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HomeMy WebLinkAboutPC Reso 10-2680RESOLUTION NO. 10-2680 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 08-116 — A REQUEST TO ESTABLISH A MOBILE RECYCLING CENTER IN THE PARKING LOT OF ALBERTSON'S SUPERMARKET, ON PROPERTY AT 7676 FIRESTONE 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. Roy Hasson, (hereinafter "applicant ) requesting approval of a Conditional Use Permit (CUP) No. 08-116 to establish and operate a mobile recycling center in the parking lot of a commercial property at 7676 Firestone Blvd, zoned C-2 (General Commercial) (hereinafter "subject property") (Assessor Identification Parcel No. 6248-001-022). B. On October 21, 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 Downey Patriot, and C. The Planning Commission held a duly noticed public hearing on November 3, 2010 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public heaeing, adopted Resolution No. 10-2680, approving Conditional Use Permit No. 08-116. 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). 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 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 proposed mobile recycling center use is consistent with its General Plan designation of "General Commercial". Based on Planning Commission Resolution No. 1053, recycling centers are allowed in State -designated "convenience areas" with the approval of a Conditional Use Permit. Activities of the proposed recycling center, with the conditions of approval, will not impact the welfare of the nearby residential uses. B. 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 mobile recycling center will not impact the surrounding properties negatively, including the residentially zoned property to the south and the McDonald's restaurant to the east, because the proposed location provides no less than 100 feet of separation between the mobile recycling center and the southerly residences. That distance, along with the conditions of approval, will prevent the proposed recycling center from affecting the nearby residential uses. Resolution No. 10-2680 Downey Planning Commission C. 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 size and shape of the subject property is adequate to accommodate the requested use. The property measures 209,770 square feet with an average width of 647 feet along Firestone Boulevard and an average depth of 373 feet. These measurements exceed the minimum requirements of 100 feet wide by 100 feet deep (10,000 square feet) as required by the Downey Municipal Code. Also, the requested use will occupy five (5) parking spaces, which are the surplus parking spaces on site. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Firestone Boulevard serves the project site and it is classified as a Major Arterial highway on the City's Master Plan of Streets and Highways. The volume of traffic that the existing and proposed uses are estimated to generate will not burden Firestone Blvd because the subject property that will accommodate the proposed use has been in operation since 2003 and its traffic volumes have not adversely impacted Firestone Blvd. The highway contains three (3) lanes in each direction that run directly across Rives Avenue. It would be able to absorb any additional traffic the request may create. 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 Conditional Use Permit No. 08-116, 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 S. This Conditional Use Permit shall become null and void unless 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 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3`d day of November, 20'10. Louis Morrn"cg s, Chairman 'City Plann Commission 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 3`d day of November, 2010, by the following vote, to wit: AYES: COMMISSIONERS: Lambros, Kiefer, Morales NOES: COMMISSIONERS: Murray, Vasquez Theresa Donahue, Secretary City Planning Commission CUP 08-116 — 7676 Firestone Blvd November 3, 2010 - Page 2 Resolution No. 10-2680 Downey Planning Commission CONDITIONAL USE PERMIT NO. 08-115 EXHIBIT A - CONDITIONS PLANNING 1) This approval of Conditional Use Permit No. 08-116 allows the applicant to establish and operate a beverage container mobile recycling center in the parking lot of a commercial property at 7676 Firestone Blvd. The recycling center has a portable store front (kiosk) that houses two (2) roll -off containers and a full-time attendant. The recycling center accepts aluminum, glass and plastic beverage containers. The recycling center shall operate Monday through Sunday, between the hours of 8:00 a.m. and 5:00 p.m. It shall cover five (5) parking spaces, as shown on the approved site plan and elevations. Any deviations or exceptions from said site plan, other than those authorized by this Resolution or those that do not impact other conditions, shall not be permitted without the approval by the Planning Commission. 2) The owner/applicant is responsible for maintaining the parking lot area, at the recycling center, to remain free of trash and graffiti. 3) The applicant shall incorporate anti -graffiti elements into the building design, such as non -porous coatings on exterior wall surfaces, plant materials, and anti -graffiti film on the kiosk, subject to the approval of the City Planner. 4) The Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice and public hearing to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. 5) 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. 6) 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. 7) Should the use cease operation for a period of 180 days, Conditional Use Permit No. 08- 116 shall become null and void. 8) All conditions of Conditional Use Permit No. 08-116 shall be complied with before this conditional use permit becomes valid. 9) The owner/applicant shall incorporate a copy of this Resolution No. 10-2680 (including Exhibit A — Conditions), into the approved set of building plans. PUBLIC WORKS/ ENGINEERING 10) The owner/applicant shall obtain all necessary plan approvals, permits, and business license. 11) The owner/applicant shall maintain the mobile recycling center in great working condition. No washing and hosing down shall be allowed for maintenance purposes. CUP 08-116 — 7676 Firestone Blvd November 3, 2010 - Page 3 Resolution No. 10-2680 Downey Planning Commission 12) The owner/applicant shall provide that all construction graffiti created as part of this project to be removed. 13) If applicable, the owner/applicant shall either re -grade the landscape swale adjacent to the main driveway entrance (middle driveway) or adjust the paving near the existing cross gutter to prevent the stormwater runoff to overpass the longitudinal gutter and head towards street. 14) If applicable, 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 tACoDPW Stormwater Quality Management Plan (SQMP). BUILDING 15) The owner/applicant shall obtain all necessary plan approvals and permits. H.%PLANNING%RESOS\PC\2010\10-2680.doc CUP 08-116 — 7676 Firestone Blvd November 3, 2010 - Page 4