HomeMy WebLinkAbout3b- PLN-11-00079, 11416 ORSR (Res)RESOLUTION NO. 11 -2710
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
PLN -11 -00079 (CUP), TO CHANGE THE ADDRESS ON AN EXISTING CONDITIONAL USE
PERMIT, ALLOWING A 1,500 SQ. FT. SECOND -HAND STORE WITHIN AN EXISTING MULTI -
TENANT BUILDING, FROM 11406 OLD RIVER SCHOOL ROAD TO 11416 OLD RIVER SCHOOL
ROAD ON PROPERTY 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 Mrs. Rosa Martha Velez, (hereinafter "applicant ")
requesting PLN -11 -00079 (CUP) to change the address on an existing conditional
use permit, allowing a 1,500 sq. ft. second -hand store within an existing multi- tenant
building, from 11406 Old River School Road to 11416 Old River School Road.
B. The property is zoned C -2 (General Commercial) (hereinafter "subject property ")
(Assessor Parcel No. 6248 - 003 -025 & 026);
C. On April 7, 2011, notice of the pending public hearing was published in the Downey
Patriot and on April 8, 2011 the notice was sent to all property owners within 500' of
the subject site.
D. The Planning Commission held a duly noticed public hearing on April 20, 2011 and,
after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted this resolution, approving PLN -11 -00079
(CUP).
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:
1. 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 requested conditional use permit to allow a second-
hand store will not adversely affect the purpose and intent of the General Plan or
general welfare of persons residing or working in the area because the proposed
second -hand store will be located within an existing retail center that is zoned
General Commercial and for which its General Plan designation is General
Commercial as well.
Resolution No. 11 -2710
2. That 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 proposed second -hand store does not adversely affect the adjoining land uses
since the proposed use will conform to its C -2 zone development standards, with
the approval of this Conditional Use Permit. In addition, surrounding properties are
already developed with general commercial uses.
3. 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. The size and shape of the subject property is adequate to allow
the development of a second -hand store in a manner not detrimental to the area
because said use does not call for the development of any new structures on the
site and was originally developed as a retail center to house such uses.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area. Old River School Road
serves the project site and it is classified as a Secondary Arterial Highway on the
City's Master Plan of Streets and Highways. The volume of traffic that the retail use
is estimated to generate will not burden the highway. The subject property has
been in operation since 1968 and its traffic volumes have not adversely impacted
Old River School Road. The highway contains two lanes in each direction, which
run across Firestone Boulevard. It would be able 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 -11 -00079 (CUP), 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.
PLN -11- 00079— 11416 Old River School Road
April 20, 2011 - Page 2
Resolution No. 11 -2710
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20 day of April, 2011.
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 20 day of
April, 2011, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
PLN -11- 00079— 11416 Old River School Road
April 20, 2011 - Page 3
Robert Kiefer, Chairman
City Planning Commission
Theresa Donahue, Secretary
City Planning Commission
Resolution No. 11 -2710
PLANNING
PLN -11 -00079 (CUP)
EXHIBIT A — CONDITIONS OF APPROVAL
1) The approval of PLN -11- 00079, permits the change of address on an existing conditional
use permit (CUP 09 -54), that allows a 1,500 sq. ft. second -hand store within an existing
multi- tenant building, from 11406 Old River School Road to 11416 Old River School Road.
This approval shall not be intended to approve a pawn shop, consignment store or an e-
bay/internet drop -off store at the subject site.
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) The conditions of Resolution No. 09 -2611 approving Conditional Use Permit No. 09 -54 shall
apply to this modification and remain in full effect.
POLICE
5) Prior to commencement of business, the applicant shall obtain a Police Permit for the
second -hand store as required by the Police Department.
6) A copy of the Conditional Use Permit and Police Permit shall be prominently posted on the
premises at all times. The applicant shall make available said copies upon request by any
Police Officer or other City official charged with the enforcement of the City's laws,
ordinances, or regulations.
PLN -11- 00079— 11416 Old River School Road
April 20, 2011 - Page 4