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HomeMy WebLinkAboutResolution No. 4875 RESOLUTION NO. 4375 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DENYING CONDITIONAL USE PERMIT NO. 243 AND UPHOLDING THE ACTIONS OF THE PLANNING COMMISSION AS SET FORTH IN ITS RESOLUTION NO. 1006. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find and determine that an application was filed by FBCD DEVELOPMENT CORPORATION for approval of Conditional Use Permit No. 243 with respect to the real property described as follows: 8345 Firestone Boulevard. After a duly noticed and conducted public hearing, the Planning Commission adopted its Resolution 1006 denying said application. Within the time required by law the applicant appealed the action of the Planning Commission on Conditional Use Permit No. 243; that a public hearing was duly set before the City Council for May 12, 1987 at 7:30 P.M. in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California, and a notice of the date, time, place and purpose of the aforesaid hearing was duly held at the aforementioned time and place. Evidence consisting of the application, hearing notices, plans, staff reports and studies, correspondence, environmental assessments, the Planning Commission Resolution No. 1006 and all other papers and documents in Conditional Use Permit No. 243 file, together with testimony and documents presented at the City Council hearing were received by the City Council. A. The application filed by FBCD Development Corporation was for the establishment of a business and trade school with a permitted enrollment of five hundred (500) students operating under the name UNITED COLLEGE OF BUSINESS ( "UCH "). The UCH is currently the tenant of the above described property, also known as the Shepherd Building. The UCB currently operates as a business college with a maximum enrollment of two hundred and fifty (250) students pursuant to Conditional Use Permit No. 234 granted by the City of Downey. The First Baptist Church of Downey is not a co- applicant for Conditional Use Permit No. 243. B. The requested Conditional Use Permit will adversely affect the purpose and intent of the Downey Municipal Code or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof for the following reasons: (1) The proposed use will adversely impact an already overburdened neighboring parking condition. While private security guards hired by the UCB attempted to prevent students from parking on lots owned by neighboring businesses, students have developed means of avoiding detection by the guards by first entering the neighboring businesses KSM /RES5991 and then proceeding to class in the Shepherd Building. This has caused an increase in walk- through traffic at the Embassy Suites Hotel and other nearby businesses. (2) Students have been observed parking in front of businesses along Downey Avenue where the security guards hired by the UCB are not present. (3) Students loitering in front of the Shepherd Building intimidate customers of the Downey National Bank (the "Bank ") which inhabits the first floor of the Shepherd Building, thereby discouraging customers from patronizing the Bank. (4) Loitering students cause the deposit of litter and other physical harm to the grounds surrounding the Shepherd Building. (5) Students have harassed a female Bank employee walking to her car after business hours. (6) Students of the UCB enter into the portion of the Shepherd Building occupied by the Hank to ask directions and for various non - business reasons. (7) Cars waiting to pick up students parkin spaces reserved for the Hank. (8) Students have been observed parking in areas designated for Hank parking. (9) Students have been observed sitting on top of a Bank customer's automobile. (10) Complaints concerning the activity of UCB students similar to those described above have also been made by customers of Embassy Escrow which also has offices on the ground floor of the Shepherd Building. (11) Incidents of violence have been observed on the part of students of UCB, including: a fistfight, swearing at security guards, verbal threats and intimidation of Bank patrons. (12) Catering trucks come to the area to serve students. As they arrive, these catering trucks blow their horns to announce their arrival. An increase in the number of students will increase the -2- ' KSM,RES5991 frequency and number of these catering truck visits. The conditions described above currently exist and all efforts to control or mitigate them have proven unsuccessful. All of the above described conditions can be expected to increase in proportion to the increase proposed to the number of students requested by the application for Conditional Use Permit No. 243. C. The requested use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located in that: (1) Students enrolled at the UCB have increased the demand for street parking in the area, thereby changing parking patterns for patrons of businesses located near the UCB. These changed parking patterns have caused adverse impacts on nearby property and businesses. (2) Petitions signed by one hundred and sixty -seven (167) guests of Gregory's Restaurant located within the Embassy Suite Hotel on adjoining property, complaining about the lack of parking in the area, were submitted to the Planning Commission. (3) Owners of businesses surrounding the UCB appeared at the public hearings and testified as to the adverse impacts the existing Business College operations have on their businesses with particular reference to parking, student foot traffic, and other student activity, including loitering, littering and verbal confrontation with customers. Any increase in the number of students permitted at the Shepherd Building can be expected to further exacerbate those problems. (4) A substantial impact to the existing parking shortage has been observed by owners of property along Firestone Boulevard and such evidence was submitted in public testimony before both the Planning Commission and the City Council. (5) Complaints from patrons of the Bank have been made concerning UCB students loitering in front of the Bank. (6) Loitering students often rest and sit on architectural features of the building, increasing the wear and tear of these features through such unintended use and detracting from the aesthetics of the area. -3- • KSM /RES5991 D. The size and shape of the site proposed for the use is inadequate to allow the full development of the proposed use in a manner detrimental to the particular area for the following reasons: (1) There is a historic parking problem in this area known as the Civic Center which must be considered in connection with every proposed permit approval. (2) Public testimony establishes that a parking shortage has long existed in the area next to the UCH which has been further increased by the presence of the Business College's current enrollment of two hundred and fifty (250) students; an additional two hundred and fifty (250) students would have an increased adverse impact. (3) Parking problems caused by the UCB are periodically magnified during periods of enrollment and registration at the Business College. (4) The Development and Disposition Agreement ( "DDA ") entered into between the City and the FHCD Development Corporation prior to the construction of the Shepherd Building, addressed the existing parking situation and stated that the purpose of the redevelopment project as implemented through the DDA was to, in part, provide for adequate parking in the Civic Center area. (5) The DDA requires that the Shepherd Building be used for professional office uses due to the expressed goal of keeping the existing parking situation under control. (6) The site occupied by the Shepherd Building is inadequate for use as a business and trade school under the provisions of the DDA. E. The traffic generated by the proposed use will impose an undue burden upon the streets and highways in the area, in that existing students attending the UCH drive their own cars at a ratio determined to be .93 cars per student. This concentration generates an increase in traffic flow and circulation within the parking area as well as on the streets and highways in the area. F. The above facts are in reference to the UCB operating a business and trade school to accommodate two hundred and fifty (250) persons. The UCB has testified that they are making every effort to mitigate the impacts associated with that enrollment level. Increasing the number of students to five hundred (500) would likely have a -4- KSM /RES5991 proportional increase in each of the above described problems. __ G. The environmental impact of the proposed request has been reviewed and classified Class 1, categorically exempt from California Environmental Quality Act (CEQA). SECTION 2. The City Council further finds and determines that facts do not exist as required in Section 9166.12 of the Downey Municipal Code to justify the granting of the Conditional Use Permit No. 243. SECTION 3. Based upon the aforementioned findings, the City Council hereby denies the Conditional Use Permit No. 243 with respect to the property described in Section 1 above. SECTION 4. Pursuant to the provisions of the California Code of Civil Procedure, Section 1094.6 as adopted by the City of Downey City Council by Resolution No. 3409, Judicial Review of the City Council's decision regarding this matter may be had pursuant to Section 1094.5 of the California Code of Civil Procedure providing a Petition is filed no later than the ninetieth (90th) day following the day on which this decision becomes final. SECTION 5. The City Clerk shall certify to the adoption of this Resolution and shall transmit a copy to the applicant, Building and Safety Division, and City Planning Division. APPROVED AND ADOPTED this 26 day of May 1987. JAMES SANTAN O, Mayor. ATTEST: CITY r-- - r ► HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 26th day of May, 1987 by the following vote, to wit: AYES: 5 Council Members: Boggs, Corrnack, Barb, Paul, Santangelo NOES: 0 Council Members: None ABSENT: 0 Council Members: None enn�r To p -5-