Loading...
HomeMy WebLinkAboutPC Reso 11-2711RESOLUTION NO. 11- 2711 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN CASE NO. 11-00074 (CONDTIONAL USE PERMIT) -A REQUEST BY KRESHA CRAWFORD TO OPERATE A SCHOOL OF BARBERING, ON PROPERY AT 8828 IMPERIAL HIGHWAY AND ZONED C-2 (GENERAL COMMERCIAL ZONE) 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 March 16, 2011, Kresha Crawford (hereinafter "Applicant") filed a Planning Application to request approval of a conditional use permit (PLN Case No. 11- 00074) to establish a school of barbering at 8878 Imperial Highway (hereinafter "subject property"). B. The subject property is zoned C-2 (General Commercial). C. The General Plan designation of the subject property is GC (General Commercial.) D. On May 5, 2011, 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 May 5, 2011. E. The Planning Commission held a duly noticed public hearing on May 18, 2011, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 11-2711, approving PLN 11-00074. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: A. The requested conditional use permit for the barbering school will not adversely affect the purpose and intent of the Downey Municipal Code. The subject property is within the C-2 (General Commercial) zone, and it is adjacent to other properties in the C-2 Zone and property zoned R-3-0 (Multiple Family Residential Ownership). The proposed use is appropriate for the C-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. B. The 69,051 square foot subject site was developed in 1970 as a as a commercial center. Currently, it consists of three (3) distinct buildings that contain 16,548 square feet of gross floor area. The requested conditional use permit for a barbering school at this site will not adversely affect the adjoining land uses because sound generated by the operation will be contained within the building and the use will occupy a tenant space that is oriented toward Lakewood Boulevard instead of the residences to the south. Resolution No. 11-2711 Downey Planning Commission 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 a 1,200 square foot space of the 16,548 square feet of retail space available on the subject property. Off-street parking and landscaping on-site meet the City's standards for properties in the C-2 zone. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Lakewood Boulevard and Imperial Highway are Major Arterial streets. Both 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 -11-00074 (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. 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 18th day of May 2011. Robert Kiefer, 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 18th day of May 2011, by the following vote, to wit: AYES: COMMISSIONERS: Morales, Murray, Garcia, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lujan "w k, Theresa Donahue, Secretary City Planning Commission Conditional Use Permit (PLN -11-00074) — 8828 Imperial Highway May 18, 2011 - Page 2 Resolution No. 11-2711 Downey Planning Commission PLN -11-00074 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN -11-00074 (Conditional Use Permit) establishes a barbering school at 8828 imperial Highway, 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 -11-00074 (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) All signs shall comply with the requirements set forth in the Downey Municipal Code. PUBLIC WORKS/ENGINEERING 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) If applicable, the owner/applicant shall install all utilities underground. 11) If applicable, the owner/applicant shall provide that each unit has its own water meter. Conditional Use Permit (PLN -11-00074) — 8828 Imperial Highway May 18, 2011 - Page 3 Resolution No. 11-2711 Downey Planning Commission 12) 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. 13) The owner/applicant shall obtain all necessary plan approvals and permits. 14) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 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). 16) Provide ADA path of travel. 17) Parking lot needs maintenance (repave). H:\Community Development\Planning Commission\Resolutions\201 1 \1 1-271 1.doc Conditional Use Permit (PLN -11-00074) — 8828 Imperial Highway May 18, 2011 - Page 4 Resolution No. 11-2711 Downey Planning Commission Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects/Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. ❑ Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind. ❑ Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. ❑ Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. ❑ Non -storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. ❑ Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. ❑ Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. ❑ Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. ❑ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. ❑ Other As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: Project Address: Print Name Signature (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) Conditional Use Permit (PLN -11-00074) — 8828 Imperial Highway May 18, 2011 - Page 5