HomeMy WebLinkAboutPC Resolution 15-2927RESOLUTION NO. 15 -2927
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
EXPORTER1WHOLESALER 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:
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.
Resolution No. 15 -2927
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. 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.
11911 Woodruff Ave — PLN -15 -00065
July 1, 2015 - Page 2
Resolution No. 15 -2927
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1St day of July 2015.
Y 1,
xjctor
, , C Irman
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: Lujan, Flores, Morales and Owens
NOES: COMMISSIONERS: Rodriguez
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None A fl
Mary Ca anagh, Secretary
City Planning Commission
11911 Woodruff Ave — PLN -15 -00065
July 1, 2015 - Page 3
Resolution No. 15 -2927
Downey Planning Commission
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 public right -of -way shall be
solid to screen the storage. The area between the fence and the sidewalk shall be
landscaped (except the approved driveway).
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Resolution No. 15 -2927
Downey Planning Commission
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.
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Resolution No. 15 -2927
Downey Planning Commission
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.
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