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HomeMy WebLinkAboutPC Reso 11-2738RESOLUTION NO. 11-2738 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN CASE NO. 11-00226 (CONDTIONAL USE PERMIT) -A REQUEST FOR APPROVAL OF A STATE OF CALIFORNIA ALCOHOLIC BEVERAGES CONTROL TYPE 21 LICENSE (OFF SALE GENERAL, PACKAGE LIQUOR STORE), TO AUTHORIZE THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR CONSUMPTION OFF THE PREMISES OF PRICE'S LIQUOR AT 8659 FLORENCE, 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. On September 7, 2011, March 16, 2011, Le Nguyet To (hereinafter "Applicant") filed a Planning Application to request approval of a conditional use permit (PLN Case No. 11-00226) to sell beer, wine and distilled spirits for off-site consumption at Price's Liquor Store, located at 8659 Florence Avenue (hereinafter "subject property"). B. The subject property is zoned C-2 (General Commercial). C. The General Plan designation of the subject property is GC (General Commercial.) D. On October 20, 2011, notice of the pending public hearing was sent to all property owners within 500' of the subject site and the notice was published in the Downey Patriot on October 20, 2011. E. The Planning Commission held a duly noticed public hearing on November 2, 2011, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 11-2738, approving PLN 11-00226. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearing, 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, wine and distilled spirits for off-site consumption will not Resolution No. 11-2738 Downey Planning Commission 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. B. The requested conditional use permit to operate the liquor store with a Type 21 Alcohol Beverage Control license will not adversely affect the adjoining land uses, because the proposed sale of beer, wine and distilled spirits is for off-site consumption and because conditions of approval for this project will prohibit customers from loitering. The subject property developed with buildings and off- street parking facilities in place, and the adjacent properties are 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. The subject property is easternmost of two distinct parcels that comprise a shopping center at the northwest corner of Florence Avenue and Tristan Drive. It covers 8,567 square feet of land, while the larger parcel is 23,527 square feet large. Combined, the parcels total 32,094 square feet of land (0.74 acre). Two buildings comprise this development: a retail building comprised of eight (8) in- line tenant spaces near the Florence Avenue frontage of the site, and a smaller building at the rear of the property that encompasses another tenant and two garages. The buildings cover less than 50% of 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. SECTION 3. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to comply with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). 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 PLN -11-00226 (Conditional Use Permit), 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. PLN -11-00226 (Conditional Use Permit) — 8659 Florence Ave November 2, 2011 - Page 2 Resolution No. 11-2738 Downey Planning Commission SECTION 5. This Conditional Use Permit shall become null and void unless use 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 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of November 2011. Robert Kiefer, 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 2nd day of November 2011, by the following vote, to wit: AYES: COMMISSIONERS: Garcia; Morales, Lujan, Kiefer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Murray ABSENT: COMMISSIONERS: None A- - x "a Theresa Donahue, Secretary City Planning Commission PLN -11-00226 (Conditional Use Permit) — 8659 Florence Ave November 2, 2011 - Page 3 Resolution No. 11-2738 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -11-00226) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN -11-00226 (Conditional Use Permit) establishes the operation of a liquor store with a State of California Department of Alcoholic Beverage Control Type 21 license (Off -Sale General Package Liquor Store) to sell beer, wine and distilled spirits for off-site consumption at 8659 Florence Avenue. 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 sale of alcohol for on-site consumption shall be prohibited. 4) The applicant shall post prominent, permanent, and clearly visible sign that states, "No open alcoholic beverage containers are allowed on these premises." 5) 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. 6) All conditions of -approval -set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 7) The convenience store shall be permitted to operate 24 -hours a day, seven (7) days a week. 8) The rear door on the north side of the tenant space shall remain closed at all times, except to permit employee ingress and egress. 9) Alcohol sales shall only occur between the hours of 12:00 PM and 12:00 AM, seven (7) days a week. 10) Alcohol shall not be sold to persons under the age of 21. 11) The business operator shall not allow alcohol to be consumed on site. 12) The business operator shall not allow customers, or other persons, to loiter in front of the business. 13) 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. 14) All signs shall comply with the requirements set forth in the Downey Municipal Code. PLN -11-00226 (Conditional Use Permit) — 8659 Florence Ave November 2, 2011 - Page 4 Resolution No. 11-2738 Downey Planning Commission 15) 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. 16) 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. 17) Windows shall be kept free and clear, except for permitted signs, such that the entire business is visible from the exterior of the space. 18) The owner/applicant shall not permit anyone to live in a motor home on the premises, nor shall a motor home be kept or stored on the premises. 19) The owner shall patch and slurry seal the existing asphalt parking lot within 90 days of this adopted resolution. 20) The owner/applicant shall install a Knox Box entry system with a master key for entry into the building. 21) The owner/applicant shall obtain all necessary plan approvals and permits. 22) The owner/applicant shall post an "Emergency Exit" sign above doorways to direct patrons outside of the building, within 30 days of -this -adopted resolution. 23) An approved Automatic Fire Extinguishing System installed in accordance with nationally recognized standards shall protect the building throughout. 24) The owner/applicant shall install 10" address numerals on the exterior of the building. H:\Community Development\Planning Commission\Resolutions\201 1 \1 1-2738.doc PLN -11-00226 (Conditional Use -Permit) — 8659 Florence Ave November 2, 2011 - Page 5