Loading...
HomeMy WebLinkAbout2. PLN-14-00064 10242 Lakewood STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: MAY 7, 2014 TO: PLANNING COMMISSION FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN-14-00064 - A REQUEST TO OPERATE A PERSONAL TRAINING GYMNASIUM (COMMERCIAL RECREATION) LOCATION: 10242 LAKEWOOD BLVD. ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY On March 11, 2014, Mr. David Fimbres submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00064), seeking the Planning Commission’s approval of a conditional use permit to establish a personal training facility. 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-14-00064 – A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A PERSONAL TRAINING GYMNASIUM (COMMERCIAL RECREATION) AT 10242 LAKEWOOD BOULEVARD, ON PROPERTY ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The Applicant, Mr. David Fimbres, is requesting approval of a conditional use permit to operate a personal training gymnasium as a tenant of an existing, multi-tenant building. The rectangular- shaped property on which the 8,644 sq. ft. building sits, borders Lakewood Boulevard and Vultee Avenue. It maintains approximately 111 feet of frontage on Lakewood Boulevard and a depth of approximately 240 feet. The subject property is zoned C-2 (General Commercial) with a General Plan Land Use Designation of Office (O). PLN-14-00064 10242 Lakewood Blvd. May 7, 2014 - Page 2 SITE PHOTOGRAPH The subject property exists in an area with similarly-zoned properties and commercial developments to the south (medical office building) and west (multi-tenant shopping centers). A two-family residential property abuts the south property line of the subject site while single-family and multi-family residentially zoned properties are developed to the east. AERIAL PHOTOGRAPH – SUBJECT SITE DISCUSSION The personal training gymnasium is proposed to occupy an 801 sq. ft. tenant space at the most northerly portion of the subject site. The space is accessible from a north walkway and a rear door facing the east parking lot. The tenant space includes an open workout area and a bathroom. Adjacent tenants include a take-out eatery, beauty supply store, and professional offices. PLN-14-00064 10242 Lakewood Blvd. May 7, 2014 - Page 3 SOUTHEAST ELEVATION In the application for PLN-14-00064, Mr. Fimbres mentioned the gymnasium will offer personal training sessions Monday through Friday 5:00 a.m. to 10:00 p.m. and Saturdays 6:00 a.m. to 12:00 p.m. The training sessions are completed individually. As such, Mr. Fimbres estimates a minimum of two customers and a maximum of eight will be served hourly throughout the course of the day, since only two personal trainers are available to train one to four persons each at a given time. The personalized instruction at each session includes low impact functional training. Mr. Fimbres plans on having some amplified sound as part of the personal training sessions, but does not foresee the volume levels to be a burden to neighboring uses. He tested noise levels immediately outside and next door to his tenant space and found the music did not penetrate adjacent walls and was seemingly unnoticeable outside his tenant space. Nevertheless, staff has included a conditional of approval to address noise, should volume levels become a nuisance. Section 9126 of the Downey Municipal Code includes “health and fitness clubs” 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 a gymnasium or health club is one parking space per 300 square feet of gross floor area, which represents the same parking ratio required for General Offices. By that standard, the personal training gymnasium PLN-14-00064 proposes requires three parking spaces, based on the ratio of 801 square feet of floor area /300. As such, staff does not expect the proposed use to impact the property’s parking supply because the Applicant proposes to locate the personal training gymnasium within an existing multi-tenant commercial building, intended for both retail and professional office uses. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing PLN-14-00064 10242 Lakewood Blvd. May 7, 2014 - Page 4 Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Class 1 consists of projects that involve no or negligible expansion of the existing use. The proposed personal training gymnasium will be located within an existing tenant space; thereby staff feels that this request qualifies for this exemption. 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- 14-00064: 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 requested conditional use permit 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. As such, 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 commercial building on the subject property is oriented towards Lakewood Boulevard. Although the personal training gymnasium could 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 rectangular-shaped property on which the 8,644 sq. ft. multi-tenant building sits, borders Lakewood Boulevard and Vultee Avenue. It maintains approximately 111 feet of frontage on Lakewood Boulevard and a depth of approximately 240 feet. The existing building has been designed to accommodate for retail and professional office uses in conjunction to one another. It also provides 37 off-street parking spaces, which represents a sufficient amount of parking spaces to accommodate the proposed personal training gymnasium being that the use requires three parking spaces, less than what is required for a retail use in the C-2 (General Commercial) zone. 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 use will not impose an undue burden upon the streets and highways in the area. The Final Environmental Impact Report (FEIR) that was PLN-14-00064 10242 Lakewood Blvd. May 7, 2014 - Page 5 prepared for the Downey Vision 2025 General Plan (SCH #2004031159), Chapter 2 - Circulation, Figure 2.1-1 - Circulation Plan, classifies Lakewood Boulevard as a major arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on Lakewood Boulevard between Firestone Boulevard (south of the subject site) and Florence Avenue (north of the subject site), the existing Average Daily Traffic (ADT) volume is approximately 42,200 Vehicles Per Day (VPD) and the adopted capacity as shown in Figure 2.1-3, Projected Traffic Volumes, Chapter 2 – Circulation in the FEIR is 52,800 VPD demonstrating that Lakewood 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 not received any correspondence regarding this matter. Staff completed a review of the application and deemed it complete on April 9, 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 April 24, 2014. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-14-00064, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. ZONING MAP SUBJECT PROPERTY PLN-14-00064 10242 Lakewood Blvd. May 7, 2014 - Page 6 500’ RADIUS MAP RESOLUTION NO. _______ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00064 – A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A PERSONAL TRAINING GYMNASIUM (COMMERCIAL RECREATION) AT 10242 LAKEWOOD BOULEVARD, 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 March 11, 2014, the Applicant, David Fimbres, submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00064) seeking approval of a conditional use permit to establish a personal training gymnasium on the site of a multi-tenant commercial building located at 10242 Lakewood Blvd., in Downey. B. The subject property is zoned C-2 (General Commercial) with a land use designation of Office (O). C. On April 11, 2014, staff deemed the application complete, thus allowing it to be scheduled for a public hearing. D. On April 24, 2014, 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 May 7, 2014, 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 requested conditional use 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. As such, conditions of approval have been prepared to address potential noise impacts. Resolution No.______ Downey Planning Commission PLN-14-00064 (Conditional Use Permit) – 10242 Lakewood Boulevard May 7, 2014 - Page 2 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 building on the subject property is oriented towards Lakewood Boulevard. Although the personal training gymnasium could 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 rectangular-shaped property on which the 8,644 sq. ft. multi-tenant building sits, borders Lakewood Boulevard and Vultee Avenue. It maintains approximately 111 feet of frontage on Lakewood Boulevard and a depth of approximately 240 feet. The existing building has been designed to accommodate for retail and professional office uses in conjunction to one another. It also provides 37 off-street parking spaces, which represents a sufficient amount of parking spaces to accommodate the proposed personal training gymnasium being that the use requires three parking spaces, less than what is required for a retail use in the C-2 (General Commercial) zone. 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 use will not impose an undue burden upon the streets and highways in the area. The Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 General Plan (SCH #2004031159), Chapter 2 - Circulation, Figure 2.1-1 - Circulation Plan, classifies Lakewood Boulevard as a major arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on Lakewood Boulevard between Firestone Boulevard (south of the subject site) and Florence Avenue (north of the subject site), the existing Average Daily Traffic (ADT) volume is approximately 42,200 Vehicles Per Day (VPD) and the adopted capacity as shown in Figure 2.1-3, Projected Traffic Volumes, Chapter 2 – Circulation in the FEIR is 52,800 VPD demonstrating that Lakewood 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 4 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN-14-00064 (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. Resolution No.______ Downey Planning Commission PLN-14-00064 (Conditional Use Permit) – 10242 Lakewood Boulevard May 7, 2014 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of May 2014. __________________ Robert Kiefer, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 7th day of May, 2014, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: __________________ Mary Cavanagh, Secretary City Planning Commission Resolution No.______ Downey Planning Commission PLN-14-00064 (Conditional Use Permit) – 10242 Lakewood Boulevard May 7, 2014 - Page 4 EXHIBIT A – CONDITIONS OF APPROVAL PLN-14-00064 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN-14-00064 (Conditional Use Permit) authorizes the use of 10242 Lakewood Blvd. as a personal training gymnasium. 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-14-00064 (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) The door on the east (rear) side of the business (facing the adjacent parking lot) shall remain closed at all times, except to permit emergency egress as needed. Resolution No.______ Downey Planning Commission PLN-14-00064 (Conditional Use Permit) – 10242 Lakewood Boulevard May 7, 2014 - Page 5 BUILDING 9) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 10) The owner/applicant shall comply with American Disabilities Act (ADA) standards. 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. 12) Occupancy loads shall be posted and comply with the 2013 California Building Code. FIRE 13) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. PUBLIC WORKS 14) 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. 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 standards as required by the LACoDPW Stormwater Quality Management Plan (SQMP).