HomeMy WebLinkAbout2015 063 CC RESO RESOLUTION NO. 2015-063
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK (1) ADOPTING THE FINDINGS OF FACT; (2)
APPROVING THE ISSUANCE OF A PUBLIC CONVENIENCE OR
NECESSITY; AND (3) APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE OFF-SITE SALES OF BEER AND WINE
IN CONJUNCTION WITH A CONVENIENCE STORE PURSUANT
TO SECTION 153.120.050.A.1 OF THE CITY'S MUNICIPAL
CODE. (LOCATION: 3160 BALDWIN PARK BLVD.; APPLICANT:
BOB ABBOTT WITH STANTEC ARCHITECTURE
REPRESENTING CHEVRON CORPORATION; CASE NUMBER:
CP-818).
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park does hereby find,
determine, and declare as follows:
(a) An application ("Application") for a conditional use permit was
submitted on behalf of the owner of certain real property, located at 3160
Baldwin Park Blvd. in the City of Baldwin Park, described more particularly in
• the Application on file with the City Planner; and
(b) The Application was sought to approve a conditional use permit
for the off-site sales of beer and wine in conjunction with a convenience store
with gasoline station (Chevron) and fast food restaurant (McDonald's) within the
F-C, (SV), Freeway Commercial Sierra Vista Overlay Zone pursuant to Table
153.050.020 in the City's Municipal Code; and
(c) Under Section 23958.4 of the California Business and
Professions Code, a finding of 'Public Convenience or Necessity must be made
by the appropriate local jurisdiction before the California Department of
Alcoholic Beverage Control (ABC) may issue a license for the off-site sale of
beer and wine, here as in this instance, there will be an over-concentration of
licenses in the census tract that includes the applicant's premises upon
approval of the requested conditional use permit; and
(d) A duly noticed public hearing was held on said Application by the
Planning Commission December 10, 2014. At said meeting the Planning
Commission voted to deny the request and directed Planning Division staff to
return to the next scheduled Planning Commission meeting, a resolution of
denial; and
(e) On January 25, 2015, a resolution of denial, denying a request for
• a conditional use permit for the off-site sales of beer and wine in conjunction
with a convenience store was presented to the Planning Commission. The
Planning Commission voted 5-0 to adopt the resolution of denial; and
Resolution No. 2015-063
June 3, 2015
Page 2
•
(f) On February 9, 2015, Robert Abbott with Stantec Architecture
submitted a complete and timely appeal of the Planning Commission's decision
to the City Clerk of the City of Baldwin Park; and
(g) A duly noticed public hearing was held on said Application by the
City Council on March 18, 2015. The City Council, after reviewing the Staff
Report, Administrative Record, and considering oral evidence during said public
hearing, continued the item to the City Council meeting on April 15, 2015; and
(h) A duly noticed public hearing was held on said Application by the
City Council on April 15, 2015. The City Council, after reviewing the Staff
Report, Administrative Record, and considering oral evidence during said public
hearing, found that there are the requisite findings to grant the conditional use
permit; and
(i) Each fact set forth in the staff report dated April 15, 2015, from
Marc Castagnola, AICP, Community Development Director and Amy L. Harbin,
AICP, City Planner to the Mayor and City Council ("Staff Report") is true and
correct.
SECTION 2. The City Council does hereby adopt the following Findings of Fact
•
applicable to all conditional use permits:
(a) Conditionally permitted. The use of off-site sales of beer and
wine is conditionally permitted within the subject FC(SV) Freeway Commercial
Sierra Vista Overlay Zone and complies with the intent of all applicable
provisions of this chapter (Subchapters 153.210.450 through 153.210.495 of
the City's Municipal Code); and
(b) Zone integrity and character. The use will not impair the
integrity and character of the zone in which it is to be located as the use of the
property as a convenience store is located within the F-C (SV), Freeway
Commercial Sierra Vista Overlay Zone and is adjacent to uses that are
commercial in nature as well including Target and Food 4 Less; and
(c) Site suitability. The subject site is physically suitable for the
type of use being proposed in that the size of the property is adequate in size
and shape to accommodate the proposed use provided that the Applicant
adheres to the conditions of approval as indicated. The proposed off-site
sales of beer and wine will not create any interference with the on-site
circulation or off-site traffic flow as it has been in existence for almost twenty
years without any complaints to the City's Code Enforcement Division; and
(d) Existing compatibility. The use is compatible with any land
uses presently on and adjacent to the subject property, in that site is currently
utilized for the use of a convenience store which is of a commercial type in
Resolution No. 2015-063
June 3, 2015
Page 3
• nature. As a condition of approval, the convenience store will continue to
operate 24 hours a day and the offsite-sales of beer and wine will be from
6:00am to 2:00am, 7 days a week; and
(e) Future compatibility. The additional sales of alcohol is
compatible with existing and future land uses within the zone and the general
area in which the proposed use is to be located, maintain its commercial/
retail uses/perspective; and
(f) Utilities and services. Since no improvements are proposed to
the building and the building is currently existing, there are adequate
provisions for water, sewer, public utilities, and services which would not
cause a detriment to public health and safety; and
(g) Public access. Adequate provisions for public access are
available to serve the proposed use; and
(h) General Plan consistency. The use is consistent with the
General Plan in that the proposed use supports Goal 1.5 of the Land Use
Element by improving and expanding the commercial base of the City and
creating areas for compatible commercial uses; and
• (i) Safety and welfare. The use will not be detrimental to the
public interest, health, safety, convenience or welfare. Although the site is
adjacent to residentially zoned properties, the current zoning of the property
permits such use and is compatible with similar uses in the surrounding area.
Furthermore, police records indicate this area to have little to no criminal
activity and additional criminal activity is not anticipated by either the Police
Department and/or Code Enforcement Department.
SECTION 3. The Application, as herein above described below, and the same
is hereby approved subject to the following conditions:
a) The property shall be maintained in substantial accordance with
Exhibit "A" dated December 10, 2014; and
b) Applicant shall submit a property maintenance plan pursuant to
Section 153.120.060 of the City's Municipal Code which will outline measures
taken in order to prevent loitering, panhandling, graffiti, littering and other public
nuisances. Said Property Maintenance Plan shall be submitted to the Planning
Division no later than twenty (20) days after the effective date of Resolution
2015-063 and shall be incorporated into these conditions of approval; and
c) Applicant shall submit a detailed plan for security measures
41 pursuant to Section 153.120.080 of the City's Municipal Code. Security
measures shall include items such as alarms, security guards and interior
and/or exterior cameras. Said Security Plan shall be submitted to the Planning
Resolution No. 2015-063
June 3, 2015
Page 4
• Division no later than twenty (20) days after the effective date of Resolution
2015-063 and shall be incorporated into these conditions of approval; and
d) The use shall be operated and the subject property be maintained
in a neat and orderly manner; that the site shall be kept free of litter and
that all graffiti (throughout the property) shall be removed within twenty-four
(24) hours at the expense of the Applicant and/or owner; and
e) Any and all permanent and temporary signs require separate
fees, review, and approval from the Planning Division; and
f) Except for the posting of an "Open/Closed" sign and the business
hours, there shall be no signs or other obstructions in the front facing windows;
and
g) There shall be no window signage advertising any tobacco or
alcohol (beer and wine) products; and
h) Posting of signs along the exterior of the building which include
"no open containers', no consumption of alcoholic beverages on the premises
and "no loitering'; and
i) Applicant shall post signage at the food mart in compliance with
•
any and all municipal codes notifying the public in both English and Spanish
with regard to `Open containers and consumption on the premises"; and
j) There shall be no exterior advertising or window signage
advertising beer and/or wine products; and
k) No Signage advertising beer and/or wine will be visible from the
entry to the adjacent McDonald's fast food restaurant; and
I) There shall be no placement of outdoor advertising boards on the
exterior walls of the building; and
m) Beer and wine cooler doors shall have locks to secure said
contents during the hours between 2:00am and 6:00am, seven (7) days a
week; and
n) Alcoholic beverage sales shall be limited to beer and wine; and
o) No fortified wines or malt liquor shall be sold from the location;
and
p) There shall be no beer and/or wine advertisement located on the
• motor fuel island; and
Resolution No. 2015-063
June 3, 2015
Page 5
• q) Beer and wine shall not be displayed at the cash register or the
front door. Beer and wine shall only be displayed in the specified cooler doors
located at the rear of the store; and
r) No beer and wine display shall be made from an ice tub; and
s) No self-illuminating beer and/or wine advertising shall be located
on the building or visible from the windows; and
t) Employees on duty from 7:00pm and 2:00am who sell beer and
wine shall be at least 21 years of age; and
u) Containers of beer measuring less than twenty-two (22) ounces
and single servings of wine less than seven hundred fifty (750) milliliters shall
be prohibited; and
v) Security cameras shall be provided and continuously maintained
on a perpetual basis as shown on the floor plan of Exhibit "A", dated December
10, 2014; and
w) The recording of surveillance cameras shall be maintained for a
period of no less than 14 days and shall be made available to the Police
Department upon request; and
• x) The City's Police Department shall be provided with an up to date
security plan for the subject property, which shall include any interior and
exterior surveillance cameras, monitors and any mirrors located strategically
around the store as an anti-theft device; and
y) Current and up to date emergency notification information shall be
kept on file with the Police Department; and
z) The building address shall be painted and maintained in a visible
manner on the roof of the building in accordance with the "Baldwin Park Police
Department's Operation Rooftop Guidelines"; and
aa) There shall be no placement of any exterior vending machines or
the like within the sidewalk area immediately in front of or adjacent to the
storefronts; and
bb) The off-site sales of beer and wine shall be limited to the hours of
6:00 a.m. to 2:00 a.m., 7 days a week; and
cc) The applicant shall comply with all requirements imposed
by the State Department of Alcoholic Beverage Control and that failure
• to do so will be grounds for an immediate revocation hearing of CP-818; and
Resolution No. 2015-063
June 3, 2015
Page 6
• dd) The applicant shall be subject to the tobacco licensing fee for the
sale of tobacco products; and
ee) Once the use of this specific location as a convenience store
with the off-site sales of beer and wine is abandoned, or its operations is
discontinued, or the off- site sales of alcoholic beverages is discontinued, for a
period of 60 consecutive days, this conditional use permit shall become null
and void (Section 153.120.090 of the City's Municipal Code); and
ff) The Applicant shall comply with all conditions of approval within
six (6) months of the effective date of this Resolution or CP-818 shall become
null and void and subject to revocation pending a public hearing by the
Planning Commission or the City Council on appeal. Any costs associated with
the revocation of this conditional use permit shall be paid by the applicant
and/or owner; and
gg) The applicant shall sign a notarized affidavit within ten (10)
days after the date of this resolution stating that the applicant has read and
accepts all of the conditions of approval.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution and
forward a copy hereof to the Applicant.
•
PASSED, APPROVED AND ADOPTE► • s 3 d- f of June, 2015.
It alrir
MANUELLVIO
MAYOR
•
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Resolution No. 2015-063
June 3, 2015
Page 7
• ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the foregoing
Resolution No. 2015-063 was duly adopted by the City Council of the City of Baldwin Park at
a regular meeting thereof held on June 3, 2015 and that the same was adopted by the
following vote to wit:
AYES: COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: None.
ABSTAIN: /o ,NCIL MEMB S: None.
• ea<1
• ALEJAND' ' AVILA
CITY CLERK
•
MIMS