HomeMy WebLinkAboutResolution No. 6538 RESOLUTION NO. 6538
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING
THE APPEAL AND APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A
CHURCH FACILITY ON PROPERTY AT 12145 WOODRUFF AVENUE
CONDITIONAL USE PERMIT No. 00 -08
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 with the City Planning Division by Mark Villagomez of
Boeing North America Fitness Inc., (hereinafter "Applicants ") for the City to
consider Conditional Use Permit No. 00 -08 — to establish a church facility on
property at 12145 Woodruff Avenue. Assessor Parcel No. 6283 -013 -026
(hereinafter "Subject Property ");
B. The applicant also concurrently applied for General Plan Amendment No. 00 -06,
Zone Change No. 00 -07 and Zone Variance No. 01 -65 for the Subject Property;
C. The applicant subsequently applied for Environmental Assessment No. 01 -66
(for an Environmental Impact Report) and Development Agreement No. 01 -104
for the Subject Property;
D. The Planning Commission held a duly noticed public hearing on September 5,
2001 and after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 2156,
denying Conditional Use Permit No. 00 -08;
E. An appeal of the decision the Planning Commission was filed with the City Clerk
by Steve Sheldon, the applicant's legal representative on September 6, 2001;
and
F. The City Council first opened the duly noticed public hearing on September 23,
2001 and subsequently continued it to the January 22, 2002 meeting and after
fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted Resolution No. 6538 granting the appeal
and approving Conditional Use Permit No. 00 -08.
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:
A. A General Plan Amendment (No. 00 -06) to change the land use classification
from "Open Space" to "Neighborhood Commercial" and a Zone Change (No. 00-
07) to change the zoning from M1 (Light Manufacturing) and PB (Parking Buffer)
to C1 (Neighborhood Commercial) for the Subject Property was introduced by
,, r
Resolution No. 6538
Downey City Council
the City Council at their January 8, 2002 meeting. The proposed church use
would be consistent with these new designations. As part of the Environmental
Impact Report, the applicant and City of Downey entered a Development
Agreement to mitigate the potential loss of open space.
B. The Subject Property is bounded by single - family residential uses to the west,
neighborhood commercial to the northeast and industrial to the north, east and
south. A religious facility is already located east of the Subject Property at the
southeast corner of Woodruff Avenue and Washburn Road. The buildings are
setback a minimum 138 feet from the residential zone. In addition, block walls
and landscaping surround the Subject Property's perimeter reducing noise
impacts.
C. The size and shape of the Subject Property is adequate to accommodate the
church use. The Subject Property measures 7.85 acres and the three buildings
will have a combined area of 106,104 square feet. The main assembly area
covers 26,568 square feet and other buildings will be used for offices and
classrooms for Sunday school and daycare. A portion of the property will remain
undeveloped for possible future development.
D. A traffic study, conducted as part of the Environmental Impact Report, found no
significant impacts resulting from the proposed project. Furthermore, the
General Plan designates Woodruff Avenue a Major Arterial and Washburn Road
a Collector Street with their intersection improved with a traffic signal.
E. The conditions on the subject by this action as described in "Exhibit A ", are
necessary to preserve the health, safety and general welfare of the community
and enable the Planning Commission to make the findings set forth in the
section. The conditions are fair and reasonable for the accomplishment of these
purposes.
SECTION 3. The City Council certified an Environmental Impact Report at a duly
noticed public hearing on January 8, 2002 as part of Conditional Use Permit No. 00 -08 and the
other applications filed on the Subject Property in accordance with the provisions of the
California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Downey's
Revised Procedures for Implementing CEQA. The Statement of Overriding Considerations,
Findings of Facts, Mitigation and Monitoring Program are incorporated as part of this
Conditional Use Permit.
SECTION 4. Based upon the foregoing, the City Council approves the appeal and
approves Conditional Use Permit No. 00 -08 — a request to permit a church facility for property
at 12145 Woodruff Avenue, subject to conditions of approval attached hereto as "Exhibit A ",
and incorporated herein by this reference.
SECTION 5. This Conditional Use Permit shall become null and void unless
construction has commenced within one year of this approval and pursued diligently to
completion or a one -year extension of time granted by the Downey Planning Commission,
pursuant to Section 9166 of the Downey Municipal Code.
Resolution No.
Appeal of CUP No. 00 -08 —12145 Woodurff Avenue
22 January 2002 - Page 2
Resolution No. 6538
Downey City Council
SECTION 6. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 22nd day of January 2002.
MEREDITH H. PERKINS , Mayor
ATTEST:
"*ellet).9Y 9nea&A-4_,)
KATHLEEN L. MIDSTOKKE , City Clerk
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 22nd day of
JANUARY 2002 by the following vote, to wit:
AYES: 5 Council Members: Cartozi an , Tre jo , Winningham, McCarthy, Perkins
NOES: 0 Council Members: None
ABSTAINED:OCouncil Members: None
&e. )
KATHLEEN L. MIDSTOKKE , City Clerk
Resolution No.
Appeal of CUP No. 00 -08 — 12145 Woodurff Avenue
22 January 2002 - Page 3
Resolution No. 653$
Downey City Council
CONDITIONAL USE PERMIT No. 00 -08
EXHIBIT A – CONDITIONS
PLANNING
1) This approval is for Conditional Use Permit No. 00 -08, as shown on the approved
site plan and herein amended, received by the Downey Planning Division on
January 15, 2002 to establish a religious facility with a total floor area of 106,000+/ -
square feet, a main assembly area of 26,500 + /- square feet and 459 parking spaces ----
at 12145 Woodruff Avenue (Assessor Parcel No. 6283 - 013 -026). Deviations or
exemptions from said site plan, other than those authorized by this resolution or
those that do not impact other conditions, shall not be permitted without the approval
by the Downey Planning Commission.
2) This approval is for the following uses as shown on the table below:
resamingsmiNIUSemomPloolminieninosilHititittititertieratliittillitt", 11111100661011011111
........
.......:::.:::::....
Sanctuary/multi- purpose room Sundays 8am — 10pm 3,000 persons
(maximum 3 services per day) *Friday OR Saturday 8am -- 10pm 2,500 persons
ONE weeknight 6pm — lOpm 750 persons
All other times 250 persons
Offices Weekdays 7am — 7pm 50 employees
Sunday School Sundays 7am — 7pm 250 children wl
Daycare Weekdays 7am — 7pm
50 adults
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OVERALL HOURS: Gam —10pm — pp
* In addition, an occupancy of 2,500 persons may be used on for ONE "floater"
weekend /weekday per month as well as all major holidays.
3) 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
general welfare.
4) Design Review Board approval shall be required for the architecture, materials and
colors, landscaping /irrigation for all existing and proposed buildings /structures /areas.
5) A decorative wall /fence not less than 5.5 and not more than 6 feet in height above
finished grade shall be placed behind a 20 foot landscaped setback along the
Woodruff Avenue and Washburn Road frontages.
6) A solid masonry wall, not Tess than 5.5 feet and not more than 6 feet in height above
finished grade shall be constructed and maintained along the westerly and southerly
property lines as setforth in Section 9152 of the Downey Municipal Code.
Resolution No.
Appeal of CUP No. 00 -08 —12145 Woodurff Avenue
22 January 2002 - Page 4
Resolution No. 6538
Downey City Council
7) Low level Tight standards not to exceed 25 feet in height shall be placed in the
parking areas and shall be shielded and setback a minimum 46 feet from the
abutting residential zone and a minimum 20 feet from the public right -of -way as
setforth in Section 9152 of the Downey Municipal Code.
8) A decorative trash enclosure(s) shall be of sufficient size as required by the waste
disposal company. Such enclosure(s) shall be setback a minimum 46 feet from the
abutting residential zone.
9) All conditions of Conditional Use Permit No. 00 -08 shall be complied before the
Conditional Use Permit becomes valid.
10) This conditional use permit is subject to the adoption of General Plan Amendment
No. 00 -06, Zone Change No. 00 -07, Zone Variance No. 01 -65, Environmental
Assessment No. 01 -66 and Development Agreement No. 01 -104 before this
Conditional Use Permit becomes valid.
11) All conditions of Zone Variance No. 01 -65 shall be complied with before this
Conditional Use Permit becomes valid. In addition, the Mitigation and Monitoring
Programs of the Environmental Impact Report shall be incorporated as additional
conditions of approval.
ENGINEERING
12) All driveways for ingress and egress shall be should be clearly identified on the site
plan.
13) The two project driveways on Woodruff Avenue are located too close to each other
and shall be revised or one driveway removed to the standards of the Engineering
Division.
14) The owner /applicant shall construct/install curb, gutter, sidewalk, handicapped
ramps, portland cement driveway approaches, street trees, and pavement along the
property frontages of Washburn Road and Woodruff Avenue, to the standards of the
City Engineering Division. Any damaged curb, gutter, sidewalk, or driveway
approaches, along said street frontages, shall be replaced to the satisfaction of the
City Engineering Division.
15) The owner /applicant shall replace the northerly existing curb depression, not being
used, on Woodruff Avenue with curb and gutter to the standards of the City
Engineering Division.
16) The owner /applicant shall submit an engineered grading plan and drainage plan for
the site (prepared and sealed by a registered civil engineer in the State of California)
for approval by the Engineering Division and Building and Safety Division. All lot(s)
shall not have less than a one (1%) percent gradient on any asphalt or non -paved
surface, or less than one quarter (1/4 %) percent gradient on any concrete surface.
Resolution No.
Appeal of CUP No. 00 -08 — 12145 Woodurff Avenue
22 January 2002 - Page 5
Resolution No.6538
Downey City Council
17) The owner /applicant shall install 9500 - lumber high pressure sodium street light(s) on
a new marbelite standard(s) with underground service on the Washburn Road
frontage (170' intervals) and install 22,000 -lumer high pressure sodium street
light(s) on a new marbelite standard(s) with underground service on the Woodruff
Avenue frontage (70' intervals), all to the standards of the City Engineering Division;
and consents to the annexation of the property into the Downey City Lighting and
Maintenance District per Division 15 of the Streets and Highway Code.
18) The owner /applicant shall install all utilities underground, to the standards of the
City.
19) The owner /applicant shall provide that 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" Standard Plans and Specifications.
20) The owner /applicant shall receive approval of all necessary drainage by the City
Engineering Division.
21) The owner /applicant shall provide that the design and improvement of sewers shall
be to the standards of the City Engineering Division.
22) The owner /applicant shall obtain all necessary plan approvals and permits.
23) The owner /applicant shall incorporate appropriate post- construction BMPs into
project design and plans.
24) The owner /applicant shall submit and receive approval for an Urban Storm Water
Mitigation Plan.
25) The owner /applicant shall comply with the National Pollutant Discharge Elimination --
System (NPDES) requirements as established by the Clean Water Act, and as
required by the California Regional Water Quality Control Board.
26) The owner /applicant shall provide that all construction graffiti created as part of this
project in the public right of way be removed.
27) On- street parking shall remain prohibited on Woodruff Avenue, adjacent to the
project, to the standards of the City Engineering Division.
28) Ingress and egress to and from the project's Woodruff Avenue street frontage shall
be restricted to right turn in and right turn out movements, to the standards of the
City Engineering Division.
Resolution No.
Appeal of CUP No. 00 -08 —12145 Woodurff Avenue
22 January 2002 - Page 6
Resolution No. 6538
Downey City Council
BUILDING
29) All electrical and telephone utilities shall be installed underground or at the rear lot
lines to the standards of the City Engineering Division and Building and Safety
Division.
30) Obtain all necessary plan approvals and permits.
31) Submit complete plans for the Change in Use, plans shall be prepared by a
California State Licensed Architect drawn to scale on a minimum "D" size drawing.
32) Construction requirements as specified by the 1998 California Building Code shall
apply tot he change in use i.e. an A 2.1 shall comply with all the requirements of
Section 303.2.2.1 and 303.3 etc.
33) Fire Sprinkler systems and alarms shall be as specified for new buildings pursuant to
the requirements of the Downey Municipal Code.
34) The structures shall be brought into compliance with the 1998 California Building
Code Handicap Access Requirements.
35) The number of, and requirements for, plumbing fixtures shall comply with Table 4 -1,
1998 California Plumbing Code.
FIRE
36) On -site fire hydrants, 20' fire lanes around the structure, new buildings and buildings
undergoing significant remodel shall be sprinklered and alarmed, and KNOX access.
Details will be provided at plan check.
37) The use of turf block in parking areas and fire lanes shall be subject to review and
approval by the City's Fire Department.
MITIGATION AND MONITORING PROGRAM
38) All heavy equipment shall be maintained in a proper state of turn as per the
manufacturer's specifications. (during construction).
39) When operating on -site, trucks should not be left idling for periods exceeding two
minutes. Signage shall be provided at construction entrances on -site notifying all
contractors of requirements. (during construction)
40) When operating on -site, heavy equipment should not be left idling for periods
exceeding five minutes. Signage shall be provided at construction entrances on -site
notifying all contractors of requirements. (during construction)
Resolution No.
Appeal of CUP No. 00 -08 — 12145 Woodurff Avenue
22 January 2002 - Page 7
Resolution No. 6538
Downey City Council
41) Electric power shall be used to the exclusion of gasoline or diesel generators
whenever feasible. (during construction)
42) The applicant shall specify that the contractor use only low ROG paintings and
coatings. (during construction)
43) All paints and coatings shall be applied either using high volume, low pressure
(HVLP) spray equipment or by hand application. (during construction)
44) Consult with City staff regarding creation of open space in the City to replace open
space displaced by the proposed project. ( prior to construction)
45) Set aside fees, in an amount to be specified by the City, for the development of
additional open space in the City. (prior to construction)
46) Construction will be limited to those hours deemed acceptable in the City's Noise
Ordinance. (during construction)
47) Prior to issuance of a building permit, the project applicant shall submit an
emergency access plan to the City of Downey Fire Department. This plan will
identify alternate routes for emergency access during construction to areas
potentially blocked by project - related construction activities. (prior to construction)
48) Sufficient accessibility for fire fighting equipment shall be provided. The Downey
Fire Department shall review precise development proposals to ensure adequate
access and fire protection facilities. (during construction)
49) All buildings shall be constructed to conform with applicable State and City building
codes and Downey Fire Department safety standards. (during construction)
50) Space within one of the construction trailers shall be provided for the Fire
Department inspector. This would allow for direct contract between the Fire
Department and buildings /contractors during construction. (during construction)
51) The project applicant shall pay all applicable fire facility fees required by the City of
Downey Fire Department. (during construction)
52) Prior to issuance of a building permit, the project applicant shall submit an
emergency access plan to the City of Downey Police Department. This plan will
identify alternate routes for emergency access during construction to areas
potentially blocked by project - related construction activities. (prior to construction)
53) The project applicant shall be required to comply with City and Police Department
requirements related to safety and emergency access. (during and post-
construction)
Resolution No.
Appeal of CUP No. 00 -08 — 12145 Woodurff Avenue
22 January 2002 - Page 8
Resolution No. 6538
Downey City Council
54) The project applicant shall implement waste reduction programs and recycling
� pp
programs during construction and operations. (during construction)
g rams project
Adequate on -site storage facilities for collection of recyclable materials shall be
provided. (during construction)
H. \P
LANNING \JASON \Cases\ZC & GPA \1999 & 2000 \GP 00 -006 Boeing Fitness \staff reports \cc reports \CUP 00 -08 \cu 00 -08 cc
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Resolution No.
Appeal of CUP No. 00 -08 —12145 Woodurff Avenue
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