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HomeMy WebLinkAboutPC Resolution 17-3011RESOLUTION NO. 17-3011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -16-00275 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A TYPE 41 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO PERMIT THE ON- SITE SALE AND CONSUMPTION OF BEER AND WINE AT A NEW RESTAURANT (POKE2 GRILL) LOCATED AT 9523 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 Karen Park (Poke2 Grill), requesting approval of a Conditional Use Permit (PLN -16-00275), to allow a new restaurant to operate with an ABC Type 41 license, on the property 9523 Lakewood Boulevard, Downey, and zoned C-2 (General Commercial); B. On December 22, 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 4, 2017 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, 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 in that this site has already been approved for commercial development to serve the surrounding neighborhood. The added sales of alcohol will complement the new use of the restaurant. Resolution No. 17-3011 Downey Planning Commission 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 complement the 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. 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 approximately 3.56 acres. The 1,800 -square -foot restaurant will be situated along Lakewood Boulevard. Since the development on the site has already been approved, the request to serve alcohol will only enhance the proposed restaurant 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 traffic generated by the new restaurant was taken into consideration during the review for development on the entire site. This added proponent for beer and wine sales 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 -16-00275, 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. (Signatures on next page) PLN -16-00275 — 9523 Lakewood Blvd January 4, 2017 - Page 2 Resolution No. 17-3011 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of January 2017. Matias Flores, Chairman 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 4th day of January 2017, by the following vote, to wit: AYES: COMMISSIONERS: Flores, Rodriguez, Morales and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary Cavanagh, Secretary'. City Planning Commission PLN -16-00275 — 9523 Lakewood Blvd January 4, 2017 - Page 3 Resolution No. 17-3011 Downey Planning Commission CONDITIONS OF APPROVAL PLN -16-00275 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of Conditional Use Permit (PLN -16-00275) permits the operation of a restaurant with an ABC Type 41 (On -Sale Beer and Wine, Eating Place) license. 2) 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. 3) 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. 4) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 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 permitted hours of operation of the business are 11:00 a.m. until 12:00 a.m., seven (7) days a week. 7) Customers shall not be within the business after the specified closing time. 8) There shall be no live entertainment within the business at any time. 9) Alcoholic beverages shall not be sold for off-site consumption. 10) The sale of alcohol shall be incidental to the sale of food. 11) 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. PLN -16-00275 — 9523 Lakewood Blvd January 4, 2017 - Page 4 Resolution No. 17-3011 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. 14) All signs shall comply with the requirements set forth in the Downey Municipal Code and shall require separate permits. BUILDING 15) Any proposed on-site improvements shall comply with the plans as approved by BLD -16-02095. POLICE 16) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 17) 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). Signs shall be posted along the exterior patio and shall also include verbiage prohibiting the possession and consumption of alcohol outside the premises. 18) The owner/applicant shall not permit any loitering on the subject site. 19) 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. 20) The Licensee shall be responsible for monitoring the business to prevent anyone under the age of 21 from purchasing alcohol. 21) 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 22) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. 23) Approved occupant load signage shall be installed in accordance with CFC 2013 Section 1004.3. 24) The owner/applicant shall install approved Fire Department premises (address) identification (if not already in place and meeting current code) [CA Fire Code 505]. PLN -16-00275 — 9523 Lakewood Blvd January 4, 2017 - Page 5 Resolution No. 17-3011 Downey Planning Commission 25) The owner/applicant shall install approved Fire Department access — Knox Box [CA Fire Code 506]. 26) Additional required Fire Code requirements may be required at time of plan review and/or field inspection. END OF CONDITIONS PLN -16-00275 — 9523 Lakewood Blvd January 4, 2017 - Page 6