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HomeMy WebLinkAboutPC Reso 19-3085RESOLUTION NO. 19-3085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -18-00189 (CONDITIONAL USE PERMIT): A REQUEST TO OPERATE A PRIVATE PRESCHOOL AND ELEMENTARY SCHOOL IN AN EXISTING EDUCATIONAL BUILDING AT A CHURCH FACILITY, DOWNEY MEMORIAL CHRISTIAN CHURCH DISCIPLES OF CHRIST, LOCATED AT 8441 FLORENCE AVENUE AND ZONED C -P (PROFESSIONAL OFFICE) 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 December 12, 2018, an application was submitted by James and Suzie Phillipy (hereinafter "the Applicant"), requesting a Conditional Use Permit to operate a private preschool for 35 children between the ages of 2 through 4, and elementary school for 30 children between the ages of 4 through 8 at an existing church facility, located at 8441 Florence Avenue, on property zoned C -P (Integrated Off and Professional Area), & On January 9, 2019, staff deemed the application incomplete; on January 29, 2019, the Applicant re -submitted the Conditional Use Permit application. Accordingly, staff deemed the application complete on February 11, 2019; and, C. On March 7, 2019, 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, D. The Planning Commission held a duly noticed public hearing on March 20, 2019, and after fully considering all oral and written testimony, 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 comply 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 intent and purpose of this article of the City's General Plan or the public convenience of general welfare of persons residing or working in the neighborhood thereof. Around the World Children's Center is requesting a use of a private preschool and elementary for 65 children at a church facility that is currently being used for offices and Sunday school. The proposed use is consistent with the City's Resolution No. 19-3085 Downey Planning Commission 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 location and use of a private preschool and elementary. The existing building is surrounded by residential uses and will provide services for the residents of the community. B. The proposed preschool and elementary school are meant to serve as compatible uses to the existing church and office uses. There will be no expansion of existing buildings, as the schools will utilize existing space within the education building. The operation of the school will be during normal business hours. In addition, proposed playground will be centrally located between the activity building to the west, the 113 -foot wide parking lot to the west, and the educational building to the north, all of which will serve as noise buffers and reduce the noise impacts associated with a small playground on adjacent residential properties. Conditions are in place to further reduce the possible noise impacts associated with the playground, such as prohibiting the parking lot from being used as a playground and limiting the hours that outdoor activity can take place. The proposed use will not adversely affect the adjoining land uses and growth and development of the area in which the proposed use is to be located. C. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a matter not detrimental to the particular area. The proposed use will operate 1,700 square feet of the 1,824 square foot, first floor of the education building. This is an existing two-story structure located at the north end of the property and is currently used for office space and Sunday school for the existing church. Since the hours of operation of the proposed use will be opposite as the church, this will ensure that there will be no traffic congestion created with this proposed use. The existing building in which the proposed use is to occupy is built for Sunday school and office use with an occupant load of 79 persons. Furthermore, this space is adequate to allow the full development of the proposed use of 65 students and 8 instructors, totaling 73 persons. Therefore, the size and shape of the site is adequate to accommodate the proposed use and will not be detrimental to the area. D. 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 driveway access points along Florence Avenue. With the church and proposed schools operating at opposite times, there will be a sufficient amount of parking for all uses on site with 75 spaces including three ADA accessible parking spaces that meet California Building Code Chapter 11 b. Per Downey's Municipal Code, the site includes driveways that comply with the Downey Municipal Code with both driveways being at least 15 feet in width. Therefore, the layout of the parking lot will accommodate the on-site traffic generated by the proposed schools. Per the City's General Plan, Florence Avenue is a major arterial roadway. Issue 2.1 of the General Plan addresses the circulation network for the city and states that major arterials are designated to serve as through routes for traffic crossing the City and major arterials are able to manage high volume traffic with six travel lanes. Furthermore, the traffic generated by this proposed use will not impose an undue burden upon the surrounding streets or highways. 8441 Florence Avenue — PLN -18-00189 March 20, 2019 - Page 2 Resolution No. 19-3085 Downey Planning Commission 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 Conditional Use Permit (PLN -18-00189), subject to conditions of approval attached hereto, 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 20th day of March, 2019. Migue6ri rta e, Vice Chair 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 this 20th day of March, 2019, by the following vote, to wit: AYES: COMMISSIONERS: Frometa, Spathopoulos and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Owens and Dominguez ABSTAIN: COMMISSIONERS: None Mary nagh, Secreta City lan ing Commission 8441 Florence Avenue — PLN -18-00189 March 20, 2019 - Page 3 Resolution No. 19-3085 Downey Planning Commission 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 location and use of a private preschool and elementary. The existing building is surrounded by residential uses and will provide services for the residents of the community. B. The proposed preschool and elementary school are meant to serve as compatible uses to the existing church and office uses. There will be no expansion of existing buildings, as the schools will utilize existing space within the education building. The operation of the school will be during normal business hours. In addition, proposed playground will be centrally located between the activity building to the west, the 113 -foot wide parking lot to the west, and the educational building to the north, all of which will serve as noise buffers and reduce the noise impacts associated with a small playground on adjacent residential properties. Conditions are in place to further reduce the possible noise impacts associated with the playground, such as prohibiting the parking lot from being used as a playground and limiting the hours that outdoor activity can take place. The proposed use will not adversely affect the adjoining land uses and growth and development of the area in which the proposed use is to be located. C. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a matter not detrimental to the particular area. The proposed use will operate 1,700 square feet of the 1,824 square foot, first floor of the education building. This is an existing two-story structure located at the north end of the property and is currently used for office space and Sunday school for the existing church. Since the hours of operation of the proposed use will be opposite as the church, this will ensure that there will be no traffic congestion created with this proposed use. The existing building in which the proposed use is to occupy is built for Sunday school and office use with an occupant load of 79 persons. Furthermore, this space is adequate to allow the full development of the proposed use of 65 students and 8 instructors, totaling 73 persons. Therefore, the size and shape of the site is adequate to accommodate the proposed use and will not be detrimental to the area. D. 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 driveway access points along Florence Avenue. With the church and proposed schools operating at opposite times, there will be a sufficient amount of parking for all uses on site with 75 spaces including three ADA accessible parking spaces that meet California Building Code Chapter 11 b. Per Downey's Municipal Code, the site includes driveways that comply with the Downey Municipal Code with both driveways being at least 15 feet in width. Therefore, the layout of the parking lot will accommodate the on-site traffic generated by the proposed schools. Per the City's General Plan, Florence Avenue is a major arterial roadway. Issue 2.1 of the General Plan addresses the circulation network for the city and states that major arterials are designated to serve as through routes for traffic crossing the City and major arterials are able to manage high volume traffic with six travel lanes. Furthermore, the traffic generated by this proposed use will not impose an undue burden upon the surrounding streets or highways. 8441 Florence Avenue — PLN -18-00189 March 20, 2019 - Page 2 Resolution No. 19-3085 Downey Planning Commission 12. Signs shall be posted along the walls around the parking lot reminding parents and children to be courteous of the surrounding neighborhoods and residents with keeping noise to a minimum. 13. Before this Conditional Use Permit becomes effective, the parking lot must comply with ADA accessible parking spaces that comply with the California Building Code Chapter 11 b accessibility parking space requirements. 14. The applicant shall comply with the art in public places requirements set forth in Downey Municipal Code 8950 et seq. This shall include payment of all required fees prior to the issuance of building permits. Should the applicant exercise their right to install public art on site, the public art application (including payment of all deposits) shall be submitted prior to the issuance of building permits. 15. Student access shall be prohibited along the north and west landscape areas. FIRE 16. Portable fire extinguishers shall be installed in Group E occupancies [CA Fire Codes §906.1; NFPA 10; CCR Title 19] 17. A manual and automatic fire alarm system that initiates the occupant notification signal shall be installed in Group E occupancies with occupant load of 50 or more persons or containing more than one classroom or one or more rooms used for Group E of 1-4 day care purposes [CA Fire code § 907.2.3] 18. A fire safety and evacuation plan shall be prepared, maintained, and submitted for Fire Dept. review [CA Fire Code §403.5; CR Title 19]. Fire safety and evacuation plan shall also include information on fire drills and pre -fire planning/procedures (e.g. posting of telephone number for fire department in office and each classroom, evacuation instructions, etc.). 19. Egress shall adhere to requirements of CA Fire and Building Codes for required number of exits, exit illumination, illuminated exit signs, door swing, door hardware, door locks, etc. 20. Clothing and personal effects shall not be stored in corridors and lobbies (unless conditions of exemptions are met such as protection by an approved automatic fire sprinkler system) [CA Fire Code §807.5.2.1] 21. Artwork in corridors or classrooms shall be limited to what is required in code (no more than 50% wall surface in classroom and no more than 20% of wall surface in corridors) [CA Fire Code §807.5.2.2; 807.5.2.3] 22. A pre -occupancy fire inspection of the facility shall be coordinated with the Downey Fire Department to insure compliance with fire code requirements for Educational Group E occupancy. 8441 Florence Avenue — PLN -18-00189 March 20, 2019 - Page 5 Resolution No. 19-3085 Downey Planning Commission BUILDING 23. All construction shall comply with the most recent adopted City and State building codes. • 2016 California Building Code ■ 2016 California Residential Code • 2016 California electrical Code • 2016 California Mechanical Code • 2016 California Plumbing Code • 2016 California Fire Code • 2016 California Green Code 24. Special Inspections — As indicated by California Building Code Section 1704, the owner shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1704. Please contact the Building Division at time of plan submittal to obtain application for special inspections. 25. The Title Sheet of the plans shall include: • Occupancy Group • Occupant Load • Description of use ■ Type of Construction • Height of Building • Floor area of building(s) and/or occupancy group(s) 26. School impact fees shall be paid prior to permit issuance. 27. Dimensioned building setbacks and property lines, street centerlines and between buildings or other structures shall be designed on plot plan. 28. All property lines and easements must be shown on plot plan. A statement that such lines and easements are shown is required. 29. The project design will conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumptions light fixtures, and insulation and shall use to the extent feasible draught landscaping. 30. Final construction drawings are to be prepared by a licensed professional per the Business and Professions' Code. 31. Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations. 8441 Florence Avenue — PLN -18-00189 March 20, 2019 - Page 6