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HomeMy WebLinkAboutResolution No. 5826 RESOLUTION NO. 5826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND RETAINING THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 94 -13 FOR PROPERTY LOCATED AT 10808 LAKEWOOD BOULEVARD 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 Thrifty Oil Company (hereinafter "Applicants" and "Owners ") for a conditional use permit to add a 676+ square foot addition to an existing service station/convenience market building approved by CUP #163 on property located at 10808 Lakewood Boulevard, Downey, California (hereinafter "Subject Property "). B. The Planning Commission held a duly noticed public hearing on May 4, 1994, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1699 approving the conditional use permit for the Subject Property. C. On May 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 June 28, 1994 and July 26, 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 request will not adversely affect the purpose and intent of the Lakewood/Firestone Specific Plan, the Downey Municipal Code, the City's Comprehensive General Plan, or the public convenience and general welfare of persons residing or working in the neighborhood thereof, because the subject site is of sufficient size (18,029 ± s.f.) and area to safely accommodate parking, circulation and traffic movements. Further, the primary use of the property is already existing and substantially developed. This proposed modification is to permit a 676± square foot addition to an existing building on this site. B. The proposed addition to this existing use will not adversely affect adjoining land uses and the growth and development of the area, since this existing use is an integrated development with its own infrastructure, accessways, lighting, and other infrastructure elements. The proposed building addition for this existing use will be developed in accordance with the approved standards, uses, and footprints previously approved in Specific Plan No. 91-02 (Exhibit 302 -303 for Sub -area 1). City Council Resolution No. 5826 Page 2 C. The size and shape of the site will be adequate to allow full development and operation of this use in a manner not detrimental o this The existing th s area. e e stin site is large enough to accommodate g g g the proposed use and the proposed addition to the existing building, while leaving open areas for circulation through the site. D. The traffic generated by this requested use will not impose an undue burden upon the streets and highways in the area, since this use is located in a commercial area and the existing service station/convenience market is currently serviced from both Cecilia Street and Lakewood Boulevard, a major highway. E. 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. F. That the environmental impacts of this proposed project has been evaluated and this project has been found to be Categorically Exempt (Class 3 Exemption - New Construction of Small Structures) pursuant to the State of California Environmental Quality Act (CEQA). This project will not have a significant effect on the environment. SECTION 3. This conditional use permit request has been found to be Class 3, 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 -13 subject to the conditions attached hereto as Exhibit A. SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 26th day of, July, 1994. i / Barbara J. lley or ATTEST: TZ ,, hi r J 'dith E. McDonnell, City Clerk • City Council Resolution No. 5826 Page 3 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 26th day of July, 1994, by the following vote, to wit: AYES: Councilmembers: Lawrence, McCaughan, Brazelton, Boggs, Riley NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAINED: Councilmembers: None a • udith E. McDonnell, City Clerk City Council Resolution No. 5826 Exhibit A Conditions of Approval Conditional Use Permit No. 94 -13 Planning Division 1. This approval is to permit a 26' x 26' addition to an existing service station /convenience market building previously approved by Conditional Use Permit No. 163, as shown Y PP Y o on the approved plot plan dated March 28, 1994. Deviations or exceptions from said plot plan shall not be permitted without the 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 Zonin g Ordinance and to protect the public health, safety, and general welfare. 3. All conditions of this approval and Conditional Use Permit No. 163 shall be completed before this Conditional Use Permit becomes valid. 4. All signs shall conform to the requirements of the Downey Municipal al Code. 5. Prior to the issuance of building permits, the applicant shall merge the separate arcels makin g up this site. P 6. Parking and driveway areas shall be striped and marked accordingly where needed and shall be permanently maintained in conformance with Section 9150 of the Downey Municipal Code. 7. Separate rest room facilities shall be provided for men and women, and shall be available during business hours for public use and maintained in a clean and sanitary condition, at no charge to the public. 8. Air for tire inflation, radiator water, and windshield washing materials shall be provided at no charge to the public. Engineering Division 9. Seventeen (17') foot corner cut -off at the southeast corner of Lakewood Avenue and Cecilia Street shall be dedicated for right -of -way purposes to the standards of the City Engineering Division. 10. Remove and reconstruct the existing wheelchair ramp to state standards. Any damaged curb, g , gutter, sidewalk, or drive approaches shall be replaced to City Engineering Division standards. 11. The property owner shall execute an agreement for the future installation of permanent street lighting on Cecilia Street along the property frontage. The agreement shall be recorded with the County of Los Angeles and kept on file by the City Engineering Division. City Council Resolution No. 5 826 Exhibit A Conditions of Approval Conditional Use Permit No. 94 -13 Planning Division 1. This approval is to permit a 26' x 26' addition to an existing service station/convenience market building previously approved by Conditional Use Permit No. 163, as shown on the approved plot plan dated March 28, 1994. Deviations or exceptions from said plot plan shall not be permitted without the 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 Ordinance and to protect the public health, safety, and general welfare. 3. All conditions of this approval and Conditional Use Permit No. 163 shall be completed before this Conditional Use Permit becomes valid. 4. All signs shall conform to the requirements of the Downey Municipal Code. q y P 5. Prior to the issuance of building permits, the applicant shall merge the separate parcels making up this site. 6. Parking and driveway areas shall be striped and marked accordingly where needed and shall be permanently maintained in conformance with Section 9150 of the Downey Municipal Code. 7. Separate rest room facilities shall be provided or men women, f p f en and omen, and shall be available during business hours for public use and maintained in a clean and sanitary condition, at no charge to the public. 8. Air for tire inflation, radiator water, and windshield washing materials shall be provided at no charge to the public. Engineering Division 9. Seventeen (17') foot corner cut -off at the southeast corner of Lakewood Avenue and Cecilia Street shall be dedicated for right -of -way purposes to the standards of the City Engineering Division. 10. Remove and reconstruct the existing wheelchair ramp to state standards. Any damaged curb, gutter, sidewalk, or drive approaches shall be replaced to City Engineering Division standards. 11. The property owner shall execute an agreement for the future installation of permanent street lighting on Cecilia Street along the property frontage. The agreement shall be recorded with the County of Los Angeles and kept on file by the City Engineering Division. City Council Resolution No. 5826 Exhibit A Conditions of Approval (CUP #94 -13) 12. The standards of improvement, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specifications for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 13. All necessary drainage structures shall be approved by the City Engineering Division. 14. An engineered drainage plan for the site (prepared by registered civil engineer) shall be submitted by the developers for approval. Waters shall flow to the street in drainage facilities approved by the City Engineer. Runoff shall not flow over public sidewalk or drain onto adjoining property. The applicant shall verify that existing drainage facilities are functional. Any deficiencies shall be corrected. Fire Department 15. Obtain all necessary Fire Department approvals for this use. Building and Safety Division 16. Obtain all necessary plan approvals and permits to the satisfaction of the Building and Safety Division.