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HomeMy WebLinkAbout2. PLN-17-00112 - 11111 Florence AveSTAFF REPORT PLANNING DIVISION DATE: MAY 2, 2018 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: DAVID BLUMENTHAL, CITY PLANNER SUBJECT: VARIANCE AND A REVISION TO A CONDITIONAL USE PERMIT (PLN-17-00112) TO ALLOW GIANT RV TO CONSTRUCT AN 8-FOOT TALL WROUGHT IRON FENCE AND DISPLAY RV’S ALONG THE FRONT PROPERTY LINE. LOCATION: 11111 FLORENCE AVE ZONING: FLORENCE AVE/I-5 SPECIFIC PLAN (SP 90-1) REPORT SUMMARY Giant RV was approved to operate a recreational vehicle sales facility on the subject site in July 2015. They recently have completed the necessary construction and have started operations. However, construction of the new Florence Avenue bridge as created some unanticipated impacts to Giant RV’s operation, as such they are requesting to construct a 8’ tall wrought iron fence along Florence Ave and to be allowed to display recreational vehicles next to the street frontage. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A VARIANCE AND A REVISION TO A CONDITIONAL USE PERMIT TO ALLOW A DEVIATION TO THE ALLOWABLE FENCE HEIGHT AND LOCATION OF VEHICLE DISPLAYS FOR AN EXISTING RECREATIONAL VEHICLE DEALERSHIP ON PROPERTY LOCATED AT 11111 FLORENCE AVENUE, ZONED FLORENCE AVE/I-5 SPECIFIC PLAN BACKGROUND The subject site is a 9.7-acre parcel that is located on the north side of Florence Ave, at the northern terminus of Studebaker Road. The site is improved with a 109,453 square foot building, off street parking, landscaping, and a sixty-foot tall freestanding sign, which is located near the southeast corner of the site. The subject site has a General Plan Land Use Designation of General Commercial and is within the Florence Ave/I-5 Specific Plan (SP 90-1). Agenda Page 1 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 2 View of Site from Florence Avenue On July 15, 2015, the Planning Commission adopted Resolution No. 15-2929 (attached), thereby approving a Conditional Use Permit to allow the sale of recreational vehicles at the subject site. The dealership has recently completed construction and begun operations. Caltrans is currently replacing the Florence Avenue Bridge over the I-5 Freeway. This new bridge is taller and longer to accommodate the freeway widening. Because of this new bridge, the eastern half of the property will be up six (6) feet below the street level of Florence Ave. On June 29, 2017, the applicant submitted an application for a Variance and a revision to the Conditional Use Permit. This request is to deviate from the Specific Plan restrictions on constructing a fence and displaying recreational vehicles adjacent to Florence Ave. This applicantion was deemed incomplete on July 13, 2017. On March 28, 2018, the remaining information needed to complete the application was submitted to the City. Accordingly, staff deemed the application complete on April 17, 2018. On April 20, 2018, notice of the proposed project was published in the Downey Patriot and was directly mailed to all property owners within 500’ of the site. DISCUSSION The applicant’s specific request is to deviate from Sections III-A(K)(2) and III-A(L)(2) of the Florence Ave/I-5 Specific Plan, which read as follows: Section III-A(K)(2): “Trucks and recreational vehicles greater that seven (7) feet in height shall not be displayed within thirty (30) feet of the street property line.” Section III-A(L)(2): “In building setback areas, walls may not exceed 42” in height.” The restriction on displaying recreational vehicles within 30-feet of the front property line was also included as Condition of Approval No. 18 in Resolution No. 15-2929. These types of provisions are typically included in codes to protect the aesthetics of the streetscape. Agenda Page 2 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 3 Recreational vehicles can be up to 14 feet tall, which can have massive appearance from the street. Furthermore, the solid walls along the street frontage can have a similar effect. Notwithstanding this, the new Florence Avenue Bridge raises the elevation of Florence Ave, across the eastern half of the property. Upon completion of the bridge, the site will be approximately six feet below the street level, which alleviates the aesthetic concerns of displaying the recreational vehicles near the street. Staff is recommending a condition of approval that limits the display of recreational vehicles within 30-feet of the front property line to portions of the property that are on the east side of the main driveway. The applicant is also requesting to construct a new eight (8) foot tall wrought iron fence with block pilasters along Florence Avenue. The applicant has expressed the need for this wall to secure the site and the recreational vehicle inventory that is kept on the property. A combination of the increased street elevation and the proposed design of the fence have eliminated staff’s concerns for aesthetic impacts created by the fence. DEVELOPMENT REVIEW COMMITTEE This application went before the Design Review Committee on July 13, 2017. There were no concerns with the proposal. Necessary conditions of approval were included in the original Conditional Use Permit. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use 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. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment; and have been exempted from the requirements of the California Environmental Quality Act. Class 1 consists of projects that involve no or negligible expansion of the existing building or use. Inasmuch as the business exists and this request will not expand the building or operations, staff feels that this request qualifies for a Class 1 exemption. FINDINGS Variance A. That exceptional or extraordinary conditions or circumstances exist which are 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 project site is the only parcel located north of Florence Avenue south of the I-605 and I-5 interchange. In October 2017, Caltrans began improvements for the I-5, one of which is replacing the Florence Avenue Bridge over the I-5. The Caltrans project will result in Florence Avenue’s elevation being raised up to six feet from the existing grade. As such, the front property line along the eastern half of the property will be below the Florence Avenue street level. It is staff’s opinion that the unique circumstance justifies the Applicant’s request. Recreational vehicle parking is proposed along the eastern Agenda Page 3 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 4 portion of the project site, where Florence Avenue will be raised. Vehicles travelling along Florence Avenue will be looking down at the recreational vehicles. B. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. The Applicant is located within the Florence Avenue/I-5 Specific Plan. The other similar use that is located within this zone is the Honda dealership that is located on the southwest corner of Florence Avenue and Studebaker Road. Honda will be unaffected by this change in grade of Florence Avenue. The 30-foot setback of vehicles was established within the Specific Plan to create a visual buffer from the sidewalk to the display area of the vehicles. With the improvements of Florence Avenue, this visual buffer becomes unnecessary, since the display area will be located below the grade of Florence Avenue. C. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. The grade change in Florence Avenue is due to a Caltrans project to improve Interstate 5 and is not a result of the actions of the Applicant. D. That granting the Variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. This Variance will not confer any special privilege as other similar uses in this Specific Plan are allowed to have display areas near the front property line, so long as they are setback 30 feet. Additionally, similar uses are allowed to have fences along the front property line, therefore no special privilege is being given that would be otherwise denied by the Specific Plan. E. That the granting of such Variance will be in harmony and not adversely affect the General Plan of the City. The granting of this Variance is in harmony with and will not adversely affect the General Plan of the City in that Program 2.4.1.2 calls for coordination with I-5 Joint Power Authority to increase the capacity of the I-5 freeway with minimal impact to private properties. Although the project site will be impacted, the granting of this Variance mitigates these impacts to have minimal impacts on the otherwise normal operations of the site. F. That the reasons set forth in the application justify the granting of the Variance and that the Variance is the minimum Variance that will make possible the reasonable use of the land, building, or structure. The proposed Variance will allow the display of recreational vehicles and security of the site while not affecting the aesthetic quality of the streetscape. No other deviations are Agenda Page 4 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 5 being requested. It is staff’s opinion that these Variances are needed to continue the reasonable use of the property as a recreational vehicle dealership. Conditional Use Permit 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 the specific plan 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. This includes attracting high-intensity, revenue-producing commercial developments. The existing recreational vehicle dealership achieves this goal and the modification of the conditions of approval will continue to allow them to continue successful operations at 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 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/I-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 109,453 sq. ft. building and with approximately 178 off-street parking spaces available for customer parking and for recreational vehicles displays and storage. The modifications will not expand the business, nor will it create a detrimental impact to the area. 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 served by Florence Avenue and Studebaker Road, both of which are classified as major arterials on the City’s Master Plan of Streets and Highways. The volume of traffic that the recreational vehicles dealership generates will not burden the street. Furthermore, the modifications will not expand the business or create additional traffic. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. Agenda Page 5 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 6 CONCLUSION Based on the analysis contained within this report, staff is concluding the proposed deviations to the standards of the Specific Plan will not create a detrimental impact to the area. Staff is further concluding that all required findings for approving the Variance and Conditional Use Permit can be made in a positive manner. As such, staff recommends that the Planning Commission approve the Variance and Conditional Use Permit (PLN-17-00112), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Draft Resolution C. Resolution No. 15-2929 Agenda Page 6 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 7 MAPS Location Aerial Photograph Agenda Page 7 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 8 Zoning Subject Site Agenda Page 8 RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A VARIANCE AND A REVISION TO A CONDITIONAL USE PERMIT TO ALLOW A DEVIATION TO THE ALLOWABLE FENCE HEIGHT AND LOCATION OF VEHICLE DISPLAYS FOR AN EXISTING RECREATIONAL VEHICLE DEALERSHIP ON PROPERTY LOCATED AT 11111 FLORENCE AVENUE, ZONED FLORENCE AVE/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 July 15, 2015, the Planning Commission adopted Resolution No. 15-2929 (attached), thereby approving a Conditional Use Permit to allow the sale of recreational vehicles at the subject site. The dealership has recently completed construction and begun operations; and, B. On June 29, 2017, the applicant submitted an application for a Variance and a revision to the Conditional Use Permit. This request is to deviate from the Specific Plan restrictions on constructing a fence and displaying recreational vehicles adjacent to Florence Ave. This applicant was deemed incomplete on July 13, 2017. On March 28, 2018, the remaining information needed to complete the application was submitted to the City; and, C. The application was deemed complete on April 17, 2018; and, D. On April 20, 2018, notice of the pending public hearing was sent to all property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, E. The Planning Commission held a duly noticed public hearing on May 2 , 2018 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 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. 15301 (Class 1), Existing Facilities because the proposed use is contained within the existing building and will not result in an expansion of the building or business. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Variance, the Planning Commission further finds, determines and declares that: A. Exceptional or extraordinary conditions or circumstances exist which are 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 project site is the only parcel located north of Florence Avenue south of the I-605 and I-5 interchange. In October 2017, Caltrans began improvements for the I-5, one of which is replacing the Agenda Page 9 Resolution No. 18- Downey Planning Commission 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 2 Florence Avenue Bridge over the I-5. The Caltrans project will result in Florence Avenue’s elevation being raised up to six feet from the existing grade. As such, the front property line along the eastern half of the property will be below the Florence Avenue street level. It is staff’s opinion that the unique circumstance justifies the Applicant’s request. Recreational vehicle parking is proposed along the eastern portion of the project site, where Florence Avenue will be raised. Vehicles travelling along Florence Avenue will be looking down at the recreational vehicles. B. The literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. The Applicant is located within the Florence Avenue/I-5 Specific Plan. The other similar use that is located within this zone is the Honda dealership that is located on the southwest corner of Florence Avenue and Studebaker Road. Honda will be unaffected by this change in grade of Florence Avenue. The 30-foot setback of vehicles was established within the Specific Plan to create a visual buffer from the sidewalk to the display area of the vehicles. With the improvements of Florence Avenue, this visual buffer becomes unnecessary, since the display area will be located below the grade of Florence Avenue. C. Exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. The grade change in Florence Avenue is due to a Caltrans project to improve Interstate 5 and is not a result of the actions of the Applicant. D. Granting the Variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. This Variance will not confer any special privilege as other similar uses in this Specific Plan are allowed to have display areas near the front property line, so long as they are setback 30 feet. Additionally, similar uses are allowed to have fences along the front property line, therefore no special privilege is being given that would be otherwise denied by the Specific Plan. E. The granting of such Variance will be in harmony and not adversely affect the General Plan of the City. The granting of this Variance is in harmony with and will not adversely affect the General Plan of the City in that Program 2.4.1.2 calls for coordination with I-5 Joint Power Authority to increase the capacity of the I-5 freeway with minimal impact to private properties. Although the project site will be impacted, the granting of this Variance mitigates these impacts to have minimal impacts on the otherwise normal operations of the site. F. The reasons set forth in the application justify the granting of the Variance and that the Variance is the minimum Variance that will make possible the reasonable use of the land, building, or structure. The proposed Variance will allow the display of recreational vehicles and security of the site while not affecting the aesthetic quality of the streetscape. No other deviations are being requested. These Variances are needed to continue the reasonable use of the property as a recreational vehicle dealership. 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: Agenda Page 10 Resolution No. 18- Downey Planning Commission 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 3 A. 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 the specific plan 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. This includes attracting high-intensity, revenue-producing commercial developments. The existing recreational vehicle dealership achieves this goal and the modification of the conditions of approval will continue to allow them to continue successful operations at the site. B. 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/I-5 Specific plan is intended for this type of use. C. 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 109,453 sq. ft. building and with approximately 178 off-street parking spaces available for customer parking and for recreational vehicles displays and storage. The modifications will not expand the business, nor will it create a detrimental impact to the area. D. 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 served by Florence Avenue and Studebaker Road, both of which are classified as major arterials on the City’s Master Plan of Streets and Highways. The volume of traffic that the recreational vehicles dealership generates will not burden the street. Furthermore, the modifications will not expand the business or create additional traffic. 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 this Variance and revision Conditional Use Permit (PLN-17-00112), 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. SECTION 6. The Secretary shall certify the adoption of this Resolution. Agenda Page 11 Resolution No. 18- Downey Planning Commission 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 4 PASSED, APPROVED AND ADOPTED this 2nd day of May, 2018. Patrick Owens, 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 2nd day of May, 2018 , by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 12 Resolution No. 18- Downey Planning Commission 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 5 CONDITIONS OF APPROVAL VARIANCE AND REVISION TO A CONDITIONAL USE PERMIT (PLN-17-00112) PLANNING 1) The approval of this Variance and revision to the Conditional Use Permit (PLN-17- 00112) allows the deviation from Sections III-A(K)(2) and III-A(L)(2) of the Florence Ave/I-5 Specific Plan (SP 90-1) on property located at 11111 Florence Avenue. Specifically, this approval authorizes the construction of a wrought iron fence with block pilasters along the street frontage of Florence Avenue. Additionally, this approval allows the display of recreational vehicles within 30-feet of the front property line. 2) Unless modified herein, all conditions of approval set forth in Resolution No. 15-2929 shall remain in effect and full force. 3) Approval of this Variance and revision to the 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. 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) 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. 6) Prior to the submittal of plans for the fence into Building and Safety Plan Check or commencement of business, whichever occurs first, the applicant and the property owner shall sign an affidavit of Acceptance of Conditions, as provided by the City of Downey. 7) Condition of Approval No. 18 of Resolution No. 15-2929 is hereby deleted. 8) The fence along the front property line shall be wrought iron, with block pilasters. This fence shall not exceed a maximum height of eight (8) feet. Agenda Page 13 Resolution No. 18- Downey Planning Commission 11111 Florence Ave – PLN-17-00112 May 2, 2018 - Page 6 9) On the west side of the main driveway, which is located at the intersection of Florence Ave and Studebaker Rd, there shall be no display of recreational vehicles over the height of seven (7) feet within 30-feet of the front property line. END OF CONDITIONS Agenda Page 14 Agenda Page 15 Agenda Page 16 Agenda Page 17 Agenda Page 18 Agenda Page 19 Agenda Page 20