HomeMy WebLinkAboutPC Resolution 14-2865 RESOLUTION NO. 14-2865
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-13-00219),
THEREBY THE INSTALLATION OF A SECOND DRIVE-THRU ATM FOR
BANK OF AMERICA ON PROPERTY LOCATED AT 10010 PARAMOUNT
BLVD, ZONED C-2 (GENERAL COMMERCIAL) & P-B (PARKING BUFFER).
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 October 21, 2013 the applicant submitted an application requesting a Conditional
Use Permit (PLN-13-00219) to install the second drive-thru ATM on the subject site.
This application was deemed incomplete by staff, due to missing information, on
November 19, 2013. On January 13, 2014, the applicant resubmitted plans to the City
for consideration. After a careful review of the request, the application was deemed
complete on January 15, 2014; and,
B. On January 23, 2014, notice of the pending application published in the Downey Patriot
and mailed to all property owners within 500' of the subject site; and,
C. The Planning Commission held duly noticed public hearing on February 5, 2014, and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing adopted this resolution.
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 regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
1. The requested Conditional Use Permit will not adversely affect the purpose and intent of
the zoning code 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 has a
General Plan Land Use Designation of General Commercial and zoning of C-2 (General
Commercial) & P-B (Parking Buffer). It is the intent of the land use designation and
zoning to provide commercial and service uses in the City in order to serve the broadest
community and regional needs. According to the General Plan, "The General
Commercial designation allows for a full range of commercial uses including shopping
centers, automobile dealerships, hotels, offices, and automobile repair." Furthermore, it
is a goal of the General Plan to "Ensure the continued fiscal balance of the community'
(Goal 9.3). Inasmuch as the use will support an existing bank this Conditional Use
Permit is consistent with the intent of the General Commercial Land Use Designation
and Goal 9.3 of the General Plan. For this reason, approval of the project is consistent
with the goals, policies, programs, and land uses of all applicable elements of the
General Plan.
Resolution No. 14-2865
Downey Planning Commission
2. 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 subject site is within
a fully developed area of the City, with little to no vacant properties in the immediate
area. The proposed ATM is proposed to the rear of the main building and will support
the existing bank on the site. The site and building can contain the use, without creating
an impact to the area. Notwithstanding this, several conditions of approval have been
included with this resolution, which will serve to mitigate any potential impacts on the
neighboring properties. Furthermore, the success of this business can serve to draw
people into the area, which will encourage further growth and development of the area.
3. 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 subject site is an approximate 39,580 square foot rectangular-shaped lot that is
currently improved with office building. There is sufficient parking to accommodate the
use, as well as provide sufficient area for the ATM to be added without reducing parking
or hindering on-site circulation, and this approval does not include an expansion of the
building, the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The subject site is accessed from Paramount Blvd, a
primary arterial roadway within the City. The City has reviewed this project for potential
increases in traffic and how this could affect the capacity of Paramount Blvd. It has been
determined that Paramount Blvd has sufficient capacity to absorb the existing traffic load
and any potential increased created by the operation of the new ATM, without impacting
the level of service of Paramount Blvd.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding allowing the use within the P-B (Parking Buffer) zone, the
Planning Commission further finds, determines and declares that the proposed lot was created
in good faith and approval of the project is in spirit with the overall development code.
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby approves the Conditional
Use Permit (PLN-13-00219), 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.
Conditional Use Permit(PLN-13-00219)—10010 Paramount Blvd
February 5,2014-Page 2
Resolution No. 14-2865
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of February, 2014.
%1l i �1
ouis Morals, Chairman
City Planni, g 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 5th day of February,
2014, by the following vote, to wit:
AYES: COMMISSIONERS: Morales, Kiefer, Lujan, Flores and Rodriguez
ABSENT: COMMISSIONERS: None
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None (-/
Mary Ca anagh, Secretar
City Planning Commission
Conditional Use Permit(PLN-13-00219)—10010 Paramount Blvd
February 5,2014-Page 3
Resolution No. 14-2865
Downey Planning Commission
CONDITIONAL USE PERMIT
PLN-13-00219
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit permits the installation of a second drive-thru
ATM for Bank of America at the subject site. Additionally, this approval allows said ATM
to encroach 32' into the P-B (Parking Buffer) Zone.
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) 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) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
6) All signs shall comply with the requirements set forth in the Downey Municipal Code.
7) All onsite lights shall be directed, positioned, and/or shielded such that they do not
illuminate surrounding properties and the public right-of-way. Prior to the issuance of
Building Permits, the applicant shall submit an illumination plan that demonstrates
compliance with this requirement.
8) Drive-thru lanes shall maintain a minimum width of 12' at all times
9) Prior to the final of building permits, the applicant shall install No Parking signs along the
north property line. This parking restriction shall be enforced by the business owner at
all times.
BUILDING
10) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey, and Title 24 of the California Energy Code.
Conditional Use Permit(PLN-13-00219)—10010 Paramount Blvd
February 5,2014-Page 4
Resolution No. 14-2865
Downey Planning Commission
11) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
FIRE DEPARTMENT
12) Plans to be submitted through Building and Safety and shall comply with the most recent
version or the California Fire Code, as adopted by the City of Downey; current Downey
Municipal Code Ordinances and any other pertinent requirements to be determined at
time of plan submission and review.
PUBLIC WORKS
13) All new onsite utilities shall be installed underground.
14) The owner/applicant shall be required to complete a construction & demolition (C&D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
15) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act;
the General Construction Activities Stormwater Permit (GCASP) of the State, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Ordinance 1142 of the Downey Municipal Code. Furthermore, the
owner/applicant shall provide a design that conveys all onsite drainage over a vegetative
swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite
using either surface detention basins or below grade facilities with flow in excess of the
first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles
County Public Works storm drain
16) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
Conditional Use Permit(PLN-13-00219)—10010 Paramount Blvd
February 5,2014-Page 5