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HomeMy WebLinkAboutPC Reso 20-3124RESOLUTION NO. 20-3124 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -19-000198 & PLN -20-00032 (MINOR CONDITIONAL USE PERMIT & CONDITIONAL USE PERMIT), THEREBY ALLOWING A 300 SQUARE FOOT OUTDOOR DINING AREA, AND ALLOWING THE ON-SITE CONSUMPTION OF BEER AND WINE, UNDER ALCOHOL BEVERAGE CONTROL (ABC) TYPE 41 (ON-SITE BEER & WINE) LICENSE FOR A NEW RESTAURANT AT 9414 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. Applications were filed by Miguel Topete and Dirt Dog Inc. (hereinafter referred to as the "Applicants") on November 27, 2019 requesting approval of a Minor Conditional Use Permit (PLN -19-00198) to allow a new 300 square foot outdoor dining area and on February 26, 2020 a second application was filed requesting approval of a Conditional Use Permit (PLN -20-00032) to allow a new restaurant to operate with an Alcohol Beverage Control (ABC) Type 41 license, on the property 9414 Firestone Boulevard, Downey, and zoned C-2 (General Commercial); B. Staff deemed the application incomplete on December 26, 2019 due to staff concerns and missing information. The applicants resubmitted on several occasions and on June 12, 2020, Staff deemed the application complete; and C. On June 18, 2020, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; D. The Planning Commission held a duly noticed public hearing on July 1, 2020 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. 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 because the proposed outdoor dining area is a negligible expansion of the use and the proposed ABC Type 41 license for the sale of alcoholic beverages is an ancillary service of the restaurant use. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Minor Conditional Use Permit, the Planning Commission further finds, determines and declares that: A. The requested Minor Conditional Use Permit is consistent with all applicable goals and policies specified in the City's General Plan. Specifically, Policy 1.1.4 is promoted by providing an appropriate amount of land use for people to acquire goods and services. The Minor Conditional Use Permit also diversifies the amenities and Resolution No. 20-3124 Downey Planning Commission environment provided by the restaurant and expands the type and amount of goods and services available to its patrons and general public. B. The proposed use is consistent with other provisions of Article IX of the Downey Municipal Code such that it is permitted upon granting a Minor Conditional Use Permit in accordance with Downey Municipal Code Section 9814.04. The project directly complies or has been conditioned to comply, with all relevant provisions within Article IX. These provisions include, but are not limited to, review process, accessibility, fencing, and aesthetics. An accessibility path for ADA and pedestrians is provided as the applicant is proposing a 5' 10" wide path into the outdoor dining area and providing a decorative 42" tall cable railing fence and access door that encloses the proposed outdoor dining area. C. The proposed outdoor dining area will not result in conditions or circumstances contrary to the public health, safety, and general welfare. Specifically, the proposed outdoor dining area is intended to complement the existing use (full-service restaurant), and is designed as a supplementary/ancillary component. The proposed use is a common practice among restaurants. The new dining area will provide adequate landscaping to complement the updated amenities and provide a buffer between pedestrians from the sidewalk. SECTION 4. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: A. The requested Conditional Use Permit for the sale of beer and wine in conjunction with the restaurant use will not adversely affect the intent and purpose of Article IX or the City's General Plan or the public convenience or general welfare or persons residing or working in the neighborhood. The subject property is within the C-2 (General Commercial) zone, which is intended to provide for and encourage the orderly development of commercial uses, with a wide variety of goods and services for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development. The added sale of alcohol will complement the use of the restaurant B. The requested Conditional Use Permit will not adversely affect the adjoining land uses since the proposed use conforms to its C-2 (General Commercial) zone development standards. The alcohol license will complement the restaurant and surrounding commercial uses and will serve the public with a use that the Zoning Code deems appropriate for uses within the C-2 zone. Specifically, conditions have been included to ensure that consumption of alcohol is conducted within the restaurant space and no live entertainment is allowed on site in addition to other nuisance related conditions. C. 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. Specifically, the subject site is approximately 67,995 square feet. The restaurant will be 1,800 square feet including the outdoor dining area and is situated in a commercial center along Firestone Boulevard and Woodruff Avenue. The site in the past has accommodated a restaurant use therefore the new use will not be an adverse impact. The new restaurant with the request to serve alcohol and a minor 9414 Firestone Blvd - PLN -19-00198 & PLN -20-00032 July 1, 2020 - Page 2 Resolution No. 20-3124 Downey Planning Commission expansion for outdoor dining will require three (3) additional parking spaces which are provided on the subject site. D. 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 restaurant is not expected to significantly increase with the approval of the Conditional Use Permit, as the site previously contained a similar use within the commercial center. In addition, both Firestone Boulevard and Woodruff Avenue are major arterials that can support the high volume of vehicles. Also, the site contains three (3) entrances to the site where two (2) are located along Woodruff Avenue and the other on Firestone Boulevard. The added component of beer and wine sales is not expected to generate significantly more traffic or impose an undue burden upon the streets and highways in the area because it is required to be served as a complement to the food menu. The alcohol sales will not be permitted without sale of food and the food establishment will continue to operate as part of the existing commercial center which has been adequately served by surrounding streets and highways SECTION S. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby approves this Minor Conditional Use Permit (PLN -19-00198) and Conditional Use Permit (PLN -20-00032) subject to the 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 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1 s'day of July 2020. Miguel Q(aarte, Chairman 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 1St day of July 2020, by the following vote, to wit: AYES: COMMISSIONERS: Dominguez, Owens, Spathopoulos and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Frometa ABSTAIN: COMMISSIONERS: None Marytanagh, Secret' ry Planniommission 9414 Firestone Blvd - PLN -19-00198 & PLN -20-00032 July 1, 2020 - Page 3 Resolution No. 20-3124 Downey Planning Commission CONDITIONS OF APPROVAL MINOR CONDITIONAL USE PERMIT & CONDITIONAL USE PERMIT (PLN -19-00198) & (PLN -20-00032) PLANNING 1) The approval of Minor Conditional Use Permit (PLN -19-00198) and Conditional Use Permit (PLN -20-00032) allows the excavation of existing landscaping adjacent (north) to the corresponding tenant space at 9414 Firestone Boulevard to accommodate a 300 square foot outdoor dining area with new landscaping and the operation of the restaurant with an ABC Type 41 (On Sale Beer and Wine, Eating Place) license. 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) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 5) The use approved herein must be executed within one year of approval or shall be subject to revocation where this approval will be deemed null and void. 6) The Planning Commission reserves the right to revoke or modify this approval if the proposed use becomes a public nuisance, finds the permit was obtained by fraud, the approved use is not being exercised, the approved use is operated in violation of the terms and conditions contained herein, or the approved use ceased or was suspended for one year or more. 7) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 8) The permitted hours of operation of the business are Monday through Sunday from 10:30 a.m. to 11:30 p.m. Customers shall not be allowed within the business outside of these business hours. 9414 Firestone Blvd - PLN -19-00198 & PLN -20-00032 July 1, 2020 - Page 4 Resolution No. 20-3124 Downey Planning Commission 9) There shall be no live entertainment within the business and in the outdoor dining area at any time. Exterior speakers and televisions are prohibited in the outdoor dining area. 10) All installed exterior lighting shall be subject to a final inspection by the Planning Department. The illumination of the outdoor string lights shall be adjusted to the satisfactory standard of the City Planner in order to prevent spill over on to adjacent properties and the public right-of-way. 11) Alcoholic beverages shall not be sold for off-site consumption. 12) Signs shall be displayed enforcing the restriction of consumption of alcohol beyond the outdoor dining area and tenant space. 13) The sale of alcohol shall be incidental to the sale of food. 14) The gross sales of alcohol shall not exceed the gross sales of food. At the request of the Director of Community Development, the applicant shall provide evidence that the gross sales of food exceed the gross sale of alcohol. 15) The kitchen shall remain open to serve a full menu at all times the business is open. The service/sale of prepackaged foods, salads, or sandwiches is not considered to be in compliance with this condition. 16) 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. 17) Any new signage shall require separate permits and must comply with the Planned Sign Program of the commercial center. 18) All landscaping shall be kept neat and maintained at all times and not interfere with public right-of-way areas. 19) The business shall maintain all public areas free and clear of trash and debris during all hours of operation and up to two (2) hours after closure. 20) All rules and regulations set forth by the California Department of Public Health and the Los Angeles County Department of Public Health shall be enforced and complied with. The applicant shall be subject to any and all applicable orders issued by these agencies to protect the public health such as the most recent orders for social distancing and operational restrictions related to the COVID-19 coronavirus pandemic. BUILDING 21) Any proposed on-site improvements shall comply with the most recent California Building Code and Title 24 of the California Energy Code. 22) Provide appropriate vehicle safety improvements in the form of decorative bollards or similar items subject to approval of the Deputy Director of Public Works and the City Planner. 9414 Firestone Blvd - PLN -19-00198 & PLN -20-00032 July 1, 2020 - Page 5 Resolution No. 20-3124 Downey Planning Commission POLICE 23) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 24) 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). Signs shall be posted along the exterior patio and shall also include verbiage prohibiting the possession and consumption of alcohol outside the premises. 25) The owner/applicant shall not permit any loitering on the subject site. 26) 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. 27) The Licensee shall be responsible for monitoring the business to prevent anyone under the age of 21 from purchasing alcohol. 28) 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. FIRE 29) An occupancy load sign shall be posted at main entrance [CA Fire Code §1004]. 30) Install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1]. 31) A deferred plan shall be submitted for an automatic fire extinguishing system for the cooking hood/exhaust system. The fire extinguishing system shall be UL 300 complainant; and have the required semi-annual inspection and testing [CA Fire Code § 904.2.2; §904.5; §904.12; §609]. 32) Type I commercial kitchen hood inspection frequency and cleaning shall be at intervals set forth in Table 609.3.3.1 — upon request occupancy shall furnish reports indicating kitchen hood is being cleaned at required intervals to reduce risk of fire [CA Fire Code §609.3]. 33) Premises shall be appropriately addressed. An approved address identification shall be provided that is legible and placed in a position that is visible from the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code §505.1]. 34) If applicable, establishment of hazardous materials business plan (HMBP) for handling of compressed and/or refrigerated beverage system gases (e.g. Carbon dioxide, Nitrogen) exceeding 1000 cubic feet at STP (standard temperature pressure) [HSC 25507(5)(C)]. 35) Egress shall be designed to meet requirements of CA Building Code and Chapter 10 of the CA Fire Code for occupant load, number of egresses, egress sizing, door swing direction, etc. 9414 Firestone Blvd - PLN -19-00198 & PLN -20-00032 July 1, 2020 - Page 6 Resolution No. 20-3124 Downey Planning Commission 36) Exit signs shall be properly illuminated and readily visible from any direction of egress travel [CA Fire Code §1013.1; 1013.31030.2; 1030.3]. END OF CONDITIONS 9414 Firestone Blvd - PLN -19-00198 & PLN -20-00032 July 1, 2020 - Page 7