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HomeMy WebLinkAboutPC Resolution 15-2929RESOLUTION NO. 15 -2929 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -15 -00093 - A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW RECREATIONAL VEHICLE SALES AND SERVICE ON PROPERTY LOCATED AT 11111 FLORENCE AVENUE, AND ZONED SP 90 -1 (FLORENCE AVENUE /I -5 SPECIFIC PLAN) 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 May 4, 2015, the Applicant submitted a Land Use Permit Application (PLN -15- 00093) seeking the Planning Commission's approval of a conditional use permit to sell and service recreational vehicles at 11111 Florence Avenue. B. The subject property is SP 90 -1 (Florence Avenue /1 -5 Specific Plan). C. The General Plan designation of the subject property is GC (General Commercial). D. On July 2, 2015, notice of the pending public hearing for PLN -15 -00093 was published in the Downey Patriot on and it was mailed to all property owners within 500 feet of the subject site on July 3, 2015. E. The Planning Commission held a duly noticed public hearing on July 15, 2015, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No 15 -2929, approving PLN 15- 00093. 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 comply with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (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 requested 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 intent and purpose of SP 90 -1 is to provide a comprehensive set of land uses, development plans, design guidelines, and implementation programs to ensure quality development occurs within the specific plan area that are consistent with the goals and policies of the Downey General Plan. One of the goals of SP 90 -1 is to provide standards that will ensure attractive high- intensity, revenue - producing commercial developments as existing obsolete developments within the study area are recycled. PLN -15 -00093 seeks approval of a conditional use permit that will allow Giant RV to sell and service recreational vehicles on Site 1 of the Florence Avenue /1 -5 Specific Plan area (SP 90 -1). The requested use will allow for the recycling of a vacant building that is considered obsolete by the type of big -box retailers that used it previously. The Specific Plan Area is Resolution No. 15 -2929 Downey Planning Commission divided into 12 sites and each site has a different emphasis, with varying degrees of high- intensity auto - oriented or general commercial uses. PLN proposes the sale and servicing of recreational vehicles on Site 1. Dealerships oriented toward the sale of new passenger vehicles and lightweight trucks are the principal uses allowed on Site 1; however, recreational vehicles sales is a permitted there subject to the approval of a conditional use permit. B. 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 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 retail building has existed at 11111 Florence Avenue since the 1980's. The requested use will not affect neighboring land uses because other new car dealerships have existed in the vicinity since the 1960's and because the Florence Avenue /1 -5 Specific plan is intended for this type of use. C. 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 subject property is fully developed with a 109,545 sq. ft. building and with approximately 178 off - street parking spaces available for customer parking and for recreational vehicles displays and storage. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Florence Avenue and Studebaker Road serve the site. Florence Avenue is classified as a Major Arterial on the City's Master Plan of Streets and Highways, and Studebaker Road is classified as a Major Arterial in that vicinity as well. The volume of traffic that the recreational vehicles dealership generates will not burden the street. The westbound direction of Florence Avenue is four lanes wide, east of Studebaker Road, and two lanes wide west of Studebaker Road. Florence is also separated by a median divider. Studebaker Road, between Florence Avenue and the 1 -605 Freeway on- ramp /off ramp, contains at least three lanes in each direction. (An additional left -turn lane widens Studebaker Road to four lanes at the northernmost 250 feet of the northbound side of the street. Florence Avenue and Studebaker Road would be able to absorb any additional traffic the proposed use may create. 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 -00093 subject to the 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. PLN -15 -00093 11111 Florence Avenue July 15, 2015 - Page 2 Resolution No. 15 -2929 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of July 2015. Hector Lujan, Ghairman 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 15th day of July 2015, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONER: None 7 Mary Cav nagh, Secretary City Planting Commission` PLN -15 -00093 11111 Florence Avenue July 15, 2015 - Page 3 Resolution No. 15 -2929 Downey Planning Commission EXHIBIT A — CONDITIONS of APPROVAL PLN -14 -00093 (Conditional Use Permit) PLANNING 1) This approval of PLN -15 -00093 (conditional use permit) authorizes the sale and servicing of recreational vehicles on property located at 11111 Florence Avenue. 2) Approval of this PLN -15 -00093 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) The Applicant shall comply with all conditions of approval set forth in this resolution before the Conditional Use Permit becomes valid. 6) Noise generated from the proposed use shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. 7) All signs shall comply with the requirements set forth in the Downey Municipal Code. 8) The applicant shall remove any graffiti applied on the site within 48 hours. 9) All roof - mounted mechanical equipment shall be screened from view. The working drawings shall include a cross - section detail to illustrate that the height of the building parapet is sufficient to screen all roof - mounted equipment from view. 10) The Secretary of the Planning Commission is directed to certify the adoption of this Resolution. 11) All developments in excess of $500,000 valuation that involve the construction or reconstruction of light industrial, commercial or residential buildings (over 4 units) shall be subject to the Public Arts Program. The Applicant shall either install public art on their property or pay a cash payment equal to the public arts fee in accordance with the City of PLN -15 -00093 11111 Florence Avenue July 15, 2015 - Page 4 Resolution No. 15 -2929 Downey Planning Commission Downey Manual for Arts in Public Places. The Applicant shall verify compliance with this condition by indicating the public art display on the site plan or paying the public art fee, prior to the submitting building plans for plan check. 12) The Applicant shall install trash enclosures on the subject site in accordance with Section III -A (H) of SP 90 -1 (Florence Avenue /1 -5 Specific Plan). 13) Planting areas shall be maintained permanently, which includes proper watering, pruning, mowing of lawns, weed abatement, removal of litter, fertilizing, and replacement of plants and other materials when necessary. 14) All body repair and compressor work shall be performed in fully enclosed areas only. Access doors to such enclosures shall be screened or shall face away from all public rights of way. 15) Air Compressor exhaust stacks shall contain a muffling device. 16) Exterior loudspeakers shall be prohibited on all sites. 17) Displayed vehicles and on -site parking shall be setback a minimum of five (5) feet from all street property lines. The setback area shall be fully landscaped. 18) Dispalyed trucks and recreational vehicles greater than seven (7) feet in height shall be setback a minimum of thirty (30) feet from street property lines. 19) The Applicant shall provide radius returns for driveways if reconfiguration is required. BUILDING AND SAFETY 20) Any aspect of the existing building that is altered (i.e. structural, mechanical, plumbing, or electrical) shall meet current Code requirements. 21) Los Angeles County Sanitation Department fees and building permits are required to install a dump area for human waste disposal on the subject site. FIRE 22) Propane tank installations require a separate permit from the Downey Fire Department. 23) Five -year certification is required for fire sprinklers. 24) The proposed use shall meet the Downey Fire Code requirements for fire alarms. 25) The proposed use shall maintain fire lane access on the north side of the building. 26) The Applicant shall provide address signage per Fire Code requirements 27) The Applicant shall provide a Knox Box for gated areas on north side of the building. PUBLIC WORKS 28) The owner /applicant shall install all utilities underground PLN -15 -00093 11111 Florence Avenue July 15, 2016 - Page 6 Resolution No. 15 -2929 Downey Planning Commission 29) The owner /applicant shall reconstruct broken, uneven, or sub - standard curb, gutter, sidewalk, driveway, disabled ramps and pavement, shall be replaced to the satisfaction of the Public Works Department. Contact the Public Works Inspection Office at (562) 904- 7110 to have these areas identified just prior to initiating a grading plan. 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. 30) All driveway approaches shall be as wide as the driveway or parking aisle they serve. All unused driveways shall be removed and reconstructed with full- height curb, gutter and sidewalk. 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) Driveway entrance (Fire access) at easterly side of the property will need to be relocated due to impact by freeway widening. 33) Westerly driveway approach needs to be widened to accommodate RV traffic access to the property. 34) The owner /applicant 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 Water Resources Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC). Furthermore, the owner /applicant shall be required to Certify and append Public Works standard "Attachment A" to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). PLN -15 -00093 11111 Florence Avenue July 15, 2015 - Page 6 Resolution No. 15 -2929 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. 11 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. F] 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. C' 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. El 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 -00093 11111 Florence Avenue July 15, 2016 - Page 7