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Home My WebLink AboutPC Resolution 14-2877 RESOLUTION NO. 14-2877 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00065 (CONDITIONAL USE PERMIT), A REQUEST TO OPERATE A BARBERING AND BEAUTY SCHOOL (COSMETICA BEAUTY AND BARBERING SCHOOL) WITHIN A COMBINED 4,812 SQUARE FOOT SPACE (FIRST AND SECOND FLOORS), ON PROPERTY LOCATED AT 9050 TELEGRAPH ROAD, SUITES 101 AND 201, 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 12, 2014, Ms. Maria Teresa Villarreal (hereinafter"applicant")filed a Land Use Permit Application, requesting Planning Commission approval of PLN-14-00065 (Conditional Use Permit), to establish a barbering and beauty school, on property at 9050 Telegraph Road, Suites 101 & 201, and zoned C-2 (General Commercial) (hereinafter"subject property") (Assessor Identification No.AIN 6388-002-003); and, B. On May 8, 2014, 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, C. The Planning Commission held a duly noticed public hearing on May 21, 2014 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1 4-2877, 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: A. The requested conditional use permit will not adversely affect the purpose and intent of this chapter 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 is developed with office uses and is consistent with its General Plan designation of"Neighborhood Commercial." The request use will be compatible with the development pattern in the area and the project scale is small enough that it will not impact nearby uses. The proposed barbering and beauty school requires thirty- two (32) parking spaces, an amount that is consistent with the amount of parking this center was designed to accommodate for business, professional,vocational schools, and office uses. Furthermore, the proposed school will broaden career opportunities for residents. B. 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 in a fully developed area of the City, with no vacant properties in the Resolution No. 14-2877 Downey Planning Commission adjacent area. The subject property is currently used as a multi-tenant office center. As such, the proposed school will not adversely affect the adjoining land uses since it use will conform to the C-2 zone development standards, with the approval of this Conditional Use Permit. In addition, surrounding properties are already developed with general commercial uses. C. The size and shape of the subject property 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 a rectangular shaped lot that is improved with a two (2) story office building and a parking lot. The proposed school will be located within the existing tenant spaces. The subject property covers approximately 25,400 square feet of land, with 142 feet of frontage along Telegraph Road, which exceeds the minimum requirements of the Downey Municipal Code. Thus, the site has sufficient shape and size to accommodate the proposed project. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Since the proposed school will have a minimal increase in the total of occupants allowed at the site,the traffic generated by the school is not expected to increase substantially over what presently exists at the site. The adjoining streets(Telegraph Rd and Lindell Ave) 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-14-00065 (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 21St day of May, 2014. Robert Kiefer, Chairma City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 7th day of May, 2014, by the following vote: AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Flores and Rodriguez ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Mary C anagh, Secreta City Planning Commission EXHIBIT A— CONDITIONS OF APPROVAL PLN-14-00065(CUP)—9050 Telegraph Rd May 21,2014-Page 2 Resolution No. 14-2877 Downey Planning Commission PLN-14-00065 (CONDITIONAL USE PERMIT) i► PLANNING 1) The approval of PLN-14-00065 (CUP) permits the operation of Cosmetica Beauty and Barbering School at 9050 Telegraph Road, Suites 101 and 201 (Attachment'A' —site plan and floor plan).Any deviations or exceptions from said site plan, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval by the Downey Planning Commission. 2) 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. 3) Approval of this PLN-14-00065 (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. 4) The Downey 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. 5) All signs shall comply with the requirements set forth in the Downey Municipal Code. 6) 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. FIRE 7) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. BUILDING 8) The owner/applicant shall obtain all required permits and necessary inspections prior to beginning operation at the site. H:\Community Development\Nguyen\CASES\CUP\2014\9050 Telegraph(barber-cosmetic school)\14-00065 reso-approve.doc f` PLN-14-00065(CUP)—9050 Telegraph Rd May 21,2014-Page 3