Loading...
HomeMy WebLinkAbout3. PLN-13-00192 - 9844 Florence STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: NOVEMBER 20, 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. The Planning Commission opened a public hearing to consider this request on November 6, 2013; however the applicant was not present to address concerns raised during the hearing. As such, the Planning Commission continued the hearing until November 20, 2013. Based on the analysis contained within this report and the staff report dated November 6, 2013, 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). DISCUSSION/ANALYSIS The proposed Conditional Use Permit is a request to operate a used car dealership at the subject site. On November 6, 2013, the Planning Commission opened a public hearing on the request (staff report attached); however, the applicant was not in attendance. During the hearing, only the property owner of the parcel on the north side of the project site spoke on the matter. She noted that she was concerned about the palm trees on the shared property line and requested to have them removed. Since the applicant was not present to respond to the concern, the Planning Commission continued the public hearing and directed staff to contact the applicant to discuss this concern. Since the public hearing, staff spoke to the applicant about the neighbor’s issue. The applicant has informed staff that he has spoke to his neighbor and they have come to an agreement, in which both property owners will split the cost of having the trees removed and install a six-foot tall vinyl fence on the property line. Staff believes that this is an amicable solution since the trees appear to be on both of the properties and neither of the owners wants to keep them on the site. Furthermore, staff is of the opinion that change will improve the appearance of both properties and achieve the goal of screening of the used car dealership from the adjoining parcel. 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 and the staff report dated November 6, 2013, 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 20, 2013 - Page 2 Exhibits Location Aerial Photograph Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 20, 2013 - Page 3 500’ Radius Zoning Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 20, 2013 - Page 4 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 duly noticed public hearings on November 6, 2013 and November 20, 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 20, 2013 - Page 2 Resolution No. __________ Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th 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 20th 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 20, 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 20, 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. A landscape and irrigation plan, which shall show the type, size, and quantity of plants shall be submitted to and approved by the City Planner prior to the planting of any landscaping. d) Remove all palm trees from the north landscape planter. A six foot tall solid fence or wall shall be placed within the planter to screen the car dealership from the adjoining parcel. 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 have the parking lot repaired, patched, slurry sealed, and restriped. 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 20, 2013 - Page 5 Resolution No. __________ Downey Planning Commission Conditional Use Permit (PLN-13-00192) – 9844 Paramount Blvd November 20, 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.