HomeMy WebLinkAboutPC Reso 18-3076RESOLUTION NO. 18-3076
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -18-00143 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
AN EXISTING RESTAURANT (R&J SOUTHERN HOMECOOKING RESTAURANT) TO
OPERATE WITH A TYPE 41 (ON SALE BEER AND WINE — EATING PLACE)
ALCOHOLIC BEVERAGE CONTROL LICENSE WITH AND ADD AN OUTDOOR DINING
AREA, LOCATED AT 8852 ROSECRANS AVENUE, 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 Ja Young Cho Yun, (hereinafter referred to as "the
Applicant) on September 27, 2018, requesting approval of a Conditional Use
Permit (PLN -18-00143) to operate with a Type 41 (On Sale Beer and Wine —
Eating Place) ABC license at an existing restaurant (R&J Southern Homecooking
Restaurant), and legalize an outdoor dining area, located at 8852 Rosecrans
Avenue, and zoned C-2 (General Commercial); and,
B. Staff deemed the application complete on August 27, 2018; and,
C. On October 25, 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 November 7,
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),
because the proposed Type 41 license for the sale of alcoholic beverages will not expand the
existing use at the site.
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
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 beer and wine and outdoor seating area in conjunction with a
restaurant will not adversely affect the purpose and intent of the Downey Municipal Code.
The subject property is located 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
Resolution No. 18-3076
Downey Planning Commission
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, and is in compliance
with General Plan, Policy 1.1.1, which seeks to maintain a balance of land uses. The
added sales of alcohol will complement the use of the restaurant.
B. 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. Staff views the use as a common
practice among restaurants, and does not anticipate adverse impacts as a result of
approval. This is specifically because the main use of the site will remain the same.
Therefore, the request will not adversely affect the adjacent commercial businesses, nor
will it hinder the area's potential for future growth and development.
C. 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 square
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 located 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 proposed use in a manner not
detrimental to the particular area.
D. 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 and the legalization of the
outdoor dining area 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 this Conditional Use Permit (PLN -
18 -00143), subject to the Conditions of Approval, attached hereto as Exhibit A, 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.
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November 7, 2018 — Page 2
Resolution No. 18-3076
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of November 2018.
, A,(J;, - 7 , 4, !,
Miguel UYUarte, Commissioner
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 7th day of November,
2018, by the following vote, to wit:
AYES:
COMMISSIONERS: Flores, Duarte and Frometa
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: Owens and Dominguez
ABSTAIN:
COMMISSIONERS: None
Mary Cav agh, Secretary
City Planning Commission
CONDITIONS OF APPROVAL
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Resolution No. 18-3076
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -18-00143)
PLANNING
1) The approval of Conditional Use Permit (PLN -18-00143) allows an existing restaurant
(R&J Southern Homecooking Restaurant) to operate with a Type 41 (On Sale Beer and
Wine — Eating Place) ABC license, and outdoor dining area, on property located at 8852
Rosecrans Avenue.
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) Prior to November 22, 2018, the applicant and the property owner shall sign an affidavit
of Acceptance of Conditions, as provided by the City of Downey.
7) The applicant or his/her designee, shall obtain a building permit from the Building
Department for the outdoor dining area fencing, not to exceed three feet in height and
removal of the existing gate.
8) The permitted hours of operation shall be from 6:00 a.m. to 11:00 p.m., seven (7) days a
week.
9) Customers shall not be within the business after the specified closing time.
10) There shall be no live entertainment within the business at any time.
11) Alcoholic beverages shall not be sold for off-site consumption. Signage shall be posted
to notify patrons that the sale of alcohol is prohibited via the drive-thru. The size,
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Resolution No. 18-3076
Downey Planning Commission
number, and wording of the signs shall be approved by the City Planner prior to
occupancy of the business.
12) The sale of alcohol shall be incidental to the sale of food.
13) 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
sale of food exceeds the gross sale of alcohol.
14) 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.
15) 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.
16) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
POLICE
17) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
18) 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.
19) 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 also include verbiage prohibiting the possession and consumption of alcohol
outside the premises.
20) Signage on fence shall include "No alcohol beyond this point".
21) The owner/applicant shall not permit any loitering in front of the business.
22) A copy of this Resolution 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.
23) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
24) 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.
25) The restaurant shall not charge patrons a cover charge at any time.
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Resolution No. 18-3076
Downey Planning Commission
26) 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.
END OF CONDITIONS
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