HomeMy WebLinkAbout2. PLN-22-00027C#Vof�)owne .v
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TO: PLANNING COMMISSION
SUBMITTED BY: CRYSTAL LANDAVAZO, INTERIM DIRECTOR OF COMMUNITY
DEVELOPMENT
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SUBJECT: CONDITIONAL USE PERMIT (PLN-22-00027) — A REQUEST TO ALLOW
THE OFF -SALE OF BEER AND WINE (TYPE 20 ALCOHOLIC BEVERAGE
CONTROL (ABC) LICENSE) AT AN EXISTING GASOLINE SERIVE
STATION WITH 1,554 SQUARE FOOT CONVENIENCE STORE.
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Based on the analysis contained in this report, staff is recommending the Planning Commission
adopt the following titled resolution:
along Florence Avenue. Lastly the property directly abutting from the south has a zoning
designation of C-1 (Neighborhood Commercial).
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 (in response to the initial
submittal. 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 totaling
about one (1) percent of the 1,554 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:
CUP - PLN-22-00027
June 15, 2022- Page 2
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 the limited need for
convenience goods and services in their 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.
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
compliment 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 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 1,554 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 1,554 square foot store while continuing to comply with all
setback and parking requirements. The additional sale of beer and wine will compliment
the existing convenience store without altering its 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
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June 15, 2022- Page 3
PC Agenda Page 3
the traffic expected to be generated by the existing convenience store and the
complimentary sale of beer and wine will not generate a notable increase in traffic.
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-22-00027), subject to the recommended condition of
approval.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Plans
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June 15, 2022- Page 4
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PC Agenda Page 5
Aerial Photograph
CUP - PLN-22-00027
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Subject Site
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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-22-00027, 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 1,554 SQUARE FOOT
CONVENIENCE STORE AT 7360 FLORENCE AVENUE, 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 for 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 the limited need
for convenience goods and services in their 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 compliment 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 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
1,554 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 1,554 square
foot store while continuing to comply with all setback and parking requirements.
The additional sale of beer and wine will compliment the existing convenience store
without altering its 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 complimentary 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-22-00027), 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. 22-
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of June, 2022
Patrick Owens, 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 15 th day of June,
2022 by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Linda Thai
Deputy City Clerk
PC Agenda Page 10
Resolution No. 22-
Downey Planning Commission
PLANNED SIGN PROGRAM (PLN-22-00027)
CONDITIONS OF APPROVAL
1) The approval of this Conditional Use Permit (PLN-22-00027), to allow the off -sale of
beer and wine (Type 20 Alcoholic Beverage Control (ABC) license) at an existing
gasoline service station with a 1,554 square foot convenience store with a service
station, located at 7360 Florence Ave, and Zoned C-2 (General Commercial).
2) Approval of this Conditional Use Permit (PLN-22-00027) 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 verbage 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.
END OF CONDITIONS
PC Agenda Page 13