HomeMy WebLinkAboutPC Resolution 15-2918RESOLUTION NO. 15 -2918
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -15 -00048 (REVISION TO A CONDITIONAL USE PERMIT): A
REQUEST FOR REVISION "A" TO PLN -13- 00255, FOR THE OPERATION OF A
MIXED MARTIAL ARTS STUDIO (KING COBRA MMA) WITHIN A 2,400 SQUARE
FOOT TENANT SPACE, ON PROPERTY LOCATED AT 12145 PARAMOUNT
BOULEVARD, 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 Jessica Lycans -Roy (hereinafter "Applicant ")
requesting approval of a revision to a conditional use permit to operate a mixed
martial arts studio, on property at 12145 Paramount Blvd, Downey, California
(hereinafter "Subject Site "), zoned C -2 (General Commercial);
B. On April 21, 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 May 6, 2015,
and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, hereby adopted Resolution No. 15 -2918,
approving PLN -15 -00048 (Conditional Use Permit), subject to the conditions of
approval.
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. The proposed use of the subject site as a mixed 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 revision
to a 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 imposed for PLN -13 -00255 and new
conditions have been prepared for PLN -15 -00048 to address and mitigate
potential noise issues.
B. The commercial center on the subject property is oriented towards Paramount
Boulevard. Although the mixed martial arts studio has the potential to create a
noise impact, conditions of approval have been included to mitigate such impacts.
Resolution No. 15 -2918
Downey Planning Commission
In addition, the applicant is required to adhere to all conditions of approval under
PLN13 -00255 (Resolution No. 14- 2866). As such, the requested use will not
adversely affect adjoining land uses and the growth and development of the area.
C. 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. A
7,700 square foot commercial building and twenty -five (25) parking spaces
comprise the subject site. The proposed use will be contained within an existing
tenant space and does not require an expansion or interior improvement of the
space. Therefore, it will not impact the existing uses on the site or other
properties in the area.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. Paramount Boulevard is a major arterial
street that provides immediate access to the Interstate 5 (Santa Ana Freeway)
and serves as a through route for traffic passing north and south through the City.
Paramount Boulevard has sufficient capacity to absorb any additional traffic the
requested use 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- 00048,
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 6th day of May 2015.
Hector Lujan, . rman
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 6th day of May 2015,
by the following vote, to wit:
AYES:
COMMISSIONERS:
Lujan, Flores, Morales, Rodriguez and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Llt44 &Wlorok
Mary vanagh, Secr Lary
City Planning Commission
PLN -15 -00048 — 12145 Paramount Blvd
May 6, 2015 - Page 2
Resolution No. 15 -2918
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -15 -00048
(REVISION "A" TO A CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -15 -00048 (CUP) permits the operation of a mixed martial arts
studio (King Cobra MMA) at 12145 Paramount Blvd, 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 PLN -15 -00048 are as follows:
Monday through Thursday: 10:30 a.m. to 1:00 p.m. and 5:00 p.m. to 9:00 p.m.
Friday: 10:30 a.m. to 1:00 p.m. and 3:00 p.m. to 4:30 p.m.
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) Approval of this PLN -15 -00048 (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.
5) 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.
6) All conditions of PLN -13 -00255 (Conditional Use Permit), except Conditions 1, 2 and 5,
shall be complied with before this conditional use permit becomes valid.
7) 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.
8) All signs shall comply with the requirements set forth in the Downey Municipal Code.
PLN -15 -00048 — 12145 Paramount Blvd
May 6, 2015 - Page 3
Resolution No. 15 -2918
Downey Planning Commission
FIRE
9) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
BUILDING
10) The owner /applicant shall obtain all required permits and necessary inspections prior to
beginning operation at the site.
PLN -15 -00048 — 12145 Paramount Blvd
May 6, 2015 - Page 4