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HomeMy WebLinkAbout2. PLN-14-00170 8043 Second St. 101STAFF REPORT PLANNING DIVISION DATE: OCTOBER 15, 2014 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER SUBJECT: PLN-14-00170 (CONDITIONAL USE PERMIT) - A REQUEST TO ESTABLISH AND OPERATE A MARTIAL ARTS SCHOOL (GRACIE BARRA BRAZILIAN JIU -JITSU) LOCATION: 8043 SECOND STREET, SUITE 101 ZONING: DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) REPORT SUMMARY The applicant, Mr. Christopher Guzman, seeks the Planning Commission’s approval of a conditional use permit (PLN-14-00170) to operate a martial arts school (Gracie Barra Brazilian Jiu-Jitsu). After reviewing the materials and information submitted with the Land Use Permit Application, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00170 (CONDITIONAL USE PERMIT): A REQUEST TO ESTABLISH AND OPERATE A MARTIAL ARTS SCHOOL (GRACIE BARRA BRAZILIAN JIU-JITSU), ON PROPERTY LOCATED AT 8043 SECOND STREET, SUITE 101, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) BACKGROUND The subject site is an “L” shaped, 53,000 square foot parcel that is located on the west side of Myrtle Street and extends from Third Street south to Second Street. The site is improved with three (3) multi-tenant buildings. The northernmost building (Building 1) contains 7,889 square feet of floor area, while the central building (Building 2) is 4,124 square feet in size, and the southernmost building (Building 3) is 8,570 square feet. A total of 59 parking spaces are distributed along the west side of all three buildings. Vehicular access to the site is from a driveway on Third Street and a driveway on Second Street. The project also provides a pedestrian walkway between Building 2 and Building 3. The subject site has a General Plan Land Use Designation of MU (Mixed Use) and is within the Downtown Residential District of the Downtown Downey Specific Plan area. Agenda Page 1 PLN-14-00170 – 8043 Second Street October 15, 2014 - Page 2 The surrounding properties include single family homes and a day care facility to the north of the site (across Third Street). The south side of the project site is developed with an assisted living facility (across Second Street). A single family home and various commercial businesses facing Paramount Boulevard exist to the west. The east side of the property (across Myrtle Street) is developed with a dental office. On August 13, 2014, Mr. Christopher Guzman submitted a Land Use Permit Application to obtain the Planning Commission’s approval of a conditional use permit (PLN-14-00170) to operate a martial arts school (Brazilian Jiu-Jitsu). Mr. Guzman has worked and managed other Gracie Barra Jiu-Jitsu studios in the City of Whittier and City of West Covina in the past. Now he is proposing to open his own studio in Downey. DISCUSSION In a letter he submitted with the application, Mr. Guzman mentioned that the martial arts school PLN-14-00170 proposes would occupy the southwestern unit of Building 3. This space contains approximately 1,710 square feet of floor area, which includes the open floor area, a small desk area used for new membership enrollment, and a unisex restroom located at the northeast corner of the tenant space. The other tenants of the building include a real estate office, a beauty salon, and professional offices. Gracie Barra Brazilian Jiu-Jitsu offers self-defense techniques and awareness classes for its members who range in age from children (as young as four years old) to adults. Each session lasts about one hour and will have between 4 and 14 students per class. The proposed hours of operation are: • Monday through Thursday: from 5:00 p.m. to 9:00 p.m. • Friday: from 5:00 p.m. to 7:00 p.m. • Saturday: from 10:00 a.m. to 1:00 p.m. Section 9126 of the Downey Municipal Code includes martial arts studios, health and fitness clubs, or facilities equipped and used for sports training and conditioning 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. It is important to note that the maximum occupancy load of the proposed martial arts school is 35 persons. This number is based on one person per an occupant load factor of 50 per gross floor area for exercise/training area. Noise The applicant proposes to operate the martial arts school in the evening hours on weekdays. It is staff’s opinion that the school will not create any noise impacts to the adjacent businesses or nearby residents. In addition, music and amplified speakers will not be used at the school. Parking The parking standard for commercial recreation uses such as gymnasiums and health clubs in the Downtown Downey Specific Plan is one (1) parking space per 500 square feet of gross floor area. By that standard, the martial arts school PLN-14-00170 proposes requires four (4) parking Agenda Page 2 PLN-14-00170 – 8043 Second Street October 15, 2014 - Page 3 spaces, based on the ratio of 1,710 square feet of floor area /500. As such, staff does not expect the proposed use to impact the center’s parking supply negatively, because the existing 59 parking spaces satisfy the required parking spaces for all existing businesses on site. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff 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, include projects that involve no or negligible expansion of the existing use. It is staff’s opinion that the proposed martial arts school will not require the expansion of the existing tenant space; thereby qualifying for the Class 1 exemption. FINDINGS Pursuant to the requirements of the Municipal Code Section 9824.06, staff recommends that the Planning Commission make the following findings to approve the request: 1. That the proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The subject site is within the Mixed Use General Plan Land Use Designation, which is implemented with the Downtown Downey Specific Plan (DDSP). The proposed martial arts school will meet the goals and objectives of the DDSP and the General Plan because it provides a desired service to the surrounding commercial and residential areas. The requested use will be compatible with the development patterns in the area and the scale is small enough that it will not impact nearby uses. 2. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The subject site is in a fully developed area of the City, with little to no vacant properties in the immediate vicinity. Inasmuch as the proposed use will occupy an existing tenant space, this use will not prevent surrounding properties from being developed or recycled. Nevertheless, staff has proposed several conditions of approval to prevent the use from being a burden onto others. These conditions are necessary to avoid any adverse effects on the adjoining land uses. 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 proposed use will be contained within an existing 1,710 square feet tenant space and does not require an expansion of the building. The martial arts school PLN-14- 00170 proposes would occupy the southwestern unit of the subject (Building 3). Even though minimal tenant improvements may be required, the improvements will not impact the existing uses on the site or other properties in the area. The subject site has sufficient shape and size to accommodate the proposed use. Agenda Page 3 PLN-14-00170 – 8043 Second Street October 15, 2014 - Page 4 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is located within the downtown area of the City. Staff has reviewed the proposal for any potential increase in traffic caused by the operation of the business and believed that activities during the evening hours will not impose an undue burden upon the streets in the area. The surrounding streets (Myrtle Street, Second Street and Third Street) have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the proposed business. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained in this report, the proposed martial arts school can be a benefit to the area provided all conditions of approval are adhered to. Furthermore, staff believes that all four findings required to approve PLN-14-00170 can be made in a positive manner. As such, staff recommends that the Planning Commission adopt a resolution approving PLN-14-00170, subject to the conditions of approval as stated the Planning Commission Resolution. EXHIBITS A. Site Plan B. Maps C. Draft Resolution Agenda Page 4 PLN-14-00170 – 8043 Second Street October 15, 2014 - Page 5 Exhibit ‘A’ PROJECT LOCATION SITE PLAN Subject Business Agenda Page 5 PLN-14-00170 – 8043 Second Street October 15, 2014 - Page 6 Exhibit ‘B’ AERIAL PHOTOGRAPH ZONING MAP Proposed Business SUBJECT PROPERTY Agenda Page 6 Exhibit ‘C’ RESOLUTION NO. 14-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-14-00170 (CONDITIONAL USE PERMIT): A REQUEST TO ESTABLISH AND OPERATE A MARTIAL ARTS SCHOOL (GRACIE BARRA BRAZILIAN JIU-JITSU), ON PROPERTY LOCATED AT 8043 SECOND STREET, SUITE 101, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN) 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. An application was filed by Christopher Guzman (hereinafter "Applicant") requesting approval of a special event permit to establish and operate a martial arts studio, on property at 8043 Second Street, Downey, California (hereinafter "Subject Site"), zoned DDSP (Downtown Downey Specific Plan); B. On October 2, 2014, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. C. The Planning Commission held a duly noticed public hearing on October 15, 2014, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopted this Resolution, approving PLN-14-00170 (Conditional Use Permit), subject to the 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 hearings, the Planning Commission further finds, determines and declares that: A. That the proposed activity or use will be consistent with the objectives, policies, and general land uses and programs specified in the City’s General Plan. The subject site is within the Mixed Use General Plan Land Use Designation, which is implemented with the Downtown Downey Specific Plan (DDSP). The proposed martial arts school will meet the goals and standards of the DDSP and the General Plan because it provides a desired service to the surrounding commercial and residential areas. The requested use will be compatible with the development patterns in the area and the scale is small enough that it will not impact nearby uses. B. That the proposed activity or use is consistent with other provisions of Article IX of the Downey Municipal Code. The subject site is in a fully developed area of the City, with little to no vacant properties in the immediate vicinity. Inasmuch as the proposed use will occupy an existing tenant space, this use will not prevent surrounding properties from being developed or recycled. Nevertheless, staff has proposed several conditions of approval to prevent the Agenda Page 7 Resolution No. 14-____ Downey Planning Commission PLN 14-00170 – 8043 Second Street October 15, 2014 - Page 2 use from being a burden onto others. These conditions are necessary to avoid any adverse effects on the adjoining land uses. C. 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 proposed use will be contained within an existing 1,710 square feet tenant space and does not require an expansion of the building. The martial arts school PLN-14-00170 proposes would occupy the southwestern corner unit of the subject building. Even though minimal tenant improvements may be required, the improvements will not impact the existing uses on the site or other properties in the area. The subject site has sufficient shape and size to accommodate the proposed use. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is located within the downtown area of the City. Staff has reviewed the proposal for any potential increase in traffic caused by the operation of the business and believed that activities during the evening hours will not impose an undue burden upon the streets in the area. The surrounding streets (Myrtle Street, Second Street and Third Street) have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the proposed business. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN-14-00170, subject to the Conditions of Approval attached hereto as Exhibit A – Conditions, 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 15th day of October 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 15th day of October 2014, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 8 Resolution No. 14-____ Downey Planning Commission PLN 14-00170 – 8043 Second Street October 15, 2014 - Page 3 PLN-14-00170 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN-14-00170 (CUP) permits the operation of martial arts school (Gracie Barra Brazilian Jiu-Jitsu) at 8043 Second Street, Suite 101. Any deviations or exceptions from said site plan, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval by the Downey Planning Commission. 2) The permitted hours of operation for training sessions for PLN-14-00170 are as follows: • Monday through Thursday: from 5:00 p.m. to 9:00 p.m. • Friday: from 5:00 p.m. to 7:00 p.m. • Saturday: from 10:00 a.m. to 1:00 p.m. 3) The business owner/applicant shall keep the entrance and exit doors at the business closed during all hours of operation. 4) Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, measured at the property line. If noise- related problems are received and verified by the Planning Division, the business owner/applicant is required to conduct a noise study by a licensed acoustical engineer to show that the site complies with City’s noise standards. 5) 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. 6) Approval of this PLN-14-00170 (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. 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 conditions of PLN-14-00170 (Conditional Use Permit) shall be complied with before this conditional use permit becomes valid. 9) All signs shall comply with the requirements set forth in the Downey Municipal Code. Agenda Page 9 Resolution No. 14-____ Downey Planning Commission PLN 14-00170 – 8043 Second Street October 15, 2014 - Page 4 10) The Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. FIRE 11) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire extinguishers to the satisfaction of the Fire Department. BUILDING 12) The owner/applicant shall obtain all required permits and necessary inspections prior to beginning operation at the site. Agenda Page 10 Resolution No. 14-____ Downey Planning Commission PLN 14-00170 – 8043 Second Street October 15, 2014 - Page 5 Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects/Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. ☐ Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales, area drains, natural drainage courses or wind. ☐ Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. ☐ Fuels, oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. ☐ Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site. ☐ Excess or waste concrete may not be washed into the public way or any other drainage system. Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. ☐ Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. ☐ Sediments and other materials may not be tracked from the site by vehicle traffic. The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. ☐ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. ☐ Other _____________________________________________________________ _____________________________________________________________ As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments, erosion, and construction materials, and I certify that I will comply with these requirements. Project Name: _________________________________________________________ Project Address: _______________________________________________________ Print Name ______________________________________ (Owner or authorized agent of the owner) Signature _____________________________________ Date __________________ (Owner or authorized agent of the owner) Agenda Page 11