HomeMy WebLinkAboutPC Resolution 16-2988RESOLUTION NO. 16 -2988
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:
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
Resolution No. 16 -2988
Downey Planning Commission
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.
Jim Ro�dfiguez, Vice 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:
Rodriguez, Morales and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Flores and Lujan
ABSTAIN;
COMMISSIONERS:
None
4JW L
Vary C vanagh, Secreta
City Planning Commission
8036 Third St. — PLN -16 -00148
June 20, 2016 - Page 2
Resolution No. 16 -2988
Downey Planning Commission
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-com ply 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.
8036 Third St. — PLN -16 -00148
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Resolution No. 16 -2988
Downey Planning Commission
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.
8036 Third St. — PLN -16 -00148
June 20, 2016 - Page 4