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HomeMy WebLinkAbout6. PLN-14-00072 9027 Gallatin Rd STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: MAY 21, 2014 TO: PLANNING COMMISSION FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN-14-00072 (CONDITIONAL USE PERMIT) - A REQUEST TO ALLOW FOR A PET HOTEL AND DAY CAMP (PET BOARDING WITH KENNELS), WITH PET GROOMING SERVICES LOCATION: 9027 GALLATIN ROAD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY On March 26, 2014, Mr. Ricardo Michel submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00072), seeking the Planning Commission’s approval of a conditional use permit to establish a pet hotel and day camp (pet boarding with kennels), with pet grooming services. 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-14-00072 – A REQUEST TO ALLOW FOR A PET HOTEL AND DAY CAMP (PET BOARDING WITH KENNELS), WITH PET GROOMING SERVICES AT 9027 GALLATING ROAD, ON PROPERTY ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The Applicant, Mr. Ricardo Michel, is requesting approval of a conditional use permit to operate a pet hotel and day camp (pet boarding with kennels), with pet grooming services within an existing freestanding building. The rectangular-shaped property on which the 5,048 sq. ft. building sits, borders Gallatin Rd., maintains approximately 42 feet of frontage on Gallatin Rd. and a depth of approximately 140 feet. The subject property is zoned C-2 (General Commercial) with a General Plan Land Use GC (General Commercial). PLN-14-00072 9027 Gallatin Rd. May 21, 2014 - Page 2 SITE PHOTOGRAPH The subject property exists in an area with similarly-zoned properties and commercial developments to the north (multi-tenant commercial building), south (former Ford Dealership) and west (restaurants); a parking buffer zone and parking lot abut the east property line of the subject site, while single-family residentially zoned and developed properties exist just east of that. AERIAL PHOTOGRAPH – SUBJECT SITE DISCUSSION The pet hotel and day camp (pet boarding with kennels), with pet grooming services, is proposed to occupy the entire freestanding commercial building at the subject site. The floor plan proposes to use existing facilities within the building. The floor plan includes “suite” rooms for day kenneling and overnight boarding of dogs, two center playground areas, a lobby, waiting area, grooming facilities, staff office, storage rooms, and restrooms. PLN-14-00072 9027 Gallatin Rd. May 21, 2014 - Page 3 NORTHWEST VIEW FROM ADJACENT RESIDENTIAL PROPERTY Section 9314.04 of the Downey Municipal Code includes animal “boarding/kennels” among the types of uses allowed in the C-2 (General Commercial) zone with a conditional use permit. This standard suggests that the proposed use is appropriate for this location. In the application for PLN-14-00072, Mr. Michel states the pet hotel and day camp will be open from 8:00 a.m. to 7:00 p.m. Monday through Sunday and will offer a variety of services including pet grooming, dog daycare, and dog hotel/boarding. Eleven (11) existing office spaces will be converted into “suites” for the day kenneling and overnight boarding of pets. An existing office in the center of the tenant space will be converted into two “playground” areas for daycare/dog play use and two offices, one in the front and another in the rear of the tenant space, will be converted into grooming facilities. The existing walls of the tenant space that are to house dogs, are proposed to be finished with four foot (4’) high fiberglass reinforced plastic (FRP) composite panels to allow for cleaning, disinfecting, and to mitigate potential pet destruction. Staff recognizes that the proposed use could create unwanted noise, and as such, has included a condition of approval to address this, should barking or volume levels become a nuisance to adjacent properties or uses. The applicant has also proposed the following noise mitigating measures within the existing concrete masonry unit (CMU) building: • A vestibule is proposed between the lobby area and dog caring area so as to mitigate the noise levels from the rear of the building to the front door. • All walls will continue as full walls to the ceiling with minimal windows being added to the playground area within the interior of the tenant space. No new windows or doors are proposed to the exterior of the building. Additionally, the applicant proposes to mitigate any potential odor through proper air- conditioning and ventilation of the facilities, as well as by proper cleaning and disposal of all waste products. Staff, has included a condition of approval to address odor, should it become a nuisance to adjacent properties or uses. The Commission should note that the subject site does not contain its own parking on-site; however, it holds a reciprocal parking agreement with the adjacent commercial property that surrounds it. The parking standard for animal boarding/kennel is one parking space per 250 square PLN-14-00072 9027 Gallatin Rd. May 21, 2014 - Page 4 feet of gross floor area, which represents the same parking ratio required for General Commercial. As such, staff does not expect the proposed use to impact the property’s parking supply because the Applicant proposes to locate the use within an existing commercial building, intended for commercial 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 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- 14-00072: 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 or odor to affect adjacent properties and uses in the vicinity. The Downey General Plan, Vision 2025, established a goal to minimize noise and odor impacts on sensitive land uses. As such, conditions of approval have been prepared to address potential noise and odor 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 existing commercial building on the subject property is oriented towards Gallatin Rd approximately 91 feet from residentially developed and zoned properties. Although the animal boarding/kennel 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 5,048 sq. ft. commercial building sits, borders Gallatin Rd. and is fully surrounded by a commercially developed property. It maintains approximately 42 feet of frontage on Gallatin Rd. and a depth of approximately 140 feet. The property holds a PLN-14-00072 9027 Gallatin Rd. May 21, 2014 - Page 5 reciprocal parking agreement with the adjacent commercial property, which represents a sufficient amount of parking spaces to accommodate the proposed use being that use is to be located within an existing commercial building, intended for commercial uses. 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 Gallatin Rd. as a collector street and Lakewood Blvd. as a major arterial . Figure 2.1-2 – Existing Traffic Volumes in the same document show that on Lakewood Blvd. between Gallatin Rd. and I-5 Freeway (immediately west of the subject site), the existing Average Daily Traffic (ADT) volume is approximately 38,300 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 44,300 VPD demonstrating that Lakewood Blvd. 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 25, 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 May 8, 2014. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-14-00072, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. PLN-14-00072 9027 Gallatin Rd. May 21, 2014 - Page 6 ZONING MAP 500’ RADIUS MAP RESOLUTION NO. _______ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00072 – A REQUEST TO ALLOW FOR A PET HOTEL AND DAY CAMP (PET BOARDING WITH KENNELS), WITH PET GROOMING SERVICES AT 9027 GALLATING 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 March 26, 2014, the Applicant, Ricardo Michel, submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00072) seeking approval of a conditional use permit to operate a pet hotel and day camp (pet boarding with kennels), with pet grooming services within an existing commercial building located at 9027 Gallatin Rd., in Downey. B. The subject property is zoned C-2 (General Commercial) with a land use designation of GC (General Commercial). C. On April 25, 2014, staff deemed the application complete, thus allowing it to be scheduled for a public hearing. D. On May 8, 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 21, 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-14-00072 (Conditional Use Permit) – 9027 Gallatin Rd. May 21, 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-14-00072 (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-14-00072 (Conditional Use Permit) – 9027 Gallatin Rd. May 21, 2014 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21st 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 21st 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-14-00072 (Conditional Use Permit) – 9027 Gallatin Rd. May 21, 2014 - Page 4 EXHIBIT A – CONDITIONS OF APPROVAL PLN-14-00072 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN-14-00072 (Conditional Use Permit) authorizes the use of 9027 Gallatin Rd. as a pet hotel and day camp (pet boarding with kennels), including pet grooming services. 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-14-00072 (Conditional Use Permit) shall be complied with before the Conditional Use Permit becomes valid. 5) Noise generated from the business shall comply with Downey 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 City, 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 applicant/owner shall comply with Downey Municipal Code Section 5902 et. seq. In any case, The keeping or disposing of, or the scattering or accumulating of junk, trash, debris, discarded items, or other personal property in interior or exterior areas of buildings or structures, when such items or accumulations cause, create, or tend to contribute to, an offensive odor shall be considered a nuisance. Should any odor complaints be formally submitted to the City, the applicant/owner shall be responsible to prove that such odor is not due to the business allowed by this conditional use permit. 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. Resolution No.______ Downey Planning Commission PLN-14-00072 (Conditional Use Permit) – 9027 Gallatin Rd. May 21, 2014 - Page 5 9) The door on the rear side of the business (facing the adjacent driveway) shall remain closed at all times, except to permit emergency egress as needed. BUILDING 10) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 11) The owner/applicant shall comply with American Disabilities Act (ADA) standards. 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) Occupancy loads shall be posted and comply with the 2013 California Building Code. FIRE 14) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. 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 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).