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HomeMy WebLinkAboutPC Resolution 17-3042RESOLUTION NO. 17-3042 A RESOLUTION OF THE PLANNING COMMISSION APPROVING REVISION "A" TO A CONDITIONAL USE PERMIT (PLN-17-00111), THEREBY ALLOWING AN EXPANSION OF AN EXISTING RESTAURANT (THE 20/20 DRAFT HOUSE) WHICH OPERATES WITH AN ABC TYPE 47 (ON-SALE, GENERAL-EATING PLACE) ALCOHOL LICENSE, AND LIVE ENTERTAINMENT ON PROPERTY LOCATED AT 8228 FIRESTONE BOULEVARD. 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.The 20/20 Draft House commenced operations in 2013; and, B.On July 15, 2015, the Planning Commission approved Conditional Use Permit (PLN-15-00111) which allowed live entertainment at the restaurant; and, C.On June 28, 2017, an application was filed by Leobardo Guerrero (The 20/20 Draft House), requesting approval of Revision "A" to the Conditional Use Permit to expand the operations of the business into the adjacent tenant space. D.On July 25, 2017, the application was deemed incomplete by staff. The applicant resubmitted the required materials on September 22, 2017; and, E.On October 2, 2017, the application was deemed complete; and, F.On November 30, 2017, 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; and, G.On December 6, 2017, the Planning Commission held a duly noticed public hearing 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. 15332 (Class 32, In-fill Development), which have been determined not to have a significant effect on the environment, because the project is consistent with all applicable general plan designations and policies, as well as with applicable zoning designations and regulations and is less than five acres and is substantially surrounded by urban uses. 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.The requested conditional use permit will not adversely affect the intent and purpose of Article IX of the Downey Municipal Code or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. Revision "A" to the Conditional Use Permit to expand the operations of a Resolution No. 17-3042 Downey Planning Commission BUILDING 34)Customers are not permitted to stand in the hallway along the eastern-wall of the establishment while they are waiting to be seated. All patrons must enter off of Firestone Boulevard. 35)Prior to final of building permits, the occupancy number shall be posted on the walls of the establishment in a clear and visible area. 36)The proposed improvements shall comply with the 2016 California Building Code and Title 24 of the California Energy Code. 37)The applicant shall comply with the 2016 California Fire Code, as amended by the City of Downey. 38)The Applicant is required to install a deferred automatic fire sprinkler plan for Assembly Group A-2 with occupant load of 259 [CFC§ 903.2.1.2; DMC 3318]. 39)The Applicant is required to submit a deferred fire alarm plan for sprinkler monitoring [CFC § 907; DMC 3318]. 40)The Applicant must complete and submit a Change in Occupancy Use application for the tenant improvement of the adjacent space from retail occupancy use to that of assembly use. 41)The Applicant must submit a deferred plan for the commercial cooking hood/exhaust automatic fire extinguishing system [CFC § 904.2.2]. 42)The Applicant shall remove existing, non-functional exhaust hood and make all exhaust hoods compliant with current, adopted CA Mechanical Code requirements. 43)The Applicant shall provide Knox Key entry to the occupancy [CA Fire Code §506.1 ]. 44)The Applicant shall create a hazardous materials business plan (HMBP) for handling of compressed and/or refrigerated beverage system gases (e.g. Carbon dioxide, Nitrogen) exceeding 1000 cubic feet at STP (standard temperature pressure). 45)The Applicant shall ensure that the storage of commercial kitchen cooking oil adheres to current Fire Code Requirements [CFC§ 610]. END OF CONDITIONS PLN-17-00111 -8228 Firestone Blvd. December 6, 2017 -Page 7