HomeMy WebLinkAbout2. PLN-15-00065 - 11911 WoodruffSTAFF REPORT
PLANNING DIVISION
DATE: JULY 1, 2015
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-15-00065 (CONDITIONAL USE PERMIT) – A REQUEST TO
OPERATE AN AUTOMOTIVE EXPORTER/WHOLESALER BUSINESS
LOCATION: 11911 WOODRUFF AVE
ZONING: M-2 (GENERAL MANUFACTURING) AND P-B (PARKING BUFFER)
REPORT SUMMARY
The applicant is proposing to operate an automotive exporter/wholesaler on the subject site.
The proposed business will purchase automobiles through auctions, load them into containers,
and export the vehicles. Based on the analysis contained in this report, 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-15-00065),
THEREBY ALLOWING THE OPERATION AN AUTOMOTIVE
EXPORTER/WHOLESALER BUSINESS ON PROPERTY LOCATED AT 11911
WOODRUFF AVE, ZONED M-2 (GENERAL MANUFACTURING) AND P-B
(PARKING BUFFER).
BACKGROUND
The subject site is 2.22-acre site that consists of two parcels. The first parcel is a 41,380
square foot rectangular parcel located on the southwest corner of Woodruff Ave and Stewart &
Gray Rd (hereinafter Parcel ‘A’). Parcel ‘A’ is currently improved with a 12,800 square foot
building that was previously used by a shipping firm and a 1,200 square foot storage building,
both of which were constructed in 1957. In addition to the buildings, an exterior storage dock is
accessible from Stewart and Gray Rd. The second parcel is a 55,637 square foot rectangular-
shaped parcel (hereinafter Parcel ‘B’). Parcel ‘B’ is a vacated railroad right-of-way and is
unimproved. The parcel is 50’ wide and extends from Woodruff Ave approximately 1,100’ west
(behind the business that front Stewart and Gray Rd). Both parcels are zoned M-2 (General
Manufacturing), except the eastern 30’ (adjacent to Woodruff Ave), which is zoned P-B (Parking
Buffer).
Agenda Page 1
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 2
View of site from Stewart and Gray Rd
View of site from Woodruff Ave
Surrounding properties are improved with various industrial uses. All of these properties are
zoned M-2 (General Manufacturing), except for portions of the parcels along Woodruff Ave,
which are zoned P-B (Parking Buffer).
On April 8, 2015, the applicant submitted a request for the Conditional Use Permit to establish
the automobile exporter/wholesaler at the site. The application was deemed incomplete due to
missing information on the project plans. On June 10, 2015, the applicant submitted the
remaining information needed to process the request to the City. Accordingly, staff deemed the
application complete on June 12, 2015.
On June 18, 2015, notice of the pending public hearing was published in the Downey Patriot.
Additionally, the notice was mailed to all property owners within 500’ of the subject site.
DISCUSSION
The proposed use is classified as an automobile wholesaler. The applicant will purchase used
automobiles from auction and transport them to the site. Vehicles will be stored on the site for
approximately two weeks while the change of title clears DMV. Once title clears, the applicant
will load the vehicles into containers (five to six vehicles per container) and export them out of
the country. Proposed hours of operation will be Monday through Friday 9:00 a.m. to 6:00 p.m.
Agenda Page 2
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 3
The applicant estimates that initially he will have one to two containers leave the site every day,
with approximately 100 vehicles being stored on the site at any given time.
In addition to the wholesale operations, the applicant may conduct some dismantling of vehicles
to sell and/or export the parts. While this is a small portion of the proposed business, staff
wants to ensure that it does not create an impact. Accordingly, staff is recommending
conditions of approval that prohibit parts storage from being visible from the public right-of-way,
prohibit the crushing and/or shredding of vehicles, and prohibits customers from removing parts
from cars. In addition, the Fire Department will require a detailed business plan showing all
hazardous material (oils and gas) storage, welding operations, and fluid removal processes.
This business plan will allow the Fire Department to conduct these operations in a safe manner.
The applicant is proposing to construct a 10’ tall metal fence 25’ behind the sidewalk on
Woodruff Ave. The area between the fence and sidewalk will be landscaped. Staff has
recommended a condition of approval that requires this new fence to be solid to provide a
proper screen of the use from Woodruff Ave. Additionally, staff is recommending a condition of
approval that all new landscaping be drought tolerant. In addition to the fence, the applicant will
construct a new loading dock on the vacated Parcel ‘B’ to allow loading of automobiles into the
containers.
Staff feels that the proposed use is compatible with the other manufacturing uses in the area.
Furthermore, due to the nature if the manufacturing zone, it is staff’s opinion that operation of
the use will not create an impact to the area. Nevertheless, staff is recommending several
conditions of approval to address the necessary site improvements; such as, repairing the
pavement on Parcel ‘A”, completely paving Parcel ‘B’, re-painting the existing buildings, and
complying with all stormwater runoff requirements. In addition, staff is recommending a
condition of approval that requires all trucks arriving/leaving on the Woodruff Ave right-of-way to
do so in a forward manner so they do not block traffic by backing on or off the site.
While the sale of vehicles is inherently part of the business, staff does not want the operation to
become a used car sales lot. As such, staff is recommending a condition of approval that would
prohibit the display of vehicles for sale on the property, including posting for sale signs on the
vehicles.
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 not proposing an
expansion of the buildings and all uses will occur on the site, staff feels that this project is a
negligible expansion of previous trucking uses on the site
FINDINGS
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:
Agenda Page 3
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 4
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 Manufacturing
and is within the M-2 (General Manufacturing) zone. It is the intent of the land use
designation and zoning to provide appropriate areas for a broad range of manufacturing
and service uses while minimizing impacts on residential and commercial uses. It is
staff’s opinion that the proposed development will satisfy these needs by allowing the
vehicle wholesaler/exporter in an area that does not have adjoining residential or
commercial uses. For this reason, staff believes the approval of this 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. More specifically, the surrounding properties are
improved with a variety of manufacturing and industrial uses. Staff has reviewed the
request and is of the opinion that the proposed development is designed in a manner
that will not affect the ability of the surrounding properties to grow and/or develop. The
proposed use will not expand the building or create an off-site impact. Notwithstanding
this, staff has recommended several conditions of approval, which will serve to mitigate
any potential impacts on the neighboring properties.
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 site consists of a parcel that was previously used by a shipping company and a
vacated railroad right-of-way. Staff has reviewed the request and is of the opinion that
there is sufficient space to accommodate the vehicle storage and truck movement
without impacting the neighboring properties. Accordingly, staff feels that this approval
will allow the operation of the use in a manner not detrimental to the particular area.
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 can be accessed via Stewart and Gray Rd or Woodruff Ave. The City’s
Traffic Engineer has evaluated the request in comparison to existing traffic patterns in the
area. It has been found that the proposed use will not alter traffic or have an adverse effect
on movement through the adjoining streets. Additionally, a condition of approval has been
recommended that would prohibit trucks from backing onto the site, thus blocking traffic.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
Agenda Page 4
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 5
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed project
is consistent with the goals and intent of the General Plan and Zoning Code. Furthermore, staff
believes that all findings required for approving a Conditional Use Permit can be made in a
positive manner. As such, staff is recommending that the Planning Commission approve the
Conditional Use Permit (PLN-15-00065), subject to the recommended conditions of approval.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Plans
Agenda Page 5
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 6
MAPS
Location
Aerial Photograph
Agenda Page 6
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 7
Zoning
Agenda Page 7
RESOLUTION NO. _________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-15-00065),
THEREBY ALLOWING THE OPERATION AN AUTOMOTIVE
EXPORTER/WHOLESALER ON PROPERTY LOCATED AT 11911
WOODRUFF AVE, ZONED M-2 (GENERAL MANUFACTURING) AND 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. April 8, 2015, the applicant submitted a request for the Conditional Use Permit to
establish the automotive wholesaler/exporter at the site. Due to missing information on
the project plans, staff deemed the application incomplete; and,
B. On June 10, 2015, the applicant submitted the remaining information needed to
complete the application. Accordingly, staff deemed the application complete on
June 12, 2015; and,
C. On June 18, 2015, notice of the pending application published in the Downey Patriot and
mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on July 1, 2015, 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 project 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 Manufacturing and is within the M-2
(General Manufacturing) zone. It is the intent of the land use designation and zoning to
provide appropriate areas for a broad range of manufacturing and service uses while
minimizing impacts on residential and commercial uses. The proposed development will
satisfy these needs by allowing the vehicle wholesaler/exporter in an area that does not
have adjoining residential or commercial uses. For this reasons, the approval of this
project is consistent with the goals, policies, programs, and land uses of all applicable
elements of the General Plan.
Agenda Page 8
Resolution No. ___________
Downey Planning Commission
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 2
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. More specifically, the surrounding properties are improved with a variety of
manufacturing and industrial uses. The proposed development is designed in a manner
that will not affect the ability of the surrounding properties to grow and/or develop. The
proposed use will not expand the building or create an off-site impact. Notwithstanding
this, several conditions of approval have been included, which will serve to mitigate any
potential impacts on the neighboring properties.
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 site consists of a parcel that was previously used for a shipping company and a
vacated railroad right-of-way. Based on a review of the proposed operations, there is
sufficient space to accommodate the vehicle storage and truck movement without
impacting the neighboring properties.
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 can be accessed via Stewart and Gray
Rd or Woodruff Ave. The City’s Traffic Engineer has evaluated the request in comparison
to existing traffic patterns in the area. It has been found that the proposed use will not alter
traffic or have an adverse effect on movement through the adjoining streets. Additionally, a
condition of approval has been included that would prohibit trucks from backing onto the
site, thus blocking traffic.
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 Conditional Use Permit
(PLN-15-00065), 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.
Agenda Page 9
Resolution No. ___________
Downey Planning Commission
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of July, 2015.
Hector Lujan, 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 1st day of July,
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. ___________
Downey Planning Commission
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 4
CONDITIONAL USE PERMIT
(PLN-15-00065)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Conditional Use Permit (PLN-15-00065) allows operation of an
automotive exporter/wholesaler (including the storage of vehicles to be exported or sold)
on the subject site (11911 & 11921 Woodruff Ave). Additionally, this Conditional Use
Permit allows automotive dismantling (see Condition No. 7) and sales (see Condition
No. 22).
2) Approval of this Conditional Use Permit (PLN-15-00065) 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 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 to attack, review, set aside,
void or annul the approval of this resolution, to challenge the approval of this resolution
on the basis of the California Environmental Quality Act, or to determine 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.
4) 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.
5) All signs on the property shall comply with the requirements of the City of Downey
Municipal Code.
6) The entire vacated railroad right-of-way (except approved landscape areas) shall be
paved. Additionally, the existing paving on 11911 Woodruff property shall be patched,
sealed, and restriped.
7) Dismantling of automobiles shall be allowed; however, parts storage shall not be visible
from the public right-of-way. Customers shall not be permitted to remove parts from
vehicles.
8) There shall be no crushing or shredding of automobiles allowed on the site.
9) The proposed fence and gate between the storage area and Woodruff Ave shall be solid
to screen the storage from Woodruff Ave. The area between the fence and the sidewalk
shall be landscaped (except the approved driveway).
Agenda Page 11
Resolution No. ___________
Downey Planning Commission
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 5
10) All new landscape shall be drought tolerant and shall be permanently maintained. Prior
to the commencement of business on the site, the applicant shall obtain approval of a
final landscape plan from the City Planner and all landscape shall be installed.
11) Any new exterior lights on the property shall be LED and shall be directed, positioned,
and/or shielded such that they do not illuminate surrounding properties and the public
right-of-way.
12) Any new utilities installed on the site shall be underground.
13) The business shall not operate as an automobile repair or paint/body business. This
condition shall not be construed to prevent the applicant from working on vehicles that
he acquires or sells.
14) All deliveries shall occur on the site. There shall be no storage of vehicles, or delivery
trucks on the public right-of-way. Vehicles offered for sale shall not be parked on the
public right-of-way.
15) The existing buildings shall be repainted prior to the commencement of business on the
site. The color shall be approved by the City Planner before the buildings are painted.
16) All buildings and walls shall be finished with graffiti resistant materials. Prior to the
issuance of building permits, the applicant shall demonstrate to the satisfaction of the
City Planner, that the finished materials will comply with this requirement.
17) Any graffiti applied to the site shall be removed within 48 hours.
18) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permit.
19) All vehicles and trucks entering or leaving the site on Woodruff Ave shall do so in a
forward manner. They shall not block Woodruff Ave to back onto or off the site.
20) Stacking of cargo containers on top of each other is prohibited.
21) There shall be no live auctions on the site.
22) The direct sale of vehicles is permitted by the use; however, vehicles shall not be visible
from the public right-of-way for sale and there shall be no signs on vehicles indicating
that they are for sale.
BUILDING
23) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey, and Title 24 of the California Energy Code.
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.
Agenda Page 12
Resolution No. ___________
Downey Planning Commission
11911 Woodruff Ave – PLN-15-00065
July 1, 2015 - Page 6
FIRE DEPARTMENT
25) Plans to be submitted through Building and Safety and shall comply with the most recent
version or the California Fire Code, as adopted by the City of Downey; current Downey
Municipal Code Ordinances and any other pertinent requirements to be determined at
time of plan submission and review.
26) The business owner shall provide and maintain Fire Department access to the entire
site, as required by the Fire Marshall.
27) Knox key access shall be provided for all keyed access security gates and for access to
the building.
28) Prior to the commencement of business, the applicant shall register with the Hazardous
Materials Business Plan Program, if applicable.
29) Prior to the commencement of business, the applicant shall submit a detailed business
plan to the Fire Department. This business plan shall specify all operations of the site,
including but not limited to, fluid removal from vehicles, hazardous material storage and
handling methods, and any proposed hot work (welding or cutting with torches).
PUBLIC WORKS
30) Prior to the issuance of grading permits, the owner/applicant shall submit an engineered
grading plan and/or hydraulic calculations and site drainage plan for the site (prepared
and sealed by a registered civil engineer in the State of California) for approval by the
Engineering Division and Building and Safety Division. All lot(s) shall not have less than
one (1%) percent gradient on any asphalt or non-paved surface, or less than one-quarter
(1/4%) percent gradient on any concrete surface. Provide the following information on
plans: topographic site information, including elevations, dimensions/location of
existing/proposed public improvements adjacent to project (i.e. street, sidewalk, parkway
and driveway widths, catch basins, pedestrian ramps); the width and location of all
existing and proposed easements, the dimensions and location of proposed dedications;
the location, depth and dimensions of potable water and sanitary sewer lines; and the
type of existing use, including the gross square footage of the building, and its
disposition.
31) The owner/applicant shall obtain all necessary plan approvals and permits and shall
provide that the standards of improvements, construction materials, and methods of
construction shall be in conformance with the Standard Plans and Specification for
Public Works Construction and as modified by the City of Downey’s Standard Plans and
Specifications
32) The owner/applicant shall install pavement, which consists of a minimum section of 6”
thick aggregate base, and a minimum 2-1/2” thick asphalt concrete pavement.
33) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act;
the General Construction Activities Stormwater Permit (GCASP) of the State, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Municipal Code Section 5700 et. seq.
Agenda Page 13
Agenda Page 14
Agenda Page 15
Agenda Page 16
Agenda Page 17
Agenda Page 18