HomeMy WebLinkAboutPC Resolution 17-3034RESOLUTION NO. 17-3034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT (PLN -17-00132) THEREBY
ALLOWING AN ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 86 (TASTING)
LICENSE FOR AN EXISTING LIQUOR/RETAIL STORE CURRENTLY
OPERATING WITH A TYPE 21 (OFF SALE GENERAL) LICENSE LOCATED AT
9956 LAKEWOOD BOULEVARD AND ZONED C-2 (GENERAL COMMERICAL)
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 August 4, 2017, an application was filed by Flower Huizar (Trading Post)),
requesting approval of a Conditional Use Permit (PLN -17-00132), to allow a
State of California, Department of Alcoholic Beverage Control (ABC) Type 86
(Tasting) license at "Trading Post" liquor/retail store on property located at 9956
Lakewood Boulevard, and zoned C-2 (General Commercial); and
B. On August 31, 2017, the application was deemed complete; and
C. On September 7, 2017, 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; and
D. The Planning Commission held a duly noticed public hearing on September 20,
2017 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 requested 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 requested conditional use permit for an ABC Type 86 (Instructional Tasting License)
to allow educational tastings of beer, wine and spirits 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. Since 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, and the size and shape of the subject
property meet the City's development standards for the C-2 zone. As such, the use
satisfies the parking requirements for retail uses and there exists appropriate vehicular
access from Lakewood Boulevard.
Resolution No. 17-3034
Downey Planning Commission
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 orderly commercial development with a
variety of uses. According to City records, the site has been a liquor/retail establishment
since at least 1988. The addition of an ancillary instructional tasting use, with strict ABC
regulations which limit serving size (one one-fourth of an ounce of distilled spirits, one
ounce of wine and no more than eight ounces of beer) person per day), within a limited
area (a cordoned off 10' by 10' space) within the existing store, and direct supervision
from the licensee or license holder; such use meets the intent of the C-2 zone and no
adverse impacts are anticipated to persons residing or working in the neighborhood.
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 requested conditional use permit will not adversely affect the adjoining land uses
and growth and development of the area since the existing shopping center was
constructed in 1979 and the entire area is built -out with commercial and residential
development. The addition of the Type 86 license does not expand the physical footprint
of the existing store or require new parking. The tastings will be conducted in the interior
of an existing business and tasting hours are limited to 10:00 a.m. to 9:00 p.m. and
limited to a maximum of two events per month. Subsequently, the addition of a Type 86
to the existing liquor/retail store will not adversely impact growth and development of
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 approximately 24,111 square feet. The 1,800 square -foot
liquor/retail store is situated in shopping center that was developed in 1979 along a
commercial corridor (Lakewood Boulevard). Since the development on the site has
already been approved and has had a Type 21 license since 1988, the addition of the
ancillary Type 86 license does not expand an existing use and will not be detrimental to
the particular area.
D. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
Potential traffic generated by the Type 86 tasting license was taken into consideration
during DRC review. The proposed instructional tastings are temporary events and will
not expand the use of the existing development site nor increase traffic measurably to
the site. The added instructional tastings 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 the Conditional Use Permit,
subject to the Conditions of Approval attached hereto as Exhibit A — Conditions of Approval,
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.
9956 Lakewood Blvd — PLN -17-00132
September 20, 2017 - Page 2
Resolution No. 17-3034
Downey Planning Commission
(Signatures on next page)
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of September 2017.
� r
Jim Rodriguez, Chainan
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 20th day of
September 2017, by the following vote, to wit:
AYES:
Rodriguez, Owens, Flores,
NOES:
None
ABSENT:
None
ABSTAIN:
None
Dominguez and Duarte
Mary Ca4nagh, Secretary
City Planning Commission
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Resolution No. 17-3034
Downey Planning Commission
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT - PLN -17-00132
PLANNING
1) The approval of Conditional Use Permit (PLN -17-00132) permits a State of California,
Department of Alcoholic Beverage Control (ABC) Type 86 (Tasting) license at "Trading
Post" liquor/retail store on property located at 9956 Lakewood Boulevard. This approval
authorizes the on-site instructional tasting of alcoholic beverages (Type 86 License) in
conjunction with the operation of an existing liquor/retail store with a Type 21 License
(Off -sale General) authorizing the off-site sale of beer, wine, and distilled spirits.
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 conditional
use permit 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 business operator shall obtain the proper approval and license from the
California Department of Alcohol and Beverage Control,
5) Upon six months of approval of the conditional use permit, a monitoring report shall be
presented to the Planning Commission listing all tasting events and any related nuisance
or police activity.
6) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
7) 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.
8) The instructional tasting events shall be limited to two (2) events per month and may
only take place between the hours of 10:00 a.m. and 9 p.m. with a duration of no more
than three hours, including preparation and cleanup.
9) Customers shall not be within the business after the specified closing time.
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Resolution No. 17-3034
Downey Planning Commission
10) There shall be no live entertainment within the business at any time. At no time shall the
retail/liquor store be festooned as a bar, tavern, night club, or the like.
11) Other than the specified "Instructional Tasting Events," no alcoholic beverages shall be
consumed on-site. No charge of any sort shall be made for the tastings.
12) The instructional tasting of beer, wine, and distilled spirits shall be limited to store
customers of legal drinking age of 21 years of age. A sign shall be posted during the
instructional tasting that no one under the age of 21 is allowed in the instructional
tasting area. This shall be monitored by all vendor and management staff through the
verification of valid identification.
13) The sale of the alcohol is prohibited within the tasting event area.
14) The instructional tasting event shall be limited to a 10'-0" x 10'-0" square foot
tasting area defined by flex barriers (a rope, cord or chain which will serve as a
temporary barrier during the tasting event). No consumption of alcoholic beverages
shall occur outside of the tasting area.
15) Per the Alcohol Beverage Control Board (ABC), a single tasting of distilled spirits cannot
exceed one-fourth of an ounce and single tastings of wine shall not exceed one ounce.
No more than three tastings of distilled spirits or wine shall be provided to any person
per day. The tasting of beer is limited to eight ounces per person per day. The wine,
beer, or distilled spirits tasted shall be limited to products that are authorized to be sold
by the holder of the Type 86 license under its requisite off -sale license.
16) Signs advertising brands and types of alcoholic beverages or the availability of alcohol
for sale at the subject site shall not be visible from the exterior of the premises.
17) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
18) 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.
POLICE
19) Prior to selling alcoholic beverages, the owner/Applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
20) A copy of this Conditional Use Permit and any Police Department 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.
21) 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). Signs
shall be posted along the exterior patio and shall also include verbiage prohibiting the
possession and consumption of alcohol outside the premises.
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Resolution No. 17-3034
Downey Planning Commission
22) The owner/applicant shall not permit any loitering on the subject site.
23) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing alcohol.
24) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the ABC to the applicant and any applicable regulations of ABC.
25) The following preventive measures shall be undertaken to reduce the potential for
alcohol related problems:
a. All employees selling or serving alcohol shall be required to participate in an
alcohol training program offered by the ABC or equivalent prior to the
operation of selling/serving alcohol; and
b. A variety of non-alcoholic beverages shall be made available within the market
place.
26) Phone numbers and/or websites for alternative transportation services (taxis, Uber and
Lyft) shall be posted in a conspicuous location at all times in the area where alcohol is
served to customers.
FIRE
27) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
28) Approved occupant load signage shall be installed in accordance with CFC 2013 Section
1004.3.
29) Installation of approved Fire Department premises (address) identification (if not already
in place and meeting current code) [CA Fire Code 505].
30) Installation of approved Fire Department access — Knox Box [CA Fire Code 506].
31) Additional required fire code requirements may be required at time of plan review and/or
field inspection.
END OF CONDITIONS
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