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Home My WebLink AboutPC Resolution 15-2928RESOLUTION NO. 15 -2928 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -14- 00256), THEREBY ALLOWING THE OPERATION OF A GYM WITHIN A 16,371 SQUARE FOOT TENANT SPACE ON PROPERTY LOCATED AT 9516 LAKEWOOD BLVD, ZONED C -2 (GENERAL COMMERCIAL) AND P -B (PARKING BUFFER) 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. December 22, 2014, the applicant submitted a request for the Conditional Use Permit to establish the gym at the site. Due to missing information on the project plans, staff deemed the application incomplete; and, B. On May 28, 2015, the applicant submitted the remaining information needed to complete the application. Accordingly, staff deemed the application complete on May 29, 2015; and, C. On June 18, 2015, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on July 1, 2015, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed project 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 regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: The requested Conditional Use Permit will not adversely affect the purpose and intent of the Zoning Code or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of General Commercial and the gym is within the C -2 (General Commercial) zone. It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed development will satisfy these needs by providing a new gym to provide those who live and work in the area additional opportunity to work out. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to "Provide an appropriate amount of land area for people to acquire goods and services." A review of the other businesses in the vicinity shows that there are no other gyms in the immediate area. This Conditional Use Permit will provide a new service for the neighborhood, which is not readily available. Resolution No. 15 -2928 Downey Planning Commission 2. 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 subject site is within a fully developed area of the City, with little to no vacant properties in the immediate area. More specifically, the surrounding properties are improved with either residential or commercial developments. The proposed development is designed in a manner that will not affect the ability of the surrounding properties to grow and /or develop. The proposed gym will not expand the building or extend outside the tenant space. Notwithstanding this, several conditions of approval have been included, which will serve to mitigate any potential impacts on the neighboring properties. 3. 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 site is an approximate 3.56 -acre lot. Site improvements have been approved by the Planning Commission as part of the Downey Crossroads project. The proposed gym will not extend outside of the tenant space, thus will not alter the previous approval. Since the project will not extend beyond the confines of the building, this approval will allow the operation of the use in a manner not detrimental to the particular area. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site can be accessed via Lakewood Blvd or Gallatin Rd. As part of the Downey Crossroad project a traffic impact analysis was prepared, which also analyzed traffic created by the proposed gym. Mitigation measures were included in the Crossroads approval to address traffic impacts. Since the traffic impacts were previously mitigated, there will be no undue burden on the streets or highways in the area. 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 Conditional Use Permit (PLN -14- 00256), subject to conditions of approval attached hereto as Exhibit A, 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. 9515 Lakewood Blvd — PLN -14 -00256 July 1, 2015 - Page 2 Resolution No. 15 -2928 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1St day of July 2015, H -ector Lujan, Ch#man City Planning Commmission 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 1St day of July, 2015, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary Cavanagh, Secret "ry City Planning Commisslo 9515 Lakewood Blvd — PLN -14 -00256 July 1, 2015 - Page 3 Resolution No. 15 -2928 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -14- 00256) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit (PLN -14- 00256) allows operation of a gym in a 16,371 square foot tenant space. 2) Approval of this Conditional Use Permit (PLN -14- 00256) 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 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 to attack, review, set aside, void or annul the approval of this resolution, to challenge the approval of this resolution on the basis of the California Environmental Quality Act, or to determine 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. 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) The applicant shall comply with the art in public places requirements set forth in Downey Municipal Code 8950 et seq. This shall include payment of all required fees prior to the issuance of building permits. Should the applicant exercise their right to install public art on site, the public art application (including payment of all deposits) shall be submitted prior to the issuance of building permits. 6) Construction shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday; and 8:00 a.m. to 5:00 p.m., Saturdays. There shall be no construction activity on Sundays. 7) The permitted hours of operation shall be 24 -hours a day, seven (7) days a week. 8) All tenant signs shall comply with the requirements of the City of Downey Municipal Code and any approved Planned Sign Program for the property. 9) The windows shall be kept free and clear to allow visibility through them. Tint is permitted, however the use of blackout tint or mirror tint is prohibited. 10) All uses related to the gym shall be limited to the interior of the tenant space. At no time shall any gym activity take place in the parking lot, landscape areas, walkways, or sidewalks. 9515 Lakewood Blvd — PLN -14 -00256 July 1, 2015 - Page 4 Resolution No. 15 -2928 Downey Planning Commission 10) All uses related to the gym shall be limited to the interior of the tenant space. At no time shall any gym activity take place in the parking lot, landscape areas, walkways, or sidewalks. 11) Noise generated from the gym shall comply with the City of Downey Noise Ordinance at all times. 12) The applicant shall post signs that read, "No parking in this area between the hours of Midnight and 5:00 a.m." in the west parking lot. 13) The west parking lot shall be coned off between the hours of Midnight and 5:00 a.m. Outside of these hours, the cones shall be stored in the building. 14) The applicant shall provide an on -site security guard between the hours of Midnight and 5:00 a.m. the security guard shall patrol the parking lot areas. BUILDING 15) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey, and Title 24 of the California Energy Code. 16) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. FIRE DEPARTMENT 17) Plans to be submitted through Building and Safety and shall comply with the most recent version or the California Fire Code, as adopted by the City of Downey; current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. 9515 Lakewood Blvd — PLN -14 -00256 July 1, 2015 - Page 5