HomeMy WebLinkAboutPC Resolution 15-2954RESOLUTION NO. 15 -2954
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00191 (CONDITIONAL USE PERMIT): A REQUEST TO
ALLOW AN EXISTING GASOLINE SERVICE STATION WITH CONVENIENCE
STORE 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 7360 FIRESTONE
BLVD 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 Sherrie Olson (representative for United Oil),
requesting approval of a Conditional Use Permit (PLN -15- 00191), to allow an
existing service station to operate with an ABC Type 20 license, on property at
7360 Firestone Blvd, Downey, zoned C -2 (General Commercial);
B. On November 19, 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 December 2,
2015 and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
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 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 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
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 2000 and is compatible with the development patterns in the
Resolution No. 15 -2954
Downey Planning Commission
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 Firestone
Boulevard and Old River School Road.
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 project site is approximately 300' from the residential property to the south.
Also, there is an existing commercial center located immediately south of the
project site that serves as a buffer between the service station and the residential
property. As such, staff finds that, in addition to the conditions of approval for this
application, the proposed ABC Type 20 license 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 33,250 square
foot parcel with a 1,377 square foot one -story minimart structure. It maintains
226 feet of frontage along Old River School Road and 218 feet on Firestone
Boulevard. The existing building has been designed to accommodate commercial
uses. The site provides eleven off - street parking spaces, which represents a
sufficient amount of parking spaces to accommodate the existing use on site. As
such, the size and shape of the subject site are 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 Firestone Blvd (a major arterial) and Old River School
Road. Because the business has been in operation since 2000, it is staffs 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- 00191,
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 -00191 — 7360 Firestone Blvd
December 2, 2015 - Page 2
Resolution No. 15 -2954
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of December 2015.
Xectorujan, 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 2nd day of December
2015, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Morales, Rodriguez and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Flores
ABSTAIN: COMMISSIONERS: None
Mary Cavfanagh, SecreWy
City Planning Commission
CONDITIONS OF APPROVAL
PLN -15 -00191 — 7360 Firestone Blvd
December 2, 2015 - Page 3
Resolution No. 15 -2954
Downey Planning Commission
PLN -15 -00191 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -15 -00191 (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 1,377 sq. ft. convenience store, at an existing automobile
gasoline station, on property at 7360 Firestone Blvd. 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 sale of all alcoholic beverages for on -site consumption is prohibited.
3) 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.
4) 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.
5) Approval of this PLN -15 -00191 (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.
6) The owner /applicant shall comply with all conditions of Conditional Use Permit (PLN -15-
00191), before this conditional use permit becomes valid.
7) All signs shall comply with the requirements set forth in the Downey Municipal Code.
8) 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.
BUILDING
9) Any proposed on -site improvements shall comply with the 2013 California Building Code
and Title 24 of the California Energy Code.
PLN -15 -00191 — 7360 Firestone Blvd
December 2, 2015 - Page 4
Resolution No. 15 -2954
Downey Planning Commission
10) The applicant/business operator shall obtain all required permits for the sale of alcoholic
beverages for off -site consumption.
POLICE
11) Prior to selling alcoholic beverages, the owner /applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
12) 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).
13) The owner /applicant shall not permit any loitering on the subject site.
14) 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.
15) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
16) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.).
17) 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.
18) 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
19) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
PLN -15 -00191 — 7360 Firestone Blvd
December 2, 2015 - Page 5