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Home My WebLink AboutPC Reso 12-2755RESOLUTION NO. 12-2755 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -12-00005 (CONDITIONAL USE PERMIT), THEREBY ALLOWING DOWNEY SUPER MARKET TO OPERATE WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 21 (OFF -SALE GENERAL, PACKAGE STORE) ON PROPERTY LOCATED 13240 WOODRUFF AVENUE, 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. An application was filed by Mr. Robert Ramos (hereinafter "applicant") requesting Planning Commission approval of PLN -12-00005 (Conditional Use Permit), to allow Downey Super Market to operate with an Alcoholic Beverage Control Type 21 (Off -Sale General, Package Store) on property located 13240 Woodruff Avenue, and zoned C-1 (Neighborhood Commercial); B. On February 2, 2012, 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 February 3, 2012; and C. The Planning Commission held a duly noticed public hearing on February 15, 2012 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 12-2755, approving PLN -12-00005. 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: 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 requested conditional use permit to allow a Type 21 (Off -Sale General, Package Store) alcohol license at the existing supermarket 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 because the site is developed for commercial uses and it serves the immediate neighborhood already. The approval of this conditional use permit will provide an additional convenience to patrons of the supermarket. 2. 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 proposed Conditional Use Permit will not adversely affect the adjoining land uses since the proposed use generally conforms to its C-1 zone development standards. This use will not prevent surrounding properties from Resolution No. 12-2755 Downey Planning Commission being developed and/or redeveloped. Notwithstanding this, the Planning Commission has adopted several conditions of approval to prevent the use from being a burden onto others. These conditions are necessary to avoid any adverse affects on the adjoining properties. 3. 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. The proposed use will be contained within an existing tenant space and does not require an expansion of the building. Even though the applicant did not propose any site improvement to upgrade the appearance of the property, the additional improvements as required by the Planning Commission will not impact the existing uses on the site or other properties in the area As such, staff believes that the subject site has sufficient shape and size to accommodate the proposed use. 4. 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 because Woodruff Avenue is designated as a primary arterial by the City's General Plan. Woodruff Avenue is able to absorb any additional traffic this request may create, although staff does not foresee a significant traffic increase since the building and parking areas already exist. 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 12-00005 (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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of February, 2012. Michael Murray, Chairman City Planning Commission ` 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 15th day of February, 2012, by the following vote, to wit: AYES: COMMISSIONERS: Morales, Kiefer, Lujan, Murray NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Garcia Theresa Donahue, Secretary City Planning Commission PLN 12-00005 (CUP) — 13240 Woodruff Ave February 15, 2012 - Page 2 Resolution No. 12-2755 Downey Planning Commission PLN -12-00005 (CONDITIONAL USE PERMIT) EXHIBIT A — CONDITIONS PLA NNING 1) The approval of PLN -12-00005 (Conditional Use Permit), allows the sale of alcoholic beverages with a State of California Alcoholic Beverage Control Type 21 (Off -Sale General, Package Store) license at Downey Super Market located at 13240 Woodruff Avenue, Downey. 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) Alcohol shall not be sold to persons under the age of 21. 6) The business operator shall not allow alcohol to be consumed on the subject site. 7) The business operator shall not allow customers, or other persons, to loiter in front of the business. 8) All signs shall comply with the requirements set forth in the Downey Municipal Code. BUILDING 9) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 10) Prior to the commencement of construction, the applicant/business operator shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and final permits prior to beginning operation of the site. 11) The applicant/business operator 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. POLICE 12) A copy of this conditional use permit and any Police permit shall be prominently posted on the premises at all times. The applicant/business operator 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. PLN 12-00005 (CUP) — 13240 Woodruff Ave February 15, 2012 - Page 3 Resolution -No. 12-2755 Downey Planning Commission 13) Prior to selling alcohol beverages, the business operator shall obtain any and all required Police Department permits for this Conditional Use Permit. 14) The applicant/business operator 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. H:\Community Development\Planning Commission\Resolutions\2012\12-2755.doc PLN 12-00005 (CUP) — 13240 Woodruff Ave February 15, 2012 - Page 4