HomeMy WebLinkAboutPC Reso 19-3083RESOLUTION NO. 19-3083
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT (PLN -19-00007), THEREBY ALLOWING AN
EXISTING RESTAURANT (BERTO'S MEXICAN RESTAURANT) TO OPERATE WITH A
TYPE 41 (ON SALE BEER AND WINE — EATING PLACE) ALCOHOLIC BEVERAGE
CONTROL LICENSE LOCATED AT 11949 PARAMOUNT BOULEVARD 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 January 16, 2019, an application was filed by Jakleen Charitan (Berto's
Mexican Restaurant), requesting approval of a Conditional Use Permit (PLN -19-
00007), to allow a full service restaurant to operate under an ABC Type 41
license, on the property located at 11949 Paramount Boulevard, Downey, and
zoned C-1 (Neighborhood Commercial); and,
B. Staff deemed the application complete on February 11, 2019; and,
C. On February 21, 2019, 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 March 6, 2019
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 hearing, the Planning Commission further finds, determines and declares that:
A. 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. It is staff's opinion that 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
The CUP promotes the above policy by introducing a new component that aims to
complement the 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
Resolution No. 19-3083
Downey Planning Commission
community and general public. The restaurant and proposed use will also primarily serve
and help draw the nearby neighborhood as it is a neighborhood restaurant within the C-1
(neighborhood commercial) zone. This ultimately contributes to the intent and purpose of
the zone.
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 full service restaurant. The proposed use is
common within commercial areas and in close proximity to residential areas. This is
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 (a full service restaurant). The proposed use is also one that was previously
offered at the same location, under a previously active ABC license for the previous
owners. There is no indication of a negative impact to surrounding land uses during that
period. 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. 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 building's
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 prevent 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 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
business. Therefore, the existing transportation infrastructure that provides access to and
from the project site will remain adequate in supporting the traffic generated by the existing
uses.
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 the Conditional Use Permit (PLN -
19 -00007), 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)
PLN -19-00007 — 11949 Paramount Blvd.
March 6, 2019 - Page 2
Resolution No. 19-3083
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this 6th day of March 2019.
en Domingu
Planning' Co
1—
an
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 6th day of March
2019, by the following vote, to wit:
AYES:
COMMISSIONERS: Owens,
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: None
ABSTAIN:
COMMISSIONERS: None
Frometa, Spathopoulos, Duarte and Dominguez
Mary Ca nagh, Secretary
City Planning Commission
PLN -19-00007 — 11949 Paramount Blvd.
March 6, 2019 - Page 3
Resolution No. 19-3083
Downey Planning Commission
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN -19-00007)
PLANNING
1) The approval of Conditional Use Permit (PLN -19-00007) allows the restaurant "Berto's
Mexican Restaurant" to operate with a Type 41 (On Sale Beer and Wine — Eating Place)
ABC license for on-site consumption, on property located at 11949 Paramount
Boulevard.
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 March 20, 2019 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 11:00 a.m. to 9:00 p.m. Sunday —
Thursday, and 11:00 a.m. to 10:00 p.m. Friday — Saturday.
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. The service/sale of
prepackaged foods, salads, or sandwiches is not considered to be in compliance with
this condition.
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Resolution No. 19-3083
Downey Planning Commission
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) All rear (west) doors shall only be used for employee ingress and egress (unless required
for an emergency), and must remain closed at all other times.
15) All signs shall comply with the requirements set forth 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) The sale of alcohol for off-site consumption is strictly prohibited.
18) Signs must be posted in parking lot notifying patrons to remain courteous of nearby
residential properties.
BUILDING
19) If new construction is proposed it 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 entry/exit ways and shall also include verbiage prohibiting the
possession and consumption of alcohol outside the premises.
24) The owner/applicant shall not permit any loitering in front of the business.
PLN -19-00007 — 11949 Paramount Blvd
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Resolution No. 19-3083
Downey Planning Commission
25) 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.
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) If new construction is proposed, the applicant is responsible for obtaining all necessary
permits prior to the commencement of construction.
31) Provide the City of Downey Fire Department with a floor plan, schedule and
specifications of all equipment.
32) If not already provided, install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code
§506.1 ].
33) Existing cooking hood/exhaust system automatic fire extinguishing system shall be UL
300 complainant; and have the required semi-annual inspection and testing [CA Fire
Code § 904.2.2; §904.5; §904.12; §609].
34) Type I commercial kitchen hood inspection frequency and cleaning shall be at intervals
set forth in Table 609.3.3.1 — upon request occupancy shall furnish reports indicating
kitchen hood is being cleaned at required intervals to reduce risk of fire [CA Fire Code
§609.3].
35) Premises shall be appropriately addressed. An approved address identification shall be
provided that is legible and placed in a position that is visible from the street/road. Sizing
shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code
§505.1 ].
36) Provide occupancy load sign to the occupancy [CA Fire Code §1004].
37) Egress shall be designed to meet requirements of CA Building Code and Chapter 10 of
the CA Fire Code for occupant load, number of egresses, egress sizing, etc.
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Resolution No. 19-3083
Downey Planning Commission
38) The establishment shall comply with all current code requirements for the occupancy use
and type.
PUBLIC WORKS
39) If new construction is proposed, the applicant is responsible for obtaining all necessary
plan approvals and permits.
40) 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.
41) 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
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