HomeMy WebLinkAbout3. PLN-23-00036PC AGENDA PAGE 1
9002 Imperial Highway – PLN-23-00036
August 2, 2023 – Page 2
BACKGROUND
The subject site is currently developed with a gasoline station, operated by ExxonMobil.
The original gas station was approved on June 29, 1970, under CUP No. 70-38, which
allowed for a gasoline service station, automobile repair service with three bays, and
fueling pumps with canopy. In 1989, a 263 square foot snack shop store was added to
the site through resolution by the City Council (Resolution No. 1257). On June 20, 2018,
the Planning Commission adopted Resolution No. 18-3060 (Attachment C) allowing the
conversion of the repair service bays and snack shop into a 1,990 square foot
convenience store. The project also involved exterior modifications to the existing
building and revision “A” to CUP No. 70-38, to allow the off-site sale of beer and wine
(Type 20 Alcoholic and Beverage Control License). These modifications were
completed in 2023. The convenience store has had a beer and wine sales license since
2018.
Overall, the site is a 22,426 square foot parcel with three street frontages located on the
southeast corner of Imperial Hwy, Lakewood Blvd and Glenshire Road. It is within the
City’s C-2 (General Commercial) zone, and has a general plan land use designation of
General Commercial. The site is accessible from two street frontages; along Imperial
Hwy traveling east bound and Lakewood Blvd traveling north bound. Directly to the rear,
abutting the subject property, is a split zoned lot developed with a motel and a single-
family home. Adjacent to the north and west are C-2 zoned properties developed with
commercial uses. The parcel directly to the east is also zoned C-2, but is occupied by a
church.
Northwest view of subject property along Imperial Highway & Lakewood Boulevard
PC AGENDA PAGE 2
9002 Imperial Highway – PLN-23-00036
August 2, 2023 – Page 3
On March 20, 2023, the applicant filed to revise the previously approved Conditional
Use Permit requesting to eliminate the condition that restricts the business from offering
the sale of distilled spirits for off-site consumption. This will allow the applicant to apply
with ABC to upgrade their existing (Type 20 ABC License) off-site sale of beer and wine
to the off-site sale of general liquor (Type 21 ABC License), which will allow the added
sale of distilled spirits.
The notice of pending public hearing was published in the Downey Patriot on July 20th
and mailed to all property owners within 500’ of the subject site on July 21st, 2023.
DISCUSSION
Currently, the convenience stores their alcoholic beverage towards the rear of the store
in three (3) walk-in coolers out of the eighteen (18) total. The applicant proposes to
expand the alcoholic beverage storage to five (5) walk-in coolers and relocate closer to
the register, taking up approximately 25 square feet of store area per the plans below.
In upgrading the license to include distilled spirits, the applicant intends to have the new
display area for distilled spirits, located behind the register counter. The plans indicate
this limited space to be no more than 20 square feet. The total area for alcohol storage
will be two (2) percent of the 1,990 square foot building.
Floor plan of convenience store with alcohol storage locations
Proposed
Alcohol Storage
Spirits Storage
Previous
Alcohol Storage
PC AGENDA PAGE 3
9002 Imperial Highway – PLN-23-00036
August 2, 2023 – Page 4
It is common for gas stations to operate with an ABC license to sell beer & wine to be
consumed off premise, but it is not common for a gas station to offer a Type 21 ABC
license for the off-site sale of distilled spirits. Within LA County, only eight stores
operate with this license type, the closest store being located in Santa Fe Springs. The
request for the license upgrade stems from the applicant’s desire to offer a new
commodity at their store. Sales for all alcohol will take place between 6:00 am to 2:00
am daily. Staff has included conditions restricting the sale of distilled spirits that are less
than 750 milliliters to discourage unwanted consumption as smaller size bottles are
more discrete and easily accessible.
DEVELOPMENT REVIEW COMMITTEE
The project was reviewed by the Development Review Committee (DRC) where
Building & Safety, Fire, Public Works, and Police expressed no concerns with the
project.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use 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). This class consists of the operation, permitting, licensing of
facilities involving negligible or no expansion of existing use.
FINDINGS
Pursuant to the requirements of DMC Section 9824.06 (Conditional Use Permit), staff
recommends that the Planning Commission make the following findings to approve the
overall request:
1. That the requested Conditional Use Permit will not adversely affect the
intent and purpose of Article IX or the City’s General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof.
The proposed added sale of distilled spirits to the existing sale of beer and wine
is intended to service 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.
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.
PC AGENDA PAGE 4
9002 Imperial Highway – PLN-23-00036
August 2, 2023 – Page 5
The requested Conditional Use Permit will not adversely affect the adjoining land
uses since the existing use conforms to the C-2 zone development standards
and has been operating with alcohol (beer and wine) sales for some time. The
added sales of distilled spirits will not generate increased activity on the site, that
could result in adverse impacts to adjoining land uses. The sale of beer, wine
and distilled spirits as part of a convenience store is incidental to the sale of other
goods including pre-packaged foods and sundries. Such use is common within
commercial areas that are adjacent or in close proximity to residential areas.
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 ancillary sale of distilled spirits will be located behind the register counter in
an area measuring no more than 20 square feet. The storage and display of beer
and wine will be relocated closer to the register at the location determined on the
plans taking up 25 square feet of area. No modification to the convenience store
will be needed as a result of the added sale besides the added shelf space
behind the register. The additional sale of distilled spirits will complement the
convenience store without altering its operations or causing a detriment to the
area.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area.
Imperial Highway is a major arterial that is designed to accommodate the traffic
expected to be generated by the existing convenience store and similar business.
The proposed request to offer the sale of distilled spirits in addition to current sale
of beer and wine, which will occupy only a small area within the existing
convenience store’s floor area, is not anticipated to generate significant traffic
impacts.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence
regarding this matter.
CONCLUSION
Based on the analysis contained in this report, staff recommends that the Planning
Commission adopt the resolution approving the Conditional Use Permit (PLN-23-
00036), subject to the conditions of approval as stated in the attached Planning
Commission Resolution.
PC AGENDA PAGE 5
9002 Imperial Highway – PLN-23-00036
August 2, 2023 – Page 6
EXHIBITS
A. Aerial Photograph, Location Map & Zoning Map
B. Draft Resolution
C. Resolution No. 18-3060
D. Project Plans
PC AGENDA PAGE 6
9002 Imperial Highway – PLN-23-00036
August 2, 2023 – Page 7
Exhibit ‘A’ – Maps
AERIAL PHOTOGRAPH
Subject Site
IMPERIAL HIGHWAY
PC AGENDA PAGE 7
9002 Imperial Highway – PLN-23-00036
August 2, 2023 – Page 8
LOCATION MAP
ZONING MAP
R-3
Subject Site
PC AGENDA PAGE 8
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-23-00036 (REVISION “B” TO MODIFY RESO NO. 18-3060),
THEREBY ELIMINATING CONDITION NUMBER 15 FROM RESOLUTION NO. 18-
3060 ALLOWING THE SALE OF DISTILLED SPIRITS IN ADDITION TO BEER AND
WINE SALES AT 9002 IMPERIAL HIGHWAY
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 29, 1970, the Planning Commission approved Conditional Use Permit
No. 70-38, for a 1,990 square foot building to be used for auto repair services, 4
island fuel pumps, a 2,408 square foot canopy, a monument sign, and three
underground fuel tanks; and,
B.On June 20, 2018, the Planning Commission approved Conditional Use Permit
and Site Plan Review (PLN-17-00183), to convert three auto service bays as part
of a 1,990 square foot convenience store and a façade modification to the
exterior of the building; and,
C.Within Resolution No. 18-3060, condition number 15 states “The sale liquor/
spirits is strictly prohibited”; and,
D.On March 20, 2023, Ben Kohanteb (hereinafter “applicant”), submitted a request
to modify the existing conditional use permit (Reso no. 18-3060) to add the sale
of distilled spirits in addition to beer and wine; and,
E.On April 20, 2023, the applicant was issued a letter deeming the application
incomplete; and,
F. On May 20, 2023, the application was deemed complete after all required
documents were submitted and reviewed; and,
G.On July 20, 2023, 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,
G.The Planning Commission held a duly noticed public hearing on August 2, 2023,
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 that the
proposed project was reviewed for compliance with the California Environmental Quality Act
(CEQA), and is categorially exempt from CEQA, pursuant to Guideline Section 15301 (Class 1,
Existing Facilities). This class consists of the operation, permitting, licensing of facilities
involving negligible or no expansion of existing use.
PC AGENDA PAGE 9
Resolution No.
Downey Planning Commission
PLN-23-00036 – 9002 Imperial HWY
August 2, 2023 - Page 2
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Conditional Use Permit, 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 added sale of distilled spirits to the existing sale of beer and wine is
intended to service 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.
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
requested Conditional Use Permit will not adversely affect the adjoining land
uses since the existing use conforms to the C-2 zone development standards
and has been operating with alcohol (beer and wine) sales for some time. The
added sales of distilled spirits will not generate increased activity on the site, that
could result in adverse impacts to adjoining land uses. The sale of beer, wine
and distilled spirits as part of a convenience store is incidental to the sale of other
goods including pre-packaged foods and sundries. Such use is common within
commercial areas that are adjacent or 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 ancillary sale of distilled spirits will be located behind the register
counter in an area measuring no more than 25 square feet. The storage and
display of beer and wine will be relocated closer to the register and will be
expanded in display area taking 20 square feet of area. No modification to the
convenience store will be needed as a result of the added sale besides the
added shelf space behind the register. The additional sale of distilled spirits will
complement the 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. Imperial Highway is a major arterial that is
designed to accommodate the traffic expected to be generated by the existing
convenience store and similar business. The proposed request to offer the sale
of distilled spirits in addition to current sale of beer and wine, which will occupy
only a small area within the existing convenience store’s floor area, is not
anticipated to generate significant traffic impacts.
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 Revision ‘B’ to
Resolution No. 18-3060 eliminating condition 15 which restricts the sale of distilled spirits,
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.
PC AGENDA PAGE 10
Resolution No.
Downey Planning Commission
PLN-23-00036 – 9002 Imperial HWY
August 2, 2023 - Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of August 2023.
___________________
Horacio Ortiz, 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 2nd day of
August 2023, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________
Gerardo Marquez, Senior Planner
City Planning Commission
PC AGENDA PAGE 11
Resolution No.
Downey Planning Commission
PLN-23-00036 – 9002 Imperial HWY
August 2, 2023 - Page 4
PLN-23-00036
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this revision to Resolution No. 18-3060 eliminates prior condition 15,
thereby now allowing the sale of distilled spirits in addition to the sale of beer and wine
under a Type 21 ABC License (Off-site General Liquor).
2) The resolution, which approved Conditional Use Permit No. 70-38 is hereby voided and
shall no longer be enforceable.
3) This resolution shall be enforced alongside Resolution No. 18-3060.
4) Prior to the submittal of plans into Building and Safety Plan Check or commencement of
business, whichever occurs first, the applicant and the property owner shall sign an
affidavit of Acceptance of Conditions, as provided by the City of Downey.
5) The site and operation shall remain in substantial conformance with this request and the
approved set of plans.
6) Revision ‘B’ to Resolution No. 18-3060 and approval of the Site Plan Review (PLN-17-
00138) 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) 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.
8) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications achieve substantially the same
results as would strict compliance with said plans and conditions.
9) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any Police Department or
other City Official for purposes of verifying compliance with any of the Conditions of
Approval of this CUP, as well as with any Police Permit and approved Security Plan.
PC AGENDA PAGE 12
Resolution No.
Downey Planning Commission
PLN-23-00036 – 9002 Imperial HWY
August 2, 2023 - Page 5
10) All Department of Alcoholic Beverage Control rules and regulations shall be enforced
and complied with. The applicant shall submit to the City Planner a copy of the
Department of Alcoholic Beverage Control license, including any and all conditions
imposed, which will be kept on file in the Planning Division office.
11) The storage of beer and wine shall be contained within the five (5) alcohol storage
displays designated within the plans.
12) The display of distilled spirits shall be limited to behind the counter area designated
within the plans.
13) The sale of distilled spirits shall be of bottles greater than 750 mL (milliliter) in volume.
14) Sale of alcohol is prohibited between the hours of 2:00 a.m. and 6:00 a.m.
15) The sale of beer, wine and distilled spirits for on-site consumption is strictly prohibited.
16) 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.
17) Owners and employees shall regularly patrol the parking lot to prevent patrons from
congregating or loitering in the parking lot.
18) The subject property and surrounding area must be maintained free of trash, litter, and
debris at all times.
19) For security purposes, lighting shall be placed in such a way as to illuminate the area
surrounding the trash enclosure. This lighting shall be un-switched and photo-sensor
controlled.
PC AGENDA PAGE 13
RESOLUTION NO. 18-3060
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING REVISION `A' TO CONDITIONAL USE PERMIT NO. 70-38 AND SITE
PLAN REVIEW (PLN -17-00183), THEREBY ALLOWING AN EXISTING GASOLINE
SERVICE STATION TO ELIMINATE REPAIR SERVICE, EXPAND THE
CONVENIENCE STORE, CONDUCT SITE AND FACADE MODIFICATIONS, AND
OPERATE WITH AN ABC TYPE 20 (OFF -SALE BEER AND WINE) LICENSE, ON
PROPERTY LOCATED AT 9002 IMPERIAL HWY 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 29, 1970, the Planning Commission approved Conditional Use Permit
No. 70-38, for a 1,990 square foot building to be used for auto repair services, 4
island fuel pumps, a 2,408 square foot canopy, a monument sign, and three
underground fuel tanks; and,
B. On November 9, 2018, B&F World Investment, LLC (hereinafter "applicant"),
submitted a request for a Site Plan Review to renovate the site, expand the
existing convenience store and relinquish the use of the existing automobile
repair area, and a revision to the Conditional Use Permit to obtain a Type 20
ABC license; and,
C. On December 7, 2017, the applicants were issued a letter deeming the
application incomplete.
D. On May 10, 2018, the application was deemed complete after all required
documents were submitted and reviewed.
E. On June 7, 2018, 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,
G. The Planning Commission held a duly noticed public hearing on June 20, 2018,
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 that the
proposed project was reviewed for compliance with the California Environmental Quality Act
CEQA), and is categorially exempt from CEQA, pursuant to Guideline Section 15332 (Class 32,
In -Fill Development Projects). Class 32 consists of projects that are consistent with the General
Plan and zoning, on a site that is less than five acres and does not have any protected habitat,
and can be adequately served by utilities. Staff believes that the proposed project meets all of
these requirements, thus qualifies for a Class 32 exemption.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
PC AGENDA PAGE 14
Resolution No. 18-3060
Downey Planning Commission
A. That 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. It is
staff's opinion that the project is consistent with all applicable goals and policies
specified in the City's General Plan and policies adopted by the City Council. In
addition, the project's main objective to revitalize the site helps achieve various
long term goals. Specifically, the following policies are promoted by the
Conditional Use Permit and Site Plan Review: 1) Policy 8.1. 1— Promote
architectural design of the highest quality. The proposed architecture is a
significant upgrade to the existing facilities on site, and is compatible with
surrounding properties although newer than most developments within its
proximity. The redevelopment of this site has the potential of serving as an
example for higher quality of architecture for future developments within the city.;
and 2) Program 9.1.1.5 — Continue the revitalization of commercial and industrial
corridors. The site has remained relatively the same since 1970 (with the
exception of dozens of minor tenant improvements), and is surrounded by older
developed commercial properties. The quality of design, site layout, and
landscaping not only upgrade the subject property but the surrounding areas as
well.
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
proposed use (alcohol sales) is intended to complement the existing use
gasoline service station). The use is also common within commercial areas and
occasionally found in close proximity to residential areas. The use is a common
practice among these types of retail businesses, and will not create an adverse
impact as a result of approval specifically because the main use of the site will
remain the same. In addition the project involves the remodel of existing
structures and will not introduce an increase of square footage on the site.
However, the proposed conditions of approval are intended to mitigate any
potential impacts.
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 request for the proposed scope of work does not include
changes to the buildings square footage or amount of fuel pumps, rather the
changes are limited to the renovation of existing facilities and change in fagade.
CUP No. 70-38 previously determined the site to be adequate for the existing
use, and the ancillary off sale of beer and wine does not warrant a need for
additional accommodations to the site. In addition, 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. 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 proposed request for off sale
alcohol sales and renovation to the existing facilities in conjunction with the
ongoing operation of an existing gasoline service station is not anticipated to
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 2
PC AGENDA PAGE 15
Resolution No. 18-3060
Downey Planning Commission
generate significant traffic impacts. All parking needs (7 required, 8 provided) will
be met on site, and additional spaces are provided while patrons use the 8
available fuel pumps. In addition, Imperial Hwy and Lakewood Blvd. (Arterial
streets) are designed to accommodate substantially more traffic then what will be
generated by this application request. The four separate driveways also allow
different opportunities for ingress/egress of the site, and disperse traffic.
Therefore, traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
A. That 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. It is
staff's opinion that the project is consistent with all applicable goals and policies
specified in the City's General Plan and policies adopted by the City Council. In
addition, the project's main objective to revitalize the site helps achieve various
long term goals. Specifically, the following policies are promoted by the
Conditional Use Permit and Site Plan Review: 1) Policy 8.1. 1— Promote
architectural design of the highest quality. The proposed architecture is a
significant upgrade to the existing facilities on site, and is compatible with
surrounding properties although newer than most developments within its
proximity. The redevelopment of this site has the potential of serving as an
example for higher quality of architecture for future developments within the city.;
and 2) Program 9.1.1.5 — Continue the revitalization of commercial and industrial
corridors. The site has remained relatively the same since 1970 (with the
exception of dozens of minor tenant improvements), and is surrounded by older
developed commercial properties. The quality of design, site layout, and
landscaping not only upgrade the subject property but the surrounding areas as
well.
B. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located. The purpose of
the C-2 (General Commercial) zone, as stated in the Downey Municipal Code, "is
intended to provide for and encourage the orderly development of general
commercial uses, with a wide variety of goods and services, for the residents of
the entire City, with provisions designed to ensure that such commerce will be
efficient, functionally related, and compatible with adjacent noncommercial
development." The proposed application is in full conformance with the objectives
stated above. This is achieved because gasoline service stations are commonly
found in commercial corridors and compatible with other commercial uses. In
addition, the proposed project continues to provide residents with a variety of
goods and services.
C. That the proposed development's site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City. This achieved by providing aesthetically pleasing
architecture and landscaping. The renovations serve as a significant upgrade
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 3
PC AGENDA PAGE 16
Resolution No. 18-3060
Downey Planning Commission
from the existing facilities on the site. In addition, the streetscape is enhanced
and the transition from the street on to the site is improved by the proposed
landscaping.
D. That the site plan and location of the buildings, parking areas, signs,
landscaping, luminaries, and other site features indicate that proper
consideration has been given to both the functional aspects of the site
development, such as automobile and pedestrian circulation, and the visual
effects of the development from the view of the public streets. No changes will
occur to the building footprint, general location of available parking, amount of
fuel pumps, underground fuel tanks, signs, and site access. Therefore, the viable
functionality aspects of the development have been proven due to the history of
the site. In addition, visual effects of the development from the view of the public
street are enhanced due to the upgrade in building fagade and surrounding
landscape.
E. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities. The overall design objective was to provide architecture
separate from what is typical of an automobile service station, and attempts to
look like a standalone retail store front. The objective is achieved by the
proposed design, and better fits with developments complimentary to commercial
corridors.
F. That the site plan and design considerations shall tend to upgrade property in the
immediate neighborhood and surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare.
The proposed architecture is a significant upgrade to the existing facilities on site,
and is compatible with surrounding properties although newer than most
developments within its proximity. In addition, the redevelopment of this site has
the potential of serving as an example for higher quality of architecture for future
developments within the City of Downey. Lastly, the operational procedures of
the proposed development are also conditioned in an effort to ensure that any
potential effects in public health, safety, comfort and general welfare are
mitigated as much as possible.
G. That the proposed development's site plan and its design features will include
graffiti -resistant features and materials in accordance with the requirements
of Section 4960 of Chapter 10 of Article IV of this Code. The project has been
conditioned to meet the requirements specified in Section 4960 of the Downey
Municipal Code.
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby approves Revision `A' to
Conditional Use Permit No. 70-38 and Site Plan Review (PLN -17-00138), 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.
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 4
PC AGENDA PAGE 17
Resolution No. 18-3060
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20`d day of June 2018.
O inafCy signed by Patrick -Owens
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 20`
d
day of
June 2018, by the following vote, to wit:
AYES: COMMISSIONERS: Dominguez, Flores, Duarte and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Frometa
ABSTAIN: COMMISSIONERS: None
O inaCCy signed by Mary Cavanagh
Mary Cavanagh, Secretary
City Planning Commission
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 5
PC AGENDA PAGE 18
Resolution No. 18-3060
Downey Planning Commission
PLN -17-00138
CONDITIONAL USE PERMIT & SITE PLAN REVIEW)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this revision to Conditional Use Permit No. 70-38 and Site Plan Review
allows for the operation of a gasoline service station with four island fuel pumps (8
individual pumps) with a 2,408 square foot canopy, a 1,990 square foot convenience
store, 91 square foot fast food area, an ABC Type 20 (Off-site Beer and Wine), three
underground fuel tanks, and signage.
2) The resolution, which approved Conditional Use Permit No. 70-38 is hereby voided and
shall no longer be enforceable.
3) Prior to the submittal of plans into Building and Safety Plan Check or commencement of
business, whichever occurs first, the applicant and the property owner shall sign an
affidavit of Acceptance of Conditions, as provided by the City of Downey.
4) The site shall remain in substantial conformance with this request and the approved set
of plans.
5) Revision `A' to Conditional Use Permit #70-38 and approval of the Site Plan Review
PLN -17-00138) 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.
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 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.
8) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any Police Department or
other City Official for purposes of verifying compliance with any of the Conditions of
Approval of this CUP, as well as with any Police Permit and approved Security Plan.
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 6
PC AGENDA PAGE 19
Resolution No. 18-3060
Downey Planning Commission
9) The permitted hours of operation of the convenience store and gasoline service station
are 24 hours a day, 7 days a week.
10) The sale of fast food is limited to 91 square feet and as indicated on the approved set of
plans. Tables and chairs for on-site dining shall be prohibited.
11) Location and configuration, as well as type and amount of cooking equipment,
associated with the 91 square foot fast food area must remain in substantial
conformance with approved set of plans. Any changes to the fast food area must be
approved by the City Planner.
12) All Department of Alcoholic Beverage Control rules and regulations shall be enforced
and complied with. The applicant shall submit to the City Planner a copy of the
Department of Alcoholic Beverage Control license, including any and all conditions
imposed, which will be kept on file in the Planning Division office.
13) Sale of alcohol is 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 liquor/spirits is strictly prohibited.
16) 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.
17) Owners and employees shall regularly patrol the parking lot to prevent patrons from
congregating or loitering in the parking lot.
18) The subject property and surrounding area must be maintained free of trash, litter, and
debris at all times.
19) For security purposes, lighting shall be placed in such a way as to illuminate the area
surrounding the trash enclosure. This lighting shall be un -switched and photo -sensor
controlled.
20) 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.
21) Any graffiti applied to the site shall be removed within 48 hours.
22) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 7
PC AGENDA PAGE 20
Resolution No. 18-3060
Downey Planning Commission
23) The business owner must provide no charge service to any customer. No charge service
include air for tire inflation, water for radiators, windshield washing materials, and men's
and women's public restrooms at no charge.
24) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval the
revision of Conditional Use Permit #70- 38 and Site Plan Review (PLN -18-00138), into
the approved set of building plans.
BUILDING
25) All construction shall comply with the most recent adopted City and State building codes:
a) 2016 California Building Code
b) 2016 California Electrical Code
C) 2016 California Mechanical Code
d) 2016 California Plumbing Code
e) 2016 California Fire Code
f) 2016 California Green Code.
26) Special Inspections — As indicated by California Building Code Section 1704, the owner
shall employ one or more special inspectors who shall provide special inspections when
required by CBC section 1704. Please contact the Building Division at time of plan
submittal to obtain application for special inspections.
27) The Title Sheet of the plans shall include:
a) Occupancy Group
b) Occupant Load
C) Description of use
d) Type of Construction
e) Height of Building
f) Floor area of building(s) and/or occupancy group(s).
28) Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
29) All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
30) The project design will conform with energy conservation measures articulated in Title
24 of the California Code of Regulations and address measures to reduce energy
consumption such as flow restrictors for toilets, low consumptions light fixtures, and
insulation and shall use to the extent feasible draught landscaping.
31) A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions' Code.
32) Public and private site improvements shall be designed in accordance with the
Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan
shall include a site accessibility plan identifying exterior routes of travel and detailing
running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 8
PC AGENDA PAGE 21
Resolution No. 18-3060
Downey Planning Commission
truncated domes. Path of travel shall be provided from the public right of way and
accessible parking to building. The design professional shall ensure that the site
accessibility plan is compliance with the latest Federal and State regulations.
FIRE
33) If applicable, any underground tank work, repair, modifications, or removals shall be
conducted by a licensed contractor (CSLB licenses A, B, C-36, C-61, D-40).
34) Facility's Hazardous Materials Business Plan (HMBP) shall be amended prior to
completion of work [HSC 25505(a)( 2); 25508.1].
35) A Type I hood shall be installed above cooking equipment that produce grease laden
vapors (e.g. frying operations) [CFC §609.2]. Type I hoods shall be protected by an
automatic fire extinguishing - deferred plan submittal for commercial cooking
hood/exhaust automatic fire extinguishing system required [CFC § 904.2. 2].
36) Veeder Root tank monitoring system shall be relocated to an approved location as to be
constantly attended for early detection by station staff.
37) LP -gas cylinder exchange cage shall be located in an approved location and separated
from means of egress [CFC § 6109.4] and be protected from tampering and mechanical
and vehicle damage [CFC §6109.13; 69107.4].
38) Dispensing devices (e.g. fuel island pumps) shall be mounted on 6 inch high concrete
islands AND be protected from vehicle damage by concrete -filled bollards [CFC §
2303.1.1].
39) Emergency disconnect switches shall be provide in an approved location and be
provided with required signs labeled as EMERGENCY FUEL SHUTOFF [CFC § 2303.2].
40) Warning signs shall be conspicuously posted at each dispenser and including the
required warning statements listed in the Fire Code (e.g. NO SMOKING, SHUT OFF
MOTOR, etc.) [CFC § 2305.6].
41) Refrigerated liquid Carbon dioxide tank, if quantity of gas at NTP exceeds 6000 cubic
feet, shall be installed under a separate permit [CFC § 105.6.9].
42) Refrigerated liquid Carbon dioxide tank shall be properly installed as to be protected
from physical damage, with ventilation to meet requirements of CA Mechanical Code,
and have an approved emergency alarm system for continuous gas detection and alarm
to notify occupancy's occupants [CFC § 5307].
43) If present, cooking oil storage utilizing above -ground tanks shall be designed, installed,
and vented as per Section 610 of Fire Code — Commercial Kitchen Cooking Oil Storage.
44) Hazard identification signs as specified by NFPA 704 shall be provided in approved
locations [CFC § 5003.5].
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 9
PC AGENDA PAGE 22
Resolution No. 18-3060
Downey Planning Commission
45) Approved portable fire extinguishers, correctly sized and rated, shall be provided for both
motor vehicle fueling operations [CFC § 2305.5] and cooking grease fires [CFC § 906.4;
CCR Title 19, §573(a) -(c)].
46) Vent line (pipe) outlets shall be located such that the vapors are released at a safe point
outside of building [CFC § 5704.2.7.3.3].
47) If present, ensure proper removal of below grade lifts at service bay; and undertake
required actions to properly site characterize site for presence of any unauthorized
hazardous material releases; and undertake required cleanup actions to properly abate
the release [CFC § 5003.3; 5003.3.1; 5003.3.1.4].
48) In scope of work, please provide clarification as to disposition of waste (used) oil
underground storage tank. With removal of vehicle servicing, is tank to remain or be
removed? Is tank to be relocated with convenience store expansion? If tank is to be
removed, a separate UST removal permit from this agency shall be required. Please
refer to item #1 for contractor requirements.
49) Complete and submit a Change in Occupancy Use form.
PUBLIC WORKS
50) All public utilities shall be installed underground.
51) Proposed public improvements shall comply with the latest edition of Standard
Plans and Specifications for Public Works Construction, City of Downey
standards and the Americans with Disabilities Act (ADA).
52) Obtain permits from the Public Works Department for all improvements within the
public right of way at least two weeks prior to commencing work. Contact Brian
Aleman, Assistant Civil Engineer I, at (562) 904-7110 for information.
53) Submit any public improvement plan(s) for review and approval by Public Works
Department.
54) Remove all Underground Service Alert (USA) temporary pavement markings
immediately following the completion of the work / Final permit inspection.
55) Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
56) Remove and replace damaged, uneven or sub -standard curb, gutter, sidewalk,
driveway, disabled ramps, and pavement to the satisfaction of the Public Works
Department. Contact the Public Works Inspector at (562) 904-7110 to identify
the limits of the areas to be removed and replaced at least 48 hours prior to
commencing work.
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 10
PC AGENDA PAGE 23
Resolution No. 18-3060
Downey Planning Commission
57) The facility must provide for recycling facilities, i.e., storage and handling areas
for recycling facilities. Trash enclosure shall include floor drain connection to
grease interceptor and water hose bib connection for maintenance.
58) Owner applicant shall grant a 10 foot right-of-way easement for future street
widening along Imperial Hwy Frontage.
59) The owner/applicant shall comply with the National Pollutant Discharge
Elimination System (NPDES); Ordinance 1142 of the Downey Municipal Code
DMC); and the Low Impact Development (LID) Plan. Furthermore, the applicant
shall be required to Certify and append Public Works standard "Attachment A" to
all construction and grading plans as required by the LACoDPW Stormwater
Quality Management Plan (SQMP).
60) If any hazardous material is encountered on the site that has the potential to
reach the ground water supply, the owner/applicant shall secure a permit for the
State Regional Water Quality Control Board.
61) If any hazardous material is encountered on the site, the owner/applicant shall
secure an ID number from the EPA.
62) The owner/applicant shall deploy Best Management Practices during and after
construction.
63) The owner/applicant hereby consents to the annexation of the property into the
Downey City Lighting Maintenance District in accordance with Division 15 of the
Streets and Highways Code, and to incorporation or annexation into a new or
existing Benefit Assessment or Municipal Improvement District in accordance
with Division 10 and Division 12 of the Streets and Highways Code and/or
Division 2 of the Government Code of the State of California.
64) The facility must provide for recycling facilities, i.e., storage and handling areas
for recycling facilities. Trash enclosure shall include roof cover, floor drain
connection to grease interceptor and water hose bib connection for maintenance.
65) Complete a construction & demolition (C& D) waste management plan per Article
V, Chapter 8 of the Downey Municipal Code.
66) Remove all construction -related Underground Service Alert (USA) temporary
pavement markings created as part of this project within the public -right-of-way in
a timely manner.
67) The owner/applicant must comply with all applicable Federal, State and local
rules and regulations, American Disabilities Act (ADA), including compliance with
South Coast Air Quality Management District (SCAQMD) regulations.
End of Conditions]
PLN -17-00138 — 9002 Imperial HWY
June 20, 2018 - Page 11
PC AGENDA PAGE 24
"Site Plan for Reference only"PC AGENDA PAGE 25
SpiritsPC AGENDA PAGE 26