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Home My WebLink AboutPC Reso 11-2732RESOLUTION NO. 11-2732 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -11-00191 (CONDITIONAL USE PERMIT) — A REQUEST TO CONSTRUCT A 24-HOUR DRIVE-THRU ATM WITHIN THE PARKING LOT OF STONEWOOD CENTER ON PROPERTY LOCATED AT 251 STONEWOOD ST, ZONED SP 89-1 (STONEWOOD SPECIFIC PLAN) 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. July 27, 2011, the applicant submitted a Conditional Use Permit (PLN -11-00191) application, requesting to operate a 24-hour ATM on the subject site; and, B. On September 1, 2011, the Conditional Use Permit application was deemed complete; and, C. On September 8, 2011, notice of the pending application published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500' of the subject site on September 9, 2011; and, D. The Planning Commission held a duly noticed public hearing on September 21, 2011 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution, subject to conditions of approval (Exhibit A). 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. 15303 (Class 3, New Construction or Conversion of Small Structures). 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: 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. General Plan Policy 1.1.1 states, "Maintain a balance of land uses," which is implemented by various General Plan Programs. Upon reviewing these General Plan Programs, it is clear that the intent of the policy it is allow various uses throughout the city that serve the needs of the community, which includes providing adequate access to financial institutions. By providing this ATM, it increases customer's access to their accounts, thus serving the needs of the community. Furthermore, the drive-thru ATM will provide a public convenience to those who want to access money from the comfort and safety of their vehicles. 2. 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, with little to no vacant properties in the immediate area. Inasmuch as the proposed use will occupy a small portion of the parking lot, the use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, several conditions of approval have been included with this approval to prevent the use from being a burden onto others. Resolution No. 11-2732 Downey Planning Commission These conditions are necessary to avoid any adverse affects on the adjoining properties. 3. The size and shape of the site 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 an approximate 63 -acre parcel that is improved with the Stonewood Center, which has over 900,000 square feet of leasable area and a 4,800 space parking lot, in which the proposed use will occupy a small portion (2,000 square feet) of the parking lot. The drive-thru ATM has been designed such that it will not impact the existing uses on the site, on-site circulation, parking, or other properties in the area. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Access to the subject site is from Lakewood Blvd, Firestone Blvd, Woodruff Ave, and Cecilia St. The surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. 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 the Conditional Use Permit (PLN -11-00191), 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 21St day of September, 2011. Robert Kiefer, Chairman City Planning 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 1St day of December, 2010, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Garcia, Morales, Murray, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission Conditional Use Permit (PLN -11-00191) — 251 Stonewood St September 21, 2011 - Page 2 Resolution No. 11-2732 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -11-00191) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN -11-00191) permits the operation of 24- hour drive-thru ATM within the parking lot of Stonewood Center, located at 251 Stonewood Street. 2) 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. 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 conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 5) The height of the ATM and canopy cover shall not exceed 9'-6 6) The drive-thru lane shall maintain a minimum width of 10' and shall be long enough to accommodate five cars (20' per car). 7) Prior to submittal of plans to plan check, the applicant shall remove the roof sign from the plans. Any other sign shall comply with the requirements set forth in the Downey Municipal Code. 8) The 4' wide landscape planter between the drive-thru lane and all other on-site circulation lanes shall be maintained. Type, size, and quantity of plants shall be reviewed and approved by the City Planner prior to the issuance of building permits. 9) All lighting associated with the ATM shall be directed, shielded, and/or reduced such that it does not illuminate the adjoining right-of-way. BUILDING 10) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 11) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. FIRE 12) All construction shall comply with the 2010 California Fire Code, this may include the required to install an automatic fire sprinkler within the canopy area. HACommunity Development\Planning Comm ission\Resolutions\2011111-2732.doc Conditional Use Permit (PLN -11-00191)-251 Stonewood St September 21, 2011 - Page 3