HomeMy WebLinkAboutPC Resolution 16-2989
RESOLUTION NO. 16-2989
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-16-00132 (SITE PLAN REVIEW AND REVISION ‘A’ TO
CONDITIONAL USE PERMIT NO. 05-123): A REQUEST TO MODIFY THE
ENTRANCE TO THE DRIVE-THROUGH CAR WASH, EXPAND THE FUEL
DISPENSERS BY ADDING 1,216 SQUARE FOOT TO THE CANOPY AREA, AND
ADD 60 SQUARE FOOT TO THE MINI MART BUILDING OF THE EXISTING ARCO
GASOLINE SERVICE STATION, ON PROPERTY LOCATED AT 10030 LAKEWOOD
BLVD AND 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 January 18, 2006, the Planning Commission approved Conditional Use
Permit No. 05-123, for a car wash facility within a gasoline service station and
Zone Variance No. 05-124, to reduce the required 15’ building setback for the car
wash tunnel to locate adjacent to the north property line; and,
B. On October 21, 2009, Planning Commission approved Site Plan Review No. 09-
60, for a 480 square foot trellis canopy for the car vacuuming area at the drive
lane to the car wash facility; and,
C. On April 7, 2010, the Planning Commission approved Conditional Use Permit No.
10-07, for the business to operate with an Alcoholic Beverage Control Type 20
(Off-Sale Beer and Wine) license; and,
D. On May 18, 2016, a Land Use Permit Application was submitted by Fred Cohen
(hereinafter “applicant”), on behalf of the property owner (Samir Botros),
requesting a Site Plan Review to expand the fuel dispenser canopy by adding
1,216 square foot canopy area and add 60 square foot to the mini mart building of
an existing gasoline service station, on property at 10030 Lakewood Blvd; and,
E. The applicant has also filed concurrently a modification to an existing Conditional
Use Permit No. 05-123, to modify the entrance to a drive lane that directs
automobiles into a car wash tunnel; and,
F. On July 21, 2016, a notice of the public hearing was sent to all property owners
within 500’ of the subject site and the notice was published in Downey Patriot;
and,
G. The Planning Commission held a duly noticed public hearing on August 3, 2016,
and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares that the
proposed project was reviewed for compliance with the California Environmental Quality Act
(CEQA), and is categorially exempt from CEQA, pursuant to Guideline Section 15332 (Class 32,
In-Fill Development Projects). Class 32 consists of projects that are consistent with the General
Plan and zoning, on a site that is less than five acres and does not have any protected habitat,
Resolution No. 16-2989
Downey Planning Commission
PLN-16-00132 – 10030 Lakewood Blvd
August 3, 2016 - Page 2
and can be adequately served by utilities. Staff believes that the proposed project meets all of
these requirements, thus qualifies for a Class 32 exemption:
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:
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. The
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. In 2006, the applicant made major
improvements to the subject site by constructing new mini-mart building, gasoline
canopy, and car wash tunnel. The proposed project will extend and utilize the
existing design of the Arco Service Station. 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 intent of the proposed
project is to provide better customer service at the gas pumps, at the mini- mart,
and at the self-service car wash, thereby retaining them as customers and
attracting new customers to the site.
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 proposed
project will expand the mini-mart building, modify the drive lane to the car wash
tunnel, and add fuel dispensers with expanded canopy structure to the existing
gasoline service station. This proposal is consistent with the purpose of the C-2
zone, which is intended to provide for and encourage the orderly development of
commercial uses, with provisions to ensure that such business will be efficient
and compatible with adjacent non-residential development. The proposed project
is an effort to remodel an existing gasoline service station and it will comply with
the Zoning Code (i.e. building setbacks, height, and parking).
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. The gasoline service station/car wash was previously approved
by the City Design Review Board in 2006. The proposed project will extend and
utilize the existing design of the Arco Service Station. Furthermore, the applicant
has proposed an architectural design that will blend harmoniously with the existing
structures.
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 proposed improvements would locate in the same
areas that previously designated for similar uses on site. The project to realigning
the parking stalls and to reducing the length and width of the entrance to the drive
lane of the car wash tunnel will allow adequate space for vehicles to navigate the
pump island and drive lane to the car wash efficiently and safely.
Resolution No. 16-2989
Downey Planning Commission
PLN-16-00132 – 10030 Lakewood Blvd
August 3, 2016 - Page 3
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 project will extend and utilize the existing
design of the Arco Service Station. The applicant has proposed an architectural
design that will maintain the same appearance as the existing structures on site.
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 combination of preserving the existing architectures and cleaning up the site
layout will better enhance the property. Furthermore, the proposed canopy and
mini-mart expansions to the existing structures will comply with the current
Building Code and Fire Code regulations for structural integrity and fire safety.
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
(Condition No. 9) that stipulates the use of graffiti-resistant materials in
accordance to Downey Municipal Code, Article IV, Section 4960, has been
added.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Revision ‘A’ to CUP No. 05-123, the Planning Commission
further finds, determines and declares that:
A. That the request 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 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. In 2006, the applicant made major
improvements to the subject site by constructing new mini-mart building, gasoline
canopy, and car wash tunnel. The proposed project will extend and utilize the
existing design of the Arco Service Station. 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 intent of the proposed
project is to provide better customer service at the gas pumps, at the mini- mart,
and at the self-service car wash, thereby retaining them as customers and
attracting new customers to the site.
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
proposed improvements to an existing automobile service station and its car
wash facility will comply with the City’s development standards (i.e. building
height, setbacks, queuing space, and parking). All existing uses that including
car wash service, gasoline service, and mini-mart store will remain unchanged.
Therefore, the project to expand the existing structures will not adversely affect
the surrounding uses.
Resolution No. 16-2989
Downey Planning Commission
PLN-16-00132 – 10030 Lakewood Blvd
August 3, 2016 - Page 4
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 size and shape of the site proposed for the use is adequate to allow
the full development of the proposed project because the site contains over
29,500 square feet of land area and the total square footage of 7,415 for the
proposed additions and existing structures will only comprise 25% of the total
land area. The subject site will be large enough to support the expansion to the
fuel pump canopy and the mini mart building and provide sufficient area on-site
for stacking vehicles as they enter the car wash tunnel. These factors eliminate
or significantly reduce impacts on local streets and adjacent properties. The
proposed project complies with the C-2 development standards including FAR, lot
coverage, on-site parking, and building setbacks.
D. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area. The subject site is bounded by and
accessible from Lakewood Blvd and Florence Ave (major arterials). Staff believes
that the project will generate a minimal amount of daily vehicle trips and the
adjoining arterial roadways have sufficient capacity to absorb this negligible
increase. Traffic generated by the proposed improvements will not impose an
undue burden upon the streets and highways in the area.
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 Site Plan Review
and Revision ‘A’ to CUP No. 05-123 (PLN-16-00132), 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 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of August 2016.
Originally signed by Matias Flores
Matias Flores, 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 3rd day of
August 2016, by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Rodriguez, Morales, Lujan and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Originally signed by Mary Cavanagh
Mary Cavanagh, Secretary
City Planning Commission
Resolution No. 16-2989
Downey Planning Commission
PLN-16-00132 – 10030 Lakewood Blvd
August 3, 2016 - Page 5
PLN-16-00132
(SITE PLAN REVIEW & REVISION ‘A’ TO CUP 05-123)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review allows for the construction of a 1,216 square foot
canopy to the existing fuel pump canopy structure, add two fuel dispensers, and add 60
square foot to the existing mini mart building of a Gasoline Service Station. The approval
of this Revision ‘A’ to CUP No. 05-123 allows the modification of an entrance to the drive
lane that directs automobiles into a car wash tunnel.
2) The permitted hours of operation of the mini-mart and gasoline service are 24 hours a
day, 7 days a week. Car wash hours of operation shall be 8:00 a.m. to 6:00 p.m., seven
(7) days a week.
3) Site Plan Review and Revision ‘A’ to CUP No. 05-123 (PLN-16-00132) 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.
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 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.
6) 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.
7) Any graffiti applied to the site shall be removed within 48 hours.
8) 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.
Resolution No. 16-2989
Downey Planning Commission
PLN-16-00132 – 10030 Lakewood Blvd
August 3, 2016 - Page 6
9) If City approval is contingent upon any changes to the plans as submitted, the Applicant
shall submit three copies of the revised plans, incorporating all approved amendments,
overlays, modifications, etc. to the Planning Division prior to the submittal of plan check.
10) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval for Site
Plan Review and Revision ‘A’ to CUP No. 05-123 (PLN-16-00132), into the approved set
of building plans.
BUILDING
11) All construction shall comply with the current version of California Building Code and Title
24 of the California Energy Code as adopted by the City of Downey.
12) The owner/applicant shall provide pedestrian path of travel from Florence Avenue to the
existing mini mart building.
13) Prior to the commencement of construction, the applicant/owner shall obtain all required
permits. Additionally, the applicant/owner shall obtain all necessary inspection and permit
final prior to occupancy of the building.
FIRE
14) Plans to be submitted through Building and Safety shall comply with the current version
of California Fire Code and any other pertinent requirements to be determined at time of
plan submission and review.
15) 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.
16) Fire Lane signage shall be installed in accordance with DMC 3327.
17) Smoke detectors shall be installed in accordance with the current version of California
Fire Code Section 907.2.11.2.
PUBLIC WORKS
18) Prior to the issuance of building permits, the applicant shall 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 to all
construction and grading plans as required by the LACoDPW Stormwater Quality
Management Plan (SQMP).
19) The owner/applicant shall relocate the existing sanitary sewer lateral due to possible
conflict with the proposed fuel island expansion.
20) If applicable, prior to the issuance of demolition permits, the applicant shall complete a
Construction & Demolition (C&D) Waste Management Plan per Article V, Chapter 8 of
the Downey Municipal Code.
21) The owner/applicant shall install all new utilities associated with this project underground.
Resolution No. 16-2989
Downey Planning Commission
PLN-16-00132 – 10030 Lakewood Blvd
August 3, 2016 - Page 7
22) If applicable, the owner/applicant shall install a 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.
23) All installed pavement shall consist of a minimum section of four inch (4”) thick aggregate
base, and a minimum 2-1/2” thick asphalt concrete pavement.
24) 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.
H:\Community Development\Nguyen\CASES\Multi-Case\10030 Lakewood (gas station) CUP-SPR\16-00132 reso.doc