HomeMy WebLinkAboutPLN-11-00163 - Resolution
RESOLUTION NO. 11-2725 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-11-00163 (CONDITIONAL USE PERMIT), A REQUEST TO ESTABLISH AND OPERATE A MEDICAL CARE
FACILITY WITHIN THE M-1 (LIGHT MANUFACTURING) ZONE PROPERTY AT 12113 WOODRUFF AVENUE 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 Dr. Felix L. Nunez, (hereinafter "applicant") requesting approval of PLN-11-00163 (Conditional
Use Permit) to permit the operation of a medical care facility within the M-1 (Light Manufacturing) zone on property at 12113 Woodruff Avenue (hereinafter “subject property”) (AIN 6283-013-028);
B. On August 5, 2011, notice of the public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot; C. The Planning
Commission held a duly noticed public hearing on August 17, 2011 and, after after fully considering all oral and written testimony and facts and opinions offered at aforesaid public
hearings, adopted Resolution No. 11-2725, 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: A. 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 is located within the M-1 zone (Light Manufacturing) and
has a General Plan Land Use Designation of “Neighborhood Commercial”. It is the intent and purpose of the Land Use Designation to provide development of general professional and medical
offices, and similar uses within the community. Allowing the medical care facility at the subject site would be consistent with the surrounding commercial uses at the subject center.
Activities at the proposed medical care facility, with the conditions of approval, will not impact the welfare of the nearby uses. B. 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 requested use will not affect neighboring land uses due to the nature of
the use and the manner in which the development housing the medical business is oriented and designed. Specifically, the main entrance to the building is oriented toward the driveway
and other commercial buildings on the same lot. Also, a church borders the west and south sides of the subject site. Accordingly, any
Resolution No. 11-2725 Downey Planning Commission Conditional Use Permit – 12113 Woodruff Ave August 17, 2011 -Page 2 potential adverse impacts will be mitigated through the conditions
of approval (see Exhibit A – Conditions). C. That the size and shape of the subject property 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 accommodate the requested use. The proposed use will be contained within an existing
tenant space and does not require any expansion to the physical size of the building. The space measures 960 square feet with a building frontage of 32 feet and a depth of 30 feet. D.
That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Woodruff Avenue serves the project site. It is classified as
a “Primary Arterial” street on the City’s Master Plan of Streets and Highways. Primary streets are intended to provide access through parts of the City to major arterials (i.e. Lakewood
Boulevard and Firestone Boulevard). Woodruff Avenue contains two lanes in each direction. It is staff’s opinion that Woodruff Avenue would be able to absorb any additional traffic the
requested use may create. The traffic generated by the proposed use will not impose an undue burden upon the streets in the area due to the minimal size of the business. 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-11-00163 (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. The Secretary shall certify the adoption
of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of August 2011. Robert Kiefer, Chairman 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 17thday of August 2011, by the following vote, to wit: AYES: COMMISSIONERS:
NOES: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission
Resolution No. 11-2725 Downey Planning Commission Conditional Use Permit – 12113 Woodruff Ave August 17, 2011 -Page 3 PLN-11-00163 (CONDITIONAL USE PERMIT) EXHIBIT A -CONDITIONS PLANNING
1) The Planning Commission grants this approval of PLN-11-00163 (Conditional Use Permit) for the operation of a medical care facility within the M-1 (Light Manufacturing) zone on property
at 12113 Woodruff Avenue, as shown on the approved site plan. 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 of the Downey Planning Commission. 2) Pharmaceutical cocaine and narcotic drugs are prohibited and shall not to be kept
at the subject site at any time. 3) Approval of PLN-11-00163 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 the City of Downey Municipal Code shall apply. 4) The 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) PLN-11-00163 shall become null and void one year after the adoption of this resolution, unless the construction or occupancy authorized by such Conditional
Use Permit have been commenced within one year after the granting of such approval and pursued diligently to completion. 6) All conditions of approval of PLN-11-00163 shall be complied
with before this Conditional Use Permit become valid. BUILDING 7) Prior to the commencement of interior improvements, the applicant shall obtain all required permits. Additionally, the
applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. 8) Plans to be submitted through Building and Safety and shall comply with
2010 California Fire Code, 2010 California Building Code, and any other pertinent requirements to be determined at time of plan submission and review. PUBLIC WORKS/ENGINEERING 9) If
applicable, the owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction
shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey’s Standard Plans and Specifications. H:\Community
Development\Nguyen\CASES\CUP\2011\12113 Woodruff (medical in M-1)\11-00163 reso.doc