HomeMy WebLinkAboutPC Resolution 15-2933RESOLUTION NO. 15 -2933
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY DENYING A VARIANCE (PLN -15- 00133), A REQUEST TO
DEVIATE FROM THE MAXIMUM ALLOWABLE HEIGHT FOR A WALL
WITHIN THE STREET SIDE YARD ON PROPERTY LOCATED AT 11899
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. On June 17, 2015, the applicant submitted a Variance (PLN -15- 00133), requesting to
deviate from Municipal Code 9520.08(1)(3) to deviate from the maximum allowable
height for a wall in the street side yard; and,
B. On July 15, 2015, staff completed a review of the application and deemed it
complete; and,
C. On August 6, 2015, notice of the pending variance was 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 August 19, 2015,
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearings, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
requested Specific Plan Amendment has been reviewed 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. 15305
(Class 5 - Minor Alteration in Land Use Limitations) based on the fact that it will not alter
densities or parking requirements.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
An exceptional or extraordinary conditions or circumstances does not exist which is
peculiar to the land, structure, or building involved and which are not generally
applicable to other lands, structures, or buildings in the same vicinity and zone. The
subject site is 1.2 -acre rectangular shaped parcel that is approximately 132' wide and
414' deep. The site is located in the M -2 zone, which has a minimum lot size of 40,000
square feet and restrictions on width or depth. A review of the areas indicates that other
properties range in size including being larger, smaller, and similar size lots. Further
review of the parcel shows it is flat and all existing improvements comply with current
development standards. There are no geological or design features that prevent the
property from being developed in manner that complies with the Zoning Code.
2. The literal interpretation of the provisions of zoning code would not deprive the applicant
of rights under the terms of the zoning code commonly enjoyed by other properties in the
Resolution No. 15 -2933
Downey Planning Commission
same vicinity and zone in which the property is located. The subject property is a 1.2-
acre site that is improved with a 26,297 square foot two -story building. In addition to the
building, there is a 49 -space parking lot and approximately 4,200 s.f. of landscaping.
The building is currently being converted into a paint and body shop, with all repairs
occurring within the building. The applicant is proposing to enclose portion of the
parking lot with an eight (8) foot tall wall, where the code limits the height of walls to no
more than three (3) feet. Regardless if the wall is constructed and regardless at what
height, the applicant will be able to utilize the building for the paint and body shop.
Furthermore, the parking spaces that will be enclosed by the applicant will need to
remain available for parking to allow the use.
3. That exceptional or extraordinary conditions or circumstances not result from the actions
of the applicant. As noted in the first finding, there is not an exceptional or extraordinary
circumstance to warrant approval of the variance. However, the applicant wants to
construct an eight (8) foot tall block wall around a portion of the existing parking lot. The
need for the variance directly results from the applicant's desire to construct the wall.
4. Granting the variance requested will confer on the applicant any special privilege that is
denied by zoning code to other lands, structures, or buildings in the same vicinity and
zone in which the property is located. While a windshield survey that was conducted in
the area found other properties had fences in the front and/or street side yards, they
either were constructed illegally or were permitted under older zoning codes. Under the
current zoning code, walls over three (3) feet in height are prohibited in the front or street
side yards. Approval of this Variance, would be granting the applicant the ability to
construct a taller wall that would be denied to others, which would be considered a
special privilege.
5. Granting of such variance will not be in harmony and not adversely affect the General
Plan of the City. It is a goal of the General Plan (8.3) to "Promote the enhancement of
the streetscape." This goal is partially implemented by General Plan Program 8.3.1.5,
which states, "Discourage security devices and fence /wall designs that portray an image
that the community is unfriendly and uninviting." The intent of prohibiting tall walls in the
front and street side yards is to allow an open streetscape that is enhanced by building
architecture, not walls. Approval of the eight (8) foot tall wall that is only five (5) feet
from the street property line is in direct conflict with the open streetscape concept and
would be contradictory to the aforementioned General Plan Goal and Program.
6. That the reasons set forth in the application does not justify the granting of the variance
and that the variance is not the minimum variance that will make possible the reasonable
use of the land, building, or structure. As noted in the previous findings, approval of the
Variance is not justified. The proposed fence is not needed in order to use the building
for the auto bodjr� repa1r'Du si ness since �i�i�ork on vehicles man be done �J1/ithin the building.
As such, no variance is need for the reasonable use of the land or building.
11899 Woodruff Ave — PLN -15 -00133
August 19, 2015 - Page 2
Resolution No. 15 -2933
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of August, 2015.
Qector tji4n, 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 19th day of August,
2015, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens
NOES: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None. n
City Plarning
11899 Woodruff Ave — PLN -15 -00133
August 19, 2015 - Page 3
RESOLUTION NO. 15 -2934
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00141 (SITE PLAN REVIEW): A REQUEST TO REPLACE
AN EXISTING 1,607 SQ. FT. GARAGE SERVICE BAY AND MINIMART BUILDING
WITH A NEW 1,607 SQ. FT. CONVENIENCE STORE, ON PROPERTY LOCATED
AT 9093 IMPERIAL HIGHWAY AND ZONED C -2 (GENERAL COMMERCIAL).
THE EXISTING SERVICE STATION (ARCO), INCLUDING THE GAS PUMP
ISLANDS AND THEIR CANOPY STRUCTURES, WILL REMAIN UNCHANGED.
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 Joseph Karaki & Dexter Riobuya, requesting approval
of a Site Plan Review (PLN -15- 00141), to replace an existing service bay into a
new convenience store, on property at 9093 Imperial Hwy., Downey, California
(hereinafter "Subject Site "), zoned C -2 (General Commercial);
A. On August 20, 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.
B. The Planning Commission held a duly noticed public hearing on September 2,
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-
2934, approving PLN -15 -00141 (Site Plan Review), 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. 15303 (Class 3), New Construction or
Conversion of Small Structures.
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 site plan is consistent with the goals and polices embodied in the
General Plan and other applicable plans and policies adopted by the
Council. These goals and policies of the Downey General Plan (Vision 2025) are
addressed as follows: Goal 8.1 of the Design Element is to "Promote quality
design for new, expanded and remodeled construction" and Policy 8.1.1 seeks to
promote architectural design of the highest quality. The applicant proposes to
replace an existing steel building with a modern design structure that will convey
the existing commercial theme on site. Goal 9.1 of the General Plan is "Attract
and retain businesses" and Program 9.1.1.5 seeks to continue the revitalization of
commercial and industrial corridors. The proposed site improvements will provide
a new and expanded use on the service station site, which is consistent with
Program 9.1.1.5.
Resolution No. 15 -2934
Downey Planning Commission
B. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located. The
subject site is zoned C -2 (General Commercial), which allows the construction of
a new structure, subject to the approval of a Site Plan Review application by the
Planning Commission. The proposed project complies with all development
standards and is consistent with the purpose of the C -2 zone. The Applicant has
adhered to the City's approval process for site plan review, which resulted in the
orderly development of the site while maintaining compatibility with the
surrounding land uses.
C. That the proposed development's site plan and its design features, including
architecture and landscaping, will integrate harmoniously and enhance the
character and design of the site, the immediate neighborhood, and the
surrounding areas of the City. Staff has attached conditions of approval to PLN -
15 -00141 (Site Plan Review), to ensure that the proposed development will
integrate harmoniously and enhance the character of the surrounding properties
and the subject site, by providing a new modern appearance. The storefront
incorporates La Habra stucco finished with ledgestone veneer framed both sides of
the entryway.
D. That the site plan and location of the buildings, parking areas, signs,
landscaping, luminaries, and other site features indicate that proper
consideration has been given to both the functional aspects of the site
development, such as automobile and pedestrian circulation, and the visual
effects of the development from the view of the public streets. The subject
property is developed with buildings, landscaping and parking facilities in place.
The proposed construction of the convenience store will replace the existing
service bay building at the same location and will not change its existing square
footage on site. The existing pedestrian walkways, driveways and drive aisles will
not be modified. As such, patrons and vehicles will be able to navigate the site
efficiently and safely.
E. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities. The proposed structure illustrates an architectural
design that differs from other uses in the vicinity, but incorporates building
materials (stucco, ledgestone veneer and a double cornices on top of parapet
wall) found on the nearby buildings. Staff has incorporated conditions of approval
for PLN -15 -00141 (Site Plan Review), to ensure that the proposed building will
blend harmoniously with architectural design of the surrounding buildings.
F. That the site plan and design considerations shall tend to upgrade property
in the immediate neighborhood and surrounding areas with an
accompanying betterment of conditions affecting the public health, safety,
comfort, and welfare. The proposed structure's design and color will integrate
harmoniously with neighboring properties to the south and east since these
properties are currently developed with commercial buildings. The project will
improve the business further and increase its revenues significantly. The
proposed project is a new structure that complies with the current Building Code
and Fire Code regulations for structural integrity and fire safety.
PLN -15 -00141 — 9093 Imperial Hwy
September 2, 2015 - Page 2
Resolution No. 15 -2934
Downey Planning Commission
G. That the proposed development's site plan and its design features will
include graffiti - resistant features and materials in accordance with the
requirements of Section 4960 of Chapter 10 of Article IV of this Code. A
condition of approval that stipulates the use of graffiti- resistant materials in
accordance to Downey Municipal Code, Article IV, Section 4960, has been
added.
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- 00141,
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 2nd day of September 2015.
or Lujan, air 6n
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 2nd day of September
2015, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Lujan, Morales,
None.
None.
Rodriguez
Mary Cay, anagh, Secreta
City Planning Commission
Flores and Owens
PLN -15 -00141 — 9093 Imperial Hwy
September 2, 2015 - Page 3
Resolution No. 15 -2934
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -15 -00141 (SITE PLAN REVIEW)
PLANNING
1) The approval of PLN -15 -00141 (Site Plan Review) permits the replacement of an existing
service bay building with a new 1,607 sq. ft. convenience store, at an existing automobile
gasoline station, on property at 9093 Imperial Highway. 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 owner /applicant shall adhere to the approved building colors and materials for the
new structure as listed on the submitted elevations dated August 7, 2015.
3) All deliveries made to the business shall be between the hours of 7:00 a.m. to 9:00 p.m.,
seven (7) days a week.
4) The business owner /applicant shall repair and /or replace all damaged landscaping
planter curbs throughout the property.
5) The owner /applicant shall install a plant wall on the rear (north) elevation instead of
climbing vines on lattices. The design of the plant and the plant material wall are subject
to the approval of the City Planner.
6) The applicant shall incorporate anti - graffiti elements into the building design, such as
non - porous coatings on exterior wall surfaces, plant materials, and anti - graffiti film on
windows, subject to the approval of the City Planner.
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.
9) Approval of this PLN -15 -00141 (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.
PLN -15 -00141 — 9093 Imperial Hwy
September 2, 2015 - Page 4
Resolution No. 15 -2934
Downey Planning Commission
10) The owner /applicant shall comply with all conditions of Site Plan Review (PLN -15-
00141), before this site plan review permit becomes valid.
11) All signs shall comply with the requirements set forth in the Downey Municipal Code.
12) The Applicant shall incorporate a copy of this Conditions of Approval for PLN -15- 00141,
into the approved set of building plans.
FIRE
13) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
14) All construction shall comply with the requirements of the 2013 California Fire Code, as
amended by the City of Downey.
BUILDING
15) All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
16) Prior to the commencement of interior improvements, 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.
PUBLIC WORKS /ENGINEERING
17) The owner /applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and /or Division 2 of the Government Code
of the State of California.
18) 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.
19) 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 Ordinance 1142 of the Downey Municipal Code.
20) If applicable, the applicant shall install all new utilities associated with this project
underground.
Attachment A
PI-N-1 5-00141 — 9093 Imperial Hwy
September 2, 2015 - Page 5
Resolution No. 15 -2934
Downey Planning Commission
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 regard less 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 -00141 — 9093 Imperial Hwy
September 2, 2015 - Page 6