HomeMy WebLinkAbout1. PLN-12-00221 - 7444 FlorenceSTAFF REPORT
DATE:
NOVEMBER 7, 2012
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-12-00221 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A
ZUMBA FITNESS DANCE STUDIO ON PROPERTY LOCATED AT 7444
FLORENCE AVENUE, ZONED C-2 (GENERAL COMMERCIAL)
CEQA
Staff has reviewed the proposed project for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this review, staff determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing
Facilities). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and have been exempted from the requirements of the
California Environmental Quality Act. Class 1, includes minor expansion of uses including this
request. It is staff’s opinion the proposed zumba dance studio will not have a significant effect
on the environment; thereby qualifying for the Class 1 exemption.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolutions:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
PLN-12-00221 (CONDITIONAL USE PERMIT), THEREBY ALLOWING THE OPERATION OF A
ZUMBA FITNESS DANCE STUDIO ON PROPERTY LOCATED AT 7444 FLORENCE AVENUE,
ZONED C-2 (GENERAL COMMERCIAL)
CODE AUTHORITY
Section 9314.04 of the Downey Municipal Code requires a conditional use permit for commercial
recreation uses in the C-2 (General Commercial) zones. The Planning Commission’s authority to
consider conditional use permit applications is set forth in Section 9802 of the Code.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
7444 FLORENCE AVE
SITE DESCRIPTION
A. Subject Property
1. Property Information
Site Location: 7444 Florence Avenue
AIN 6249-001-031
2. Applicant Information
Project Representative: Jesus H. Cerecer
10124 Maple Street
Bellflower, CA 90706
Elizabeth Kelly
Property Owner:
Tri-Delta Management Inc.
13440 Paramount Blvd #G,
South Gate, CA
3. CEQA Determination
Categorical Exemption, Class 1
(Existing Facilities)
4. Noticing Information
Applicant Notification: October 8, 2012
Required Action Date: December 7, 2012
B. Surrounding Properties
Zone Use
North C-2 (General Commercial) Apartment complex
East
C-2 (General Commercial) Bowling alley
South
R-1 5,000 (Single Family Residential) Single family homes
West
C-2 (General Commercial) Supermarket and retails
PLN-12-00221 – 7444 Florence Ave
November 7, 2012 - Page 2
C. Aerial Photograph of Subject Property
BACKGROUND
The applicant, Mr. Jesus Cerecer, requests approval of a conditional use permit, to establish a
zumba fitness dance studio at 7444 Florence Avenue. The rectangular-shaped property is located
on the south side of Florence Avenue, just east of Old River School Road. The 46,609 square
foot in-line shopping center includes a 13,200 square foot single-story retail building that
contains retail units, office units, and personal services. Mr. Cerecer proposes to locate his
fitness studio business in a 1,740 square foot tenant space. The subject property is zoned C-2
(General Commercial) with a General Plan Land Use Designation of General Commercial (GC).
On August 24, 2012, Mr. Cerecer submitted an application for PLN-12-00221 (Conditional Use
Permit) for the zumba fitness dance studio. Staff completed a review of the application on October
8, 2012, and deemed it complete. On October 25, 2012, notice of the pending public hearing was
sent to all property owners within 500’ of the subject site and it was published in the Downey
Patriot.
DISCUSSION/ANALYSIS
According to Mr. Cerecer, Zumba is an aerobic fitness program that features training sessions
using music rhythm such as salsa, cha-cha-cha, and tango with dance to make exercise more
entertaining and help keep his client’s bodies in shape. The proposed business hours will be
Monday through Saturday, between 8:00 a.m. and 10:00 a.m., Monday through Friday, 6:00 p.m.
to 9:00 p.m., and closed Sunday. Each session will last an hour fo r a total of five (5) sessions per
day, except two (2) sessions on Saturday. The fitness dance area will not have electronic nor
stationary exercise equipment.
After evaluating the application, staff supports the proposed conditional use permit request;
however, staff is concerned about the music and noise levels that will be generated from the
establishment. To mitigate and to avoid future problems, staff recommends the following conditions
of approval:
The main entry (west) door leading to the subject business shall remain closed during the
permitted hours of operation.
PLN-12-00221 – 7444 Florence Ave
November 7, 2012 - Page 3
The owner/applicant shall ensure that the east (rear) door remains closed during all hours
of operation, except to allow employee ingress/egress and in case of emergency.
The owner/applicant shall provide sound barrier walls along any shared interior walls
between the subject tenant space and immediately adjacent tenant spaces within.
It is staff’s opinion that the establishment of this fitness dance studio is not expected to have any
significant negative impacts since no physical expansion of the existing building footprint is needed
to accommodate it. The applicant is simply converting the existing building into a new fitness dance
studio.
Parking
The subject site has fifty-nine (59) off-street parking spaces, which represents a surplus number of
parking spaces above the amount required by the Zoning Code. Based on the parking requirement
of one parking space for each 250 square feet of retail use, one space for each 200 square feet of
medical use, and one space for each 300 square feet of proposed fitness dance studio and
personal services, the combined 13,200 square feet of said uses require a minimum of 54 parking
spaces. This satisfies the required parking for the site. Note that the 54 parking spaces do not
include the required five (5) spaces for the outdoor beverage container recycling center, which was
approved by the Planning Commission in 2008, under Conditional Use Permit No. 08-78.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior
to the Planning Commission approving a Conditional Use Permit. A discussion of the findings
follows:
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.
The requested conditional use permit for the fitness dance studio will not adversely affect the
purpose and intent of the Downey Municipal Code. The subject site is located within the C-2
zone (General Commercial) and has a General Plan Land Use Designation of “General
Commercial”. The intent and purpose of the General Commercial Land Use Designation is to
provide for the development of general commercial and similar uses within the community. The
proposed use is appropriate for the C-2 zone and allowing the fitness dance studio at the
subject site would be consistent with the surrounding commercial uses. Activities of the
proposed fitness studio business, with the conditions of approval, will not impact the welfare of
the nearby residential uses.
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, with little to no vacant properties in
the immediate area. The site was developed in 1959 as a commercial center. Staff believes
that the requested conditional use permit for the fitness studio 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 the parking
lot and/or Florence Avenue instead of the residences to the south. In addition, staff has
proposed several conditions of approval to prevent the use from being a burden to others.
Staff believes that these conditions are necessary to avoid any adverse affects on the
adjoining properties (see Exhibit A – Conditions).
PLN-12-00221 – 7444 Florence Ave
November 7, 2012 - Page 4
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 size and shape of the subject property is adequate to accommodate the requested use.
The subject site is a 46,609 square foot regular-shaped parcel, of which, the proposed use will
be contained within the existing 1,740 square foot tenant space and does not require the
expansion of the building. The property has sufficient size and shape in order to operate the
proposed use and not impact other existing uses in the area.
4.
That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The traffic generated by the proposed use will not impose an undue burden upon Florence
Avenue, a major arterial street. Florence Avenue has sufficient capacity to absorb any
additional traffic the requested use may create.
CORRESPONDENCE
As of the date that this report was printed, staff had not received any correspondence regarding
this matter.
CONCLUSION
Based on the information contained in this report, staff supports the proposed fitness dance studio
business, subject to conditions of approval. Furthermore, staff believes that all findings required to
approve the conditional use permit application for the proposed project can be made in a positive
manner. As such, staff recommends that the Planning Commission adopt a resolution approving
PLN-12-00221 (Conditional Use Permit), subject to the conditions of approval, as stated in this staff
report and in Exhibit A of the Planning Commission Resolution.
H:\Community Development\Nguyen\CASES\CUP\2012\7444 Florence (zumba studio)\12-00221 staff.doc
PLN-12-00221 – 7444 Florence Ave
November 7, 2012 - Page 5
Subject Property
R1-7,500 –Single-Family Residential
R-3 –Multi-Family Residential
C-2 –General Commercial
NORTH
ZONING MAP
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Subject Business
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SITE PHOTOGRAPHS
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RESOLUTION NO. 12-______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-12-00221 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
THE OPERATION OF A ZUMBA FITNESS DANCE STUDIO ON PROPERTY LOCATED
AT 7444 FLORENCE AVENUE, ZONED C-2 (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 Jesus Cerecer, (hereinafter "applicant") requesting
PLN-12-00221 (Conditional Use Permit) to permit the operation of a fitness
dance studio, on property at 7444 Florence Avenue, zoned C-2 (General
Commercial) (hereinafter “subject property”) (AIN 6249-001-031);
B. On October 25, 2012, notice of the public hearing was sent to all property owners
within 500’ of the subject site and the notice was published in the Downey Patriot ;
and,
C. The Planning Commission held a duly noticed public hearing on November 7,
2012 and, after fully considering all oral and written testimony and facts and
opinions offered at aforesaid public hearings, adopted Resolution No. 12-_____ ,
subject to conditions of approval (Exhibit A).
SECTION 2.
The Planning Commission further finds, determines and declares the
environmental impact of the proposed devel opment 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:
A. 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.
The requested conditional use permit for the fitness dance studio will not
adversely affected the purpose and intent of the Downey Municipal Code. The
subject site is located within the C-2 zone (General Commercial) and has a
General Plan Land Use Designation of “General Commercial”. The intent and
purpose of the General Commercial Land Use Designation is to provide for the
development of general commercial and similar uses within the community. The
proposed use is appropriate for the C-2 zone and allowing the fitness dance
studio at the subject site would be consistent with the surrounding commercial
uses. Activities of the proposed fitness studio business, with the conditions of
approval, will not impact the welfare of the nearby residential uses.
B. 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, with little to no vacant
properties in the immediate area. The site was developed in 1959 as a
commercial center. Staff believes that the requested conditional use permit for
Resolution No. 12-_____
Downey Planning Commission
the fitness studio 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 the parking lot
and/or Florence Avenue instead of the residences to the south. In addition, staff
has proposed several conditions of approval to prevent the use from being a
burden to others. Staff believes that these conditions are necessary to avoid any
adverse affects on the adjoining properties (see Exhibit A – Conditions).
C. 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 size and shape of the subject property is adequate to accommodate the
requested use. The subject site is a 46,609 square foot regular-shaped parcel, of
which, the proposed use will be contained within the existing 1,740 square foot
tenant space and does not require the expansion of the building. The property
has sufficient size and shape in order to operate the proposed use and not
impact other existing uses in the area.
D. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
The traffic generated by the proposed use will not impose an undue burden upon
Florence Avenue, a major arterial street. Florence Avenue has 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-12-00221
(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.
th
PASSED, APPROVED AND ADOPTED this 7 day of November 2012.
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
th
Planning Commission of the City of Downey at a regular meeting thereof, held on the 7 day of
November 2012, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
_
Theresa Donahue, Secretary
City Planning Commission
PLN-12-00221 – 7444 Florence Ave
November 7, 2012 - Page 2
Resolution No. 12-_____
Downey Planning Commission
PLN-12-00221 (CONDITIONAL USE PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) The Downey Planning Commission grants this approval of PLN-12-00221 (Conditional
Use Permit) for the operation of a fitness dance studio at 7444 Florence Avenue, as
shown on the approved plans. 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 of the Downey Planning Commission.
2) The permitted hours of operation including stereo music for the business are as follows:
Monday through Saturday, 8:00 a.m. – 10:00 a.m.; and,
Monday through Friday, 6:00 p.m. – 9:00 p.m.
3) The owner/applicant shall ensure that no amplified music will be playing beyond the
permitted hours of operation.
4) The main entry (west) door leading to the subject business shall remain closed during
the permitted hours of operation.
5) The owner/applicant shall ensure that the east (rear) door remains closed during all
hours of operation, except to allow employee ingress/egress and in case of emergency.
6) 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.
7) No recitals, shows or exhibits shall be held on this premise at any time.
8) 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.
9) Within 90 days of the approval of PLN-12-00221 (Conditional Use Permit), the
owner/applicant shall provide sound barrier walls along any shared interior walls
between this (7444 Florence Avenue) tenant space and immediately adjacent tenant
spaces within. The design, materials, and location of the sound walls are subject to the
approval of the City Planner and the Building Official prior to installation.
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November 7, 2012 - Page 3
Resolution No. 12-_____
Downey Planning Commission
10) The owner/applicant shall not permit any loitering on the property.
11) All signs shall comply with the requirem ents set forth in the Downey Municipal Code.
12) A copy of the Conditional Use Permit sha ll be prominently posted on the premises at all
times. The applicant shall make available said copies upon request by any Police
Officer or other City official charged with the enforcement of the City’s laws, ordinances,
or regulations.
13) Approval of PLN-12-00221 shall not be c onstrued 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.
14) 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.
BUILDING
15) Prior to the commencement of interior improvements, 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.
16) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
PUBLIC WORKS/ENGINEERING
17) 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 Standards and Specification for Public
Works Construction and as modified by the City’s Standards and Specifications.
18) The owner/applicant shall comply with American Disabilities Act (ADA) standards.
FIRE
19) Plans to be submitted with Building and Safety shall comply with 2010 California Fire
Code, 2010 California Building Code, current Downey Municipal Code Ordinances and
any other pertinent requirements to be determined at time of plan submission and
review.
20) The owner/applicant shall provide a Knox key access and/or box to the satisfaction of
the Fire Department.
21) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
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November 7, 2012 - Page 4
Resolution No. 12-_____
Downey Planning Commission
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