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HomeMy WebLinkAbout4. PLN-14-00080 7320 FirestoneCityofDowneV STAFF REPORT PLANNING DIVISION DATE: JUNE 18, 2014 TO: PLANNING COMMISSION FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN -14 -00080 - A REQUEST TO OPERATE A MARTIAL ARTS STUDIO (COMMERCIAL RECREATION) LOCATION: 7320 FIRESTONE BLVD., SUITE 105 ZONING: C -2 (GENERAL COMMERCIAL) REPORT SUMMARY On April 9, 2014, Becker Perez submitted a Land Use Permit Application (hereinafter referred to as PLN -14- 00080), seeking the Planning Commission's approval of a conditional use permit to establish a martial arts studio. 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 -00080 — A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A MARTIAL ARTS STUDIO (COMMERCIAL RECREATION) LOCATED AT 7320 FIRESTONE BLVD. ZONED C -2 (GENERAL COMMERCIAL) BACKGROUND The Applicant, Becker Perez, is requesting approval of a conditional use permit to operate a martial arts studio (commercial recreation) as a tenant of an existing shopping center called "the West Downey Plaza ". The triangular- shaped property borders Firestone Boulevard, Old River School Road and Arnett Street. It maintains approximately 420 feet of frontage on Firestone Boulevard, 228 feet along Old River School Road, and 620 feet along Arnett Street. The subject property is zoned C -2 (General Commercial) with a General Plan Land Use Designation of General Commercial (GC). Four commercial buildings comprise the 127,200 square foot (2.92 acres) shopping center as follows: two 2 -story buildings along the southerly and easterly sides of the subject property (Building A and Building B); a single -story retail building on the westerly side of the subject site (Building C); and a restaurant building (Building D) near the Firestone Boulevard frontage of the site. One- hundred and ninety seven parking spaces exist on the site. The majority of the parking spaces are located between the Firestone Boulevard frontage of the site and in front of Building A and Building B. Approximately 50 spaces exist at the rear of these buildings, adjacent to the Arnett Street frontage. A corridor that extends from the north parking lot to the rear parking lot separates Building A from Building B. Staircases lead from the open corridor to the second floor of each building. Generally, these buildings designate retail uses on the ground floor and office uses on the second floor. U& SITE PHOTOGRAPH The West Downey Plaza exists in an area with similarly -zoned commercial developments to the north (used car dealership), east (gasoline service station and retail developments) and west (LA Fitness parking lot). Multiple - family residences abut the opposite side of Arnett Street south of the subject site. AERIAL PHOTOGRAPH - WEST DOWNEY PLAZA PLN -14 -00080 7320, Suite 105, Firestone Boulevard June 18„ 2014 - Page 2 DISCUSSION The martial arts studio PLN -14 -0080 proposes would occupy Suite 105; a first floor tenant space at the westerly end of Building "B ". The tenant space comprises approximately 1,081 sq. ft. of floor area, which includes the workout area, a small storage closet, and a bathroom. The adjacent tenants include a vacant space to the west and a retail supplements store to the east. FRONT ELEVATION In a letter of intent submitted as part of the application for PLN- 14- 00080, Mr. Perez mentioned the martial arts studio will offer Brazilian Jiu -Jitsu (BJJ) to children and adults. There will exist several class types at this location, including classes that teach the fundamentals of BJJ, advanced BJJ, and Children's BJJ. PLN -14 -00080 proposes one BJJ session per hour, 8 sessions Monday - Friday, and 3 sessions on Saturday and Sunday. The Applicant estimates 0 -10 customers per session with one head instructor and two additional instructors being available as needed. The martial arts studio hours of operation will occur from 7:00 a. m. to 9:00 p.m. Monday through (Friday and 10.00 a. m. to 4:00 p.m. Saturday and Sundays. Office hours of operation will be from 9:00 a.m. to 9:00 p.m. Monday- Friday and 10:00 a.m. to 12:00 p.m. Saturday and Sunday. The Applicant proposes no amplified sound, being that the instructor must be heard throughout the instruction time. Staff recognizes that the proposed use could create unwanted noise during classroom instruction, and as such, has included a condition of approval to address this, should volume levels become a nuisance to adjacent properties or uses. Section 91261 of the Downey Municipal Code includes martial arts studios 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. PLN -14 -00080 7320, Suite 105, Firestone Boulevard. June 18, 2014 - Page 3 The parking standard for martial arts studios 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 dance studio PLN -14 -00080 proposes requires four parking spaces only, based on the ratio of 1,081 square feet of floor area 1300. As such, staff does not expect the proposed use to impact the center's parking supply because that the martial art studio will locate on the first floor of Building B, which is intended for general commercial and office uses. REAR ELEVATION 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- 13- 00196; 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 martial arts studio 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. Dance PLN -14- 00080 7320, Suite 105, Firestone Boulevard. June 18, 2014 - Page 4 studios produce loud music, which could generate unacceptable noise levels. Therefore, 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 center on the subject property is oriented towards Firestone Boulevard. Although the martial arts studio may 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. Four commercial buildings comprise the 127,200 square foot shopping center, including a restaurant building, a one -story retail building, and two 2 -story buildings each designed to have retail and office Units. It also provides 197 off street parking spaces, which represents a sufficient amount of parking spaces to accommodate the proposed dance studio. 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 #2004039159), Chapter 2 - Circulation, Figure 2.1 -1 - Circulation Plan, classifies Old River School Rd. as a secondary arterial. Figure 2.1 -2 — Existing Traffic Volumes in the same document show that on Old River School Rd. between Firestone Blvd. and Stewart and Gray Rd., the existing Average Daily Traffic (ADT) volume is approximately 13,000 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 19,300 VPD demonstrating that Old River School Rd. has sufficient capacity to absorb any additional traffic the requested modification 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 May 7, 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 June 5, 2014. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN -14- 00080, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. PLN -14 -00080 7320, Suite 105, Firestone Boulevard. June 18, 2014 - Page 5 ZONING MAP Em ►l�r _ 500' RADIUS MAP PLN -14 -00080 7320, Suite 105, Firestone Boulevard. June 18, 2014 - Page 6 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -14 -00080 — A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A MARTIAL ARTS STUDIO (COMMERCIAL RECREATION) LOCATED AT 7320 FIRESTONE BLVD. 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 April 9, 2014, the Applicant, Becker Perez, submitted a Land Use Permit Application (hereinafter referred to as PLN -14. 00080) seeking approval of a conditional use permit to operate a martial arts studio (commercial recreation) as a tenant of an existing shopping center located at 7320 Firestone Blvd. Suite 105, in Downey. B. The subject property is zoned C -2 (General Commercial) with a land use designation GC (General Commercial). C. On May 7, 2014, staff deemed the application complete, thus allowing it to be scheduled for a public hearing. D. On June 5, 2014, notice of the pending public hearing was published in the Downey Patriot and was sent to all property owners within 500' of the subject site. E. The Planning Commission held a duly noticed public hearing on June 18, 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. 153011 (Class 1, Existing Facilities). SECTION 3. Having considered ail 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 subject site's use as a martial arts studio 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 Resolution No. Downey Planning Commission 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. Dance studios produce loud music, which could generate unacceptable noise levels. Therefore, 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 center on the subject property is oriented towards Firestone Boulevard. Although the martial arts studio may 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. Four commercial buildings comprise the 127,200 square foot shopping center, including a restaurant building, a one -story retail building, and two 2 -story buildings each designed to have retail and office units. It also provides 197 off street parking spaces, which represents a sufficient amount of parking spaces to accommodate the proposed dance studio. 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 Old River School Rd. as a secondary arterial. Figure 2.1 -2 — Existing Traffic Volumes in the same document show that on Old River School Rd. between Firestone Blvd. and Stewart and Gray Rd., the existing Average Daily Traffic (ADT) volume is approximately 13,000 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 19,300 VPD demonstrating that Old River School Rd, has sufficient capacity to absorb any additional traffic the requested modification 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 -00080 (Conditional Use Permit), subject to the Conditions Of Approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and generai 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 -00080 (Conditional use Permit) -- 7320 Firestone Blvd., Suite 105 June 18, 2014 - Page 2 Resolution No. Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of June 2014. Robert Keifer, Chairman City Planning 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 18th day of June 2014 by the following vote, to wit:. AYES: NOES: ABSENT: Mary Cavanagh, Secretary City Planning Commission PLN -14 -60080 (Conditional Use Permit) — 7320 Firestone Bird., Suite 105 June 18, 2014 - Page 3 Resolution No. Downey Planning Commission EXHIBIT A — CONDITIONS OF APPROVAL PLN -14 -00080 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN -14 -00080 (Conditional Use Permit) authorizes the use of 7320 Firestone Blvd., Suite 105 as a martial arts studio (commercial recreation). 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) The owner/applicant shall comply with all conditions of approval for PLN -14 -00080 (Conditional Use Permit) before the Conditional Use Permit becomes valid. 5) The owner /applicant shall comply with all City of Downey noise regulations. 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 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 south (rear) side of the business (facing the adjacent parking lot and Arnett St.) shall remain closed at all times, except to permit emergency egress as needed. BUILDING 9) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code, PLN-14 -00080 (Conditional Use Permit) — 7320 Firestone Blvd., suite 105 June 18, 2014 - Page 4 Resolution No. Downey Planning Commission 10) The ownerlapplicant 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 owner/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 flans 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). PLN -14 -00080 (Conditional Use Permit) — 7320 Firestone Blvd., Suite 105 June 18, 2014 - Page 5 Business Description A. Mission Statement To enhance the lives of people through the gentle -art of Brazilian Jiu - Jitsu B. Summary We will provide a safe, clean, and friendly fitness environment for students to learn and train Brazilian Jiu - Jitsu. Brazilian ,Jiu - Jitsu, or BJJ, is a grappling martial -art that emphasizes the use of leverage and technique to control and submit opponents who are much larger and stronger. BJJ was created for the smaller and less strong person, but the principles of leverage and technique can be applied to all types of persons, male or female, adult or child. It has been popularized by mixed martial arts with most notable promotion being the UFC (Ultimate Fighting Championship). Persons who are interested in learning quality instruction and gaining the workout benefits will not find. BJJ at their neighborhood gym. Our academy will take the finest attributes of a high - quality fitness center and use it within the confines of a BJJ dojo. The academy will have front -desk check -in for students. The equipment used in BJJ requires but is not limited to cushioned mat space, and a special constructed uniform kimono, also known as a Gi. The mat space is where all learning and training for students will be conducted. The kimono is worn not only as a tradition, but for training and self- defense purposes that is needed for students to rehearse specific situations which will involve repetitive grabbing of the fabric on the uniform. New students will expect an exciting and dynamic experience with BJJ and overall fitness. They will undergo conventional and unconventional exercise routines that will allow them to use positions to their advantage in self - defense and training. The unconventional exercise routines are unique but in no way limited to just grappling and ground- fighting. The unconventional body movements will inspire students to find the best use of their physical attributes that were not normally discovered through basic and accustomed workout routines. The warm -ups and movement drills will focus on developing these unique attributes of each student and will help them develop the right muscle memory for BJJ. Though it takes many years to reach the highest level our students will be guided with their journey from low rank belt to a high rank belt and to ensure quality instruction is being delivered at all times with a set curriculum that will be taught by an academy instructor. The curriculum will cover the various aspects of the self- defense and sport side of BJJ. An example position of the curriculum would have students pairing up with one another to practice punch- defense on their feet in which the student will learn how to take the attacker to the ground and submit. Students will take their turn drilling the position and we will be overseen by the instructor for any discrepancy or concerns. Students will have opportunity to connect together the positions they were taught during the sparring phase of the class session. RECEIVED JUN 1 12014 PLANNING PLN -14 -00 0 88 C. Competitive Edge Our competitors are the local Brazilian Jiu -Jitsu academies and martial arts schools within 10 mile radius. The competitive edge that our competitors hold would be years established with the community, multiple- fitness training, experienced instructors, large sq -ft, facility with bigger mat space, more staff, and academy is opened longer throughout day. The weakness of our competitors would be: large class sizes that lack personal attention and focus from instructor, lack of consistency from instructor teaching his/her students, safety of students is compromised with a larger class size, a big gym is nice but due to its size is not always well maintained, aggressive image to public with a non - welcoming environment for beginners. Our academy will be distinguished with our competitors with the following: association with a high -level academy, small class size for personal attention (class size will range 6 -10 students), high -level instructor, maintaining consistent level of instruction with a curriculum, well maintained training area, consistent transparency of academy activities through website and social media, professional and welcoming environment for the experienced and the beginners, with a bi- llingual staff that will cater to the predominantly Hispanic community. D. *Pricing I Year- $125.00/mo.- $150.00/mo. Unlimited/Males I Year - $99.00/mo.- $130.00/mo. Unlimited /Females /Kids No contract - $190.00- $210.00/mo. Unlimited /Males No contract - $170.00- $190.00/mo. Unlimited /Females /Kids Drop in Fee - $25.00 Day 6 Month Prepaid - $780.00 12 Month Prepaid - $1500.00 10% OFF FOR MILITARY & LAW ENFORCEMENT MEMBERS 10% OFF FOR EVERY ADDITIONAL FAMILY MEMBER PRIVATE INSTRUCTION WITH BLACK BELT HEAD INSTRUCTOR 1- 1 HOUR SESSION - $150 Enrollment Fee - $50.00 *Pricing is subject to change at the discretion of the Connect BJJ. Operations Head Instructor: Accountable for ensuring the level of instruction is proper and safe at the Academy by leading and motivating the "Instructor Board" and by teaching the classes themselves. The head instructor is also responsible for the full compliance with the Instructors Code of Conduct and for fostering the understanding of the BJJ Culture by all instructors and students as well as stimulating an exciting and welcoming environment at the school. Program Director: Accountable for enrolling new members and for upgrading /renewing the accounts of existing members. Assisting and filling in for the head instructor when needed for class support. Operations Manager: Operations managers plan, direct and coordinate the operations of the academy. The general operations manager is responsible for ensuring and improving the performance, productivity, efficiency and profitability of the academy and organizational . operations through the provision of effective methods and strategies. Assisting and filling in for the head instructor when needed for class support. Schedule for Children and Adults: * Basic 1 -2, Advance, & No Gi are limited to adults & Teens only (ages 16 and Older) Office Hours of Operation: Monday thru Friday 9:00 AM r 9:00 PM, Saturday & Sunday 10:00 AM —12:00 PM Mon Tues Wed Thurs Fri Sat Sun. 7 -8 * Basic 1 * Basic 1 8_9 * Basic 2 * Basic 2 9- 10 *Basic 1 * Basic 1 * Basic 1 10- 11 * Basic 2 * Basic 2 * Basic 2 * Basic 1 * Basic 1 11- 12 - * Basic 2 * Basic 2 12_ 180 Competition Class Competition Class Competition Class Competition Class Competition Class 2 -3 Open Mat Open Mat 8-4 Open Mat open Mat 4 -5 Kid 7 -12 Kids 7 -12 Kids 7 -12 Kids 7 -12 Kids 7 -12 5 -8 Kids 13 -15 Kids 13-15 Kids 13 -15 Kids 13 -15 Kids 13 -15 6-7 * Basic 1 * Basic 1 * Basic 1 * Basic 1 * Basic 1 7 -8 * Basic 2 * Basic 2 * Basic 2 * Basic 2 * Basic 2 8 -9 *Advanced I * No Gi * Advanced * No Gi *Advanced - * Basic 1 -2, Advance, & No Gi are limited to adults & Teens only (ages 16 and Older) Office Hours of Operation: Monday thru Friday 9:00 AM r 9:00 PM, Saturday & Sunday 10:00 AM —12:00 PM