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HomeMy WebLinkAbout3. PLN-13-00255 - 12145 Paramount STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: FEBRUARY 5, 2014 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-13-00255 - A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A BOXING CLUB LOCATION: 12145 PARAMOUNT BOULEVARD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY On December 10, 2013, Salvador Casillas submitted a Land Use Permit Application (hereinafter referred to as PLN-13-00255), seeking the Planning Commission’s approval of a conditional use permit to establish a boxing club. 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-13-00255 – A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A BOXING GYM ON PROPERTY LOCATED AT 12145 PARAMOUNT BOULEVARD, AND ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The Applicant, Salvador Casillas, is requesting approval of a conditional use permit to operate a boxing club (Casillas Boxing Gym) at 12145 Paramount Boulevard. Mr. Casillas has operated Casillas Boxing Club in the City of South Gate for five years. He is proposing to close that business and move to Downey. The 16,140 square foot (0.37 acre) site has 110 feet of frontage along Firestone Boulevard and the lot depth is approximately 147 feet. Located on the west side of Paramount Boulevard, south of Albia Street, the property is zoned C-2 (General Commercial) with a General Plan Land Use Designation of General Commercial (GC). A small shopping center borders the north side of the property, and retail buildings exist to the south and on the opposite side of Paramount Boulevard to the east. A twenty-foot (20’) wide alley provides vehicular access to a parking lot on the site. It separates the property from single family residences to the west. PLN-13-00255 12145 Paramount Blvd. February 5, 2014 - Page 2 A 7,700 square foot commercial building and twenty-five (25) parking spaces comprise the subject site. The building occupies the easterly half of the site and a parking lot takes up the westerly half. Properties immediately south of the subject site follow this pattern, so that the parking lots appear as one and thereby allow for shared use and reciprocal access. AERIAL PHOTOGRAPH DISCUSSION The boxing gym PLN-13-00255 proposes would occupy the most southerly unit of the four tenant spaces that the building consists of. This space contains approximately 2,400 square feet of floor area, which includes the workout area (with the boxing ring), a warm-up area, an office and a small storage room. The other tenants of the building include a law office, a beauty salon, and a fitness center. Casillas Boxing Gym offers boxing and fitness workouts for its members who range in age from youth (as young as eight years old) to adults. Members use the facility or exercise or to train for boxing tournaments. Individual sessions last from 1.5 to two hours. The proposed hours of operation will occur from 9:00 am to 9:00 pm; however, the gym will close for two hours in the middle of the day, from 1:00 to 3:00 pm. The gym will accommodate as many as 25 members at a time. Mr. Casillas and a helper will operate it. SUBJECT PROPERTY N PLN-13-00255 12145 Paramount Blvd. February 5, 2014 - Page 3 FRONT ELEVATION REAR ELEVATION PLN-13-00255 12145 Paramount Blvd. February 5, 2014 - Page 4 Section 9126 of the Downey Municipal Code includes martial arts studios, health and fitness clubs, or facilities equipped and used for sports training and conditioning 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 gymnasiums and health clubs is one parking space per 300 square feet of gross floor area, which represents the same parking ratio required for General Offices and for beauty salons (personal services). By that standard, the boxing gym PLN-13-00255 proposes requires eight (8) parking spaces, based on the ratio of 2,415 square feet of floor area /300. As such, staff does not expect the proposed use to impact the center’s parking supply negatively, because all four uses on the site combined require twenty-five (25) off-street parking spaces, which equals the quantity of spaces that is available. As always, staff is concerned that noise will become an issue with the proposed boxing club, considering the sound generated by the training activities has the potential to impact the single- family residences nearby. Most members of the boxing club will enter the tenant space through the double doors at the rear of the building because that entrance faces the parking lot. Staff’s concern is elevated because the door opening will allow sound to escape toward the residences. Music is an element of the proposed use and the instructors will play it to benefit the participants. However, the Applicant assured staff that the music will generate from a small, hand-held radio, and not from a loud sound system. Nevertheless, staff recognizes that the boxing gym has the potential to create noise; therefore, staff included a condition of approval to address this concern. 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- 13-00255: 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 boxing gym 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. The proposed boxing gym has the potential to produce loud noise, which could affect nearby residences negatively. 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 subject site is in a fully developed area of the City, with few if any vacant properties in the immediate vicinity. Inasmuch as the proposed use will occupy an existing tenant space, this use will not prevent surrounding properties from being developed/redeveloped. PLN-13-00255 12145 Paramount Blvd. February 5, 2014 - Page 5 Although the boxing gym has the potential to 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. A 7,700 square foot commercial building and twenty-five (25) parking spaces comprise the subject site. The boxing gym PLN-13-00255 proposes would occupy the most southerly unit of the four tenant spaces that the building consists of. The other tenants of the building include a law office, a beauty salon, and a fitness center. The proposed use will be contained within an existing tenant space and does not require an expansion of the building. Even though minimal tenant improvements may be required, the improvements will not impact the existing uses on the site or other properties in the area. 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. Paramount Boulevard is a major arterial street that provides immediate access to the Interstate 5 (Santa Ana Freeway) and serves as a through route for traffic passing north and south through the City. Paramount Boulevard has sufficient capacity to absorb any additional traffic the requested use may create. CORRESPONDENCE As of the date that this report was printed, staff has received correspondence opposing this matter. Staff completed a review of the application and deemed it complete on January 8, 2014. 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 January 23, 2014. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-13-00255, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. H:\Community Development\Davis\cases\cup\PLN-13-00255 (12145 Paramount-Boxing Club)\Staff Report.doc PLN-13-00255 12145 Paramount Blvd. February 5, 2014 - Page 6 SITE LOCATION: 12145 Paramount Blvd. ZONING MAP SUBJECT PROPERTY PLN-13-00255 12145 Paramount Blvd. February 5, 2014 - Page 7 AERIAL PHOTOGRAPH 500’ RADIUS MAP SUBJECT PROPERTY RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00255 – A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A BOXING GYM ON PROPERTY LOCATED AT 12145 PARAMOUNT BOULEVARD, AND 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 December 10, 2013, the Applicant, Salvador Casillas, submitted a Land Use Permit Application (hereinafter referred to as PLN-13-00255) seeking the Planning Commission’s approval of a conditional use permit to operate a boxing gym the physical training/fitness center on property located at 12145 Paramount Boulevard, in Downey. B. The subject property is zoned C-2 (General Commercial) with a land use designation of “O” (Office). C. On January 8, 2014, staff deemed the application complete. D. On January 23, 2014, notice of the pending application published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500’ of the subject site; and, E. The Planning Commission held a duly noticed public hearing on February 5, 2014, and after fully considering all oral and written testimony, 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 comply with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 2, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, regarding the Conditional Use Permit, 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 boxing gym 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. The proposed boxing gym has the potential to produce loud noise, which could affect nearby residences negatively. Therefore, conditions of approval have been prepared to address Resolution No. 13-00255 Downey Planning Commission Conditional Use Permit (PLN-13-00255) – 12145 Paramount Blvd February 5, 2014 - Page 2 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 subject site is in a fully developed area of the City, with few if any vacant properties in the immediate vicinity. Inasmuch as the proposed use will occupy an existing tenant space, this use will not prevent surrounding properties from being developed/redeveloped. Although the boxing gym has the potential to 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. A 7,700 square foot commercial building and twenty-five (25) parking spaces comprise the subject site. The boxing gym PLN-13-00255 proposes would occupy the most southerly unit of the four tenant spaces that the building consists of. The other tenants of the building include a law office, a beauty salon, and a fitness center. The proposed use will be contained within an existing tenant space and does not require an expansion of the building. Even though minimal tenant improvements may be required, the improvements will not impact the existing uses on the site or other properties in the area. 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. Paramount Boulevard is a major arterial street that provides immediate access to the Interstate 5 (Santa Ana Freeway) and serves as a through route for traffic passing north and south through the City. Paramount Boulevard has sufficient capacity to absorb any additional traffic the requested use may create. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves the Conditional Use Permit (PLN-13-00255), 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. Resolution No. 13-00255 Downey Planning Commission Conditional Use Permit (PLN-13-00255) – 12145 Paramount Blvd February 5, 2014 - Page 3 PASSED, APPROVED AND ADOPTED this 5th day of February, 2014 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 5th day of February, 2014, by the following vote, to wit: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Resolution No. 13-00255 Downey Planning Commission Conditional Use Permit (PLN-13-00255) – 12145 Paramount Blvd February 5, 2014 - Page 4 EXHIBIT A – CONDITIONS OF APPROVAL PLN-13-00255 (CONDITIONAL USE PERMIT) 1) The approval of this Conditional Use Permit (PLN-13-00255) allows for the operation of a boxing gym on property located at 12145 Paramount Blvd. 2) Approval of the Conditional Use Permit (PLN-12-00251) 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 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. 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) Hours of operation of the business shall limited to 9:00 a.m. to 9:00 p.m., seven (7) days a week. 6) The Applicant shall remove any graffiti applied to the site within 48 hours. 7) The doors on the west side of the business (facing the alley and residential properties) shall remain closed at all times, except to permit customer/employee ingress and egress. 8) Noise generated from the business shall not exceed 65 db(A) as measured from the property line. 9) The business owner shall keep all areas under his/her control free of litter and debris. 10) All signs shall comply with the requirements set forth in the Downey Municipal Code. 11) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. Resolution No. 13-00255 Downey Planning Commission Conditional Use Permit (PLN-13-00255) – 12145 Paramount Blvd February 5, 2014 - Page 5 12) 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. 13) A copy of the Conditional Use Permit shall be prominently posted on the premises at all times. The applicant shall make available said copies upon request by any Police Officer or other City official charged with the enforcement of the City’s laws, ordinances, or regulations. H:\Community Development\Planning Commission\Resolutions\2012\12-2803.doc