HomeMy WebLinkAboutPC Reso 21-3155RESOLUTION NO. 21-3155
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT (PLN -21-00061) THEREBY
ALLOWING AN ALCOHOLIC BEVERAGE CONTROL TYPE 86 (INSTRUCTIONAL
TASTING) LICENSE FOR AN EXISTING CONVENIENCE/LIQOUR STORE
CURRENTLY OPERATING WITH A TYPE 21 (OFF -SALE GENERAL) LICENSE
LOCATED AT 11112 PARAMOUNT BOULEVARD AND ZONED DOWNTOWN
DOWNEY SPECIFIC PLAN
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, 2021, an application was filed by Sherri Olson, Harzand Inc.,
requesting approval of a Conditional Use Permit (PLN -21-00061), to allow a State
of California, Department of Alcoholic Beverage Control Type 86 (Instructional
Tasting) license at the "Bottle Caps & Spirits" convenience/liquor store on
property located at 11112 Paramount Boulevard, and zoned Downtown Downey
Specific Plan; and
B. On July 1, 2021 the application was deemed incomplete. On September 16,
2021, the applicant submitted revised plans and on October 13, 2021, the
application was deemed complete; and
C. On November 4, 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 November 17,
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 proposed use is consistent
with the policies and programs established in the General Plan for the Downtown
Downey Area:
• Policy 1.1.1. Maintain a balance of mixes
Policy 1.2.2.1. Promote the downtown area as a destination point for
entertainment, dining, civic, and other activities.
Resolution No. 21-3155
Downey Planning Commission
The Type 86 ABC license will provide an additional service to promote the business.
The addition of an ancillary instructional tasting use, with strict ABC regulations which
limit serving size (one one-fourth of an ounce of distilled spirits, one ounce of wine and
no more than eight ounces of beer) per person per day), within a limited area (a
cordoned off 10 -foot by 6.5 -foot space) within the existing store, and direct supervision
from the licensee or license holder; such use meets the intent of the DDSP zone and no
adverse impacts are anticipated to persons residing or working in the neighborhood.
B. 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 area around the
subject site is built -out with commercial developments. The addition of the Type 86 ABC
license does not expand the physical footprint of the existing store or require new
parking. The instructional tastings will be conducted in the interior of an existing business
and tasting hours are limited to Friday, Saturday, and Sunday, between 4:00 p.m. and
6:00 p.m. Subsequently, the addition of a Type 86 ABC license to the existing
convenience/liquor store will not adversely impact growth and development of adjoining
land uses.
C. 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
subject property is approximately 16,970 square feet. The 2,492 square -foot
convenience/liquor store is situated on a development with two uses, a restaurant and
the convenience/liquor store. The business area will not be expanded, and the site has
operated with a Type 21 ABC license since 1982, with no detrimental impacts to the
area. The addition of the ancillary Type 86 ABC license is intended to complement the
existing use and will not be detrimental to the area. The project site is located in the
Downtown Downey Specific Plan, which allows properties that lack sufficient parking to
accommodate the on-site uses to apply for a parking waiver. The parking waiver allows
the applicant to pay the City for each parking space to be waived. In this case, the site
requires 34 parking spaces, and 22 spaces are provided, for a shortfall of 12 parking
spaces. As such, the applicant will be required to enter into an Agreement with the City
for the 12 parking spaces and bring the property into compliance.
D. The proposed instructional tastings are temporary events and will not expand the use of
the existing development nor increase traffic measurably to the site. The added
instructional tastings will not impose an undue burden upon the streets and highways in
the area. Paramount Boulevard is a major arterial and designed to meet the capacity of
the existing use and surrounding commercial activity.
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,
subject to the Conditions of Approval attached hereto as Exhibit A — Conditions of Approval,
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.
(Signatures on next page)
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November 17, 2021 - Page 2
Resolution No. 21-3155
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of November 2021.
Miguet:buarte, 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 17th day of
November 2021, by the following vote, to wit:
AYES:
COMMISSIONERS:
Duarte, Owens, Montoya, Ortiz and Uva
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Ljk�� I L
Mary 4vanagh, Secre
Planning Commission
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November 17, 2021 - Page 3
Resolution No. 21-3155
Downey Planning Commission
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT — PLN -21-00061
PLANNING
1) The approval of Conditional Use Permit (PLN -21-00061) permits a State of California,
Department of Alcoholic Beverage Control Type 86 (Instructional Tasting) license at
"Bottle Caps & Spirits" liquor/retail store on property located at 11112 Paramount
Boulevard. This approval authorizes the on-site instructional tasting of alcoholic
beverages in conjunction with the operation of an existing convenience/liquor store with
a Type 21 License (Off -sale General) authorizing the off-site sale of beer, wine, and
distilled spirits.
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 conditional
use permit or any of the conditions if such modifications shall achieve substantially the
same results as would strict compliance with said plans and conditions.
4) The business operator shall obtain the proper approval and license from the
California Department of Alcohol and Beverage Control.
5) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
6) 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.
7) The permitted hours of operation of the liquor/retail store are Sunday -Thursday, 7:00
a.m. —11:00 p.m., Friday and Saturday 7:00 a.m. to 12:00 a.m.
8) The instructional tasting events shall be limited to Friday, Saturday, and Sunday,
between the hours 4:00 p.m. and 6 p.m.
9) Customers shall not be within the business after the specified closing time.
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Resolution No. 21-3155
Downey Planning Commission
10) There shall be no live entertainment within the business at any time. At no time shall the
retail/liquor store be festooned as a bar, tavern, night club, or the like.
11) Other than the specified "Instructional Tasting Events", no alcoholic beverages shall be
consumed on-site.
12) No charge of any sort shall be made for the tastings.
13) The instructional tasting of beer, wine, and distilled spirits shall be limited to store
customers of legal drinking age of 21 years of age. A sign shall be posted during the
instructional tasting that no one under the age of 21 is allowed in the instructional tasting
area. This shall be monitored by all vendor and management staff through the
verification of valid identification.
14) The sale of the alcohol is prohibited within the tasting event area.
15) The instructional tasting event shall be limited to a 6 5 s q u a r e f o o t (10 - f e e t
x 6.5 - f e e t) tasting area defined by flex barriers (a rope, cord or chain which will
serve as a temporary barrier during the tasting event). No consumption of alcoholic
beverages shall occur outside of the tasting area.
16) In compliance with the California Business and Professions Code Section 23396.6, a
single tasting of distilled spirits cannot exceed one-fourth of an ounce and single tastings
of wine shall not exceed one ounce. No more than three tastings of distilled spirits or
wine shall be provided to any person per day. The tasting of beer is limited to eight
ounces per person per day. Instructional tastings of wine, beer, and/or distilled spirits
shall be limited to products that are authorized to be sold by the holder of the Type 86
ABC license under the existing Type 21 ABC license.
17) Signs advertising brands and types of alcoholic beverages or the availability of alcohol
for sale at the subject site shall not be visible from the exterior of the premises.
18) All signs shall comply with the requirements set forth in the Downey Municipal Code and
shall require separate permits.
19) 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.
20) The property owner/applicant is required to participate in a parking waiver agreement
with the City of Downey, due to the lack of on-site parking (12 parking spaces) required
for the uses on site. The agreement will be prepared by the City and must be signed and
returned by the applicant prior to the operation of the Type 86 ABC license.
21) The applicant shall be required to enter into a reciprocal parking and vehicular access
agreement, and such agreement shall be recorded with the Los Angeles County Clerk's
office, prior to the operation of the Type 86 ABC license.
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Resolution No. 21-3155
Downey Planning Commission
POLICE
22) Prior to the operation of the Type 86 ABC license, the owner/Applicant shall obtain any
and all required Police Department permits for this Conditional Use Permit.
23) A copy of this Resolution and any Police Department 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.
24) 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 also include verbiage prohibiting the
possession and consumption of alcohol outside the premises.
25) The owner/applicant shall not permit any loitering on the subject site
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 ABC to the applicant as well as any applicable regulations of ABC.
28) The following preventive measures shall be undertaken to reduce the potential for
alcohol related problems:
a. All employees selling or serving alcohol shall be required to participate in an alcohol
training program offered by the ABC or equivalent prior to the operation of
selling/serving alcohol; and
b. A variety of non-alcoholic beverages shall be made available within the market place.
29) Phone numbers and/or websites for alternative transportation services (taxis, Uber and Lyft)
shall be posted in a conspicuous location at all times in the area where alcohol is served to
customers.
30) 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.
31) 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
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