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HomeMy WebLinkAboutPC Resolution 14-2896Exhibit'C' RESOLUTION NO. 14 -2896 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 No. 14 -2896, 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 Resolution No. 14 -2896 Downey Planning Commission 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. PLN 14 -00170 — 8043 Second Street October 15, 2014 - Page 3 Resolution No. 14 -2896 Downey Planning Commission 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 Signature (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) PLN 14 -00170 — 8043 Second Street October 15, 2014 - Page 5