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HomeMy WebLinkAbout4. PLN-13-00196 - 7320 Firestone STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: NOVEMBER 6, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-13-00196 - A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A DANCE STUDIO LOCATION: 7320 FIRESTONE BOULEVARD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY On September 17, 2013, Tomas Olivera submitted a Land Use Permit Application (hereinafter referred to as PLN-13-00196), seeking the Planning Commission’s approval of a conditional use permit to establish a 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-13-00196 – A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A DANCE SYUDIO AT 7320 FIRESTONE BOULEVARD, SUITE 214, ON PROPERTY ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The Applicant, Tomas Olivera, is requesting approval of a conditional use permit to operate a dance studio as a tenant of an existing shopping center called “the West Downey Plaza”. The triangular-shaped property borders Firestone Boulevard, Old River School Road and Arnett Street. It maintains approximately 420 feet of frontage on Firestone Boulevard, 228 feet along Old River School Road, and 620 feet along Arnett Street. The subject property is zoned C-2 (General Commercial) with a General Plan Land Use Designation of General Commercial (GC). Four commercial buildings comprise the 127,200 square foot (2.92 acres) shopping center as follows: two 2-story buildings along the southerly and easterly sides of the subject property (Building A and Building B); a single-story retail building on the westerly side of the subject site (Building C); and a restaurant building (Building D) near the Firestone Boulevard frontage of the site. One-hundred and ninety seven parking spaces exist on the site. The majority of the parking spaces are located between the Firestone Boulevard frontage of the site and in front of Building A and Building B. Approximately 50 spaces exist at the rear of these buildings, adjacent to the Arnett Street frontage. A corridor that extends from the north parking lot to the rear parking lot separates Building A from Building B. Staircases lead from the open corridor to the second floor of each building. Generally, these buildings designate retail uses on the ground floor and office uses on the second floor. SITE PHOTOGRAPH The West Downey Plaza exists in an area with similarly-zoned commercial developments to the north (used car dealership), east (gasoline service station and retail developments) and west (LA Fitness parking lot). Multiple-family residences abut the opposite side of Arnett Street south of the subject site. AERIAL PHOTOGRAPH - WEST DOWNEY PLAZA PLN-13-00196 7320, Suite 214, Firestone Boulevard. November 6, 2013 - Page 2 DISCUSSION The dance studio PLN-13-00196 proposes would occupy Suite 214; a second floor tenant space at the easterly end of Building “B”. This space is accessible from the staircase at the easterly end of Building B. The tenant space comprises approximately 755 sq. ft. of floor area, which includes the workout area and a small storage room. The adjacent tenants include a real estate office to the west and a chiropractor office below it. PROPOSED TENANT SPACE (SUITE 214) FRONT ELEVATION In a letter of intent submitted as part of the application for PLN-13-00196, Mr. Olivera mentioned the studio will offer dance instruction for children and adults. He geared children’s classes for young persons ranging in age from four to thirteen years, while adult classes are for persons aged 14 and older. Instructors teach children ballet, jazz dance, hip hop, tropical dance, and folklore, while adults learn Latin dance, salsa, Zumba and yoga. Four different instructors will teach different dances at different times. PLN-13-00196 proposes one dance session per hour, five sessions per day, and 30 sessions per week. The Applicant estimates ten customers per session. The dance studio hours of operation will occur from 5:00 PM to 10:00 PM Monday through Friday; however, some classes (like Zumba and yoga) will take place Monday, Wednesday, and Friday from 8:00 AM to 11:00 AM. The dance studio will also operate Saturdays from 11:00 AM to 4:00 PM. PLN-13-00196 7320, Suite 214, Firestone Boulevard. November 6, 2013 - Page 3 Section 9126 of the Downey Municipal Code includes dance studios 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 dance studios is one parking space per 300 square feet of gross floor area, which represents the same parking ratio required for General Offices. By that standard, the dance studio PLN-13-00196 proposes requires three parking spaces only, based on the ratio of 755 square feet of floor area /300. As such, staff does not expect the proposed use to impact the center’s parking supply because the dance studio will locate on the second floor of Building B, which is intended for offices. As always, staff is concerned that noise will become an issue with the proposed dance studio. Music is an essential element of the proposed use and the instructors will play it loudly to benefit the participants. This will undoubtedly impact tenants of the shopping center and the residential uses to the south, unless the applicant incorporates measures to mitigate the sound. On October 31, 2013, staff utilized a sound measuring device to conduct a random study of ambient noise in the vicinity of the proposed tenant space. The results of this informal study revealed that the sound levels on the northerly parking lot, immediately below the proposed tenant space, measured as high as 55 decibels. The decibels level in the corridor between Building A and Building B reached 62 decibels. The sound levels at the rear property line, adjacent to Arnett Street measured 58 decibels. In addition to the sound measurements, staff inspected the subject site and observed that there are no door or window openings on the side or rear elevations of Suite 214. Nevertheless, staff recognizes that the dance studio has the potential to create loud noise, at the front of the building and within corridor area. Although the solid walls of the tenant space will minimize noise impacts, the corridor walls could allow sound to reverberate and escape toward the interior of the shopping center or toward the residences on the opposite side of Arnett Street. REAR OF PROPOSED TENANT SPACE REAR ELEVATION PLN-13-00196 7320, Suite 214, Firestone Boulevard. November 6, 2013 - Page 4 SUBJECT SITE RESIDENTIAL ARNETT ST. SITE PHOTOGRAPH - ARNETT STREET FACING WEST FINDINGS Section 9824 of the Downey Municipal Code describes the intent and purpose of conditional use permits and describes the procedure to approve them. Pursuant to Section 9824.06, staff has reviewed the proposal and has developed the following findings to support the approval of PLN- 13-00196: 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 dance 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 generates sufficient noise to effect adjacent tenants and residential uses in the vicinity. The Downey General Plan, Vision 2025, established a goal to minimize noise impacts on sensitive land uses. Dance studios produce loud music, which could generate unacceptable noise levels. Therefore, conditions of approval have been prepared to address potential noise impacts. 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 commercial center on the subject property is oriented towards Firestone Boulevard. Although the dance 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. PLN-13-00196 7320, Suite 214, Firestone Boulevard. November 6, 2013 - Page 5 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. Four commercial buildings comprise the 127,200 square foot shopping center, including a restaurant building, a one-story retail building, and two 2-story buildings each designed to have retail units on the ground floor and office units on the second floor. It also provides 197 off street parking spaces, which represents; a sufficient amount of parking spaces to accommodate the proposed dance studio. 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 (Arnett Street) 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 it complete on October 15, 2013. 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 25, 2013. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-13-00196, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. FIRESTONE BL BLDG B BLDG. D BLDG. C PLN-13-00196 7320, Suite 214, Firestone Boulevard. November 6, 2013 - Page 6 SUBJECT PROPERTY ZONING MAP 500’ RADIUS MAP PLN-13-00196 7320, Suite 214, Firestone Boulevard. November 6, 2013 - Page 7 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00196 – A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A DANCE SYUDIO AT 7320 FIRESTONE BOULEVARD, SUITE 214, 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 September 17, 2013, the Applicant, Tomas Olivera, submitted a Land Use Permit Application (hereinafter referred to as PLN-13-00196) seeking approval of a conditional use permit to establish a dance studio on the site of a retail center located at 7320, Suite 214, in Downey. B. The subject property is zoned C-2 (General Commercial) with a land use designation of General Commercial. C. On October 15, 2013, staff deemed the application complete, thus allowing it to be scheduled for a public hearing. D. On October 25, 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 November 6, 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 dance 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 generates sufficient noise to effect adjacent tenants and residential uses in the vicinity. The Downey General Plan, Vision 2025, established a goal to minimize noise impacts on sensitive land uses. Dance studios produce loud music, which could generate unacceptable noise levels. Therefore, conditions of approval have been prepared to address potential noise impacts. Resolution No. Downey Planning Commission PLN-13-00196 (Conditional Use Permit) – 7320 Firestone Blvd. Suite 214 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 commercial center on the subject property is oriented towards Firestone Boulevard. Although the dance 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. Four commercial buildings comprise the 127,200 square foot shopping center, including a restaurant building, a one-story retail building, and two 2-story buildings each designed to have retail units on the ground floor and office units on the second floor. It also provides 197 off street parking spaces, which represents; a sufficient amount of parking spaces to accommodate the proposed dance studio. 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 (Arnett Street) 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-13-00196 (Conditional Use Permit), subject to the 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. November 6, 2013 - Page 2 Resolution No. Downey Planning Commission PLN-13-00196 (Conditional Use Permit) – 7320 Firestone Blvd. Suite 214 PASSED, APPROVED AND ADOPTED this 6th day of November 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 6th day of November 2013 by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission November 6, 2013 - Page 3 Resolution No. Downey Planning Commission PLN-13-00196 (Conditional Use Permit) – 7320 Firestone Blvd. Suite 214 EXHIBIT A – CONDITIONS OF APPROVAL PLN-13-00196 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN-13-00196 (Conditional Use Permit) authorizes the use of Suite 214 of a shopping center located at 7320 Firestone Blvd. as a dance studio. 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-13-00196 (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. 7) 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. 8) No recitals, shows or exhibits shall be held on these premises at any time. 9) Within 90 days of the approval of PLN-12-00181, the applicant shall provide sound barrier walls along any interior walls of this tenant space (Suite 214). November 6, 2013 - Page 4 Resolution No. Downey Planning Commission PLN-13-00196 (Conditional Use Permit) – 7320 Firestone Blvd. Suite 214 BUILDING 10) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 11) 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 12) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. PUBLIC WORKS 13) 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. 14) The owner/applicant shall comply with American Disabilities Act (ADA) standards. 15) 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). November 6, 2013 - Page 5 Resolution No. Downey Planning Commission PLN-13-00196 (Conditional Use Permit) – 7320 Firestone Blvd. Suite 214 November 6, 2013 - Page 6 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. 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. 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. 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 ______________________________________ (Owner or authorized agent of the owner) Signature _____________________________________ Date __________________ (Owner or authorized agent of the owner)