HomeMy WebLinkAbout4. PLN-12-00251 - 12143 paramountSTAFF REPORT
DATE:
NOVEMBER 7, 2012
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-12-00251 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A
PERSONAL TRAINING/FITNESS CENTER AT 12143 PARAMOUNT BLVD, ZONED
C-2 (GENERAL COMMERCIAL).
CEQA
Staff has reviewed the proposed use for compliance with the California Environmental Quality Act
(CEQA). Upon completion of this review, it has been determined that this request is categorically
exempt from CEQA, pursuant to Guideline Se ction 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 consists of pr ojects that involve no or negligible expansion of
the existing use. The proposed use will occupy an existing tenant space, thus is not considered an
expansion of the building and uses contained therein.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A
CONDITIONAL USE PERMIT (PLN-12-00251), TH EREBY ALLOWING THE OPERATION OF A
PERSONAL TRAINING/FITNESS CENTER AT 12143 PARAMOUNT BLVD, ZONED C-2
(GENERAL COMMERCIAL)
CODE AUTHORITY
The applicant is making his request pursuant to the provisions of Municipal Code Sections 9314.04
(Permitted Uses) and 9824 (Conditional Use Permit). The Planning Commission’s authority to
consider the requested project is set forth in Municipal Code Sections 9824 (Conditional Use Permits).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
12143 Paramount Blvd
SITE DESCRIPTION
A. Subject Property
1. Property Information
Site Location: 12143 Paramount Blvd
AI N 6246-007-004
2. Applicant Information
Applicant: Raymond Gonzalez
Pledge Fitness Physical Training
7308 Luxor St
Downey, CA 90241
Property Owner: Bruce Hohn
12139 Paramount Blvd
Downey, CA 90242
3. CEQA Determination:
Categorical Exemption (Class 1)
4. Noticing Information
Applicant Notification: October 22, 2012
Required Action Date: December 21, 2012
Conditional Use Permit (PLN-12-00251) – 12143 Paramount Blvd
November 7, 2012 - Page 2
B. Surrounding Properties
North
– The property to the north of the project site is improved with a multi-tenant
shopping center that includes a variety of commercial businesses. This property is zoned
C-2 (General Commercial) and has a General Plan Land Use Designation of Office.
South
– The properties to the south of the project site are also improved with multi-tenant
buildings that include a variety of commercial businesses. These properties are zoned C-2
(General Commercial) and have a General Plan Land Use Designation of Office .
East
– The properties to the east of the subject site are located across Paramount Blvd and
contain an auto-repair business, vacant retail space, and an adult-day care. These
properties are zoned C-2 (General Commercial) and have a General Plan Land Use
Designation of Office .
West
– The properties to the west of the subject site are improved with single-family
homes. These parcels are zoned R-1 5,000 (Single-Family Residential) and have a
General Plan Land Use Designation of Low Density Residential.
C. Site Photographs
BACKGROUND
The subject site is a 16,140 square foot parcel that is located on the east wide of Paramount Blvd,
between Melva St and Albia St. The site is improved with a 7,700 square foot multi-tenant building
that includes a children’s store, beauty salon, law office, and the subject vacant tenant space. The
building is located on the eastern portion of the site, adjacent to Paramount Blvd. The site shares a
Conditional Use Permit (PLN-12-00251) – 12143 Paramount Blvd
November 7, 2012 - Page 3
parking lot, which is accessed from the back ally, with the adjoining properties to the south. The
parking lot has a total of 67 parking spaces, of which 21 are located on the subject site.
On October 2, 2012, the applicant submitted a Conditional Use Permit (PLN-12-00251) application,
requesting to operate the physical training/fitness center at the subject site. After a comprehensive
review of the request, staff deemed the application completed on October 22, 2012.
On October 25, 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.
DISCUSSION/ANALYSIS
The applicant is proposing to occupy a 2,117 square foot tenant space to operate the physical training
center. The proposed hours of operation are from 5:00 a.m. to 10:00 p.m., seven (7) days a week.
According to the applicant, the training center will offer a unique training method, in which one hour
group sessions will be taught with 10-14 customers per session. Th e session will include calisthenics,
Olympic lifts, military-style exercises, and other unique movements. At this time, the applicant is not
proposing to set up a standard gym with weights and cardio equipment. Instead they will have an
area for squat racks and pull up bars, with the remainder area being used for classroom. The
applicant will be using free weights, such as barbells, rubber plats, kettlebells, medicine balls,
resistance band, slam balls, dumbbells, flip tires, climbing ropes, battle ropes, and jump ropes. Due to
the nature of the business, only minimal tenant improvements will be required to open the business.
Overall staff is not concerned about impacts to the area with the operation of this business. Staff feels
there is sufficient parking on site and that the streets and alleys can handle any additional traffic
created by the use. Staff is concerned, however, about potential noise impacts created by groups
working out and/or music playing from the facility. Most particular, staff is concerned about noise
impacts on the adjacent residential areas. Accordingly, staff is recommending a condition of approval
that requires the west door to remain closed at all times, except to permit employee/customer ingress
and egress.
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. 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.
It is a goal of the General Plan to “Provide sufficient land areas for uses that serve the
needs of residents, visitor’s and businesses” (Goal 1.1). Based on a survey of the area, it
appears that no other fitness centers are located in the immediate vicinity. It is staff’s
opinion that approval of this Conditional Use Permit will provide a necessary service to
those who live and work in the area, thereby being consistent with this goal. Accordingly,
staff feels that this finding can be adopted.
Conditional Use Permit (PLN-12-00251) – 12143 Paramount Blvd
November 7, 2012 - Page 4
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 vicinity. Inasmuch as the proposed use will occupy an existing tenant space
(no additions to the building are being proposed), staff is of the opinion that this use will not
prevent surrounding properties from being dev eloped/redeveloped. Notwithstanding this,
staff has proposed several conditions of approval to prevent the use from being a burden
onto others. Staff believes that these conditions are necessary to avoid any adverse affects
on the adjoining properties. As such, staff feels that this finding can be adopted.
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 tenant space and does not require an
expansion of the building. Even though minimal tenant improvements may be required, it is
staff’s belief that these improvements will not impact the existing uses on the site or other
properties in the area. As such, staff believes that the subject site has sufficient shape and
size to accommodate the proposed use and that this finding can be adopted.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area.
Staff has reviewed the proposal and any potential increase in traffic caused by operation of the
business. It is staff’s opinion that 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. As such, staff believes that this finding can be adopted.
CORRESPONDENCE
As of the date that this report was printed, staff has received one email (attached) in response to
the public notice. The author of the email expresse s concern with noise and litter. Specifically,
she notes that the businesses along Paramount Blvd create litter that blows into the adjoining
neighborhood. Furthermore, she is concerned about on-going noise issues with loud car radios
pulling into the parking lot. The author does note that they are not opposed to the business, but
hope they will take these concerns into consideration and be good neighbors. Staff has reviewed
the letter, to which we note that the complaints are not based on this particular application, but to
all the businesses in the area. These issues have been forwarded to the City’s Code Enforcement
Division for investigation. Furthermore, staff is recommending a condition of approval that all areas
of the property under his control are kept litter free.
CONCLUSION
Based on the analysis contained within this report, st aff is concluding that the proposed Conditional
Use Permit will not create an impact to those who live and work in the area. Furthermore, staff
believes that all of the findings required to approve the Conditional Use Permit can be made in a
positive manner . As such , staff is recommending that the Planning Commission approve the
Conditional Use Permit (PLN-12-00251) , subject to the recommended conditions of approval.
Conditional Use Permit (PLN-12-00251) – 12143 Paramount Blvd
November 7, 2012 - Page 5
Exhibit ‘A’ – Aerial Photograph
Conditional Use Permit (PLN-12-00251) – 12143 Paramount Blvd
November 7, 2012 - Page 6
Exhibit ‘B’ – Zoning Map
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Conditional Use Permit (PLN-12-00251) – 12143 Paramount Blvd
November 7, 2012 - Page 7
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-12-00251),
THEREBY ALLOWING THE OPERATION OF A PERSONAL
TRAINING/FITNESS CENTER AT 12143 PARAMOUNT BLVD, 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. On October 2, 2012, the applicant submitted a Conditional Use Permit (PLN-12-00251)
application, requesting to operate the physical training/fitness center at the subject site;
and,
B. On October 22, 2012, staff deemed the application complete; and,
C. On October 25, 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; and,
D. 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 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 Se ction No. 15301 (Class 2, Existing Facilities).
SECTION 3 .
Having considered all of the oral and written evidence presented to it at
said public hearings, regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
1. 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. It is a goal of the
General Plan to “Provide sufficient land areas for uses that serve the needs of
residents, visitor’s and businesses” (Goal 1.1). Based on a survey of the area, it
appears that no other fitness centers are located in the immediate vicinity. Approval
of this Conditional Use Permit will provi de a necessary service to those who live and
work in the area, thereby being consistent with this goal.
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 vicinity. Inasmuch as the proposed use will occupy an existing tenant
space (no additions to the building are being proposed), this use will not prevent
surrounding properties from being developed/redeveloped. Notwithstanding this,
several conditions of approval to prevent the use from being a burden onto others
has been included in this resolution.
Resolution No.
Do
wney Planning Commission
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 tenant space and does not
require an expansion of the building. Even though minimal tenant improvements
may be required, the improvements will not im pact the existing uses on the site 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. The City has reviewed the proposal and any
potential increase in traffic caused by operation of the business. 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-12-00251), 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 Planning
th
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:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
Conditional Use Permit (PLN-12-00251) – 12143 Paramount Blvd
November 7, 2012 - Page 2
Resolution No.
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN-12-00251)
EXHIBIT A – CONDITIONS
PLANNING
1) The approval of this Conditional Use Permit (PLN-12-00251) allows for the operation of
a fitness center on property located at 12143 Paramount Blvd.
2) Approval of the Conditional Use Permit (PLN-12-00251) 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 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.
4) 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.
5) Hours of operation of the business shall limited to 5:00 a.m. to 10:00 p.m., seven (7)
days a week.
6) Any graffiti applied to the site shall be removed within 48 hours.
7) The door on the west side of the business (facing the alley and residential properties)
shall remain closed at all times, except to permit customer/employee ingress and
egress.
8) Noise generated from the business shall not exceed 65 db(A) as measured from the
property line.
9) The business owner shall keep all areas under his/her control free of litter and debris.
10) All signs shall comply with the requirem ents set forth in the Downey Municipal Code.
11) 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.
Conditional Use Permit (PLN-12-00251) – 12143 Paramount Blvd
November 7, 2012 - Page 3
Pa g e 1of 2
David Blumenthal
From:
Catherine Pannell Waters [cpannellwaters@yahoo.com]
Sent:
Tuesday, October 30, 2012 1:13 PM
To:
David Blumenthal
Subject:
12143 Paramount Blvd. Downey
Dear Mr. Blumenthal,
Thank you for taking my phone call yesterday regarding the proposed fitness
center, Pledge Fitness Physical Traini ng, at 12143 Param ount Blvd., Downey.
When my husband and I moved to Downey 38 years ago, litter, car alarms,
and heavy bass speaker s in cars were not an iss ue, nor was traffic on our
dead end street. Over t he years, the little retail and business district lining
Paramount Blvd. between Melva on the South and Stewart and Gray on the
north, has undergone a slow, dramatic ch ange that the City of Downey seems
to have ignored. Landlor ds and business owners stopped maintaining their
properties, fresh paint and crisp prof essional signage was se en less and dirty
sidewalks and acid etched and tagged windows and dirty stucco was seen
more often than not. A few of the businesses began stretching former
business hours into the early and now (for some) late evening. Many rent out
their businesses for eveni ng seminars and gatherings . A small group of us
have to routinely call code enforcement, public works and graffiti removal to
get weeds cleaned up on City sidewalks in this area, pick up garbage dumped
behind the businesses, and cl ean up the never ending tagging. Not a single
day or single night goes by that residents, living adjac ent to the alley parking
lots behind the strip of businesses bet ween Cole and Melv a on the west side
of Paramount Blvd., are free from multiple ignored car alarms, constant horn
beeping as people set and unset their car alarms, slamming car doors,
throbbing bass speakers and blaring musi c from cars. In a number of
instances, the businesses' security lighting shines into the adjacent
neighborhood, and in our case, right into our front windows. There is never a
day without litter, either, es pecially at Albia Street. All of this serves to
degrade the nearby property values and chip s away at the quality of life of
everyone whose yards back up to the alley west of Paramount between Melva
and Cole and for those whose homes on Samoline face towards Paramount
Blvd. along that same stretch.
We do not want to object to the idea of a new bus iness. And, we wish the
new owners well. However, as nea rby property owners and residents, we
would hope that the new bus iness owners would be ma de aware that their 5
a.m. to 10 p.m. proposed open hours fo r their customers can impact
negatively on adjacent residential ar eas with car alarms, loud music
emanating from vehicles, music emanating from their business, very early
mornin traffic, increased traffic in a resi dential area, and incr eased litter. It
g
11/2/2012
Pa g e 2of 2
would go a long way to neighborhood goodw ill to have them be reminded by the
planning department that the customers of their business wi ll be adjacent to a
residential area and that they should be respectful by being vigilant about car
alarms, turning off their car sound system s, using Paramount Blvd. rather than
neighborhood streets, and not littering.
Thank you again for your time and explanations regard ing the new business being
proposed. And, as I stated, we have no direct objection to the busi ness but do hope
it is operated in a fash ion that enhances the neighbor hood and not fu rther chips
away at it.
Sincerely yours,
Catherine Waters
12079 Samoline Avenue
Downey, CA 90242
11/2/2012