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HomeMy WebLinkAboutResolution No. 6083 RESOLUTION NO. 6083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 97-32 FOR A COMPUTER TRAINING FACILITY FOR THE PROPERTY LOCATED AT 8151 THIRD STREET 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 Len Nelson, (hereinafter "Applicant") requesting a conditional use permit to establish a computer training facility in the C-3 (Central Business District) zone [C-2 (General Commercial) parking area only] for the property located at 8151 Third Street, Downey, California (hereinafter"Subject Property"). B. The Planning Commission held a duly noticed public hearing on July 2, 1997, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1880 approving the conditional use permit. C. On July 17, 1997, a timely appeal from the action of the Planning Commission adopting Resolution No. 1880 approving the conditional use permit was filed with the City Clerk. D. The City Council held a duly noticed public hearing on August 26, 1997 concerning this appeal and fully and carefully considered all oral and written testimony and all facts and opinions offered at the aforesaid public hearing prior to adopting this resolution. 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. 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 conditions have been developed to insure that the use can be done at the site and this property is zoned C-2 and C-3, zones that permit trade schools with a Conditional Use Permit. The conditions imposed ensure that the use on the Subject Property is appropriate for the site. • Page 2 Resolution No. 6083 Conditional Use Permit 97-32 B. 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 conditions of approval are being adopted to protect surrounding properties. These conditions include, but are not limited to the applicant's submittal of a parking and circulation plan for the site. C. The size and shape of the Subject Property are adequate to allow the proposed use in a manner not detrimental to the particular area because the site is approximately 29,000 square feet. This site and parking located within its boundaries is sufficient to accommodate the proposed use and will not be a detriment to the area. Further, a condition is being imposed requiring sufficient parking on the site be available for the proposed uses. D. The traffic 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 use is an accessory use to a permitted computer sales office, which will not generate additional traffic beyond the incidental. E. The conditional use permit approved by this resolution is consistent with and in conformance with the General Plan of the City of Downey and each of the chapters thereof because the General Plan designates this area as mixed use commercial, which includes trade schools subject to a conditional use permit. F. The conditions imposed on the Subject Property by this action as described in Exhibit A of Planning Commission Resolution 1880, 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. G. The environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (C.E.Q.A.) and is categorically exempt, Class 3. 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 approves Conditional Use Permit No. 97-32 subject to conditions of approval attached hereto as Exhibit A. • Page 3 Resolution No.6083 Conditional Use Permit 97-32 SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 26th day of August, 1997. Barbara J. Ri y, Mayor ATTEST: r .(7,17 it !I %'J,udith E. McDonnell, 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 26th day of August, 1997, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: McCaughan, Lawrence, Brazelton, Riley NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCarthy ABSTAIN:0 COUNCILMEMBERS: None ,/Judith E. McDonnell, City Clerk Page 4 Resolution No. 6083 Conditional Use Permit 97-32 EXHIBIT A -CONDITIONS PLANNING 1. This approval is to permit a computer training facility as part of an existing retail computer sales facility on property zoned C-3, Central Business District, as shown on the approved site plan, and herein amended, received by the Planning Division on May 27, 1997. Deviations or exceptions from said site 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 Conditional Use Permit No. 9742 shall be complied with before this Conditional Use Permit becomes valid. 4. The applicant shall provide to the Planning and Engineering Divisions plans for the proposed parking area. These plans shall ensure proper circulation and sufficient parking accommodate the proposed uses. 5. If City approval is contingent on any changes to the plans as submitted, the applicant shall submit three copies of revised plans, incorporating all approved amendments, overlays, modifications, etc. to the Planning Division prior to the issuance of building permits. BUILDING & SAFETY 6. Obtain all necessary plan approvals and permits. 7. All improvements shall conform to handicap-accessability requirements. ENGINEERING 8. Obtain all necessary Engineering permits. 9. All replacement curbs and gutters shall be constructed to the standards of the Engineering Division. •