HomeMy WebLinkAboutPC Reso 10-2646RESOLUTION NO. 10-2646
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION
AND APPROVE CODE AMENDMENT NO. 06-120, REV 'C', A REQUEST TO AMEND
SECTIONS 9314.06(B)(2) AND 9814.04(H) OF THE DOWNEY MUNICIPAL CODE TO
ALLOW OUTDOOR DINING AREAS TO BE APPROVED WITH A MINOR
CONDITIONAL USE PERMIT.
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 October 28, 2008, the City Council adopted Ordinance No. 08-1236, thereby
approving Code Amendment No. 06-120, a comprehensive update to the Zoning Code
(Chapters 1 through 8 of Article IX of the Municipal Code); and,
B. On April 10, 2010, the Planning Commission initiated Revision 'C' to Code Amendment
No. 06-120, thereby allowing staff to analyze the process in which the City reviews
outdoor dining areas; and,
C. On May 26, 2010, notice of the pending code amendment was advertised as a 1/8'h
page ad in the Long Beach Press Telegram; and,
D. On June 16, 2010, the Planning Commission conducted a duly noticed public hearing
and after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, the Planning Commission adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares that
pursuant to the California Environmental Quality Act (CEQA), an Initial Study of Environmental
Impacts was prepared. Based on the analysis contained within the Initial Study, the Planning
Commission finds that adoption of the proposed Code Amendment will not result in a significant
impact to the surrounding area. Therefore, the Planning Commission recommends that the City
Council adopt a Negative Declaration.
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 amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and general
welfare. The proposed code amendment will serve to encourage the establishment of
outdoor dining areas at restaurants. This will allow the development of new restaurants
in the City and that will drive high quality development. Furthermore, having outdoor
eating areas will encourage the community to eat outdoors in the fresh air, thereby
promoting the public health. This amendment will allow a harmonious development of
the community, while protecting in the public health, safety, and general welfare.
B. The proposed amendment is in general conformance with the General Plan. General
Plan Policy 9.1.1 states, "Develop Programs to attract and retain businesses." The code
amendment will allow the City to attract more quality restaurants to the city. Further, this
change will allow the existing restaurants to provide a service to their patrons and thereby
having a higher likelihood of succeeding, thus retaining the business in the city.
Resolution No. 10-2646
--Downey Planning -Commission
SECTION 4. The Planning Commission recommends that the City Council amend
Article IX, Chapter 3, Section 9314.06(b)(2) 9122, to read as follows (new text bolded and
underlined and deleted text tr6kethre gh :
Outdoor Dining. Notwithstanding the provisions of Section 9314.06(B)(1), restaurants,
cafes, coffee establishments, and other eating establishments may have an outdoor
eating/dining area, subject to approval of aSi#e I�la��ew by -tie Oemm°pion Minor
Conditional Use Permit by the City Planner. Outdoor eating areas shall be enclosed
by a solid decorative masonry wall or decorative ornamental wrought iron fence not less
than forty-two (42) inches in height that does not impede pedestrian movement, ADA
access, or access to adjacent properties (Figure 9.3.4). No chain-link fences are
allowed.
SECTION 5. The Planning Commission recommends that the City Council amend
Article IX, Chapter 8, Section 9814.04(h), to read as follows (new text bolded and underlined
and deleted text strikethmugI4):
Minor Conditional Use Permit. Minor Conditional Use Permits are for large family day
care homes in the residential zones and for outdoor dining areas in the commercial
zones
SECTION 6. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends the City
Council adopt the Negative Declaration and approve Code Amendment No. 06-120, Rev 'C',
including all recommended modifications to Article IX of the Downey Municipal Code listed
herein.
SECTION 7. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 161h day of June, 2009
� s }
Robert Kiefer,ViceJChairman
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 16'h day of June,
2010 by the following vote, to wit:
AYES: COMMISSIONERS. Murray, Lambros, Kiefer
NOES: COMMISSIONERS: None
ABSENT. COMMISSIONERS: Vasquez, Morales
Theresa Donahue, Secretary
City Planning Commission
Code Amendment No. 06-120, Rev 'C'
June 16, 2010 - Page 2