HomeMy WebLinkAboutPC Reso 18-3051RESOLUTION NO. 18-3051
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/1-5 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 1-605 and 1-5 interchange. In
October 2017, Caltrans began improvements for the 1-5, one of which is replacing the
Resolution No. 18-3051
Downey Planning Commission
Florence Avenue Bridge over the 1-5. 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/1-5 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 1-5
Joint Power Authority to increase the capacity of the 1-5 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:
11111 Florence Ave — PLN -17-00112
May 2, 2018 - Page 2
Resolution No. 18-3051
Downey Planning Commission
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/1-5 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.
11111 Florence Ave — PLN -17-00112
May 2, 2018 - Page 3
Resolution No. 18-3051
Downey Planning Commission
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:
Flores, Dominguez,
None
Frometa
None
Duarte and Owens
Mary CAVanagh, Secretary
City Planning Commission
11111 Florence Ave — PLN -17-00112
May 2, 2018 - Page 4
Resolution No. 18-3051
Downey Planning Commission
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/1-5 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.
11111 Florence Ave — PLN -17-00112
May 2, 2018 - Page 5
Resolution No. 18-3051
Downey Planning Commission
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
11111 Florence Ave — PLN -17-00112
May 2, 2018 - Page 6