HomeMy WebLinkAboutPC Reso 10-2684RESOLUTION NO. 10- 2684
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -10-8116 REGARDING A REQUEST TO OPERATE A USED
CAR DEALERSHIP (CONDITIONAL USE PERMIT) AT 7255 FIRESTONE
BOULEVARD, ON PROPERTY ZONED C -M (COMMERCIAL MANUFACTURING
ZONE
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 September 30, 2010, Ubaldo Polo (hereinafter "Applicant") filed a Planning
Application to request approval of a conditional use permit (PLN Case No. 10-
08116) to establish a used car dealership at 7255 Firestone Boulevard Hall Road
(hereinafter "subject property").
B. The subject property is zoned C -M (Commercial Manufacturing).
C. The General Plan designation of the subject property is CM (Commercial
Manufacturing.
D. On October 22, 2010, notice of the pending public hearing was sent to all
property owners within 500' of the subject site and the notice was published in the
Downey Patriot on October 21, 2010.
E. The Planning Commission held a duly noticed public hearing on November 3,
2010, and, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, adopted Resolution No. 10-2684,
approving PLN 10-08116.
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
comply with the California Environmental Quality Act (CEQA) and is categorically exempt from
CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, pursuant with Section 9824 of the Downey Municipal Code, the Planning
Commission further finds, determines and declares that:
A. The requested conditional use permit for a used car dealership will not adversely
affect the purpose and intent of the Downey Municipal Code. Goal 9.1 of the
Downey General Plan, Vision 2025 is to "Attract and retain businesses." The
proposed use would keep a long-standing and viable business on the Firestone
Boulevard. The subject property is within the C -M (Commercial Manufacturing
zone and the proposed use is appropriate for that zone.
B. The subject site has existed as a car dealership for many years. The request to
approve used car sales on this property will not affect the adjoining land uses or
growth or development in the area. The Applicant is not proposing to increase the
size of the building nor has he proposed significant changes to how the property
Resolution No. 10-2684
Downey Planning Commission
is used currently. The proposed use is appropriate for the C -m (Commercial
Manufacturing) zone
C. The size and shape of the site are adequate to allow the project in a manner not
detrimental to the particular area because the proposed use (used car sales) is a
continuation of the type of use that has operated at this site for several years. The
size and shape of the site far exceed the minimum size requirements for used car
dealerships and the site meets the development standards contained in Section
9404.06 of the Downey Municipal Code for used car dealerships.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. Firestone Boulevard is a major arterial
street, as is Old River School Road that is nearby. Firestone Boulevard provides
immediate access to the Interstate 710 Long Beach Freeway and the Interstate
605 San Gabriel River Freeway and serves a through route for traffic passing
east and west through the City. Firestone Boulevard has sufficient capacity to
absorb any additional traffic the requested use may create.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN -10-08116
(Conditional Use Permit), 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 5. This Conditional Use Permit shall become null and void unless use has
commenced within one year of this approval and pursued diligently to completion or a one-year
extension of time granted by the Downey Planning Commission, pursuant to Section 9824 of the
Downey Municipal Code.
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day f Nov r L110
Louis Morale Chairman
City Planni 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
November 2010, by the following vote, to wit:
AYES: Commissioners: Lambros, Kiefer, Morales
NOES: Commissioner: None
ABSENT: Commissioners: Murray, Vasquez
Theresa Donahue, Secretary
City Planning Commission
Resolution No. 10-2684
Downey Planning Commission
PLN -10-08116 (CONDITIONAL USE PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of PLN -10-08102 (Conditional Use Permit) permits to establish a used car
dealership at 7255 Firestone Boulevard Hall Road, as shown on the approved site plan.
Any deviations or exceptions from said site plan, other than those authorized by this
resolution or those that do not impact other conditions, shall not be permitted without the
approval by the Downey Planning Commission.
2) 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.
3) Approval of this PLN -10-08116 (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 Downey Planning Commission shall retain jurisdiction to amend or add conditions
with public notice to assure compatibility with the purpose and intent of the
Comprehensive Zoning Ordinance and to protect the public health, safety and general
welfare.
5) The Applicant shall comply with all conditions of PLN -10-08116 (Conditional Use Permit)
before this Conditional Use Permit becomes valid.
6) The Applicant shall obtain all required approvals and permits for tenant improvements
performed at the subject location.
7) No repair, parts installation, or other types of service on automobiles shall be permitted
except within the enclosed automobile bays within the main building.
8) No public address system or other exterior amplified sound systems shall be permitted.
9) The approval of PLN -10-08102 (Conditional Use Permit) does not authorize live auctions
or sealed bidding for the sale of goods and merchandise to commercial, industrial,
institutional, other business users, wholesalers, subordinate services, or to any other
than a standard customer of the subject use.
H:\PLANNING\DAVIS\cases\cup\PLN-10-08116 (7255 Firestone)\RESO.10-2684.doc