HomeMy WebLinkAboutPC Resolution 16-2986RESOLUTION NO. 16 -2986
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -16- 00093- A REQUEST FOR APPROVAL OF A CONDITIONAL
USE PERMIT TO ALLOW A YOUTH DANCE CENTER AND A FITNESS CLUB ON
PROPERTY LOCATED AT 11711 WOODRUFF AVENUE, AND ZONED M -2
(GENERAL MANUFACTURING) 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. On April 13, 2016, the Applicant, Elizabeth Gomez, submitted a Land Use Permit
Application (hereinafter referred to as PLN -16- 00093) seeking approval of a
conditional use permit to establish a dance studio and a fitness club at 11711
Woodruff Avenue, in Downey.
B. The subject property is zoned M -2 (General Manufacturing) and P -B (Parking
Buffer).
C. On May 10, 2016, staff deemed the application complete, thus allowing it to be
scheduled for a public hearing.
D. On May 20, 2016, notice of the pending public hearing was published in the
Downey Patriot was sent to all property owners within 500' of the subject site.
E. The Planning Commission held a duly noticed public hearing on June 1, 2016
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. 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.
PLN -16 -00093 involves a proposal to utilize an office building as a dance studio
and a fitness club on property that is zoned M -2 (General Manufacturing) and P-
B (Parking Buffer). General Plan Program 1.1.5.3 entitled, "Promote recreation
and employment uses that serve needs of the public" recognizes how important it
is for the community to engage in leisure, play and recreation activities. The
proposed conditional use permit will provide an additional venue for Downey
residents to engage in recreation. The requested use will be compatible with the
development patterns in the area since the office building has existed at this
location for more than fifty years with all of the developments surrounding it. The
Resolution No. 16 -2986
Downey Planning Commission
scale of the proposed dance center is small enough that it will not impact nearby
uses. The subject site exists in an area with various manufacturing and
warehousing uses. Although dance studios produce loud music, sound
generated by the requested use is not sufficient to impact adjacent uses.
B. 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 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
office building has existed at 11711 Woodruff Avenue since the 1950's. The
requested use will not affect neighboring land uses, which include various
manufacturing or industrial uses such as an auto body repair center, a large
warehousing facility, a plumbing supply distributor, a small warehouse, and
residential developments in the area northeast of the subject property, because
these uses have co- existed with the office building for decades.
C. 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.
The subject property comprises 39,038 square feet (0.90 acre) of land. It is fully
developed with a 15,678 square foot two -story office building and with 52 off -
street parking spaces distributed along the north, east and south sides of the
building.
D. 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. Woodruff Avenue and Hall Road serve the
site. Woodruff Avenue is classified as a Primary Arterial on the City's Master Plan
of Streets and Highways, and Hall Road is classified as a Collector Street. The
volume of traffic that the dance studio generates will not burden the streets.
Woodruff Avenue provides four lanes, two in each direction. It currently handles
truck traffic over 31,000 vehicle trips per day. Woodruff Avenue 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 4 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN -16 -00093
(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 -16 -00093 (Conditional Use Permit) — 11711 Woodruff Avenue
June 1, 2016 - Page 2
Resolution No. 16 -2986
Downey Planning Commission
APPROVED AND ADOPTED this 1st day of June 2016.
Matias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Planning Commission of the City of Downey at a meeting held on the 1St day of June, 2016.
AYES:
COMMISSIONERS:
Flores, Rodriguez, Morales, Lujan and Owens
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
Mary C anagh, Secretary
City Planning Commission
PLN -16 -00093 (Conditional Use Permit) — 11711 Woodruff Avenue
June 1, 2016 - Page 3
Resolution No. 16 -2986
Downey Planning Commission
EXHIBIT A — CONDITIONS OF APPROVAL
PLN -16 -00093 (CONDITIONAL USE PERMIT)
PLANNING
1) This approval of PLN -16 -00093 (Conditional Use Permit) an office building to be used as
a dance studio and a fitness club on property located at 11711 Woodruff Avenue, as
shown on the approved plans dated, June 1, 2016. Deviations or exceptions from this
plan shall not be permitted without the approval of the City Planning Commission.
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) All conditions of approval for PLN -14 -00064 (Conditional Use Permit) shall be complied
with before the Conditional Use Permit becomes valid.
5) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
Should any noise complaints be formally submitted to the Police Department/ Code
Enforcement, 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 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.
7) All developments in excess of $500,000.00 valuation that involve the construction or
reconstruction of commercial uses shall be subject to the Public Arts Program. The
Applicant shall either install public art on the property or pay a cash payment, not to
exceed one hundred and fifty thousand dollars ($150,000.000), equal to the public arts
fee in accordance with the City of Downey Manual for Art in Public Places.
8) The owner /applicant shall not permit any loitering on the property.
PLN -16 -00093 (Conditional Use Permit) —11711 Woodruff Avenue
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Resolution No. 16 -2986
Downey Planning Commission
9) All landscaping on the subject property shall be maintained in a neat, healthy, and
attractive condition.
10) All signs shall adhere to the Downey Zoning Ordinance Sign Code standards and
regulations for properties in the M -1 and M -2 zones.
11) All activities associated with the dance studio and fitness club shall be conducted
indoors.
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 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.
16) Building plans for the proposed use shall label the use of each room of the building.
17) The Applicant shall provide structural information for the building's change of occupancy.
18) A licensed professional shall prepare the plans for the interior alteration of the building
needed for the occupancy change
19) The Applicant shall provide three (3) accessible parking spaces for the use.
FIRE
20) The Applicant shall comply with the Fire Code for the change of occupancy.
21) The Applicant shall provide a fire alarm
PUBLIC WORKS
22) 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.
23) 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
PLN -16 -00093 (Conditional Use Permit) — 11711 Woodruff Avenue
June 1, 2016 - Page 5
Resolution No. 16 -2986
Downey Planning Commission
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).
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June 1, 2016 - Page 6