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HomeMy WebLinkAboutPC Reso 10-2631RESOLUTION NO. 10-2631 A -RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 10-07 FOR AN EXISTING VALERO GASOLINE SERVICE STATION TO OPERATE WITH AN ALCOHOL BEVERAGE CONTROL TYPE 20 (OFF -SALE BEER AND WINE) LICENSE ON PROPERTY LOCATED AT 10030 LAKEWOOD BOULEVARD, 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 Mr. Amir Rajabali, (hereinafter "Applicant") requesting approval of Conditional Use Permit No. 10-07 to operate an existing Valero Gasoline Service Station with an Alcohol Beverage Control Type 20 license, which would allow him to sell beer and wine for off-site consumption. B. The subject property is located at 10030 Lakewood Boulevard and it is zoned C-2 (General Commercial). C. The Planning Commission held a duly noticed public hearing on March 3, 2010, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, continued the public hearing to April 7, 2010, and directed staff to address the concerns presented by the Commission. D. On April 7, 2010, the Planning Commission reconvened to consider the request and after further deliberation, adopted Resolution No. 10-2631, approving Conditional Use Permit 10-07. SECTION 2. 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. The intent and purpose of the Downey Municipal Code are to provide a comprehensive Zoning Ordinance to regulate the use of buildings and land in the City. The regulations are necessary to encourage the most appropriate use of land and to protect the public health, safety and welfare, in accordance with the City's General Plan. The General Plan serves as a guide to the long term physical development and growth of the City. It establishes policies for determining where certain land uses are most desirable. The subject property is zoned C-2 (General Commercial) and its General Plan designation is G -C (General Commercial). The requested conditional use permit to allow the sale of beer and wine for off-site consumption will not adversely affect the purpose and intent of the Downey Municipal Code because the C-2 zone is intended to provide for and encourage the orderly development of commercial uses, with a variety of goods and services for residents, of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related and compatible with adjacent non-commercial development and because Table 9.3.5 of the Code lists liquor stores and other off -sale alcohol establishments as uses that require a conditional use permit in the C-2 Zone. Resolution No. 10-2631 Downey Planning Commission B. The proposed 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 to operate the Valero gasoline service station with a Type 20 Alcohol Beverage Control license will not adversely affect the adjoining land uses, because the proposed sale of beer and wine is for off- site consumption and conditions will prohibit customers from loitering. The subject property is fully developed with buildings, off-street parking facilities and landscaping in place, the adjacent properties are fully developed with office and retail/commercial uses; consequently, the proposed use will not affect growth and development in the area C. The size and shape of the site is adequate to allow the project in a manner not detrimental to the particular area because the site is fully developed. It contains over 29,000 square feet of land area, with three (3) existing buildings that cover less than 30% of the site. The requested conditional use does not propose any physical changes to the buildings or to the site. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Vision 2025, the Downey general Plan, identifies Florence Avenue and Lakewood Boulevard as major arterials. Major arterials provide access to the freeway system and serve as through routes for traffic crossing the City when freeways are not available. Therefore, Florence Avenue and Lakewood Boulevard would be able to absorb any additional traffic the requested conditional use may create. E. The environmental impact of the proposed development has been reviewed and has been found to comply with the California Environmental Quality Act (C.E.Q.A.) and is categorically exempt, Class 1 (existing facilities). SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the Planning Commission of the City of Downey hereby approves Conditional Use Permit 10-07, subject to conditions of approval attached hereto as Exhibit A. SECTION 4. This conditional use permit shall become null and void unless construction has commenced within one year of this approval and pursued diligently to completion or a one- year extension of time granted by the Downey Planning Commission, pursuant to Section 9824 of the Downey Municipal Code. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of ,April 2010. -ouis Mor es, Chairman City Pla Ing Commission Conditional Use Permit 10-07 10030 Lakewood Boulevard April 7, 2010 - Page 2 Resolution No. 10-2631 Downey 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 7th day April 2010, by the following vote, to wit: AYES: COMMISSIONERS: Kiefer, Vasquez, Lambros, Morales NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Murray ABSENT: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission Conditional Use Permit 10-07 10030 Lakewood Boulevard April 7, 2010 - Page 3 Resolution No. 10-2631 Downey Planning Commission CONDITIONAL USE PERMIT 10-07 EXHIBIT A - CONDITIONS 1) This approval of Conditional Use Permit 10-07 to sell beer and wine for off-site consumption at the Valero Gas Station mini -mart, located at 10030 Lakewood Boulevard, as shown on the approved site plan and floor plan received by the Downey Planning Division January 20, 2010. 2) 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. 3) 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. 4) 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. 5) All conditions of CUP No. 10-07 shall be complied with before this Conditional Use Permit becomes valid. 6) The owner/applicant shall obtain all necessary approvals and permits from the California State Department of Alcoholic Beverages Control Department, including a Type 20 License, before selling any alcoholic beverages on the premises. 7) The permitted sale of beer and wine at the subject site shall be restricted to off-site consumption only. Customers shall not be permitted to loiter on the premises. 8) The sales of alcoholic beverages permitted by the Type 20 license shall only occur between the hours of 8:00 A.M. to 10:00 P.M., seven days per week. 9) The Owner/Applicant shall operate this business on the subject property in compliance with the City of Downey's use regulations for properties located within the C-2 (General Commercial) zone. 10) The Owner/Applicant shall operate this business on the subject property in compliance with all Federal, State and local codes, including the Downey Municipal Code. 11) This approval is for a six-month trial period to expire October 7 2010. The Planning Commission, upon request by the applicant at a subsequent public hearing, may extend the time of this approval for the sale of beer and wine for off-site consumption, if it determines that the use has not resulted in complaints or disturbances to surrounding property owners, or violations of the Downey Municipal Code. 12) The owner/applicant shall be responsible for ensuring the subject property is free of litter and graffiti. Conditional Use Permit 10-07 10030 Lakewood Boulevard April 7, 2010 - Page 4