HomeMy WebLinkAboutPC Resolution 13-2857 RESOLUTION NO. 13-2857
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00202 (CONDITIONAL USE PERMIT), THEREBY ALLOWING A
RETAIL STORE THAT INCLUDES THE SALE OF ITEMS ON CONSIGNMENT (USED
RETAIL), ON PROPERTY LOCATED AT 11426 OLD RIVER SCHOOL ROAD, 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 September 20, 2013, the applicant, Mr. Roberto Arredondo, submitted an
application for PLN-13-00202 (Conditional Use Permit), requesting approval of a
conditional use permit application to allow a used retail store that includes the
sale of items on consignment, within a multi-tenant commercial building, on
property zoned C-2 (General Commercial); and,
B. On October 21, 2013, staff deemed the application complete, thus allowing it to
be scheduled for a public hearing; and,
C. On October 24, 2013, notice of the pending public hearing was sent to all
property owners within 500' of the subject site and the notice was published in
the Downey Patriot; and
ir
L E. The Planning Commission held a duly noticed public hearing on November 6,
2013, and, after fully considering all oral and written testimony and facts and
opinions offered at aforesaid public hearings, adopted Resolution No. 13-2857,
subject to conditions of approval (Exhibit A).
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
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities).
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:
1. That the requested conditional use permit will not adversely affect the
intent and purpose of this article or the City's General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof.
The subject site's use as a used retail business is consistent with its General
Plan designation of"General Commercial." The request will be compatible with
the development patterns in the area and the scale is small enough that it will not
impact nearby uses. The proposed use requires only four (4) parking spaces, an
amount that is consistent with the amount of parking this center was designed to
accommodate for retail uses. Furthermore, the site contains sufficient parking for
the proposed use.
Resolution No. 13-2857
Downey Planning Commission
2. That the requested 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.
The development on the subject property is oriented towards Old River School
Road and located within a commercial center. The subject property is currently
used as a multi-tenant retail center. As such, the proposed retail store will not
adversely affect the adjoining land uses since the proposed use will conform to
its C-2 zone development standards, with the approval of this Conditional Use
Permit. In addition, surrounding properties are already developed with general
commercial uses.
3. 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 size and shape of the subject property is adequate to allow the full
development of the proposed use in a manner not detrimental to the area. The
subject property covers approximately 76,860 square feet of land, with 384.26
feet of frontage along Old River School Road and 200.11 feet of frontage along
Burns Avenue, which exceeds the minimum requirements of the Downey
Municipal Code.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area.
The traffic generated by the proposed will not impose an undue burden upon the
streets and highways in the area. A major arterial street (Firestone Boulevard), a
secondary arterial street (Old River School Road), and a collector street (Burns
Avenue) border the subject property. Firestone Boulevard provides immediate
access to the Interstate 710 Long Beach Freeway and the Interstate 605 San
Gabriel River Freeway and serves a through route for traffic passing east and
west through the City. Firestone Boulevard and Old River School Road have
sufficient capacity to absorb any additional traffic the requested use may create.
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-13-00202
(Conditional Use Permit), subject to 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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of NI- •er. 2013.
ouis Mor:les, Chairman
City Pla ing Commission
j
PLN-13-00202(CUP)—11426 Old River School Rd
November 6,2013-Page 2
Resolution No. 13-2857
Downey Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
Planning Commission of the City of Downey at a regular meeting thereof held on the 6th day of
November, 2013 by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Lujan
ABSTAIN: COMMISSIONERS: None
Objetriiik_Mary C vanagh, Secr
City Planning Commission
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PLN-13-00202(CUP)—11426 Old River School Rd
November 6,2013-Page 3
Resolution No. 13-2857
Downey Planning Commission
PLN-13-00202
(CONDITIONAL USE PERMIT)
EXHIBIT A— CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-13-00202 (Conditional Use Permit) allows the operation of a retail
store that includes the sale, trade, and buy of items on consignment (used retail), on
property at 11426 Old River School Road in Downey.
2) Approval of this Conditional Use Permit 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) All conditions of approval for PLN-13-00202 (Conditional Use Permit) shall be complied
with before the Conditional Use Permit becomes valid.
5) The owner/applicant shall not permit any loitering on the property.
6) The owner/applicant shall obtain a "secondhand dealer" license and shall comply with
and strictly adhere to all conditions of any permit issued by the State of California, under
Business and Professional Code Section 21625-21647.
7) 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.
BUILDING
8) If applicable, all construction shall comply with the 2010 California Building Code and
Title 24 of the California Energy Code.
9) Prior to the commencement of any construction, the owner/applicant shall obtain all
required permits and necessary inspections prior to beginning operation of the site.
PLN-13-00202(CUP)—11426 Old River School Rd
November 6,2013-Page 4