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Home My WebLink AboutResolution No. 6193 RESOLUTION NO. 6193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT 98-37 FOR A DAY CAREIPRE-SCHOOL FACILITY ON PROPERTY LOCATED AT 12739 LAKEWOOD BOULEVARD ZONED C-1 (NEIGHBORHOOD COMMERCIAL). CONDITIONAL USE PERMIT#98 -37 THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City of Downey hereby finds, determines, and declares that: A. The City of Downey's City Council has considered an appeal of Conditional Use Permit 98-37, including the required 19 conditions of approval originally required for this development, for properties located at 12739 Lakewood Boulevard (hereafter known as property), B. This property's zoning is C-1 (Neighborhood Commercial), and is developed with a one-story office building; and C. Said property is an irregularly shaped parcel containing a total of 20,370+ square feet of land; and D. The City Council held a duly noticed public hearing on this request on August 25, 1998, and fully considered all oral and written testimony and facts and opinions offered at that hearing; and E. The City Council finds that the subject property is adequate in size to provide sufficient areas to handle the amount of traffic that could be generated by the requested day care facility and that it will not conflicts with the activities on surrounding properties if the 19 conditions of approval proposed are complied with as part of this applicant and that this use would be an appropriate land use for this site and; F. The City Council further finds that the utilization of this site, for a day care facility will not interfere with the proper growth and development of this area and that this site is large enough to protect the public's convenience and general welfare and; G. The City Council has considered the effects of this decision on the housing needs of the region in which the City is located and balanced those needs and found that while the proposed use would not adversely impact these needs and; Resolution No. 6193 Conditional Use Permit#98-37 Page 2 ^-r H. Based upon Studies and comments received it was determined that there is no substantial evidence that the requested modification will have a significant adverse effect upon the environment, and that this project was found to be a Class I, Categorically Exempt project from the California Environmental Quality Act. SECTION 2. The City Council hereby denies the appeal and grants this Conditional Use Permit No. 98-37 subject to the applicant complying with all of the conditions of approval which are hereby established by Exhibit ".A". PASSED, APPROVED and ADOPTED this 25th day of August, 1998. Ifif ' rimy GAR' P. •C CAUGHAN irMayor ATTEST: J dith E. McDonnell, City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Downey at a regular meeting thereof held on the 25th day of August, 1998, by the following vote: AYES: 5 Councilmembers Brazelton, McCarthy, Riley, Lawrence, McCaughan NOES: 0 Councilmembers None ABSENT: 0 Councilmembers None ABSTAIN: 0 Councilmembers None a� or.ith E. McDonnell, City Clerk s:\wpwin\agda0825cup9837res Resolution No.6193 Conditional Use Permit#98-37 Page 3 EXHIBIT "A" CONDITIONS OF APPROVAL CUP 98-37 PLANNING 1 . This Conditional Use Permit approval permits the use of an existing building at 12739 Lakewood Boulevard to be used for a day care/pre- school facility, for up to seventy (70) children, with 14 vehicle parking spaces and a turn around area as shown on the approved plans dated July 7, 1998. 2. The Planning Commission shall retain jurisdiction to amend or add conditions to this Conditional Use Permit with public notice, to assure compatibility with the purpose and intent of Comprehensive Zoning Ordinance and to protect the public health, safety, and general welfare. 3. All conditions of Conditional Use Permit 98-37 shall be complied with before and as long as this facility is used for this school. 4. The applicant shall submit plans for review by the City's Design Review Board for any alterations to the building's elevation, signing, landscaping and irrigation proposed. 5. A trash storage area shall be provided on this site, it shall be perman- ently maintained, providing a minimum size of fifty (50) square feet in area. Said outside storage shall be enclosed with a solid Masonry or opaque metal wall and appropriate gates, and said enclosure shall not be less than five feet nor more than seven feet in height, as shown on the approved plot plan. All storage maintained within the trash storage area shall not extend above the height of the required wall. No trash receptacles or storage shall be maintained in required parking spaces or driveways. 6. The applicant shall provide an access way to all play areas which is separated from the driveway/parking and turn around areas on this site and shall confine all student activities to areas which are not used for vehicle access or parking. ENGINEERING: 7. The applicant shall repair, as determined necessary by the City Engineering Division, all parking lot and driveway areas ensuring that the pavement has a minimum section of 4" thick aggregate base and a minimum of 2-1/2" thick asphalt concrete paving. Resolution No.6193 Conditional Use Permit#98-37 Page 4 8. The applicant shall submit a drainage plan for this site (prepared by a registered Civil Engineer) for approval by the Engineering and the Building and Safety Divisions of the City of Downey. The subject property shall drain to Lakewood Boulevard and have not less than a one (1 %) percent grade, and whenever the grade differential exceeds one foot, a retaining wall shall be provided. 9. The applicant shall ensure that all work shall be performed to the standard of improvement, with construction materials, and methods of construction to 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. 10. The applicant shall provide all necessary drainage structures to the Standards of the City's Engineering Division. 11 . The applicant shall provide a 55 foot diameter turn-around area as shown on the project's plans and it shall be retained in a serviceable manner for vehicle usage at all times being kept open to ensure that patrons exiting this site can exit in a forward manner to Lakewood Boulevard. 12. The applicant shall cause the curbing and the passenger loading zone along the south side of the existing building to be painted with red curbing to the standards of the City's Engineering Division. 13. The applicant shall take all needed steps to ensure that this property will comply with the NPDES National Polution Discharge Elimination System as established by the U.S. Clean Water Act. 14. The applicant shall install a "No left turn" Sign at the driveway exit at Lakewood Boulevard, and the applicant shall make provisions with the City for Lakewood Boulevard restriping to prohibit northbound left turns to the standards of the City Engineering Division. 15. The applicant shall repair any damaged curbs, gutters, sidewalks or driveway approaches to City Standards. BUILDING AND SAFETY: 16. The applicant shall provide separate sewer 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 if it is determined, by the City, that the service to the subject site is not acceptable based on City Standards. Resolution No.6193 Conditional Use Permit#98-37 Page 5 17. The applicant shall underground all utilities for this property to the City's Standards to the nearest off site connection as determined necessary by the Engineering and Building and Safety Divisions. 18. The applicant shall provide all improvements to this facility for its Change of Occupancy to accommodate the proposed new use as may be required by the City's Building and Safety Division and its Fire Department, including the providing of one hour construction for corridors, exit doors, panic hardware as required by the City's Codes and the UBC. FIRE: 19. The applicant shall comply with all of the requirements established for this school facility as required by the UBC and the UFC codes for "E" occupancies and the City's local fire requirements, including the installation of a fire alarm system and fire sprinklers as required by the City of Downey Fire Department. H:\PLANNING\RESOS\CUP9837C.RES