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HomeMy WebLinkAbout2. PLN-13-00202 - 11426 Old River School STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: NOVEMBER 6, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-13-00202 - A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A RETAIL STORE THAT INCLUDES THE SALE OF ITEMS ON CONSIGNMENT (USED RETAIL) LOCATION: 11426 OLD RIVER SCHOOL ROAD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY On September 20, 2013, Mr. Roberto Arredondo submitted a Land Use Permit Application (hereinafter referred to as PLN-13-00202), seeking the Planning Commission’s approval of a conditional use permit to establish a used retail store (Mr. Luxury) that includes the sale of items on consignment. After reviewing the Applicant’s request, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00202 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A RETAIL STORE (MR. LUXURY) THAT INCLUDES THE SALE OF ITEMS ON CONSIGNMENT (USED RETAIL), ON PROPERTY LOCATED AT 11426 OLD RIVER SCHOOL ROAD, ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The Applicant, Mr. Roberto Arredondo is requesting approval of a conditional use permit to establish a new apparel and accessory store (Mr. Luxury) that includes pre-owned items, as a tenant of an existing shopping center. The rectangular-shaped site is located at the southeast corner of Old River School Road and Burns Avenue. The subject site is a 76,860 square foot (1.76 acres) parcel and it is comprised of a standalone restaurant (Habana Cafe) and two rectangular-shaped, single-story commercial buildings. The proposed retail store would occupy one of 12 tenant spaces at the larger building at which, the applicant refers to the tenant space address as 11426 Old River School Road for their use. The subject property is zoned C-2 (General Commercial) with a General Plan Land Use Designation of General Commercial (GC). The subject site exists in an area with similarly-zoned commercial developments to the north, south, and west, with single-family residences abutting the easterly side of the site. PLN-13-00202 – 11426 Old River School Road. November 6, 2013 - Page 2 After a careful review of the proposal, staff deemed the application complete on October 21, 2013. On October 24, 2013, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot. DISCUSSION/ANALYSIS PLN-13-00202 requests the Planning Commission’s approval of a retail store that sells items on consignment. The proposed use (Mr. Luxury) comprises 900 sq. ft. of floor area, which includes racks, shelves for displaying of merchandises, a restroom, a storage room, and a small fitting room. In the “Business Plan Portfolio” submitted with the application, the applicant mentions that his business’s concept will be based upon the characteristics of “Buy, Sell, Trade, and Consign”. The proposed hours of business are Monday and Tuesday 10 a.m. – 6 p.m., Wednesday through Saturday 10 a.m. – 8 p.m., and closed on Sunday. The applicant proposes to buy and sell designer clothes and accessories to and from the public for either cash, check or store credit. For example, customers above the age of 18 years old are allowed to bring in used garments and sell it to the Mr. Luxury store. The store owner will offer a price and pay check to the seller. In addition, Mr. Luxury also offers items on consignment such as designer clothing and accessories. With the consignment aspect of the business, according to the applicant, a customer can bring in an item in good condition and the Mr. Luxury will offer a selling price to the seller. The item will be displayed in the store until it’s sold and that customer will return to the store to pick up the check minus 50 percent of the selling price on the item. The parking standard for retail sales is one parking space per 250 square feet of gross floor area. By that standard, Mr. Luxury would require four (4) parking spaces, based on the ratio of 900 sq. ft. of floor area /250. Although the subject site does not meet the minimum amount of required parking due to its development in the 1968, staff does not expect the proposed store to impact the center’s parking supply because the existing center was developed for retail uses, and the subject tenant space will continue to be used as such. In reviewing the application, staff finds that the proposed used retail 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, allowing for a service that is not currently offered, with other existing personal service, commercial, office and restaurant uses. 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). 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. It is staff’s opinion the proposed retail store will not have a significant effect on the environment; thereby staff feels that this request qualifies for this exemption. FINDINGS Pursuant with Section 9824 of the Downey Municipal Code, staff has reviewed the proposal and has developed the following findings to support the approval of PLN-13-00202: PLN-13-00202 – 11426 Old River School Road. November 6, 2013 - Page 3 1. 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. The subject site’s use as a used retail business is consistent with its General Plan designation of “General Commercial.” The request will be compatible with the development patterns in the area and the scale is small enough that it will not impact nearby uses. The proposed use requires only four (4) parking spaces, an amount that is consistent with the amount of parking this center was designed to accommodate for retail uses. Furthermore, the site contains sufficient parking for the proposed use. 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 development on the subject property is oriented towards Old River School Road and located within a commercial center. The subject property is currently used as a multi-tenant retail center. As such, the proposed used retail store will 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 full development of the proposed use in a manner not detrimental to the area. The subject property covers approximately 76,860 square feet of land, with 384.26 feet of frontage along Old River School Road and 200.11 feet of frontage along Burns Avenue, which exceeds the minimum requirements of the Downey Municipal Code. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed will not impose an undue burden upon the streets and highways in the area. A major arterial street (Firestone Boulevard), a secondary arterial street (Old River School Road), and a collector street (Burns Avenue) border the subject property. Firestone Boulevard provides immediate access to the Interstate 710 Long Beach Freeway and the Interstate 605 San Gabriel River Freeway and serves a through route for traffic passing east and west through the City. Firestone Boulevard and Old River School Road have sufficient capacity to absorb any additional traffic the requested use may create. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the information contained in this report, staff supports the proposed used retail business, subject to conditions of approval. Furthermore, staff believes that all findings required to approve the conditional use permit application for the proposed project can be made in a positive manner. As such, staff recommends that the Planning Commission adopt a resolution approving PLN-13- 00202 (Conditional Use Permit), subject to the conditions of approval, as stated in this staff report and in Exhibit A of the Planning Commission Resolution. PLN-13-00202 – 11426 Old River School Road. November 6, 2013 - Page 4 Exhibits Location Aerial Photograph FIRESTONE BLVD. OLD RIVER SCHOOL ROAD SUBJECT PROPERTY PLN-13-00202 – 11426 Old River School Road. November 6, 2013 - Page 5 Zoning Map 500’ Radius Map RESOLUTION NO. 13-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00202 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A RETAIL STORE THAT INCLUDES THE SALE OF ITEMS ON CONSIGNMENT (USED RETAIL), ON PROPERTY LOCATED AT 11426 OLD RIVER SCHOOL ROAD, 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 September 20, 2013, the applicant, Mr. Roberto Arredondo, submitted an application for PLN-13-00202 (Conditional Use Permit), requesting approval of a conditional use permit application to allow a used retail store that includes the sale of items on consignment, within a multi-tenant commercial building, on property zoned C-2 (General Commercial); and, B. On October 21, 2013, staff deemed the application complete, thus allowing it to be scheduled for a public hearing; and, C. On October 24, 2013, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot; and E. The Planning Commission held a duly noticed public hearing on November 6, 2013, and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 13-____, subject to conditions of approval (Exhibit A). SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). 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: 1. 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. The subject site’s use as a used retail business is consistent with its General Plan designation of “General Commercial.” The request will be compatible with the development patterns in the area and the scale is small enough that it will not impact nearby uses. The proposed use requires only four (4) parking spaces, an amount that is consistent with the amount of parking this center was designed to accommodate for retail uses. Furthermore, the site contains sufficient parking for the proposed use. Resolution No. 13-____ Downey Planning Commission PLN-13-00202 (CUP) – 11426 Old River School Rd November 6, 2013 - Page 2 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 development on the subject property is oriented towards Old River School Road and located within a commercial center. The subject property is currently used as a multi-tenant retail center. As such, the proposed retail store will 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 full development of the proposed use in a manner not detrimental to the area. The subject property covers approximately 76,860 square feet of land, with 384.26 feet of frontage along Old River School Road and 200.11 feet of frontage along Burns Avenue, which exceeds the minimum requirements of the Downey Municipal Code. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed will not impose an undue burden upon the streets and highways in the area. A major arterial street (Firestone Boulevard), a secondary arterial street (Old River School Road), and a collector street (Burns Avenue) border the subject property. Firestone Boulevard provides immediate access to the Interstate 710 Long Beach Freeway and the Interstate 605 San Gabriel River Freeway and serves a through route for traffic passing east and west through the City. Firestone Boulevard and Old River School Road have sufficient capacity to absorb any additional traffic the requested use may create. 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 PLN-13-00202 (Conditional Use Permit), 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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of November. 2013. Louis Morales, Chairman City Planning Commission Resolution No. 13-____ Downey Planning Commission PLN-13-00202 (CUP) – 11426 Old River School Rd November 6, 2013 - Page 3 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 6th day of November, 2013 by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Resolution No. 13-____ Downey Planning Commission PLN-13-00202 (CUP) – 11426 Old River School Rd November 6, 2013 - Page 4 PLN-13-00202 (CONDITIONAL USE PERMIT) EXHIBIT A – CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN-13-00202 (Conditional Use Permit) allows the operation of a retail store that includes the sale of items on consignment (used retail), on property at 11426 Old River School Road in Downey. 2) Approval of this Conditional Use Permit 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) All conditions of approval for PLN-13-00202 (Conditional Use Permit) shall be complied with before the Conditional Use Permit becomes valid. 5) The owner/applicant shall not permit any loitering on the property. 6) The owner/applicant shall obtain a “secondhand dealer” license and shall comply with and strictly adhere to all conditions of any permit issued by the State of California, under Business and Professional Code Section 21625-21647. 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. BUILDING 8) If applicable, all construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 9) Prior to the commencement of any construction, the owner/applicant shall obtain all required permits and necessary inspections prior to beginning operation of the site.