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HomeMy WebLinkAboutPC Resolution 16-2993RESOLUTION NO. 16-2993 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 Resolution No. 16-2993 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. Originally signed by Matias Flores 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: Flores, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONERS: None Originally signed by Mary Cavanagh Mary Cavanagh, Secretary City Planning Commission Resolution No. 16-2993 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. Resolution No. 16-2993 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).