Loading...
HomeMy WebLinkAboutPC Reso 10-2624RESOLUTION NO. 10-2624 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 08-29, REVISION B, THEREBY MODIFYING THE CONDITIONS OF APPROVAL TO ALLOW FOR AN ADDITIONAL 90 -DAYS TO COMPLY WITH CERTAIN CONDITIONS OF APPROVAL FOR AN EXISTING RESTAURANT (DOWNEY BREWING COMPANY) THAT IS OPERATING WITH AN ABC TYPE 75 (ON -SALE GENERAL, BREW PUB) LICENSE AND LIVE ENTERTAINMENT AT 10924 PARAMOUNT BLVD, ZONED C-3 (CENTRAL BUSINESS DISTRICT). 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 April 3, 2002, the Planning Commission approved Conditional Use Permit No. 02-09, to allow the sale of alcoholic beverages within an existing restaurant (Type 41) at 10924 Paramount Boulevard; and, B. On April 16, 2008, the Planning Commission approved Conditional Use Permit No. 08-29, to allow the live entertainment and karaoke at an existing restaurant at 10924 Paramount Boulevard; and, C. On September 2, 2009, the Planning Commission approved Conditional Use Permit No. 08-29, Revision A, to modify Condition No. 4 and Condition No. 7 of the Conditions of Approval of the live entertainment permit, and to upgrade their alcohol sales from a Type 41 (beer and wine) to a Type 75 (on sale general, brewpub) within the existing restaurant (Downey Brewing Company) on property at 10924 Paramount Blvd; and, D. An application was filed by Walter Vazquez, (hereinafter "Applicant") requesting Conditional Use Permit No. 08-29, Revision B, to grant an additional 90 -day extension to complete the Conditions of Approval set forth through Resolution No. 09-2596 for the existing restaurant (Downey Brewing Company) on property at 10924_P-ar_amount-Blvd,zoned C-3 (Central -Business District) �hereinafter_"subject property") (AIN 6251-038-013); E. On January 8, 2010, notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in the Long Beach Press Telegram on January 8, 2010; and F. The Planning Commission held a duly noticed public hearing on January 20, 2010, and after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, hereby adopted this Resolution, approving Conditional Use Permit No. 08-29, Revision B subject to the Conditions of Approval (Exhibit A). 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). Resolution No. 10-2624 Downey _Planning _Commission 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 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. Conditional Use Permit No. 08-29, Revision B, seeks to revise the conditions set forth for CUP - 08 -29, Revision A to grant ninety (90) additional days to complete the required work. The time extension to complete the Conditions of Approval will not adversely affect the purpose and intent of neither the Zoning Code nor the General Plan. 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 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 subject restaurant is existing and prior approvals for alcohol sales and live entertainment have been issued at this location. Furthermore, the conditions of approval set forth have mitigated the potential noise impacts such that the business will not be a burden onto others. 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 size and shape of the site are adequate to allow the proposed use to continue, because the subject property has been ufilized as a iuil service restaurant for more than thirty years, with sufficient off-street parking in place. In addition, the square footage of the building is not being expanded. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Paramount Boulevard serves the project site and it is classified as a Primary Arterial -Highway on the.City's_Master Plan of. Streets and Highways. The volume -of traffic that the restaurant is estimated to generate will not burden the highway. The subject property has been in operation since 1984 and its traffic volumes have not adversely impacted Paramount Blvd and Third Street. Paramount Blvd contains two lanes in each direction, which run directly across Third Street. It would be able to absorb any additional traffic the requested use may create. 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 Conditional Use Permit No. 08-29, Revision B, subject to 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. CUP 08-29, Revision B —10924 Paramount Blvd January 20, 2010 - Page 2 Resolution No. 10-2624 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of January, 2010. Terry Lambros, 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 20th day of January, 2010, by the following vote, to wit: AYES: COMMISSIONERS: Morales, Kiefer, Vasquez, Murray, Lambros NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission CUP 08-29, Revision B —10924 Paramount Blvd January 20, 2010 - Page 3 Resolution No. 10-2624 Downey Pisnning Commission CONDITIONAL USE PERMIT NO. 08-29, REVISION B EXHIBIT A - CONDITIONS PLANNING 1) Unless modified herein, all conditions of approval set forth in Resolution 09-2596 shall remain in force and in full effect. 2) Conditions of Approval Nos. 4, 22, 23, 25, 38 and 42 of Resolution No. 09-2596 for Conditional Use Permit No. 08-29, Revision A, are hereby extended for an additional 90 days from the date that this Resolution is adopted. HAPLANN I NG\RESOS\PC12010\10-2624.doc CUP 08-29, Revision B —10924 Paramount Blvd January 20, 2010 - Page 4