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HomeMy WebLinkAboutPC Reso 10-2635RESOLUTION NO. 10-2635 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY GRANTING A SIX (6) MONTH REVIEW FOR THE OPERATION AND COMPLIANCE WITH THE CONDITIONS OF APPROVAL FOR AN EXISTING RESTAURANT (DOWNEY BREWING COMPANY) WITH ALCOHOL SALES (TYPE 75, ON -SALE GENERAL, BREWPUB) AND LIVE ENTERTAINMENT AT 10924 PARAMOUNT BOULEVARD, 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 (T4fpe 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 Paramount Blvd, zoned C-3 (Central Business District) (hereinafter "subject property") (AIN 6251-038-013); E. On January 20, 2010, the Planning Commission adopted Resolution No. 10-2624 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. The resolution stated to return back to Planning Commission for a six (6) month review on April 21, 2010. F. On April 9, 2010, notice of the pending application was mailed to all property owners within 500' of the subject site and published in the Long Beach Press -Telegram. G. The Planning Commission held a duly noticed public hearing on April 21, 2010, and after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, hereby adopted this Resolution, granting a final six (6) month extension, 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 Resolution No. 10-2635 Downey Planning Commission 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. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the Planning Commission of the City of Downey hereby approves Conditional Use Permit No. 08-29, 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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21 St day of s Morals, Chairman Plannma 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 21St day of April, 2010, by the following vote, to wit: AYES: COMMISSIONERS: Murray, Kiefer, Vasquez, Lambros, Morales NOES: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission CUP 08-29-10924 Paramount Blvd April 21, 2010 - Page 2 Resolution No. 10-2635 Downey Planning Commission CONDITIONAL USE PERMIT NO. 08-29 EXHIBIT A - CONDITIONS PLANNING 1) Unless modified herein, all conditions of approval set forth in Resolution 09-2596 and 10- 2624 shall remain in force and in full effect. 2) Conditions of Approval Nos. 4, 22, 23, 25, and 42 of Resolution No. 09-2596 for Conditional Use Permit No. 08-29, Revision A, are hereby extended and shall be competed prior to October 20, 2010. If the conditions are not satisfied, then the Planning Department shall commence a revocation process for Conditional Use Permit No. 08-29. 3) Staff will return to Planning Commission on October 20, 2010 for a final six (6) month review. H:\PLANNING\RESOS\PC\2010\10-2635.doc CUP 08-29-10924 Paramount Blvd April 21, 2010 - Page 3