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Home My WebLink AboutPC Reso 11-2703RESOLUTION NO. 11-2703 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -11-00038), THEREBY ALLOWING THE OPERATION OF A MARKET WITH AN ABC TYPE 21 (OFF SALE, GENERAL) LICENSE ON PROPERTY LOCATED AT 8320 STEWART AND GRAY ROAD, ZONED C-1 (NEIGHBORHOOD 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. February 7, 2011, the applicant submitted a Conditional Use Permit (PLN -11-00038) application, requesting to operate market with an ABC Type 21 (off sale, general) license; and, B. On February 28, 2011, the Conditional Use Permit application was deemed complete; and, C. On March 3, 2011, notice of the pending application published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on March 16, 2011 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: 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. The subject site is located within the C-1 (Neighborhood Commercial) and has a General Plan Land Use Designation of neighborhood Commercial. It is the intent and purpose of both the Zoning District and the Land Use Designation to provide limited goods and services that are needed by the immediate locality. Allowing alcohol sales at the subject site would serve the immediate area since markets of this size and type typically draw customers from the adjoining residential areas in comparison to larger markets that draw customers from the entire city. Furthermore, approval of the Conditional Use Permit will provide a convenience to people who live in the area and enjoy alcoholic beverages, since it will provide a local market to obtain said beverages. 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 Resolution No. 11-2703 Downey Planning Commission (no additions to the building are being proposed), this use will not prevent 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. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Access to the subject site is from Downey Avenue and Stewart and Gray Rd. The city has reviewed the proposal and any potential increase in traffic caused by operation of the business. 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. Furthermore, the existing use of the site is a market, of which the operation did not impact surrounding streets. 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 -11-00038), 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 16th day of March, 2011. Robert Kiefer, Chair an 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 16th day of March, 2011, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Garcia, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Morales, Murray Theresa Donahue, Secretary City Planning Commission Conditional Use Permit (PLN -11-00038) — 6320 Stewart and Gray March 16, 2011 - Page 2 Resolution No. 11-2703 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -11-00038) EXHIBIT A - CONDITIONS P1 Ammllmr. 1) The approval of Conditional Use Permit (PLN -11-00038) permits a market to operate with an ABC Type 21 (off sale, general) 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. Applicant shall operate the business in compliance with all applicable Federal, State, County, and City laws and regulations. 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 applicant shall obtain all required approvals and permits for the State of California Department of Alcoholic Beverage Control. 6) The business shall be permitted to operate 7:00 a.m. until 11:00 p.m., Sunday through Thursday; and 7:00 a.m. until midnight, Friday and Saturday. 7) All signs shall comply with the requirements set forth in the Downey Municipal Code. 8) Windows shall be kept free and clear, except for permitted signs, such that the entire business is visible from the exterior of the space. 9) The sale of alcohol for on-site consumption shall be prohibited. 10) The applicant shall post prominent, permanent, and clearly visible sign that states "No open alcoholic beverage containers are allowed on these premises." 11) The applicant shall prominent and permanent sign that is clearly visible to the outdoor tables that states "No loitering is allowed on or in front of these premises." 12) Any graffiti placed on the exterior of the business shall be removed within 48 hours of placement. 13) The rear door on the south side of the tenant space shall remain closed at all times, except to permit employee ingress and egress. 14) Six (6) months after the commencement of alcohol sales at the site, the Planning Commission shall conduct a review of the Conditional Use Permit to ensure the applicant is in compliance with the CUP. Said review shall be conducted in a duly noticed public hearing. During the public hearing, the Planning Commission may approve the review, modify the conditions of approval, extend the review period, or begin revocation proceedings. Conditional Use Permit (PLN -11-00038) — 8320 Stewart and Gray March 16, 2011 - Page 3 Resolution No. 11-2703 Downey Planning Commission 15) A copy of the Conditional Use 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. 16) To the extent allowable by law, the applicant agrees to indemnify and hold harmless City, and City's Officers, officials, employees, agents and volunteers from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, including attorney's fees, incurred by City or held to be the liability of City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court or before any agency challenging the City's actions with respect to this application. Applicant understands and acknowledges that City is under no obligation to defend any legal actions challenging the City's actions with respect to the application. H:\PLANNING\RESOS\PC\2011\1 1-2703.doc Conditional Use Permit (PLN -11-00038) — 8320 Stewart and Gray March 16, 2011 - Page 4