HomeMy WebLinkAboutPC Resolution 14-2873 RESOLUTION NO. 14-2873
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 (0).
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.14-2873
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 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.
PLN-14-00064(Conditional Use Permit)—10242 Lakewood Boulevard
May 7, 2014-Page 2
Resolution No.14-2873
Downey Planning Commission
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: 4ttif ,
Mary Cavanagh, Secr--ry
City Planning Commission
PLN-14-00064(Conditional Use Permit)—10242 Lakewood Boulevard
May 7, 2014-Page 3
Resolution No.14-2873
Downey Planning Commission
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.
PLN-14-00064(Conditional Use Permit)—10242 Lakewood Boulevard
May 7,2014-Page 4
Resolution No.14-2873
Downey Planning Commission
BUILDING
a` 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).
I
PLN-14-00064(Conditional Use Permit)—10242 Lakewood Boulevard
May 7,2014-Page 5