Loading...
HomeMy WebLinkAboutPC Resolution 15-2913RESOLUTION NO. 15 -2913 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 -2913, approving PLN -15 -00005 (Revision "A" to Conditional Use Permit No. 274), 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 Resolution No. 15 -2913 Downey Planning Commission B. will provide an additional convenience of self - service vacuum to patrons of the car wash facility. C. 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. D. 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. E. 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. PLN 15 -00005 — 8845 Imperial Hwy April 1, 2015 - Page 2 Resolution No. 15 -2913 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1 st day of April 2015. y L e`c or Luja , 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 April 2015, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ] Mary Cav nagh, Secretary City Planning Commission PLN 15 -00005 — 8845 Imperial Hwy April 1, 2015 - Page 3 Resolution No. 15 -2913 Downey Planning Commission 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. PLN 15 -00005 — 8845 Imperial Hwy April 1, 2015 - Page 4 Resolution No. 15 -2913 Downey Planning Commission 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. PLN 15 -00005 — 8845 Imperial Hwy April 1, 2015 - Page 5 Resolution No. 15 -2913 Downey Planning Commission 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 Signature (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) PLN 15 -00005 — 8845 Imperial Hwy April 1, 2015 - Page 6