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Home My WebLink AboutResolution No. 5842 RESOLUTION NO. 5842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 94-40 FOR ESTABLISHING AN INFANT DAY -CARE CENTER FOR 25 MENTALLY CHALLENGED CHILDREN (PER SESSION) ON PROPERTY LOCATED AT 12114 PARAMOUNT BOULEVARD, ZONED C -2 (GENERAL COMMERCIAL) /m.\ THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey hereby finds, determines and declares as follows: A. An application was filed with the City Planning Department by Mr. Curtis Jenkins (hereinafter "Applicant ") for the Federal Deposit Insurance Corporation (FDIC) (hereinafter "Owner ") for a conditional use permit to establish an infant child day -care center for twenty -five (25) children between the ages of 12 to 36 months, per session, on property located at 12114 Paramount Boulevard, Downey, California (hereinafter "Subject Property "). B. The Planning Commission held a duly noticed public hearing on September 7, 1994, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, the Planning Commission's discussions resulted in Resolution No. 1715 which reflects a tie vote of the Commission, denying the subject conditional use permit application for the Subject Property. C. On September 19, 1994, the Applicants duly filed a timely appeal from the action of the Planning Commission. D. The City Council held duly noticed public hearings on October 25, 1994 concerning this resolution and fully and carefully considered all oral and written testimony and all facts and opinion offered at the aforesaid public hearing prior to adopting this resolution. SECTION 2. Having considered all of the oral and written testimony and all facts and opinions offered at the public hearing before it, the City Council further finds, determines and declares that: A. The requested conditional use permit will not adversely affect the purpose and intent of Article IX, Land Use, of the Downey Municipal Code or the public convenience or general welfare of persons residing or working in the neighborhood of the Subject Property since the General Commercial zone permits the establishment of child day -care centers with the approval of a conditional use permit. The proposed activity is consistent with the Office designation of the City's General Plan since the C -P (Professional Office) zone provides for child day -care facilities. The project site is already developed with an existing 3,200 square foot building which can accommodate a total of twenty -five (25) children between the ages of twelve (12) months to thirty -six (36) months old. Additionally, conditions of approval have been developed to ensure that the proposed use will not adversely affect the neighborhood. City Council Resolution No. 5842 Page 2 B. The proposed 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 since the proposed use will occupy an existing commercial building which was previously used as a bank. The subject site is located within an existing commercial area zoned C -2 for General Commercial development. This zoning classification permits the proposed use, subject to a conditional use permit approval and the proposed activity is consistent with the General Commercial designation of the City's General Plan since the C -2 (General Commercial) zone provides for child day -care facilities. C. The size and shape of the Subject Property is adequate to allow the full development of the site in a manner not detrimental to the particular area since the proposed use will occupy an existing commercial facility and satisfies parking requirements for child day- care centers. D. The traffic to be generated by the proposed use will not impose an undue burden upon the streets and highways in the area of the Subject Property since Paramount Boulevard is designated as a major highway on the City's newly- adopted Circulation Chapter of the General Plan. Major highways are designed to accommodate traffic generated from commercial uses. E. That the environmental impact of the proposed request has been evaluated and determined Categorically Exempt, Class I, according to the California Environmental Quality Act (CEQA). F. The conditions imposed on the Subject Property by this action as described in Exhibit A, are necessary to preserve the health, safety and general welfare of the community and enable the City Council to make the findings set forth in this section. The conditions are fair and reasonable for the accomplishment of these purposes. G. In taking this action, the City Council has considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. SECTION 3. This conditional use permit request has been found to be Class I, Categorically Exempt, as provided for in the California Environmental Quality Act (CEQA), CEQA's Guidelines and the City's revised procedures for implementing CEQA and CEQA's guidelines. SECTION 4. Based on the findings set forth in Sections 1 and 2 of this Resolution, the City Council of the City of Downey hereby approves Conditional Use Permit No. 94-40, subject to conditions of approval attached hereto as Exhibit A. • City Council Resolution No. 5 842 Page 3 SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 25th day of, October, 1994. /1 ! ,9 • Barbara J. i iley, yor ATTEST: C , — . , .e......e , 4 . t , ' udith E. McDonnell: City Clerk kJ 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 thereof, held on the 25th day of October, 1994, by the following vote, to wit: AYES: 4 Councilmembers: Lawrence, Brazelton, Boggs, Riley NOES: 1 Councilmembers: McCaughan ABSENT: 0 Councilmembers: None ABSTAINED: 0 Councilmembers: None 0 /__,,,m,/, ,,,_ 1 OP_ 0 dith E. McDonnell, City Clerk • City Council Resolution No. 5842 Conditional Use Permit No. 94-40 Page 4 EXHIBIT A PLANNING 1. This approval is for a Conditional Use Permit to permit the establishment of an infant child day- care center for a total of twenty -five (25) children per session, in two (2) shifts (am/pm shifts), from the ages of twelve (12) months to thirty -six (36) months of age, as shown on the site plan dated August 2, 1994. The number of employees for this facility shall not exceed twelve (12) employees and a minimum of twelve (12) parking spaces shall be permanently maintained on this site. Deviations or exceptions from said approval shall not be permitted without approval of the City Planning Commission. 2. The 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 P Y P rP P Ordinance and to protect the public health, safety, and general welfare. 3. All conditions of Conditional Use Permit No. 94-40 shall be complied with before this Conditional Use Permit becomes valid. 4. The applicant shall submit and secure City approval for any signs prior to the installation of said signs. These signs shall conform to Section 9148 of the Downey Municipal Code. If the time /temperature indicator is no longer used, it and the supporting structure shall be removed or modified to comply with the sign code. 5. Parking, driveway, and landscaping areas shall be constructed and permanently maintained in conformance with Sections 9150 and 9152 of the Downey Municipal Code. 6. If any City approval is contingent on any changes to the plans as submitted, the applicant shall tY Y g P PP submit three copies of revised plans, incorporating all approved amendments, overlays, modification, etc. to the Planning Division prior to issuance of building permits. 7. The applicant shall secure appropriate licensing as required by the State of California, Department of Social Services and meet all standards for child day -care facilities as required by State law. 8. No overnight storage of vans or other vehicles used for the proposed center shall be permitted on this site. BUILDING AND SAFETY 9. The applicant must comply with all current Building Code provisions for occupancy for child day -care facilities. 10. The applicant shall obtain all necessary plan approvals and permits. City Council Resolution No. 5842 Conditional Use Permit No. 94-40 Page 5 ENGINEERING 11. The applicant shall submit an engineered drainage plan (playground area) for the site (prepared by a registered civil engineer) for approval by the Engineering Division and Building and Safety Division, and all lots shall drain to Paramount Boulevard and Albia Street and have not less than one (1%) percent grade, and whenever the grade differential exceeds one (1') foot, a retaining wall shall be provided. 12. The applicant shall replace any damaged curbs and /or sidewalks along Paramount Boulevard. Said Improvements shall be permanently maintained to the standards of the Department of Public Works and the City's Engineering Division. 13. All necessary drainage structures shall be to the standards of the City Engineering Division. 14. The standards of improvements, construction materials, and methods of construction shall be accomplished in conformance with the standard plans and specifications as outlined by the City of Downey. FIRE 15. The applicant must comply with all current Fire Code provisions for occupancy for child day -care facilities. • •