HomeMy WebLinkAbout2. PLN-13-00181 - 11416 Old RiverSTAFF REPORT
DATE: OCTOBER 16, 2013
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN -13 -00181 - A REQUEST FOR APPROVAL OF A CONDITIONAL USE
PERMIT TO OPERATE A ZUMBA FITNESS STUDIO
LOCATION: 11416 OLD RIVER SCHOOL ROAD
ZONING: C -2 (GENERAL COMMERCIAL)
REPORT SUMMARY
On August 26, 2013, Yolanda Cazares and Alicia Barajas submitted a Land Use Permit Application
(hereinafter referred to as PLN -13- 00181), seeking approval of the Planning Commission's
approval of a conditional use permit to establish a "Zumba" fitness dance studio. After reviewing
the Applicant's request, staff recommends that the Planning Commission adopt the following
resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -13 -00181 — A REQUEST FOR APPROVAL OF A
CONDITIONAL USE PERMIT TO OPERATE A ZUMBA FITNESS STUDIO, AT
11416 OLD RIVER SCHOOL ROAD, ON PROPERTY ZONED C -2 (GENERAL
COMMERCIAL)
BACKGROUND
The Applicants, Yolanda Cazares and Alicia Barajas are requesting approval of a conditional use
permit to operate a Zumba fitness studio (Yoli's Zumba), as a tenant of an existing shopping
center. The rectangular- shaped site is located at the south east corner of Old River School Road
and Burns Avenue. This intersection is immediately south of Firestone Boulevard and the Union
Pacific Railroad right -of -way, which runs parallel to Burns Avenue. The subject property covers
approximately 76,860 square feet of land, with 384.26 feet of frontage along Old River School
Road and 200.11 feet of frontage along Burns Avenue. It is comprised of a standalone restaurant
(Habana Cafe) and the L- shaped, single -story commercial building, at which, the applicant seeks to
utilize the tenant space addressed as 11416 Old River School Road for their use. The subject
property is zoned C -2 (General Commercial) with a General Plan Land Use Designation of
General Commercial (GC). It exists in an area with similarly -zoned commercial developments to
the north, south, and west, with single - family residences abutting the easterly side of the site.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
11416 Old River School Road
DISCUSSION
PLN -13 -00181 requests the Planning Commission's approval of a Zumba Fitness studio. The
proposed use (Yoli's Zumba) would occupy one of 16 tenant spaces at the subject site. The tenant
space comprises 1,500 sq. ft. of floor area, which includes the workout area, a restroom and a
small storage room. In a letter of intent submitted with the application for PLIV -13- 00181, the
applicants mention that they will conduct one —hour Zumba classes from Monday through
Saturday at the following times:
Monday through Friday (three classes): 8:00 a.m., 6:30 p.m. and 7:30 p.m.
Saturday (one class only): 8:30 a.m.
The applicants also intend to emphasize the importance of good nutrition with exercise;
therefore, they intend to provide Herbalife product samples on display for their patrons and for
anyone interested in that product.
Zumba is an aerobic fitness program that features interval training sessions that combine Latin
rhythms (salsa, meringue, cumbia, reggaeton, samba, and other international music styles) with
dance to make exercise fun. Zumba uses specific beats and tempo changes to transition the
workout from one toning, strengthening or cardio move to another, and targets every major
muscle group in the body. The Zumba program borrows Latin flavor from the following dance
styles: Cumbia, Salsa, Meringue, Mambo, Flamenco, Chachacha, Reggaeton, Samba, Belly
dancing, Bhangra, Hip Hop, and Tango. Music is an essential element for the success of the
Zumba program.
Staff is concerned that noise will become an issue with the proposed use. Music is an essential
element of Zumba, because music dictates the pace and intensity of the workouts. The music will
be played loudly to obtain the full effect of the Zumba program and it will be played loudly to benefit
the participants. This will undoubtedly impact tenants of the shopping center and the residential
uses to the east.
PLN -13 -00181 —11416 Old River School Road.
October 16, 2013 - Page 2
Section 9126 of the Downey Municipal Code includes dance studios, and health and fitness clubs
among the types of uses defined as "Commercial Recreation." Section 9314.04 of the Code
requires a conditional use permit for commercial recreation uses in the C -2 (General Commercial)
zones. These standards suggest that the proposed use is appropriate for this location.
The parking standard for health clubs is one parking space per 300 square feet of gross floor area.
By that standard, Yoli's Zumba would require five Parking spaces, based on the ratio of 1,500 sq.
ft. of floor area /300. The subject site does not meet the minimum amount of required parking due
to its development in the 1968, but staff does not expect the proposed Zumba Studio to impact the
center's parking supply because the existing center was developed for retail uses, which abide by
a more stringent parking requirement.
FINDINGS
Pursuant with Section 9824 of the Downey Municipal Code, staff has reviewed the proposal and
has developed the following findings to support the approval of PLN -13- 00181:
1. That the requested conditional use permit will not adversely affect the intent and
purpose of this article or the City's General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The subject site's use as a Zumba exercise and fitness studio is consistent with its General
Plan designation of "General Commercial." The request will be compatible with the
development patterns in the area and the scale is small enough that it will not impact
nearby uses. Nevertheless, the requested conditional use permit could adversely affect the
purpose and intent of the Downey Municipal Code, if the proposed use exceeds the parking
standards for the subject site and if the proposed use generates a noise level that affects
surrounding uses and properties. The Downey General Plan, Vision 2025, established a
goal to minimize noise impacts on sensitive land uses. Zumba workout sessions require
loud music, which could generate unacceptable noise levels. The proposed use requires
only five parking spaces, an amount that is consistent with the amount of parking this
center was designed to accommodate for retail uses. But off - street parking could impact
other tenants of the shopping center if the proposed use increases the number of classes
the applicant proposes and if the number of participants in a class exceeds twenty (patrons
and instructors combined). Therefore, conditions of approval have been prepared to
address these issues.
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 development on the subject property is oriented towards Old River School Road and
located within a commercial center. The subject property is currently used as a multi- tenant
retail center. Although the Zumba exercise and fitness studio may create a noise impact,
conditions of approval have been included to mitigate such impacts. As such, the requested
use will not adversely affect adjoining land uses and the growth and development of the
area.
3. That 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 size and shape of the subject property is adequate to allow the full development of the
proposed use in a manner not detrimental to the area. The subject property covers
approximately 76,860 square feet of land, with 384.26 feet of frontage along Old River
PLN -13 -00181 —11416 Old River School Road.
October 16, 2013 - Page 3
School Road and 200.11 feet of Frontage along Burns Avenue, which exceeds the minimum
requirements of the Downey Municipal Code.
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 will not impose an undue burden upon the streets
and highways in the area. A major arterial street (Firestone Boulevard), a secondary arterial
street (Old River School Road), and a collector street (Burns Avenue) border the subject
property. Firestone Boulevard provides immediate access to the Interstate 710 Long Beach
Freeway and the Interstate 605 San Gabriel River Freeway and serves a through route for
traffic passing east and west through the City. Firestone Boulevard and Old River School
Road have sufficient capacity to absorb any additional traffic the requested use may create.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter. Staff completed a review of the application and deemed the application complete on
September 26, 2003. Staff mailed notices of the pending public hearing to all property owners
within 500 feet of the subject site and published the notice in the Downey Patriot on October 3,
2013.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN -13- 00181, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution
PLN -13 -00181 —11416 Old River School Road.
October 16, 2013 - Page 4
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W ^* August 26, 2013
ING
From: Yolanda Cazares & Alicia Barajas
RE: Yoli's Zumba
To Whom It May Concern:
This letter is to explain the activities planned to be carried out at 11416 Old River School
Road.
There will be one hour Zumba fitness classes from Monday thru Saturday. The class
times will be as follow:
- -- Monday thru Friday
8:OO am, 6:30pm &7:30 pm
- -- Saturday
8:30 am
Furthermore, since it is the best practice to combine exercise and nutrition, we will have
Herbalife product samples on display for anyone who is interested can order from a
catalog directly from Herbalife and be shipped to their homes. Thank you in advance.
Respectfully Submitted,
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FRDNT
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -13 -00181 — A REQUEST FOR APPROVAL OF A CONDITIONAL
USE PERMIT TO OPERATE A ZUMBA FITNESS STUDIO, AT 11416 OLD RIVER
SCHOOL ROAD, ON PROPERTY 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 August 26, 2013, the Applicants, Yolanda Cazares and Alicia Barajas,
submitted a Land Use Permit Application (hereinafter referred to as PLN -13-
00181) seeking approval of a conditional use permit to establish a " Zumba"
fitness and dance studio on the site of a retail center and located at 11416 Old
River School Road in Downey.
B. The subject property is zoned C -2 (General Commercial) with a land use
designation of General Commercial.
C. On September 26, 2013, staff deemed the application complete, thus allowing it
to be scheduled for a public hearing.
D. On October 3, 2013, notice of the pending public hearing was published in the
Downey Patriot was sent to all property owners within 500' of the subject site.
E. The Planning Commission held a duly noticed public hearing on October 16,
2013, 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 hearing, the Planning Commission further finds, determines and declares that:
1. That the requested conditional use permit will not adversely affect the
intent and purpose of this article or the City's General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof.
The subject site's use as a Zumba exercise and fitness studio is consistent with
its General Plan designation of "General Commercial." The request will be
compatible with the development patterns in the area and the scale is small
enough that it will not impact nearby uses. Nevertheless, the requested
conditional use permit could adversely affect the purpose and intent of the
Downey Municipal Code, if the proposed use exceeds the parking standards for
the subject site and if the proposed use generates a noise level that affects
surrounding uses and properties. The Downey General Plan, Vision 2025,
established a goal to minimize noise impacts on sensitive land uses. Zumba
Resolution No.
Downey Planning Commission
workout sessions require loud music, which could generate unacceptable noise
levels. The proposed use requires only five parking spaces, an amount that is
consistent with the amount of parking this center was designed to accommodate
for retail uses. But off - street parking could impact other tenants of the shopping
center if the proposed use increases the number of classes the applicant
proposes and if the number of participants in a class exceeds twenty (patrons
and instructors combined). Therefore, conditions of approval have been
prepared to address these issues.
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 development on the subject property is oriented towards Old River School
Road and located within a commercial center. The subject property is currently
used as a multi- tenant retail center. Although the Zumba exercise and fitness
studio may create a noise impact, conditions of approval have been included to
mitigate such impacts. As such, the requested use will not adversely affect
adjoining land uses and the growth and development of the area.
3. That 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 size and shape of the subject property is adequate to allow the full
development of the proposed use in a manner not detrimental to the area. The
subject property covers approximately 76,860 square feet of land, with 384.26
feet of frontage along Old River School Road and 200.11 feet of frontage along
Burns Avenue, which exceeds the minimum requirements of the Downey
Municipal Code.
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 will not impose an undue burden upon the
streets and highways in the area. A major arterial street (Firestone Boulevard), a
secondary arterial street (Old River School Road), and a collector street (Burns
Avenue) border the subject property. Firestone Boulevard provides immediate
access to the Interstate 710 Long Beach Freeway and the Interstate 605 San
Gabriel River Freeway and serves a through route for traffic passing east and
west through the City. Firestone Boulevard and Old River School Road have
sufficient capacity to absorb any additional traffic the requested use may create.
SECTION 4. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN -13 -00181
(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.
PLN -13 -00181 (Conditional Use Permit) — 11416 Old River School Road
October 16, 2013 - Page 2
Resolution No.
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16'h day of October 2013.
Louis Morales, Chairman
City 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 16'h day of
October 2013 by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN -13 -00181 (conditional Use Permit) — 11416 Old River School Road
October 16, 2013 - Page 3
Resolution No.
Downey Planning Commission
EXHIBIT A — CONDITIONS OF APPROVAL
PLN -13 -00181 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -13 -00181 (Conditional Use Permit authorizes the use of the tenant
space within a shopping center and located at 11416 Old River School Road, as a
Zumba fitness studio.
2) The Zumba fitness classes authorized by PLN -13- 00181, shall be conducted for one -
hour sessions, Monday through Saturday, and at the following times:
• Monday through Friday (three classes): 8:00 a.m., 6:30 p.m. and 7:30 p.m.
• Saturday (one class only): 8:30 p.m.
3) 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.
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) All conditions of approval for PLN -13 -00181 (Conditional Use Permit) shall be complied
with before the Conditional Use Permit becomes valid.
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) The owner /applicant shall not permit any loitering on the property.
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.
PLN -13 -00181 (Conditional Use Permit) — 11416 Old River School Road
October 16, 2013 - Page 4
Resolution No.
Downey Planning Commission
9) No recitals, shows or exhibits shall be held on these premises at any time.
10) The number of participants in a class shall not exceed twenty persons (patrons and
instructors combined).
11) Within 90 days of the approval of PLN -12- 00181, the applicant shall provide sound barrier
walls along any interior, shared walls between this tenant space (11416 Old River School
Road) and the immediately adjacent tenant spaces.
BUILDING
12) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
13) Prior to the commencement of any construction, the owner /applicant shall obtain all
required permits. Additionally, the applicant shall obtain all necessary inspections and
permit finals prior to beginning operation of the site.
FIRE
14) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
PUBLIC WORKS
15) 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 Standard Plans and Specifications for
Public Works Construction and as modified by the City of Downey's Standards Plans
and Specifications.
16) The owner /applicant shall comply with American Disabilities Act (ADA) standards.
17) The owner /applicant 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 Water Resources
Control Board, and Ordinance 1142 of the Downey Municipal Code (DMC) for all onsite
construction. Furthermore, the owner /applicant shall and is required to certify and
append Public Works standard "Attachment A ", a copy of which can be provided to the
applicant/owner by the Public Works Department, as required by the LACoDPW
Stormwater Quality Management Plan (SQMP).
PLN -13 -00181 (Conditional Use Permit) — 11416 Old River School Road
October 16, 2013 - Page 5
Resolution No.
Downey Planning Commission
Attachment A
Storm Water Pollution Control Requirements for Construction Activities
Minimum Water Quality Protection Requirements for All Development Construction
Projects /Certification Statement
The following is intended as an attachment for construction and grading plans and
represent the minimum standards of good housekeeping which must be implemented on
all construction sites regardless of size.
Eroded sediments and other pollutants must be retained on site and may not be
transported from the site via sheetflow, swales, area drains, natural drainage courses or
wind.
Stockpiles of earth and other construction related materials must be protected from
being transported from the site by the forces of wind or water.
Fuels, oils, solvents and other toxic materials must be stored in accordance with their
listing and are not to contaminate the soil and surface waters. All approved storage
containers are to be protected from the weather. Spills must be cleaned up immediately
and disposed of in a proper manner. Spills may not be washed into the drainage system.
n Non -storm water runoff From equipment and vehicle washing and any other activity shall
be contained at the project site.
❑ Excess or waste concrete may not be washed into the public way or any other drainage
system. Provisions shall be made to retain concrete wastes on site until they can be
disposed of as solid waste.
Trash and construction related solid wastes must be deposited into a covered receptacle
to prevent contamination of rainwater and dispersal by wind.
F1 Sediments and other materials may not be tracked from the site by vehicle traffic. The
construction entrance roadways must be stabilized so as to inhibit sediments from being
deposited into the public way. Accidental depositions must be swept up immediately and
may not be washed down by rain or other means.
Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to
inhibit erosion by wind and water.
II Other
As the project owner or authorized agent of the owner, I have read and understand the
requirements listed above, necessary to control storm water pollution from sediments, erosion,
and construction materials, and I certify that I will comply with these requirements.
Project Name:
Project Address:
Print Name
Signature
(Owner or authorized agent of the owner)
Date
(Owner or authorized agent of the owner)
PLN -13 -00181 (Conditional Use Permit) — 11416 Old River School Road
October 16, 2013 - Page 6