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Home My WebLink AboutPC Reso 10-2648RESOLUTION NO. 10-2648 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 10-30 ALLOWING A TYPE 41 (ON SALE BEER & WINE, EATING PLACE) ALCOHOL LICENSE AT AN EXISTING FULL-SERVICE RESTAURANT (BOB'S BIG BOY) LOCATED AT 7447 FIRESTONE BOULEVARD, 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 Mr. Jim Louder (hereinafter "applicant") requesting Conditional Use Permit No. 10-30 allowing a Type 41 (on sale beer & wine, eating place) alcohol license at an existing full-service restaurant (Bob's Big Boy) located at 7447 Firestone Boulevard. B. The property is zoned C-2 General Commercial) (hereinafter "subject property") (AIN: 6249-030-004); C. On June 25, 2010, notice of the pending 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; and D. The Planning Commission held a duly noticed public hearing on July 7, 2010 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 10-2648, approving Conditional Use Permit No. 10-30. 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: 1. That the requested conditional use permit will not adversely affect the purpose and intent of this chapter 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 to allow a Type 41 (on sale beer & wine, eating place) alcohol license at an existing full-service restaurant (Bob's Big Boy) will not adversely affect the purpose and intent of this chapter or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood because the site, and adjacent properties, are currently zoned C-2 (General Commercial) and all the commercial uses in the area already exist and service the immediate neighborhood. 2. 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 proposed modification to the existing CUP will not adversely affect the adjoining land uses since the proposed use conforms to its C-2 zone Resolution -No. 10 2648 Downey Planning Commission development standards. In addition, the restaurant use is existing at the subject site and surrounding properties are currently developed with general commercial uses. 3. 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 subject property is adequate to allow the further development of an existing full-service restaurant, in a manner not detrimental to the area because said use does not include further expansion of the building. 4. 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 because Firestone Boulevard is designated as a major arterial by the City's General Plan. Firestone is able to absorb any additional traffic this request may create, although staff does not foresee a significant traffic increase. 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. 10-30, 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. This Conditional Use Permit shall become null and void unless use has commenced within one year of this approval and pursued diligently to completion or a one-year extension of time granted by the Downey Planning Commission, pursuant to Section} 9824 of the Downey Municipal Code. SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of July, i010--7 Louis Mor es, Chairman City Plan ing 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 7th day of July, 2010, by the following vote, to wit: AYES: COMMISSIONERS: Kiefer, Lambros, Murray, Vasquez, Morales NOES: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission CUP 10-30 - 7447 Firestone Boulevard July 7, 2010 - Page 2 Resolution No. 10-2648 Downey Planning Commission CONDITIONAL USE PERMIT NO. 10-30 EXHIBIT A — CONDITIONS OF APPROVAL PLANNING 1) The approval of Conditional Use Permit No. 10-30, allows for a Type 41 (on sale beer & wine, eating place) alcohol license at an existing full-service restaurant (Bob's Big Boy) located at 7447 Firestone Boulevard, zoned C-2 (General Commercial). There are to be no interior or exterior modifications made to the existing building or site as a result of the approval of this conditional use permit. 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) 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. Should any noise complaints be formally submitted to the Police Department/ Code Enforcement, the applicant/owner shall be responsible to hire a noise consultant to measure the dBA during a live entertainment use, and provide the evidence to the City Planner. 5) The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the -parking lot. 6) The owner/applicant shall be responsible for ensuring the subject property is free of litter and graffiti. Should graffiti be applied, the applicant shall remove the graffiti within 24 hours. 7) The owner/applicant shall not permit any loitering on the property. 8) Zone Exception 75-1212 is null and voided with the approval of this conditional use permit. 9) The applicant will only serve alcohol within the confines of the restaurant, as such, no alcohol will be served at the existing drive-thru or car -hop at any time. POLICE 15) The owner/applicant shall obtain any and all required Police Department permits for this conditional use permit. 16) 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. CUP 10-30 - 7447 Firestone Boulevard July 7, 2010 - Page 3 Resolution No. 10-2648 lubm— -y-Planning-Commission 17) The owner/applicant shall provide licensed and bonded, uniformed patrolmen or security guards at such times as determined by 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. 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). 19) Payment for beverage services shall be made only after such services have been provided to the patrons by the business. 20) 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. H:\PLANNING\RESOS\PC\2010\10-2648.doc CUP 10-30 - 7447 Firestone Boulevard July 7, 2010 - Page 4