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HomeMy WebLinkAboutPC Resolution 13-2859 RESOLUTION NO. 13-2859 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. Ir. 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, continued the public hearing to a date certain, November 20, 2013. F. On November 20, 2013, the Planning Commission re-opened the continued public hearing, 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. -- L 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 Resolution No. 13-2859 Downey Planning Commission 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 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 PLN-13-00181 (Conditional Use Permit)—11416 Old River School Road November 20,2013-Page 2 Resolution No. 13-2859 Downey Planning Commission Lio,„ (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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of November 20 3. �j Lo is Morales Chairm n ci y 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: Lujan, Flores, Rodriguez, Kiefer and Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Obtu Mary •avanagh,, Secr ary City Planning Commission PLN-13-00181 (Conditional Use Permit)—11416 Old River School Road November 20,2013-Page 3 Resolution No. 13-2859 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 a.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. The rear door of the premises shall remain closed during all sessions 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 November 20,2013-Page 4 Resolution No. 13-2859 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) 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, as determined by the City Planner. 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. itit-, 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). 1. PLN-13-00181 (Conditional Use Permit)—11416 Old River School Road November 20,2013-Page 5 Resolution No. 13-2859 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 sheefflow, 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) PLN-13-00181 (Conditional Use Permit)—11416 Old River School Road November 20,2013-Page 6