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Home My WebLink AboutPC Reso 11-2719RESOLUTION NO. 11-2719 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -11-00091 (CONDITIONAL USE PERMIT), ALLOWING A TYPE 47 (ON -SALE GENERAL, EATING PLACE) ALCOHOL LICENSE AT A NEW RESTAURANT (FORMERLY SALVATORE'S) LOCATED 12056 PARAMOUNT BOULEVARD, ZONED C-1 (NEIGHBORHOOD 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. Chad Dohrman (hereinafter "applicant") requesting Planning Commission approval of PLN -11-00091 (Conditional Use Permit), to allow for a Type 47 (On -Sale General, Eating Place) alcohol license at a new restaurant (formerly Salvatore's) located 12056 Paramount Boulevard, and zoned C-1 (Neighborhood Commercial); B. On June 3, 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 Downey Patriot; and C. The Planning Commission held a duly noticed public hearing on June 15, 2011 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 11-2719, approving PLN -11-00091. 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 47 (On -Sale General, Eating Place) alcohol license at the new restaurant (formerly Salvatore's) 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 is developed as commercial use 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. 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 generally conforms to its C-1 zone Resolution No. 11-2719 Downey Planning Commission development standards. The alcohol license will compliment the proposed restaurant and surrounding commercial uses and will serve the public with a use that 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 generally 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 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 Paramount Boulevard is designated as a major arterial by the City's General Plan. Paramount Boulevard 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 PLN 11-00091 (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 15th day of June, 2011. r Robert Kiefer, Chairman City Planning Commission HEREBY CERTIFY that the foregoing is a true copy of a Resolution adapted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 15th day of June, 2011, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Morales, Murray, Kiefer ABSENT: COMMISSIONER: Garcia NOES: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission PLN 11-00091 (CUP) —12056 Paramount Blvd June 15, 2011 - Page 2 Resolution No. 11-2719 Downey Planning Commission PLN -11-00091 (CONDITIONAL USE PERMIT) EXHIBIT A — CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN -11-00091 (Conditional Use Permit), allows a Type 47 (On -Sale General, Eating Place) alcohol license at a new restaurant located at 12056 Paramount Boulevard, zoned C-1 (Neighborhood Commercial). 2) The restaurant's hours of operation are as follows: Monday though Thursday, 9:00 a.m. — 11:00 p.m. Friday through Sunday, 9:00 a.m. — 12:00 a.m. 3) No live entertainment shall be permitted on the subject site. The banquet room and the bar shall only be permitted when the restaurant is open. 4) The owner/applicant shall not permit any loitering on the subject site. 5) Customers shall not be within the business after the specified closing time. 6) Prior to occupy the building, the owner/applicant shall submit plans and receive approval from the Building Division for the construction of a new trash enclosure (with roof cover). 7) The sale of alcohol shall be incidental to the sale of food within the dining area. 8) 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. 9) 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. 10) 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. 11) 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. 12) All roof -mounted mechanical equipment shall be screened from public view. The working drawings shall include a cross-section detail to illustrate that the height of the building parapet is sufficient to screen all roof -mounted equipment from the view of adjoining streets and neighboring properties. 13) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the City Planner, the applicant shall provide evidence that the gross sales of food exceed 50% the gross sale of alcohol. PLN 11-00091 (CUP) — 12056 Paramount Blvd June 15, 2011 - Page 3 Resolution No. 11-2719 Downey Planning Commission BUILDING 14) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 15) Prior to the commencement of construction, the applicant/owner shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. POLICE 16) Prior to occupy the building, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 17) 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. 18) 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. 19) 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). 20) Payment for beverage services shall be made only after such services have been provided to the patrons by the business. 21) 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. PLN 11-00091 (CUP) —12056 Paramount Blvd June 15, 2011 - Page -4