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HomeMy WebLinkAbout1. PLN-22-000260 Qttyofbowney STAFF REPORT PLANNING DIVISION *TOM 9 JA Z UA IVA RIC al a go- 1911 �.' : 911 Wel 7j, [ F LN Fe Ui A ;U6 ;A This is a request to approve a Conditional Use Permit (PLN-22-00026) application to allow the existing gasoline service station with an incidental convenience store to operate with an ABC Type 20 (Off -Sale Beer & Wine) license in the C-2 (General Commercial) zone. Based on the analysis contained in this report, staff is recommending the Planning Commission tdopt the following titled resolution: off MITI I 11101 1 0 - - 00-0 . . - statiOns MTT=, Sqlalti 1UUL Hwy and Paramount Boulevard. The site is zoned General Commercial (C-2) and has a General Plan Land Use designation of General Commercial (GC). The properties directly abutting from the east, south, and west have a zoning designation of C-2, and the north property has a zoning designation of R-30 (Multi -Family Ownership). NNUMMMUM, On February 11, 2022 the applicant filed a request for a Conditional Use Permit. Subsequently, the applicant was issued an incomplete letter, on March 17, 2022. After submitting all required documents, the application was deemed complete on May 12, 2022. On June 2, 2022, notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500 feet of the subject property. DISCUSSION Section 9314 of the City of Downey Zoning Code states that off -sale alcohol establishments are only permitted if the Planning Commission grants a Conditional Use Permit. The purpose of a Conditional Use Permit is to review the location, site development and/or conduct of the uses that generally have unique and distinct impact on the area in which they are located. Conditional Use Permits maybe granted at the discretion of the Planning Commission only if the Commission can make the required four findings listed in Section 9824.6 of the Zoning Code. The findings are discussed later in this report. It is typical for convenience stores, such the existing ExtraMile and Chevron, to conduct the sale of beer and wine. The applicant proposes that the storage and display of the beer and wine, will be located within a portion of the coolers, a space measuring approximately 20 square feet and totals about one (1) percent of the 2,029 square foot convenience store. Alcoholic beverages will only be stored within the shelves of coolers and will be ordered as needed to re -stock cooler shelves. No additional storage is reserved within the walk-in cooler area or store floor area. Additionally, all alcohol will be "pre -pack" and will not comprise of "single" alcoholic beverages. The convenience store will continue to operate 24 hours a day, seven days a week. The beer and wine sales will be consistent with State law and will take place between 6:00 am to 2:00 am daily. The request for a Conditional Use Permit will only add the sale of beer and wine as an accessory use and no additional improvements are proposed to the gasoline station or convenience store. DEVELOPMENT REVIEW COMMITTEE On April 12, 2022, the Development Review Committee (DRC) discussed and evaluated the project as it pertains to Planning, Police, Fire, Public Works, and Building matters. No department expressed concerns or opposition over the project, and issued standard conditions. Recommended conditions of approval have been included in the attached resolution reflecting standard conditions of approval. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Conditional Use Permit for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff has determined that this request is categorically exempt from CEQA, pursuant to CEQA Guideline Section No. 15301 (Class 1 — Existing Facilities) Class 1 exempts minor alteration of existing structures. FINDINGS Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to approving the Conditional Use Permit. The findings are as follows: 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 CUP - PLN-22-00026 June 15, 2022- Page 2 general welfare mf persons residing mrworking imthe neighborhood thereof. The proposed off -site sale ofbeer and vine is intended to serve only as o complement to the limited need for convenience goods and services that the convenience store provides in its immediate |OC8|ib/ without dOt[iOOOOt to the character Of the area. Specifically, the following policy is promoted by the Conditional Use Permit: Policy Y.1.4. — Provide an appropriate amount 0fland area for people to acquire goods and services. The requested Conditional Use Permit will allow the operation ofoconvenience store with a Type 20 (Off -Sale, Beer and Wine, Package Store) license, and will continue to provide the surrounding neighborhood with limited shopping needs. The sale of beer and wine will complement and enhance the variety ofgoods offered and will comply with state law which prohibits sales from 2:00 a0 tO8:0O 8nO. 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 site was previouslydeveloped @S8service station with 8convenience store. The site has been used for commercial and service activities and the pn3p0S8d use will continue tOb8used for commercial and service activities. The use that requires 8Conditional Use Permit iSthe sale Ofbeer and wine. The sale Ofbeer and wine will not generate increased activity on the site which could n8Su|t in adverse impacts U]adjoining land uses. The sale ofbeer and wine at convenience store in incidental to the sale ofother goods in the convenience store including pre -packaged food and sundries. Such uses are common within cVnnrnerCiG| areas and occasionally found in C|O88 proximity to residential @n3a8. C. The size and shape of the site proposed for the use imadequate hmallow the full development of the proposed use in a manner not detrimental to the particular area. The convenience market, without the sale of beer and wine, is permitted by right. The sale of beer and vine can be accommodated within existing ono|era, o npoma measuring approximately 20 square feet and 1uta|a about one (1) percent of the 2.029 square foot convenience store. The alcoholic beverages will only be stored within the shelves of cooler doors and will be ordered an needed to re -stock cooler shelves. No additional storage is reserved within the walk-in cooler area or store floor area. The shape and size of the lot can accommodate the entire 2,O29square foot store while continuing L0comply with all setback and parking requirements. The additional sale of beer and wine will complement the existing convenience store without altering it operations or causing a detriment to the area. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed request for the off -sale Ofbeer and wine, which will occupy approximately one (1) percent of the floor area of the proposed convenience market, is not anticipated to generate significant traffic impacts. The existing streets are designed to accommodate the traffic expected to be generated by the existing convenience store and the complementary sale ofbeer and wine will not generate a notable increase in traffic. CUP pLm-22-00020 PC Agenda Page 3 CORRESPONDENCE Staff had not received any correspondence as of the date this report was prepared. CONCLUSION Based on the analysis contained within this report, staff concludes that all required findings can be made in a positive manner, therefore staff recommends that the Planning Commission approve Conditional Use Permit (PLN-22-00026), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Draft Resolution C. Project Plans CUP - PLN-22-00026 June 15, 2022- Page 4 sq� NORTH �r. o' z� Qva. F�aRFNCF q w �Q v � 0 cc o� m my -j W_ d Location CUP - PLN-22-00026 June 15, 2022- Page 5 PC Agenda Page 5 Aerial Photograph CUP - PLN-22-00026 June 15, 2022- Page 6 Subject Site CUP - PLN-22-00026 June 15, 2022- Page 7 PC Agenda Page 7 RESOLUTION NO. 22- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT PLN-22-00026, A REQUEST TO ALLOW THE OFF -SALE OF BEER AND WINE (TYPE 20 ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE) AT AN EXISTING GASOLINE SERVICE STATION WITH A 2,029 SQUARE FOOT CONVENIENCE STORE AT 12555 PARAMOUNT 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 February 11, 2022, Mike Heglund, representing G&M Oil Co., LLC (hereinafter "applicant"), submitted a request to allow the off -sale of beer and wine at an existing convenience store and service station; and, B. On March 17, 2022, the application was deemed incomplete; and, C. On May 12, 2022, after receiving all necessary material, the application was deemed complete; and, D. On June 2, 2022, a notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in Downey Patriot; and, E. The Planning Commission held a duly noticed public hearing on June 15, 2022, 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 for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of CEQA. Class 1 consists of projects that exempts minor alteration of existing structures. 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 off -site sale of beer and wine is intended to serve only as a compliment to the limited need for convenience goods and services that the convenience store provides in its immediate locality without detriment to the character of the area. Specifically, the following policy is promoted by the Conditional Use Permit: Policy 1.1.4. — Provide an appropriate amount of land area for people to acquire goods and services. Resolution No. 22- Downey Planning Commission The requested Conditional Use Permit will allow the operation of a convenience store with a Type 20 (Off -Sale, Beer and Wine, Package Store) license, and will continue to provide the surrounding neighborhood with limited shopping needs. The sale of beer and wine will complement and enhance the variety of goods offered and will comply with state law which prohibits sales from 2:00 am to 6:00 am. 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 site was previously developed as a service station with a convenience store. The site has been used for commercial and service activities and the proposed use will continue to be used for commercial and service activities. The use that requires a Conditional Use Permit is the sale of beer and wine. The sale of beer and wine will not generate increased activity on the site which could result in adverse impacts to adjoining land uses. The sale of beer and wine at a convenience store is incidental to the sale of other goods in the convenience store including pre- packaged food and sundries. Such uses are common within commercial areas and occasionally found in close proximity to residential areas. 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 convenience market, without the sale of beer and wine, is permitted by right. The sale of beer and wine can be accommodated within existing coolers, a space measuring approximately 20 square feet and totals about one (1) percent of the 2,029 square foot convenience store. The alcoholic beverages will only be stored within the shelves of cooler doors and will be ordered as needed to re -stock cooler shelves. No additional storage is reserved within the walk-in cooler area or store floor area. The shape and size of the lot can accommodate the entire 2,029 square foot store while continuing to comply with all setback and parking requirements. The additional sale of beer and wine will complement the existing convenience store without altering it operations or causing a detriment to the area. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed request for the off -sale of beer and wine, which will occupy approximately one (1) percent of the floor area of the proposed convenience market, is not anticipated to generate significant traffic impacts. The existing streets are designed to accommodate the traffic expected to be generated by the existing convenience store and the complementary sale of beer and wine will not generate a notable increase in traffic. 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-22-00026), subject to conditions of approval attached hereto, 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. Resolution No. 2Z' Downey Planning Commission SECTKON5. The Secretary shall certify the adoption ofthis Resolution. PASSED, APPROVED AND ADOPTED this 15th day of June, 2022 Patrick Owens, Chairman City Planning Commission | HEREBY CERTIFY that the foregoing is atrue copy ofu Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 15 th day of June, 2022 by the following vote, to wit: AYES: CC)K8K8|@S|C)yJER@: NOES: CC>K8K8|88|C}NER8: ABSENT: COK8K8|88|{)NEQ8: ABSTAIN: CC)K8K8|@S|C>NERS: Linda Thai Deputy City Clerk PC Agenda Page 10 Resolution No. 22- Downey Planning Commission PLANNED SIGN PROGRAM (PLN-22-00026) CONDITIONS OF APPROVAL 1) The approval of this Conditional Use Permit (PLN-22-00026), to allow the off -sale of beer and wine (Type 20 Alcoholic Beverage Control (ABC) license) at an existing gasoline service station with a 2,029 square foot convenience store with a service station, located at 12555 Paramount Blvd, and Zoned C-2 (General Commercial). 2) Approval of this Conditional Use Permit (PLN-22-00026) 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) 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. 5) An affidavit of Acceptance of Conditions, as provided by the City of Downey, shall be signed, notarized, and returned to the Planning Division within fifteen (15) days of approval. This approval will be considered invalid until this condition has been fulfilled. 6) Prior to the operation of the Type 20 ABC license, the owner/Applicant shall obtain any and all required Police Department permits for this Conditional Use Permit. 7) 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. 8) 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. 9) The owner/applicant shall not permit any loitering on the subject site. 10) The Licensee shall be responsible for monitoring the business to prevent anyone under the age of 21 from purchasing alcohol. PC Agenda Page 11 Resolution No. 22- Downey Planning Commission 11) The applicant/owner of the establishment shall comply with all state requirements. The applicant must obtain and maintain a valid Type 20 — Alcoholic Beverage License (ABC) for Off -Sale Beer and Wine. All conditions of the Type 20 — ABC license shall be maintained at all times and failure to do so will be grounds for revocation. 12) Refrigerators where beer is kept need to be locked during non -sale hours. 13) The permitted hours of operation of the convenience store are 24 hours a day, seven days a week. Sales of beer and wine shall be prohibited between the hours of 2:00 a.m. and 6:00 a.m. 14) The sale of beer and wine for on -site consumption is strictly prohibited. 15) The sale of liquor/spirits is strictly prohibited. 16) The convenience store shall comply with the following conditions: a) Wine shall not be sold in containers of less than 750 milliliters, with the exception of wine coolers sold in four -pack containers or more per sale; b) Malt beverages shall not be sold in less than six-pack containers per sale; c) Wine shall not be sold with an alcoholic content greater than 15 percent by volume; d) The sale of beer or malt beverages in quantities of quarts, 40 oz., or similar size containers shall be prohibited; e) Beer, malt beverages, or wine cooler products, regardless of container size, must be sold in manufacturer pre -packaged multi -unit quantities; f) The sale of single cigarettes is prohibited. 17) No alcohol advertising will be located on the exterior walls, windows or door of the storefront. Windows shall be kept free and clear, except for temporary window signs, as allowed per section 9612 of the Downey Municipal Code. 18) Prior to the final of building permits, the applicant shall install and maintain "No Loitering" signage to prevent patrons from congregating or loitering in the parking lot. 19) The subject property, and the surrounding public sidewalks, shall be maintained free of trash, litter, and debris at all times. 20) For security purposes, lighting shall be placed in such a way as to illuminate the area surrounding the convenience store and trash enclosure. This lighting shall be un-switched and photo -sensor controlled. All lighting shall be designed/shielded to eliminate spillover onto the street and adjoining properties. 21) All buildings and walls shall be finished with graffiti resistant materials. Prior to the issuance of building permits, the applicant shall demonstrate to the satisfaction of the City Planner, that the finished materials will comply with this requirement. 22) Any graffiti applied to the site shall be removed within 48 hours. 23) Trucks making deliveries shall turn off all engines and not be allowed to idle on the site. a) Deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. 24) Noise levels shall be limited as required per the Downey Municipal Code. PC Agenda Page 12 Resolution No. 22- Downey Planning Commission ZOInfI 25) 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. 26) 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. 27) 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. 121,1111ZS7Zdo7�17�[�P►[+9 PC Agenda Page 13 a w a 9 ti a W FF Q I m F O II <r �N N pqg Q 0. N Ldto w m 4oW W C) X N O O i tS Z A W P-0 Z € (n V) U 0 F® --..- 0 = a T 304 i w J c wr rc w Y a m w b v PC Age ida Page 15'