HomeMy WebLinkAboutPC Reso 11-2739RESOLUTION NO. 11-2739
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -11-00238 (CONDITIONAL USE PERMIT) — A REQUEST TO
ALLOW INDOOR BATTING CAGES ON PROPERTY LOCATED AT 12434
BELLFLOWER BOULEVARD, ZONED C -M (COMMERCIAL MANUFACTURING).
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 30, 2011, the applicant, Samuel Torres III, submitted an
application for PLN -11-00238 (Conditional Use Permit), a request to allow indoor
batting cages on property located at 12434 Bellflower Boulevard, zoned C -M
(Commercial Manufacturing); and,
B. On October 30, 2011, staff deemed the application complete, thus allowing it to
be scheduled for a public hearing; and,
C. On November 23, 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; and,
D. The Planning Commission held a duly noticed public hearing on December 7,
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. 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:
1. 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 Program 1.1.5.3 states that the City should "Promote recreation
and entertainment uses that serve the needs of the public." As such, the
proposed use provides a recreation service to the public that is not currently
being provided within the City. Furthermore, the applicant has undertaken the
required entitlement procedure per Downey Municipal Code Section 9314.04(a),
Table 9.3.5.
2. That 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. The proposed
recreational use will not prevent surrounding properties from being developed
further since the use will be located within an existing building and does not call
for any additions to said building.
Resolution No. 11-2739
Downey Planning Commission
3. That 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 property is a triangular-shaped, 7.8 acre lot that is located on the northwest
corner of Imperial Hwy. and Bellflower Blvd. The site is currently improved with
two, multi -tenant buildings and a fast food restaurant (Jack in the Box). The
proposed location of the batting cages is within an existing tenant space. In
addition, this use will decrease the need for parking from the current 317 required
parking spaces to 313. As such, the subject site has sufficient shape and size to
accommodate the proposed use.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area.
Bellflower Boulevard serves the project site and it is classified as a Secondary
Arterial Highway on the City's Master Plan of Streets and Highways. The volume
of traffic that the commercial recreation use is estimated to generate will not
burden the highway. The highway contains two lanes in each direction and as
such, is able to absorb any additional traffic, if any, that 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 -11-00238
(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. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th of December, 2011.
�� 4)
Robert Kiefer, Chairn`ran
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 7th day of
D.eeernber, 2011 by the following vote, to wit:
AYES:
COMMISSIONERS:
Garcia, Morales, Murray, Kiefer
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Lujan
A aC:J'a .
Theresa Donahue, Secretary
City Planning Commission
(PLN) -11-00238 (Conditional Use Permit) — 12434 Bellflower Blvd.
December 7, 2011 - Page 2
Resolution No. 11-2739
Downey Planning Commission
EXHIBIT A — CONDITIONS OF APPROVAL
PLN -11-00238 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -11-00238 (Conditional Use Permit), allows indoor batting cages on
property located at 12434 Bellflower Boulevard, zoned C -M (Commercial
Manufacturing).
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 for PLN -11-00238 (Conditional Use Permit) shall be complied
with before the Conditional Use Permit becomes valid.
5) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
Should any noise complaints be formally submitted to the Police Department/ Code
Enforcement, the applicant/owner shall be responsible to hire a noise -consultant to
measure the dBA during use, and provide the evidence to the City Planner that said use
does not exceed 65 dBA.
6) The owner/applicant shall not permit any loitering on the property.
BUILDING
7) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
8) Prior to the commencement of any 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
9) The applicant shall provide a Knox key access and/or box to the satisfaction of the Fire
Department.
10) The applicant shall provide emergency lighting, exit signs, 2A-1 OBC fire extinguishers to
the satisfaction of the Fire Department.
HACommunity Development\Planning Commission\Resolutions\2011\11-2739.doc
(PLN) -11-00238 (Conditional Use Permit) — 12434 Bellflower Blvd.
December 7, 2011 - Page 3