HomeMy WebLinkAbout1b. PLN-11-00181 ResolutionRESOLUTION NO. 11- 2726
PLN CASE NO. 11 -00181 - A REQUEST FOR APPROVAL OF A CONDITIONAL
USE PERMIT TO ALLOW THE DOWNEY MEMORIAL CHRISTIAN CHURCH
PROPERTY AT 8441 FLORENCE AVENUE AND ZONED C -P (PROFESSIONAL
OFFICE), AS A SUBSTITUTE LOCATION FOR THREE (3) OFF - STREET
PARKING SPACES REQUIRED FOR A PROPOSED DENTAL OFFICE USE AT
8350 FLORENCE AVENUE, TO COMPLY WITH SECTION 9712 OF THE
DOWNEY MUNICIPAL CODE.
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 July 18, 2011, Mr. Ali Dibaei submitted a Land Use Permit on behalf of Mr.
Pedro Hiram Rodriguez, seeking approval of a conditional use permit to obtain
three (3) parking spaces from another property, the Downey Memorial Christan
Church at 8441 Florence Avenue.
B. The subject properties are zoned C -P (Professional Offices).
C. The General Plan designation of the subject property is 0 (Offices).
D. On August 26, 2011, 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 August 25, 2011.
E. The Planning Commission held a duly noticed public hearing on September 7,
2011, and, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, adopted Resolution No. 11-
2726, approving PLN 11- 00181.
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 the metal fabrication use will not
adversely affect the purpose and intent of the Downey Municipal Code. The
subject property is within the M -2 (General Manufacturing) zone, and it is
adjacent to R -1 (Single Family Residential) and R -3 (Medium Density
Residential) zoned properties. However, the proposed use is appropriate for the
M -2 zone and the noise generated by the use does not exceed 70 dBA, which is
the acceptable noise level for residential uses as described in Figure 6 -1.2
(Noise /Land Use Compatibility Matrix) of the Downey General Plan, Vision 2025.
Resolution No. 11 -2701
Downey Planning Commission
B. The subject site was developed as a as a 50 -unit, 192,000 sq. ft. industrial
condominium building. The requested conditional use permit for a metal
fabrication use at this site will not adversely affect the adjoining land uses
because sound generated by the operation will be contained within the building
and it will be approximately 70 dBA, which is the noise limit for residential zones.
The proposed use will occupy a tenant space that is oriented toward the M -2
(General Manufacturing) zoned property to the east. The equipment associated
with the use is quiet.
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 would occupy one
unit of a 50 -unit, 192,000 square foot industrial condominium building on the
subject property. Off - street parking and landscaping on -site meet the City's
standards for properties in the M -2 zone..
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. Hall Road is a collector Street, located
between a Primary Arterial street (Woodruff Avenue) and a Secondary Arterial
street (Bellflower Boulevard). All three streets have 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 -11 -00019
(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 2nd day of March 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 2nd day of
March 2011, by the following vote, to wit:
AYES: COMMISSIONERS: Garcia, Morales, Murray, Lujan, Kiefer
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Resolution No. 11 -2701
Downey Planning Commission
Theresa Donahue, Secretary
City Planning Commission
PLN -11 -00019 (CONDITIONAL USE PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of PLN -11 -00019 (Conditional Use Permit) to establish a metal fabrication
business to manufacture engine parts for automobiles in the racing industry, by utilizing
state -of- the -art CNC milling and lathing machines, at 9246 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 -11 -00019 (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 -08102 (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) The sound levels created by the operation of equipment associated with the proposed
use shall remain within the noise standards established by the Downey Municipal Code
for industrial uses.
8) The applicant shall not store equipment or materials outside the building.
9) The operation of the proposed metal fabrication operation shall be conducted in
accordance with Section 9516 (Environmental Performance Standards) of the Downey
Municipal Code.
PUBLIC WORKS /ENGINEERING
10) The owner /applicant shall obtain all necessary plan approvals and permits.
11) If applicable, the owner /applicant shall be required to complete a construction &
demolition (C &D) waste management plan per Article V, Chapter 8 of the Downey
Municipal Code.
Resolution No. 11 -2701
Downey Planning Commission
12) If applicable, the owner /applicant 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 Water Resources
Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC).
Resolution No. 11 -2701
Downey Planning Commission
Attachment A
Storm Water Pollution Control Requirements for Construction Activities
Minimum Water Quality Protection Requirements for All Development Construction
Projects /Certification Statement
The following is intended as an attachment for construction and grading plans and
represent the minimum standards of good housekeeping which must be implemented on
all construction sites regardless of size.
Eroded sediments and other pollutants must be retained on site and may not be
transported from the site via sheetflow, swales, area drains, natural drainage courses or
wind.
Stockpiles of earth and other construction related materials must be protected from
being transported from the site by the forces of wind or water.
Fuels, oils, solvents and other toxic materials must be stored in accordance with their
listing and are not to contaminate the soil and surface waters. All approved storage
containers are to be protected from the weather. Spills must be cleaned up immediately
and disposed of in a proper manner. Spills may not be washed into the drainage system.
Non -storm water runoff from equipment and vehicle washing and any other activity shall
be contained at the project site.
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