HomeMy WebLinkAboutPC Resolution 14-2883 RESOLUTION NO. 14-2883
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:
II 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
IL 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.14-2883
Downey Planning Commission
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,
PLN-14-00107(Conditional Use Permit)—8847 Imperial Highway, Suite L
July 2,2014-Page 2
Resolution No.14-2883
Downey Planning Commission
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 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 2nd day of
July 2014 by the following vote, to wit:
AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Flores and Rodriguez
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
Caif
Mary Cavanagh, Secretary
City Planning Commission
PLN-14-00107(Conditional Use Permit)—8847 Imperial Highway, Suite L
July 2,2014-Page 3
Resolution No.14-2883
Downey Planning Commission
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.
PLN-14-00107(Conditional Use Permit)—8847 Imperial Highway,Suite L
July 2,2014-Page 4
Resolution No.14-2883
Downey Planning Commission
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.
it
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).
PLN-14-00107(Conditional Use Permit)—8847 Imperial Highway, Suite L
July 2,2014-Page 5