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HomeMy WebLinkAboutResolution No. 08-7072 - Approve Appeal, Cup #08-16, 7808 Florence Av. (Bon Appetite Sushi & Salad)RESOLUTION NO. 08-7072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN APPEAL, THEREBY OVERTURNING THE PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT NO. 08-16, A REQUEST FOR AN ALCOHOL BEVERAGE LICENSE, TYPE 41 (ON-SALE BEER AND WINE, EATING PLACE) WITHIN THE EXISTING RESTAURANT (BON APPETITE SUSHI AND SALAD) ON PROPERTY LOCATED AT 7808 FLORENCE AVENUE AND ZONED C-1 (NEIGHBORHOOD COMMERCIAL). THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A.On February 15, 2008, the applicant, Angelica Tamada, submitted a Conditional Use Permit application (No. 08-16), requesting to establish alcohol sales at the existing restaurant. This application was deemed complete on April 29, 2008; and B.The Planning Commission held a duly noticed public hearing on May 21, 2008 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted a motion to deny the requested Conditional Use Permit; and, C On June 4, 2008, the Planning Commission adopted Resolution No. 08-2536, thereby affirming their denial of Conditional Use Permit No. 08-16 and adopting written findings of fact in support of that denial; and, D On June 19, 2008, the applicant filed a timely appeal of the Planning Commission’s denial and is requesting that the City Council overturn the Planning Commission’s action; and, E On July 1 1, 2008, notice of the pending City Council public hearing was mailed to all property owners within 500’ of the subject site. Additionally, the public notice was published in the Long Beach Press-Telegram', and, F.The City Council held duly noticed public hearings on July 22, 2008 and August 12, 2008 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing upheld the appeal, thereby overturning the Planning Commission’s action. SECTION 2. The City Council 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 City Council further finds, determines and declares that: A. 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 RESOLUTION NO. 08-7072 PAGE TWO welfare of persons residing or working in the neighborhood thereof. The General Plan Land Use Designation for the subject site is General Commercial, which is implemented with the C-1 (Neighborhood Commercial) zone, which in turn is intended to provide goods and services to the immediate adjacent neighbor and locality. The sale of beer and wine at the existing sushi restaurant would complement the existing neighborhood restaurant’s menu and provide a public convenience to those who live and work in the area and patronize the establishment. B.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 consumption of beer and wine by patrons of an existing sushi restaurant can be considered a negligible expansion of the use. Furthermore, the conditions of approval mitigate the potential for impacts being created by the site being under parked. 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. The subject site is a 2.21 acre rectangular shaped parcel that generally measures 541 ’ by 178’. The site is currently improved with an approximate 30,000 square foot in-line multiple tenant retail shopping center and 140 parking spaces. The existing site is large enough to accommodate the restaurant, including the proposed consumption of beer and wine. D The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is directly accessed by Florence and Rives Avenues. Inasmuch as the restaurant exists, the addition of the sale of beer and wine to the customers will not generate a significant increase of vehicle trips to and from the site. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the City Council of the City of Downey hereby overturns the Planning Commission’s denial and thereby approves Conditional Use Permit No. 08-16, 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 City Council 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 City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 12th day of August, 2008. rAm/ l-GmF ©layor ATTEST: Fa=mm;EreR RESOLUTION NO. 08-7072 PAGE THREE I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 12th day of August, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : Council Members: Council Member: Council Member: Council Member: Bayer, Cartozian, Guerra, Trejo, Mayor Gafin None None None me RESOLUTION NO. 08-7072 PAGE FOUR EXHIBIT A - CONDITIONS 1)The approval of Conditional Use Permit No. 08-16, allows an existing restaurant located at 7808 Florence Avenue (AIN 6251-001-001 ) to operate with an Alcoholic Beverage Control 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) 5) 6) 7) 8) All conditions of approval of Conditional Use Permit No. 08-16 shall be complied with before the Conditional Use Permit becomes valid. There shall be no live entertainment, including but not limited to, a disc jockey, dancing, live bands, and karaoke at anytime. The sale of alcohol shall be incidental to the sale of food at all times No alcohol shall be sold for off-site consumption. The hours of operation shall be limited to Monday through Thursday – 1 1:00 a.m. until 10:00 p.m.; Friday and Saturday – 1 1 :00 a.m. until Midnight; and Sunday – Noon until 9:00 p.m 9) 10) The restaurant shall not have more than twenty-six (26) seats for customers at any time The rear (south) door shall remain closed at all times, except to permit the ingress and egress of employees