Loading...
HomeMy WebLinkAboutPC Reso 18-3074 RESOLUTION NO. 18-3074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT (PLN-18-00104), THEREBY ALLOWING AN EXISTING RESTAURANT (QUICK TIME PIZZA) TO OPERATE WITH A TYPE 41 (ON SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 8310 STEWART & GRAY ROAD AND ZONED C -1 (NEIGHBORHOOD 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. On June 29, 2018, an application was filed by Jose Rebaza (Quick Time Pizza), requesting approval of a Conditional Use Permit (PLN-18-00104), to allow an existing full service restaurant to operate under an ABC Type 41 license, on the property located at 8310 Stewart & Gray Road, Downey, and zoned C -1 (Neighborhood Commercial); and, B. Staff deemed the application incomplete on August 16, 2018. The Applicant submitted the requested materials on September 5, 2018. Staff deemed the application complete on October 1, 2018; and, C. On October 4, 2018, 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, D. The Planning Commission held a duly noticed public hearing on October 17, 2018 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 project will not adversely affect the intent and purpose of the Downey Municipal Code or the City’s General Plan. Furthermore, the project should not provide a nuisance related to public convenience or general welfare to any nearby persons. Rather, the project aims to diversify the amount of goods and services available to nearby residents and patrons of city businesses. The following policies are promoted by the proposed CUP: Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods and services Resolution No. 18-3074 Downey Planning Commission PLN-18-00104 – 8310 Stewart & Gray Rd. October 17, 2018 - Page 2 The CUP promotes the above policy by introducing a new component that aims to complement the existing restaurant that it will serve. This will not only continue to provide, but will also expand, the type and amount of goods and services available to the nearby community and general public. 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 sale of beer and wine is intended to complement the existing use (full service restaurant). The proposed use is common within commercial areas and in close proximity to residential areas. Staff views the use as a common practice among restaurants, and does not anticipate adverse impacts as a result of approval. This is spec ifically because the main use of the site will remain the same. Therefore, the request will not adversely affect the nearby residential areas or adjacent commercial businesses, nor will it hinder the area’s potential for future growth and development. 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 request for the proposed scope of work does not include changes to the buildings squ are footage, and the ancillary sale of beer and wine does not warrant a need for additional accommodations to the site. The proposed work does not create alterations that would restrict future permitted uses from occupying the site or an existing use locat ed within the nearby area from altering their operations. In addition, the project is in full compliance with the Downey Municipal Code. Therefore, the size and shape of the site proposed for the use is adequate to allow the full development of the propose d use in a manner not detrimental to the particular 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 addition of alcohol sales in conjunction with the ongoing operation of an existing full service restaurant is not anticipated to generate additional traffic. The proposed alcohol sales will serve as an ancillary component to the existing business. Therefore, the existing transportation infrastructure that provides access to and from the project site will remain adequate in supporting the type and quantity of traffic generated by the existing use. 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-18-00104, 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 . SECTION 5. The Secretary shall certify the adoption of this Resolution. (Signatures on next page) Resolution No. 18-3074 Downey Planning Commission PLN-18-00104 – 8310 Stewart & Gray Rd. October 17, 2018 - Page 3 PASSED, APPROVED AND ADOPTED this 17th day of October 2018. Originally signed by Patrick Owens Patrick Owens, 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 17th day of October, 2018 , by the following vote, to wit: AYES: COMMISSIONERS: Duarte, Frometa, Dominguez and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Flores ABSTAIN: COMMISSIONERS: None Originally signed by Mary Cavanagh Mary Cavanagh, Secretary City Planning Commission Resolution No. 18-3074 Downey Planning Commission PLN-18-00104 – 8310 Stewart & Gray Rd. October 17, 2018 - Page 4 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (PLN-18-00104) PLANNING 1) The approval of Conditional Use Permit (PLN-18-00104) allows an existing restaurant (Quick Time Pizza) to operate with a Type 41 (On Sale Beer and Wine – Eating Place) ABC license for On-site and Off-site consumption, on property located at 8310 Stewart and Gray Road. 2) Approval of this Conditional Use Permit shall not be c onstrued 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, Ci ty 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 chal lenge 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 proceed ing. 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) Prior to November 1, 2018 the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 7) The permitted hours of operation shall be from 10:00 a.m. to 1 0:00 p.m. Monday – Thursday, and 10:00 a.m. to 1:00 a.m . Friday – Sunday. 8) Customers shall not be within the business after the specified closing time. 9) There shall be no live entertainment within the business at any time. 10) The sale of alcohol shall be incidental to the sale of food. Resolution No. 18-3074 Downey Planning Commission PLN-18-00104 – 8310 Stewart & Gray Rd. October 17, 2018 - Page 5 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. 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) The rear door shall only be accessible to employees (unless required for an emergency), and must remain shut when not in use. 15) All signs shall comply with the requirements set for th in the Downey Municipal Code and shall require separate permits. 16) All alcohol consumed on-site shall only be consumed within the approved dining area. 17) Alcohol sold for off-site consumption, whether through takeout or delivery, can only be sold as a package of 6 individually sealed containers of beer (not to exceed 12 fl. oz. per container) or one individually sealed bottle of wine (not to exceed 750 mL). 18) Alcohol sales made via delivery can only be sold and surrendered to individuals over the age of 21 (as would be if sold for dine in or take out). It shall be the responsibility of the employee delivering the order to verify the age of the individuals purchasing and receiving delivery. BUILDING 19) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 20) Prior to the commencement of any construction, the applicant shall obtain all required permits. Once permits are issued, the applicant shall obtain all necessary inspections and permit final prior to occupancy of the business. POLICE 21) Prior to selling alcoholic beverages , the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 22) The business owner shall consent to and provide access to all areas of the subject premises without charge during normal business hours to any Police Department or City Official for purposes of verifying compliance with any of the Conditions of Approval of this approval, as well as with any Police Permit and approved Security Plan. 23) 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. Resolution No. 18-3074 Downey Planning Commission PLN-18-00104 – 8310 Stewart & Gray Rd. October 17, 2018 - Page 6 24) The owner/applicant shall not permit any loitering in front of the business. 25) A copy of this conditional use permit and any Police permit shall be prominently posted on the premises at all times. The applicant s hall 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. 26) The Licensee shall be responsible for monitoring the business to prevent anyone under the age of 21 from purchasing or consuming alcohol. 27) 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. 28) The restaurant shall not charge patrons a cover charge at any time. 29) Upon the determination by the Chief of Police that the operation of the business requires on-site security, the applicant shall submit and obtain approval of a security plan to the Chief of Police. The number of security guards shall be determined by the Chief of Police and may be increased or decreased as the Chief of Police determines is necessary. The initial security plan shall be submitted to the Police Department within fourteen (14) days of being requested. Should the Police Department request any additional information or modifications, the business owner/permittee shall submit said revisions within forty-eight (48) hours of notification. FIRE 30) Obtain all necessary permits prior to the commencement of any construction. 31) Provide the City of Downey Fire Department with a floor plan, schedule and specifications of all equipment. PUBLIC WORKS 32) The owner/applicant shall obtain all necessary plan approvals and permits 33) If any hazardous material is encountered on the site that has the potential to reach the ground water supply, the owner/applicant shall secure a permit for the State Regional Water Quality Control Board 34) The owner/applicant must comply with all applicable Federal, State and local rules and regulations, American Disabilities Act (ADA), including compliance with South Coast Air Quality Management District (SCAQMD) regulations. END OF CONDITIONS