Loading...
HomeMy WebLinkAboutPC Resolution 15-2940RESOLUTION NO. 15 -2940 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SITE PLAN REVIEW (PLN -15- 00076), THEREBY ALLOWING CONSTRUCTION OF A 45,670 SQUARE FOOT NEW CAR DEALERSHIP ( DOWNEY NISSAN) ON PROPERTY LOCATED AT 7321 FIRESTONE BLVD, ZONED C -M (COMMERCIAL MANUFACTURING) 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 April 23, 2015, the applicant (Rudy De La O) submitted a Site Plan Review application, requesting to construct a new car dealership within the development area. The application was deemed incomplete due to missing information on the project plans; and B. On August 12, 2015, the applicant submitted the final information needed to complete the request; as such, staff deemed the application complete on September 1, 2015.; and, C. On September 3, 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 September 16, 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 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. 15302 (Class 2, Replacement or Reconstruction). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Site Plan Review, the Planning Commission further finds, determines and declares that: 1. The site plan is consistent with the goals and polices embodied in the General Plan and other applicable plans and polices adopted by the Council. The subject site has a General Plan Land Use Designation of Commercial Manufacturing and zoning of C -M (Commercial Manufacturing). According to the General Plan, "The Commercial Manufacturing designation is intended to provide greater flexibility for providing land uses that generate employment such as shopping centers, major offices, and light industrial." Furthermore, it is a goal of the General Plan to "Ensure the continued fiscal balance of the community' (Goal 9.3). It is also a policy of the General Plan (Policy 8.2.2) to "Promote the upgrading of properties." The proposed project is consistent with the intent of the land use designation and the aforementioned goal and policy since this request will support a new vehicle dealership. The larger dealership (as compared to Resolution No. 15 -2940 Downey Planning Commission their current location) will allow the dealership to sell additional vehicles, thus increasing tax review and ensuring the City of Downey maintains a fiscal balance. Similarly, approval of this project will upgrade the property and enhance the aesthetics of the area. 2. The proposed development is in accordance with the purposes and objectives of Article IX and the zone in which the site is located. One of the purposes of the Zoning Code is to allow development of properties, while avoiding impacts of the adjoining area. The subject site is within the C -M (Commercial Manufacturing) zone. According to the Municipal Code, "the C -M Zone is intended to provide a flexible range of commercial, wholesale, and light manufacturing uses that can be operated in harmony with each other and in a clean and orderly manner." The proposed dealership meets all of the development standards set forth in the C -M zone. The proposed new car dealership is consistent with the intent of the C -M zone, since the car sales lot is intended to serve the community as a whole, and will operate in harmony with surrounding uses. Additionally, since the proposal meets all of the development standards; it is being proposed in accordance with the objectives of the zone. 3. 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. The proposed site layout utilizes large setbacks and a wide landscape planter along the property frontage. The larger setbacks and landscaping is consistent with other developments in the area. Furthermore, the applicant is proposing to utilize Brisbane Box trees in the front landscape setback, which matches the tree types used in the immediate area. Finally, the Planning Commission finds that the contemporary architectural style, along with the site layout, will allow the proposed development to harmoniously integrate and enhance the area. 4. 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. Former uses on the site included car dealerships. The proposed site plan, allows the reestablishment of automobile dealership, while improving on site circulation and pedestrian access. The site plan allows easier access to the vehicle service area and ample customer parking for the showroom. Furthermore, proper pedestrian access is being provided from the public right -of -way. This layout will make it safer for pedestrians and vehicles to circulate on the site. 5. The proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. In the City of Downey, there is a virtual plethora of architectural styles, particularly in this area. The proposed architecture is a contemporary architectural style, which includes the use of stucco and ACM panels on the facades. Additionally, the applicant is proposing to use large storefront framed windows throughout the front facade. The proposed architecture utilizes elements of, but does not match the other buildings in the area. Based on this, the finished materials and colors being proposed by the applicant will allow the buildings to blend nicely with the architectural styles of the other buildings, while avoiding an architectural monotony. Furthermore, the proposed architectural style will upgrade the overall appearance of the site and, in turn, improve the community appearance. 7321 Firestone Blvd — PLN -15 -00076 September 16, 2015 - Page 2 Resolution No. 15 -2940 Downey Planning Commission 6. 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 site is currently vacant. This proposal will serve to upgrade the area with a new automobile dealership that has a contemporary architectural style and a wide landscaped planter across the entire property frontage. The site has been planned to avoid points of a potential vehicle /pedestrian conflicts. This project is consistent with current practices, as well as provides an upgrade to the aesthetics of the area. 7. 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. As part of this project several conditions of approval have been included to require the use of graffiti resistant materials in the construction of the building. Should any graffiti appear on the site, an additional condition of approval has been included to have the applicant have it removed within 48 hours of application. 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 Site Plan Review (PLN -15- 00076), 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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of September, 2015. Aectoj n, C W6 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 16th day of September, 2015, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: Flores ABSTAIN: COMMISSIONERS: None Mary Cave' agh, Secretary City Planning Commission 7321 Firestone Blvd — PLN -15 -00076 September 16, 2015 - Page 3 Resolution No. 15 -2940 Downey Planning Commission SITE PLAN REVIEW (PLN -15- 00076) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Site Plan Review permits the construction of a new car dealership (Downey Nissan), which shall include a new 45,670 square foot two -story building, a 2,700 square foot covered service drive, a 1,066 square foot covered vehicle delivery area, and all the related outdoor display, parking, and storage areas on property located at 7321 Firestone Blvd. 2) Approval of this Site Plan Review 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 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. 4) 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. 5) All conditions of approval set forth in this resolution shall be complied with before the Site Plan Review becomes valid. 6) Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m., Saturdays. There shall be no construction on the site outside of these hours. 7) All roof - mounted equipment shall be screened from view as seen from adjoining properties and the public right -of -way. Additionally, any HVAC equipment mounted to the ground shall be screened from view from adjoining properties and the public right -of- way. 8) All lights on the property shall be directed, positioned, and /or shielded such that they do not illuminate surrounding properties and the public right -of -way. 9) Any bollards on the site shall be decorative in nature. Prior to the installation of the bollards, the applicant shall obtain approval color and style by the City Planner. 7321 Firestone Blvd — PLN -15 -00076 September 16, 2015 -Page 4 Resolution No. 15 -2940 Downey Planning Commission 10) The development standards for the site shall be as follows: Standard . Lot (development area Area 2 Acres 6.57 acres Width 290' ± 868' Depth 300' ± 508' FAR 0.60 0.16 Height 150' or 10 stories 29' -6" / 2 stories Setbacks Front 20' 140' -11" Rear 15' 73' -3" Side 0' 47' -11" 163 168 —Parking Landscaping_ 28,619 s.f. 37,512 s.f, 11) The approved architectural style, finish material, and colors shall be, as noted in the approved plans. Changes to the facades and /or colors shall be subject to the review and approval of the City Planner. At his /her discretion, the City Planner may refer changes to the facades and /or colors to the Planning Commission for consideration. 12) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. 13) All signs shall comply with the requirements set forth in the Downey Municipal Code. 14) All customer parking spaces, as noted on the approved site plan, shall be reserved for customers only. Prior to the final of building permits, the applicant shall paint pavement markings labeling these spaces as such. 15) 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. Any graffiti applied on the site shall be removed by the applicant within 48 hours. 16) 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 permits. 17) Prior to the final of building permits, all landscaping and irrigation shall be installed. The type, size and number of landscaping shall be as noted on the approved landscape plan. All landscape shall be installed and permanently maintained. Landscape irrigation shall utilize a separate meter from the building potable water to allow for future retrofit to recycled water. 18) All above grade back -flow preventers, check valves, and transformers shall be painted green and screened from view from the public right -of -way. 7321 Firestone Blvd — PLN -15 -00076 September 16, 2015 - Page 5 Resolution No. 15 -2940 Downey Planning Commission 19) All deliveries and pick -up shall occur on the site only. Trucks and /or other delivery vehicles shall not be allowed to park on Firestone Blvd. BUILDING 20) 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. 21) 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. FIRE DEPARTMENT 22) 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. 23) All fire lanes shall be clearly identified including the use of red curbs and signs. All fire access shall require turn around area for fire apparatus, as approved by the Fire Chief. PUBLIC WORKS 24) All new onsite utilities shall be installed underground. 25) The owner /applicant shall be required to complete a construction & demolition (C &D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 26) All existing driveways, with exception of the new project entry at the corner of Firestone and Arnett, shall be removed and replaced with curb, gutter, and sidewalk. 27) Prior to the commencement of operations, the applicant shall obtain an industrial wastewater discharge permit form the Los Angeles County Sanitation District for all areas of the operation required to have said wastewater discharge permit. 28) Prior to the issuance of building permits, the applicant shall pay a fair -share contribution for the construction of a raised landscape median in the Firestone Blvd right of way. The fair -share contribution shall be as determined by the Director of Public Works. 29) 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, reclaimed water and sanitary sewer lines; chemical and hazardous material storage, if any, including containment provisions; and the type of existing use, including the gross square footage of the building, and its disposition. 7321 Firestone Blvd — PLN -15 -00076 September 16, 2015 - Page 6 Resolution No. 15 -2940 Downey Planning Commission 30) 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. Furthermore, the owner /applicant shall provide a design that conveys all onsite drainage over a vegetative swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite using either surface detention basins or below grade facilities with flow in excess of the first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles County Public Works storm drain 31) The owner /applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 32) The facility design must provide for recycling facilities, i.e., storage and handling areas for recycling facilities. 33) The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water service line, meter, and meter box for each use (building and landscape). 34) The owner /applicant shall install pavement, which consists of a minimum section of 4" thick aggregate base, and a minimum 2 -1/2" thick asphalt concrete pavement. 35) The owner /applicant shall furnish and install backflow device(s) in accordance with the Department of Public Works and the State and County Department of Health Services requirements. 36) The owner /applicant shall confirm availability of adequate fire flow and pressure in accordance with the Department of Public Works and Downey Fire Department requirements. 37) The owner /applicant shall furnish and install fire hydrant(s) and dedicated fire protection lateral(s) including backflow devices, fire department connections and other appurtenances as required by the Department of Public Works and the Downey Fire Department. Backflow devices, fire department connections, and associated appurtenances are to be located on private property and shall be readily accessible for emergency and inspection purposes. Backflow devices shall be screened from street view by providing sufficient landscaping to hide it. 38) The owner /applicant shall provide and record utility easement(s) for access to, and inspection and maintenance of, public water lines, meters and appurtenances, and backflow devices. 39) The owner /applicant shall furnish and install sanitary sewer lateral(s) and associated facilities within the public right of way in accordance with the requirements of the Department of Public Works. 40) The owner /applicant shall identify the point(s) of connection for the sanitary sewer lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in 7321 Firestone Blvd — PLN -15 -00076 September 16, 2015 - Page 7 Resolution No. 15 -2940 Downey Planning Commission conformance with the requirements of the Department of Public Works and the County Sanitation Districts of Los Angeles County ( CSDLAC). 41) The owner /applicant shall furnish and install the public sanitary sewer improvements, including extension and /or replacement of existing mains and associated facilities, necessary to provide, adequate capacity for the site as approved by the Department of Public Works and CSDLAC. 42) The owner /applicant is responsible for coordinating with and payment to the City and CSDLAC for all sanitary sewer connection and capacity charges. 43) The owner /applicant shall provide improvement plan mylars, record drawing mylars, and record drawing digital (AutoCAD — latest edition) files in accordance with the requirements of the Department of Public Works that have been signed by a civil engineer licensed in the State of California. Final approval of new utilities shall be dependent upon submittal and approval of record drawing mylars and scanned, uncompressed TIFF images of record drawings on a CD /DVD -ROM media per City's GIS Requirements. 7321 Firestone Blvd — PLN -15 -00076 September 16, 2015 - Page 8