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HomeMy WebLinkAbout1. PLN-14-00107 - 8847 Imperial HwySTAFF REPORT PLANNING DIVISION DATE: JULY 2, 2014 TO: PLANNING COMMISSION FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN-14-00107 - A REQUEST TO OPERATE A FITNESS STUDIO (COMMERCIAL RECREATION) LOCATION: 8847 IMPERIAL HIGHWAY, SUITE L ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY On May 9, 2014, Mr. Jehu Salazar and Mr. Samuel Santos submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00107), seeking the Planning Commission’s approval of a conditional use permit to establish a fitness 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-14-00107 – A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A FITNESS STUDIO (COMMERCIAL RECREATION) AT 8847 IMPERIAL HIGHWAY SUITE L, ON PROPERTY ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The Applicants, Mr. Jehu Salazar and Mr. Samuel Santos, are requesting approval of a conditional use permit to operate a fitness studio as a tenant of an existing shopping center. Two commercial buildings comprise the 1.83 acre shopping center with one, 20,287 sq. ft. 1- story building located along the westerly property line and one, 5,800 sq. ft., 1-story building along the northerly property line. The subject property maintains approximately 172 feet of frontage on Imperial Highway, 122 feet of frontage on Lakewood Boulevard, and a depth of approximately 338 feet. The subject property is zoned C-2 (General Commercial) with a General Plan Land Use Designation of General Commercial (GC). The subject property exists in an area with similarly-zoned properties and commercial developments to the south (Imperial Highway and multi-tenant shopping center), east (Lakewood Boulevard and an automotive repair shop), and west (a car wash and various commercial uses). Single-family residentially zoned and developed properties abuts the northerly property line. PLN-14-00107 8847 Imperial Hwy. July 2, 2014 - Page 2 AERIAL PHOTOGR APH – SUBJECT SITE DISCUSSION The fitness studio is proposed to occupy an 2,880 sq. ft. tenant space at the most northerly portion of the subject property. The tenant space is proposed to include a fitness area, restrooms, office space, a break room and a storage room. Adjacent tenants include a beauty spa and a dental office. WEST ELEVATION PLN-14-00107 8847 Imperial Hwy. July 2, 2014 - Page 3 The fitness studio will offer group “boot camp” classes, as well as personal training sessions Monday through Friday 5:30 a.m. to 8:30 p.m. and Saturdays 8:00 a.m. to 2:00 p.m. The applicants estimate a maximum of 15 customers will be served hourly in a boot camp class and a maximum of three customers will be served hourly per instructor, per personal training hour. Only two trainers are available currently. The Applicants plan on having amplified sound as part of the fitness sessions, but they do not foresee the volume levels to be a burden to neighboring uses, because they will be instructing during said sessions and, will need to keep the volume levels of any amplified sound to a minimum. Nevertheless, staff has included a condition of approval to address noise, should volume levels become a nuisance to adjacent uses or the neighboring single-family residential properties. 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 fitness studio PLN-14-00107 proposes requires 10 parking spaces, based on the ratio of 2,880 sq. ft. of floor area/300. As such, staff does not expect the proposed use to impact the property’s parking supply because the proposed location for the fitness studio is within an existing multi-tenant shopping center, 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 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 fitness studio will be located within an existing tenant space; therefore staff feels that this use qualifies for a Class 1 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- 14-00107: 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, PLN-14-00107 8847 Imperial Hwy. July 2, 2014 - Page 4 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 buildings on the subject property exist and all main entrances are oriented towards Imperial Highway and Lakewood Boulevard. Although the fitness studio 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 subject property is comprised of a 1.83 acre shopping center with one, 20,287 sq. ft. 1-story building located along the westerly property line and one, 5,800 sq. ft., 1-story building along the northerly property line. It maintains approximately 172 feet of frontage on Imperial Highway, 122 feet of frontage on Lakewood Boulevard, and a depth of approximately 338 feet. The existing buildings habe been designed to accommodate for retail and professional office uses in conjunction to one another. The site provides 124 off-street parking spaces, which represents a sufficient amount of parking spaces to accommodate the proposed fitness studio being that the use requires 10 parking spaces, less than what is required for a retail use in the C-2 (General Commercial) zone. As such, the existing site size and shape is adequate to allow for the full development of the proposed fitness 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 Lakewood Boulevard as a major arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on Imperial Highway between Lakewood Boulevard and Brookshire Avenue, the existing Average Daily Traffic (ADT) volume is approximately 34,100 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 46,600 VPD demonstrating that Imperial Highway has sufficient capacity to absorb any additional traffic the requested fitness studio 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 June 6, 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 19, 2014. PLN-14-00107 8847 Imperial Hwy. July 2, 2014 - Page 5 CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-14-00107, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. ZONING MAP 500’ RADIUS MAP RESOLUTION NO._____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00107 – A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A FITNESS STUDIO (COMMERCIAL RECREATION) AT 8847 IMPERIAL HIGHWAY SUITE L, 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 May 9, 2014, the Applicants, Jehu Salazar and Samuel Santos, submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00107) seeking approval of a conditional use permit to operate a fitness (commercial recreation) as a tenant of an existing shopping center located at 8847 Imperial Highway, Suite L, in Downey. B. The subject property is zoned C-2 (General Commercial) with a land use designation GC (General Commercial). C. On June 6, 2014, staff deemed the application complete, thus allowing it to be scheduled for a public hearing. D. On June 19, 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 July 2, 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 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 Resolution No.____ Downey Planning Commission PLN-14-00107 (Conditional Use Permit) – 8847 Imperial Highway, Suite L July 2, 2014 - Page 2 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 buildings on the subject property exist and all main entrances are oriented towards Imperial Highway and Lakewood Boulevard. Although the fitness studio 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 subject property is comprised of a 1.83 acre shopping center with one, 20,287 sq. ft. 1-story building located along the westerly property line and one, 5,800 sq. ft., 1-story building along the northerly property line. It maintains approximately 172 feet of frontage on Imperial Highway, 122 feet of frontage on Lakewood Boulevard, and a depth of approximately 338 feet. The existing buildings habe been designed to accommodate for retail and professional office uses in conjunction to one another. The site provides 124 off-street parking spaces, which represents a sufficient amount of parking spaces to accommodate the proposed fitness studio being that the use requires 10 parking spaces, less than what is required for a retail use in the C-2 (General Commercial) zone. As such, the existing site size and shape is adequate to allow for the full development of the proposed fitness 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 Lakewood Boulevard as a major arterial. Figure 2.1-2 – Existing Traffic Volumes in the same document show that on Imperial Highway between Lakewood Boulevard and Brookshire Avenue, the existing Average Daily Traffic (ADT) volume is approximately 34,100 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 46,600 VPD demonstrating that Imperial Highway has sufficient capacity to absorb any additional traffic the requested fitness studio 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-14-00107 (Conditional Use Permit), subject to the Conditions Of Approval attached hereto as Exhibit A, Resolution No.____ Downey Planning Commission PLN-14-00107 (Conditional Use Permit) – 8847 Imperial Highway, Suite L July 2, 2014 - Page 3 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. PASSED, APPROVED AND ADOPTED this 2nd day of July 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 2nd day of July 2014 by the following vote, to wit: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: ___________________ Mary Cavanagh, Secretary City Planning Commission Resolution No.____ Downey Planning Commission PLN-14-00107 (Conditional Use Permit) – 8847 Imperial Highway, Suite L July 2, 2014 - Page 4 EXHIBIT A – CONDITIONS OF APPROVAL PLN-14-00107 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN-14-00107 (Conditional Use Permit) authorizes the use of 8847 Imperial Highway, Suite L, as a fitness 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- 00107(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) All fitness studio activities shall be conducted within the building. 9) The exterior doors, located on the east (front) and west (rear) façade of the business, shall remain closed at all times, except for ingress/egress purposes and to permit emergency access. 10) The owner/applicant shall not permit any loitering on the property. Resolution No.____ Downey Planning Commission PLN-14-00107 (Conditional Use Permit) – 8847 Imperial Highway, Suite L July 2, 2014 - Page 5 BUILDING 11) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 12) The owner/applicant shall comply with American Disabilities Act (ADA) standards. 13) 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. 14) Occupancy loads shall be posted and comply with the 2013 California Building Code. FIRE 15) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. PUBLIC WORKS 16) 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. 17) 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).