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HomeMy WebLinkAbout1. PLN-16-00148 - 8036 Third StSTAFF REPORT PLANNING DIVISION DATE: JULY 20, 2016 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER PREPARED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER SUBJECT: PLN-16-00148 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A YOGA STUDIO IN AN EXISTING 1,870 SQUARE FOOT TENANT SPACE. LOCATION: 8036 THIRD STREET, SUITE 104 ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) REPORT SUMMARY The applicant is proposing to lease an existing 1,870 square foot tenant space in an existing multi-tenant building in order to operate a yoga studio within said space. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-16-00148) TO ALLOW THE OPERATION OF A YOGA STUDIO ON PROPERTY LOCATED AT 8036 THIRD STREET, SUITE 104, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP). BACKGROUND The subject site is an approximate 53,000 square foot irregular shaped parcel that is located on the west side of Myrtle Street and extends from Third Street south to Second Street. The subject site is improved with three multi-tenant buildings. The northernmost building is 7,889 square feet, the central building is 4,124 square feet, and the southernmost building is 8,570 square feet. There are 59 parking spaces, which are distributed along the west side of all three buildings and can be accessed from either Third Street or Second Street. This property has a General Plan Land Use Designation of Mixed Use and is within the Downtown Residential District of the Downtown Downey Specific Plan. Agenda Page 1 8036 Third St. – PLN-16-00148 June 20, 2016 - Page 2 View of Tenant Space from Third Street Surrounding properties are all within the Downtown Downey Specific Plan. Uses include a day- care center and single-family homes to the north, a dental office to the east, a restaurant to the west, and assisted living facility to the south. On June 8, 2016, the applicant (Jovon Bernal) submitted a request for a Conditional Use Permit to operate a yoga studio at the subject site. Staff completed a review of the request on July 5, 2016, at which time staff deemed the application complete. A notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site on July 7, 2016. DISCUSSION The applicant is proposing to utilize a 1,870 square foot tenant space on the northwest corner of the building. This tenant space is currently occupied a personal training business (Winning Image), which will vacate the site prior to the applicant being able to commence business. Primary access to the tenant space will be through a door facing Third Street. The applicant will divide the space into a reception area and the yoga studio. Amplified sound is proposed within the yoga studio; however, staff is not concerned about this creating an impact since loud sounds are not typically associated with yoga. Notwithstanding this, staff is recommending a condition of approval that all doors for the tenant space be kept closed during the use of the amplified sound system. Agenda Page 2 8036 Third St. – PLN-16-00148 June 20, 2016 - Page 3 Hours of operation will be from 6:00 a.m. to 9:00 p.m., seven (7) days a week. Classes are not anticipated to exceed 30 students per class and will last from one-hour to one-hour and 15 minutes in length. A copy of the preliminary class schedule is attached to this report. DEVELOPMENT REVIEW COMMITTEE On June 16, 2016, the application was reviewed by the City’s Development Review Committee. Other than ensuring that all tenant improvements comply with the building and fire codes, no impacts or issues were identified with this project. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Class 1 consists of projects that involve no or negligible expansion of the existing use. The proposed yoga studio will occupy an existing tenant space, thus is not considered an expansion of use. FINDINGS Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving a Conditional Use Permit. A discussion of the findings follows: 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 subject site has a General Plan Land Use Designation of Mixed Use and is within the Downtown Downey Specific Plan – Downtown Residential District. It is the intent of the mixed-use designation to provide a variety of uses within close proximity to each other. This includes retail, restaurants, residential, and residential serving needs (such as exercise facilities) within a pedestrian oriented environment. Staff is of the opinion that the proposed yoga studio provides a needed use within close proximity to residential uses. Staff is of the further opinion that uses like the yoga studio will serve the needs of those who live and work in Downtown Downey, particularly as the downtown continues to grow with the addition of new homes and businesses. As such, staff feels that this finding can be adopted. 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 an existing tenant space (no additions to the building are being proposed), staff is of the opinion that this Agenda Page 3 8036 Third St. – PLN-16-00148 June 20, 2016 - Page 4 use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, staff has proposed several conditions of approval to prevent the use from being a burden onto others. Staff believes that these conditions are necessary to avoid any adverse effects on the adjoining properties. As such, staff feels that this finding can be adopted. 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 an existing tenant space and does not require an expansion of the building. Even though tenant improvements are being proposed, it is staff’s belief that these improvements will not impact the existing uses on the site or other properties in the area. As such, staff believes that the subject site has sufficient shape and size to accommodate the proposed use and that this finding can be adopted. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is within the downtown area of the city. Staff has reviewed the proposal and any potential increase in traffic caused by operation of the business. It is staff’s opinion that the surrounding streets and highways in the area have sufficient capacity to accommodate the minimal increase in traffic that might be generated by the business. As such, staff believes that this finding can be adopted. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding the request. CONCLUSION Based on the analysis contained within this report, staff is concluding that the proposed yoga studio will not have an adverse impact on neighboring uses and properties. Staff is further concluding that all of the required findings for the Conditional Use Permit can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Conditional Use Permit (PLN-16-00148), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Draft Resolution C. Tentative Class Schedule D. Project Plans Agenda Page 4 8036 Third St. – PLN-16-00148 June 20, 2016 - Page 5 MAPS Location Agenda Page 5 8036 Third St. – PLN-16-00148 June 20, 2016 - Page 6 Aerial Photograph Zoning Subject Site Subject Site Agenda Page 6 RESOLUTION NO. __________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-16-00148) TO ALLOW THE OPERATION OF A YOGA STUDIO ON PROPERTY LOCATED AT 8036 THIRD STREET, SUITE 104, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP) 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 June 8, 2016, the applicant (Jovon Bernal) submitted a request for a Conditional Use Permit to operate a yoga studio at the subject site; and, B. On July 5, 2016, after completing a review of the submitted material, staff deemed the application complete; and, C. On July 7, 2016, 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 20, 2016, 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: 1. 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 Mixed Use and is within the Downtown Downey Specific Plan – Downtown Residential District. It is the intent of the mixed-use designation to provide a variety of uses within close proximity to each other. This includes retail, restaurants, residential, and residential serving needs (such as exercise facilities) within a pedestrian oriented environment. The yoga studio provides a needed use within close proximity to residential uses. The yoga studio will also serve the needs of those who live and work in Downtown Downey, particularly as the downtown continues to grow with the addition of new homes and businesses 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 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 an existing tenant space (no additions to the Agenda Page 7 Resolution No. ___________ Downey Planning Commission 8036 Third St. – PLN-16-00148 June 20, 2016 - Page 2 building are being proposed), this use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, several conditions of approval have been included with this resolution to prevent the use from being a burden onto others. These conditions are necessary to avoid any adverse effects on the adjoining 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 proposed use will be contained within an existing tenant space and does not require an expansion of the building. Even though tenant improvements are being proposed, these improvements will not impact the existing uses on the site or other properties in the area. As such, the subject site has sufficient shape and size to accommodate the proposed use and that this finding can be adopted. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The City has reviewed the proposal and any potential increase in traffic caused by operation of the business. It has been found that the 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 3 of this resolution, the Planning Commission of the City of Downey hereby approves Conditional Use Permit (PLN-16-00148), 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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of July, 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 20th day of July, 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 8 Resolution No. ___________ Downey Planning Commission 8036 Third St. – PLN-16-00148 June 20, 2016 - Page 3 CONDITIONAL USE PERMIT (PLN-16-00148) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit (PLN-16-00148) allows operation of a yoga studio within a 1,870 square foot tenant space located at 8036 Third Street, Suite 104. 2) Approval of this Conditional Use Permit (PLN-16-00148) 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) The permitted hours of operation shall be 6:00 a.m. to 9:00 p.m., seven (7) days a week. 7) All tenant signs shall comply with the requirements of the City of Downey Municipal Code and any approved Planned Sign Program for the property. 8) 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. 9) All uses related to the yoga studio shall be limited to the interior of the tenant space. At no time shall any yoga studio activity take place in the parking lot, landscape areas, walkways, or sidewalks. 10) Noise generated from the gym shall comply with the City of Downey Noise Ordinance at all times. Agenda Page 9 Resolution No. ___________ Downey Planning Commission 8036 Third St. – PLN-16-00148 June 20, 2016 - Page 4 11) At all times amplified sound is used, all doors of the doors yoga studio shall remain closed. BUILDING 12) 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. 13) 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 14) Installation of approved Fire Department access – Knox Box [CA Fire Code 506]. 15) Installation of approved Fire Department premises (address) identification (if not already in place and meeting current code) [CA Fire Code 505] 16) Portable fire extinguishers shall be provided in accordance with (CFC 2013-Section 3104.12 17) All sprinklered buildings must be protected with an approved fire alarm system. Sprinklered and non-sprinklered buildings required to have an approved fire alarm system must provide for the alerting of ALL occupants of the building; visible devices must be provided at each audible device in areas as determined by the Chief. A Total Smoke detection system shall be installed below all finished ceilings and in accordance with recognized standards and manufacturers specifications. Any interior modification shall be approved and reviewed for changes to fire alarm and fire sprinkler systems. 18) Separate fire alarm and fire sprinkler plans and permits shall be obtained (if applicable). 19) Provide occupant load signage in accordance with the CFC. Agenda Page 10 Agenda Page 11 Agenda Page 12 Agenda Page 13