HomeMy WebLinkAboutPC Reso 10-2672RESOLUTION NO. 10-2672
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
PLN -10-08048 (SITE PLAN REVIEW AND CONDITIONAL USE PERMIT), SITE PLAN REVIEW
FOR NEW LANDSCAPE, IRRIGATION, AND EXTERIOR BUILDING MODIFICATIONS TO AN
EXISTING 21,460 SQ. FT. MULTI -TENANT BUILDING AND A CONDITIONAL USE PERMIT TO
ALLOW A NEW DAYCARE (74 CHILDREN) AND K-5 PRIVATE ELEMENTARY SCHOOL (106
CHILDREN, 3 CLASSROOMS) WITH A TOTAL OF 180 CHILDREN WITHIN A 13,610 SQ. FT.
TENANT SPACE LOCATED AT 10441-45 LAKEWOOD BOULEVARD.
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. and Mrs. Phillipy, (hereinafter "applicant")
requesting to change the General Plan designation for an existing 49,880 sq. ft.
lot from General Commercial (GC) to Neighborhood Commercial (NC); to change
the zoning designation from R-1 5,000 (Single Family Residential) to C-1
(Neighborhood Residential); a Conditional Use Permit to allow a new daycare (74
children) and K-5 private elementary school (106 children, 5 classrooms) with a
total of 180 children within a 13,610 sq. ft. tenant space; Site Plan Review for new
landscape, irrigation, and exterior building modifications to a 21,460 sq. ft. multi -
tenant building; and a new sign program for said multi -tenant building at 10441-
45 Lakewood Boulevard, zoned R-1 5,000 (Single -Family Residential (hereinafter
"subject property"), AIN: 6252-002-032.
B. On September 15, 2010, notice of the pending public hearing was sent to all
property owners within 500' of the subject site and a notice was published in the
Long Beach Press Telegram; and
C. The Planning Commission held a duly noticed public hearing on October 6, 2010
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted this resolution, approving PLN -
10 -08048 (Site Plan Review and Conditional Use Permit).
SECTION 2. The Planning Commission further finds, determines and declares that after
preparing an Initial Study in compliance with the requirements of the California Environmental
Quality Act, which found that there would be no significant environmental impacts created by the
proposed Conditional Use Permit and Site Plan Review, a Negative Declaration was prepared.
Based on its own independent judgment that the facts stated in the initial study are true, the
Planning Commission hereby finds that the approval of the Conditional Use Permit and Site Plan
Review it will not have any potential negative environmental impacts.
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. 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 subject site's location, immediately adjacent to existing C-1 (Neighborhood
Commercial) and R-1 5,000 (Single -Family Residential) zoned properties, is an
appropriate location for a daycare and private school (K-5) since this type of use
Resolution No. 10-2672
Downey Planning Commission
will serve the immediate vicinity and is a family-oriented use. Section 9314.02(c)
of the Downey Municipal Code reads:
"The purpose and intent of the C-1 zone in to provide for the development
of limited neighborhood shopping areas situated adjacent to, or
surrounded by, residential neighborhoods. These shopping areas are
intended to serve only the limited need for convenience goods and
services in their immediate areas and should fit easily into a residential
environment without detriment to the character of the area."
The proposed conditional use is consistent with the purpose and intent of the C-1
zone because it is a relatively small site, surrounded by residentially -zoned
properties and because the size and scale of the existing buildings are
compatible with those residential uses. Vision 2025 General Plan Policy 1.1.4
states, "Provide an appropriate amount of land area for people to acquire goods
and services." This policy is implemented with Programs 1.1.4.6 which states
"Concentrate smaller commercial uses in neighborhood nodes" in addition, it is
staffs opinion that this property will exist as a buffer between larger commercial
uses to the north and residential uses to the south, west and east of the site,
while remaining compatible and complementary to the existing conditions in the
area.
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.
The subject site is in a fully developed area of the City. the proposed
daycare/private school (K-5) will not prevent surrounding properties from being
developed further. Notwithstanding this, a concern is that the existing building
footprint will change; this is not the case. The existing building is proposed to
remain with a fagade and landscape improvements throughout. the proposed
design of the building and increased landscaping, will avoid any aesthetic impacts
on the adjoining properties, thereby avoiding adverse affects thereto.
C. That 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 49,800 sq. ft. rectangular -shaped parcel, which exceeds the
6,000 foot minimum in the C-1 zone. Currently, the site is developed with a
21,460 sq. ft. multi -tenant building established by Zone Exception Case No. 1161
on February 20, 1974. Said building houses a variety of uses from general office
to retail sales. Staff is of the opinion that the site will be able to accommodate any
use permitted under the C-1 zone, provided sufficient parking is available.
Furthermore, any future expansion would require Planning Commission review in
a duly noted public hearing.
D. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area.
PLN -10-08048 (CUP & SPR) — 10441-45 Lakewood Blvd.
October 6, 2010 - Page 2
Resolution No. 10-2_672
Downey Planning Commission
The Institute of Transportation Engineers (ITE) stipulates the average rates for a
day care use per 1000 sq. ft., at 79.26 trips on average weekdays, 12.71 trips
during the AM peak hours of 7am to 9 am, and 13.2 trips during the PM peak
hours of 4 pm to 6 pm (weekends have not been considered since the proposed
use will be closed weekends). Applying these rates to the existing tenant space
for the daycare/private school (K-5) the project is projected to produce 1,079 trips
on an average weekday, 173 trips during AM peak hours, and 178 trips during
PM peak hours.
Although the use is proposed to change from retail to day care/private school (K-
5), the potential increase in traffic will be minor. The FOR that was prepared for
the Downey Vision 2025 Comprehensive General Plan Update (SCH
#2004031159), Chapter 2 - Circulation, Figure 2.1-1 - Circulation Plan, shows
Lakewood Boulevard classified as a Major Arterial. Figure 2.1-2 — Existing Traffic
Volumes in the same document show that on Lakewood Boulevard between
Florence Avenue (south of the subject site) and the Firestone Boulevard (north of
the subject site), the existing Average Daily Traffic (ADT) volume is approximately
42.4 Vehicles Per Day (VPD) and the adopted capacity as shown in Figure 2.1-3,
Projected Traffic Volumes, Chapter 2 — Circulation in the FEIR is 52.8 VPD. Thus,
the potential change in use of the project will not create a substantial increase in
traffic. As such, the proposed use will not impose an undue burden upon the
streets and highways in the area and that this finding can be adopted.
E. That the site plan is consistent with the goals and policies embodied in the
General Plan and other applicable plans and policies adopted by the
Council.
The proposed site plan is consistent with Goal 1.1 of the Vision 2025 General
Plan that states the City should "Provide sufficient land areas for uses that serve
the needs of residents, visitors, and businesses", Program 1.3.1.5 to "Encourage
land uses consistent with the area's designation as properties recycle". The
proposed project consists of an existing building that will be refaced and
landscaped to allow for a daycare/private school use and that will continue the
existing professional office uses at the site. As such, the project meets the above
mentioned goals as well as the intent of the General Plan thus, staff finds this
finding can be adopted.
F. That the proposed development is in accordance with the purposes and
objectives of this article and the zone in which the site is located.
The table shown indicates that all the applicable standards of the proposed C-1
(Neighborhood Commercial) zone are being met except for landscaping in the
parking areas. Nevertheless, the applicant is exceeding the required 10% of
landscape in the overall site by 3.7% and is working within the confines of existing
landscape planters while also exceeding the required parking requirements of 48
by 2, providing a total of 50 on-site parking spaces.
PLN -10-08048 (CUP & SPR) — 10441-45 Lakewood Blvd.
October 6, 2010 - Page 3
Resolution No. 10-2672
Downey Planning Commission
I Required;in the C-1 eine Provided,
Lot Dimensions
Lot Area 6,000 sq. ft. for newly subdivided 21,460 sq. ft.
properties
Lot Coverage 50% 43% (21,460 sq.ft. of building sq.
ft.)
Width 60 ft. 149.33 ft. + radius (corner lot)
Depth 100 ft. 230 ft. + radius (corner lot)
Height 20 ft. 18 ft. 11 inches to the top of the
proposed cornice
Parking
Parking Spaces Elementary School - 1.5 spaces
per classroom (Required - 5
spaces for 3 classrooms)
Daycare - 1 per 8 children based
on occupancy load and 1 per
500 sq. ft. of gross floor area
(Required - 16 spaces for 2
daycare rooms with an
occupancy load of 74 and
measuring 2,575 sq. ft.)
Professional office - 1 per 300
r sq. ft. (Required — 27 spaces for
7,850 sq. ft.)
Landscape
Landscape
Total on-site parking required —
48 parking spaces
10% of the total developed
portion of the site, of which 5%
must be in the parking area
Total Required — 4,980 sq. ft.
50 parking spaces
6,818 sq. ft. total (13.7%)
1,901 sq. ft. (4% of the required
landscaping is in the parking area)
G. That the proposed development's site plan and its design features,
including architecture and landscaping, will integrate harmoniously and
enhance the character and design of the site, the immediate neighborhood,
and the surrounding areas of the City.
PLN -10-08048 (CUP & SPR) — 10441-45 Lakewood Blvd.
October 6, 2010 - Page 4
Resolution No. 10-2672
Downey Planning Commission
The proposed project's architectural design and colors integrate harmoniously
with the site since the existing site and neighboring properties to the north and
immediate south are currently developed with neighborhood commercial uses
that developed with one-story, earth -tone colored buildings. The applicant
proposes to reface the existing building, remove the mansard roof, and all
existing brick work with an earthtone stone veneer that will compliment the
proposed architectural design. Earthtone paint colors such as Mesa Taupe and
Tribal Pottery on the walls also contribute to this effect, and provide depth to the
building while the stone will help accent the building's entrances. To replace the
mansard roof, a cornice trim will top the building complimenting the fagade
reface. These treatments to the building that will help revitalize this intersection
and thus, enhance the immediate area.
H. That the site plan and location of the building, parking areas, signs,
landscaping, luminaries, and other site features indicate that proper
consideration has been given to both the functional aspects of the site
development, such as automobile and pedestrian circulation, and the visual
effects of the development from the view of the public street.
The subject building and parking area are existing and are not to be altered, thus,
the functionality of the site is limited due to these existing constraints.
1. That the proposed development will improve the community appearance by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities.
The proposed project will improve the community appearance by maintaining the
current footprint and building height, and by utilizing exterior colors that are
consistent with building colors being used for other buildings in the area. The
existing building will be refaced, the mansard roof is to be removed, and all
existing brick work is to be replaced with an earthtone stone veneer that will
compliment the proposed architectural design. As such, staff feels that this
finding can be adopted.
J. That the site plan and design considerations shall tend to upgrade property
in the immediate neighborhood and surrounding areas with an
accompanying betterment of conditions affecting the public health, safety,
comfort, and welfare.
The subject site's existing building footprint, takes into consideration the existing
adjacent R-1 5,000 (Single -Family Residential) zoned properties since it is
setback 49.5 feet from said property's rear yards, which is not proposed to
change. The upgrade to the landscaping will also assist in the betterment of the
adjacent residential uses since it includes a tree buffer between the commercial
parking area and the residence's rear yards.
PLN -10-08048 (CUP & SPR) — 10441-45 Lakewood Blvd.
October 6, 2010 - Page 5
Resolution No. 10-2672
Downey Planning Commission
K. That the proposed development's site plan and its design features will
include graffiti -resistant features, and materials in accordance with the
requirements of Section 4960 of Chapter 10 of Article IV of this Code.
A condition of approval that stipulates the use of graffiti -resistant materials in
accordance to Downey Municipal Code, Article IV, Section 4960, has been added
as part of this approval.
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 -10-08048 (Site Plan Review
and 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 6th day of October, 201 ,
Lquis Morales, 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 6th day of
October, 2010, by the following vote, to wit:
AYES:
COMMISSIONERS:
Vasquez, Lambros, Murray, Morales
NOES:
COMMISSIONERS:
Kiefer
ABSENT:
COMMISSIONERS:
None
ABSTAIN
COMMISSIONERS:
None
Theresa Donahue, Secretary
City Planning Commission
PLN -10-08048 (CUP & SPR) — 10441-45 Lakewood Blvd.
October 6, 2010 - Page 6
Resolution No. 10-2672
Downey Planning Commission
PLN -10-08048 (CONDITIONAL USE PERMIT & SITE PLAN REVIEW)
EXHIBIT A — CONDITIONS OF APPROVAL
PLANNING DIVISION
1) This approval is for a Conditional Use Permit to allow a new daycare facility (74 children,
2 classrooms) and Kindergarten -5th grade private elementary school (106 children, 3
classrooms) with a maximum of 180 children, within a 13,610 sq. ft. tenant space located
in an existing building and for Site Plan Review of a building facade renovation for an
existing 21,460 sq. ft. multi -tenant building, and new landscape and irrigation at the
subject property located at 10441-45 Lakewood Boulevard.
2) Approval of this Site Plan Review and 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 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.
4) All landscaping shall comply with the requirements set forth in the Downey Municipal
Code.
5) All irrigation mainlines shall be schedule 80 PVC and lateral lines shall be schedule 40
PVC.
6) The drop-off area shall comply with the requirements set forth in the Downey Municipal
Code Table 9.7.3 — Nonresidential Parking Requirements. In addition, the
owner/applicant shall provide supervision during the drop-off and pick-up of infants and
children.
7) The hours of operation are limited to Monday through Friday, 6:00 am to 7:00 pm.
PUBLIC WORKS DEPARTMENT
8) The owner/applicant shall dedicate eight feet (8') for right-of-way purposes along
Lakewood Blvd. frontage and 15 -ft property line curb radius at the intersection of
Lakewood Blvd. and Cherokee Dr. to the standards of the City Engineering Division.
9) The owner/applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code
of the State of California.
10) The owner/applicant shall install all utilities underground. Show all public utilities on the
plans that are to be submitted for plan check.
PLN -10-08048 (CUP & SPR) —10441-45 Lakewood Blvd.
October 6, 2010 - Page 7
Resolution No. 10-2672
Downey Planning Commission
11) If applicable, the owner/applicant shall be required to complete a construction &
demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey
Municipal Code.
12) The owner/applicant shall reconstruct damaged sidewalk along property frontage to the
standards of the Department of Public Works. Contact the Public Works Inspection
Office at (562) 904-7110 to have these areas identified prior to initiating a grading plan.
The owner/applicant shall obtain all necessary plan approvals and permits and shall
provide that the standards of improvements, construction materials, and methods of
construction shall be in conformance with the Standard Plans and Specification for Public
Works Construction and as modified by the City of Downey's Standard Plans and
Specifications.
13) Demonstrate the American Disabilities Act (ADA) path of travel with access from
Lakewood Boulevard (after street dedication) on the plan check submitted plans.
14) The owner/applicant shall install one (1), 24 -inch box, 2 -inch diameter, street tree at
empty tree well along the Cherokee Dr. frontage.
15) The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES) requirements of the Federal Clean Water Act; the General
Construction Activities Stormwater Permit (GCASP) of the State Water Resources
Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC). Furthermore,
the owner/applicant shall be required to Certify and append Public Works standard
"Attachment A" to all construction and grading plans as required by the LACoDPW
Stormwater Quality Management Plan (SQMP).
16) If required by the Los Angeles County Health Department, the owner/applicant shall
provide a grease interceptor for the proposed kitchen facilities.
17) The owner applicant shall provide a trash enclosure with a roof cover and water (hose
bib) connection for routine maintenance.
18) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
UTILITIES
19) The owner/applicant shall provide that the standards of improvements, construction
materials, and methods of construction shall be in conformance with the Standard Plans
and Specification for Public Works Construction and as modified by the City of Downey's
Standard Plans and Specifications.
20) The owner/applicant shall furnish and install a new (min. 1 -inch) dedicated potable water
service line, meter, and meter box for each unit.
21) The owner/applicant shall furnish and install backflow device(s) in accordance with the
Department of Public Works and the State and County Department of Health Services
requirements.
PLN -10-08048 (CUP & SPR) — 10441-45 Lakewood Blvd.
October 6, 2010 - Page 8
Resolution No. 10-2672
Downey Planning Commission
22) The owner/applicant shall confirm availability of adequate fire flow and pressure in
accordance with the Department of Public Works and Downey Fire Department.
23) The owner/applicant shall furnish and install the public potable water improvements,
including extension and/or replacement of existing mains and associated facilities,
necessary to provide adequate fire flow and pressure to the site.
24) The owner/applicant shall furnish and install fire hydrant(s) and dedicated fire protection
lateral(s) including backflow devices, fire department connections and other
appurtenances as required by the Department of Public Works and the Downey Fire
Department. Such improvements may include removal and/or replacement of existing fire
hydrants, laterals, backflow devices, and associated facilities with new facilities to current
Downey standards and materials. Backflow devices, fire department connections, and
associated appurtenances are to be located on private property and shall be readily
accessible for emergency and inspection purposes. Backflow devices shall be screened
from street view by providing sufficient landscaping to hide it.
25) The owner/applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters and appurtenances, and
backflow devices.
26) The owner/applicant shall furnish and install sanitary sewer lateral(s) and associated
facilities within the public right of way in accordance with the requirements of the
Department of Public Works.
27) The owner/applicant shall identify the point(s) of connection for the sanitary sewer
lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in
conformance with the requirements of the Department of Public Works and the County
Sanitation Districts of Los Angeles County (CSDLAC). The owner/applicant shall furnish
and install the public sanitary sewer improvements, including extension and/or
replacement of existing mains and associated facilities, necessary to provide adequate
capacity for the site as approved by the Department of Public Works and CSDLAC.
28) The owner/applicant is responsible for coordinating with, and payment(s) to, the City and
CSDLAC for all sanitary sewer connection and capacity charges.
29) The owner/applicant shall provide improvement plan mylars, record drawing mylars, and
record drawing digital (AutoCAD — latest edition) files in accordance with the
requirements of the Department of Public Works that have been signed by a civil
engineer licensed in the State of California. Final approval of new utilities shall be
dependent upon submittal and approval of record drawing mylars and scanned,
uncompressed .TIFF images of record drawings on a CD/DVD-ROM media per City's
GIS Requirements.
30) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit.
PLN -10-08048 (CUP & SPR) — 10441-45 Lakewood Blvd.
October 6, 2010 - Page 9
Resolution No. 10-2672
Downey Planning Commission
FIRE DEPARTMENT
31) The owner/applicant shall install a fire sprinkler system throughout the entire building.
The Fire sprinkler riser must be located inside of the building in an approved room or
closet.
32) The owner/applicant shall install a fire alarm system (total coverage is required).
33) The owner/applicant shall install a fire suppression system for the required kitchen hood.
34) The owner/applicant shall provide the appropriate quantity of fire hydrants as required by
the California Fire Code. Hydrants located on the opposite side of streets over 80 feet
away shall not be used to satisfy the requirements for hydrant spacing. All fire hydrants
shall be within 50 feet of Fire Department sprinkler connections.
35) The owner/applicant shall install a Knox Box entry system with a master key for entry into
the building.
36) All submitted plans shall reflect a correct occupant load.
37) The owner/applicant shall post occupant load signs in the building.
38) If applicable, the owner/applicant shall stripe all fire lanes.
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