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HomeMy WebLinkAboutPC Reso 12-2760RESOLUTION NO. 12-2760 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -11-00271), THEREBY ALLOWING THE OPERATION OF A VOCATIONAL TRAINING PROGRAM FOR DEVELOPMENTALLY DISABLED ADULTS ON PROPERTY LOCATED AT 8292 TELEGRAPH RD, ZONED C-2 & P -B (GENERAL COMMERCIAL & 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 November 14, 2011, the applicant submitted a Conditional Use Permit (PLN -11- 00271) application, requesting to operate a vocational training program for developmentally disabled adults at the subject site. Due to missing information on the project plans, staff subsequently deemed the application incomplete; and, B. On February 27, 2012, the applicant submitted the remaining material needed to complete the application. Accordingly, staff deemed the application complete on March 6, 2012; and, C. On March 8, 2012, 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. D. The Planning Commission held a duly noticed public hearing on March 21, 2012 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: 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. Goal 5.9 of the General Plan states, "Promote the well-being and general health of those that live and work in Downey." The proposed use is for a vocational training program to help developmentally disabled adults get and keep gainful employment. This includes training on basic hygiene and proper work etiquette. By helping this portion of the population become employed, they will be assisted with living well and promote good general health. As such, approval of this Conditional Use Permit is consistent with the General Plan. 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. The proposed use will occupy a portion of the existing building and Resolution -No. 12-2760 Downey Planning Commission will not require an expansion of the site. Nevertheless, there is a parking deficiency on the site; however, the existing non -conforming parking will not create an impact to the neighbors since there is limited number of users on the site and the majority of them will be bussed to the site via a private transportation company. Notwithstanding this, several conditions of approval have been included to prevent the use from being a burden onto others. 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 proposed use will be contained within an existing site, which does not require an expansion of the buildings. As noted in the previous finding, the existing nonconforming parking will not create a parking issue for the area. Therefore, the use will not impact the other properties in the area. As such, the subject has sufficient shape and size to accommodate the proposed use. 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 Telegraph Rd and Birchbark Ave. 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. Furthermore, a condition of approval requiring all vans dropping off/picking up clients be driven onto the site and not be parked on the street. 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 -11-00271), 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 March, 2012. Y Michael Murray, Chairman City Planning Commission Conditional Use Permit (PLN -11-00271) — 8292 Telegraph Rd March 21, 2012 - Page 2 Resolution No. 12-2760 Downey 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 21St day of March, 2012, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Morales, Kiefer, Murray NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Garcia ABSTAIN: COMMISSIONER: None Theresa Donahue, Secretary City Planning Commission Conditional<Use,Permit (PLN -11-00271) — 8292 Telegraph Rd March 21, 2012 - Page 3 Resolution No. 12-2760 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -11-00271) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN -11-00271) permits the operation of a vocational training program for developmentally disabled adults on property located at 8292 Telegraph Rd (AIN 6367-016-013). 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 Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 6) The vocational training school shall not occupy more than 3,739 square feet of the building. The remaining 3,707 square feet of the building shall not be leased or used by a separate business. 7) The basement within the building shall not be used for business purposes, other than storage. 8) The business shall be permitted to operate Monday through Friday - 9:00 a.m. to 2:00 p.m. 9) All signs, including temporary signs, shall comply with the requirements set forth in the Downey Municipal Code. 10) Prior to the commencement of business, the applicant shall obtain necessary permits and inspections to divide the building into two tenant spaces. Conditional Use Permit (PLN -11-00271) — 8292 Telegraph Rd March 21, 2012 - Page 4 Resolution No. 12-2760 Downey Planning Commission 11) Clients shall be driven to and from the site using a transportation company, there shall be no private drop off and/or pick-up of clients at the site. Transportation vans shall pull onto the site on Birchbark and drive around the back of the building for drop off/pick-up. At no time shall the vans be parked on the street or be stored on the site. 12) Prior to the commencement of business, the applicant shall perform the following site improvements: a) The entire building shall be repainted. Prior to painting, the color of the building shall be approved by the City Planner. b) The applicant shall remove all the bricks in the Birchbark parkway, across the property frontage. The parkway shall be planted with grass or other similar material, as approved by the Director of Public Works. C) All on-site landscaping planters shall be planted with a ground cover that is approved by the City Planner. 13) Any graffiti on the site shall be removed within 48 hours of application. 14) Trash bins shall be stored behind the gates on the side of the building or a trash enclosure shall be provided. BUILDING 15) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. FIRE 16) All construction shall comply with the 2010 California Fire Code. PUBLIC WORKS 17) Should the applicant be required to bring new utilities onto the site, they shall installed underground 18) Any construction activity within the scope of work of this project 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, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 19) Prior to final of building permits, the applicant shall remove all construction graffiti created as part of this project from the public right of way and on the subject site. 20) Prior to the commencement of business, the owner/applicant shall reconstruct sidewalk, and disabled ramps along property frontage to the standards of the Department of Public Works. Broken, uneven, or sub -standard curb, gutter, sidewalk, driveway, disabled ramps and pavement, 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. 21) The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of Conditional Use Permit (PLN -11-00271) — 8292 Telegraph Rd March 21, 2012 - Page 5 Resolution No. 12-2760 Downey Planning Commission 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 HACommunity Development\Planning Commission\Resolutions\2012\12-2760.doc Condiflartall, Use Permit (PLN -11-00271) — 8292 Telegraph Rd March 21, 2012 - Page 6