HomeMy WebLinkAboutPC Reso 11-2700RESOLUTION NO. 11-2700
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY,
APPROVING PLN CASE NO- 10-08161 TO MODIFY THE CONDITIONS OF
APPROVAL OF CONDITIONAL USE PERMIT NO. 08-62, THEREBY INCREASING
THE NUMBER OF PARTICIPANTS AT AN ADULT DAY CARE FACILITY FROM
127 TO 200, ON PROPERTY AT 12130 PARAMOUNT BOULEVARD, ZONED C2
(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 Castulo de la Rocha, President and CEO for AltaMed
Health Services Corporation„ (hereinafter "Applicant") requesting approval of
PLN -10-08161 to modify Condition 1 of Conditional Use Permit No. 08-62 62 to
increase the number of employees and clients allowed at the AltaMed Adult Day
Care facility from 127 to 200.
B. The subject property is located at 12130 Paramount Boulevard, it is zoned C-2
(General Commercial) and its General Plan designation is O (Office).
C. The Planning Commission opened a duly noticed public hearing on March 2,
2011, and, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, continued the public hearing to
April 6, 2011.
D. On April 6, 2011, the Planning Commission re -opened the continued public
hearing and, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, adopted Resolution No. 11-2700,
approving PLN -10-08161 (Modification to Conditional Use Permit No. 08-62).
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 an adult day care facility with the approval of a conditional use
permit and the Planning Commission approved Conditional Use Permit No. 08-62
for this use on May 21, 2008. The requested modifications to Conditional Use
Permit No. 08-62 to increase the number of employees and clients allowed at the
facility from 127 to 200 will not adversely affect the purpose and intent of the
Resolution No. 11-2700
Downey Planning Commission
Downey Municipal Code because the project site contains 47 parking spaces,
which can accommodate the greater number of participants proposed.
B. The C-2 (General Commercial) zone permits adult day care centers, subject to
the approval of a conditional use permit. The Downey Planning Commission
approved Conditional Use Permit No. 08-62 on May 21, 2008 and the AltaMed
adult day care center has operated on the subject property since 2008. The
proposed revision to Conditional Use Permit 94-40 would increase of the number
of participants allowed at the facility (employees and clients combined) from 127
to 200; however, the proposed changes will not adversely affect the adjoining
land uses because the subject property has enough off-street parking spaces
available to accommodate the increase, AltaMed provides a van service to
transport the majority of clients to the site, and the vans will be stored along the
south property line of the subject site and away from residence that exists along
the easterly side of the property. The adult day care facility will continue to abide
by the conditions of approval established for Conditional Use Permit No. 08-62.
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
approximately 34,875 square feet of land area, with a 17,933 square foot building
and 47 parking spaces. The requested revision to Conditional Use Permit No.
08-62 proposes to increase of the number of participants allowed at the facility
(employees and clients combined) from 127 to 200. The Applicant also proposes
to modify the building's interior spaces to increase participant capacity and to
provide administrative space for the additional employees.
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 adult care facility has adequate on-site parking to accommodate
the greater number of participants at the facility and AltaMed provides a van
service to transport the majority of clients to the site. 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).
PLN -10-08161
12130 Paramount Boulevard
April 6, 2011 - Page 2
Resolution No. 11-2700
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 PLN -10-08161 (Modification to
Conditional Use Permit No. 08-62) subject to the conditions of approval attached hereto as
Exhibit A.
0
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 6th day of April 2011.
Robert Kiefer, Charman
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 April 2011,
by the following vote, to wit:
AYES:
COMMISSIONERS:
Murray, Lujan, Garcia, Morales, Kiefer
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
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Theresa Donahue, Secretary
City Planning Commission
PLN -10-08161
12130 Paramount Boulevard
April 6, 2011 - Page 3
Resolution No. 11-2700
Downey Planning Commission
PLN -10-08161 (MODIFICATION TO CONDITIONAL USE PERMIT NO. 08-62)
EXHIBIT A - CONDITIONS
PLANNING
1) This approval of Conditional Use Permit 08-62, modified by the approval of PLN -10-
08161, is to permit an adult day care center at an existing building on property at 1213.0
Paramount Boulevard. The hours of operation shall be from 7:30 a.m. to 4:30 p.m. daily.
The approval of CUP 08-62 allows for a maximum of 200 participants at the facility,
including a maximum of 40 employees and a maximum 160 clients occupying the
building at one time. Not less than forty (40) parking spaces shall be available on the
subject site to accommodate the number of participants and to comply with the parking
requirements for "Assembly Uses" as Table 9.7.3 (Nonresidential Parking Requirements)
of the Downey Municipal Code provides. Deviations or exceptions from said site plan and
floor plan, other than those authorized by this resolution or those that do not impact other
conditions, shall not be permitted without the approval of the Downey Planning
Commission. The Planning Commission shall conduct a review of this Conditional Use
Permit six (6) months after adoption of this resolution. Said review shall be conducted
during a duly noticed public hearing, and at which time, the Planning Commission may
modify the conditions of approval, require an additional review period, and allow the use
to operate in perpetuity, or begin revocation proceedings.
2) 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.
3) All conditions of Conditional Use Permit No. 08-62 shall be complied with before this
Conditional Use Permit becomes valid.
4) That all adults enrolled with the adult day care facility shall be transported to and from the
facility through the van service, unless the enrolled adult is transported to the facility by a
family member.
5) No vehicles used to transport adults shall be stored at the facility. A maximum of three
(3) vans, used to transport adults participants to the facility, may park on the southerly
area of the premises during business hours only.
6) Conditional Use Permit No. 03-27 shall be considered null and void with the approval of
Conditional Use Permit No. 08-62.
BUILDING & SAFETY
7) The owner/applicant shall obtain all necessary plan approvals and permits.
8) The project shall comply with title 24 disabled access regulations.
PLN -10-08161
12130 Paramount Boulevard
April 6, 2011 - Page 4
Resolution No. 11-2700
Downey Planning Commission
ENGINEERING
9) The owner/applicant shall install three (3) 24" box (2 -inch diameter), street trees along
property frontage to the standards of the City Engineering Division. Any damaged curb,
gutter, sidewalk, or driveway approaches shall be replaced to the satisfaction of the City
Engineering Division.
10) The owner/applicant shall install 2 -lumen high-pressure sodium pressure street lights on
new marbelite standards with underground service, (1) 5800 lumen along Albia Street
and (1) 22000 lumen along Paramount Boulevard.
11) The owner/applicant shall provide a site plan showing the location of existing/proposed
streetlights.
12) 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.
13) If applicable, the owner/applicant shall install all utilities underground.
14) 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.
15) The owner/applicant shall obtain all necessary plan approvals and permits.
16) The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES) requirements as established by the Clean Water Act and as required
by the California Regional Water Quality Control Board.
17) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
18) 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.
19) Broken, uneven, or damaged sidewalk shall be replaced to the satisfaction of the Public
Works Department. Contact the Public Works Inspection Office at (562) 904-7110 to
have these areas identified just 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.
FIRE
20) The owner/applicant shall provide a recalculation of fire sprinkler system, fire
alarms and Knox access.
PLN -10-08161
12130 Paramount Boulevard
April 6, 2011 - Page 5