HomeMy WebLinkAboutPC Reso 10-2658RESOLUTION NO. 10-2658
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -10-08001),
THEREBY ALLOWING A CONVENIENCE STORE TO OPERATE WITH AN
ALCOHOLIC BEVERAGE CONTROL TYPE 20 (OFF -SALE BEER AND WINE)
ON PROPERTY LOCATED AT 7371 FLORENCE AVENUE, ZONED C-2 & P -B
(GENERAL COMMERCIAL AND PARKING BUFFER).
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 June 2, 2010, the applicant submitted an application for a Conditional Use
Permit, to allow a proposed 7-11 to replace the existing liquor store. After a review
by staff, the application was deemed incomplete pending the applicant submitting
additional information. On August 17, 2010, the applicant submitted the remaining
information needed to deem the application complete; and,
B. On August 17, 2010, staff deemed the application complete; and,
C. On August 20, 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;
and,
D. The Planning Commission held a duly noticed public hearing on September 1, 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. 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:
1. The requested Conditional Use Permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood thereof. General Plan
Policy No. 8.2.1 states, "Promote compliance with code regulations" and Policy 8.2.2
states, "Promote the upgrading of properties." Approval of this Conditional Use
Permit will be consistent with these policies since 7-11 will refurbish the tenant
space, remove the unsightly news racks, remove the illegal signs from the windows,
and provide landscaping on the corner of the site. This action will provide a general
upgrade to the property and the surrounding area overall.
2. 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 subject site
is in a fully developed area of the City, with little to no vacant properties in the
immediate area. Inasmuch as the proposed use will occupy an existing tenant space
(no additions to the building are being proposed), this use will not prevent
Resolution No. 10-2658
Downey Planning Commission
surrounding properties from being developed/redeveloped. Notwithstanding this,
several conditions of approval are being imposed to prevent the use from being a
burden onto others. These conditions are necessary to avoid any adverse affects on
the adjoining properties.
3. 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 proposed use will be contained within an existing tenant space and does not
require an expansion of the building. Even though minimal site improvements are
being proposed in order to upgrade the appearance of the property, these
improvements will not impact the existing uses on the site or other properties in the
area.
4. 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 on the northwest corner of
Florence Avenue and Tecum Road, with arterial access being mainly provided from
Florence Avenue. The surrounding streets and highways in the area have sufficient
capacity to accommodate the minimal increase in traffic that might be generated by the
business.
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 (PLN -10-08001), subject to conditions of approval attached hereto as Exhibit A,
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
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1s' day of S e0—r,2010.
2010.
Louis Modes, 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 1" day of
September, 2010, by the following vote, to wit:
AYES: COMMISSIONERS: Lambros, Murray, Kiefer, Vasquez, Morales
NOES: COMMISSIONERS: None
Theresa Donahue, Secretary
City Planning Commission
Conditional Use Permit (PLN -10-08001) — 7371 Florence Ave
September 1, 2010 - Page 2
Resolution No. 10-2658
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -10-08001)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit (PLN -10-08001) permits the operation of a
convenience store with a Department of Alcoholic Beverage Control Type 20 (off -sale
beer and wine) license.
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 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) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
5) The convenience store shall be permitted to operate 24 -hours a day, seven (7) days a
week.
6) Alcohol sales shall not be permitted between 2:00 a.m. and 6:00 a.m. every day.
7) Alcohol shall not be sold to persons under the age of 21.
8) The business operator shall not allow alcohol to be consumed on site.
9) The business operator shall not allow customers, or other persons, to loiter in front of the
business.
10) 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.
11) All signs shall comply with the requirements set forth in the Downey Municipal Code.
12) Prior to the final of building permits, the applicant/property owner shall remove all pipe
bollards from the front and side of the business. Should the applicant/property owner
wish to maintain bollards, decorative metal or decorative concrete bollards may be
permitted. Prior to the installation of new bollards, the applicant shall obtain approval of
from the City Planner on the appearance of the bollards.
13) The 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.
14) A copy of the Conditional Use Permit and 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.
Conditional Use Permit (PLN -10-08001) — 7371 Florence Ave
September 1, 2010 - Page 3
Resolution No. 10-2658
Downey Planning Commission
BUILDING
15) All construction shall comply with the 2007 California Building Code and Title 24 of the
California Energy Code.
16) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
17) The applicant shall clearly post the maximum occupancy, as determined by the Building
Official. The applicant shall not permit the actual occupancy of the building to exceed
the maximum allowed.
FIRE
18) All construction shall comply with the 2007 California Fire Code.
19) Based on the permit valuation of the submitted plans the following may be required:
a) Fire Sprinkler System
b) Fire Alarm System.
PUBLIC WORKS
20) The owner hereby consents to the annexation of the property into the Downey City
Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and/or Division 2 of the Government
Code of the State of California.
21) The applicant shall install all new utilities associated with this project underground
22) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub -standard curb,
gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage,
shall be replaced to the satisfaction of the Public Works Department. Please contact the
Public Works Inspection Office at (562) 904-7110 to have these areas identified on the
plans just prior to applying for a Building Permit. The owner/ applicant shall obtain all
necessary plan approvals and permits and shall provide that the standards of
improvements, construction materials, and methods of construction shall be in
conformance with the Standard Plans and Specification for Public Works Construction
and as modified by the City of Downey's Standard Plans and Specifications.
23) Any construction activity within the scope of work of this project shall comply with the
National Pollutant Discharge Elimination System (NPDES) requirements of the Federal
Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the
State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County
Department of Public Works, and Ordinance 1142 of the Downey Municipal Code.
24) Ingress/egress access to the site from Florence Avenue shall be restricted to right turn in
and right turn out movements along Florence Avenue frontage. Applicant shall post on-
site Right Turn Only signs
25) Prior to final of building permits, the applicant shall remove all construction graffiti
created as part of this project from the public right of way and on the subject site. (End)
Conditional Use Permit (PLN -10-08001) — 7371 Florence Ave
September 1, 2010 - Page 4