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HomeMy WebLinkAboutPC Reso 10-2683RESOLUTION NO. 10- 2683 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -10-08102 (CONDITIONAL USE PERMIT) - A REQUEST TO OPERATE AN ELECTRON BEAM WELDING BUSINESS AT 9248 HALL ROAD, ON PROPERTY ZONED M-2 (GENERAL MANUFACTURING) AND P -B (PARKING BUFFER) 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 September 22, 2010, Craig Banks Abraham (hereinafter "Applicant") filed a Planning Application to request approval of a conditional use permit (PLN Case No. 10-08102) to establish an electron beam welding business at 9248 Hall Road (hereinafter "subject property"). B. The subject property is zoned M-2 (General Manufacturing) and P -B (Parking Buffer): the westerly 70 feet of the property is zoned P -B (Parking Buffer) while the remaining portion is zoned M-2 (General Manufacturing). C. The General Plan designation of the subject property is GM (General Manufacturing. D. On October 22, 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 on October 21, 2010. E. The Planning Commission held a duly noticed public hearing on November 3, 2010, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 10-2683, approving PLN 10-08102. 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, pursuant with Section 9824 of the Downey Municipal Code, the Planning Commission further finds, determines and declares that: A. The requested conditional use permit for the electron beam welding business will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is within the M-2 (General Manufacturing) zone and it is adjacent to R-1 (Single Family Residential) and R-3 (Medium Density Residential) zoned properties. However, the proposed use is appropriate for the M-2 zone and the noise generated by the use does not exceed 70 dBA, which is the acceptable noise level for residential uses as described in Figure 6-1.2 (Noise/Land Use Compatibility Matrix) of the Downey General Plan, Vision 2025. Resolution No. 10-2683 Downey Planning Commission B. The subject site was developed as a as a 50 -unit, 192,000 sq. ft. industrial condominium building. The requested conditional use permit for an electron beam welding use at this site will not adversely affect the adjoining land uses because sound generated by the operation will be contained within the building and it will be approximately 70 dBA, which is the noise limit for residential zones. The proposed use will occupy a tenant space that is oriented toward the M-2 (General Manufacturing) zoned property to the east. The equipment associated with the use is quiet. C. The size and shape of the site are adequate to allow the project in a manner not detrimental to the particular area because the proposed use would occupy one unit of a 50 -unit, 192,000 square foot industrial condominium building on the subject property. Off-street parking and landscaping on-site meet the City's standards for properties in the M-2 zone. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Hall Road is a collector Street, located between a Primary Arterial street (Woodruff Avenue) and a Secondary Arterial street (Bellflower Boulevard). All three streets have sufficient capacity to absorb any additional traffic the requested use 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 PLN -10-08082 (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 6. 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 3rd day of Novel -n Louis M al9 Chairman City Planning Commission HEREBY CERTIFY that the foregoing is a trueicopy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 3rd day of November 2010, by the following vote, to wit: AYES: Commissioners: Lambros, Kiefer, Morales NOES: Commissioner: None ABSENT: Commissioners: Murray, Vasquez 2U,L,a_6? wo-, (c.e _: Theresa Donahue, Secretary City Planning Commission Resolution No. 10-2683 Downey Planning Commission PLN -10-08102 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN -10-08102 (Conditional Use Permit) permits to establish an electron beam welding business at 9248 Hall Road, as shown on the approved site plan. 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 Downey Planning Commission. 2) 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. 3) Approval of this PLN -10-08102 (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. 4) The Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. 5) The Applicant shall comply with all conditions of PLN -10-08102 (Conditional Use Permit) before this Conditional Use Permit becomes valid. 6) The Applicant shall obtain all required approvals and permits for tenant improvements performed at the subject location. 7) The sound levels created by the operation of equipment associated with the proposed use shall remain within the noise standards established by the Downey Municipal Code for industrial uses. 8) The applicant shall not store equipment or materials outside the building. 9) The operation of the electron beam welding operation shall be conducted in accordance with Section 9516 (Environmental Performance Standards) of the Downey Municipal Code. PUBLIC WORKS/ENGINEERING 10) The owner/applicant shall obtain all necessary plan approvals and permits. 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 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 Resolution No. 10-2683 Downey Planning Commission Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 13) During construction, 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 by the LACoDPW Stormwater Quality Management Plan (SQMP). H APLANNING\RESOSTM2010\10-2683.doc