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Home My WebLink AboutPC Resolution 16-3003RESOLUTION NO. 16-3003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-16-00208 (MODIFICATION TO CONDITIONAL USE PERMIT NO. 05-85): A REQUEST TO EXPAND THE CAPACITY OF AN EXISTING PRE- SCHOOL/ DAY CARE FACILITY BY INCREASING THE NUMBER OF CHILDREN AT “CHILDREN’S ACADEMY OF SUCCESS” FROM 50 TO 86 (RANGING IN AGE FROM TWO YEARS OLD TO SIX YEARS OLD), AT ACTION FAITH MINISTRIES, LOCATED AT 10839 LA REINA AVENUE AND ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN – DOWNTOWN RESIDENTIAL DISTRICT) 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. An application was submitted by the Children’s Academy of Succe ss (hereinafter “applicant”), requesting a modification to Conditional Use Permit No. 05 -85, to allow an increase in children enrollment at the existing pre-school/ day care from 50 children to 86 children, located at 10839 La Reina Avenue, on property zoned DDSP (Downtown Downey Specific Plan – Downtown Residential District); B. On October 6, 2016, a notice of the public hearing was sent to all property owners within 500’ of the subject site and the notice was published in Downey Patriot. C. The Planning Commission held a duly noticed public hearing on October 19, 2016 and, after fully considering all oral and written testimony, facts, and opinions offered at aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares that the proposed project was reviewed for compliance with the California Environmental Quality Act (CEQA), and is categorially exempt from CEQA, pursuant to Guideline Section 15303 (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: A. 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; Children’s Academy of Success is requesting to increase the chil d enrollment of an existing childcare facility from 50 to 86. The expansion of the existing daycare facility is consistent with the City’s General Plan Land Use Chapter Goal 1.2, Policy 1.2.1, and Program 1.2.1.5. This land use goal of creating and encouraging a livable community environment is implemented by the proposed daycare facility expansion. The existing daycare center is in close proximity to multiple residential uses and to Downtown Downey. By allowing more child enrollment at the existing daycare, it creates opportunities for more families to enjoy their surrounding Downey community. B. 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; Resolution No. 16-3003 Downey Planning Commission 10839 La Reina Ave - PLN-16-00208 October 19, 2016- Page 2 The existing daycare center will continue to operate between the hours of 6:30 a.m. through 6:00 p.m., Monday through Friday. The expansion will not affect the physical dimensions of the existing church building in which the daycare is located. This expansion will allow more children to enroll in the preschool/ daycare, thereby creating an opportunity for the surrounding residents to utilize the daycare’s services. C. 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; and The subject property is approximately 40,000 square feet and is currently improved with a 10,211 square-foot church, built in 1998. The proposed expansion of the existing daycare will only affect the amount of children who can enroll in the pre -school/ daycare. There will be no physical changes to the existing church building. There are 54 parking spaces on the lot, thereby allowing sufficient space for the teachers to park as wel l as being able to accommodate parking for parents to quickly drop off their children. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The project site has two driveways along La Reina Avenue that lead to the parking lot. Per the circulation route, provided by the applicant, the increased capacity of children will not create any traffic impacts and there is still ample space in the parking lot to accommodate extra cars. 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 the Modification to existing CUP No. 05-85, subject to conditions of approval attached hereto as Exhibit A, whi ch are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set f orth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purpose s. (Signatures on next page) Resolution No. 16-3003 Downey Planning Commission 10839 La Reina Ave - PLN-16-00208 October 19, 2016- Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of October 2016. Originally signed by Matias Flores Matias Flores, Chairman City 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 19thday of October 2016, by the following vote, to wit: AYES: COMMISSIONERS: Flores, Rodriguez, Morales, Lujan and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Originally signed by Mary Cavanagh Mary Cavanagh, Secretary City Planning Commission Resolution No. 16-3003 Downey Planning Commission 10839 La Reina Ave - PLN-16-00208 October 19, 2016- Page 4 PLN-16-00208 (MODIFICATION TO CUP 05-85) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Modification to CUP No. 05-85 allows the existing child daycare center to increase the number of children enrollment from 50 to 86 (child’s age ranging from 2 – 6 years old). 2) The permitted hours of operation for the pre-school/ daycare facility shall be limited to 6:30 a.m. to 6:00 p.m., Monday through Friday. 3) This approval 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 Owner/Applicant agrees, as a condition of approval of this resolution, t o 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 promp tly 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) 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. 6) All conditions of this approval do not supersede the original conditions set forth in CUP No. 05-85; so approved on July 20, 2005. 7) The applicant is responsible for complying with all State and Federal regulations applicable to child care. FIRE 8) Install of approved Fire Department access – Knox Box [CA Fire Code 506] 9) Installation of approved Fire Department premises (address) identification (if not already in place and meeting current code) [CA Fire Code 505} 10) Portable fire extinguishers shall be provided in accordance with (CFC 2013) 11) Post occupant load signs in accordance with California Building Code 2013. Resolution No. 16-3003 Downey Planning Commission 10839 La Reina Ave - PLN-16-00208 October 19, 2016- Page 5 12) Provide updated emergency evacuation plans in accordance with CBC 2013 Chapter 4 13) Provide a current certification of the facilities automatic fire alarm system. 14) Provide a current certification of the facilities automatic fire sprinkler system. BUILDING 15) Obtain all necessary plan approvals and permits.