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HomeMy WebLinkAbout3. PLN-13-00192 - 9844 Paramount STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: NOVEMBER 6, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-13-00192 (CONDITIONAL USE PERMIT) – A REQUEST OPERATE A USED AUTOMOBILE SALES LOT. LOCATION: 9844 PARAMOUNT BLVD (AIN 6361-020-017 & 6361-020-018) ZONING: C-2 (GENERAL COMMERCIAL) & P-B (PARKING BUFFER) REPORT SUMMARY The proposed request is to allow the operation of a used automobile sales lot at the subject site. Based on the analysis contained within this report, staff feels that all required findings to approve the project can be made in a positive manner; as such, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-13-00192), THEREBY ALLOWING THE SALE OF USED AUTOMOBILES ON PROPERTY LOCATED AT 9844 PARAMOUNT BLVD, ZONED C-2 (GENERAL COMMERCIAL) & P-B (PARKING BUFFER). BACKGROUND The subject site is a 23,910 square foot rectangular shaped parcel that is located on west side of Paramount Blvd, between Florence Ave and Lubec St. The site generally measures 270’ deep by 85’ wide. The subject site has a General Plan Land Use Designation of General Commercial and is dual zoned with the western 140’ of the parcel being in the C-2 (Central General Commercial) and the eastern 130’ of the parcel being in the P-B (Parking Buffer) zone. The site is improved with a 2,620 square foot single story office building and a 1,066 square foot garage/storage building. The office and garage are connected with a breezeway. In addition to these buildings, there is a 210 square foot shed, which is attached to the north side of the garage that was constructed without the benefit of building permits. All of the structures are located in the C-2 portion of the lot. View of property from Paramount Blvd To the west of the subject site (across Paramount Blvd) is a multi-tenant retail shopping center that includes a variety of retail, office, and restaurant uses. This site is located in the C-2 zone and has a General Plan Land Use Designation of General Commercial. The north side of the subject site is improved with a mixed use property that has office space in the front and several residential units to the rear; while the property to the south is improved with the City of Downey Firestone No. 3. Like the subject site, the properties to the north and south are within the General Commercial Land Use Designation and are dual zoned (C-2 & P-B). To the east of the subject site are single family homes that front on Parrot Ave. These homes are within the R-1 (Single Family Residential) zone and have a General Plan Land Use Designation of Low Density Residential. On September 10, 2013, the applicant (William Ramirez) submitted the request for a Conditional Use Permit (PLN-13-00192) in order to sell used automobiles from the subject site. After a careful review of the request, the application was subsequently deemed complete on October 10, 2013. On October 25, 2013, notice of the pending application was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site. DISCUSSION/ANALYSIS For the past three and half years, the applicant has operated a used car dealership on Firestone Blvd; however due to the recent loss of his lease at that site, he is proposing to move their operations to the site located at 9844 Paramount Blvd. The applicant is proposing to use the existing office building for a sales office and storage. The garage area will be used to prep cars fro sale, which includes minor maintenance and cleaning of vehicles. The proposed hours of operation will be Monday through Saturday, 9:00 a.m. until 5:00 p.m., although the recommended conditions of approval will allow the business to operate until 10:00 p.m. Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 2 The normal operation of a used car dealership requires large display areas adjacent to the street. These areas are typically augmented with illegal signs, banners, and streamers in an effort by operators to attract attention to the business. Unlike these types of automobile sales lots, the applicant’s business is primarily internet based, which allows the applicant to reserve the parking area between the building and street for customer parking and have the vehicle display area to the rear of the building. During staff’s site investigation, staff noted that the property has fallen into disrepair over the past several years. Accordingly staff is recommending several conditions of approval that will serve the upgrade the property and make aesthetic improvements to the area. Staff understands that these improvements can be costly for a small business. To address this concern, staff is recommending phasing in the improvements as follows:  Prior to commencement of business o Provide accessible parking and access to building o Repair water heater o Replant front landscape planter  Within 30 days o Repaint or remove all bollards o Repair damage on monument sign  Within 60 days o Remove or obtain permit for shed attached to north side of garage building  Within 90 days o Repair parking lot o Replant trees on north side landscape planter. In addition to these improvements, staff has recommended several conditions of approval to prevent potential impacts from proposed business on the adjoining uses. This includes prohibiting an outdoor loudspeaker system, shielding all lights, prohibiting automobile wrecking on the site. With these conditions of approval, it is staff’s opinion that the proposed used automobile sales business can be operated in a manner that is not a burden onto others that live and/or work in the area. 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 building or use. Inasmuch as the applicant is occupying an existing building, staff feels that this request qualifies for this exemption. Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 3 FINDINGS Conditional Use Permit Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving the Conditional Use Permit. A discussion of the findings follows: A. The requested Conditional Use Permit will not adversely affect the purpose and intent of the zoning code 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 has a General Plan Land Use Designation of General Commercial and zoning of C-2 (General Commercial) & P-B (Parking Buffer). It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. According to the General Plan, “The General Commercial designation allows for a full range of commercial uses including shopping centers, automobile dealerships, hotels, offices, and automobile repair.” Furthermore, it is a goal of the General Plan to “Ensure the continued fiscal balance of the community” (Goal 9.3). Inasmuch as the use will allow used car dealership, staff is of the opinion that approval of this Conditional Use Permit is consistent with the intent of the General Commercial Land Use Designation and Goal 9.3 of the General Plan. For this reason, staff is of the opinion that approval of project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. 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 subject site is within a fully developed area of the City, with little to no vacant properties in the immediate area. The applicant will utilized a display area to the rear of the main building and focus on internet based sales of used vehicles. It is staff’s opinion that the site and building can contain the use, without creating an impact to the area. Notwithstanding this, staff has recommended several conditions of approval, which will serve to mitigate any potential impacts on the neighboring properties. Furthermore, the success of this business can serve to draw people into the area, which will encourage further growth and development of the area. 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 subject site is an approximate 23,910 square foot rectangular shaped lot that is currently improved with office building. There is sufficient parking to accommodate the use, as well as provide sufficient area for the storage and display of vehicles. Inasmuch, as the sales office will utilize the existing building, which was previously used as an office, and this approval does not include an expansion of the building, staff feels the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 4 D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is accessed from Paramount Blvd, a primary arterial roadway within the City. Staff has reviewed this project for potential increases in traffic and how this could affect the capacity of Paramount Blvd. It is staff’s opinion that Paramount Blvd has sufficient capacity to absorb the existing traffic load and any potential increased created by the operation for the site, without impacting the level of service of Paramount Blvd. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence on this matter. CONCLUSION Based on the analysis contained within this report, staff is concluding that the operation of the used automobile sales lot at the subject site will not create significant adverse impact to the area, provided that all conditions of approval are adhered to. Furthermore, as noted above, staff believes that all required findings can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Conditional Use Permit (PLN-13- 00192), subject to the recommended conditions of approval. Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 5 Exhibits Location Aerial Photograph Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 6 500’ Radius Zoning Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 7 RESOLUTION NO. __________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-13-00192), THEREBY ALLOWING THE SALE OF USED AUTOMOBILES ON PROPERTY LOCATED AT 9844 PARAMOUNT BLVD, ZONED C-2 (GENERAL COMMERCIAL) & P-B (PARKING BUFFER). 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 10, 2013 the applicant submitted an application requesting a Conditional Use Permit (PLN-13-00192) in order to operate a used automobile dealership at the site. After a complete review of the request, staff deemed the application complete on October 10, 2013; and, B. On October 25, 2013, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, C. 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 the aforesaid public hearing adopted this resolution. 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 regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: 1. The requested Conditional Use Permit will not adversely affect the purpose and intent of the zoning code 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 has a General Plan Land Use Designation of General Commercial and zoning of C-2 (General Commercial) & P-B (Parking Buffer). It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. According to the General Plan, “The General Commercial designation allows for a full range of commercial uses including shopping centers, automobile dealerships, hotels, offices, and automobile repair.” Furthermore, it is a goal of the General Plan to “Ensure the continued fiscal balance of the community” (Goal 9.3). Inasmuch as the use will allow used car dealership this Conditional Use Permit is consistent with the intent of the General Commercial Land Use Designation and Goal 9.3 of the General Plan. For this reason, approval of project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. Resolution No. __________ Downey Planning Commission 2. 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 subject site is within a fully developed area of the City, with little to no vacant properties in the immediate area. The applicant will utilized a display area to the rear of the main building and focus on internet based sales of used vehicles. The site and building can contain the use, without creating an impact to the area. Notwithstanding this, several conditions of approval have been included with this resolution, which will serve to mitigate any potential impacts on the neighboring properties. Furthermore, the success of this business can serve to draw people into the area, which will encourage further growth and development of the area. 3. 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 subject site is an approximate 23,910 square foot rectangular shaped lot that is currently improved with office building. There is sufficient parking to accommodate the use, as well as provide sufficient area for the storage and display of vehicles. Inasmuch, as the sales office will utilize the existing building, which was previously used as an office, and this approval does not include an expansion of the building, the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is accessed from Paramount Blvd, a primary arterial roadway within the City. The City has reviewed this project for potential increases in traffic and how this could affect the capacity of Paramount Blvd. It has been determined that Paramount Blvd has sufficient capacity to absorb the existing traffic load and any potential increased created by the operation for the site, without impacting the level of service of Paramount Blvd. SECTION 4. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby approves the Conditional Use Permit (PLN-13-00192), 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. Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 2 Resolution No. __________ Downey Planning Commission 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 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 Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 3 Resolution No. __________ Downey Planning Commission CONDITIONAL USE PERMIT PLN-13-00192 EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit permits the operation of a used automobile dealership at the subject site. 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) 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. 5) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 6) The permitted hours of operation of the business shall be from 9:00 a.m. until 10:00 p.m., seven (7) days a week. 7) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. 8) All signs shall comply with the requirements set forth in the Downey Municipal Code. 9) All onsite lights shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and the public right-of-way. 10) There shall be no onsite auction of vehicles at any time. 11) Trucks or other vehicles dropping off or picking up vehicles from the site shall not park on Paramount Blvd. All drop off and pick up of vehicles shall occur on site. Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 4 Resolution No. __________ Downey Planning Commission 12) There shall be no display of vehicles for sale between the street and building. The parking spaces on the west and north sides of the building shall be reserved for customer and employee parking only. Prior to the commencement of business, the applicant shall install signs noting customer and employee parking only. 13) There shall be no vehicle wrecking, towing, impounding, and/or storage allowed on the site at any time. The prohibition of storage shall not include vehicles being offered for sale. 14) The applicant and all sales personnel shall maintain all required DMV licenses for the sale of vehicles. 15) There shall be no outdoor loudspeaker or paging system allowed on the site at anytime. 16) The repair of vehicles on the site shall be prohibited. This shall not be meant to include minor maintenance (oil change, change of fluids, change of air filters) on vehicles being prepared for sale. 17) The sale and/or storage of box trucks, stake beds, semi tractors/trailers, and/or construction equipment from the site is prohibited. 18) Prior to the commencement of business, the applicant shall remove all semi tractors/trailers from the site. 19) Prior to the commencement of business, the applicant shall complete the following site improvements: a) Provide proper handicap parking and accessibility to the site and building in accordance with the ADA and Title 24. b) Provide a working water heater on the property. This shall include obtaining all required building permits and inspections. c) Replant and maintain landscaping in the front landscape planter. The type, size, and quality of plants shall be as determined by the City Planner. 20) Within 30 days of the commencement of business, the applicant shall complete the following site improvements: a) All bollards shall be either removed or repainted. b) The monument sign shall be repaired and repainted. 21) Within 60 days of the commencement of business, the applicant shall either remove the shed on the north side of the building or obtain building permits to keep the shed. 22) Within 90 days of the commencement of business, the applicant shall complete the following site improvements: a) The parking lot shall be repaired, patched, slurry sealed, and restriped. b) Replant and maintain landscaping in the front landscape planter. The type, size, and quality of plants shall be as determined by the City Planner. 23) All construction shall comply with the current version of the California Building Code and Title 24 of the California Energy Code, as adopted by the City of Downey Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 5 Resolution No. __________ Downey Planning Commission Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 6, 2013 - Page 6 24) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site.