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HomeMy WebLinkAboutPC Resolution 13-2817 RESOLUTION NO. 13 -2817 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -12 -00285 REGARDING A CONDITIONAL USE PERMIT, A REQUEST TO MERGE TWO (2) LOTS INTO ONE (1) LOT, AND THE ARCHITECTURAL DESIGN, EXTERIOR BUILDING MATERIALS, OFF - STREET PARKING, AND LANDSCAPING NECESSARY TO FACILITATE THE EXPANSION OF THE SWAMI NARAYAN TEMPLE ON PROPERTY LOCATED AT 12147 -12157 LAKEWOOD BOULEVARD AND ZONED C -2 (GENERAL COMMERCIAL) THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On March 6, 1996, the Planning Commission approved Conditional Use Permit No. 96 -11, and on June 26, 1996, the Design Review Board approved DRB Case No. 96 -46 to convert a restaurant building into a Hindu temple (Swami Narayan Temple) at 12147 Lakewood Boulevard. B. On March 19, 1997, Swami Narayan Temple (hereinafter "the Applicant) obtained the Planning Commission's approval to modify the conditional use permit, which allowed them to demolish the restaurant and construct a 5,368 square foot temple, which includes a 2,623 square foot assembly area, a priest's retreat, an office area, a kitchen /dining space, and fifty (50) parking spaces. C. On August 4, 2010, the Temple obtained the Planning Commission's approval to remove Condition No. 5 of Parcel Map No. 16463, thereby eliminating a requirement for a twenty foot (20') wide vehicular easement along the westerly property line of the southerly three (3) lots (Parcels 2, 3, and 4) of said parcel map. D. The Applicant owns the adjacent parcel to the south, 12157 Lakewood Boulevard. E. On November 21, 2012, Mr. Masood Mian submitted a Land Use Permit Application (PLN -12- 00285) on behalf of the Applicant, to facilitate the construction of a 9,653 square foot, three -story building addition to the Swami Narayan Temple, 65 off - street parking spaces including 39 spaces in a subterranean parking garage, and landscaping by extending the temple to the property at 12157 Lakewood Boulevard. F. PLN -12 -00285 involves the Planning Commission's consideration and approval of the following: a lot merger to combine the two properties 12147 and 12157 Lakewood Boulevard into one; site plan review to evaluate the proposal's compliance with the City's development standards; and a conditional use permit to utilize the subject site for the church. G. The subject properties are zoned C -2 (General Commercial). H. The General Plan designation of the subject property is GC (General Commercial). Resolution No. 13 -2817 Downey Planning Commission On March 7, 2013, notice of the pending public hearing for PLN -12 -00285 was published in the Downey Patriot on and it was mailed to all property owners within 500 feet of the subject site on March 8, 2013. J. The Planning Commission held a duly noticed public hearing on March 20, 2013, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No.13 -2817, approving PLN 12- 00285. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to comply with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, Infill Developments). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission further finds, determines and declares that: Conditional Use Permit A. The requested conditional use permit for the temple addition will not adversely affect the purpose and intent of the Downey Municipal Code, or the public convenience or general welfare of persons residing or working in the neighborhood nearby because the temple is compatible with the development patterns in the, it is an appropriate use of land in the C -2 (General Commercial) zone, the size and shape of the subject property meet the City's development standards for the C -2 zone, the use satisfies the parking requirements for places of religious worship, and it provides appropriate vehicular access from Lakewood Boulevard and from Alameda Street. B. The proposed conditional use will not adversely affect the adjoining land uses since the proposed use conforms to its C -2 zone development standards, other uses in the vicinity are more intense than the temple, and because the Swami Narayan Temple building, which has existed in this location since 1999, is sufficiently removed from the residential properties to the west. C. The size and shape of the subject property is generally adequate to allow for the Swami Narayan Temple building addition, because the total land area of the merged parcels is approximately one acre in size, 43,686 sq. ft., which is large enough to accommodate the proposed addition. The new structure will cover less than 50% of the church site; it will be more than 46 feet from the abutting residential zone, and less than 45 feet in height. D. The subject site is at the northwest corner of Lakewood Boulevard and Alameda Street. This intersection is the gateway to a residential area to the west. Alameda Elementary School is located approximately 500 feet from the subject property. Alameda Street is approximately 725 feet north of the primary access to the Tierra Luna development site. Nevertheless, staff has reviewed the proposal and any potential increase in traffic caused by the expansion of the temple building. It is staffs opinion that the surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that the use will generate. PLN -12 -00285 12147 -12157 Lakewood Boulevard March 20, 2013 - Page 2 Resolution No. 13 -2817 Downey Planning Commission 1, Lot Merger E. The merged parcel conforms to the "General Commercial" land use designation of Downey Vision 2025 (the City's General Plan), and to the minimum lot width, lot depth, and lot area requirements of the C -2, Neighborhood Commercial zone. There are specific plans applicable to the subject site. F. The development of the merged parcel creates no public health, safety of welfare hazards. G. The merged parcel is located within a commercial area, with public roads and public utilities in place. H. The two existing parcels are legally created standard parcels, created by Parcel Map No. 16463, and are owned in common by the same owner. The merged parcel does not require right -of -way or utility easement dedications, parking or access agreements. Site Plan Review J. Those goals and policies of the Downey General Plan (Vision 2025) are addressed as follows: Goal 2.5 of the Circulation Element is, "Address the impacts from the lack of parking," while Policy 2.5.1 seeks to provide for adequate parking to meet parking demands. The proposed site plan meets the minimum quantity of off - street parking spaces required for churches and other places of religious worship on the subject property. Goal 8.1 of the Design Element is "Promote quality design for new, expanded and remodeled construction" and Policy 8.1.1 seeks to promote architectural design of the highest quality. The applicant proposes to construct the building addition as an attractive East Indian styled temple with a modern form that reflects the style of the existing temple building. Goal 9.1 of the General Plan is "Attract and retain businesses" and Program 9.1.1.5 seeks to continue the revitalization of commercial and industrial corridors. The proposed building will continue the revitalization efforts of Lakewood Boulevard and the area surrounding the Tierra Luna site. K. PLN -12 -00285 proposes a 9,701 square foot addition to an existing 5,368 square foot Hindu temple, at the northwest corner of Lakewood Boulevard and Alameda Street. The subject property is zoned C -2 (General Commercial). The C -2 Zone is intended to provide for and encourage the orderly development of general commercial uses, with a wide variety of goods and services, for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development. The project PLN -12 -00285 proposes is in accordance with the purposes and objectives of the C -2 Zone for the following reasons: the proposed 9,701 square foot addition to the temple is designed for religious purposes, which is a use that is appropriate for the Zone; the architectural design of the proposed addition will compliment the existing Hindu temple building and it will incorporate exterior building materials that are commonly used for residential construction; and the proposed addition will create an attractive building and effectively PLN -12 -00285 12147 -12157 Lakewood Boulevard March 20, 2013 - Page 3 Resolution No. 13 -2817 Downey Planning Commission eliminate an unattractive commercial use near a residential area and visible from the Tierra Luna site. L. The architectural design of the existing building features a traditional East Indian .41 styled temple with a modern form. The rectangular- shaped building features a porte cochere at the main entrance, a dome above the roof, decorative cornices, stucco treatments and stone. The building PLN -12 -00285 proposes seeks to maintain this architectural style with the building expansion. The addition will be forty -feet tall and adorned with a flat roof, decorative columns, stone, and stucco treatments to match the existing building. M. Lakewood Boulevard and Alameda Street will provide vehicular access to the Swami Narayan Temple. The temple site features two driveways on Lakewood. The northernmost driveway is the primary vehicular entrance as it allows access to the parking areas adjacent to the north and south sides of the building, and to the drop off area beneath the porte cochere. The southerly driveway on Lakewood serves as an exit from the porte cochere. The Applicant has proposed subterranean parking and ground -level parking areas beneath the building addition. Vehicles will access the subterranean parking by using the northerly Lakewood driveway to reach a ramp on the west side of the building. Vehicles will approach the ground -level parking spaces from the west side of the existing temple and from Alameda Street. The building conveys an attractive architectural design and the project incorporates plant materials that will compliment the surrounding area. N. The proposed building addition reflects a contemporary Hindu architectural design that incorporates common materials and features used on the existing temple and found on many buildings in the vicinity. O. PLN -12 -00285 proposes to upgrade the subject property by constructing an addition to an existing Hindu temple, with new landscaping and parking facilities. This proposal will improve property values in the vicinity, improve the streetscape of Lakewood Boulevard and Alameda Street, and result in a contemporary structure that complies with current Building Code and Fire Code regulations for structural integrity and fire safety. The building design will compliment the Tierra Luna commercial development to the east. The Swami Narayan Temple building addition will result in an attractive project and should become an impetus for neighboring commercial property owners to revitalize their property. P. The Conditions of Approval for PLN -12 -00285 will include a condition stating that the design features will incorporate graffiti resistant materials. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN -12 -00285 (Conditional Use Permit, Lot Merger, and Site Plan Review) subject to the conditions of approval attached hereto as Exhibit A, which 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 previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. PLN -12 -00285 12147 -12157 Lakewood Boulevard March 20, 2013 - Page 4 Resolution No. 13 -2817 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20 day of March 2013. /if / eEJis Moral -s, Chairman C,?y Planni g Commission I HEREBY CERTIFY that the foregoing is a true copy Izf a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 20 day of March, 2013, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer, and Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary Ca , anagh, Secretary 4 City Planning Commission PLN -12 -00285 12147 -12157 Lakewood Boulevard March 20, 2013 - Page 5 Resolution No. 13 -2817 Downey Planning Commission EXHIBIT A - CONDITIONS PLN -12 -00285 (Conditional Use Permit, Lot Merger, and Site Plan Review) 1) The approval of PLN -12 -00285 involves the approval of a conditional use permit to allow the property at 12147 Lakewood Boulevard as a temple of religious worship; a lot merger to consolidate two existing parcels (12147 and 12157 Lakewood Boulevard) into one legal parcel; and site plan review to permit the construction of a 9,653 square foot, three - story building addition to the Swami Narayan Temple (12147 Lakewood Boulevard), on property located at 12157 Lakewood Boulevard, 65 off - street parking spaces including 39 spaces in a subterranean parking garage, and landscaping. 2) Approval of this PLN -12 -00285 shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions, if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 4) The Owner /Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 5) The Applicant shall comply with all conditions of approval set forth in this resolution before the Conditional Use Permit becomes valid. 6) Noise generated from the temple shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. 7) All signs shall comply with the requirements set forth in the Downey Municipal Code. 8) The applicant shall remove any graffiti applied on the site within 48 hours. 9) All roof - mounted mechanical equipment shall be screened from view. The working drawings shall include a cross - section detail to illustrate that the height of the building parapet is sufficient to screen all roof - mounted equipment from view. PLN -12 -00285 12147 -12157 Lakewood Boulevard March 20, 2013 - Page 6 Resolution No. 13 -2817 Downey Planning Commission 10) The Secretary of the Planning Commission is directed to record a notice of merger. The Notice of Merger shall contain the name of the recorded owner, legal description of the existing standard parcels and new legal description of the merged parcel. 11) The Secretary of the Planning Commission is directed to certify the adoption of this Resolution. 12) All developments in excess of $500,000 valuation that involve the construction or reconstruction of light industrial, commercial or residential buildings (over 4 units) shall be subject to the Public Arts Program. The Applicant shall either install public art on their property or pay a cash payment equal to the public arts fee in accordance with the City of Downey Manual for Arts in Public Places. 13) The Applicant shall incorporate anti - graffiti elements into the building design, such as non - porous coatings on exterior wall surfaces, plant materials, and anti - graffiti film on windows, subject to the approval of the City Planner. 14) Planting areas shall be maintained permanently, which includes proper watering, pruning, mowing of lawns, weed abatement, removal of litter, fertilizing, and replacement of plants and other materials when necessary. 15) The Applicant shall demolish the existing building on the site within 120 days of the Planning Commission's approval of PLN -12- 00285. 16) All new buildings to be constructed for any occupancy use shall be protected by an approved Automatic Fire Extinguishing System throughout, installed in accordance with nationally recognized standards, when the total floor area of such building exceeds three thousand six hundred (3,600) square feet. This provision shall also apply when said building(s) have been vacated for one year or more ". DMC Section 3321. 19) The owner /applicant shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 17) The owner /applicant shall install all utilities underground. 20) The owner /applicant shall furnish and install fire hydrant(s) and dedicated fire protection lateral(s) including backflow devices, fire department connections and other appurtenances as required by the Department of Public Works and the Downey Fire Department. Such improvements may include removal and /or replacement of existing fire hydrants, laterals, backflow devices, and associated facilities with new facilities to current Downey standards and materials. Backflow devices, fire department connections, and associated appurtenances are to be located on private property and shall be readily accessible for emergency and inspection purposes. 18) The owner /applicant shall furnish and install the public recycled water improvements, including extension and /or replacement of existing mains and associated facilities, necessary to utilize recycled water for irrigation of landscaping, as reasonably required to service the site. PLN -12 -00285 12147 -12157 Lakewood Boulevard March 20, 2013 - Page 7 Resolution No. 13 -2817 Downey Planning Commission 19) The shape of the windows and the window accents on the building addition shall match the shape of the windows and the window accents on the existing temple. j 20) Provide a horizontal band on the east elevation of the building addition to match the existing temple. 21) The building accents on the proposed addition shall match the shape and style of accents provided on the existing temple. 22) Decorative columns and building accents shall integrate with the style and character of the building. PLN -12 -00285 12147 -12157 Lakewood Boulevard March 20, 2013 - Page 8