HomeMy WebLinkAboutPC Resolution 15-2926RESOLUTION NO. 15 -2926
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).
Resolution No. 15 -2926
Downey Planning Commission
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 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
PLN -15 -00100 (Conditional Use Permit) — 8530 Firestone Blvd., Suite 102
July 1, 2015 - Page 2
Resolution No. 15 -2926
Downey Planning Commission
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.
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.
PLN -15 -00100 (Conditional Use Permit) — 8530 Firestone Blvd., Suite 102
July 1, 2015 - Page 3
Resolution No. 15 -2926
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1St day of July 2015.
r *44
Hector L jan, Chairman
City 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 1 s day
of July 2015 by the following vote, to wit:
AYES:
COMMISSIONERS:
Lujan, Flores, Morales, Rodriguez and Owens
ABSENT:
COMMISSIONERS:
None.
ABSTAIN:
COMMISSIONERS:
None.
NOES:
COMMISSIONERS:
None.
Mary lbavanagh, Sea ljetary
City Planning Commission
PLN -15 -00100 (Conditional Use Permit) — 8530 Firestone Blvd., Suite 102
July 1, 2015 - Page 4
Resolution No. 15 -2926
Downey Planning Commission
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.
PLN -15 -00100 (Conditional Use Permit) — 8530 Firestone Blvd., Suite 102
July 1, 2015 - Page 5
Resolution No. 15 -2926
Downey Planning Commission
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.
9) Minors shall not be allowed in the store unless accompanied by an adult.
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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.
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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).
PLN -15 -00100 (Conditional Use Permit) — 8530 Firestone Blvd., Suite 102
July 1, 2015 - Page 6