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HomeMy WebLinkAboutPC Resolution 15-2949RESOLUTION NO. 15 -2949 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -15- 00176, THERBY APPROVING A CONDITIONAL USE PERMIT (CUP) TO OPERATE A MARTIAL ARTS CENTER (COMMERCIAL RECREATION) AT 9948 LAKEWOOD 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. On August 20, 2015 the applicant, Carlos Macias submitted a Land Use Permit Application (hereinafter referred to as PLN -15- 00176) seeking approval of a conditional use permit to operate a martial arts studio (commercial recreation) within an existing multi- tenant building located at 9948 Lakewood Blvd. in Downey. B. The subject property is zoned C -2 (General Commercial) with a land use designation GC (General Commercial). C. On September 17, 2015, staff deemed the application complete, thus allowing it to be scheduled for a public hearing. D. On October 22, 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 November 4, 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: A. The requested Conditional Use Permit will not adversely affect the purpose and intent of this chapter 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 Resolution No. 15 -2949 Downey Planning Commission Downey General Plan, Vision 2025, established a goal to minimize noise impacts on sensitive land uses. As such, a condition of approval has been prepared to address potential noise impacts. Furthermore, this approval will provide a convenience to persons working and residing in the area since they will not need to travel outside of the area to obtain this service. As such, the proposed use will be consistent with General Plan Policy 1.1.1 and will provide a public convenience. B. 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 in a fully developed area of the City, with little to no vacant properties in the immediate area. Inasmuch as the proposed use will occupy existing tenant spaces (no additions to the building are being proposed), this use will not prevent surrounding properties from being developed /redeveloped. Notwithstanding this, several conditions of approval have been incorporated to prevent the use from being a burden onto others; these conditions are necessary to avoid any adverse effects on the adjoining properties. C. 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 proposed use will be contained within existing tenant spaces and which does not require an expansion of the building. The martial arts studio will not impact the existing uses on the site or other properties in the area. As such, the subject has sufficient shape and size to accommodate the proposed use. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Access to the subject site is from Lakewood Blvd, a primary arterial street in the City. Staff has reviewed the proposal and any potential increase in traffic caused by operation of the business, and surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. 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 -00176 (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 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 -00176 (Conditional Use Permit) — 9948 Lakewood Blvd. November 4, 2015 - Page 2 Resolution No. 15 -2949 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of November 2015. ctor L j , 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 4th day of November 2015 by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens ABSENT: COMMISSIONERS: None ABSTAIN: ,_COMMISSIONERS: None NOES: COMMISSIONERS: None Mary C vanagh, Secre ry City Planning Commission PLN -15 -00176 (Conditional Use Permit) — 9948 Lakewood Blvd_ November 4, 2015 - Page 3 Resolution No. 15 -2949 Downey Planning Commission EXHIBIT A — CONDITIONS OF APPROVAL PLN -15 -00176 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN -15 -00176 (Conditional Use Permit) authorizes the use of 9948 Lakewood Blvd. as a 1,230 sq. ft. martial arts studio (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 -00176 (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 martial arts studio activities shall be conducted within the building. 9) All exterior doors shall remain closed at all times, except for ingress /egress purposes and to permit emergency access. 10) The owner /applicant shall not permit any loitering on the property. PLN -15 -00176 (Conditional Use Permit) — 9948 Lakewood Blvd. November 4, 2015 - Page 4 Resolution No. 15 -2949 Downey Planning Commission 11) Hours of operation are as follows: • Monday through Friday: 7:00 a.m. to 9:00 p.m. • Saturday: 9:00 a.m. to 2:00 p.m. • Sunday: Closed BUILDING 12) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 13) The owner /applicant shall comply with American Disabilities Act (ADA) standards. 14) 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. 15) Occupancy loads shall be posted and comply with the 2013 California Building Code. FIRE 16) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire extinguishers to the satisfaction of the Fire Department. PUBLIC WORKS 17) 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. 18) 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 LACoDPW Stormwater Quality Management Plan (SQMP). PLN -15 -00176 (Conditional Use Permit) — 9948 Lakewood Blvd. November 4, 2015 - Page 5