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HomeMy WebLinkAbout3- PLN-11-00079, 11416 ORSR, (sr)STAFF REPORT DATE: APRIL 20, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN -11 -00079 (CUP) - A REQUEST TO CHANGE THE ADDRESS ON AN EXISTING CONDITIONAL USE PERMIT, ALLOWING A 1,500 SQ. FT. SECOND -HAND STORE WITHIN AN EXISTING MULTI - TENANT BUILDING, FROM 11406 OLD RIVER SCHOOL ROAD TO 11416 OLD RIVER SCHOOL ROAD ON PROPERTY ZONED C -2 (GENERAL COMMERCIAL). CEQA 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). 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 the California Environmental Quality Act. Class 1 consists of projects that involve no or negligible expansion of the existing use. RECOMMENDATION Staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -11 -00079 (CUP), TO CHANGE THE ADDRESS ON AN EXISTING CONDITIONAL USE PERMIT, ALLOWING A 1,500 SQ. FT. SECOND -HAND STORE WITHIN AN EXISTING MULTI - TENANT BUILDING, FROM 11406 OLD RIVER SCHOOL ROAD TO 11416 OLD RIVER SCHOOL ROAD ON PROPERTY ZONED C -2 (GENERAL COM MERCIAL). CODE AUTHORITY The Planning Commission's authority to consider the request is set forth in Downey Municipal Code Section 9314.04(a), Table 9.3.5, which lists "Retail sales, used ", as conditional uses. PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA PROPERTY LOCATION 11416 Old River School Rd SITE DESCRIPTION A. Subject Property: 1. Property Information: Site Location: rTorth East South West 2. Applicant Information: Property Owner: Representative: 3. CEQA Determination: 4. Noticing Information: Property Notification: Required Action Date: B. Surrounding Properties: April 14, 2011 June 13, 2011 Zone C2 — General Commercial R1 -5000 — Single - Family Residential C2 — General Commercial C2 — General Commercial Use PLN -11 -00079 - 11416 Old River School Road April 20, 2011 - Page 2 11416 Old River School Road AIN: 6248 - 003 -025 & 026 Robert M. Marshall Trust 39687 S. Old Arena Dr. Tucson, AZ 85739 Rosa Martha Velez 11416 Old River School Rd. Downey, CA 90241 Categorical Exemption (Class 1) Commercial buildings Single Family Homes Apartment Complex Commercial buildings C. Photograph of Subject Site: BACKGROUND/ DISCUSSION The subject property is located at 11400 -11420 Old River School Road and is zoned C -2 (General Commercial). The General Plan Land Use Designation for the site is General Commercial. The property has an area of 76,860 square feet with a width of 384.26 feet along Old River School Road and a depth of 200.11 feet along Burns Avenue. It is developed with a multi- tenant commercial center. On November 4, 2009, the Planning Commission adopted Resolution No. 09 -2611 approving Conditional Use Permit No. 09 -54 thereby allowing a 1,500 sq. ft. second -hand store within an existing multi- tenant building at the subject property. The applicant, Mrs. Velez, proposes to move the second -hand store from the original corner tenant space to an interior tenant space within the same multi- tenant building. The tenant space will continue to measure the same 1,500 sq. ft. that was originally permitted by CUP No. 09 -54. No exterior improvements are proposed at this time; interior improvements include new shelving, racks and display areas. Hours of operation have been proposed as Sunday through Saturday, 9:00 a.m. to 9:00 p.m., at which time the store will be open for retail sales and will include two full -time employees. Although the subject site does not meet the minimum amount of required parking due to its development in 1968, the proposed second -hand store is not expected to impact the center's parking supply because the existing center was developed for retail use; the subject tenant space has been and will continue to be used as such. FINDINGS The following findings must be made to approve a Conditional Use Permit (Downey Municipal Code Section 9824.06): 1. That the requested conditional use permit will not adversely affect the purpose and intent of this chapter or the City's General Plan or the public convenience or general PLN -11 -00079 - 11416 Old River School Road April 20, 2011 - Page 3 welfare of persons residing or working in the neighborhood thereof. The requested conditional use permit to allow a second -hand store will not adversely affect the purpose and intent of the General Plan or general welfare of persons residing or working in the area because the proposed second -hand store will be located within an existing retail center that is zoned General Commercial and for which its General Plan designation is General Commercial as well. 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. The proposed second -hand store does not adversely affect the adjoining land uses since the proposed use will conform to its C -2 zone development standards, with the approval of this Conditional Use Permit. In addition, surrounding properties are already developed with general commercial uses. 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 size and shape of the subject property is adequate to allow the development of a second -hand store in a manner not detrimental to the area because said use does not call for the development of any new structures on the site and was originally developed as a retail center to house such uses. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Old River School Road serves the project site and it is classified as a Secondary Arterial Highway on the City's Master Plan of Streets and Highways. The volume of traffic that the retail use is estimated to generate will not burden the highway. The subject property has been in operation since 1968 and its traffic volumes have not adversely impacted Old River School Road. The highway contains two lanes in each direction, which run across Firestone Boulevard. It would be able to absorb any additional traffic the requested use may create. CONCLUSION Staff finds that the proposed second -hand store will be compatible with the existing uses at this multi- tenant center, subject to the recommended conditions of approval. It will give the center a more diverse tenant base with other existing personal service, commercial, office and restaurant uses. As such, staff recommends that the Planning Commission of the City of Downey approve PLN -11 -00079 (CUP) to change the address on an existing conditional use permit, thereby allowing a 1,500 sq. ft. second -hand store within an existing multi- tenant building to move from 11406 Old River School Road to 11416 Old River School Road. PLN -11 -00079 - 11416 Old River School Road April 20, 2011 - Page 4