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HomeMy WebLinkAboutPC Reso 12-2757RESOLUTION NO. 12-2757 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -11-00284), THEREBY ALLOWING THE OPERATION OF A USED CAR DEALERSHIP WITH PUBLIC AUTO AUCTIONS ON PROPERTY LOCATED AT 7345 FIRESTONE BLVD, ZONED C -M (COMMERCIAL -MANUFACTURING). 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. December 13, 2011, the applicant submitted a Conditional Use Permit (PLN -11- 00284) application, requesting to operate used car dealership and public auto auction on the site; and, B. On January 13, 2012, the Conditional Use Permit application was deemed complete; and, C. On January 19, 2012, notice of the pending application was mailed to all property owners within 500' of the subject site and published in the Downey Patriot. D. The Planning Commission held duly noticed public hearings on February 1, 2012, February 15, 2012, and March 7, 2012 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings adopted this resolution on March 7, 2012, subject to conditions of approval (Exhibit A). 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). 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: The requested Conditional Use Permit will not adversely affect the purpose and intent of this chapter or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of Commercial Manufacturing, which is implemented by the C -M zone. According to the General Plan, "The Commercial Manufacturing designation is intended to provide greater flexibility for providing land uses that generate employment such as shopping centers, major offices, and light industrial." The used car dealership fits into the intent of the land use designation since it is a commercial use that can generate employment. Furthermore, it is a goal of the General Plan (9.3) to "Ensure the continued fiscal balance of the community." This goal is implemented in part by General Plan Program 9.3.1.1, which states "Encourage land uses that generate property tax and sales tax revenue.' Based on the information provided by the State Board of Equalization, the applicant is required to pay sales tax on all transactions. This requirement makes the proposed use consistent with General Plan Program 9.3.1.1 and Policy 9.3. 2. 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 subject site Resolution No. 12-2757 Downey Planning Commission is in a fully developed area of the City, with little to no vacant properties in the immediate area. Inasmuch as the proposed use will occupy a portion of the site that was previously used for vehicle sales, this use will not prevent surrounding properties from being developedlredeveloped. Notwithstanding this, several conditions of approval have been included in this resolution to prevent the use from being a burden onto others and to address potential impacts from occurring. These conditions are necessary to avoid any adverse affects on the adjoining properties. 3. 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 proposed use will be contained within an existing site, which does not require an expansion of the buildings. The used car dealership will not impact the existing uses on the site or other properties in the area. As such, the subject has sufficient shape and size to accommodate the proposed use and that this finding can be adopted. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Access to the subject site is from Firestone Blvd, a primary arterial street in the City. Based on a review of the proposal and any potential increase in traffic caused by operation of the business, it is found that the surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. Furthermore, several conditions of approval that prohibits parking on the street and limits the traffic movements -from -the -site to right turn in and out only. These conditions are necessary to -prevent disruption to traffic patterns on Firestone Blvd. 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 the Conditional Use Permit (PLN -11-03284), 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. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7thday of March 272. l.'&is Morales, Vice -Chairman City Planning Commission Conditional Use Permit (PLN -11-00284) — 7345 Firestone Blvd March 7, 2012 - Page 2 Resolution No. 12-2757 Downey 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 7th day of March, 2012, by the following vote, to wit: AYES: COMMISSIONERS: Garcia, Kiefer, Lujan, Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONER: Murray J�-Ai{ Theresa Donahue, Secretary City Planning Commission Conditional Use Permit (PLN -11-00284) — 7345 Firestone Blvd March 7, 2012 - Page 3 Resolution No. 12-2757 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -11-00284) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN -11-000284) permits the operation of used car dealership at 7345 Firestone Blvd (AIN 6231-001-014). Additionally, this resolution authorizes the operation of a public auto auction. 2) Approval of this 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. 3) 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. 4) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 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) The business shall be permitted to operate Monday through Sunday - 8:00 a.m. to 8:00 p.m. 7) All signs, including temporary signs, shall comply with the requirements set forth in the Downey Municipal Code. 8) Delivery of vehicles to be sold to the site shall only occur Monday through Friday. 9) Auctions shall only be conducted on Saturdays between hours of 10:00 a.m. and 4:00 p.m. No auction shall be conducted on the following days: January 1St, July 41", November 11th, and December 25th. 10) There shall be no sign wavers and the Owner/Applicant shall ensure compliance with Section 9614.02 subsection (s) which prohibits animals or human beings, live or simulated, to be utilized as signs. Conditional Use Permit (PLN -11-00284) — 7345 Firestone Blvd March 7, 2012 - Page 4 Resolution No. 12-2757 Downey Planning Commission 11) Auctions shall be open to the public at all times. Cars shall be sold as individuals and shall not be sold by the lot. 12) Amplified sound may only be used for the auction if the north side of the auction building is enclosed and the speakers are within the building. 13) No permittee, auctioneer or other person shall procure, employ, include or engage any person to make, utter or offer, or employ another to act as bybidder, or what is commonly known as "capper" or "booster," or make, or accept any false or misleading bid or falsely pretend to buy or sell any article sold or offered for sale, or make, utter, or offer a fictitious bid at any auction sale, or conspire with any person to make a fictitious bid at any auction sale, or himself fictitiously list, declare or utter any bid at any such auction sale. At the time of making a sale to the highest bidder on any article sold by auction, the auctioneer shall point out or otherwise designate the successful bidder so that the same shall be discernible to others present. 14) The applicant shall comply with all applicable requirements of the State of California Department of Motor Vehicles, which may include, but is not limited to, obtaining a Retail Dealers License. City staff shall continue to work with the DMV to obtain a determination if the business is excluded from said licensing requirements. 15) The applicant shall comply with all requirements of the State Board of Equalization, including obtaining a seller's permit and paying all applicable sales taxes on the vehicles sold. 16) Within six (6) months of the adoption of this resolution the applicant shall make the following site improvements: a) Provide a trash enclosure on the site. b) The landscape planter shall be extended across the entire property frontage (except for driveways). C) The existing pipe bollards within the front landscape planter shall either be replaced with decorative bollards or covered with a vinyl sleeve. 17) Within 60 days of approval of this resolution, the applicant shall remove the banner currently covering the pole sign and install plastic faces into the sign. 18) Prior to conducting auctions, the applicant shall provide written evidence, in form of a sublease, contract, or memorandum of understanding as proof that he is able to use the Downey Auto Wholesale area for customer parking on Saturdays. 19) Six (6) months after the adoption of this resolution, the Planning Commission shall conduct a review of the Conditional Use Permit in a duly noticed pubic hearing. During said review, the Planning Commission reserves the right to add or modify any conditions of approval as they deem necessary. BUILDING 20) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 21) Within 30 days of approval of this resolution, the applicant shall obtain building permits for the auctioneer stand or have it removed from the site. Should the applicant decide to Conditional Use Permit (PLN -11-00284) — 7345 Firestone Blvd March 7, 2012 - Page 5 Resolution No. 12-2757 Downey Planning Commission obtain permits for the auctioneer stand, it shall not be used until permits have been issued and all inspections complete. FIRE 22) All construction shall comply with the 2010 California Fire Code. POLICE 23) No bellman or crier, nor any drum or fife or other instrument of music, nor any signal or means of attracting the attention of the public other than a sign or flag, shall be employed or suffered or permitted to be used in connection with any auction sale, or at, or near, any place of such sale, or at or near any auction room, nor shall there be any other inducement, gift or drawing for the purpose of encouraging attendance at such sale. 24) The applicant shall provide a list that includes name(s) and copy of driver's license(s) of auctioneers prior to the start of the auction. 25) Applicant shall provide designated police personnel with an inventory list (including vehicle desc(ption, license plate and vehicle identification number) of vehicles to be auctioned. List must be provided at least 48 hours prior to auction. 26) Applicant shall provide a completed auction list, including information of the prior and new vehicle owner and final sale price, must be forwarded to designated police personnel within five business days of auction close. 27) The applicant shall provide state licensed/bonded security guards which shall maintain order on the premises, including the parking lot, as determined by the Chief of Police. The number of security personnel will be determined by mutual agreement between the Downey Police Department and the Auctioneer. Whenever there is a violation of the law, the auctioneer shall immediately notify the Downey Police Department. 28) The applicant shall provide charitable, 501(C)(3), verification on an annual basis. PUBLIC WORKS 29) The applicant shall install all new utilities associated with this project underground 30) Any construction activity within the scope of work of this project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 31) Prior to final of building permits, the applicant shall remove all construction graffiti created as part of this project from the public right of way and on the subject site. 32) Access to the site shall be limited to right turn in and out only. The applicant shall provide onsite signage and pavement markings. 33) There shall be no parking along Firestone Blvd across the property frontage at any time. H:\Community Development\Planning Commission\Resolutions\2012\12-2757.doc Conditional Use Permit (PLN -11-00284) — 7345 Firestone Blvd March 7, 2012 - Page 6