HomeMy WebLinkAboutPC Reso 19-3093RESOLUTION NO. 19-3093
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -18-00188 (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
(MARISCOS YANDICRIS) LOCATED AT 10244 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 Stella Maris Capubilla (Mariscos Yandicris),
requesting approval of a Conditional Use Permit (PLN -18-00188), to allow an
existing restaurant to operate with an ABC Type 41 license, on the property
10244 Lakewood Boulevard, Downey, and zoned C-2 (General Commercial);
B. On May 23, 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;
C. The Planning Commission held a duly noticed public hearing on June 5, 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 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 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 for the new
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 sale of alcohol will complement the use of the restaurant.
Resolution No. 19-3093
Downey Planning Commission
B. The requested use does 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 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 36,727 square feet. The restaurant
will be 884 square feet and is situated in a commercial center along Lakewood
Boulevard. The site has operated with a similar food establishment use without
causing a detriment to the surrounding area. The new restaurant with the request
to serve alcohol and a minor expansion for storage will require one (1) additional
parking space which is provided on the subject site and still leaves a surplus of
parking to needs the needs of the center.
D The traffic generated by the proposed use does not impose an undue burden
upon the streets and highways in the area. The traffic generated by the restaurant
is not expected to significantly increase with the approval of the Conditional Use
Permit, as the business operated as a food establishment for seven years. The
added component of beer and wine sales is not expected to significantly generate
more traffic or impose an undue burden upon the streets and highways in the area
because it is required to be served as a compliment to the food menu. The alcohol
sales will not be permitted without sale of food and the food establishment will
continue to operate as part of the existing commercial center which has been
adequately served by surrounding streets and highways.
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 -18-00188, 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 -18-00188 — 10244 Lakewood Blvd
June 5, 2019 - Page 2
Resolution No. 19-3093
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of June 2019.
;`ateven Doming ue ; Cha man
City Planning_Ceffi—missron
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 5th day of June 2019,
by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens, Frometa, Spathopoulos, Duarte and Dominguez
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Mary C nagh, Secretary !
City P n ing Commission
PLN -18-00188 — 10244 Lakewood Blvd
June 5, 2019 - Page 3
Resolution No. 19-3093
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -18-00188 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of Conditional Use Permit (PLN -18-00188) 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. Exterior speakers
and televisions are prohibited in the outdoor dining area.
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 -18-00188 — 10244 Lakewood Blvd
June 5, 2019 - Page 4
Resolution No. 19-3093
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.
15) Must maintain Lakewood Boulevard, from the northernmost edge through the
southernmost edge of the adjacent tenant spaces, free and clear of trash and debris
during all hours of operation and up to two (2) hours after closure.
BUILDING
16) Any proposed on-site improvements shall comply with the 2014 California Building Code
and Title 24 of the California Energy Code.
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) 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.
19) The owner/applicant shall not permit any loitering on the subject site.
20) 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.
21) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
22) 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
23) The owner/applicant shall provide emergency lighting, exit signs, and 2A-1 OBC fire
extinguishers to the satisfaction of the Fire Department.
24) Approved occupant load signage shall be installed in accordance with CFC 2013 Section
1004.3.
PLN -18-00188 — 10244 Lakewood Blvd
June 5, 2019 - Page 5
Resolution No. 19-3093
Downey Planning Commission
25) Installation of approved Fire Department premises (address) identification (if not already
in place and meeting current code) [CA Fire Code 505].
26) Installation of approved Fire Department access — Knox Box [CA Fire Code 506].
27) Additional required fire code requirements may be required at time of plan review and/or
field inspection.
PUBLIC WORKS
28) Ensure that all permits and approvals are obtained.
END OF CONDITIONS
PLN -18-00188 — 10244 Lakewood Blvd
June 5, 2019 - Page 6