HomeMy WebLinkAboutPC Reso 21-3154RESOLUTION NO. 21-3154
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -21-00124 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION UNDER AN
ALCOHOL BEVERAGE CONTROL (ABC) TYPE 41 LICENSE FOR AN EXISTING
EATING ESTABLISHMENT LOCATED AT 11901 & 11903 LAKEWOOD BLVD,
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. On August 31, 2021, an application was filed by Diana Valencia and Marlon A.
Ramos (hereinafter referred to as the "the applicants") requesting a Conditional Use
Permit (CUP) to allow the sale of beer and wine under an Alcohol Beverage Control
(ABC) Type 41 license at an existing dessert and cafe eating establishment located
at 11901 & 11903 Lakewood Boulevard, zoned C-1 (Neighborhood Commercial);
and,
B. Staff deemed the application incomplete due to missing information on September
23, 2021. The applicant resubmitted additional information and staff deemed the
application complete for further processing on October 20, 2021; and
C. On October 21, 2021, notice of the pending public hearing was sent to all property
owners within 500 feet of the subject area and the notice was published in the
Downey Patriot; and,
D. The Planning Commission held a duly noticed public hearing on November 3, 2021,
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
requested Conditional Use Permit is exempt from review under the California Environmental
Quality Act, Public Resources Code § 21000 et seq. ("CEQA") and the State CEQA Guidelines,
14 C.C.R. § 15000 et seq. The amendment would not have the potential to cause significant
effects on the environment. It is therefore categorically exempt from further CEQA review under
CEQA Guidelines Sections 15301 (Class 1, Existing Facilities) because the ABC Type 41
license for the sale of beer and wine is an ancillary service of the eating establishment.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
A. The subject site is located within the C-1 zone, which is intended for the
development and/or uses of limited neighborhood shopping areas situated adjacent
to, or surrounded by, residential neighborhoods. They are intended to serve the need
for convenience goods and services in their immediate locality. The requested
Conditional Use Permit will allow a Type 41 (On Sale, Beer and Wine - Eating Place)
Resolution No. 21-3154
Downey Planning Commission
alcohol license for the existing eating place but will not adversely affect the purpose
and intent of the Zoning Code or the City's General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood in that this site
has already been approved for commercial development to serve the surrounding
neighborhood. The added sale of alcohol will complement the use of the eating
place.
B. The existing use conforms to the C-1 zone development standards. The alcohol
license will complement the dessert and cafe establishment and will serve the public
with a use that the Zoning Code deems appropriate for uses within the C-1 zone. In
addition, conditions have been included to ensure that consumption of alcohol is
conducted within the tenant space and no live entertainment is allowed on site.
C. The subject site is approximately 38,712 square feet in size. The existing dessert
and cafe establishment is 1,520 square feet in size and is situated in a multi -tenant
commercial center along Lakewood Boulevard and Stewart and Gray Road. A total
of 61 parking spaces are provided for onsite parking. Based on the parking
calculations, the commercial site is currently deficient of 13 parking spaces due to
existing uses and tenant sizes. However, pursuant to Chapter 7 — Parking of DMC
Section 9728 Miscellaneous Requirements:
"Whenever the existing use of a structure is expanded or enlarged or the existing
use of land is changed to another use or another occupancy with a greater
parking and/or loading requirement, the additional required parking and loading
facilities shall be provided and thereafter permanently maintained in accordance
with the provisions of this chapter."
The previous tenant for this existing tenant space also accommodated an eating
establishment with no additions proposed; therefore, the new business was
approved as a continuation of similar use. As such, the site maintains its legal
nonconforming status. The request to serve alcohol will not modify or affect the
existing use, therefore, it will not be an adverse impact to the area.
D. The traffic generated by the existing use is not expected to significantly increase with
the approval of the CUP, as the use is currently existing and on-site parking spaces are
provided for customers. In addition, Lakewood Boulevard is classified as a major
arterial that can support a high volume of vehicles. 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 the
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 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 a Conditional Use Permit
(PLN -21-00124) 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
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Resolution No. 21-3154
Downey Planning Commission
Planning Commission to make the findings set forth in the resolution. 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 3rd day of November 2021.
Mig el arte, 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 3rd day of
November, 2021, by the following vote, to wit:
AYES: COMMISSIONERS: Duarte, Montoya, Ortiz and Uva
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Owens
ABSTAIN: COMMISSIONERS: None
-44---7
Mary Cavanagh, Secreta
Planning Commission
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Resolution No. 21-3154
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EXHIBIT A
Conditions of Approval
Conditional Use Permit
PLN -21-00124
PLANNING
This approval is for Conditional Use Permit (PLN -21-00124) for the sale of beer and
wine for on-site consumption under an Alcohol Beverage Control (ABC) Type 41 (On-
site Beer & Wine — Eating Place) license at an existing dessert and cafe establishment
located at 11901 and 11903 Lakewood Boulevard (Le Coco).
2. Approval of this Conditional Use Permit (PLN -21-00124) 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 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.
4. 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.
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. All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
7. 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
8. The permitted hours of operation of the business are Monday through Sunday from 8:00
a.m. to 8:00 p.m. Customers shall not be allowed within the business outside of these
business hours.
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Resolution No. 21-3154
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9. The hallway leading to the existing restroom located within the tenant space shall remain
unobstructed and maintain a minimum 4' width clearance at all times. No tables and
chairs shall be located within the hallway.
10. There shall be no live entertainment within the business at any time.
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
interior 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 City Planner, 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. 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.
POLICE
17. Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
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). Signs
shall be posted along the exterior patio and shall also include verbiage prohibiting the
possession and consumption of alcohol outside the premises.
19. The owner/applicant shall not permit any loitering on the subject site.
20. 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.
21. The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
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Resolution No. 21-3154
Downey Planning Commission
22. 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
23. The occupancy use shall comply with current code requirements for this occupancy type
and use. Occupant load shall be maintained and not exceeded.
END OF CONDITIONS
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