HomeMy WebLinkAboutPC Resolution 15-2916RESOLUTION NO. 15 -2916
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00036 (CONDITIONAL USE PERMIT): A REQUEST TO
ESTABLISH AND OPERATE A PERSONAL TRAINING STUDIO (TEAM FIT)
WITHIN A 1,450 SQUARE FOOT TENANT SPACE, ON PROPERTY LOCATED
AT 7340 FIRESTONE BOULEVARD, SUITE 131, 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. An application was filed by Cesar Salas (hereinafter "Applicant ") requesting
approval of a conditional use permit to establish and operate a personal training
studio, on property at 7340 Firestone Blvd, Suite 131, Downey, California
(hereinafter "Subject Site "), zoned C -2 (General Commercial);
B. On April 2, 2015, 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 April 15, 2015,
and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, hereby adopted Resolution No. 15 -2916,
approving PLN -15 -00036 (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 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 proposed use of the subject site as a personal training 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 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.
Therefore, conditions of approval have been prepared to address potential noise
issues.
Resolution No. 15 -2916
Downey Planning Commission
B. 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. The personal training studio will not create any noise impacts to
adjacent uses. However, to prevent any potential noise issues, 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.
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 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 restaurant, offices, retails, and personal services. It also provides 197
off street parking spaces, which represents a sufficient amount of parking spaces
to accommodate the proposed personal training studio. The proposed use will be
contained within an existing 1,450 square feet tenant space and it will not require
an expansion or interior improvement of the space.
D. 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 Road as a secondary arterial. Figure 2.1 -2 — Existing Traffic
Volumes in the same document show that on Old River School Road between
Firestone Boulevard and Stewart and Gray Road, 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
Road 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 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN -15- 00036,
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.
PLN 15 -00036 — 7340 Firestone Blvd
April 15, 2015 - Page 2
Resolution No. 15 -2916
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of April 2015.
Hector Lujan, hair n
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 April
2015, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Morales, Rodriguez and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Flores
ABSTAIN: COMMISSIONERS: None
Mary Cavanagh, Secretary()
City Planning Commission
CONDITIONS OF APPROVAL
PLN -15 -00036 (CONDITIONAL USE PERMIT)
PLN 15- 00036 — 7340 Firestone Blvd
April 15, 2015 - Page 3
Resolution No. 15 -2916
Downey Planning Commission
PLANNING
1) The approval of PLN -15 -00036 (CUP) permits the operation of personal training studio
(Team Fit) at 7340 Firestone Blvd, Suite 131, Downey. 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 -15 -00036 are as follows:
Monday through Thursday: 9:00 a.m. to 11:00 a.m. and 4:00 p.m. to 9:00 p.m.
Friday: 9:00 a.m. to 11:00 a.m. and 4:00 p.m. to 6:00 p.m.
Saturday: from 10:00 a.m. to 12:00 p.m.
3) The business owner /applicant shall keep the entrance and exit doors at the business
closed during all hours of operation.
4) 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.
5) Approval of this PLN -15 -00036 (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.
6) 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.
7) All conditions of PLN -15 -00036 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
8) 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.
9) All signs shall comply with the requirements set forth in the Downey Municipal Code.
PLN 15- 00036 — 7340 Firestone Blvd
April 15, 2015 - Page 4
Resolution No. 15 -2916
Downey Planning Commission
FIRE
10) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
BUILDING
11) The owner /applicant shall obtain all required permits and necessary inspections prior to
beginning operation at the site.
PLN 15- 00036 — 7340 Firestone Blvd
April 15, 2015 - Page 5