HomeMy WebLinkAbout2. PLN-16-00013 Zone Txt Amd Com Rec in Mfr Zns
PLN-16-00013 (Zoning Text Amendment)
February 3, 2016 - Page 2
(1) Provide appropriately located areas consistent with the General Plan for a broad range of
manufacturing and service uses;
(2) Strengthen the City’s economic base, and provide employment opportunities close to home for
residents of the City and surrounding communities;
(3) Minimize the impact of manufacturing uses on adjacent residential and commercial districts.
The Manufacturing Zone provides specific areas in the City for manufacturing, wholesaling and
other forms of industrial activity with the intent of grouping them together to avoid impacts on less
intensive uses of land in other zone classifications. The Zoning Code provides two zoning
classifications for industrial properties in Downey, M-1 (Light Manufacturing) and M-2 (General
Manufacturing). Section 9318 of the Code describes the purpose of each:
(b) Purpose of the M-1 Zone. The M-1 Zone is intended to provide an orderly development and
grouping together of light manufacturing uses in harmony with each other and the rest of the
community. The provisions of this zone are designed to ensure that such uses will be
protected from inharmonious uses and to minimize the undesirable effects of heavy traffic or
other operating characteristics.
(c) Purpose of the M-2 Zone. The M-2 Zone is intended to provide for the orderly development
of general manufacturing, research and development, wholesale and distribution,
warehousing, and other compatible uses within the community. The provisions of this zone
are intended to ensure that industrial development will be protected from intrusion by
inharmonious uses that it will be provided with adequate space and accessory facilities, and
that abutting nonindustrial areas will be protected from potential conflicts with industrial
development.”
The proposed zoning text amendment would change the manufacturing zone use regulations to
include commercial recreation among the uses allowed in these zones. The Downey Zoning Code
does not include commercial recreation uses in the manufacturing zones due to the intent of zoning
as stated above, which is to separate incompatible land uses. Downey Municipal Code Section 9126
defines commercial recreation as:
“Commercial Recreation: Includes, but is not limited to, theaters, sports stadiums
and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors,
ice/roller skating rinks, golf courses, miniature golf courses, model courses,
shooting galleries, tennis and racquetball courts, amusement centers or arcades,
martial arts studios, dance studios and health and fitness clubs, or facilities
equipped and used for sports training and conditioning. Excludes adult
entertainment facilities.”
Agenda Page 2
PLN-16-00013 (Zoning Text Amendment)
February 3, 2016 - Page 3
Commercial recreation uses in Downey are allowed in the C-2 (General Commercial), C-3
(Community Commercial), and C-M (Commercial Manufacturing) zones with a conditional use permit.
The C-2 and C-3 zones are intended to provide areas for the development of commercial goods and
services. The C-M zones in Downey share this purpose, while also providing areas for wholesale and
light manufacturing uses. However, commercial recreation uses have not been allowed in the
manufacturing zones because they are thought to be less intense land uses than typical industrial
uses, which would make their patrons and employees susceptible to manufacturing noise, truck
vibration, truck traffic, odors, and hazardous materials if they are in close proximity. Nevertheless, the
City Council is aware that many cities find their manufacturing zones to be appropriate areas for
dance studios and feels Downey should consider doing so as well.
Staff conducted a survey of local cities, including Downey, to determine how they regulate dance
studios. (See Exhibit A). The primary impetus for change in Downey is to allow dance studios in the
manufacturing zones; therefore, the survey determined if other cities allow dance studios in their
manufacturing zones and if dance studios are considered as permitted uses or conditional uses. The
survey revealed a number of things:
1. Of the seventeen cities surveyed, six (6) allow dance studios in the M-1 or M-2 Zone.
2. Four of the cities surveyed require the approval of a conditional use permit to operate a dance studio
in its manufacturing zones, while two other cities require an administrative permit or site plan review.
3. Cities group dance studios under broad use classifications such as Athletic Studio, Commercial
Schools, and Instructional Facility.
Over the years, the nature of manufacturing zones and industrial uses has changed. Due to
economic forces, environmental laws and effective planning practices it has become rare for cities
in California to have the intense manufacturing uses formerly associated with heavy industry, which
involved the production of products such as iron, coal and ships, or caused disruption to the
environment in the form of pollution. Consequently, modern industrial areas are often characterized
by warehousing, distribution, offices, metal fabrication, and a variety of services. In response to this
trend, many cities have recognized that certain uses, such as batting cages, party venues for
children that feature inflatable jumpers, and fitness centers, are not impacted by uses found in
today’s manufacturing zones. Therefore, cities are allowing them to locate in M-1 and M-2 zones.
Recognizing this tendency in land use regulation in other cities, the Downey City Council initiated a
zone text amendment to Section 9318.04 of the Downey Municipal Code to allow dance studios in the
M-1 and M-2 zones of Downey. The proposed zone text amendment will amend Downey Municipal
Code Section 9126 by adding an additional definition for commercial recreation, entitled “Commercial
Recreation (Manufacturing Zones Only). This definition differs from the definition for commercial
recreation because it does not include theaters, sports stadiums and arenas, amusement parks,
bowling alleys, billiard parlors, bingo parlors, golf courses, and miniature golf courses among the uses
allowed in manufacturing zones. Those uses are larger and require significant land area to
accommodate the numbers of people, structures and equipment associated with them. Locating them
in the manufacturing zones could result in the elimination of land areas intended for industrial uses.
These areas are essential to Downey’s economy. The proposed zone text amendment to define
commercial recreation for manufacturing zones reads as follows:
Agenda Page 3
PLN-16-00013 (Zoning Text Amendment)
February 3, 2016 - Page 4
“Commercial Recreation (Manufacturing Zones Only): Includes, but is not
limited to, ice/roller skating rinks, model courses, shooting galleries, tennis and
racquetball courts, amusement centers or arcades, martial arts studios, dance
studios and health and fitness clubs, or facilities equipped and used for sports
training and conditioning. Excludes adult entertainment facilities.”
The zone text amendment will also will change Table 9.3.9 (Manufacturing Zone Use Regulations)
by including “Commercial Recreation” among the Other Uses allowed in Manufacturing Zones,
subject to the definition for commercial recreation for manufacturing zones only and subject to the
approval of a conditional use permit. This will allow the City to verify the appropriateness of a use at
a particular location and will allow the Planning Commission to apply conditions of approval to
ensure that the commercial recreation uses are not impacted by other types of uses in the zone
negatively.
ENVIRONMENTAL ANALYSIS
Pursuant to State CEQA Guidelines Section 15378(a), this zone text amendment is exempt from
the requirements of the California Environmental Quality Act (CEQA) in that it is not a “Project” as
defined by CEQA. This zone text amendment is further exempt from environmental review pursuant
to the “general rule” at State CEQA Guidelines Section 15061(b)(3) because it can be seen with
certainty that there is no possibility that it may have a significant effect on the environment.
FINDINGS
A. That the requested amendment is necessary and desirable for the development of the
community and is in the interests of furtherance of the public health, safety, and general
welfare.
The proposed zone text amendment will allow commercial recreation uses, such as dance
studios, in the Downey’s Manufacturing Zone, subject to the approval of a conditional use
permit. The zoning text amendment recognizes a land use regulation trend in other cities that
allows dance studios in their manufacturing zones because modern industrial areas do not
generate the potentially harmful environmental effects associated with heavy industrial uses
that no longer exist. Consequently, the requested amendment recognizes that certain uses,
such as batting cages, party venues for children that feature inflatable jumpers, fitness centers,
and dance studios are not impacted by uses found in today’s manufacturing zones.
B. The proposed amendment is in general conformance with the General Plan.
The General Plan, Downey Vision 2025, serves as a guide to address the long-term physical
development and growth of the community. It identifies issues confronting the community and
outlines goals to address them, with policies and programs to accomplish the goals of the plan.
The Land Use Chapter of the General Plan establishes the policies for determining where
certain land uses, such as residential, commercial, and industrial, are most desirable. Issue 1.3
of the General Plan recognizes that Downey is a mature community experiencing significant
change. Addressing the changes taking place in Downey is challenging because of the age of
the community, the age of its structures and infrastructure, land use patterns, and incompatible
land uses. The General Plan recognizes that as properties are developed, it is important to
resolve inconsistencies among the zoning, general plan, and land use of properties.
Agenda Page 4
PLN-16-00013 (Zoning Text Amendment)
February 3, 2016 - Page 5
Consequently, the General Plan Goal 1.3 entitled “Address changes in land use and zoning
trends” includes policies and programs geared to adjust the City’s codes and policies and
regulations in response to changes in land use trends. As such, the proposed zoning text
amendment recognizes the change in manufacturing uses and allows for additional uses to
locate within the M-1 and M-2 zones. Also, General Plan Program 1.1.5.3 entitled, “Promote
recreation and employment uses that serve needs of the public” recognizes that it is just as
important for the community to engage in leisure, play and recreation activities as it is to
provide opportunities to engage in work. The proposed zoning text amendment will provide
additional venues for Downey residents to engage in recreation.
CORRESPONDENCE
As of the date that this report was prepared, staff has not received any correspondence regarding
this matter.
CONCLUSION
Staff recommends that the Planning Commission recommend that the City Council approve the
Zone Text Amendment to allow commercial recreation uses in the M-1 (Light Manufacturing) and
M-2 (General Manufacturing) Zones.
Agenda Page 5
RESOLUTION NO. 16- _____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE A ZONING
TEXT AMENDMENT TO SECTION 9318.04 OF THE DOWNEY MUNICIPAL
CODE REGARDING COMMERCIAL RECREATION USES IN
MANUFACTURING ZONES
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. On November 24, 2015, the City Council of the City of Downey directed City Staff
to prepare a zone text amendment that would permit dance studios in the M-1
(Light Manufacturing) and M-2 (General Manufacturing) zones upon approval of a
conditional use permit; and
B. The Planning Commission held a duly-noticed public hearing on February 3, 2016,
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No.16-______,
recommending approval to the City Council.
SECTION 2. Having considered all of the oral and written evidence presented to it at said
public hearing, the Planning Commission further finds, determines and declares that:
A. The proposed zone text amendment will allow commercial recreation uses, such as
dance studios, in the Downey’s Manufacturing Zone, subject to the approval of a
conditional use permit. The zoning text amendment recognizes a land use
regulation trend in other cities that allows dance studios in their manufacturing
zones because modern industrial areas do not generate the potentially harmful
environmental effects associated with heavy industrial uses that no longer exist.
Consequently, the requested amendment recognizes that certain uses, such as
batting cages, party venues for children that feature inflatable jumpers, fitness
centers, and dance studios are not impacted by uses found in today’s
manufacturing zones.
B. The General Plan, Downey Vision 2025, serves as a guide to address the long-
term physical development and growth of the community. It identifies issues
confronting the community and outlines goals to address them, with policies and
programs to accomplish the goals of the plan. The Land Use Chapter of the
General Plan establishes the policies for determining where certain land uses,
such as residential, commercial, and industrial, are most desirable. Issue 1.3 of the
General Plan recognizes that Downey is a mature community experiencing
significant change. Addressing the changes taking place in Downey is challenging
because of the age of the community, the age of its structures and infrastructure,
land use patterns, and incompatible land uses. The General Plan recognizes that
as properties are developed, it is important to resolve inconsistencies among the
zoning, general plan, and land use of properties. Consequently, the General Plan
Goal 1.3 entitled “Address changes in land use and zoning trends” includes
policies and programs geared to adjust the City’s codes and policies and
regulations in response to changes in land use trends. As such, the proposed
Agenda Page 6
Resolution No.
Planning Commission
Zone Text Amendment PLN–16-00013
Page 2
zoning text amendment recognizes the change in manufacturing uses and allows
for additional uses to locate within the M-1 and M-2 zones. Also, General Plan
Program 1.1.5.3 entitled, “Promote recreation and employment uses that serve
needs of the public” recognizes that it is just as important for the community to
engage in leisure, play and recreation activities as it is to provide opportunities to
engage in work. The proposed zoning text amendment will provide additional
venues for Downey residents to engage in recreation.
SECTION 3. The Planning Commission recommends that the City Council amend Section
9126 (“C” DEFINITIONS) of Article IX of the Downey Municipal Code to add the following
definition:
“Commercial Recreation (Manufacturing Zones Only): Includes, but
is not limited to, ice/roller skating rinks, model courses, shooting
galleries, tennis and racquetball courts, amusement centers or
arcades, martial arts studios, dance studios and health and fitness
clubs, or facilities equipped and used for sports training and
conditioning. Excludes adult entertainment facilities.”
SECTION 4. The Planning Commission further recommends that the City Council amend
Section 9318 (MANUFACTURING ZONES) of Article IX of the Downey Municipal Code,
specifically Table 9.3.9 (Manufacturing Zones Use Regulations) by including “Commercial
Recreation (Manufacturing Zones Only)” among the Other Uses allowed in Manufacturing
Zones, subject to the approval of a conditional use permit, as follows:
Agenda Page 7
Resolution No.
Planning Commission
Zone Text Amendment PLN–16-00013
Page 3
Use M-1 M-2 Notes and Exceptions
Other Uses
Ambulance service C C
Audio and video recording studios P P
Automobile tow storage yards C C Includes impound yards
Auto wrecking yards NP C
Blast furnaces NP C
Boiler shops or services NP C
Commercial Recreation (Manufacturing
Zones Only)
C C As defined in Section 9126
Drop hammers NP C
Utility distribution stations P P Includes transmission substations
Electrical generating stations NP C Includes transmission substations, energy support
facilities, fuel cells, microwave radio stations
Fabrication requiring semi-open operations NP C
Fireworks stands P P
Forges and foundries NP C
Granite and marble grinding NP C
Humane society (pounds) P P
Junk yards NP C
Lumber mills NP C
Materials recovery facilities NP C For waste sorting and processing
Motion picture production P P
Parking – surface and structure P P
Public utilities C C
Punch presses NP C
Recycling processing center NP C
Sandblasting plants NP C
Small wind energy systems C C
Television and radio stations P P
Wireless communication facilities C C Subject to Section 9426
Agenda Page 8
Resolution No.
Planning Commission
Zone Text Amendment PLN–16-00013
Page 4
SECTION 5. Pursuant to State CEQA Guidelines Section 15378(a), this zone text
amendment is exempt from the requirements of the California Environmental Quality Act
(CEQA) in that it is not a “Project” as defined by CEQA. This zone text amendment is
further exempt from environmental review pursuant to the “general rule” at State CEQA
Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that it may have a significant effect on the environment.
The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this ___ day of _________, 2016.
Matias Flores, 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 ___
day of ________, 2016, by the following vote, to wit:
AYES; COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 9
EXHIBIT A
SURVEY OF CITIES REGARDING THE ALLOWANCE OF DANCE STUDIOS IN
MANUFACTURING ZONES
City Dance Studios Allowed in
Manufacturing Zone (Yes/No) Permitted Use or CUP Notes
Santa Fe
Springs
Yes
CUP
Commerce No
Paramount No
Chino No
Cerritos No
Lakewood No
Walnut Yes CUP
Huntington
Beach Yes - Requires an
Administrative permit
Norwalk No
Bellflower No
Pico Rivera No
Bell Gardens No
Whittier No
Fullerton
Yes
Dance Studio requires
Minor Site Plan Review
(for “Instructional Facility”)
Artesia Yes CUP Defined as an
“Athletic Studio”
La Habra Yes CUP Defined as
“Commercial Schools”
Agenda Page 10