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Home My WebLink AboutPC Reso 10-2660RESOLUTION NO. 10-2660 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -10-08053 (CONDITIONAL USE PERMIT) — REVISION 'C' TO CONDITIONAL USE PERMIT NO. 95-63, A REQUEST BY CREATIVE BEGINNINGS TO REDUCE THE MAXIMUM NUMBER OF CHILDREN PERMITTED AT AN EXISTING DAYCARE/NURSERY FROM 130 TO 100 AND REDUCE THE SIZE OF THE DAYCARE/NURSERY ACTIVITY TO UNIT "B" IN THE BUILDING LOCATED AT 10910 PARAMOUNT BLVD., ZONED C-1 (NEIGHBORHOOD 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. Mike Capalbo (hereinafter "applicant") requesting PLN -10-08053 (Conditional Use Permit) to reduce the maximum number of children permitted at an existing daycare/nursery from 130 to 100 and to limit the daycare/nursery activity to unit "B" of the subject site located at 10910 Paramount Blvd. The property is zoned C-1 (Neighborhood Commercial) (hereinafter "subject property") (AIN: 6251-038-026); and B. On December 6, 1995, the Planning Commission approved Conditional Use Permit No. 95-63 and Zone Variance No. 95-62 allowing for a private daycare/nursery school facility for up to 100 children within a 5,119 sq. ft. building (unit "B"), with off-site parking and no loading space for the retail use in unit "A"; and C. On February 14, 1996 the Design Review Board approved Design Review Board No. 96-03 for the architecture, colors and materials for a new 6,293 sq. ft. daycare/commercial building; and D. On August 21, 1996, the Planning Commission approved a modification ['A'] to Conditional Use Permit No. 95-63, allowing a reduction to the required front yard area to permit the relocation of parking spaces for the daycare facility; and E. On September 1, 1999, the Planning Commission approved Conditional Use Permit No. 99-58, a modification ['B'] to CUP No. 95-63, to expand an existing daycare/nursery school by adding one classroom (unit "A") and up to 30 additional children, totaling 130 children; and F. On September 10, 2010, 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 Long Beach Press Telegram; and G. The Planning Commission held a duly noticed public hearing on September 15, 2010 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 10-2660, approving PLN -10-08053 (Conditional Use Permit). 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). Resolution No. 10-2660 Downey Planning Commission 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: That 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 requested modification 'C' to Conditional Use Permit No. 95-63 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 because this CUP will reduce the amount of children allowed at the existing daycare/nursery school from 130 to 100, which will decrease the activity at the subject site. This use exists and currently services the immediate neighborhood. 2. 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. The proposed modification to the existing CUP will not adversely affect the adjoining land uses since the use is existing and conforms to the development standards set forth in Conditional Use Permit No. 95-63, Zone Variance No. 95-62 and modification ['A'] to Conditional Use Permit No. 95-63. In addition, surrounding properties are currently fully developed with commercial and office uses. 3. 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. The size and shape of the subject site is adequate to allow the full development of the downsized use in a manner not detrimental to the particular area since the site conforms to the development standards set forth in Conditional Use Permit No. 95-63, Zone Variance No. 95-62 and modification ['A'] to Conditional Use Permit No. 95-63. In addition, the requested modification 'C' to Conditional Use Permit No. 95-63 will reduce the amount of children allowed at the existing daycare/nursery school from 130 to 100, which will decrease the activity at the subject site. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area because Paramount Boulevard is designated as a major arterial by the City's General Plan. Staff does not foresee a traffic increase with modification 'C' to Conditional Use Permit No. 95-63 since it will reduce the amount of children allowed at the existing daycare/nursery school from 130 to 100, which will decrease the activity at the subject site. 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 -10-08053 (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. PLN -10-08053 (Conditional Use Permit) —10910 Paramount Blvd. September 15, 2010 - Page 2 Resolution No. 10-2660 Downey Planning Commission SECTION 5. This Conditional Use Permit shall become null and void unless the use has commenced within one year of this approval and pursued diligently to completion or a one- year extension of time granted by the Downey Planning Commission, pursuant to Section 9824 of the Downey Municipal Code. SECTION C. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of September, 2010. Robert Kiefer, Vice -Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted bthe Planning Commission of the City of Downey at a regular meeting thereof held on the 15 h day of September, 2010, by the following vote, to wit: AYES: COMMISSIONERS: Vasquez, Lambros, Murray, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Morales Theresa Donahue, Secretary City Planning Commission PLN -10-08053 (Conditional Use Permit) —10910 Paramount Blvd. September 15, 2010 - Page 3 Resolution No. 10-2660 Downey Planning Commission PLN -10-08053 (CONDITIONAL USE PERMIT) EXHIBIT A — CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN -10-08053 (Conditional Use Permit) allows for revision 'C' to Conditional Use Permit No. 95-63, a request by Creative Beginnings to reduce the maximum number of children permitted at an existing daycare/nursery from 130 to 100 and to limit the daycare/nursery activity to unit "B" of the subject site located at 10910 Paramount Blvd., zoned C-1 (Neighborhood Commercial). There are to be no interior or exterior modifications made to the existing building or site as a result of the approval of this conditional use permit. 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 preliminary plans substantially the conditions. H APLAN N I N G\RESOS\PC\2010\10-2660.doc is authorized to make minor modifications to the approved or any of the conditions if such modifications shall achieve same results as would strict compliance with said plans and PLN -10-08053 (Conditional Use Permit) — 10910 Paramount Blvd September 15, 2010 - Page 4