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HomeMy WebLinkAboutResolution No. 5104 RESOLUTION NO. 5104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PERMISSIVE CONDITIONAL USE PERMIT NO. 88 -1 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 duly filed by Joseph C. DeSimone on behalf of The Lafayette Development Company, a Division of the Lafayette Company, with respect to the real property described as follows: 9830 Lakewood Boulevard, requesting a Permissive Conditional Use Permit to Section 9166.05 of the Downey Municipal Code to permit the conversion of an existing mortuary to the following limited uses: 1. Insurance offices and Title Companies; 2. Investment service offices; 3. Legal offices; 4. Professional offices; 5. Real Estate offices; and 6. Employment agencies in the R1- 10,000 (Single Family Residential) zone; that a public hearing was duly set on January 24, 1989 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 aforesaid hearing was duly given; that a hearing was duly held at the aforementioned time and place. Studies and investigation made by the Commission and in its behalf reveal the following facts: 1. That the requested Permissive Conditional Use Permit will not 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 because the request as stated in this report, is consistent with the Downey Municipal Code and the General Plan. 2. That the requested uses will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the uses are limited and conditions are required which will mitigate any potential impacts on surrounding properties. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area because code requirements will be met and the uses will be limited. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area because the uses are limited to those that will not generate excess traffic as stated in the traffic study for the development. 5. A Negative Declaration has been prepared for the project according to the California Environmental Quality Act (C.E.Q.A). SECTION 2. The City Council further finds and determines that facts exist as required in Section 9166.12 of the Downey Municipal Code justifying the granting of a Permissive Conditional Use Permit. SECTION 3. Based upon the aforementioned findings, the Commission hereby recommends approval of a Permissive Conditional Use Permit with respect to the property described in Section 1, above, subject to the following conditions: PLANNING 1. This approval is for conversion of an existing 8,450 square foot mortuary to the following limited uses: 1) Insurance and Title Company offices, 2) Investment Service offices, not to include banks and savings and loans, 3) Legal Offices, 4) Professional Offices, not to include medical offices, 5) Real Estate Offices, 6) Employment Agencies, as shown on the approved plot plan and elevation dated October 20, 1988. Deviations or exceptions from said plot plan and elevation shall not be permitted without the approval of the City Planning Division. RESOLUTION NO. 5104 Page 2 PCUP -cc 1/24/89 2. The Planning Commission shall retain jurisdiction to amend or add conditions without further public notice or hearing to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety, and general welfare. 3. All conditions of Permissive Conditional Use Permit 88 -1 application shall be complied with before the Permissive Conditional Use Permit becomes valid. 4. A sign plan shall be submitted and approved prior to the installation of any sign. 5. The existing pole sign shall be removed. 6. A trash enclosure area shall be provided and permanently maintained either in the building or on the property having a minimum size of fifty (50) square feet in area. Said outside storage shall be enclosed with a solid masonry or opaque metal wall and appropriate gate, and said enclosure shall not be less than five feet nor more than seven feet in height, as shown on the approved plot plan. All storage maintained within the trash storage area shall not extend above the height of the required wall. No trash receptacles or storage shall be maintained in required parking spaces or driveway. 7. All landscaped areas shown on the plot plan shall be enclosed by masonry curbing not less than 6" in height and said landscaping shall be permanently maintained in a neat and attractive manner in conformance with Section 9152.06. 8. A five feet (5') strip along the most easterly property line shall be landscaped and permanently maintained with trees and shrubs not less than six feet (6') in height upon planting which shall attain a height at maturity of not less than twenty feet (20'), and shall be so spaced that at full growth the foliage shall form an uninterrupted screen between the subject property and the properties to the east. 9. Parking, driveway, and landscaping areas shall be constructed and permanently maintained in conformance with Sections 9150 and 9152 of the Downey Municipal Code. 10. A twenty -foot (20') wide driveway shall be installed and maintained at the north property line. ENGINEERING 11. The property owner shall install a marble street light standard with a 22,000 lumen lamp and luminaire over Lakewood Boulevard, and a 5,800 lumen lamp and luminaire over the service road. The service shall be installed underground. BUILDING AND SAFETY 12. Separate sewer shall be constructed to each building to the standards of the City Engineering and Building and Safety Divisions or a sewer covenant shall be recorded with the Los Angeles County Recorder, and a copy filed with the City Planning Division. 13. All electrical and telephone utilities shall be installed underground to the standards of the Engineering Division and Building and Safety Division. 14. The applicant shall obtain all necessary plan approvals and permits. SECTION 4. The permit hereby allowed is conditional upon the privileges being utilized within one (1) year after the effective date thereof, and if they are not utilized or construction work is not begun within said time and carried diligently in accordance with conditions imposed, this authorization shall become void, and any privilege, permit, or variance granted hereby shall be deemed to have elapsed. RESOLUTION NO. 5104 Page 3 PCUP -cc 1/24/89 SECTION 5. This action shall become final and effective fifteen (15) calendar days after the date of this Resolution unless during that time a written appeal is taken to the Downey City Council. SECTION 6. The secretary shall certify to the adoption of this Resolution and shall transmit a copy to the Applicant, Building and Safety Division, and City Engineering Division. , ADOPTED AND APPROVED this 24th day of January, 1989 ,,,,, / ,/ ,./ i 4 fi t( ol3ert „ii, yor ATTEST: o onn i j Aga Fe City k I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the City Council of the City of Downey at a regular meeting held on the 24th day of January, 1989, by the following vote of the Council: AYES: 5 Council Members: Paul, Barb, Boggs, Hayden, Cormack NOES: 0 Council Members: None ABSENT: 0 Council Members: None ABSTAINED: 0 Council Members: None .,... r , .. , .. .., City C RMY /MMS:tj 2:pcupresocc i