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HomeMy WebLinkAboutPC Reso 19-3086RESOLUTION NO. 19-3086 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 OLLOWS: 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 Resolution No. 19-3086 Downey Planning Commission 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. Furthermore, the presence of alcohol sales could encourage loitering, a concern raised by the Police Department. The likelihood of loitering due to alcohol sales is encouraged by the current site layout. Portions of the site, particularly around the rear building, are not only visible from the street, and are not visible to a store operator. General Plan Goal 5.4 calls for the protection of life and property from criminal activities. Program 5.4.2.6 calls for building and site design that does not create nuisance and crime attraction. Although the buildings and site design are existing, the introduction of alcohol sales could create nuisances and attract crime due to the current site layout. 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. This site was originally designed for a car wash and ancillary uses of an oil change, lube, detail service and retail building. Since the retail was to be related to car accessories, etc., the parking was not accounted for. But considering the proposed use of the sale of alcohol will attract a separate customer base, the parking shall be accounted for separately to ensure that the parking and circulation of the existing uses are not disrupted or negatively impacted. As the new use would require eight additional parking spaces, Resolution No. 19-3086 Downey Planning Commission 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.. 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 S. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 17th day of April, 2019. v6&C/ UQZ'("r�'-j Patrick Owens 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 17th day of April, 2019 by the following vote, to wit: AYES: COMMISSIONERS: Owens, Frometa and Spathopoulos NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Dominguez and Duarte ABSTAIN: COMMISSIONERS: None Mary C vanagh, Secretary City elan -ring Commission