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HomeMy WebLinkAbout5.PLN-12-00257 - 12270 ParamountSTAFF REPORT DATE: DECEMBER 5, 2012 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DIRECTOR DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-12-00257 - (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A GROCERY STORE (WALMART NEIGHBORHOOD MARKET) WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 21 (OFF-SALE, GENERAL) LICENSE ON PROPERTY LOCATED AT 12270 PARAMOUNT BLVD, ZONED C-2 (GENERAL COMMERCIAL) CEQA Staff has reviewed the proposed addition for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Class 1 cons ists of projects that involve no or negligible expansion of the existing use. RECOMMENDATION Staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-12-00257), THEREBY ALLOWING A GROCERY STORE (WALMART NEIGHBORHOOD MARKET) WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 21 (OFF-SALE, GENERAL) LICENSE ON PR OPERTY LOCATED AT 12270 PARAMOUNT BLVD, ZONED C-2 (GENERAL COMMERCIAL) CODE AUTHORITY The applicant is making his request pursuant to the provisions of Municipal Code Section 9314.04, which allows the sale of alcohol for consumption off site, subject to the approval of a Conditional Use Permit. The Planning Commission’s authority to consider the requested Conditional Use Permit is set forth in Municipal Code Section 9824 (Conditional Use Permits). PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA SITE LOCATION 12270 Paramount -Blvd SITE DESCRIPTION A. Subject Property 1. Property Information Site Location: 12270 Paramount Blvd (AI N 6259-010-029) 2. Applicant Information Applicant: Brent McManigal Wal-Mart Stores Inc c/o Gresham, Savage, Nolan, & Tilden 550 East Hospitality Ave, Ste 300 San Bernardino, CA 92408 Property Owner: Wal-Mart Stores Inc th 2001 Southeast 10 St Bentonville, AR 72716 3. CEQA Determination: Categorical Exemption (Class 1) 4. Noticing Information Applicant Notification: November 2, 2012 Required Action Date: December 31, 2012 Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 2 B. Surrounding Properties North - The properties to the north of the subject site have a General Plan Land Use Designation of Neighborhood Commercial, and are zoned C-2 (General Commercial). These properties are improved with a fast-food restaurant and a multi-tenant commercial center. South – The property to the south of the subject site has a General Plan Land Use Designation of School-Private and is within the R-1 5,000 (Single-Family Residential) zoning district. This parcel is improved with St. Raymond Church and School. East - The properties to the east of the subject site have a General Plan Land Use Designation of Low Medium Density Residential. The properties have a variety of residential zoning that includes R-1 5,000 (Single-Family Residential), R-2 (Two-Family Residential) and R-3 (Multi-Family Residential). These properties are improved with various types of residential uses. West – The properties to the west have a General Plan Land Use Designation of Low Density Residential and are zoned R-1 5,000 (Single-Family Residential). These parcels are improved with single family homes. C. Site Photographs View of business from Paramount Blvd BACKGROUND The subject site is an approximate 2.32 acre rectangular lot that is located on the northeast corner of Paramount Blvd and Conrad Street. The site is improved with an approximate 33,000 square foot grocery store (Walmart Neighborhood Market) and 133 parking spaces. Access to the site is Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 3 provided from Paramount Blvd and Montgomery St. This property has a General Plan Land Use Designation of Neighborhood Commercial and is zoned C-2 (General Commercial). On October 9, 2012, the applicant submitted an application for a Conditional Use Permit, to allow the existing grocery store to operate with the Type 21 license. After a review by staff, the application was deemed complete on November 2, 2012. On November 21, 2012, notice of the pending application was mailed to all property owners within 500’ of the subject site. Additionally, the notice was published in the Downey Patriot on November 22, 2012 . DISCUSSION/ANALYSIS Walmart Neighborhood Market is a grocery store that has been in operation at the subject site since November 7, 2012. This is a standard grocery store with fresh and prepackaged goods, a deli counter, a fresh bakery, and a pharmacy. Customer access to the store is on the west side of the building, facing Paramount Blvd. On the east side of the building, facing Montgomery Street, there is a loading dock that can accommodate a single truck. Currently the store operates from 6:00 a.m. to 11:00 p.m., but has plans to operate 24 hours a day in the future. Walmart is asking to include alcohol sales with their operations. As such, Walmart has applied for an ABC Type 21 license, which would allow the sale of beer, wine, and distilled spirits for consumption off site. Overall, staff does not have concerns about adding alcohol sales to a grocery store. Staff feels that the addition of alcohol will be a convenience to t hose residents that wish to purchase alcoholic beverages with their groceries. Furthermore, since this is the only grocery store in the immediate area, the allowance of alcohol sales would provide a further convenience by allowing residents to conduct all of their grocery shopping at a single location. Notwithstanding this, since Walmart begun daily operations at the site, staff has received several noise complaints from delivery trucks queuing alongside Montgomery Street. As the trucks wait to pull into the loading dock, they queue on Montgomery with their engines idling. During the early morning hours the noise can carry and create a disturbance to the residents. Staff is concerned that inclusion of alcohol sales at the site will in crease business for the stor e, thus escalating the number of trucks and noise. To address this concern, staff is recommending a condition of approval that prohibits the trucks from arriving/leaving the loading dock and from queuing on Montgomery between 10:00 p.m. and 8:00 a.m. the following morning. Furthermore, trucks already sitting in the loading dock are not allowed to idle more the five minutes during these hours. Should Walmart need to have deliveries during late night/early morning hours, they will need to be made to the front of the store. Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving a Conditional Use Permit. A discussion of the findings follows: 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 welfare of persons residing or working in the neighborhood thereof. The subject site is located within the C-2 (General Commercial). It is the intent and purpose of both the Zoning District and General Plan to provide goods and services that can serve the entire community. It is staff’s opinion that allowing alcohol sales at the Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 4 subject site would serve the area since there are no other grocery stores in the immediate area and the sale of alcohol will be a convenience to those residents that wish to purchase alcoholic beverages with their groceries. Furthermore, based on its location, the grocery store can serve to draw customers traversing the City on Paramount Blvd. Taking this into consideration, staff is of the opinion that this approval will not have an adverse affect on 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 thereof. 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 subject site is in a fully developed area of the City, with little to no vacant properties in the immediate area. Inasmuch as the use occupies an existing building (no additions to the building are being proposed), staff is of the opinion that this use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, since the grocery store has begun daily operations staff has received several noise complaints from trucks idling on Montgomery St. Sta ff has recommended a condition of approval that will address the noise issues in the area. Furthermore, it is staff’s opinion that the implementation of all the recommended conditions of approval will prevent the use from being a burden onto others. Staff believes that these conditions are necessary to avoid any adverse affects on the adjoining properties. 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 market is already in operation and will be contained within the existing tenant space. There is sufficient parking to accommodate the use and the surrounding streets have enough capacity to continue carrying the operations of a grocery store at the site. As such, staff believes that the subject site has sufficient shape and size to accommodate the proposed use and that this finding can be adopted. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The primary access to the site is on Paramount Blvd, which is an arterial street for the City of Downey. Staff has reviewed the proposal and any potential increase in traffic caused by operation of the business. It is staff’s opinion that the surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. As such, staff believes that this finding can be adopted. CORRESPONDENCE As of the date that this report was printed, staff has one email (attached) regarding this application. The author is a local resident who has continued concerns about trucks queuing on Montgomery Street and the use of the loading dock. The loading dock is on the east side of the building, facing the adjoining residential properties. Unfortunately, the loading dock is legally established and the City cannot prevent its use, the City can only minimize impacts from the loading dock. As noted previously in this repor t, staff has received several similar complaints, and as such, is recommending a condition of approval to address this concern. Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 5 CONCLUSION Based on the analysis contained within this report, staff is concluding that allowing Walmart Neighborhood Market to operate with a Type 21 license can be a benefit to the area, provided all conditions of approval are adhered to. Furthermore, as noted above, staff believes that all four findings required to approve a Conditional Use Permit can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Conditional Use Permit (PLN-12- 00257), subject to the recommended conditions of approval. Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 6 Exhibit ‘A’ – Aerial Photograph N Subject Site Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 7 Exhibit ‘B’ – Zoning Map -1 5 000 R , Subject Site N Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 8 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-12-00257), THEREBY ALLOWING A GROCERY STORE (WALMART NEIGHBORHOOD MARKET) WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 21 (OFF- SALE, GENERAL) LICENSE ON PROPERTY LOCATED AT 12270 PARAMOUNT BLVD, 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. On October 9, 2012, the applicant submitted an application for a Conditional Use Permit, to allow the existing grocery store (Walmart Neighborhood Market) to operate with an ABC Type 21 (Off Sale General) license; and, B. On November 2, 2012, after a thorough review of the submittal materials, staff deemed the application complete; and, C. On November 21, 2012, notice of the pending application was mailed to all property owners within 500’ of the subject site. Additionally, the notice was published in the Downey Patriot on November 22, 2012; and, D. The Planning Commission held a duly noticed public hearing on December 5, 2012 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution, subject to conditions of approval (Exhibit A). SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed developm ent 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 Se ction 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. 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 subject site is located within the C-2 (General Commercial). It is the intent and purpose of both the Zoning District and General Plan to provide goods and services that can serve the entire community. Allowing alcohol sales at the subject site would serve the area since there are no other grocery stores in the immediate area and the sale of alcohol will be a convenience to those residents that wish to purchase alcoholic beverages with their groceries. Furthermore, based on its location, the grocery store can serve to draw customers traversing the City on Paramount Blvd. Taking this into consideration, this approval will not have an adverse affect on 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 thereof. 2. 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 subject site is in a fully developed area of the City, with little to no vacant properties in the immediate area. Inasmuch as the use occupies an existing building (no additions to Resolution No. ____________ Downey Planning Commission the building are being proposed), this use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, since the grocery store has begun daily operations the City has received several noise complaints from trucks idling on Montgomery St. A condition of approval that will address the noise issues in the area has been included in this resolution. The implementation of all the recommended conditions of approval will prevent the use from being a burden onto others. These conditions are necessary to avoid any adverse affects on the adjoining properties. 3. 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 market is already in operation and will be contained within the existing tenant space. There is sufficient parking to accommodate the use and the surrounding streets have enough capacity to continue carrying the operations of a grocery store at the site. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The primary access to the site is on Paramount Blvd, which is an arterial street for the City of Downey. The City has reviewed the proposal and any potential increase in traffic caused by operation of the business. It has been found that the surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. 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 the Conditional Use Permit (PLN-12-00257), 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 Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 2 Resolution No. ____________ Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. th PASSED, APPROVED AND ADOPTED this 5 day of December, 2012 Michael Murray, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning th Commission of the City of Downey at a regular meeting thereof, held on the 5 day of December, 2012 by the following vote, to wit: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 3 Resolution No. ____________ Downey Planning Commission CONDITIONAL USE PERMIT (PLN-12-00257) EXHIBIT A - CONDITIONS 1) The approval of Conditional Use Permit (PLN-12-00257) permits the operation of a grocery store with a Department of Alcoholic Beverage Control Type 21 (off-sale general) 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) 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. 5) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 6) The grocery store shall be permitted to operate 24-hours a day, seven (7) days a week. 7) Alcohol sales shall not be permitted between 2:00 a.m. and 6:00 a.m. every day. 8) Alcohol shall not be sold to persons under the age of 21. 9) The business operator shall not allow alcohol to be consumed on site. 10) The business operator shall not allow customers, or other persons, to loiter in front of the business. 11) 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. 12) All signs shall comply with the requirem ents set forth in the Downey Municipal Code. 13) Any graffiti applied on the site shall be removed within 48 hours. Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 4 Resolution No. ____________ Downey Planning Commission 14) The business operator shall ensure the site remains litter free. 15) Between the hours of 10:00 p.m. and 8:00 a.m. the following morning, the business operator shall not permit trucks/vans delivering merchandise to the store to queue along Montgomery Street or to arrive/leave the loading dock area. Furthermore, delivery trucks/vans sitting in the loading dock during these hours shall not be permitted to idle for more than five minutes. Any delivery truck arriving to the store during these hours shall be queued along Paramount Blvd or in the parking lot on the west side of the building. 16) The 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. 17) A copy of the Conditional Use Permit sha ll 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. Conditional Use Permit (PLN-12-00257) – 12270 Paramount Blvd December 5, 2012 - Page 5