HomeMy WebLinkAboutPC Resolution 15-2936RESOLUTION NO. 15 -2936
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00141 (CONDITIONAL USE PERMIT): A REQUEST TO
ALLOW AN EXISTING AUTOMOBILE GASOLINE STATION TO OPERATE WITH
A STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL TYPE 20 (OFF -SALE BEER & WINE, PACKAGE STORE) LICENSE,
ON PROPERTY LOCATED AT 9093 IMPERIAL HIGHWAY AND 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. An application was filed by Joseph Karaki & Dexter Riobuya, requesting approval
of a Conditional Use Permit (PLN -15- 00141), to allow an existing service station
to operate with an ABC Type 20 license, on property at 9093 Imperial Highway,
Downey, zoned C -2 (General Commercial);
B. On August 20, 2015, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published
in the Downey Patriot.
C. The Planning Commission held a duly noticed public hearing on September 2,
2015 and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, hereby adopted this Resolution No. 15-
2936, approving PLN -15 -00141 (Conditional Use Permit), subject to the
conditions of approval.
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. 15303 (Class 3), New Construction or
Conversion of Small Structures.
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:
A. That the request Conditional Use Permit will not adversely affect the intent
and purpose of this article 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 has a General Plan Land Use
Designation of General Commercial, which is being implemented by the C -2
(General Commercial) zone. The General Commercial area is intended to
provide commercial developments that are geared to the entire city and
surrounding areas. A service station with a retail component goes beyond the
needs of the immediate neighborhood and serves a customer base from
surrounding areas.
The requested conditional use permit for an ABC Type 20 license (Off -Sale Beer
& Wine — Package Store) to allow the sale of alcoholic beverages for off -site
Resolution No. 15 -2936
Downey Planning Commission
consumption 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 existing business has been in
operation since 1969 and 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 and it provides appropriate vehicular access from Imperial Highway
and Columbia Way.
B. 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.
The proposed building will be setback 48' from the adjacent residential property
to the north. The minimum required setback is 46'. Additionally, the applicant
has proposed a seven foot high decorative block wall along the northerly property
line to avoid any potential impacts. Live planter materials will be added to
enhance this area. 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.
C. 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 17,992 square
foot parcel with a 1,607 square foot 1 -story building. It maintains approximately
110 feet of frontage on Imperial Highway and a depth of 160 feet along Columbia
Way. The existing building has been designed to accommodate commercial
uses. The site provides seven off - street parking spaces, which represents a
sufficient amount of parking spaces to accommodate the existing use on site. As
such, the subject site size and shape is adequate to allow for the reconstruction
of the existing building.
D. That 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 bounded
by and accessible from Imperial Highway (a major arterial) and Columbia Way.
Because the business has been in operation since 1969, it is staff's opinion that the
use will generate a minimal amount of daily vehicle trips and the adjoining arterial
roadways have sufficient capacity to absorb this negligible increase. Traffic
generated by the proposed improvements will not impose an undue burden upon
the streets and highways in the area.
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 PLN -15- 00141,
subject to the Conditions of Approval attached hereto as Exhibit A — Conditions, 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 -00141 — 9093 Imperial Hwy
September 2, 2015 - Page 2
Resolution No. 15 -2936
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of September 2015.
Hector Lujan,tG a r n
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 2nd day of September
2015, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Morales, Flores and Owens
NOES: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: Rodriguez
Mary Cava agh, Secretary
City Planning Commission
PLN -15 -00141 — 9093 Imperial Hwy
September 2, 2015 - Page 3
Resolution No. 15 -2936
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -15 -00141 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -15 -00141 (Conditional Use Permit) permits the operation of a
Department of Alcoholic Beverage Control (ABC) Type 20 license (Off -Sale Beer & Wine
— Package Store) within a 1,607 sq. ft. convenience store, at an existing automobile
gasoline station, on property at 9093 Imperial Highway. Any deviations or exceptions
from said site plan, other than those authorized by this resolution or those that do not
impact other conditions, shall not be permitted without the approval by the Downey
Planning Commission.
2) 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.
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) Approval of this PLN -15 -00141 (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.
5) The owner /applicant shall comply with all conditions of Conditional Use Permit (PLN -15-
00141), before this conditional use permit becomes valid.
6) All signs shall comply with the requirements set forth in the Downey Municipal Code.
7) The Downey Planning Commission shall retain jurisdiction to amend or add conditions
with public notice to assure compatibility with the purpose and intent of the
Comprehensive Zoning Ordinance and to protect the public health, safety and general
welfare.
POLICE
8) Prior to selling alcoholic beverages, the owner /applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
PI-N-1 5-00141 — 9093 Imperial Hwy
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Resolution No. 15 -2936
Downey Planning Commission
9) 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).
10) The owner /applicant shall not permit any loitering on the subject site.
11) 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.
12) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
13) The Licensee shall be responsible for monitoring the business to prevent anyone from
smoking inside, pursuant to section 6404.5(b) of the California Labor Code.
14) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or
any property adjacent to the licensed premises.
15) 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.
16) The owner /applicant and licensee shall remove or paint over any graffiti painted or
unmarked upon the premises or on an adjacent area under control of the licensee, within
twenty -four (24) hours.
FIRE
17) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
PLN -15 -00141 — 9093 Imperial Hwy
September 2, 2015 - Page 5