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HomeMy WebLinkAbout1. PLN-13-00181 - 11416 Old River School STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: NOVEMBER 20, 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) BACKGROUND On October 16, 2013, the Planning Commission opened a public hearing to consider a request by Yolanda Cazares and Alicia Barajas for approval of a conditional use permit (PLN-13-00181) to establish “Yoli’s Zumba,” a fitness dance studio, in the Old River Plaza located at the southeast 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 is zoned C-2 (General Commercial). It exists in an area with similarly-zoned commercial developments to the north, south; however, single-family residences abut the easterly side of the site. Old River Plaza is a small shopping center comprised of three buildings: a restaurant (Habana Café) and two single-story buildings with in-line tenants, located along the southerly and easterly boundaries of the subject site. The Applicants propose to utilize the space identified as 11416 Old River School Road for the Zumba studio, which would place them at the midpoint of the easterly building and in close proximity to the neighboring residences. During the public comments portion of the public hearing, three of the people who live nearby spoke in opposition to the project. They expressed concerns regarding loud noise, loud music, and children playing unattended in the alley space that exists between the easterly commercial building and their properties. They also complained that loud noise has emanated from the premises since January of this year. When the Planning Commission provided the Applicants and the property owner, Duane Alstrom, the opportunity for rebuttal, they contradicted the neighbor’s complaints by stating that they do not operate a Zumba studio at the shopping center. The neighbors spoke again and refuted the Applicants testimony entirely. The neighbors contended that the Applicants conducted Zumba classes from a different tenant space on the subject property than the tenant space that is the subject of this conditional use permit (11416) and that activity is an ongoing nuisance. ALLEY (VIEWED FROM NORTH) ALLEY (VIEWED FROM SOUTH) While these opposing statements escalated during the public comments segment of the public hearing, staff explored the Internet and discovered that Yoli’s Zumba existed on the “Yelp” website, which undeniably advertised the Zumba classes at 11426 Old River School Road and provided comments from Yoli’s customers. Staff informed the Commissioners about this revelation, which gave credence to the neighbors’ complaints. The Planning Commission asked Mr. Alstrom and the Applicants to explain this advertisement, only to discover that the Applicants did not know where it came from and that Mr. Alstrom left the premises. Mrs. Cazares maintained that she is not conducting classes at this location. After considering these conflicting remarks, the Planning Commission decided to continue the public hearing on PLN-13-00181, to November 20, 2013, to allow staff adequate time to investigate the issues and to evaluate new evidence brought up at this hearing further. DISCUSSION Staff’s investigation began the following day, as Mr. Alstrom telephoned staff to apologize for not being truthful about the Zumba studio. He explained that Yoli’s Zumba has in fact operated from tenant space 11426 of the Old River Plaza since January 2013. His practice as a landlord is to advise potential tenants to check with the City before signing a lease. Mrs. Cazares told him she had done so and became a tenant at the Old River Plaza as a result. Mr. Alstrom was unaware that the City required a conditional use permit for Zumba dance studios; however, he feels that Mrs. Cazares knew about the requirement and continued to hold Zumba classes without obtaining the conditional use permit. Mr. Alstrom says that the Applicants lied at the Planning Commission public hearing of October 16, and that he lied as well. In fact, he left the Council Chambers because he was PLN-13-00181 (Conditional Use Permit) 11416 Old River School Road November 20, 2013 - Page 2 ashamed that he lied. He felt conflicted about whether to support his tenants or not. Later that evening and after the Planning Commission meeting ended, Mr. Alstrom met with Mrs. Cazares and Mrs. Barajas and told them to discontinue the Zumba classes immediately. He also threatened to evict them for not complying with the City’s Codes. In a letter, dated October 17, 2013, staff advised the Applicants of the Planning Commission’s decision to continue the public hearing on PLN-13-00181. Staff mentioned that a number of serious issues came about during the public hearing, particularly that the Applicants are operating the Zumba dance studio already, that the Zumba studio generates substantial noise from loud music, and that they are operating without the City’s approval of a conditional use permit and without a business license. Staff informed the Mrs. Cazares and Mrs. Barajas that they must stop operating this business immediately and suggested meeting to discuss the issues brought up during the public hearing. Staff also referred this matter to Code Enforcement. Staff inspected the Old River Plaza on October 31 and verified that no music from Zumba or any other music source was present. This site inspection also revealed that Yoli’s Zumba Dance Studio vacated tenant space 11426 and that space 11416 remained empty. On November 6, 2013, staff met briefly with Mr. Alstrom about the Zumba studio. Staff expressed to him that Mrs. Cazares and Mrs. Barajas had not responded to the October 17, 2013, letter. Later that morning, Laura Manzania, Property Manager for the Old River Plaza, called to request a meeting to discuss the issues. Soon afterward, staff met with Mrs. Manzania and Mrs. Cazares. Mrs. Cazares speaks very little English, so Mrs. Manzania acted as an interpreter for her. SITE PHOTOGRAPH (TENANT SPACE 11426) Mrs. Cazares opened her business at 11426 Old River School Road to sell Herbalife products only. A client suggested that she should consider operating a Zumba studio there, and after giving the idea some thought, Mrs. Cazares started training to become a Zumba PLN-13-00181 (Conditional Use Permit) 11416 Old River School Road November 20, 2013 - Page 3 instructor. Interest in the Zumba classes grew as passersby witnessed the practice sessions and they began to participate in the workouts. As interest in the studio grew, Mrs. Cazares desired a larger tenant space for the Zumba studio. She wanted to move from 11426 to 11416 and Mrs. Manzania advised her to obtain the proper City approvals and permits to do so. Mrs. Cazares was going through the process of obtaining the conditional use permit and felt things were going well until the neighbors spoke in opposition to the project. Their negative comments surprised her and she became frightened by the prospects of what might happen if she had broken a law by making too much noise. So she began to lie about the business. And she continued to tell untruths as the Planning Commission received additional incriminating testimony. She considered the Planning Commission as a judicial body and feared they would incarcerate her for not telling the truth. Mrs. Cazares has no idea what Yelp is or how her business arrived on that website. SITE PHOTOGRAPH (TENANT SPACE 11416) CONCLUSION Staff determined that the neighbors were correct in their assessment that Yolanda Cazares and Alicia Barajas operated a Zumba dance studio at the Old River Plaza, and that they did so for several months. Staff can only conclude that the dance studio generates noise beyond the comfort level of the adjacent properties, because noise issues allowed the neighbors to pinpoint the source of the noise (Yoli’s Zumba Dance Studio) and the times during the day when this noise occurred. Staff also determined that fear of punishment by the Planning Commission caused Yolanda Cazares and Alicia Barajas to be untruthful about their business. The property owner, Duane Alstrom, lied to support his tenants. Ironically, the Applicants complied with the City’s requirements for the Zumba dance studio by applying for a conditional use permit and they were in the midst of the approval process when the mendacity ensued. PLN-13-00181 (Conditional Use Permit) 11416 Old River School Road November 20, 2013 - Page 4 PLN-13-00181 (Conditional Use Permit) 11416 Old River School Road November 20, 2013 - Page 5 Taking all of this into consideration, staff still supports the proposal. During the October 16, 2013, public hearing, staff expressed concerns that the Zumba studio could generate noise impacts upon the residential properties to the east. As a result, staff recommended conditions of approval for PLN-13-00181 to address the noise problem. The comments from the neighbors emphasized this concern and mandates that the Applicants must implement sound attenuation measures before operating the Zumba dance studio. Therefore, staff 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. H:\Community Development\Davis\cases\cup\PLN-13-00181 (11416 Old River School Road)\Staff Report PLN- 13-00181 (Continued).doc 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 PLN-13-00181 (Conditional Use Permit) – 11416 Old River School Road 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. October 16, 2013 - Page 2 Resolution No. Downey Planning Commission PLN-13-00181 (Conditional Use Permit) – 11416 Old River School Road SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th 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 16th day of October 2013 by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission October 16, 2013 - Page 3 Resolution No. Downey Planning Commission PLN-13-00181 (Conditional Use Permit) – 11416 Old River School Road 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. October 16, 2013 - Page 4 Resolution No. Downey Planning Commission PLN-13-00181 (Conditional Use Permit) – 11416 Old River School Road 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). October 16, 2013 - Page 5 Resolution No. Downey Planning Commission PLN-13-00181 (Conditional Use Permit) – 11416 Old River School Road October 16, 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)