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HomeMy WebLinkAboutPC Reso 21-3152RESOLUTION NO. 21-3152 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT (PLN -21-00058), THEREBY ALLOWING A CONSULTATION OFFICE TO OPERATE WITH A TYPE 21 (OFF -SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE TO OFFER ONLINE AND APPOINTMENT ONLY ALCOHOL SALES LOCATED AT 9514 FIRESTONE BOULEVARD AND 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 June 1, 2021, an application was filed by Mark Shelton (Allocated Liquor), requesting approval of a Conditional Use Permit (PLN -21-00058), to allow an office to operate with a Type 21 ABC license, on the property located at 9514 Firestone Boulevard, and zoned C-2 (General Commercial); and, B. Staff deemed the application incomplete on June 30, 2021. The Applicant submitted the requested materials on July 31, 2021. Staff deemed the application complete on July 31, 2021; and, C. On September 2, 2021, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, D. The Planning Commission held a duly noticed public hearing on September 15, 2021 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. 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: A. 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 project is consistent with all applicable goals and policies specified in the City's General Plan, as well as policies stated in the Downey Municipal Code. The project will not cause a nuisance related to public convenience or general welfare to any nearby persons because the proposed use will only make sales by appointment and/or online only. In addition, the subject site is able to meet the parking demands of the proposed use, thus no parking impacts are expected. The project helps achieve long term goals within the City's General Plan by providing additional commercial services to the community. The following policies are promoted by the proposed CUP: Resolution No. 21-3152 Downey Planning Commission Policy 1.1.4 — Provide an appropriate amount of land use for people to acquire goods and services The CUP promotes the above policy by introducing a unique business not currently found within the City. The proposed use of home bar consulting and high end liquor sales ultimately provides residents and nearby patrons with additional opportunities to acquire different goods and services. B. 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 use will be compatible with, and intends to compliment, other uses within the commercial zone. The use intends to resemble a professional office for home bar consulting and small distribution center for online sales. Adverse impacts are not anticipated as a result of approval specifically because the new use will only accommodate visitors by appointment. No added square footage or changes to parking are proposed. Conditions of approval have been incorporated to ensure that patrons are allowed by appointment only and all other sales occur online. This is done in an effort to distinguish this use from a liquor store or market. Conditions are also included to ensure compatibility with existing and future uses, as well as to mitigate any potential impacts. Lastly, on-site consumption of alcohol is prohibited. C. 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 request for the proposed scope of work does not include changes to the buildings square footage, and the sale of alcohol does not warrant a need for additional accommodations to the site. The proposed work does not create alterations that would restrict future permitted uses from occupying the site or an existing use located within the nearby area from altering their operations. In addition, the project is in full compliance with the Downey Municipal Code. Therefore, 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. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets -and -highways -in -the -area. The -change of -use -from, previously, personal services to, now, office with an accessory retail component does not require the tenant space to provide any additional parking spaces. The parking demand for personal services is equal to the demand for office. The parking demand for all uses in the center is able to be accommodated on site because the center has a surplus of ten (10) parking spaces. Therefore, the proposed request is not anticipated to generate significant traffic impacts. In addition, Firestone Boulevard is designed to accommodate substantially more traffic than what will be generated by this proposed use. 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 -21-00058, subject to the Conditions of Approval attached hereto as Exhibit A — Conditions, 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 -21-00058 — 9514 Firestone Blvd. September 15, 2021 - Page 2 Resolution No. 21-3152 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of September 2021. Miguel QWa ertert 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 15th day of September 2021, by the following vote, to wit: AYES: COMMISSIONERS: Duarte, Montoya and Uva NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Owens and Ortiz ABSTAIN: COMMISSIONERS: None r J� Mary a anagh, Secretarij City P ning Commission PLN -21-00058 — 9514 Firestone Blvd, September 15, 2021 - Page 3 Resolution No. 21-3152 Downey Planning Commission CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (PLN -21-00058) PLANNING 1) The approval of Conditional Use Permit (PLN -21-00058) allows an office use to conduct sales of alcohol under a Type 21 (Off -sale General) ABC license through appointment or online sales only for Off-site consumption, on property located at 9514 Firestone Boulevard. 2) The office use will specifically provide home bar services described as the consultation, stocking, and design of private home bars. 3) No walk-in retail sales permitted as part of this business. 4) Merchandise sold by the business is limited to alcohol related products and accessories. 5) Sampling and/or tastings of merchandise is strictly prohibited. 6) 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. 7) All rules and regulations set forth by the California Department of Public Health and the Los Angeles County Department of Public Health shall be enforced and complied with. The applicant shall be subject to any and all applicable orders issued by these agencies to protect the public health, such as orders for social distancing and operational restrictions related to the COVID-19 coronavirus pandemic. 8) 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. 9) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 10) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such -claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. PLN -21-00058 — 9514 Firestone Blvd. September 15, 2021 -Page 4 Resolution No. 21-3152 Downey Planning Commission 11) Prior to September 30, 2021 the applicant and the property owner shall sign and notarize an affidavit of Acceptance of Conditions, as provided by the City of Downey. 12) The permitted hours of operation shall be from 9:00 a.m. to 5:00 p.m., Tuesday through Saturday. 13) Customers shall not be within the business after the specified closing time.. 14) 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. 15) The rear door shall only be accessible to employees (unless required for an emergency), and must remain shut when not in use. 16) Signage is limited to the business name and logo only and shall comply with the requirements set forth in the Downey Municipal Code. Signage shall require a separate permit. 17) No exterior signage, or signage directed towards the exterior including window signs, shall display alcohol related products, logos, or activities. Police 18) The business shall have security video cameras operating during all hours that the business is open. All cameras must record onto a videotape or similar recording device. The recordings of the security video cameras shall be maintained for a minimum period of 30 days, and the recordings must be made immediately available for any law enforcement officer who is making the request as a result of official law enforcement business. The video cameras shall be located at the gas pump and parking lot areas and all areas of the cash register/cashier and where cash is stored. If the Chief of Police determines that there is a necessity to have additional security cameras installed, the manager/owner of the business must comply with the request within 7 days. The Chief of Police can also require the position of the video cameras to be changed if it is determined that the position of the camera does not meet security needs. The manager/owner of the business must comply with the request within 7 days. The picture quality of the video cameras and recording devices installed on the complex must meet the approval of the Chief of Police. 19) The business shall be equipped with a panic/hold up alarm system. Employees shall have access to panic button(s) that will notify an alarm monitoring company of a robbery or other emergency at the location and who will in turn notify the Downey Police Department of the emergency. The business manager/owner will obtain an alarm permit from the Downey Police Department. 20) The business shall be equipped with an alarm system that covers break-ins and robberies. The alarm must be monitored by an alarm monitoring company who will notify the Downey Police of any break-ins or robberies. Employees must have access to a hidden button that will trigger a silent alarm, notifying the alarm monitoring company that a robbery is taking place. The manager/owner will obtain an alarm permit from the Downey Police Department. PLN -21-00058 — 9514 Firestone Blvd September 15, 2021 - Page 5 Resolution No. 21-3152 Downey Planning Commission 21) Upon determination by the Chief of Police, windows and storefronts shall be made fully visible and unobstructed from any tint and/or screening in order to allow view into the tenant space. The change shall be made within 14 days of notification from the Police Department. 22) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 23) Signs shall be posted at all entrances to the premises and business identifying a zero - tolerance policy for nuisance behavior at the premises (including the parking lot). Signs shall be posted along the exterior and shall include verbiage prohibiting the possession and consumption of alcohol inside and/or outside the premises. 24) The owner/applicant shall not permit any loitering in front of the business. 25) A copy of this conditional use permit and any 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. 26) The Licensee shall be responsible for monitoring the business to prevent anyone under the age of 21 from purchasing alcohol. 27) The owner/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. 28) Upon the determination by the Chief of Police that the operation of the business requires on-site security, the applicant shall submit and obtain approval of a security plan to the Chief of Police. The number of security guards shall be determined by the Chief of Police and may be increased or decreased as the Chief of Police determines is necessary. The initial security plan shall be submitted to the Police Department within fourteen (14) days of being requested. Should the Police Department request any additional information or modifications, the business owner/permittee shall submit said revisions within -forty -eight -(48) hours of -notification. BUILDING 29) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 30) Prior to the commencement of any construction, the applicant shall obtain all required permits. Once permits are issued, the applicant shall obtain all necessary inspections and permit final prior to occupancy of the business. FIRE 31) The following comments pertain to a limited fire review of a design review plan submittal. The comments contained herein shall not be construed as complete or encompassing all fire -life safety code requirements set forth in local, State, and/or National local codes. 32) Fire has no specific comments on the proposed project other than the proposed occupancy use (e.g. liquor sales) shall comply with code requirements for building's use PLN -21-00058 — 9514 Firestone Blvd. September 15, 2021 - Page 6 Resolution No. 21-3152 Downey Planning Commission as a Business Group B occupancy adhering to requirements for egress, egress sizing, occupant load, egress/emergency illumination, building addressing, Knox box installation, and any other code requirements for the occupancy type and use. END OF CONDITIONS PLN -21-00058 — 9514 Firestone Blvd. September 15, 2021 - Page 7