HomeMy WebLinkAboutPC Resolution 13-2858 RESOLUTION NO. 13-2858
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.
L 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
L 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. 13-2858
Downey Planning Commission
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.
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PLN-13-00196(Conditional Use Permit)—7320 Firestone Blvd.Suite 214
November 6,2013-Page 2
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Resolution No. 13-2858
Downey Planning Commission
LPASSED, APPROVED AND ADOPTED this 6th day of November 2013.
IL2
uis Moral- s, Chairman
ity Plann' g 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: Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Lujan
C
Mary avanagh, Secr
City Planning Commission
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PLN-13-00196(Conditional Use Permit)—7320 Firestone Blvd.Suite 214
November 6,2013-Page 3
Resolution No. 13-2858
Downey Planning Commission
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) The Applicant shall provide sound barrier walls along the interior walls and the floor of this
tenant space (Suite 214), to attenuate sound impacts as necessary and as determined by
the City Planner.
PLN-13-00196(Conditional Use Permit)—7320 Firestone Blvd.Suite 214
November 6,2013-Page 4
Resolution No. 13-2858
Downey Planning Commission
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.
r„ 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).
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PLN-13-00196(Conditional Use Permit)—7320 Firestone Blvd.Suite 214
November 6,2013-Page 5
Resolution No. 13-2858
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.
1 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.
El 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.
El 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)
PLN-13-00196(Conditional Use Permit)—7320 Firestone Blvd.Suite 214
November 6,2013-Page 6