HomeMy WebLinkAboutPC Resolution 16-2957RESOLUTION NO. 16 -2957
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00222 (CONDITIONAL USE PERMIT): A REQUEST TO
ALLOW AN EXISTING RESTAURANT TO OPERATE WITH A STATE OF
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE 41
(ON -SALE BEER & WINE, PUBLIC EATING PLACE) LICENSE, ON PROPERTY
LOCATED AT 11531 BELLFLOWER BOULEVARD AND 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 HKS Food, Inc. (Sunny's Sushi & Grill), requesting
approval of a Conditional Use Permit (PLN -15- 00222), to allow an existing
restaurant to operate with an ABC Type 41 license, on property at 11531
Bellflower Blvd, Downey, zoned C -2 (General Commercial);
B. On January 6, 2016, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published
in the Downey Patriot.
C. The Planning Commission held a duly noticed public hearing on January 20,
2016 and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
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 request Conditional Use Permit will not adversely affect the intent
and purpose of this article 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
Resolution No. 16 -2957
Downey Planning Commission
convenience or general welfare of persons residing or working in the
neighborhood because the site is developed as a commercial use that serves the
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.
B. 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.
C. 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 property is an 11,000 square foot angular -
shaped parcel with 92 feet of frontage along Bellflower Boulevard and 112 feet
along Hall Road. The size and shape of the subject property are adequate to
allow the full development of the proposed use in a manner not detrimental to the
area hPrai ice it is rlPVPlnnari with a 1 iid Qm Tara fnnt hi dirlinrr and fni irfaan N Al
off - street parking spaces. This represents a sufficient amount of parking for the
restaurant and is not affected by the proposed conditional use.
D. 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 Lakewood Boulevard (a major arterial), and is bordered by
Bellflower Boulevard and Hall Road. Because the business has been in operation
since 2010, 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. Traffic generated by the proposed conditional use permit
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 -15- 00222,
subject to the Conditions of Approval attached hereto as Exhibit A — Conditions, 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 -15 -00222 — 11531 Bellflower Blvd
January 20, 2016 - Page 2
Resolution No. 16 -2957
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of January 2016.
Hector Lujan, Chai an
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 20th day of January
2016, by the following vote, to wit:
AYES:
COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: None
ABSTAIN:
COMMISSIONERS: None
Mary Cav, agh, Secretary
City Planning Commission
PLN -15 -00222 — 11531 Bellflower Blvd
January 20, 2016 - Page 3
Resolution No. 16 -2957
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -15 -00222 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -15 -00222 (Conditional Use Permit) permits the operation of a
Department of Alcoholic Beverage Control (ABC) Type 41 license (On -Sale Beer & Wine
— Eating Place) within a 1,224 sq. ft. restaurant, on property at 11531 Bellflower Blvd.
Any deviations or exceptions from said site plan, other than those authorized by this
resolution or those that do not impact other conditions, shall not be permitted without the
approval by the Downey Planning Commission.
2) Customers shall not be within the business, including parking lot, after the specified
closing time.
3) 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 the
gross sale of alcohol.
4) 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.
5) 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.
6) 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.
7) Approval of this PLN -15 -00222 (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 owner /applicant shall comply with all conditions of Conditional Use Permit (PLN -15-
00222), before this conditional use permit becomes valid.
9) All signs shall comply with the requirements set forth in the Downey Municipal Code.
PLN -15 -00222 —11531 Bellflower Blvd
January 20, 2016 - Page 4
Resolution No. 16 -2957
Downey Planning Commission
10) The Downey Planning Commission shall retain jurisdiction to amend or add conditions
with public notice to assure compatibility with the purpose and intent of the
Comprehensive Zoning Ordinance and to protect the public health, safety and general
welfare.
BUILDING
11) Any proposed on -site improvements shall comply with the 2014 California Building Code
and Title 24 of the California Energy Code.
POLICE
12) Prior to selling alcoholic beverages, the owner /applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
13) 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).
14) The owner /applicant shall not permit any loitering on the subject site.
15) 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.
16) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
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.
FIRE
18) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
PLN -15 -00222 —11531 Bellflower Blvd
January 20, 2016 - Page 5