HomeMy WebLinkAboutPC Reso 10-2652RESOLUTION NO. 10-2652
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
CONDITIONAL USE PERMIT NO. 10-12 ALLOWING AN EXISTING TYPE 41 ALCOHOL LICENSE
(ON SALE BEER & WINE, EATING PLACE) AT AN EXISTING RESTAURANT (MIMI'S CAFE) TO
CHANGE TO A TYPE 47 ALCOHOL LICENSE (ON SALE GENERAL, EATING PLACE) AT 8455
FIRESTONE 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. An application was filed by Mr. Michael J. Brewer (hereinafter "applicant") requesting
Conditional Use Permit No. 10-12 to change an existing type 41 alcohol license (On
sale beer & wine, eating place) at an existing restaurant (Mimi's Cafe), to a type 47
alcohol license (On sale general, eating place) located at 8455 Firestone Boulevard.
B. The property is zoned C-3 (Central Business District) (hereinafter "subject property")
(AIN:6254-021-023);
C. On July 9, 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 21, 2010 and, after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted this Resolution, approving Conditional Use Permit No.
10-12.
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 to change to a Type 47 (on
sale general, eating place) at an existing full-service restaurant (Mimi's Cafe) 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
commercial uses that exist and already service the immediate neighborhood. The
approval of this change will allow an additional convenience to patrons of the
restaurant since it will allow distilled spirits, in addition to the existing beer and
wine, to be served. In addition, no major incidents have been reported at the site
due to the existence of the existing alcohol license.
Resolution No. 10-2652
Downey Planning Commission
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 Conditional Use Permit will not adversely affect the
adjoining land uses since the proposed use conforms to its C-3 zone
development standards. In addition, the restaurant use is existing and does not
include any renovations at the subject site. The change in license will compliment
the existing restaurant and surrounding commercial uses, Embassy Suites in
particular, and will serve the public with a use not previously allowed at the site.
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 for the existing full-service restaurant, in a manner not detrimental to the
area since the proposed change does not include further expansion or
renovations of the existing 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 since the building and parking areas already exist.
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. 10-12, 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 21st day of July, 2010.
Robert Kiefer, Vice -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 21st day of July, 2010, by the
following vote, to wit:
AYES: COMMISSIONERS: Vasquez, Murray, Kiefer
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Lambros, Morales
Theresa Donahue, Secretary
City Planning Commission
CUP 10-12 - 8455 Firestone Boulevard
July 21, 2010 - Page 2
Resolution No. 10-2652
Downey Planning Commission
CONDITIONAL USE PERMIT NO. 10-12
EXHIBIT A — CONDITIONS OF APPROVAL
PLANNING
1) The approval of Conditional Use Permit No. 10-12, allows an existing type 41 alcohol
license (on sale beer & wine, eating place) at an existing restaurant (Mimi's Cafe) to
change to a type 47 alcohol license (on sale general, eating place) at 8455 Firestone
Boulevard, zoned C-3 (Central Business District). 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.
5) The parking lot shall be equipped with lighting of sufficient power to illuminate and make
easily discernable the appearance and conduct of all persons on or about the parking lot.
However, parking lot lighting shall be shielded, directed, and/or positioned as to not
illuminate adjoining properties or right-of-ways.
6) Within 30 -days of the adoption of this Resolution, the applicant shall submit a digital copy (in
.PDF format) of all the "stamped" approved plans for the project. The Digital copy shall be
submitted on a CD, which shall be labeled with the property address and planning project
number.
7) No live entertainment shall be permitted on the subject site.
8) The owner/applicant shall not permit any loitering on the subject site.
9) The applicant will only serve alcohol within the confines of the restaurant and
operate/maintain the licensed premises as a bona fide eating place.
a) The alcohol services rendered shall be incidental to the food service.
b) The restaurant must maintain suitable kitchen facilities and make actual and
substantial sales of meals for consumption on the premises.
C) Alcohol service is restricted to the hours of 7:00 am to 12:00 midnight, 7 days a
week.
CUP 10-12 - 8455 Firestone Boulevard
July 21, 2010 - Page 3
Resolution No. 10-2652
Downey Planning Commission
POLICE
10) The owner/applicant shall obtain any and all required Police Department permits for this
Conditional Use Permit.
11) 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.
12) The owner/applicant shall provide licensed and bonded, uniformed patrolmen or security
guards at such times as determined by, and in consultation with, 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.
13) 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).
14) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
15) 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.
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CUP 10-12 - 8455 Firestone Boulevard
July 21, 2010 - Page 4