HomeMy WebLinkAboutPC Resolution 14-2866 RESOLUTION NO. 14-2866
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
"0" (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. 14-2866
Downey Planning Commission
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.
Conditional Use Permit(PLN-13-00255)—12145 Paramount Blvd
February 5,2014-Page 2
Resolution No. 14-2866
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this 5th day of February, 2014
/
buis Moral-s, Chairman
City Planni 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 5th day of February,
2014, by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Rodriguez, Lujan, and Morales
ABSENT: COMMISSIONERS: None
NOES: COMMISSIONERS: Kiefer
ABSTAIN: COMMISSIONERS: None
•
Mary Ca anagh, Secretary
City Planning Commission
Conditional Use Permit(PLN-13-00255)—12145 Paramount Blvd
February 5,2014-Page 3
Resolution No. 14-2866
Downey Planning Commission
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.
Conditional Use Permit(PLN-13-00255)—12145 Paramount Blvd
February 5,2014-Page 4
Resolution No. 14-2866
Downey Planning Commission
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\Davis\cases\cup\PLN-13-00255(12145 Paramount-Boxing Club)\RESO.doc
Conditional Use Permit(PLN-13-00255)—12145 Paramount Blvd
February 5,2014-Page 5