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Home My WebLink AboutResolution No. 6304 RESOLUTION NO. 6304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT 99-57 TO CONSTRUCT A CONVENIENCE MARKET WITH OFFICE SPACE COMBINED W1TH AN EXISTING SERVICE STATION ON t-, PROPERTY AT 9851 IMPERIAL HIGHWAY ZONED C2 (GENERAL COMMERCIAL). THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. An application was filed by Loonle Tabbaa (hereinafter "Applicant ") requesting a Conditional Use Permit 99 -57 to construct a convenience market with office space combined with an existing service station on property at 9851 Imperial Highway, Downey, California (hereinafter "subject site ") zoned C2 (General Commercial). B. The Planning Commission held a duly noticed public hearing on September 15, 1999, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1990 approving Conditional Use Permit 99 -57. C. An appeal of the decision of the Downey Planning Commission was filed by Mr. Richard Song, property owner of 9809 Imperial Highway and Mr. Richard Salyer, Mr. Song's attorney on September 29, 1999. D. The City Council held a duly noticed public hearing on November 9, 1999 and November 23, 1999, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 6304 denying the appeal and approving Conditional Use Permit 99 -57. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearings, the City Council further finds, determines and declares that: 1. 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 City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood of the Subject Property because the proposed development is consistent with the surrounding land uses which are commercial in nature. The residential properties to the south are separated by a service road. 2. 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 because the project site is designated for commercial development. • .. .. .. ...... .. ,�{ ��i A A. .. .::... • i} .. .... ... . .... .. fi:...,�v ...., ;.; nYYY :: Y':.i:: ?:::: is iiY.`} • 11:::...:: .: �. . :::. :.:.....:. :. v, ;..v ;. •: .: .r... ....... .. ... ... .... ... ......... rr ........Car: .:,,., ,�,.' ... {..� .,!::::::: . :i iiii: <v:�::.:. .. ... it . '� .. t a .. .. .. ;. 1 i4 Resolution No. 6304 Downey City Council 3. The size and shape of the subject property is adequate t allow the full development of the proposed use in a manner which i c etri ental to the particular area because the proposed project does satisfy all zoning requirements as specified in the Downey Municipal Code and the City Council Ordinance No. 789 for the C2 (General Commercial) zone. ^ 4. 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 because the proposed project is located in an area that is serviced by Imperial Highway and Woodruff Avenue, both designated arterial roads. In addition, as a condition of approval, the applicant will close off two entrances —the easterly entrance on Imperial Highway and the southerly entrance on Woodruff Avenue. This will further improve circulation to and from, the subject site. 5. The conditions imposed on the subject site 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 the section. The conditions are fair and reasonable for the accomplishment of these purposes. 6. An initial study of the environmental impacts and a Negative Declaration has been prepared for the proposed project in accordance with the provisions of the California Environmental Quality Act (C.E.Q.A.) and it indicates that there will be no significant environmental impacts. SECTION 3. Based upon 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 99-57, subject to conditions of approval attached hereto as Exhibit,A.. �-, SECTION 4. This conditional use rmit shall become null and void I� unless construction has commenced within one year of this approval and pursued diligently to completion or an one -year extension of time granted by the Downey Planning Commission, pursuant to Section 9166 of the Downey Municipal Code. SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 23rd day of November ,, 1999 . // E I TH MC CARTHY , M - ATTEST: Jj iii ITH E . MC DONNELL , City Clerk Appeal of Conditional Use Permit 99-57 9851 Imperial Highway Convenience Market 23 November 1999 - Page 2 2 r • .• rW • ' Resolution No. 6304 Downey City Council 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 23rd day of November , 1999 , by the following vote, to wit: 1. AYES: 5 COUNCIL MEMBERS: Winningham, Lawrence, McCaughan, Perkins , McCarthy NOES: 0 COUNCIL MEMBERS: None ABSTAINS: 0 COUNCIL MEMBERS: None • . ITH E. MC DONNELL ,, City Clerk Appeal of Conditional Use Permit 99-57 — 9851 Imperial Highway Convenience Market •,--., 23 November 1999 - Page 3 __......................,............,. _.................,,,......__ Resolution No. 6304 Downey City Council CONDITIONAL USE PERMIT 99-57 EXHIBIT A - CONDITIONS PLANNING 1) This approval is to permit Conditional Use Permit 99 -57, as shown on the approved revised site plan, and herein amended, received by the Downey Planning Division on September 7, 1 999. Deviations or exceptions from said site and floor lan a shalt not be p permitted without the approval by the Downey Planning Commission. 2) The Downey 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 9 eneral welfare. 3) Add a five (5') foot wide landscape planter along all street ro lines along Pew g WOOdruff Avenue and Imperial Highway, except for driveway openings. 4) Air for tire inflation, water for radiators, windshield washing materials and men women 9 and omen public restrooms shall be provided to the public at no charge. 5) Design Review Board approval shalt be required for building's architecture, colors signing 9 ors and gning and landscaping/irrigation before building permits are issued. 6) Existing pole sign shall be removed, and all signing shall comply with Downey Municipal p �+ awney f�luniclpal Code Section 9148 and shall be subject to Design Review Board approval bef ore building permits are issued. pp ,.� 7) Five (5') foot landscape strip planters with irrigation shall be established along the street frontages of Imperial Highway and Woodruff Avenue and shall be subject to :Review subject Design Board approval. 8) The convenience market business will not sell alcoholic beverages. 9) All conditions of Conditional Use Permit 99 -57 and Zone Variance 99-56 shallbe complied with before this conditional use permit becomes valid. ENGINEERING 10) Portland cement concrete driveway approaches, street trees and pavement merit. shall be constructed/installed along the property frontage to the standards of the City Engineering Division. Any damaged curb, gutter, sidewalk, or driveway approaches shall be replaced y pp caches paced to the satisfaction of the City Engineering Division. 11) The existing curb depression shall be replaced with curb and utter to g the standards of the City Engineering Division. The existing driveway shall be replaced with p concrete sidewalk to the satisfaction of the City Engineering Division. Appeal of Conditional Use Permit 99-57 -- 9851 imperial Highway Convenience Market 23 November 1999 Page 4 Resolution No. 6304 Downey City Council 1 An engineered grading plan and/or drainage plan for the site (prepared and sealed by a registered civil engineer in the State of California) shall be submitted by the developer for approval by the Engineering Division and Building and Safety Division. The lot shall r - , not have less than one 1'°lo non- paved percent gradient on any asphalt or non paved surface, or less than one quarter (114 %) percent gradient on any concrete surface. 13) 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. 14) Obtain all necessary plan approvals and permits. 15) Incorporate appropriate r project rp ppropr�ate post - construction SIP s into ro ect design and plans. 16) Comply with the National Pollutant Discharge Elimination Systems (NPDES) requirements as established by the Clean Water Act, and as required by the California Regional Water Quality Control Board. 17) Show containment of potential spill at fuel pumps, such as asphalt berm around um area. p p 18) Access to the project shall be limited to right -turn in and right -turn out movements only. y 19) The southerly Woodruff Avenue and the easterly Imperial Highway driveways are g y y located too close to the intersection and shall be closed and replaced with new curb, gutter and sidewalk to the standards of the City Engineering Division. BUILDING DIVISION 20) 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 9 Division. 21) All electrical and telephone utilities shall be installed underground or at the rear lot lines t lines to the standards of the City Engineering Division and Building and Safety Division. 22) Obtain all necessary plan approvals and permits. 23) Plans must conform to 1998 State Codes using 1997 UBC, URIC„ UPC and 1996 NEC, E and to all Title 24 Disabled Access and Energy Regulations. 24) Trash enclosure must be built of non- combustible materials if closer than 20 feet to property line. Appeal of Conditional Use Permit 99 -57 -- 9851 Imperial Highway Convenience Market 23 November 1999 - Page 5 .... :...................:....:..... Resolution No. 6304 Downey City Council FIRE DEPARTMENT 25) Provide two (2) hour fire rated wall on north wall of building. 26) Provide relocation of underground tank vent lines, per demolition of existing structure. 27) Meet exiting requirements for occupancy of second floor. 28) Provide site closure report for auto repair area as well as history of diesel spills at this location to the Downey Fire Department. L: \SHARE\WPWINlagdal 123' cp9957rs1.doc rte, Appeal of Conditional Use Permit 99 -57 -- 9851 Imperial Highway Convenience Market 23 November 1999 - Page 6 4>