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Home My WebLink AboutPC Reso 10-2636RESOLUTION NO. 10-2636 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 10-21 TO PERMIT A TYPE 20 ALCOHOLIC BEVERAGE LICENSE (OFF -SALE BEER & WINE) AT THE EXISTING WALGREENS LOCATED AT 9018 FIRESTONE BOULEVARD, ZONED SP -91-2 (LAKEWOOD/ FIRESTONE SPECIFIC PLAN). 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 March 17, 2010, Mr. Robert M. Silveman (Walgreens Company) and Matt Dzurec (Armbruster Goldsmith & Delvac LLP) (hereinafter "Applicants") filed an application with the City of Downey requesting approval of Conditional Use Permit No. 10-21 to permit a Type 20 Alcoholic Beverage Control license (off -sale beer and wine) at the Waldreens drug store located at 9018 Firestone Boulevard, zoned SP -91-2 (Specific Plan 91-2) (hereinafter "subject property") (Assessor Parcel No. 6284-006-023); B. On February 15, 2006, the Planning Commission approved Conditional Use Permit No. 05 -50 for a drive—through lane for a pharmacy through Resolution No. 2430. Planning Commission also approved Zone Variance No. 05-52 to exceed the maximum lot coverage through Resolution No. 2431. Both resolutions do not prevent the applicant from obtaining an off -sale alcohol license; C. On April 19, 2010, staff deemed the application for Conditional Use Permit No. 10-21 complete, thus allowing it to be scheduled for public hearing; D. On April 23, 2010, notice of the pending application was mailed to all property owners within 500' of the subject site and published in the Long Beach Press -Telegram on April 23, 2010; and, E. The Planning Commission held a duly noticed public hearing on May 5, 2010 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. This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), per CEQA Guidelines Section 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 subject property is zoned SP -91-2 (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 Resolution No. 10-2636 Downey Planning Commission and intent of the Downey Municipal Code because the SP -91-2 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. Additionally, Section III (c)(2) of SP -91-2 lists liquor stores and other off -sale alcohol establishments as uses that require a conditional use permit. 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 to operate the Walgreens drug store 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 retail/commercial uses; consequently, the proposed use will not affect growth and development in the area. 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; That the size and shape of the site proposed for the are adequate to allow the particular area, because the subject property has been utilized as a drug store since July 2009, with sufficient off-street parking in place. In addition, the square footage of the building is not being expanded. The requested conditional use does not propose any physical changes to the buildings or to the site. D. 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. Firestone Boulevard and Lakewood Boulevard serve the project site and are both classified as a PrimaryArterial Highway on the City's Master Plan of Streets and Highways in the General Plan Vision 2025. Major arterials provide access to the freeway system and serve as through routes for traffic crossing the City when freeways are not available. Additionally, the subject property has been in operation since 2008 and its traffic volumes have not adversely impacted Firestone and Lakewood Boulevard. It would be able to absorb any additional traffic the requested use may create. 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 10-21, 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. CUP 10-21 — 9018 Firestone Boulevard May 5, 2010 - Page 2 Resolution No. 10-2636 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of May r.� City PI 0, es, Chairman ng 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 5,h day May 2010, by the following vote, to wit: AYES: COMMISSIONERS: Lambros, Murray, Kiefer, Vasquez, Morales NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 94,Berta LL o P Theresa Donahue, Secretary City Planning Commission CUP 10-21 — 9018 Firestone Boulevard May 5, 2010 - Page 3 Resolution No. 10-2636 Downey Planning Commission CONDITIONAL USE PERMIT NO. 10-21 EXHIBIT A — CONDITIONS 1) This approval of Conditional Use Permit 10-21 allows the sale of sell beer and wine for off- site consumption at the Walgreens drug store, located at 9018 Firestone Boulevard, as shown on the approved site plan and floor plan received by the Downey Planning Division March 17, 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. 10-21 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) This approval is for a six-month trial period beginning with the date the applicant receives approval from the State of California, Department of Alcoholic Beverages Control. Staff will return back to Planning Commission after the six-month trial period. 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. 11) The owner/applicant shall be responsible for ensuring the subject property is free of litter and graffiti. CUP 10-21 — 9018 Firestone Boulevard May 5, 2010 - Page 4