HomeMy WebLinkAboutPC Reso 11-2712RESOLUTION NO. 11-2712
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -11-00103 (CONDITIONAL USE PERMIT), ALLOWING AN
EXPANSION OF A TYPE 41 (OFF -SALE, BEER AND WINE, EATING PLACE) ABC
LICENSE, TO INCLUDE THE PATIO AREA (1,300 SQ. FT.) OF THE MARKETPLACE
GRILL AND CAFE LOCATED AT 7877 FLORENCE AVENUE, ZONED C-2 (GENERAL
COMMERCIAL) AND P -B (PARKING BUFFER).
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. George Efstathiou (hereinafter "applicant")
requesting PLN 11-00103 (Conditional Use Permit), requesting an expansion of a
Type 41 (Off -Sale, Beer and Wine, Eating Place) ABC license to include the patio
area (1,300 sq. ft.) of the Marketplace Grill and Cafe located at 7877 Florence
Avenue (hereinafter "subject property");
B. The property is zoned C-2 & P -B (General Commercial and Parking Buffer) (AIN:
6360-012-009);
C. On May 5, 2011, 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 May 18, 2011 and,
after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted this resolution, approving PLN 11-00103
(Conditional Use Permit).
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 an expansion of an existing Type 41 (On Sale Beer & Wine,
Eating Place) alcohol license at a new restaurant (The Marketplace Grill & 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 developed as commercial uses and service
the immediate neighborhood already. The approval of this conditional use permit will provide
an additional convenience to patrons of the restaurant since it will allow for the sale of beer
and wine in conjunction with the sale of meals.
Resolution No. 11-2712
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
restaurant conforms to the C-2 zone development standards. The expansion of the alcohol
license to allow the serving of alcohol within the patio area will compliment the dining
experience at the proposed restaurant. Staff has proposed conditions of approval to enclose
the patio area, to protect it from the drive-thru lane and to minimize improper or illegal
contact with pedestrians.
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 new restaurant in a
manner not detrimental to the area since the proposed change does not include further
expansion of the proposed 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 Florence
Avenue is designated as a major arterial by the City's General Plan. Florence is able to
absorb any additional traffic this request 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 PLN 11-00103 (Conditional Use
Permit), 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 18th day of May, 2011.
Robert Kiefer, Chairman
City Planning Commission
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 18th day of
May, 2011, by the following vote, to wit:
AYES: COMMISSIONERS: Morales, Murray, Garcia, Kiefer
NOES: COMMISSIONER: None
ABSENT: COMMISSIONER: Lujan
4, IA -61149 Djjq:�
Theresa Donahue, Secretary
City Planning Commission
PLN 11-00103 (CUP)- 7877 Florence Avenue
May 18, 2011 - Page 2
Resolution No. 11-2712
Downey Planning Commission
PLN 11-00103 (CONDITIONAL USE PERMIT)
EXHIBIT A — CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN 11-00103 (Conditional Use Permit), allows expansion of an existing
Type 41 (Off -Sale, Beer and Wine, Eating Place) ABC license, to include the patio area
(1,300 sq. ft.) of the Marketplace Grill and Cafe located at 7877 Florence Avenue zoned
C-2 (General Commercial) and P -B (Parking Buffer). This expansion thus allows for the
serving of alcohol within the restaurant and exterior patio area.
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 applicant shall construct and maintain a decorative masonry wall or decorative
ornamental wrought iron fence not less than forty-two inches in height, per Downey
Municipal Code Section 9314.06 (b) (2) and 9534.16 to enclose the outdoor patio/dining
area.
4) The conditions of Resolution No. 10-2655 approving PLN -10-08045 (Conditional Use
Permit) shall apply to this modification and shall remain in full effect.
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PLN 11-00103 (CUP)- 7877 Florence Avenue
May 18, 2011 - Page 3