HomeMy WebLinkAboutPC Resolution 16-2983RESOLUTION NO. 16 -2983
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -16 -00081 (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 9952 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. IL Koo Nam (Uncle John BBQ Grill & Poke Sushi), filed a Land Use Permit
Application for approval of a conditional use permit, to allow an existing
restaurant to operate with an ABC Type 41 license, on property at 9952
Lakewood Blvd, Downey, zoned C -2 (General Commercial);
B. On May 5, 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 18, 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 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 -2983
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 a 1.74 acre rectangular- shaped
parcel with 312 feet of frontage along Lakewood Boulevard. 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 24,811 square foot, multi- tenant commercial building and 130 off - street
parking spaces. This represents a sufficient amount of parking for the restaurant
and is not affected by the proposed conditional use. Also, the proposed use will
be contained within existing tenant spaces and does not require an expansion of
the building.
D. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area. Access to the subject site
is from Lakewood Blvd, a Primary Arterial street in 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 might be
generated by the business.
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- 00081,
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 -00081 — 9952 Lakewood Blvd
May 18, 2016 - Page 2
Resolution No. 16 -2983
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of
Mores, Chairman
lanning 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 18th day of May
2016, by the following vote, to wit:
AYES:
COMMISSIONERS:
Flores,
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Rodriguez, Morales, Lujan and Owens
I � I
Mary Cava agh, Secretary
City Planning Commission
CONDITIONS OF APPROVAL
PLN -16 -00081 — 9952 Lakewood Blvd
May 18, 2016 - Page 3
Resolution No. 16 -2983
Downey Planning Commission
PLN -16 -00081 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -16 -00081 (Conditional Use Permit) allows the sale of alcoholic
beverages at 9952 Lakewood Boulevard, subject to the requirements and guidelines for
an approval of a Department of Alcoholic Beverage Control (ABC) Type 41 license (On-
Sale Beer & Wine — Eating Place).
2) The permitted hours of operation of the business shall be 11:00 a.m. to 9:00 p.m.,
Monday through Saturday.
3) There shall be no live entertainment within the business at any time.
4) Customers shall not be within the business, including parking lot, after the specified
closing time.
5) The sale of alcohol shall be incidental to the sale of food.
6) 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.
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.
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) Approval of this PLN -16 -00081 (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.
10) The owner /applicant shall comply with all conditions of Conditional Use Permit (PLN -16-
00081), before this conditional use permit becomes valid.
11) All signs shall comply with the requirements set forth in the Downey Municipal Code.
PLN -16 -00081 — 9952 Lakewood Blvd
May 18, 2016 - Page 4
Resolution No. 16 -2983
Downey Planning Commission
12) 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 be in
compliance with this condition.
13) 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.
BUILDING
14) Any proposed on -site improvements shall comply with the 2014 California Building Code
and Title 24 of the California Energy Code.
POLICE
15) Prior to selling alcoholic beverages, the owner /applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
16) 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).
17) The owner /applicant shall not permit any loitering on the subject site.
18) 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.
19) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
20) 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
21) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
PLN -16 -00081 — 9952 Lakewood Blvd
May 18, 2016 - Page 5