HomeMy WebLinkAboutPC Reso 10-2645RESOLUTION NO. 10-2645
A RESOLUTION OF THE -PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT NO. NO. 94-40 (REVISION A) TO
MODIFY THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO.
94-40, THEREBY INCREASING THE NUMBER OF CHILDREN ALLOWED FROM 25
TO 35, AND ESTABLISHING THE HOURS OF OPERATION AS 7:00 AM TO 7:00
PM FOR AN INFANT DAY CARE CENTER FACILITY ON PROPERTY LOCATED AT
12114 PARAMOUNT BOULEVARD, 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. An application was filed by Mr. Curtis Jenkins, (hereinafter "Applicant") requesting
approval of Conditional Use Permit No. to modify Condition 1 of Conditional Use
Permit No. 94-40 by increasing the number of infants and toddlers allowed at
CurtisCARE Child Development per shift to thirty-five (35) and to extend the hours
of operation from 7:00 AM to 7:00 PM seven (7) days per week.
B. The subject property is located at 12114 Paramount Boulevard, it is zoned C-2
(General Commercial) and its General Plan designation is O (Office).
C. The Planning Commission held a duly noticed public hearing on June 16, 2010,
and, after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, adopted Resolution No. 10-2645, approving
Conditional Use Permit 94-40 (Revision A).
SECTION 2. 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 intent and purpose of the Downey Municipal Code are to provide a
comprehensive Zoning Ordinance to regulate the use of buildings and land in the
City. The regulations are necessary to encourage the most appropriate use of land
and to protect the public health, safety and welfare, in accordance with the City's
General Plan. The General Plan serves as a guide to the long term physical
development and growth of the City. It establishes policies for determining where
certain land uses are most desirable.
The subject property is zoned C-2 (General Commercial) and its General Plan
designation is O (Office). The General Commercial zone permits the establishment
of a child day care center with the approval of a conditional use permit. the child
care center has operated on the subject property with an approved conditional use
permit since 1995,The requested modifications to Conditional Use Permit No. 94-
40 that would increase the number of infants and toddlers allowed at the facility per
shift from twenty-five (25) to thirty-five (35) and to extend the hours of operation
from 7:00 AM to 7:00 PM seven (7) days per week will not adversely affect the
purpose and intent of the Downey Municipal Code because the project site is
already developed with a 3,200 square foot building; which can accommodate the
proposed number of children.
Resolution No. 10-2645
Downey Planning Commission
B. The proposed 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 C-2 (General Commercial) zone permits child day care centers, subject to the
approval of a conditional use permit. The Downey City Council approved
Conditional Use Permit No. 94-40 and the child care center has operated on the
subject property since 1995. The proposed revision to Conditional Use Permit 94-
-40 would increase of the number of children allowed at the facility per shift from 25
to 35 and expand the hours of operation from 40 hours per week over five (5) days
to 91 hours per week over seven (7) days. However, the proposed changes will not
adversely affect the adjoining land uses because the number of children allowed
per shift and the number of vehicles traveling to and from the site will not increase
significantly, the children will be inside the building most of the day, the location of
the children's play area will remain, and because the child day care center will
continue to abide by the conditions of approval. The use is consistent with the
Office designation of the Downey General Plan, which provides for child day care
centers.
C. The size and shape of the site is adequate to allow the project in a manner not
detrimental to the particular area because the site is fully developed. It contains
over 24,000 square feet of land area, with a 3,200 square foot building and twelve
(12) parking spaces. The requested revision to Conditional Use Permit No. 94-40
proposes to add three (3) parking spaces and directional signs for more efficient
on-site traffic circulation. The Applicant does not propose any physical changes to
the building.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. Vision 2025, the Downey General Plan,
identifies Paramount Boulevard as a major arterial. Major arterials provide access
to the freeway system and serve as through routes for traffic crossing the City
when freeways are not available. They are designed to accommodate traffic
generated by commercial uses. The General Plan designates Albia Street as a
local street. Local streets are designed to provide access to properties that front
upon the street and for access to the adjacent neighborhood. They are not
intended to be used as through routes from one neighborhood to another, and so
are typically designed with narrow widths intended to slow traffic speeds. Albia is
also a cul-de sac street that provides access to fifteen (15) single-family
residences. The child care facility has adequate on-site parking, designated drop
off areas and will direct all vehicles to enter the property on Albia Street and exit on
Paramount Boulevard. Therefore, Paramount Boulevard and Albia Street would be
able to absorb any additional traffic the requested revision to Conditional Use
Permit 94-40 may create.
E. The environmental impact of the proposed development has been reviewed and
has been found to comply with the California Environmental Quality Act (C.E.Q.A.)
and is categorically exempt, Class 1 (existing facilities).
Conditional Use Permit 94 -40 -Rev A
12114 Paramount Boulevard
June 16, 2010 - Page 2
Resolution No. 10-2645
Downey Planning Commission
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the
Planning Commission of the City of Downey hereby approves Conditional Use Permit 94-40
(Revision A) subject to the conditions of approval attached hereto as Exhibit A.
SECTION 4. This conditional use permit shall become null and void unless a one-year
extension of time granted by the Downey Planning Commission, pursuant to Section 9824 of the
Downey Municipal Code.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of June 2010.
Robert -Kiefer, Vice -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 16th day June 2010,
by the following vote, to wit:
AYES:
COMMISSIONERS:
Murray, Lambros, Kiefer
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Vasquez, Morales
Theresa Donahue, Secretary
City Planning Commission
Conditional Use Permit 94 -40 -Rev A
12114 Paramount Boulevard
June 16, 2010 - Page 3
Resolution No. 10-2645
Downey Planning Commissian
CONDITIONAL USE PERMIT 94-40 (REVISION A)
EXHIBIT A - CONDITIONS
1) Conditional Use Permit No. 94-40 established an infant child day care center at 12114
Paramount Boulevard in Downey. This approval of Conditional Use Permit 94-40 (Revision
A) modifies Condition 1 of Conditional Use Permit No. 94-40 by increasing the number of
children allowed per session to thirty-five (35) children from the ages of twelve (12) months
to thirty-six (36) months of age, by extending the hours of operation from 7:00 AM to 7:00
PM seven (7) days per week, and by requiring that a minimum of fifteen (15) parking
spaces shall be permanently maintained on this site. The Applicant shall also install a
"Right -Turn Only" sign near the Paramount Boulevard driveway, and a "Do Not Enter' sign
in the planter adjacent to the northwest corner of the building, as shown on the approved
site plan dated June 16, 2010. The number of employees for this facility shall not exceed
twelve (12) employees. Otherwise, all conditions of approval set forth in Conditional Use
Permit No. 94-40 shall remain in force and in full effect. Deviations or exceptions from said
approval shall not be permitted without the approval of the City Planning Commission.
H:\PLANNING\RESOS\PC12010\10-2645.doc
Conditional Use Permit 94 -40 -Rev A
12114 Paramount Boulevard
June 16, 2010 - Page 4