HomeMy WebLinkAboutResolution No. 5134 RESOLUTION NO. 5134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
DOWNEY, GRANTING CONDITIONAL USE PERMIT NO. 287
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 Lary Marks, appealing the decision of the Planning Commission with
respect to the real property described as follows: Rancho Business Park, Phase II;
which would permit "General Warehousing" on the above property; that a public
hearing was duly set for April 11, 1989 at 7 :30 p.m. in 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. The City Council has considered
all of the information presented to it at the public hearing, including but not
limited to, written reports of the City staff and testimony and documentary evidence
submitted by the property owner, and finds that:
1. The requested Conditional Use Permit for warehousing 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 impacts have been
reduced to level of insignificance or eliminated through conditions of
the specific plan, master plan and conditional use permit. Remaining
impacts are considered overriding concerns or regional planning issues.
2. The requested warehousing will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed
to be located since the 9' block wall and the 90' setback abutting the
residential zone provide significant separation of the industrial use
from residential uses. The design of the buildings reduces noise
impacts because there is no loading or unloading adjacent to residential
uses.
3. The size and shape of the site proposed for the warehousing use is
adequate to allow the full development of the proposed use in a manner
not detrimental to the particular area since the lot size is 25± acres
and the lot coverage is 45%.
4. The traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area because the highway
system serving the site has the capacity to accommodate the volume of
traffic this use is expected to generate since the Average Daily Traffic
on Erickson will be less than for light industrial uses.
Under the provisions of the Califc is Environmental Quality Act (CEQA), a
Negative Declaration of Environment. Impact has been prepared.
SECTION 2. The City Council further finds and determines that facts exist as
required i- Section 9166.12 of the Downey Municipal Code justifying the granting of
a Conditional Use Permit.
Page 2
Resolution No. 5134
Conditional Use Permit #287
SECTION 3. Based upon the aforementioned findings, the City Council hereby grants
with respect to the property described in Section 1, above, a Conditional Use Permit
subject to the following conditions:
PLANNING
1. This approval is for warehousing use as defined in SP 88 -1, III -6 B -1,
in an industrial park as shown on the revised plot plan and elevation
dated February 21, 1989, and for the modification of a driveway and
landscaping as shown on revised plot plan dated March 1, 1989, for
Building "B ". Deviations or exceptions from said plot plan and
elevation shall not be permitted without the approval of the City
Planning Commission.
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 Conditional Use Permit #287 application shall be
complied with before this Conditional Use Permit becomes valid.
4. A tract map shall be approved by the Planning Commission and City
Council prior to a building permit being issued.
5. Approval by the Design Review Board for colors, materials, landscaping/
irrigation plans, sign plan, and building architecture is required prior
to the issuance of a building permit.
6. 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 Specific Plan 88 -1.
7. Parking, driveway, and landscaping areas shall be constructed and
permanently maintained in conformance with Sections 9150 and 9152 of the
Downey Municipal Code.
8. If City approval is contingent on any changes to the plans as submitted,
the applicant shall submit three copies of revised plans, incorporating
all approved amendments, overlays, modifications, etc. to the Planning
Division prior to the issuance of building permits.
9. Conditional Use Permit #287 sha' become effective at the same time as
Specific Plan 88 -1.
10. A hazard and toxic materials plan detailing the method of storing and
disposing of these materials shall be submitted to the Fire Department
for yei r review and approval prior to issuing tenant improvement
perm s.
Page 3 5134
Resolution No.
Conditional Use Permit #287
11. A nine foot (9') high block wall shall be constructed along property
lines abutting residentially zoned properties.
12. A ninety foot (90') building setback shall be maintained adjacent to
residential zones.
13. A landscape berm and block wall , as shown in Section AA of Exhibit #3,
shall be constructed along Erickson Avenue.
14. The significant trees, as shown in Exhibit K, in SP 88 -1, shall be
replaced, if removed, with two 24" box speciman trees for each
significant tree removed.
ENGINEERING
15. Curb and gutter shall be constructed along the Erickson Avenue frontage
to the standards of the City Engineering Division.
16. The applicant shall construct commercial type cement concrete driveway
approaches
17. Pavement shall consist of minimum 3" thick section aggregate on base and
a minimum 6" thick asphalt concrete surfacing.
18. Standard width sidewalk, handicapped ramp and parkway trees shall be
installed along Erickson Avenue. Said improvements shall be permanently
maintained to the standards of the Department of Public Works and the
City Engineering Division.
19. The engineered grading and drainage plan for the site shall be submitted
by the developers for approval by the Engineering Division and Building
and Safety Division in conformance with the requirements of Specific
Plan 88 -1.
20. The applicant shall install Downey standard name signs with block
numbers at all intersections.
21. Installation of street lighting system shall consist of an underground
ornamental system complete with electroliers. The number of lights and
all electrical wiring shall conform to the standards of the Engineering
Division.
22. The standards of improvement, )nstruction materials, and methods of
construction shall be accompl led in conformance with the standard
plans and specifications as out feed by the City of Downey.
23. All necessary drainage structures shall be approved by the Engineering
Divi< *n.
Page 4 5134
Resolution No.
Conditional Use Permit #287
24. A main sewer and sewer laterals to the front property line of each lot
shall be provided for all lots in the subdivision.
25. The design and improvement of sewers shall be to the standards of the
Engineering Division.
26. All easements to be granted to and in the name of the City shall
include:
a. Vehicular easements
b. Walkway easements
c. Drainage easements
d. Utility easements
27. Install traffic regulation signs to City standards.
28. Install street lane striping and street markings to City standards.
29. The final alignment of Erickson Avenue at Consuelo will be determined by
the Tentative Tract Map. Signals and /or stop signs to be installed per
Specific Plan 88 -1.
30. Erickson Avenue shall be terminated at a cul -de -sac until future
expansion to Garfield per Specific Plan 88 -1.
31. The proposed building is designed across an existing flood control box
structure and it blocks an existing easement. When the drain is
enlarged an easement for the new drain or access to modify the existing
drain shall be guaranteed.
BUILDING AND SAFETY
32. Separate sewers shall be constructed to each building to the standards
of the City Engineering and Building and Safety Divisions.
33. All electrical and telephone utilities shall be installed underground to
the standards of the Engineering Division and Building and Safety
Division.
34. The applicant shall obtain all necessary plan approvals and permits.
FIRE
35. A twelve inch (12 ") water ma extension and fire hydrant shall be
installed to the standards c the City Engineering Division, Fire
Department, and Water Division.
36. Pro hydrants of the single 2 -1/2 inch and single 4 inch separately
gat :utlet type at locations specified by the Engineering Division and
Depar tments of Water and Fire.
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Resolution No. 5134
Conditional Use Permit #287
37. Water mains shall be designed to the standards of the Engineering
Division and Departments of Water and Fire.
38. All site work to be completed prior to any structural construction.
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. 34C Y judicial review of the City Council's decisions regarding
this matter may b:_ had pursuant to Section 1094.5 of the California Code of
Civil Procedure provided a petition is filed no later than the 90th day
following the date 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.
ADOPTED AND APPROVED this llth day of ril , , 1989.
( r r
R' rt t rmack or
ATTEST:
�. -— I •�
Jelip Yowl. 61 , City C1:—
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 llth day of April , 1989, by the following vote of the Council:
AYES: 5 Council Members: Paul, Barb, Boggs, Hayden, Cormack
NOES: ° Council Members: None
ABSENT: 0 Council Members: None
ABSTAINED : Council Members: None
/ - •
Je • 'You • F. y, Clerk
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