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HomeMy WebLinkAbout3. PLN-16-00195 - 12912 ParamountSTAFF REPORT PLANNING DIVISION DATE: SEPTEMBER 7, 2016 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER SUBJECT: PLN-16-00195 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE PERSONAL FITNESS FACILITY LOCATION: 12912 PARAMOUNT BLVD. ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY The applicant is proposing to occupy the entire 6,800 square foot building on the site and operate a personal fitness facility. Uses will include group exercise classes, boot camp, and a hair salon. 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-16-00195) TO ALLOW THE OPERATION OF A PERSONAL FITNESS FACILITY ON PROPERTY LOCATED AT 12912 PARAMOUNT BLVD., ZONED DOWNTOWN C-2 (GENERAL COMMERCIAL). BACKGROUND The subject site is an approximate 17,000 square foot parcel that is located on the northeast corner of Paramount Blvd. and Puritan Ave. The site is improved with a 6,800 square foot single story building that was originally built in 1972. Previous uses in the building include retail and most currently a children’s dance studio. Twenty-nine parking spaces are located on the south and east sides of the building, which can be accessed via a drive-approach on Paramount Blvd. or via the alley that bounds the east side of the site. The subject site has a General Plan Land Use designation of General Commercial and is within the C-2 (General Commercial) zone. Agenda Page 1 12912 Paramount Blvd. – PLN-16-00195 September 7, 2016 - Page 2 View of Building from Paramount Blvd. The west side of the site is bounded by Paramount Blvd., across from which is improved with single-family residences. These homes are all within the R-1 (Single-Family Residential) zone. To the east of the site is another residential neighborhood. This area is zoned R-2 (Two-Family Residential) and is improved with a combination of single-family and duplex residences. North and south of the project site (along Paramount Blvd.) are a variety of commercial businesses. These properties are zoned C-2 (General Commercial). On August 2, 2016, the applicant (Maria Johnson) submitted a request for a Conditional Use Permit to operate a personal fitness facility at the subject site. Staff completed a review of the request on August 19, 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 August 25, 2016. DISCUSSION The applicant currently operates her business (The Winning Image) in Myrtle Plaza, which is located on Third St. and Myrtle St. The applicant’s current landlord will not renew her lease; as such, she has been looking for an alternative site to keep her business in the City of Downey. The proposal is to utilize the existing floor plan of the building. The applicant is proposing to have a weight room, a boot camp room, a bike room, a group exercise room, and a hair salon. The proposed hours of operations will be from 5:00 a.m. until 9:30 p.m., seven (7) days a week. As previously noted, there are 29 parking spaces on the site. Pursuant to Municipal Code 9712, gymnasiums and health clubs are required to provide one parking space for every 300 square feet of gross floor area. Based on the 6,800 square foot building size, the applicant needs a minimum of 23 parking spaces, resulting in a six-space surplus. Agenda Page 2 12912 Paramount Blvd. – PLN-16-00195 September 7, 2016 - Page 3 Staff has reviewed the request and is supportive of the use at this location. Notwithstanding this, staff is recommending conditions of approval to keep all east facing doors closed to minimize any potential noise impact on the neighbors. Additionally, staff is recommending a condition of approval that the applicant post signs in the parking lot to remind customers to be courteous to the neighbors and keep noise to a minimum. DEVELOPMENT REVIEW COMMITTEE On August 11, 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 personal fitness facility will occupy an existing building, 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 General Commercial and the gym is within the C-2 (General Commercial) zone. It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. It is staff’s opinion that the proposed development will satisfy these needs by providing a new gym to provide those who live and work in the area additional opportunity to work out. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” A review of the other businesses in the vicinity shows that there are no other gyms in the immediate area. It is staff’s opinion that approval of this Conditional Use Permit will provide a new service for the neighborhood, which is not readily available. For these reasons, staff believes the approval of this project is consistent with the goals, policies, programs, and land uses of all applicable elements of the General Plan. Agenda Page 3 12912 Paramount Blvd. – PLN-16-00195 September 7, 2016 - Page 4 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 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 building and does not require an expansion of the building. There is sufficient parking to accommodate the use and the proposal will not alter any of the building setbacks. It is staff’s belief that should any tenant improvements be conducted they 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. Primary access to the site will be via Paramount Blvd. 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 personal fitness facility 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-16-00195), subject to the recommended conditions of approval. Agenda Page 4 12912 Paramount Blvd. – PLN-16-00195 September 7, 2016 - Page 5 EXHIBITS A. Maps B. Draft Resolution C. Project Plans Agenda Page 5 12912 Paramount Blvd. – PLN-16-00195 September 7, 2016 - Page 6 MAPS Location Agenda Page 6 12912 Paramount Blvd. – PLN-16-00195 September 7, 2016 - Page 7 Aerial Photograph Zoning Subject Site Subject Site Agenda Page 7 RESOLUTION NO. __________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-16-00195) TO ALLOW THE OPERATION OF A PERSONAL FITNESS FACILITY ON PROPERTY LOCATED AT 12912 PARAMOUNT BLVD., ZONED DOWNTOWN 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 2, 2016, the applicant (Maria Johnson) submitted a request for a Conditional Use Permit to operate a personal fitness facility at the subject site; and, B. On August 19, 2016, after completing a review of the submitted material, staff deemed the application complete; and, C. On August 25, 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 September 7, 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 General Commercial and the gym is within the C-2 (General Commercial) zone. It is the intent of the land use designation and zoning to provide commercial and service uses in the City in order to serve the broadest community and regional needs. The proposed development will satisfy these needs by providing a new gym to provide those who live and work in the area additional opportunity to work out. Furthermore, it is a policy of the General Plan (Policy 1.1.4) to “Provide an appropriate amount of land area for people to acquire goods and services.” A review of the other businesses in the vicinity shows that there are no other gyms in the immediate area. This Conditional Use Permit will provide a new service for the neighborhood, which is not readily available. 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 Agenda Page 8 Resolution No. ___________ Downey Planning Commission 12912 Paramount Blvd. – PLN-16-00195 September 7, 2016 - Page 2 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 building (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 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 building and does not require an expansion of the building. There is sufficient parking to meet the code requirements and existing buildings setbacks will not be altered. 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-16-00195), 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 7th day of September, 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 7th day of September, 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 9 Resolution No. ___________ Downey Planning Commission 12912 Paramount Blvd. – PLN-16-00195 September 7, 2016 - Page 3 CONDITIONAL USE PERMIT (PLN-16-00195) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit (PLN-16-00195) allows operation of a personal fitness facility within an existing 6,800 square foot building located at 12912 Paramount Blvd. Uses contain therein include, boot camp, group exercise classes, a bike room, weight room, and a hair salon. 2) Approval of this Conditional Use Permit (PLN-16-00195) 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 permitted hours of operation shall be 5:00 a.m. to 9:30 p.m., seven (7) days a week. 6) All tenant signs shall comply with the requirements of the City of Downey Municipal Code and any approved Planned Sign Program for the property. 7) All uses related to the business shall be limited to the interior of the tenant space. At no time shall any training, exercise, or the like take place in the parking lot, landscape areas, walkways, or sidewalks. 8) Noise generated from the gym shall comply with the City of Downey Noise Ordinance at all times. 9) The doors on the east side of the gym shall remain closed at all times, except for emergency ingress/egress. 10) The applicant shall post signs in the parking areas to remind customers to be courteous to the neighbors and keep noise to a minimum. The size, number, and wording of the signs shall be approved by the City Planner prior to occupancy of the business. Agenda Page 10 Resolution No. ___________ Downey Planning Commission 12912 Paramount Blvd. – PLN-16-00195 September 7, 2016 - Page 4 BUILDING 11) 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. 12) 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 13) Installation of approved Fire Department access – Knox Box [CA Fire Code 506]. 14) Installation of approved Fire Department premises (address) identification (if not already in place and meeting current code) [CA Fire Code 505]. 15) Portable fire extinguishers shall be provided in accordance with (CFC 2013-Section 3104.12. 16) Determine occupant load(s) for all areas. 17) Provide occupant load signage in accordance with the CFC. 18) Exit illumination shall be proved in all main exit pathways. 19) Any changes to occupancy type could require installation of automatic fire sprinkler system and fire alarm installation. 20) Additional required fire code requirements may be required at time of plan review and/or field inspection. 21) Existing buildings, which after completion of major additions will exceed three thousand six hundred (3,600) square feet of floor area, shall be provided with an approved Automatic Fire Extinguishing System throughout. Existing building(s) exceeding three thousand six hundred (3,600) square feet shall be provided with an approved Automatic Fire Extinguishing System throughout, when alterations and/or additions to such building(s) done during a three-year period exceed fifty percent (50%) of the value of said building(s) as determined by the Building Official or Fire Chief. Signs, landscape, and driveway improvements shall be exempt from such valuation. (DMC 3319). 22) Existing building(s) over three thousand six hundred (3,600) square feet shall be equipped with an approved Automatic Fire Alarm and Detection System throughout, when alterations and/or additions to such building(s) done during a three-year period exceed twenty-five percent (25%) of the value of said building(s) current valuation as determined by the Building Official or Fire Chief. Signs, landscape, and parking lot improvements shall be exempt from such valuation. Existing assembly occupancies shall be equipped with an approved Automatic Fire Alarm and Detection System throughout, when alterations and/or additions to such building(s) done during a three-year period exceed twenty-five percent (25%) of the value of said building(s) current valuation as determined by the Building Official or Fire Chief. Signs, landscape, and parking lot improvements shall be exempt from such valuation. (DMC 3316). Agenda Page 11