Loading...
HomeMy WebLinkAboutPC Resolution 16-2978RESOLUTION NO. 16 -2978 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN -15- 00236), THEREBY ALLOWING THE CONSTRUCTION OF A 5,061 SQUARE FOOT VALVOLINE INSTANT OIL CHANGE, FOR AUTOMOBILE REPAIR, LOCATED AT 7737 FIRESTONE BLVD, 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. On December 2, 2015, the applicant submitted a request for the Site Plan Review and Conditional Use Permit to allow the construction of a new Valvoline Instant Oil Change (automobile repair use) at 7737 Firestone Blvd. Due to missing information on the project plans, staff deemed the application incomplete; and, B. On March 21, 2016, the applicant submitted the remaining information needed to complete the application. Accordingly, staff deemed the application complete on March 22, 2016; and, C. On April 6, 2016, notice of the pending application 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 April 20, 2016, 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 15332 (In -fill Development). 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. That the site plan is consistent with the goals and policies embodied in the General Plan and other applicable plans and policies adopted by the Council. The site plan, building design, and landscaping for the proposed use and structure are consistent with the goals and policies of the General Plan to put property appearance at the forefront of new development in the City of Downey. The proposed building is residential in design but commercial in its use. This area encompasses both commercial and residential uses and is consistent with General Plan Policy 1.1.1, which encourages maintaining a balance of land uses. The proposed site plan is also consistent with the General Plan's objective to reduce the impacts on traffic circulation from a lack of parking. The proposed site is providing more parking spaces than is required by the Municipal Code. As such, the proposed site plan is consistent with the goals and policies embodied in the General Plan. Resolution No. 16 -2978 Downey Planning Commission 2. That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. According to the City of Downey's Municipal Code, the C -2 (General Commercial) Zone is intended to provide for and encourage the orderly development of general commercial uses, with a wide variety of goods and services for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development. The proposed site plan and development are consistent with this objective in that the use is automobile repair. This will serve a large number of residents in the surrounding area as well as throughout the City since this will be the first Valvoline Instant Oil Change in the City. According to the applicant, the business provides services in approximately 15 minutes. This speediness in delivering services will assure that the greatest amount of residents can be served, making this development a valuable addition to this area. 3. 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. The proposed design of this new development will integrate harmoniously with this area. The pitched roof and earth -tone colors are similar to typical residential architecture, making this structure compatible with the existing residential construction abutting the project site. The landscaping and trees around the perimeter of the parking lot create a smooth visual transition from the street and creates a buffer between the proposed development and the adjacent uses. This is a substantial upgrade to the existing condition of the lot, which is currently vacant. The project will enhance the streetscape. 4. That the site plan and locations 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 building is located in the middle of the lot, closest to the western property line and located conveniently between the two existing driveways on the lot to promote efficient automobile circulation onto the site. The proposed landscaping around the perimeter of the parking lot helps achieve an orchard parking lot landscaping, as required pursuant to Code Section 9520.04(e)(2). The proposed photometric plan illustrates the site's compliance with City regulations regarding lighting on the site for safety and security in that the proposed lighting sufficiently illuminates the site while containing the light on the site. 5. 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 development is unique for its use because typical automobile repair facilities, including Valvoline Instant Oil Change, utilize buildings that include a flat roof and often do not include any distinguishing architectural features. The proposed development will break away from the typical design associated with automobile repair services and will improve the area by introducing a unique design that is more compatible with the residential construction adjacent to the project site. 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 2 Resolution No. 16 -2978 Downey Planning Commission 6. 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 development will upgrade the existing property because the project site is currently a vacant site surrounded by a construction fence. This development will promote the betterment of the public health, safety, comfort, and welfare of the surrounding area because the lot will no longer be vacant and will provide a service that has the potential to benefit many residents in the area, as well as in the greater area of the City of Downey. Furthermore, the site is designed to reduce the potential for graffiti since are currently no perimeter walls surrounding the site and the proposed hedge along the north property line will be plant materials. 7. 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 the City of Downey Municipal Code. The proposed development will use graffiti- resistant materials and will be painted with graffiti- resistant paint. Furthermore, in compliance with Code Section 4960, the owner has consented to immediately remove any graffiti placed on the property. An additional deterrent for graffiti is the proposed six -foot tall hedge along the north property of the wall. SECTION 4. 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: 1. 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 site plan, building design, and landscaping for the proposed use and structure are consistent with the goals and policies of the General Plan to put property appearance at the forefront of new development in the City of Downey. The proposed building is residential in design but commercial in its use. This area encompasses both commercial and residential uses and is consistent with General Plan Policy 1.1.1, which encourages maintaining a balance of land uses. The proposed site plan is also consistent with the General Plan's objective to reduce the impacts on traffic circulation from a lack of parking. The proposed plan provides more parking spaces than is required by the Municipal Code. As such, the proposed site plan is consistent with the goals and policies embodied in the General Plan. 2. That the request 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 automobile repair will not adversely affect the adjoining land uses or the growth and development of the area because the subject property is currently zoned C -2 (General Commercial) with a General Plan land use designation of GC (General Commercial). The surrounding neighborhood consists of various commercial uses. A McDonald's restaurant and an Albertson's grocery store are located to the south of the subject property. Mr. Pete's Patio restaurant is located to the east of the project site in a shopping plaza along with businesses such as O'Reilly Auto Parts, H &R Block, and a beauty salon. The shopping plaza located to the southeast of Rives Ave and Firestone Blvd includes a Stater Brothers grocery store, Papa John's Pizza, Allstate Insurance, and a nail salon. The properties north of the site are zoned R -1 -5,000 and are 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 3 Resolution No. 16 -2978 Downey Planning Commission constructed with single - family residences. The properties to the northeast of the project site are zoned R -3 and are developed with multiple - family residences. Directly adjacent to and west of the project site is Kal Motors, a used car dealership. Directly to the west of Kal Motors is another automotive repair shop. This project meets all of the development standards within the C -2 zone and is consistent with the commercial uses surrounding the property. 3. 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 of the proposed development of the site allows a design that has the least amount of visual impact upon the adjoining uses and the least amount of impact on automobile circulation on and off the site. Staff believes, the design of the building is compatible with the surrounding commercial and residential uses and is placed on the lot so that there is a smooth visual transition from the street to the use on the lot. Furthermore, this design meets the development standards of the municipal and meets the intent of the General Plan. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. According to the applicant, the proposed use will service approximately 45 cars in one day. The operations of the use are such that oil changes are performed in approximately 15 minutes, thus promoting efficient automobile circulation. In addition, the applicant is providing more than the required parking spaces for this use. These things, in conjunction with the two driveways and the amount of space surrounding the building, the amount of traffic generated by this use will not impose an undue burden upon the streets and highways in the area. It is important to note that the proposed project was reviewed by the City's traffic engineer who determined that this project will not impact traffic on the streets. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this resolution, the Planning Commission of the City of Downey hereby approves the Site Plan Review and Conditional Use Permit (PLN- 15- 00236), 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. 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 4 Resolution No. 16 -2978 Downey Planning Commission SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of April, 2016. r Ji , odriguez, Vice hairman Katy Planning Commission 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 20th day of April, 2016, by the following vote, to wit: AYES: COMMISSIONERS: Rodriguez, Lujan and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Flores and Morales ABSTAIN: R"" COMMISSIONERS: None Mary Cav nagh, Secretary City Planning Commission 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 5 Resolution No. 16 -2978 Downey Planning Commission SITE PLAN REVIEW AND CONDITIONAL USE PERMIT (PLN -15- 00236) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Site Plan Review and Conditional Use Permit (PLN -15- 00236) allows, specifically, for the construction of a new Valvoline Instant Oil Change that has a floor area of 5,061- square -feet with a lot coverage of 2,531- square -feet on a lot that measures 21,646- square -feet. The building shall contain four (4) service bay stations, a waiting room, an office on the main floor and a tank room, locker area, and changing room for the employees on the lower floor. The building shall be situated in the center of the lot with a setback of 36 -feet along Firestone Blvd, a 56 -foot 6 -inch setback along Rivas Ave, and a 56 -foot setback along the alley that abuts the existing single - family residences. 2) Approval of this Site Plan Review and Conditional Use Permit (PLN -15- 00236) 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 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. 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) 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. 6) All exterior lights 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. 7) For security purposes, lighting shall be placed in such a way as to illuminate the area surrounding the trash enclosure. This lighting shall be un- switched and photo- sensor controlled. 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 6 Resolution No. 16 -2978 Downey Planning Commission 8) 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. 9) All roof mounted equipment shall be screened from view as seen from adjoining properties and the public right -of -way. 10) All signage shall require the approval of a sign permit and shall comply with the municipal code. 11) 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. 12) Any graffiti applied to the site shall be removed within 48 hours. 13) The development standards for the site shall be as follows: Standard Re uirement Pro osed Floor Area Ratio 1.4 0.23 Lot Coverage 50% 12% Building Height 45 ft. / 3 stories 28.09 ft. / 1 story Minimum Required 2, 165 sq. ft. 7, 340 sq. ft. Landscaping for Parkin Area 10% of site)_ Setbacks: Front 15' 36' Rear (abutting a residential 46' 55' zone) Side (abutting Rives Ave) 5' 56' -5" Interior Side NR 14' -3" Parking 12 15 (3 per bay) (including one ADA accessible space) 14) 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. 15) 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. Irrigation of the landscape areas shall be with recycled water only. 16) All above grade back -flow preventers, check valves, and transformers shall be painted green and screened from view from the public right -of -way. 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 7 Resolution No. 16 -2978 Downey Planning Commission 17) Prior to the final of building permits, the applicant shall provide stamped, colored concrete or pavers across the driveways. The stamped, colored concrete or pavers shall be as approved by the City Planner. 18) The disposal of all hazardous materials shall comply with federal, state, local, and industry standards. 19) Parking lot landscaping shall provide a minimum of one (1) landscape island between every ten (10) parking spaces with irrigated understory and curbs. The islands shall have a minimum width of five (5) feet exclusive of curbs. Two (2) feet at the end of landscape islands shall be left unplanted when adjacent to drive aisles and driveways to prevent plant materials from being run over by vehicles. The use of cobbled, patterned concrete or brick pavers shall generally be installed in these end areas. 20) A minimum ten (10) foot wide landscape strip shall be provided along the property line which is adjacent to the residential zone. This landscape area shall be maintained with trees or shrubs not less than six (6) feet in height at the time of planting, and not less than fifteen (15) feet in height at maturity. In all other areas, a minimum five (5) foot wide landscape strip is required. 21) Redesign the solid waste enclosure to comply with Code Section 9528.04(a)(4) wherein it states that each solid waste enclosure should be designed to allow walk -in pedestrian access without having to open the main enclosure gate. 22) The hours of operation for this use shall be Monday through Sunday from 7:00 A.M. to 7:00 P.M. 23) In order to comply with noise regulations, the applicant shall be prohibited from installing and utilizing an outdoor paging system; shall not have amplified music; shall install signage in the parking area to advise patrons to be courteous and not make excess noise so as to not disturb the residents north of the site. BUILDING 24) 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. 25) 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 26) Electronic reporting of Hazardous Materials to State -wide reporting system (CERS) for chemical handled at or above reportable limits of 55- gallons of liquid, 500 pounds of solid, and 200 cubic feet of gas [CA HSC 25505(a)(C); 25508(a)(1)] 27) Installation of approved Fire Department access — Knox Box [CA Fire Code 506] 28) Installation of approved Fire Department premises (address) identification (if not already in place and meeting current code) [CA Fire Code 505] 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 8 Resolution No. 16 -2978 Downey Planning Commission 29) All new buildings to be constructed for any occupancy use shall be protected by an approved Automatic Fire Extinguishing System throughout, installed in accordance with nationally recognized standards, when the total floor area of such building exceeds three thousand six hundred (3,600) square feet. This provision shall also apply when said building(s) have been vacated for one year or more ". DMC Section 3319 AND: All sprinklered buildings must be protected with an approved fire alarm system. Sprinklered and non - sprinklered buildings required to have an approved fire alarm system must provide for the alerting of ALL occupants of the building; visible devices must be provided at each audible device in areas as determined by the Chief. A Total Smoke detection shall be installed below all finished ceilings and in accordance with recognized standards and manufacturers specifications. 30) No exterior storage of hazardous materials. 31) Provide a spill plan (SPCC) in accordance with 2013 CFC Chapter 50. 32) Metal waste cans with lids shall be provided for used shop rags containing residual flammable liquid materials. 33) Hazard identification signs shall be installed as per 2013 CFC Section 5003.5 34) Provide a chemical inventory at time of plan check for Fire Department review. Additional code requirements may be needed after review of chemical inventory. (2013 CFC 5001.5.2) PUBLIC WORKS 35) The applicant shall apply an anti - graffiti material of a type and nature that is acceptable to the Director of Public Works to each surface viewable by the public on the improvements to be constructed on the site deemed by the Director of Public Works to be likely to attract graffiti. 36) 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. 37) The owner /applicant shall provide trash enclosure. 38) Complete a construction & demolition (C &D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 39) Proposed public improvements shall comply with the latest edition of Standard Plans and Specifications for Public Works Construction and City of Downey standards. 40) Obtain permits form Public Works Department for all public improvements within the public right of way. 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 9 Resolution No. 16 -2978 Downey Planning Commission 41) Remove and replace damaged, uneven or sub - standard curb, gutter, sidewalk, driveway, disabled ramps, and pavement to the satisfaction of the Public Works Department. Contact Public Works Inspector at (562) 904 -7110 to identify construction areas to be removed and replaced. 42) Submit public improvement plans for review and approval by Public Works Department which include offsite improvements and water utility plans (fire connection and potable water service). 43) 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. 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. 44) All unused driveways shall be removed and constructed with full- height curb gutter, and sidewalk. 45) Construct onsite pavement, consisting of a minimum section of 4" thick aggregate base, and a minimum 2 -1/2" thick asphalt concrete pavement. 46) Comply with the National Pollutant Discharge Elimination System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC); and the Low Impact Development (LID) Plan. Furthermore, the 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). 47) Remove all construction graffiti created as part of this project within the public- right -of- way in a timely manner. 48) The owner /applicant shall furnish and install a new (min. 1 -inch) dedicated potable water service line, meter, and meter box. 49) The owner /applicant shall furnish and install backflow device in accordance with the Department of Public Works and the State and County Department of Health Services requirements. 50) The owner /applicant shall furnish and install the public potable water improvements, including extension and /or replacement of existing mains and associated facilities, necessary to provide adequate fire flow and pressure to the site. 51) The owner /applicant shall furnish and install a fire hydrant and dedicated fire protection lateral including backflow devices, fire department connections and other appurtenances as required by the Department of Public Works and the Downey Fire Department. Such improvements may include removal and /or replacement of existing fire hydrants, laterals, backflow devices, and associated facilities with new facilities to current Downey standards and materials. Backflow devices, fire department connections, and 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 10 Resolution No. 16 -2978 Downey Planning Commission 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. 52) 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. 53) 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. 54) 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 conformance with the requirements of the Department of Public Works and the County Sanitation Districts of Los Angeles County ( CSDLAC). Existing sewer main running at the rear of the property shall be abandoned properly. 55) 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. 56) The owner /applicant is responsible for coordinating with Building & Safety permit fees and payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity charges. 57) The owner /applicant shall obtain all necessary plan approvals and permits. 58) 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. 59) Utility plans shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading plan permit. Submit plans to Building & Safety and Planning Divisions regarding the following: a) The use of drought tolerant plants b) Drip irrigation c) Latest Green Code standards for water fixtures, etc. (End of Conditions) 7737 Firestone Blvd — PLN -15 -00236 April 20, 2016 - Page 11