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HomeMy WebLinkAboutResolution No. 6317 RESOLUTION NO. 6317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 99-29, A REQUEST TO PERMIT THE DEVELOPMENT OF A 94 -ROOM HOTEL AT 9066 FIRESTONE BOULEVARD, ZONED LAKEWOOD/FIRESTONE SPECIFIC PLAN 91 -2 (APPLICANT: DOWNEY HOSPITALITY DEVELOPMENT, LLC) 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 Downey Hospitality Development, LLC (hereinafter *Applicant') requesting a conditional use permit to develop a 94- room, 49,280 square foot Holiday Inn Express hotel on the 2.0-acre site at 9066 Firestone Boulevard, which is zoned LakewoodlFirestone Specific Plan 91 -2. B. The Planning Commission held a duly - noticed public hearing on December 1, 1999, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Resolution No. 2012, approving the conditional use permit application. C. An appeal of the decision of the Planning Commission was filed on December 3, 1999 by Frank A. Weiser on behalf of Mr. Arvin Parekh, who is both the owner and operator of the Days Inn Stonewood motel, located at 11102 Lakewood Boulevard, Downey, California. D. The City Council held a duly - noticed public hearing on January 11, 2000 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 6317 denying the appeal and approving Conditional Use Permit No. 99 -29, SECTION. 2. Having considered all of the oral and written evidence presented to it at the public hearing, the City Council further finds, determines and declares that: A. That the requested conditional use permit, CUP No. 99-29 will not adversely affect the purpose and intent of this Chapter or the City's General Plan or the public convenience or general welfare of persons residing or working in the area. Implementing CUP No. 99-29 will not impact the people or the neighboring businesses that employ there: Additionally, the hotel is consistent with the applicable General Plan provisions. The environmental document prepared for the proposed CUP, a mitigated negative declaration, concluded hotel construction and its daily operations will not affect nearby uses. A concurrently -filed application is pending before the City Council to add hotels /motels to the list of conditionally permitted uses for the project site and the other Resolution No. 6 317 Conditional Use Permit 99 -29 Page 2 properties that comprise Sector 5A of the Lakewood/Firestone Specific Plan. This specific plan is consistent with the affected area's General Commercial General Plan category. Moreover, the proposed hotel is consistent with the site's General Commercial General Plan category. 11 is a regionally- oriented commercial business. Similarly, the General Commercial category is designed to provided a a wide variety of goods and services for the entire community and uses include large scale projects. S, That the application will not adversely affect adjoining land uses and the growth and development of the area. The mitigated negative declaration prepared for CUP No. 99 -29 concluded project development and its day - day operations will not adversely impact surrounding land uses. C. 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. The project site is irregularly shaped and contains 2.58 acres, or 112,385 square feet, The narrowest portion fronts on Firestone Boulevard, while the bulk of the site is in the rear. Specifically, it has 115 feet of frontage along Firestone Boulevard, while the width of the site in the rear is 417 feet. And the depth of the site ranges from 215 feet of slightly more than 466 feet. The area of the affected site and its dimensions describe a site that is more than adequate in size to accommodate the proposed 94 - room hotel, as well as the project's proposed restaurant. This is evident in the fact that the development as proposed complies with all applicable development standards. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Forecasts show project- generated traffic will not impact the adjoining highway system, with the exception of a nearby intersection. The previously - noted mitigated negative declaration assessed the project's potential traffic impacts. The environmental document indicated that except for the Lakewood/Firestone intersection, project - generated traffic will not impact the roadway network that will serve the project site. The impact to the intersection, however, will be reduced to an acceptable operating condition by implementing one of the environmental document's recommended mitigation measures. The measure involves adding a southbound dedicated right -turn lane to the intersection's north leg. 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 and determined that the use of this proposal would not have a negative impact on, or be inconsistent with, the City's General Plan and past Zoning practices pertaining to housing in the City. The proposed Resolution No. , 6 317 Conditional Use Permit 9929 Page 3 r-. project accompanying the subject application, developing a 94 -room hotel is not expected to create a demand for additional housing. It is anticipated the positions at the hotel will be filled by persons that already reside within the City or its environs. F. An Initial Study of Environmental Impacts and Mitigated Negative Declaration were prepared for Conditional Use Permit No. 99-29 in accordance with the provisions of the California Environmental Quality Act (CEQA), state CEQA Guidelines, and the City of Downey's Procedures for Implementing CEQA. G. That the City of Downey had the Initial Study of Environmental Impacts and Mitigated Negative Declaration prepared; and although an environmental consulting firm prepared the documents, they reflect the independent judgement of the City of Downey. The Initial Study and draft Mitigated Negative Declaration were made available for public review and comment from November 10, 1999 to and including November 29, 1999. H. A public hearing was held by the City Council of the City of Downey on January 11, 2000, at which time evidence was heard on the Initial Study and proposed Mitigated Negative Declaration. At the hearing, the City Council fully reviewed and carefully considered the Initial r-. Study and Negative Declaration, together with any comments received during the public review period. 1 In view of the foregoing, the City Council hereby certifies that the Mitigated Negative Declaration prepared for Conditional Use Permit No. 99 -29 was prepared in accordance with CEQA. Therefore, the City Council approves the Mitigated Negative Declaration along with its findings, conclusions, and the Mitigation Monitoring and Reporting Program that is setforth in Exhibit A and is attached hereto and incorporated by reference. SECTION 3. Based upon the findings set forth in Section 1 and 2 of this Resolution, the City Council of the City of Downey hereby denies the appeal and approves Conditional Use Permit No. 99 -29, subject to the Conditions of Approval attached hereto as Exhibit S. SECTION 4, The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 11 t h day of January, 2000 . KEITH MC CARTHY, 1 Mayor ,---, ATTEST: 1---\\ k ,,,e.ev JUDITH E. MC DONNELL, City Clerk Resolution No. 6317 Conditional Use Permit 99 -29 Page 4 I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 11 t h day of J a n u a ry 2000, by the following vote, to wit: AYES: 5 Council Members: Winningham, Lawrence, McCaughan, Perkins, McCarthy NOES: 0 Council Members: None ABSENT: 0 Council Members: None J DITH E. MC DONNELL, City Clerk Resolution No. 6 317 Conditional Use Permit 99-29 Page 5 EXHIBIT A +►� � ' ► ► .. i N 1 _ TA _ ; . � MITI 4TIgN MOMITQJt NG AND REPORTING P tOc A, ' PECiFIC PLAN AMENDMENP- 91-4A, The California Environmental Quality Act (CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, the attached MITIGATION MONITORING AND REPORTING CHECKLIST, has been prepared for the Holiday Inn Express Hotel and Restaurant Project at 9066 Firestone Boulevard. This Mitigation Monitoring and Reporting Checklist is intended to provide verification that all applicable Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the Holiday inn Express Hotel and Restaurant project file. his Mitigation Monitoring Program delineates responsibilities for monitoring the project, but also allows le City of Downey flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took peace and that mitigation measures were implemented. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: • The City of Downey distributes reporting forms to the appropriate agencies or City departments or employs the City's existing reporting process for verification of compliance. • Responsible entities verify compliance by signing the monitoring and reporting form and /or documenting compliance using their own internal procedures when monitoring is triggered. • Responsible parties provide the City of Downey with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made in accordance with CEQA and would be permitted after further review and approval by the City of Downey. 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' m 3 P — i Q Q , � 12c n O Q. f1 E g , I e 0 G 'O' C -ti W N o t m ,F 7 - to a g. ,,,R ,., § 9- EL S m) i AP ;11 _ ; , • 0011 IA R 13 C C a o a ft� n o ai a � e 2 E. i 0 M aS 5 =I ;g ei N N 94 8 r,rm' o— trim;;0 - 6x 5 ` 0.449,crig g. 1 .Z5 , t 4 pc) ft, CI Q 0 c�E. 41, -69... Z g: hal a. o' • i cn z uA tv g fR 9 too la ... a a ' S n Resolution No. 6 317 Conditional Use Permit 99-29 Page 9 EXHIBIT B-- Conditions of Approval Conditional use Permit No 99 -29 Planning_ A I [vision 1. This approval is to permit the development of a 3- story, 49,280 square foot, 94-room Holiday Inn Express hotel at 9086 Firestone Boulevard, as shown on the approved plot plan dated, July 22, 1999. Deviations or exceptions from this plan shall not be perrnitted 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 Conditional Use Permit No. 99-29 and Tentative Tract Map No. 25643 shall be complied with before this application becomes valid, 4. If City approval is contingent upon any changes to the plans as submitted, the Applicant shall submit three copies of the revised plans, Incorporating all approved amendments, overlays, modifications, etc, to the Planning Division prior to the issuance of building permits. 5. Final Parcel Map No. 25643 shall be accepted by the City Council and recorded with the County Recorder'"$ Office before building permits are issued. 6. The mitigation measures contained in the "Initial Study/Mitigated Negative . Declaration Holiday Inn Express and Restaurant ", dated November 1, 1999 shall be implemented before the approvals for CUP No. 99-29 and Final Parcel Map No. 25643 become valid. 7. The Design Review Board shall approve the projects architecture, colors, materials and landscape and irrigation plans before building permits are issued. 8. Conditional Use Permit No. 99 -29 shall not be valid unless the proposed amendments to the Lakewood/Firestone Specific Plan 91 -2, SP- 91 -2A, that accompanied this conditional use permit application are approved. Engineering Division 9. Standard width sidewalk and parkway trees shall be installed along Firestone Boulevard_ Said improvements shall be permanently maintained to the standards of the Department of Public Works and the City Engineering Resolution No. 6317 Conditional Use Permit 99-29 Page 10 Division. Any damaged curb, gutter, sidewalk, or drive approaches shall be fl replaced to City standards. 10. An engineered grading and drainage plan for the site (prepared by a registered civil engineer) shall be submitted by the developers for approval by the Engineering Division and Building & Safety Division, and the project site shall drain to Firestone Boulevard. 11. 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. Fire Department 12. Assembly occupancies over 5,000 square feet shall be fully sprinklered and provided with an approved fire alarm system. 13. All buildings over 10,000 square feet shall be fully sprinklered and provided with an approved fire alarm system. 14. Private fire hydrants shall be provided and spaced every 300 feet, 15. Fire access roadways shall be provided with a minimum width of 20 feet and be provided with an approved turnaround if the access roadway exceeds 150 feet from a publlb right -of -way. 16. Curbing and fire lanes shall be properly marked to insure unobstructed access to the buildings in the event of an emergency. 17. A KNOX Box shall be provided for each building. 18. Address numbers shall be clearly visible from the street. Building,( qty Division 19. A separate sewer shall be constructed to each budding to the standards of the City Engineering and Building & Safety Divisions or a sewer covenant shall be recorded with the Los Angeles County Recorder, and a copy filed with the Planning Division. 20. Obtain all necessary plan approvals and permits. 21. Architectural plans must be prepared per 1998 California Building Code, California Plumbing Code, California Electrical Code and 1997 California Mechanical Code. Resolution No, 6 317 Conditional Use Permit 99-29 Page 11 22. For 181 parking spaces, a minimum of six accessible spaces are required, with one of the sic being van accessible. 23. Accessibility of rooms, public use areas, including outdoor areas (i.e., pool and Jacuzzi spa) must meet Title 24 requirements. Show accessible units on floor plans. H:mselRcup9929ocres