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HomeMy WebLinkAbout2b. PLN-11-00131-Resolution-10441 Lakewood Blvd RESOLUTION NO. 11-2727 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-11-00131 (CONDITIONAL USE PERMIT MODIFICATION) – REVISION ‘A’ TO AN EXISTING CONDITIONAL USE PERMIT (PLN-10-08048), THEREBY ALLOWING THE EXPANSION OF A DAYCARE AND K-5 PRIVATE ELEMENTARY SCHOOL BY CONVERTING EXISTING OFFICE SPACE (3,950 SQ. FT.) INTO THREE (3) ADDITIONAL CLASSROOMS WITHOUT INCREASING ENROLLMENT, AND ALLOWING FOR THE DAILY CLOSURE OF SEVEN PARKING STALLS FROM 9:30 AM TO 2;30 PM MONDAY-FRIDAY FOR USE AS AN OUTDOOR PLAYGROUND ON PROPERTY LOCATED AT 10441-45 LAKEWOOD BOULEVARD, ZONED C-1 (NEIGHBORHOOD 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 Mr. and Mrs. Phillipy, (hereinafter "applicant") requesting expansion of a daycare and K-5 private elementary school by converting existing office space (3,950 sq. ft.) into three (3) additional classrooms without increasing enrollment, and allowing for the daily closure of seven parking stalls from 9:30 am to 2:30 pm Monday-Friday, for use as an outdoor playground, on property located at 10441-45 Lakewood Boulevard, zoned C-1 (Neighborhood Commercial) (hereinafter “subject property”), AIN: 6252-002-032. B. On August 25, 2011, notice of the pending public hearing was published in the Downey Patriot and on August 26, 2011 notice of pending public hearing was sent to all property owners within 500’ of the subject site; and C. The Planning Commission held a duly noticed public hearing on September 7, 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-11-00131 (Conditional Use Permit Modification). SECTION 2. The Planning Commission further finds, determines and declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that there would be no significant environmental impacts created by the proposed Conditional Use Permit and Site Plan Review, a Negative Declaration was prepared. Based on its own independent judgment that the facts stated in the initial study are true, the Planning Commission hereby finds that the approval of the Conditional Use Permit and Site Plan Review it will not have any potential negative environmental impacts. 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’s location, immediately adjacent to existing C-1 (Neighborhood Commercial) and R-1 5,000 (Single-Family Residential) zoned properties, is an appropriate location for a daycare and private school (K-5) and its expansion, since this type of use will serve the immediate vicinity and is a family-oriented Resolution No. 11-2727 Downey Planning CommissionPLN-11-00131 (CUP Mod.) – 10441-45 Lakewood Blvd. September 7, 2011 -Page 2 use. Section 9314.02(c) of the Downey Municipal Code reads: “The purpose and intent of the C-1 zone in to provide for the development of limited neighborhood shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These shopping areas are intended to serve only the limited need for convenience goods and services in their immediate areas and should fit easily into a residential environment without detriment to the character of the area.” The proposed conditional use is consistent with the purpose and intent of the C-1 zone because it is a relatively small site, surrounded by residentially-zoned properties and because the size and scale of the existing buildings are compatible with those residential uses. Vision 2025 General Plan Policy 1.1.4 states, “Provide an appropriate amount of land area for people to acquire goods and services.” This policy is implemented with Programs 1.1.4.6 which states “Concentrate smaller commercial uses in neighborhood nodes” in addition, it is staff’s opinion that this property will exist as a buffer between larger commercial uses to the north and residential uses to the south, west and east of the site, while remaining compatible and complementary to the existing conditions in the area. 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 subject site is in a fully developed area of the City. Staff’s opinion is that the proposed expansion of the daycare/private school (K-5) will not prevent surrounding properties from being developed further. The applicant proposes the increase of classroom within the existing footprint of the building and hence, the building size will not change. 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 subject site is a 49,800 sq. ft. rectangular-shaped parcel, which exceeds the 6,000 foot minimum in the C-1 zone. Currently, the site is developed with a 21,460 sq. ft. multi-tenant building established by Zone Exception Case No. 1161 on February 20, 1974. Said building houses a variety of uses from daycare/private school to professional office. Staff is of the opinion that the site will be able to accommodate any use permitted under the C-1 zone, provided sufficient parking is available. Furthermore, any future expansion would require Planning Commission review in a duly noted public hearing. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The Institute of Transportation Engineers (ITE) stipulates the average rates for a day care use per 1000 sq. ft., at 79.26 trips on average weekdays, 12.71 trips during the AM peak hours of 7am to 9 am, and 13.2 trips during the PM peak hours of 4 pm to 6 pm (weekends have not been considered since the proposed use will be closed weekends). Applying these rates to the existing tenant space for the daycare/private school (K-5), the project is projected to produce 1,079 Resolution No. 11-2727 Downey Planning CommissionPLN-11-00131 (CUP Mod.) – 10441-45 Lakewood Blvd. September 7, 2011 -Page 3 trips on an average weekday, 173 trips during AM peak hours, and 178 trips during PM peak hours. Although an increase in classroom is proposed, there will be no increase in the allowed quantity of children, established at one hundred and eighty (180) chidren by PLN-10-08048 (CUP). As such, there is no potential increase in traffic. The FEIR that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), Chapter 2 -Circulation, Figure 2.1-1 -Circulation Plan, classifies Lakewood Boulevard as a Major Arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on Lakewood Boulevard between Florence Avenue (south of the subject site) and the Firestone Boulevard (north of the subject site), the existing Average Daily Traffic (ADT) volume is approximately 42.4 Vehicles Per Day (VPD) and the adopted capacity as shown in Figure 2.1-3, Projected Traffic Volumes, Chapter 2 – Circulation in the FEIR is 52.8 VPD. Thus, the daycare/private school use will not create a substantial increase in traffic. Thus, the proposed use will not impose an undue burden upon the streets and highways in the area. 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-10-08048 (Site Plan Review and 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 7th day of September, 2011. Robert Keifer, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true 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 September, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission Resolution No. 11-2727 Downey Planning CommissionPLN-11-00131 (CUP Mod.) – 10441-45 Lakewood Blvd. September 7, 2011 -Page 4 PLN-10-08048 (CONDITIONAL USE PERMIT MODIFICATION) EXHIBIT A – CONDITIONS OF APPROVAL PLANNING DIVISION 1) This approval is for PLN-11-00131 (Conditional Use Permit Modification), Revision ‘A’ to an existing Conditional Use Permit (PLN-10-08048), thereby allowing the expansion of a daycare and K-5 private elementary school by converting existing office space (3,950 sq. ft.) into three (3) additional classrooms without increasing enrollment, and allowing for the daily closure of seven parking stalls, as shown on the approved site plan, from 9:30 am to 2:30 pm Monday-Friday for use as an outdoor playground on property located at 10441-45 Lakewood Boulevard. 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 Resolution No. 10-2672 for PLN-10-08048 (CUP) shall apply to this modification and remain in full effect. 5) The hours of parking stall closure shall be from 9:30 am to 2:30 pm, Monday through Friday for purposes of an outside playground area. Only seven (7) parking stalls shall be used for purposes of a playground area at a given time, and all 49 on-site parking stalls shall be open during weekends. 6) The business owner/applicant of the daycare/K-5 private school shall provide the Planning Division with an annual enrollment list and count, proving that such enrollment does not exceed the allowable 180 children as previously approved by PLN-10-08048 (CUP). This list shall be provided not later than the first day of October of every year. a) State of California documentation may be provided to the Planning Division in lieu of the above requirement.