HomeMy WebLinkAbout1. PLN-15-00100 - 8530 Firestone Blvd Ste 102CityofDowney
DATE:
TO:
SUBMITTED BY:
JULY 1, 2015
STAFF REPORT
PLANNING DIVISION
PLANNING COMMISSION
ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: JESSICA J. FLORES, ASSOCIATE PLANNERV
SUBJECT: PLN -15 -00100 (CONDITIONAL USE PERMIT) — A REQUEST TO
SELL ALCOHOLIC BEVERAGES FOR OFF -SITE CONSUMPTION
AND CONDUCT EDUCATIONAL ALCOHOL TASTINGS AT A RETAIL
STORE (BEVMO)
LOCATION: 8530 FIRESTONE BOULEVARD, SUITE 102
ZONING: C -2 (GENERAL COMMERCIAL)
REPORT SUMMARY
The proposed project involves a request to sell alcoholic beverages for off -site consumption and
to conduct educational alcohol tastings at a retail store (BevMo). The applicant proposes to
obtain the following licenses from the State of California Department of Alcoholic Beverage
Control (ABC):
1. Type 21 (Off -Sale General) to allow the sale of alcoholic beverages for off -site
consumption;
2. Type 42 (On -Sale Beer and Wine, Public Premise) to allow educational beer and wine
tastings; and
3. Type 86 (Instructional Tasting License) to allow educational spirits tastings.
After reviewing the Applicant's request, staff recommends that the Planning Commission adopt
the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00100 (CONDITIONAL USE PERMIT), A CONDITIONAL USE
PERMIT TO SELL ALCOHOLIC BEVERAGES FOR OFF -SITE CONSUMPTION
AND CONDUCT EDUCATIONAL ALCOHOL TASTINGS AT A RETAIL STORE
(BEVMO)
DISCUSSION
The Applicant requests approval of PLN -15 -00100 to allow the sales of alcoholic beverages
and tastings within an existing tenant space located at 8530 Firestone Boulevard, Suite 102,
in Downey. The subject site is comprised of two parcels totaling 2.7 acres, and located at the
southeast corner of Firestone Boulevard and Brookshire Avenue. The property contains two
multi- tenant buildings: Building A, which is made up of 5,700 sq. ft. and includes two
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restaurants (Chipotle and Panda Express) and one service use, the UPS Store; and Building
B, which contains 20,040 sq .ft. and is comprised of three tenant spaces (a medical use, a
training center, and a vacant tenant space).
Downey High School, located to the north of the subject site, is zoned R -3 (Multi - Family
Residential), while the commercial sites, which include a bank, restaurants, and the Downey
Civic Theatre, to the west and northwest are zoned DDSP (Downtown Downey Specific
Plan). A C -2 (General Commercial) zoned property, developed with veterinary clinic, an
Edison transformer station, and the Union Pacific railway exist to the south, while commercial
uses including restaurants and retail, also zoned C -2 (General Commercial), border the east
side of the site.
Conditional Use Permit
Table 9.3.5, Commercial Zones Use Regulations, of the Downey Municipal Code (DMC)
stipulates that off -sale alcohol establishments require a conditional use permit (CUP). The
Commission may grant a CUP for such uses in any zone where the uses are allowed,
provided that it meets the basic development standards found throughout the Zoning Code.
The applicant is proposing to move into an existing 8,141 sq. ft. tenant space within Building "B"
at the subject site. BevMo proposes to operate a specialty retail store that specializes in the sale
of various types of alcoholic beverages, as well as gourmet foods and related items such as
glassware, wine accessories, etc. To accomplish this, BevMo is required to request a CUP for
three types of ABC licenses, which will allow for the sale of alcoholic beverages for off -site
consumption and to conduct educational alcohol tastings within the confines of their tenant
space. BevMo proposes to obtain the following licenses from ABC:
1. Type 21 (Off -Sale General) to allow the sale of alcoholic beverages for off -site
consumption;
2. Type 42 (On -Sale Beer and Wine, Public Premise) to allow educational beer and wine
tastings; and
3. Type 86 (Instructional Tasting License) to allow educational spirits tastings.
The application proposes the following mitigation measures as they are currently
implemented at the company's existing locations, to eliminate any potential issues:
1. The sale of products that encourage loitering and /or would attract minors to the store
is prohibited. As such, the following items are not sold or allowed within the confines
of the store:
• Cigarettes sales
• Pinball or video game machines
• Lottery ticket sales
• Pornographic materials
• Newspaper stands
Agenda Page 2
2. All minors must be accompanied by an adult.
3. All employees must be 21 years of age or older.
4. All employees receive extensive ID check training; anyone appearing under the age
of 50 is carded.
Furthermore, due to this specialty retailer's off -site sale of alcoholic beverages, staff finds it is
prudent to limit the hours of operation from 7:00 am to 11:00 pm, 7 days a week. Bevmo's
general hours of operation are proposed as 9:00 am to 10:00 pm, 7 days weeks, which fall
within the confines of staff's proposed limited hours of operation.
FINDINGS
Conditional Use Permit
Pursuant to Municipal Code Section 9824.06, four (4) findings must be adopted prior to the
Planning Commission approving a Conditional Use Permit. Staff has reviewed the proposal and
has developed the following findings for the approval of the PLN -15- 00100:
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 for a Type 21 (Off -Sale General) ABC license to allow
the sale of alcoholic beverages for off -site consumption, a Type 42 (On -Sale Beer and
Wine, Public Premise) ABC license to allow educational beer and wine tastings, and a
Type 86 (Instructional Tasting License) ABC license to allow educational spirits tastings
will not adversely affect the purpose and intent of the Downey Municipal Code, or the
public convenience or general welfare of persons residing or working in the
neighborhood nearby because the proposed use is compatible with the development
patterns in the area, it is an appropriate use of land in the C -2 (General Commercial)
zone, the size and shape of the subject property meet the City's development standards
for the C -2 zone, the use satisfies the parking requirements for retail uses, and it
provides appropriate vehicular access from Firestone Boulevard and Brookshire
Avenue.
The subject site has a General Plan Land Use Designation of General Commercial,
which is being implemented by the C -2 (General Commercial) zone. The goal of the
General Commercial area is intended to provide commercial development that is
geared to the entire city and surrounding areas. A specialty retail use goes beyond
the needs of the immediate neighborhood and provides a customer base from
surrounding areas.
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 will not adversely affect the adjoining land uses since the
proposed use conforms to its C -2 zone development standards, other uses in the
vicinity are more intense than the specialty retail store, and the proposed use is
sufficiently removed from the residential properties located to the north and south.
Additionally, the applicant has proposed the implementation of various mitigations
measures to avoid any potential impacts. These measures include: 1) Limited hours of
operation from 7 am to 11 pm, 7 days a week; 2) The sale of products that encourage
Agenda Page 3
loitering and /or would attract minors to the store is prohibited, such as cigarettes,
lottery ticket and pornographic material sales, pinball and /or video games and
newspaper stands; 3) All minors must be accompanied by an adult; 4) all employees
must be 21 years of age or older; and 5) all employees receive extensive ID check
training; anyone appearing under the age of 50 is carded. As such, staff finds that
these self- imposed mitigation measures, in addition to the conditions approval of this
application, the proposed use will not adversely affect adjoining land uses.
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 subject property is comprised of a 2.7 acre shopping center with one, 5,700
sq. ft. 1 -story building located along the northerly property line and one, 20,040 sq. ft.,
1 -story building along the southerly property line. It maintains approximately 384 feet
of frontage on Firestone Boulevard, 112 feet of frontage on Brookshire Avenue, and a
depth of approximately 361 feet at its most easterly property line. The existing
buildings have been designed to accommodate commercial uses, in conjunction to
one another. The site provides 146 off - street parking spaces, which represents a
sufficient amount of parking spaces to accommodate the proposed retail use and
being that the use only requires 33 parking spaces. As such, the existing site size and
shape is adequate to allow for the full development of the proposed retail use.
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. The
Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision
2025 General Plan (SCH #2004031159), Chapter 2 - Circulation, Figure 2.1 -1 -
Circulation Plan, classifies Firestone Boulevard as a major arterial and Brookshire
Avenue as a secondary arterial. Figure 2.1 -2 — Existing Traffic Volumes in the same
document shows the existing Average Daily Traffic (ADT) volume, on Firestone
Boulevard between Lakewood Boulevard and Brookshire Avenue, is approximately
48,200 Vehicles Per Day (VPD) and the adopted capacity as shown in Figure 2.1 -3,
Projected Traffic Volumes, Chapter 2 — Circulation in the FEIR is 58,600 VPD these
numbers demonstrate that Firestone Boulevard has sufficient capacity to absorb any
additional traffic the requested retail use may create.
CORRESPONDENCE
As of the date that this report was printed, staff had not received any correspondence
regarding this matter.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN -15- 00100, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
HACommunity Development \Flores \Planning\ Cases \CUP\2015 \PLN -15- 00100 \PLN -15 -00100 (CUP), 8530
Firestone, staff report.docx
Agenda Page 4
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ZONING MAP
SITE PHOTOGRAPH
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AERIAL PHOTOGRAPH
SITE PLAN
Agenda Paae 6
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FLOOR PLAN
Agenda Page 7
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00100 (CONDITIONAL USE PERMIT), A CONDITIONAL USE
PERMIT TO SELL ALCOHOLIC BEVERAGES FOR OFF -SITE CONSUMPTION
AND CONDUCT EDUCATIONAL ALCOHOL TASTINGS AT A RETAIL STORE
(BEVMO)
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 May 12, 2015, the Applicant, Denise M. Rowan, c/o Elizabeth Zaninovich,
submitted a Land Use Permit Application (hereinafter referred to as PLN -15-
00100) seeking approval of a conditional use permit for an 8,141 sq. ft. retail
store (BevMo), to operate with the sale of alcoholic beverages for off -site
consumption and to conduct educational alcohol tastings. BevMo proposed to
obtain the following licenses from the State of California Department of Alcoholic
Beverage Control (ABC): 1) Type 21 (off -sale general) to allow the sale of
alcoholic beverages for off -site consumption; 2) Type 42 (on -sale beer and wine,
public premise) to allow educational beer and wine tastings; and 3) Type 86
(instructional tasting license) to allow educational spirits tastings as a tenant of
an existing shopping center located at 8530 Firestone Boulevard, Suite 102, in
Downey.
B. The subject property is zoned C -2 (General Commercial) with a land use
designation GC (General Commercial).
C. On June 3, 2015, staff deemed the application complete, thus allowing it to be
scheduled for a public hearing.
D. On June 18, 2015, notice of the pending public hearing was published in the
Downey Patriot and was sent to all property owners within 500' of the subject
site.
E. The Planning Commission held a duly noticed public hearing on July 1, 2015,
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 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 hearing, the Planning Commission further finds, determines and declares that:
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
Agenda Page 8
convenience or general welfare of persons residing or working in the
neighborhood thereof.
The requested conditional use permit for a Type 21 (Off -Sale General) ABC
license to allow the sale of alcoholic beverages for off -site consumption, a Type
42 (On -Sale Beer and Wine, Public Premise) ABC license to allow educational
beer and wine tastings, and a Type 86 (Instructional Tasting License) ABC
license to allow educational spirits tastings will not adversely affect the purpose
and intent of the Downey Municipal Code, or the public convenience or general
welfare of persons residing or working in the neighborhood nearby because the
proposed use is compatible with the development patterns in the area, it is an
appropriate use of land in the C -2 (General Commercial) zone, the size and
shape of the subject property meet the City's development standards for the C -2
zone, the use satisfies the parking requirements for retail uses, and it provides
appropriate vehicular access from Firestone Boulevard and Brookshire Avenue.
The subject site has a General Plan Land Use Designation of General
Commercial, which is being implemented by the C -2 (General Commercial) zone.
The goal of the General Commercial area is intended to provide commercial
development that is geared to the entire city and surrounding areas. A specialty
retail use goes beyond the needs of the immediate neighborhood and provides a
customer base from surrounding areas.
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 will not adversely affect the adjoining land uses
since the proposed use conforms to its C -2 zone development standards, other
uses in the vicinity are more intense than the specialty retail store, and the
proposed use is sufficiently removed from the residential properties located to the
north and south. Additionally, the applicant has proposed the implementation of
various mitigations measures to avoid any potential impacts. These measures
include: 1) Limited hours of operation from 7 am to 11 pm Sunday through
Saturday; 2) The sale of products that encourage loitering and /or would attract
minors to the store is prohibited, such as cigarettes, lottery ticket and
pornographic material sales, pinball and /or video games and newspaper stands;
3) All minors must be accompanied by an adult; 4) all employees must be 21
years of age or older; and 5) all employees receive extensive ID check training;
anyone appearing under the age of 50 is carded. As such, these self- imposed
mitigation measures, in addition to the conditions approval of this application, the
proposed use will not adversely affect adjoining land uses.
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 subject property is comprised of a 2.7 acre shopping center with one, 5,700
sq. ft. 1 -story building located along the northerly property line and one, 20,040
sq. ft., 1 -story building along the southerly property line. It maintains
Agenda Paae 9
approximately 384 feet of frontage on Firestone Boulevard, 112 feet of frontage
on Brookshire Avenue, and a depth of approximately 361 feet at its most easterly
property line. The existing buildings have been designed to accommodate
commercial uses, in conjunction to one another. The site provides 146 off - street
parking spaces, which represents a sufficient amount of parking spaces to
accommodate the proposed retail use and being that the use only requires 33
parking spaces. As such, the existing site size and shape is adequate to allow for
the full development of the proposed retail use.
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. The Final Environmental Impact Report
(FEIR) that was prepared for the Downey Vision 2025 General Plan (SCH
#2004031159), Chapter 2 - Circulation, Figure 2.1 -1 - Circulation Plan, classifies
Firestone Boulevard as a major arterial and Brookshire Avenue as a secondary
arterial. Figure 2.1 -2 — Existing Traffic Volumes in the same document shows the
existing Average Daily Traffic (ADT) volume, on Firestone Boulevard between
Lakewood Boulevard and Brookshire Avenue, is approximately 48,200 Vehicles
Per Day (VPD) and the adopted capacity as shown in Figure 2.1 -3, Projected
Traffic Volumes, Chapter 2 — Circulation in the FEIR is 58,600 VPD these
numbers demonstrate that Firestone Boulevard has sufficient capacity to absorb
any additional traffic the requested retail use may create.
SECTION 4. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN -15 -00100
(Conditional Use Permit), 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 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1 st day of July 2015.
Hector Lujan, Chairman
City Planning Commission
Aaenda Paae 10
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 18t day of
July 2015 by the following vote, to wit:
AYES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
NOES:
COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 11
EXHIBIT A — CONDITIONS OF APPROVAL
PLN -15 -00100 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -15 -00100 (Conditional Use Permit) authorizes the use of 8530
Firestone Boulevard, Suite 102, as an 8,141 sq. ft. retail store (BevMo), to operate with
the sale of alcoholic beverages for off -site consumption and to conduct educational
alcohol tastings with the following Alcohol and Beverage Control (ABC) licenses:
i) Type 21 (off -sale general) to allow the sale of alcoholic beverages for off -
site consumption;
ii) Type 42 (on -sale beer and wine, public premise) to allow educational
beer and wine tastings; and
iii) Type 86 (instructional tasting license) to allow educational spirits tastings.
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 shall comply with all conditions of approval for PLN -15 -00100
(Conditional Use Permit) before the Conditional Use Permit becomes valid.
5) The owner /applicant shall not permit any loitering on the property.
6) The 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 to attack, review, set aside,
void or annul the approval of this resolution, to challenge the approval of this resolution
on the basis of the California Environmental Quality Act, or to determine 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.
7) The allowance of a Type 42 (on -sale beer and wine, public premise) ABC license, is for
the sole purpose of permitting beer and wine tastings. At no time will there be allowed a
bar, tavern, night club, or the like to be located at this location, without the modification
of PLN -15 -00100 (Conditional Use Permit) or the application of a new Conditional Use
Permit.
8) Hours of operation shall be limited to 7:00 am to 11:00 pm, 7 days a week.
Agenda Page 12
9) Minors shall not be allowed in the store unless accompanied by an adult.
BUILDING
10) All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
11) The owner /applicant shall comply with American Disabilities Act (ADA) standards.
12) Prior to the commencement of any construction, the owner /applicant shall obtain all
required permits. Additionally, the owner /applicant shall obtain all necessary inspections
and permit finals prior to beginning operation of the site.
13) Occupancy loads shall be posted and comply with the 2013 California Building Code.
FIRE
14) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
PUBLIC WORKS
15) The owner /applicant shall obtain all necessary plan approvals and permits and shall
provide that the standards of improvements, construction materials and methods of
construction shall be in conformance with the Standard Plans and Specifications for
Public Works Construction and as modified by the City of Downey's Standards Plans
and Specifications.
16) The owner /applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES) requirements of the Federal Clean Water Act, the General
Construction Activities Stormwater Permit (GCASP) of the State Water Resources
Control Board, and Ordinance 1142 of the Downey Municipal Code (DMC) for all onsite
construction. Furthermore, the owner /applicant shall and is required to certify and
append Public Works standards as required by the LACoDPW Stormwater Quality
Management Plan (SQMP).
Agenda Page 13