BUFFALO WILD WINGS),
WHICH IS CURRENTLY OPERATING WITH A DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL(ABC)TYPE 47 (ON-SALE GENERAL, EATING PLACE)
LICENSE,TO INCREASE THEIR ALLOWED HOURS OF ALCOHOL SERVICE TO
1:30 A.M., ON PROPERTY ZONED SP 89-1 (STONEWOOD 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 April 7, 2014, Mr. Mike Ayaz (hereinafter "applicant"), filed a Land Use Permit
Application requesting Planning Commission approval of PLN-14-00078 (Revision
`A' to Conditional Use Permit No. PLN-10-08129), to increase the allowed hours of
alcohol service from 1:00 a.m. to 1:30 a.m. for Buffalo Wild Wings Restaurant, on
property at 193 Stonewood Street, zoned SP 89-1 (Stonewood Specific Plan)
(hereinafter "subject property") (AIN 6285-031-092);
B. On May 8, 2014, notice of the 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 May 21, 2014 and,
after fully considering all oral and written testimony and facts and opinions offered at
aforesaid public hearings, adopted Resolution No. 14-2875, 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:
A. That the requested conditional use permit to increase the hours of alcoholic service
at the subject site will not adversely affect the purpose and intent of the General Plan
or general welfare of persons residing or working in the area because Buffalo Wild
Wings restaurant, which operates with a Type 47 (On-Sale General, Eating Place)
Alcohol Beverage Control license, was previously allowed by a conditional use
permit (PLN-10-08129). Approving the request will provide an additional
convenience to patrons of the restaurant since it will allow another venue for the
public to enjoy while also providing the sale of alcoholic beverages in conjunction
with the sale of meals.
B. That the requested to increase hours of alcohol service to the existing restaurant
does not adversely affect the adjoining land uses since it conforms to the Stonewood
Specific Plan (SP 89-1) and the use of alcoholic beverages is permitted by a
conditional use permit (PLN-10-08129). Under this application, the applicant is
merely requesting to extend the hours of alcohol service from 1:00 a.m. to 1:30 a.m.
Resolution No. 14-2875
Downey Planning Commission
In addition, all conditions of approval from PLN-10-08129 will remain active and in
full force.
C. That the and shape of the subject property is adequate to allow the expansion to the
hours of alcohol service to the restaurant in a manner not detrimental to the area
because said restaurant will not alter or add floor area to the existing space. In
addition, the size and shape of the site have been approved through the Stonewood
Specific Plan (SP 89-1) and have not changed since its adoption.
D. Firestone Boulevard serves the project site. It is classified as a Major Arterial
Highway on the City's Master Plan of Streets and Highways. Firestone Boulevard
contains three lanes in each direction. It would be able to absorb any additional
traffic the requested use may create. The traffic generated by the proposed use will
not impose an undue burden upon the streets and highways in the area due to the
size of the project which is replacing an existing service use, and the commercial
nature of the proposed use at an existing shopping center.
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-14-00078 (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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of May, 2014.
Robert Kiefer, Chairma
City Planning Commission
I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular
meeting of the Planning Commission held on the 7th day of May, 2014, by the following vote:
AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Flores and Rodriguez
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None ,
Mary avanagh, Secr ry
City Planning Commission
PLN-14-00078(CUP)—193 Stonewood St
May 21,2014-Page 2
Resolution No. 14-2875
Downey Planning Commission
PLN-14-00078
REVISION `A' TO PLN-10-08129)
EXHIBIT A— CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-14-00078 (Conditional Use Permit), allows Buffalo Wild Wings
Restaurant at 193 Stonewood Street, Downey, to serve alcoholic beverages until 1:30 a.m.
2) The sales of alcoholic beverages shall stop at 1:30 a.m., which is one-half(1/2) hour before
closing time at 2 a.m.
3) The Owner/Applicant and Licensee shall responsible to obtain any and all required Police
Department permits for this Conditional Use Permit, within thirty (30) days of the Planning
Commission's approval of PLN-14-00078.
4) The Owner/Applicant and Licensee shall comply with and strictly adhere to all conditions of
any permit issued by the Los Angeles County Health Department and any applicable
regulations from California State Department of Alcoholic Beverage Control ("ABC").
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) All conditions of approval of PLN-10-08129 shall be complied with before this Conditional
Use Permit become 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.
H.Community Development\Nguyen\CASES\CUP\2014\193 Stonewood(Buffalo.W.Wings)revision A\PLN-14-00078 reso.doc
PLN-14-00078(CUP)—193 Stonewood St
May 21,2014-Page 3