HomeMy WebLinkAboutResolution No. 6597 RESOLUTION NO. 6597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT
NO. 02-08 FOR THE EXPANSION OF AN EXISTING CAR WASH FACILITY
FOR PROPERTY LOCATED AT 7423 FIRESTONE BOULEVARD, ZONED C -2
(GENERAL COMMERCIAL).
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey does hereby find, determine and
declare that:
A. An application was filed with the City Planning Department by Christos
Smyrniotis (hereinafter "Applicant ") requesting approval from the Planning
Commission for an expansion of an existing car wash facility (Firestone Car
Wash) at 7423 Firestone Boulevard, City of Downey, California (hereinafter
"subject site "), zoned C -2 (General Commercial).
B. The applicant also concurrently applied for Zone Variance No 02 -27 for a
variance to section 9124 of the Downey Municipal Code relating to rear yard
setbacks for the subject site.
C. The Planning Commission held a duly noticed public hearing on May 15, 2002
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 2186, approving
Conditional Use Permit No. 02 -08.
D. An appeal of the decision of the Downey Planning Commission was filed by
Chong Sik Kim, applicant and owner of the subject property, on May 29, 2002.
E. The City Council held a duly noticed public hearing on August 27, 2002 which
was continued to September 10, 2002 and, after fully considering all oral and
written testimony and facts and opinions offered at the aforesaid public hearing,
adopted Resolution No. 65 97 , approving the appeal of Conditional Use
Permit No. 02 -08.
SECTION 2. Having considered all of the oral and written evidence presented to it at
the said public hearings, the City Council further finds, determines and declares that:
A. The requested conditional use permit will not adversely affect the purpose and
intent of the Downey Municipal Code or the Downey General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood. The applicant's clean -up of the canopies does visually blend in
with the existing buildings. In addition, with the conditions requiring the
proposed detail canopy to comply with the City's design criteria, any possible
impacts would be further reduced.
RESOLUTION NO. 6597
PAGE 2
B. The approval of the canopies will not affect adjoining land uses because drying
and detailing is an activity that may be associated with a car wash business.
Conditions have been added to reduce any possible impacts to the adjoining
properties.
C. The size and shape of the subject property is adequate to allow proposed canopies
in a manner not detrimental to the particular area since the canopies do not take up
any required parking.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. Vehicle trip generation by the proposed new
canopies will not increase substantially over what is currently occurs at the subject
property. Firestone Boulevard is designated as a major arterial, while Old River
School Road is a designated secondary highway and both are more than adequate
to traffic from the proposed use.
E. The environmental impact of the proposed development has been reviewed and
had been found to be in compliance with the California Environmental Quality
Act (C.E.Q.A.) and is categorically exempt, Class 3 (New Construction or
Conversion of Small Structures).
SECTION 3. Based upon the findings set forth in Section 1 and 2 of this Resolution,
the City Council of the City of Downey hereby approves the appeal and approves Conditional
Use Permit No. 02 -08 for property at 7423 Firestone Boulevard, zoned C -2 (General
Commercial), subject to conditions of approval attached hereto as Exhibit A.
SECTION 4. This Conditional Use Permit shall become null and void unless
construction has commenced within one year of this approval and pursued diligently to
completion or an one -year extension of time granted by the Downey Planning Commission,
pursuant to Section 9166 of the Downey Municipal Code.
RESOLUTION NO, 6597
PAGE 3
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10th day of September , 2002.
W
MEREDITH H. PERKINS, Mayor
ATTEST:
___&22
KATHLEEN L. MIDSTOKKE, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 10th day of September , 2002
by the following vote, to wit:
AYES: 4 Council Members: Cartozi an , Tre jo , Winningham, Perkins
NOES: 1 Council Members: McCarthy
ABSENT: 0 Council Members: None
AB STAIN: 0 Council Members: None
41/-i/K);
KATHLEEN L . MIDSTOKKE , City Clerk
RESOLUTION NO. 6597
PAGE 4
CONDITIONAL USE PERMIT NO. 02-08
EXHIBIT A - CONDITIONS
PLANNING
1) This approval is to permit a conditional use permit to allow the expansion of an existing
car wash to include a drying canopy (10' x 49' x 10' high) and the detailing canopy (10'
x 32' x 10' high) which shall meet the established design criteria for "automobile car
washing and auto detailing facilities, as shown on the approved site plan, and herein
amended, stamped received on April 24, 2002. Deviations or exceptions from said site
and floor plan, other than those authorized by this resolution, shall not be permitted
without the approval by the Downey Planning Commission.
2) The Downey Planning Commission shall retain jurisdiction to amend or add conditions
with public notice to assure compatibility with the purpose and intent of the
Comprehensive Zoning Ordinance and to protect the public health, safety and general
welfare.
3) The existing landscaping and irrigation shall be upgraded, and specimen -type trees shall
be added to the southerly planter adjacent to the drying canopy and approved by the
Y p J rY g pY Pp Y
Planning Division; and all these areas shall be permanently maintained, as set forth in
Section 9152 of the Downey Municipal Code.
4) The following design criteria shall be required for canopies within fifty (50') feet of the
public right -of -way and is readily visible from the public right of way:
a) The canopies shall be designed as a permanent structure. A building permit shall
be required and the canopy shall have a foundation and shall comply with all
Building and Fire code requirements to insure the public health and safety of the
occupants who are working beneath it.
b) The canopies' design shall incorporate the architecture, building materials and
colors of the primary structures on the property.
c) Canopies with cloth/canvas /acrylic material shall be required to replace the
material within 30 days of becoming torn, tattered, faded or when the
manufacturer specifications indicate their replacement (e.g. 2years, 5years, etc.).
The applicant shall provide the city the manufacturer's specification on the
replacement of the canopy material and this date shall be shown on the permit and
the manufacturer's specification shall be kept on file in the Planning and Building
and Safety Divisions. This requirement shall also be added as a condition of
approval for the establishment and operation of a car washing and /or automobile
detailing facility.
d) Multiple canopies shall be designed to be architecturally integrated.
RESOLUTION NO. 6597
PAGE 5
5) The following design criteria shall be required for canopies beyond fifty (50 ") feet of the
public right -of -way:
a) Canopies beyond fifty (50') feet of the public right -of -way may reflect a simpler
design, and may rely upon color to integrate the appearance of the canopy
structure with the primary structures on the property.
6) All conditions of Conditional Use Permit No. 02 -08 and Zone Variance No. 02 -27
shall be complied with before this Conditional Use Permit becomes valid.
BUILDING DIVISION
7) Obtain all necessary plan approvals and permits.
8) All portions of a structure within 3' from a property line shall be 1 -hour fire rated.
H: \PLANNING \nguyen \Cases \CUP \CUP 02 -08 \CCappeal \CUP02- 08ccreso.doc