HomeMy WebLinkAboutResolution No. 11-7263 - Adopt MOU DCEA - Miscellaneous Unit (Nov. 1, 2010 - March 31, 2012)RESOLUTION NO. 11-7264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF PLN CASE NO. 10-08161 - A REQUEST TO MODIFY
THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT
NO. 08-62, THEREBY INCREASING THE NUMBER OF
PARTICIPANTS AT AN ADULT DAY CARE FACILITY FROM 127 TO
200, ON PROPERTY AT 12130 PARAMOUNT, ZONED C2 (GENERAL
COMMERCIAL).
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION I.
declare that:
The City Council of the City of Downey does hereby find, determine and
A Castulo de la Rocha, (hereinafter "Applicant"), President and CEO for AltaMed Health
Services Corporation, filed an application requesting approval of PLN-10-08161 to modify
Condition 1 of Conditional Use Permit No. 08-62 62 to increase the number of employees
and clients allowed at the AltaMed Adult Day Care facility from 127 to 200; and,
B The subject property is located at 12130 Paramount Boulevard, it is zoned (,-2 (General
Commercial) and its General Plan designation is O (Office); and1
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C The Planning Commission opened a duly noticed public hearing on March 2, 201 1, and
after fully considering all oral and written testimony, facts, and opinions offered at the
aforesaid public hearing, continued the public hearing to April 6, 2011; and,
D On April 6, 2011, the Planning Commission re-opened the continued public hearing and,
after fully considering all oral and written testimony, facts, and opinions offered at the
aforesaid public hearing, adopted Resolution No. 11-2700, approving PLN-10-08161
(Modification to Conditional Use Permit No. 08-62; and,
E.In a letter dated April 19, 2011, Mr. Bob Davilla filed a timely appeal of the Planning
Commission's approval and is requesting that the City Council overturn the Planning
Commission’s action; and,
D The City Council opened a duly noticed public hearing on May 24, 201 1, and after fully
considering all oral and written testimony, facts, and opinions offered at the aforesaid
public hearing denied the appeal, thereby upholding the Planning Commission’s action
SECTION 2. The City Council 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 City Council further finds, determines and declares that:
A The intent and purpose of the Downey Municipal Code are to provide a comprehensive
Zoning Ordinance to regulate the use of buildings and land in the City. The regulations
are necessary to encourage the most appropriate use of land and to protect the public
health, safety and welfare, in accordance with the City’s General Plan. The General Plan
RESOLUTION NO. 11-7264
PAGE TWO
serves as a guide to the long term physical development and growth of the City. It
establishes policies for determining where certain land uses are most desirable.
The subject property is zoned C-2 (General Commercial) and its General Plan
designation is O (Office). The General Commercial zone permits the establishment of an
adult day care facility with the approval of a conditional use permit and the Planning
Commission approved Conditional Use Permit No. 08-62 for this use on May 21, 2008
The requested modifications to Conditional Use Permit No. 08-62 to increase the
number of employees and clients allowed at the facility from 127 to 200 will not
adversely affect the purpose and intent of the Downey Municipal Code because the
project site contains 47 parking spaces, which can accommodate the greater number of
participants proposed.
B.The C-2 (General Commercial) zone permits adult day care centers, subject to the
approval of a conditional use permit. The Downey Planning Commission approved
Conditional Use Permit No. 08-62 on May 21, 2008 and the AltaMed adult day care
center has operated on the subject property since 2008. The proposed revision to
Conditional Use Permit 94-40 would increase of the number of participants allowed at
the facility (employees and clients combined) from 127 to 200; however, the proposed
changes will not adversely affect the adjoining land uses because the subject property
has enough off-street parking spaces available to accommodate the increase, AltaMed
provides a van service to transport the majority of clients to the site, and the vans will be
stored along the south property line of the subject site and away from residence that
exists along the easterly side of the property. The adult day care facility will continue to
abide by the conditions of approval established for Conditional Use Permit No, 08-62
The use is consistent with the Office designation of the Downey General Plan, which
provides for child day care centers.
C.The size and shape of the site is adequate to allow the project in a manner not
detrimental to the particular area because the site is fully developed. It contains
approximately 34,875 square feet of land area, with a 17,933 square foot building and 47
parking spaces. The requested revision to Conditional Use Permit No. 08-62 proposes
to increase of the number of participants allowed at the facility (employees and clients
combined) from 127 to 200. The Applicant also proposes to modify the building’s interior
spaces to increase participant capacity and to provide administrative space for the
additional employees.
D The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. Vision 2025, the Downey General Plan, identifies
Paramount Boulevard as a major arterial. Major arterials provide access to the freeway
system and serve as through routes for traffic crossing the City when freeways are not
available. They are designed to accommodate traffic generated by commercial uses
The General Plan designates Albia Street as a local street. Local streets are designed to
provide access to properties that front upon the street and for access to the adjacent
neighborhood. They are not intended to be used as through routes from one
neighborhood to another, and so are typically designed with narrow widths intended to
slow traffic speeds. Albia is also a cul-de sac street that provides access to fifteen (15)
single-family residences. The adult care facility has adequate on-site parking to
accommodate the greater number of participants at the facility and AltaMed provides a
van service to transport the majority of clients to the site. Therefore, Paramount
RESOLUTION NO. 11-7264
PAGE THREE
Boulevard and Albia Street would be able to absorb any additional traffic the requested
revision to Conditional Use Permit 94-40 may create.
E The environmental impact of the proposed development has been reviewed and has
been found to comply with the California Environmental Quality Act (C.E.Q. A.) and is
categorically exempt, Class 1 (Existing Facilities).
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the City Council of the City of Downey hereby denies the appeal, thereby upholding
the Planning Commission’s approval of PLN-10-08161 (Modification to Conditional Use Permit
No. 08-62).
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 24th day of May 2011.
ATTEST:
F V-\
JQ F[mneirrT Cme
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 24th day of May 201 1, by the following
vote, to wit:
AYES: Council Members: Brossmer, Gafin, Guerra, Vasquez, Mayor Marquez
NOES: Council Member: None
ABSENT: Council Member: None
ABSTAIN: Council Member: None
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