HomeMy WebLinkAboutPC Resolution 16-2980RESOLUTION NO. 16 -2980
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -16 -00065 (CONDITIONAL USE PERMIT): A REQUEST TO
ALLOW AN EXISTING RESTAURANT TO OPERATE WITH A STATE OF
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE 47
(ON -SALE GENERAL, EATING PLACE) LICENSE, ON PROPERTY LOCATED AT
9243 LAKEWOOD 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 Debbie Berry (Chris & Pitts Restaurant), requesting
approval of a Conditional Use Permit (PLN -16- 00065), to allow an existing
restaurant to operate with an ABC Type 47 license, on property located at 9243
Lakewood Blvd, Downey, zoned C -2 (General Commercial);
B. On April 21, 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 May 4, 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 requested 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 47 (On -Sale General - 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 a commercial use that serves the immediate neighborhood
already. The approval of this conditional use permit will provide an additional
Resolution No. 16 -2980
Downey Planning Commission
convenience to patrons of the restaurant since it will allow for the sale of beer,
wine, and distilled spirits 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 subject restaurant is currently
operating with an ABC Type 41 license. Upgrading to a Type 47 license will
compliment the existing 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 a 22,772 square foot rectangular -
shaped parcel with 99 feet of frontage along Lakewood Boulevard and 189 feet
along Gallatin 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 because it is developed with a 5,500 square foot restaurant building and
thirty -two (32) off - street parking spaces. The proposed use will be contained
within an existing 1,450 square feet tenant space and it will not require an
expansion or any interior improvement of the space. Therefore, it will not impact
the existing uses on the site or other properties in the area.
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 Gallatin Road. Since
the business has been in operation since 1956, it is staff's 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 -16- 00065,
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 -16 -00065 — 9243 Lakewood Blvd
May 4, 2016 - Page 2
Resolution No. 16 -2980
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED this 4th day of May X016.
6s Flores, Chairman
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 4th day of May 2016,
by the following vote, to wit:
AYES:
COMMISSIONERS:
Flores, Rodriguez, Morales, Lujan and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
-- COMMISSIONERS:
None
Mary Cav nagh, Secretary
City Planning Commission
PLN -16 -00065 — 9243 Lakewood Blvd
May 4, 2016 - Page 3
Resolution No. 16 -2980
Downey Planning Commission
PLN -16 -00065 (CONDITIONAL USE PERMIT)
CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN -16 -00065 (Conditional Use Permit) permits the operation of a
Department of Alcoholic Beverage Control (ABC) Type 47 license (On -Sale General —
Eating Place) within a 5,500 sq. ft. restaurant, on property at 9243 Lakewood Boulevard,
2) The permitted hours of operation of the business shall be 11:00 a.m. to 10:00 p.m.,
Wednesday through Monday.
3) Customers shall not be within the business, including the parking lot, after the specified
closing time.
4) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the
Director of Community Development, the applicant shall provide evidence that the gross
sales of food exceed the gross sale of alcohol.
5) 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.
6) 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.
7) 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.
8) Approval of this PLN -16 -00065 (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.
9) The owner /applicant shall comply with all conditions of Conditional Use Permit (PLN -16-
00065), before this conditional use permit becomes valid.
10) 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.
PLN -16 -00065 — 9243 Lakewood Blvd
May 4, 2016 - Page 4
Resolution No. 16 -2980
Downey Planning Commission
11) All signs shall comply with the requirements set forth in the Downey Municipal Code.
BUILDING
12) Any proposed on -site improvements shall comply with the 2013 California Building Code
and Title 24 of the California Energy Code.
POLICE
13) Prior to selling alcoholic beverages, the owner /applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
14) 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).
15) The owner /applicant shall not permit any loitering on the subject site.
16) 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.
17) The business owner /licensee shall be responsible for monitoring the business to prevent
anyone under the age of 21 from purchasing alcohol.
18) 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
19) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
PLN -16 -00065 — 9243 Lakewood Blvd
May 4, 2016 - Page 5