HomeMy WebLinkAboutPC Resolution 15-2938RESOLUTION NO. 15 -2938
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -14- 00107, A CONDITIONAL USE PERMIT TO OPERATE A
FITNESS AND NUTRITION STUDIO (COMMERCIAL RECREATION) ON PROPERTY
LOCATED AT 8813 IMPERIAL HIGHWAY, 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. On July 29, 2015 the applicant, Ellis White Jr., submitted a Land Use Permit
Application (hereinafter referred to as PLN -15- 00163) seeking approval of a
conditional use permit to operate a fitness and nutrition center within an existing
two - tenant building located at 8813 Imperial Highway in Downey.
B. The subject property is zoned C -2 (General Commercial) with a land use
designation GC (General Commercial).
C. On August 28, 2015, staff deemed the application complete, thus allowing it to be
scheduled for a public hearing.
D. On September 3, 2015, notice of the pending public hearing was published in the
Downey Patriot and was sent to all property owners within 500' of the subject
site.
E. The Planning Commission held a duly noticed public hearing on September 16,
2015, and after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted this resolution, subject
to 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 hearing, the Planning Commission further finds, determines and declares that:
1. 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 requested conditional use permit will be compatible with the development
patterns in the area and the scale is small enough that it will not impact nearby
uses. However, 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
Resolution No. 15 -2938
Downey Planning Commission
on sensitive land uses. As such, conditions of approval have been prepared to
address potential noise impacts.
2. 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 buildings on the subject site exist and the main entrance is
oriented towards Imperial Highway. Although the fitness and nutrition center
could create a noise impact, 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.
3. 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.
Two buildings comprise the 1.22 acre subject site; the most easterly building,
where the fitness and nutrition center is proposed, houses two tenant spaces and
is comprised of 4,201 sq. ft., while the most westerly building is comprised of
4,030 sq. ft. The property has a frontage of 147.51 feet on Imperial Highway and
a depth of 359.9 feet. The existing buildings have been designed to
accommodate general commercial, professional office and personal
improvement uses in conjunction to one another. The site provides 91 off - street
parking spaces, which represents a sufficient amount of parking spaces to
accommodate the proposed fitness studio being that the use requires nine
parking spaces, which is less than what is required for a general commercial use
in the C -2 (General Commercial) zone. As such, the existing site size and shape
is adequate to allow for the full development of the proposed fitness studio.
4. 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
Imperial Highway as a major arterial. Figure 2.1 -2 - Existing Traffic Volumes,
shows that between Lakewood Boulevard and Brookshire Avenue, the existing
Average Daily Traffic (ADT) volume is approximately 34,100 Vehicles Per Day
(VPD) and the adopted capacity as shown in Figure 2.1 -3 - Projected Traffic
Volumes, is 46,600 VPD demonstrating that Imperial Highway has sufficient
capacity to absorb any additional traffic the requested fitness and nutrition center
use may create.
SECTION 4. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN -15 -00163
(Conditional Use Permit), subject to the Conditions Of Approval attached hereto as Exhibit A,
which are necessary to preserve the health, safety and general welfare of the community and
PLN -15 -00163 (Conditional Use Permit) — 8813 Imperial Highway
September 16, 2015 - Page 2
Resolution No. 15 -2938
Downey Planning Commission
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 16th day of September 2015.
ector L an, Vairman
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 16th day of
September 2015by the following vote, to wit:
AYES:
COMMISSIONERS:
Lujan,
Morales, Rodriguez and Owens
ABSENT:
'COMMISSIONERS:
Flores
ABSTAIN:
COMMISSIONERS:
None
NOES:
COMMISSIONERS:
None
Mary Cavanagh, Secrets
City Planning Commission
PLN -15 -00163 (Conditional Use Permit) — 8813 Imperial Highway
September 16, 2015 - Page 3
Resolution No. 15 -2938
Downey Planning Commission
EXHIBIT A — CONDITIONS OF APPROVAL
PLN -15 -00163 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -15 -00163 (Conditional Use Permit) authorizes the use of 8813
Imperial Highway as a 2,560 sq. ft. fitness and nutrition center (commercial recreation).
2) Approval of this 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.
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) The owner /applicant shall comply with all conditions of approval for PLN -15 -00163
(Conditional Use Permit) before the Conditional Use Permit becomes valid.
5) The owner /applicant shall comply with all City of Downey noise regulations. In any case,
noise shall not exceed 65 dBA, as measured at the property line. Should any noise
complaints be formally submitted to the City, the applicant /owner shall be responsible to
hire a noise consultant to measure the dBA during use, and provide the evidence to the
City Planner that said use does not exceed 65 dBA.
6) The owner /applicant shall not permit any loitering on the property.
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 fitness and nutrition center activities shall be conducted within the building.
9) The exterior doors, located on the south (front) and north (rear) fagade of the tenant
space, shall remain closed at all times, except for ingress /egress purposes and to permit
emergency access.
PLN -15 -00163 (Conditional Use Permit) — 8813 Imperial Highway
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Resolution No. 15 -2938
Downey Planning Commission
BUILDING
10) All construction shall comply with the 2013 California Building Code and Title 24 of the
California Energy Code.
11) The owner /applicant shall comply with American Disabilities Act (ADA) standards.
12) Prior to the commencement of any construction, the owner /applicant shall obtain all
required permits. Additionally, the owner /applicant shall obtain all necessary inspections
and permit finals prior to beginning operation of the site.
13) Occupancy loads shall be posted and comply with the 2013 California Building Code.
FIRE
14) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire
extinguishers to the satisfaction of the Fire Department.
PUBLIC WORKS
15) The owner /applicant shall obtain all necessary plan approvals and permits and shall
provide that the standards of improvements, construction materials and methods of
construction shall be in conformance with the Standard Plans and Specifications for
Public Works Construction and as modified by the City of Downey's Standards Plans
and Specifications.
16) The owner /applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES) requirements of the Federal Clean Water Act, the General
Construction Activities Stormwater Permit (GCASP) of the State Water Resources
Control Board, and Ordinance 1142 of the Downey Municipal Code (DMC) for all onsite
construction. Furthermore, the owner /applicant shall and is required to certify and
append Public Works standards as required by the IACoDPW Stormwater Quality
Management Plan (SQMP).
PLN -15 -00163 (Conditional Use Permit) — 8813 Imperial Highway
September 16, 2015 - Page 5