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HomeMy WebLinkAbout1. PLN-15-00005 8845 Imperial HwyAgenda Page 1 PLN-15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 2 The surrounding properties include a commercial center and parking lot to the north of the site, a restaurant and a professional office exist to the west of the subject site, and various commercial businesses exist to the east. Commercial properties exist on the opposite side of Imperial Highway to the south. On January 8, 2015, Mr. Carcamo, agent for the business’s owner, submitted a Land Use Permit Application to obtain the Planning Commission’s approval of a revision to a conditional use permit (PLN-15-00005), to remodel and expand the car wash facility. According to Mr. Carcamo, his client purchased the business recently and is now working with the City officials to bring the property and business into compliance with the City’s current standards. Over the years, the City has granted other entitlements regarding this use on the subject site: • On June 1, 1988, the Planning Commission approved Conditional Use Permit Case No. 274 for the redevelopment and operation of a full-service car wash facility (Resolution No. 1125). • On June 8, 1988, the Design Review Board (DRB) approved Case No. 88-17 for the architectural plans of the new car wash facility. Staff completed a review of the application on February 26, 2015, and deemed the application complete. On March 5, 2015, staff mailed notice of the pending public hearing to all property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. DISCUSSION PLN-15-00005 involves adding 12 self-service outdoor vacuum systems over the existing parking spaces, modifying the mechanical room and building façade, and upgrading the on-site drainage on the parking lot. According to the City’s Building Official, in December 2010, the previous owner made some minor changes to the mechanical room, removed the awnings on the building, and modified the on-site drainage without obtaining an approval from the City. He submitted the plans to the City for review and approval but never completed the process. Staff prepared several conditions of approval for PLN-15-00005 that require the applicant/owner to submit plans and obtain Building permits for the above described improvements. Primarily, PLN-15-00005 involves the expansion of the business to include an outdoor vacuum system with twelve overhead arch stanchions. As part of the vacuum system, a central “Vacuum Producer” will be used to power the vacuum hoses. The “Vacuum Producer” will provide motor power and airflow rates up to 506 cubic feet per minutes (CFM). To conceal the vacuum producer unit and to reduce any potential noise generating from the vacuum producer equipment, the applicant proposes to construct a concrete block enclosure to house the “Vacuum Producer”. It will be located adjacent to the existing trash receptacle at the northeast corner of the property. It will have color and design to match existing building. Agenda Page 2 PLN-15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 3 Noise The car wash facility, which includes the car wash tunnel building, is located approximately 180 feet from nearby residences to the north. It has been offering vacuum as part of the full service and staff has never received complaints from the public regarding noise. The adjacent commercial center’s parking lot provides a 180 foot buffer from the north property line of the subject site and the property line of the residences. In addition, a seven foot (7’-0”) tall block wall wraps around the north, east and west property lines, which prevents noise from escaping directly to the adjacent properties. Section 4606.3 (Maximum Noise Levels by Sound Sources Across Property Lines) states: “All activities shall be conducted in such manner that any noise produced shall not create a disturbance”. It also establishes the maximum steady noise levels by sound sources across property lines for various land uses. Specifically, it states that the noise level across commercial property lines shall not exceed 65 db(A) and 55 db(A) across residential property lines during the hours of 7:00 a.m. and 10:00 p.m. It is staff’s opinion that the distance from the car wash tunnel and the outdoor vacuums to the north residential property line, which measures approximately 180 feet, sufficiently reduces the noise levels for the adjacent properties. As mentioned above, staff recognizes that the central “Vacuum Producer” has the potential to create loud noise. The solid wall of the unroofed enclosure will minimize noise impacts but it could allow sound to escape through an open top. Therefore, staff prepared a condition that requires the business owner/applicant to install a roof over the equipment enclosure. In addition, staff believes the 15’ tall commercial building located directly east side of the subject site will help lessen any potential noise impacts from the proposed use because it is parallel with the north and east sides of the proposed vacuum area; thereby providing an effective noise barrier (See attached aerial photograph). On March 25, 2015, staff utilized a sound measuring device to conduct a random study of noise level in the vicinity of another car wash facility in Downey (Unique Auto Spa – 7624 Firestone Blvd). The results of this informal study revealed that the sound levels adjacent to the vacuum suction hoses, measured as high as 81 decibels. However, the sound levels at the rear (south) property line, approximately 200 feet away from the equipment enclosure and behind another building on the site, measured only 52 decibels. Example of a vacuum producer and overhead arch stanchion cover Agenda Page 3 PLN-15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 4 ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff 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, include projects that involve no or negligible expansion of the existing use. It is staff’s opinion that the proposed remodel of the car wash facility will not require the expansion of the existing building; thereby qualifying for the Class 1 exemption. FINDINGS Pursuant to the requirements of the Municipal Code Section 9824.06, staff recommends that the Planning Commission make the following findings to approve the request: 1. That the request 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 property is zoned C-2 (General Commercial) with a General Plan Land Use Designation of “General Commercial”. The requested modification to Conditional Use Permit No. 274 to allow the remodel and expansion of the existing car wash facility will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood because the site is developed as a commercial use (Sultan Car Wash) already. The approval of a modification to Conditional Use Permit No. 274 will provide an additional convenience of self-service vacuum to patrons of the car wash facility. 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 improvements at the car wash business will not adversely affect the adjoining land uses because the subject property exists in an area that is developed with a variety of commercial and residential land uses. It has operated as a car wash facility since 1988 and the Planning Commission approved conditions of approval for this use (CUP No. 274) on June 1, 1988, and those conditions will continue to be in effect for the proposed outdoor vacuum and other on-site improvements. In addition, a condition of approval that requires the business owner/applicant to install a roof structure over the new equipment (vacuum producer) enclosure, for the requested PLN-15-00005, will lessen impacts relating to noise. 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 accommodate the proposed expansion to the car wash facility, in a manner not detrimental to the area because the proposed project does not include further expansion of the existing car wash building. Agenda Page 4 PLN-15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 5 The proposed project will include the installation of twelve overhead arch stanchion stations over the existing parking spaces and will provide patrons with self-service vacuums. A central vacuum producer will power the vacuum horses. The Applicant proposes to construct a concrete block wall enclosure to conceal the vacuum producer unit and to reduce noise generated by the vacuum producer equipment. 4. That 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 bounded by and accessible from Imperial Highway (a major arterial). It is staff’s opinion that the use will generate a minimal amount of daily vehicle trips and the adjoining arterial roadways have sufficient capacity to absorb this negligible increase. Thus, traffic generated by the proposed improvements will not impose an undue burden upon the streets and highways in the area. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained in this report, the proposed improvements at the subject site can provide a benefit to those who live and work in the area, without creating significant adverse impacts to the area, provided that all conditions of approval are adhered to. Furthermore, staff believes that all four findings required to approve PLN-15-00005 can be made in a positive manner. As such, staff recommends that the Planning Commission adopt a resolution approving PLN-15-00005, subject to the conditions of approval as stated the Planning Commission Resolution. EXHIBITS A. Vicinity Map & Site Photograph B. Aerial Photograph & Zoning Map C. Draft Resolution D. Resolution No. 1125 (CUP No. 274) Agenda Page 5 PLN-15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 6 Exhibit ‘A’ PROJECT LOCATION SITE PHOTOGRAPH Agenda Page 6 PLN-15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 7 Exhibit ‘B’ AERIAL PHOTOGRAPH ZONING MAP SUBJECT PROPERTY 180' Proposed Vacuum Stalls Agenda Page 7 Exhibit ‘C’ RESOLUTION NO. 15-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-15-00005 (REVISION TO A CONDITIONAL USE PERMIT): A REQUEST FOR REVISION “A” TO CONDITIONAL USE PERMIT NO. 274, TO REMODEL THE EXISTING CAR WASH FACILITY (SULTAN CAR WASH) TO INCLUDE MODIFICATION TO THE EXISTING MECHANICAL ROOM, MODIFICATION TO THE ON-SITE DRAINAGE ON THE PARKING LOT, ALTERATION TO THE EXISTING FACADES, AND THE INSTALLATION OF A NEW OUTDOOR VACUUM SYSTEM THAT CONSISTS OF 12 VACUUMS WITH OVERHEAD ARCH STANCHION COVERS, ON PROPERTY LOCATED AT 8845 IMPERIAL HIGHWAY, 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. An application was filed by Aron Carcamo (hereinafter "Applicant") requesting approval for Revision “A” to Conditional Use Permit No. 274, to remodel and expand the existing car wash facility, on property at 8845 Imperial Hwy., Downey, California (hereinafter "Subject Site"), zoned C-2 (General Commercial); B. On March 5 and March 19, 2015, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. C. The Planning Commission held a duly noticed public hearing on March 18, 2015, which was continued to April 1, 2015, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopted this Resolution No. 15-____, approving PLN-15-00005 (Revision “A” to Conditional Use Permit), subject to the conditions of approval. 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: A. That the request 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 property is zoned C-2 (General Commercial) with a General Plan Land Use Designation of “General Commercial”. The requested modification to Conditional Use Permit No. 274 to allow the remodel and expansion of the existing car wash facility will not adversely affect the purpose and intent of this chapter or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood because the site is developed as a commercial use (Sultan Car Wash) already. The approval of a modification to Conditional Use Permit No. 274 Agenda Page 8 Resolution No. 15-____ Downey Planning Commission PLN 15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 2 will provide an additional convenience of self-service vacuum to patrons of the car wash facility. B. 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 improvements at the car wash business will not adversely affect the adjoining land uses because the subject property exists in an area that is developed with a variety of commercial and residential land uses. It has operated as a car wash facility since 1988 and the Planning Commission approved conditions of approval for this use (CUP No. 274) on June 1, 1988, and those conditions will continue to be in effect for the proposed outdoor vacuum and other on-site improvements. In addition, a condition of approval that requires the business owner/applicant to install a roof structure over the new equipment (vacuum producer) enclosure, for the requested PLN-15-00005, will lessen impacts relating to noise. C. 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 accommodate the proposed expansion to the car wash facility, in a manner not detrimental to the area because the proposed project does not include further expansion of the existing car wash building. The proposed project will include the installation of twelve overhead arch stanchion stations over the existing parking spaces and will provide patrons with self-service vacuums. A central vacuum producer will power the vacuum horses. The Applicant proposes to construct a concrete block wall enclosure to conceal the vacuum producer unit and to reduce noise generated by the vacuum producer equipment. D. That 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 bounded by and accessible from Imperial Highway (a major arterial). It is staff’s opinion that the use will generate a minimal amount of daily vehicle trips and the adjoining arterial roadways have sufficient capacity to absorb this negligible increase. Thus, traffic generated by the proposed improvements will not impose an undue burden upon the streets and highways in the area. 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-15-00005, subject to the Conditions of Approval attached hereto as Exhibit A – Conditions, 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 1st day of April 2015. Hector Lujan, Chairman City Planning Commission Agenda Page 9 Resolution No. 15-____ Downey Planning Commission PLN 15-00005 – 8845 Imperial Hwy April 1, 2015 - 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 1st day of April 2015, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 10 Resolution No. 15-____ Downey Planning Commission PLN 15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 4 CONDITIONS OF APPROVAL PLN-15-00005 (REVISION “A” TO CONDITIONAL USE PERMIT NO. 274) PLANNING 1) The approval of PLN-15-00005 (Revision “A” to CUP 274) permits the expansion of the existing car wash facility to include an equipment enclosure and 12 outdoor vacuum systems with overhead arch stanchion covers, on property at 8845 Imperial Highway. This approval also allows the modification to the existing mechanical room and an alteration to the building facades. Any deviations or exceptions from said site plan, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval by the Downey Planning Commission. 2) The business owner/applicant shall provide a roof structure for the equipment (vacuum producer) enclosure. Said roof structure shall have a design and color to match existing car wash tunnel building. 3) The permitted hours of operation for the car wash facility, including the outdoor vacuums, are seven days a week, from 8:00 a.m. to 6:00 p.m. 4) The business owner/applicant shall restripe the entire parking lot and upgrade the on-site drainage to comply with City’s standards. 5) The business owner/applicant shall replace and provide landscaping at the planter curb along property frontage. 6) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, measured at the property line. If noise- related complaints are received and verified by the City, the business owner/applicant shall conduct a noise study by a licensed acoustical engineer, within 60 days from the date of notification to the owner/applicant, to show that the site complies with City’s noise standards. 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. 8) 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. Agenda Page 11 Resolution No. 15-____ Downey Planning Commission PLN 15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 5 9) Approval of this PLN-15-00005 (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. 10) The owner/applicant shall comply with all conditions of Conditional Use Permit No. 274, before this conditional use permit becomes valid. 11) All signs shall comply with the requirements set forth in the Downey Municipal Code. 12) 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. FIRE 13) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. BUILDING 14) The owner/applicant shall obtain all required permits and necessary inspections prior to beginning operation at the site. Agenda Page 12 Resolution No. 15-____ Downey Planning Commission PLN 15-00005 – 8845 Imperial Hwy April 1, 2015 - Page 6 Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects/Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. ☐ Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind. ☐ Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. ☐ Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. ☐ Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. ☐ Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. ☐ Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. ☐ Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. ☐ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. ☐ Other _____________________________________________________________ _____________________________________________________________ As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: _________________________________________________________ Project Address: _______________________________________________________ Print Name ______________________________________ (Owner or authorized agent of the owner) Signature _____________________________________ Date __________________ (Owner or authorized agent of the owner) Agenda Page 13 Agenda Page 14 Exhibit 'D' Agenda Page 15 Agenda Page 16 Agenda Page 17