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HomeMy WebLinkAbout1. PLN-18-00170 7624 Firestone Bl7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 1 STAFF REPORT PLANNING DIVISION DATE: APRIL 3, 2019 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER PREPARED BY: MADALYN WELCH, ASSISTANT PLANNER SUBJECT: PLN-18-00170 (CONDITIONAL USE PERMIT) A REQUEST TO ALLOW AN EXISTING CAR WASH (UNIQUE AUTO SPA) TO CONDUCT THE SALE OF ALCOHOL WITH A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATION: 7624 FIRESTONE BOULEVARD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY Eitan Sharaf (herein after “the Applicant) is requesting a Conditional Use Permit to allow an existing car wash to operate with a State of California, Department of Alcoholic Beverage Control (ABC) Type 21 (Off-Sale General) license at “Unique Auto Spa,” located at 7624 Firestone Boulevard. Pursuant to Downey Municipal Code Section 9314.04, off-sale alcohol establishments are permitted with the approval of a Conditional Use Permit in the C-2 zone. Based on the analysis contained in this report, staff is recommending that the Planning Commission deny the project by adopting the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING PLN-18-00170 (CONDITIONAL USE PERMIT), A REQUEST TO CONDUCT THE OFF- SALE OF ALCOHOL WITH A TYPE 21 (OFF SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE IN CONJUNCTION WITH THE EXISTING CAR WASH FACILITY (UNIQUE AUTO SPA), LOCATED AT 7624 FIRESTONE BOULEVARD, AND ZONED C-2 (GENERAL COMMERCIAL). BACKGROUND The subject property is 43,204 square feet in area and located on the south side of Firestone Boulevard and to the west of Rives Avenue. The property is zoned C-2 (General Commercial) and has a General Plan Land Use Designation of General Commercial. In 2006, the Planning Commission approved Conditional Use Permit (CUP) 06-173, allowing the subject site to be developed with a car wash facility PC Agenda Page 1 7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 2 including other automotive related uses (automobile detailing, oil and lubrication and smog check). On February 13, 2008, the Design Review Board approved design modifications to the approved project including a canopy along the west property line with the incorporation of 18 self-service vacuums for the 17 parking stalls along the west property line. The property is developed with two buildings. The building located at the front of the site is two-stories and includes the car wash tunnel, first floor retail and second floor office areas, approved as integral functions of the car washing facility. The retail area functioned as essential or necessary part of the car wash operation where restrooms are provided for customers, and where incidental sale of auto related items including air-fresheners, vehicle cleaning detergents, towels and sundries are available for customers to purchase. The retail area also functioned as the waiting area for customers and contained the cashier. The retail area is currently vacant. The second building, which is located to the rear of the property, offers ancillary services such as detailing, smog check, and oil changes. The surrounding properties include a commercial shopping center, also known as the Firestone Center, to the north, an Albertsons to the east, a Hyundai dealer to the west and single family residential to the south. Running parallel with Firestone, between the subject site and the single family residential neighborhood, is the Union Pacific Railroad Line. Figure 1 below shows the subject property as viewed from Firestone Boulevard. Figure 1: Firestone Boulevard Street View On November 6, 2018, the Applicant submitted an application to obtain a Conditional Use Permit to allow for the off-sale of beer, wine and distilled spirits in conjunction with the operations of the car wash and the other ancillary uses. Staff completed the review of the submitted materials on November 15, 2018 and deemed the application incomplete. On January 25, 2019, the application was re-submitted. Staff completed the review of the submitted materials on February 20, 2019 and deemed the application complete. On March 21, 2019, staff mailed the notice of the pending public hearing to all property owners within 500 feet of the subject site and the notices were also published in the Downey Patriot. PC Agenda Page 2 7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 3 DISCUSSION Unique Auto Spa offers express drive-through car wash, detail, smog check and oil change services and has been in business since 2008. The site is currently developed with 33 parking spaces (including 3 ADA spaces), comprising of 17 parking spaces that also function as self-service vacuum stalls. Customers pay to enter the car wash at two payment kiosks. Introduction of New Use Most car wash facilities contain a small office area for the operation of the facility and a retail area selling incidental items that are customarily sold at car wash facilities including incidental cleaning products for automobiles, soft drinks and sundries. The retail (1,965 sq. ft.) and office area of the original development was recognized to be an integral function of the car wash facility and not a separate or independent retail use. Parking was not required for the retail/office area. Section 9314.04 (Commercial Zones Use Regulations) of the Land Use Code contains a list of uses in Table 9.3.5, for the all the commercial zones indicating if a use is permitted without a Conditional Use Permit or permitted with the granting of a Conditional Use Permit. Carwash (full service, self-service and coin operated) use is conditionally permitted under the broader category of Automobile and Other Vehicle Sales, Services and Equipment. Liquor stores and other off-sale alcohol establishments are uses that are also conditionally permitted under the broader category of Eating and Drinking Establishments. Code Section 9314.04 also states that if a use is not specifically listed on the Table, then said use shall be deemed as Not Permitted. Staff has determined that the requested use is subject to a Conditional Use Permit because “alcohol establishments” are specifically listed in Table 9.3.5. The applicant will also be seeking a Type 21 ABC license in order to be allowed the sale of alcohol. According to ABC, a Type 21 license is classified by the following: “Off Sale General – (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises.” With the introduction of alcohol sales at the subject site, (within the existing retail area), the retail area can no longer be considered an integral function of a car washing operation. As stated earlier, retail activity in car wash facilities are considered an integral function of the car wash facility when they provide for the incidental sale of items associated with vehicles, such as air-fresheners, accessory gadgets (cup holders, visors, mirrors, steering wheel covers), cleaning detergents, etc. Based on the applicant’s request and as shown on the plans (Exhibit C), the alcohol sales will be a significant product for sale and such products are not incidental and integral to car wash facilities. The sale of alcohol is also subject to a Conditional Use Permit, which requires analysis in terms of compatibility, on-site vehicle circulation and parking. Staff surveyed all car wash locations throughout the city and analyzed the following: the primary use on site, the hours of operation, the ancillary uses on site, if there is a retail shop and if the site had an alcohol license, as shown in the table below. Staff found that the primary uses were either a full service car wash, which is done by an attendant by hand, an automatic car wash, which is a tunnel system with high-power equipment, or self-service. The analysis showed that the ancillary uses were oil change, smog check, detailing, or tire shops. Through our study, staff found that there are no car washes in Downey that offer the sale of alcohol. PC Agenda Page 3 7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 4 Parking The existing site is developed with 33 parking spaces (including the 17 self-serve vacuum stalls). As stated earlier, retail and office areas were recognized as integral functions of the car washing facility. However, with the introduction of alcohol sales, which will become a key sales component of the retail space, the retail space would now be computed for parking separately. Retail uses require one parking space per 250 square feet of floor area. This means the 1,965 square foot retail space is required to provide 8 parking spaces. The site would need to provide 41 spaces (33 spaces for the current operation and 8 additional spaces for the retail space with the alcohol sales). Not including the 17 self-serve vacuum stalls, or the area designated for 12 tandem parking spaces, the site contains only five parking spaces that are not functioning as drying or vacuuming areas. The 12 tandem parking spaces are used for drying vehicles and also as a driveway to access the vacuum areas from the car wash tunnel exit. On-Site Circulation The on-site circulation was designed based on amount of trips that would be generated by the car wash along with the auto service related uses. Establishing the alcohol sales in the retail space could generate additional vehicle trips not previously anticipated and analyzed. Customers exiting out of the wash tunnel may desire to park and patronize the retail use and will use the 12 tandem parking area to access the five aforementioned parking spaces. The nature of the tandem spaces impacts the on-site circulation with the anticipated trips generated with the sale of alcohol combined with the use of those spaces for drying and for access to the vacuuming stalls. Name of Business Address Primary Use Ancillary Use(s) Retail/Waiting Area Alcohol License Hours of Operation Downey Hand Car Wash & Detail Center 9534 Firestone Full Service Oil Change, Tire Shop Yes No 8:00-5:00 Papa John Car Wash 11024 Paramount Full Service No Yes No 8:00-6:00 Galaxy Auto Detail/Junior's Auto Detail 11400 Paramount Full Service No Yes No 8:00-6:00 Firestone Hand Car Wash 7421 Firestone Full Service Oil Change Yes No 8:00-6:00 Unique Auto Spa Oil & Lube 7624 Firestone Automatic Detail, Oil Change, Smog Check Yes No 7:00-7:00 Carwash 12161 Downey Self-Serve No No No 24/7 Crystal Cave 8845 Imperial Automatic No Yes No 8:00-6:00 Everett’s Auto Detail 11519 Bellflower Full Service No No No 8:00-5:00 PC Agenda Page 4 7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 5 Hours of Operation The current hours of operation are 7:00 a.m. to 7:00 p.m., daily. The Applicant is requesting to expand the hours of operation to open from 7:00 am to 12:00 am. Downey Municipal Code Section 9406.10, limits the hours of operation of self-service, coin-operated car washes and full-service car washes from 7:00 a.m. and 10:00 p.m. During the review of all car washes within the city, staff found that hours of operation for all types of car washes were during normal business hours. We found that one location was operating twenty-four hours per day due to that use being a legal nonconformity. In addition, the locations with ancillary uses also held hours of operation during normal business hours. Furthermore, with the proposed hours of operation expanding to midnight, staff feels that the sale of alcohol makes the use more akin to a liquor store, as late night hours are unusual for car wash, detail, or oil change uses. DEVELOPMENT REVIEW COMMITTEE On November 15, 2018, this project was reviewed by the Development Review Committee (DRC). The Police Department raised concerns with the proposed use changing from its primary use of a car wash to a liquor store with the proposed hours of operation until midnight. The Police Department had the following concerns: • Overconcentration of proposed use in surrounding area; o Liquor store across the street; o Bar across the street; o Albertsons next door; • Transients & employees congregating after hours; • Other car washes being allowed alcohol can raise same concerns; and, • The use cannot be seen as convenience to patrons to the site as there are other adjacent retail establishments offering the sale of alcohol. 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 CEQA Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are applied to a list of projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of CEQA. Class 1 consists of projects that involve no or negligible expansion of the existing use. The proposed ABC Type 21 license for the sale of off-site consumption beer, wine and spirits will not physically expand the existing use at this site. Furthermore, pursuant to CEQA Guideline Section No. 15270, CEQA does not apply to projects which a public agency rejects or disapproves. PC Agenda Page 5 7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 6 FINDINGS The purpose of the Conditional Use Permit is to review the location, site development, and/or conduct of certain land uses. These uses generally have a unique and distinct impact on the area in which they are located or are capable of creating special problems for adjacent properties unless given special review and special conditions. Conditional Use Permits may be granted at the discretion of the Planning Commission if the Planning Commission can support all four required findings in the affirmative. Conversely, if one or more of the findings cannot be supported, than the Planning Commission must deny the Conditional Use Permit. 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 requested Conditional Use Permit affects the intent of this article because the introduction of the alcohol sales as a new use to the existing site will require the site to provide eight additional parking spaces in accordance with the Land Use Code. As 17 of the on-site parking spaces are actually self-serving vacuum stalls, these spaces will not be available to the additional number of customers to the site. Additionally, the 12 parking spaces between the retail building and the sidewalk/landscape area cannot function as typical parking spaces because the area is used for drying vehicles and as an access way to the vacuuming stalls from the car wash tunnel. Therefore, the project is contrary to General Plan Goal 2.5 to minimize the impacts from the lack of parking. Policy 2.5.1 calls for providing adequate parking supply to meet parking demands, and as proposed, the project would not provide adequate parking to meet the need of the existing uses on site with the new retail use with alcohol sales. Furthermore, the existing on-site vehicular circulation was not designed for a retail use independent of the car wash and related automobile service uses. With the introduction of alcohol sales, the existing retail area can no longer be considered an integral function of the car washing facility. The expanded retail activity with the sale of alcohol would now be incompatible with the car washing facility and generate parking demand separate from the car washing and related automobile service uses. The proposed use is also contrary to General Plan Policy 1.1.1., which calls for maintaining a balance of land uses by discouraging the over-concentration of a particular land use. Alcohol sales are offered at a liquor store located across Firestone Boulevard and at Albertsons grocery store which is adjacent to the east of the subject site. An intent and purpose of the Land Use Code is to regulate and restrict the locations and use of buildings, including parking, in order to encourage the most appropriate use of land. In addition, expanding the hours of operation of this proposed use along with the car wash operation to midnight will be contrary to Section 9406.10 of the City’s Zoning Code, which limits the operating hours for car washes between 7:00 a.m. and 10:00 p.m. in part due to noise impacts. This proposed use would not complement the existing uses on site and could potentially affect the general welfare of the neighborhood thereof. 2. 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. PC Agenda Page 6 7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 7 The site currently operates primarily as an express car wash with ancillary uses of detailing, oil change, and smog check services. As stated in Finding No. 1 above, the introduction of alcohol sales in the existing vacant retail area makes the retail use a non-integral function of the car wash. The retail use would now become independent of the car wash function requiring the site to provide additional parking for the retail use. The site has 33 parking spaces but 17 of these spaces are self-service vacuum stalls and 12 spaces are used for drying vehicles and for access to the vacuum stalls after vehicles exit the car wash. Furthermore, the 12 spaces are in tandem which does not lend itself to normal parking use. As the new use would require eight additional parking spaces, the size and shape of the site is not adequate to accommodate the additional parking with safe and efficient circulation system for all of the uses on the site. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis provided in the staff report and in the findings above, Staff concludes that the proposed Conditional Use Permit is contrary to the intent and purpose of the Land Use Code. Furthermore, the analysis demonstrates that the project cannot meet all of the required findings in order to grant the Conditional Use Permit. EXHIBITS A. Maps B. Draft Resolution C. Project Plans PC Agenda Page 7 7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 8 EXHIBIT ‘A’ Vicinity Map PC Agenda Page 8 7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 9 Zoning Map Subject Site PC Agenda Page 9 7624 Firestone Blvd – PLN-18-00170 April 3, 2019 – Page 10 Aerial Map Subject Site PC Agenda Page 10 RESOLUTION NO. 19-_____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING PLN-18-00170 (CONDITIONAL USE PERMIT) A REQUEST TO CONDUCT THE OFF- SALE OF ALCOHOL WTH A TYPE 21 (OFF SALE GENERAL) ALCOHOL BEVERAGE CONTROL LICENSE IN CONJUNCTION WITH THE EXISTING CAR WASH (UNIQUE AUTO SPA), LOCATED AT 7624 FIRESTONE BOULEVARD, 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. An application was filed by Eitan Sharaf (hereinafter referred to as “the Applicant”) on November 6, 2018, requesting approval of a Conditional Use Permit (PLN-18-00170) to conduct the off-sale of alcohol with a Type 21 (Off Sale General) ABC license at an existing car wash and auto repair services, located at 7624 Firestone Boulevard, and zoned C-2 (General Commercial); and, B. Staff deemed the application incomplete on November 15, 2018; and, C. On January 25, 2019, the Applicant resubmitted the application, and Staff deemed the application complete on February 20, 2019; and, E. On March 21, 2019, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and, F. The Planning Commission held a duly noticed public hearing on April 3, 2019 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 pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. 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. The requested Conditional Use Permit affects the intent of this article because the introduction of the alcohol sales as a new use to the existing site will require the site to provide eight additional parking spaces in accordance with the Land Use Code. As 17 of the on-site parking spaces are actually self-serving vacuum stalls, these spaces will not be available to the additional number of customers to the site. Additionally, the 12 parking spaces between the retail building and the sidewalk/landscape area cannot function as typical parking spaces because the area is used for drying vehicles and as an access way to the vacuuming stalls from the car wash tunnel. Therefore, the project is contrary to General Plan Goal 2.5 to minimize the impacts from the lack of parking. Policy 2.5.1 calls for providing for PC Agenda Page 11 Resolution No. 19-_______ Downey Planning Commission adequate parking supply to meet parking demands. The project would not provide adequate parking to meet the need of the existing uses on site with the new retail use with alcohol sales. Furthermore, the existing on-site vehicular circulation was not designed for a retail use independent of the car wash and related automobile service uses. With the introduction of alcohol sales, the existing retail area can no longer be considered an integral function of the car washing facility. The expanded retail activity with the sale of alcohol would now be incompatible with the car washing facility and generate parking separate from the car washing and related automobile service uses. The proposed use is also contrary to General Plan Policy 1.1.1., which calls for maintaining a balance of land uses by discouraging the over-concentration of a particular land use. Alcohol sales are offered at a liquor store located across Firestone Boulevard and at Albertsons grocery store which is adjacent to the east of the subject site. An intent and purpose of the Land Use Code is to regulate and restrict the locations and use of buildings, including parking, in order to encourage the most appropriate use of land. In addition, expanding the hours of operation of this proposed use along with the car wash operation to midnight will be contrary to Section 9406.10 of the City’s Zoning Code, which limits the operating hours for car washes between 7:00 a.m. and 10:00 p.m. in part due to noise impacts. This proposed use would not complement the existing uses on site and could potentially affect the general welfare of the neighborhood thereof. B. The site currently operates primarily as an express car wash with ancillary uses of detailing, oil change, and smog check services. As stated in Finding No. 1 above, the introduction of alcohol sales in the existing vacant retail area makes the retail use a non-integral function of the car wash. The retail use would now become independent of the car wash function requiring the site to provide additional parking for the retail use. The site has 33 parking spaces but 17 of these spaces are self- service vacuum stalls and 12 spaces are used for drying vehicles and for access to the vacuum stalls after vehicles exit the car wash. Furthermore, the 12 spaces are in tandem which does not lend itself to normal parking use. As the new use would require eight additional parking spaces, the size and shape of the site is not adequate to accommodate the additional parking with safe and efficient circulation system for all of the uses on the site. PC Agenda Page 12 Resolution No. 19-_______ Downey Planning Commission SECTION 4. Based upon the findings set forth in Section 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby denies this Conditional Use Permit (PLN-18-00170). SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 3rd day of April, 2019. Steven Dominguez, 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 April, 2019 by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 13 PC Agenda Page 14