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Home My WebLink AboutPC Resolution 14-2881 RESOLUTION NO. 14-2881 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. SUITE 105, 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. 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 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 J Resolution No. 14-2881 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 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-14-00080(Conditional Use Permit)—7320 Firestone Blvd., Suite 105 June 18,2014-Page 2 Resolution No. 14-2881 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 Kiefer, 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: COMMISSIONERS: Kiefer, Lujan, Morales, and Rodriguez ABSENT: COMMISSIONERS: Flores ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None 7, Mary C vanagh, Secret-ry City Planning Commission Wimp PLN-14-00080(Conditional Use Permit)—7320 Firestone Blvd.,Suite 105 June 18,2014-Page 3 Resolution No. 14-2881 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. 14-2881 Downey Planning Commission 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 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 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). r PLN-14-00080(Conditional Use Permit)—7320 Firestone Blvd., Suite 105 June 18,2014-Page 5