HomeMy WebLinkAboutPC Resolution 14-2872 RESOLUTION NO. 14-2872
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN-14-00059 —A REQUEST TO ALLOW AN
EXISTING FITNESS STUDIO (CROSSFIT DOWNEY), TO EXPAND INTO AN
ADJACENT TENANT SPACE, ON PROPERTY ZONED DDSP (DOWNTOWN
DOWNEY SPECIFIC PLAN)
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 4, 2014, the Applicant, Oscar Ramos, submitted a Land Use Permit
Application (hereinafter referred to as PLN-14-00059) seeking the Planning
Commission's approval of a conditional use permit to operate a fitness studio on
property located at 8232 Firestone Boulevard, in Downey.
B. The subject property is zoned DDSP (Downtown Downey Specific Plan) with a land use
designation of"MU" (Mixed Use).
C. On April 1, 2014, staff deemed the application complete.
D. On April 3, 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.
E. The Planning Commission held a duly noticed public hearing on April 16, 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 1, 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 fitness studio (Cross-Fit) is consistent with its General Plan
designation of"Mixed Use." 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 in the vicinity. The Downey General Plan, Vision 2025,
established a goal to minimize noise impacts on sensitive land uses. The proposed
fitness studio has the potential to produce loud noise, which could affect nearby
businesses negatively. Therefore, conditions of approval have been prepared to
address potential noise impacts.
Resolution No. 14-2872
Downey Planning Commission
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 fitness studio 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 4,720 square foot
commercial building and eighteen (18) parking spaces comprise the subject site. The
fitness studio PLN-14-00059 proposes will occupy the entire building (currently identified
as 8230-8232 Firestone Boulevard) and does not require an expansion of the building.
Even though the Applicant proposes to remove the demising wall between the two
tenant spaces, and the Building Department may require additional tenant improvements
to, 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. Firestone Boulevard is a major arterial street that provides
immediate access to the Interstate 605 (San Gabriel River Freeway) and the Interstate
710 (Long Beach Freeway), and it is a through route for traffic passing east and west
through the City. Firestone 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-14-00059), 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-14-00059)—8232 Firestone Blvd
April 16,2014-Page 2
Resolution No. 14-2872
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this 16th day of April, 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 16th day of April, 2014, by the following vote:
AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Flores and Rodriguez
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
Mary avanagh, Secr ry
City Planning Commission
Conditional Use Permit(PLN-14-00059)—8232 Firestone Blvd
April 16,2014-Page 3
Resolution No. 14-2872
Downey Planning Commission
EXHIBIT A— CONDITIONS OF
APPROVAL
PLN-14-00059 (CONDITIONAL USE PERMIT)
1) The approval of this Conditional Use Permit (PLN-14-00059) allows for the operation of
a fitness studio on property located at 8230-8232 Firestone Blvd, Downey, California
(hereinafter"8232" Firestone.)
2) Approval of the Conditional Use Permit (PLN-14-00059) 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) The Applicant shall remove any graffiti applied to the site within 48 hours.
6) The doors on the north side of the business shall remain closed at all times, except to
permit customer/employee ingress and egress.
7) Noise generated from the business shall not exceed 65 db(A) as measured from the
property line.
8) The business owner shall keep all areas under his/her control free of litter and debris.
9) All signs shall comply with the requirements set forth in the Downey Municipal Code.
10) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
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.
H:\Community Development\Davis\cases\cup\PLN-14-00059(8232 Firestone-Crossfit)\RESO.doc
Conditional Use Permit(PLN-14-00059)—8232 Firestone Blvd
April 16,2014-Page 4