HomeMy WebLinkAbout3. PLN-17-00202 - 8315 Firestone BlvdDATE: APRIL 4, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: MONICA ESPARZA, SENIOR PLANNER
SUBJECT: PLN-17-00202 – A REQUEST TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW THE OPERATION OF A FITNESS STUDIO
LOCATION: 8315 FIRESTONE BOULEVARD
ZONING: DDSP (Downtown Downey Specific Plan)
REPORT SUMMARY
Roberto Hernandez III (hereinafter “Applicant”) is requesting to operate a fitness studio, The
Camp Transformation Center, at property located at 8315 Firestone Boulevard. Pursuant to the
Downtown Downey Specific Plan, the operation of a fitness studio requires the approval of a
Conditional Use Permit. 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 APPROVING A
CONDITIONAL USE PERMIT (PLN-17-00202) TO ALLOW THE OPERATION
OF A FITNESS STUDIO ON PROPERTY LOCATED AT 8315 FIRESTONE
BOULEVARD, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
BACKGROUND
The subject site is located on the north side of Firestone Boulevard, east of Downey Avenue.
The subject property is 13,690 square feet and is improved with a 7,496 square-foot building
and 15 parking spaces, which are located to the west and north of the building. The building
contains two tenant spaces, one 1,716 square-foot space that is currently occupied by a
barbershop, and a 5,780 square-foot space that was previously occupied by a retail store. The
Applicant is proposing to operate The Camp Transformation Center, a fitness studio, within this
5,780 square-foot space. The subject property is zoned DDSP and has a General Plan Land
Use Designation of Mixed Use. The surrounding uses include Creamistry to the west, Hookah
Hub to the east, The Downey View Apartments to the north, and Dollar Tree and Grocery Outlet
to the south of Firestone Boulevard.
On December 29, 2017, the Applicant submitted an application for a Conditional Use Permit to
operate a fitness studio at 8315 Firestone Boulevard. The application was reviewed and
Agenda Page 1
deemed complete on January 26, 2018. On February 22, 2018, the 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 March 21, 2018, due to a lack of quorum, this item was continued to the April 4,
2018 Planning Commission meeting.
DISCUSSION
According to the Applicant, The Camp Transformation Center is a gym for high-intensity interval
training. A Director and an Assistant Director run the Camp Transformation Center. On
average, every Camp has approximately five (5) to six (6) front personnel and five (5) to six (6)
trainers. Classes are run at the top of the hour by one or two trainers and begin at 4:00 a.m. to
7:00 a.m., 8:00 a.m. to 10:00 a.m. and 3:00 p.m. to 9:00 p.m. On weekends, the classes are
from 6:00 a.m. to 10:00 a.m. The average class size is approximately 20 people. The Camp
Transformation Center also offers Elite Training, personalized training set up by the class
trainers.
The Applicant is requesting the hours of operation for this gym to be from 4:00 a.m. to 9:00 p.m.
Monday through Friday and 7:00 a.m. to 6:00 p.m. Saturday and Sunday. Members will not be
able to use the gym equipment outside of these hours. The proposed floor plan of the gym
includes a front desk reception area, a waiting area, a kids section, an additional bathroom, an
office and employee break room, and a storage room. Since this is a fitness studio, a large
portion of the space is devoted to a large mat where the class will take place. Additional
equipment will line the walls along the inside of the gym and will include stationary bikes, free
weights, equipment racks, and workout benches. The site has 15 parking spaces located to the
rear of the structure. The parking requirement for a General Commercial use within the
Downtown Downey Specific Plan is 1 space per 500 square feet of building area. Since the
new use is not proposing to add any square footage and the parking requirement is the same as
the previous use, the existing 15 spaces meet the parking requirement for this use.
Considering the proximity of this establishment to The Downey View Apartments, the proposed
studio must keep the rear and side doors closed at all times. This will mitigate noise from the
music, which will be played during the workouts, from adversely affecting the residents at The
Downey View Apartments. Additionally, the Applicant will be required to place signs in the
parking areas reminding members to be respectful of the adjacent residents and to keep noise
to a minimum. Based on the operations of similar fitness studios, it has come to staff’s attention
that fitness studios commonly use parking lots and sidewalks to execute their workouts. In
order to prevent this, a condition has been placed that the all operations of the gym must take
place within the building; the use of the parking lot or public sidewalks for exercise purposes will
be strictly prohibited. Staff feels this will further mitigate potential noise impacts on the residents
of The Downey View Apartments and the adjacent uses.
DEVELOPMENT REVIEW COMMITTEE
The City’s Development Review Committee reviewed the proposed revision to the existing
Conditional Use Permit on January 11, 2018. The Police and Planning Departments had
concerns regarding noise from the classes impacting the residents in The Downey View
Apartments, located to the north of the subject property. As stated above, conditions have been
placed on the use to require all operations to take place within the building and to leave the rear
door closed at all times. No other departments had any concerns.
Agenda Page 2
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed Conditional Use Permit for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, staff has determined that
the Conditional Use Permit is exempt from CEQA pursuant to Section 15301 (Class 1, Existing
Facilities), which have been determined not to have a significant effect on the environment,
because the proposed use is contained within the existing building and will not result in an
expansion of the building.
FINDINGS
Pursuant to the requirements of the Municipal Code Section 9824.06 (Conditional Use Permit),
the Planning Commission must make the following findings to approve the request:
A. The requested conditional use permit will not adversely affect the intent and
purpose of Article IX of the Downey Municipal Code or the City’s General Plan or
the public convenience or general welfare of persons residing or working in the
neighborhood thereof.
The proposed fitness studio is consistent with Goal 1.1 of the General Plan wherein it
seeks to provide sufficient land areas for uses that serve the needs of residents, visitors,
and businesses. The previous use of this space was a retail store that was
unsuccessful. This fitness studio offers a different fitness experience than a CrossFit or
a conventional gym by offering high-intensity interval training classes, as well as offering
private training to its members. This use will draw local residents, as well as people
from the surrounding cities into the Downtown Downey area.
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 proposed fitness studio will not adversely affect the adjoining land uses or the
growth and development of the area because all activity will take place within the
existing building and the building is not being expanded upon. Conditions have been
included in the resolution to mitigate noise impacts on the surrounding uses. Since the
fitness studio is going into an existing building and is not proposing any expansion of the
building, it does not hinder the growth and development of the area in which it is
proposed to be located.
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 size and shape of the property is adequate to accommodate the proposed fitness
studio. The Applicant is proposing to add an additional restroom facility and add a
partition wall within the space to accommodate an employee breakroom and storage for
the studio. The interior space has ample room for class sizes of approximately 20
people, personal training, and use of the cardio equipment.
Agenda Page 3
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
Firestone Boulevard is designated as a major arterial by the City’s General Plan.
Firestone Boulevard is able to absorb any additional traffic this request may create.
Additionally, the subject site is located within the Downtown Downey Specific Plan which
encourages pedestrian walkability. Therefore, although the fitness studio may generate
more activity, this use promotes the park-once atmosphere outlined as a goal within the
Downtown Downey Specific Plan.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis in this report, staff is recommending that the Planning Commission adopt
the attached resolution approving the Conditional Use Permit to allow the operation of a fitness
studio, subject to the conditions of approval.
EXHIBITS
A. Maps
B. Draft Resolution
C. Plans
Agenda Page 4
EXHIBIT A
LOCATION MAP
AERIAL PHOTOGRAPH
Agenda Page 5
ZONING MAP
Agenda Page 6
RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION APPROVING A
CONDITIONAL USE PERMIT (PLN-17-00202) TO ALLOW THE OPERATION
OF A FITNESS STUDIO ON PROPERTY LOCATED AT 8315 FIRESTONE
BOULEVARD, ZONED DDSP (DOWNTOWN DOWNEY SPECIFIC PLAN)
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. An application was filed by Roberto Hernandez III (hereinafter referred to as “the
Applicant”) on December 29, 2017, requesting approval of a Conditional Use
Permit (PLN-17-00202) to allow the operation of a fitness studio on property
located at 8315 Firestone Boulevard and zoned DDSP (Downtown Downey
Specific Plan); and,
B. The application was deemed complete on January 26, 2017; and,
C. On February 22, 2018, notice of the pending public hearing was sent to all
property owners within 500 feet of the subject site and the notice was published in
the Downey Patriot; and,
D. The Planning Commission held a duly noticed public hearing on March 7, 2018
and continued the hearing to a date certain; and,
E. Due to a lack of quorum, this item was continued to the April 4, 2018 Planning
Commission meeting; and,
F. The Planning Commission held a duly noticed public hearing on April 4, 2018 and
after fully considering all oral and written testimony, 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 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
because the proposed use is contained within the existing building and will not result in an
expansion of the building.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, 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. The proposed fitness studio is
consistent with Goal 1.1 of the General Plan wherein it seeks to provide sufficient land
areas for uses that serve the needs of residents, visitors, and businesses. The previous
use of this space was a retail store that was unsuccessful. This fitness studio offers a
different fitness experience than a CrossFit or a conventional gym by offering high-
intensity interval training classes, as well as offering private training to its members. This
use will draw local residents, as well as people from the surrounding cities into the
Agenda Page 7
Downtown Downey area.
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 proposed fitness
studio will not adversely affect the adjoining land uses or the growth and development of
the area because all activity will take place within the existing building and the building is
not being expanded upon. Conditions have been included in the resolution to mitigate
noise impacts on the surrounding uses. Since the fitness studio is going into an existing
building and is not proposing any expansion of the building, it does not hinder the growth
and development of the area in which it is proposed to be located.
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
size and shape of the property is adequate to accommodate the proposed fitness studio.
The Applicant is proposing to add an additional restroom facility and add a partition wall
within the space to accommodate an employee breakroom and storage for the studio.
The interior space has ample room for class sizes of approximately 20 people, personal
training, and use of the cardio equipment.
D. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. Firestone Boulevard is designated as a major arterial by
the City’s General Plan. Firestone Boulevard is able to absorb any additional traffic this
request may create. Additionally, the subject site is located within the Downtown Downey
Specific Plan which encourages pedestrian walkability. Therefore, although the fitness
studio may generate more activity, this use promotes the park-once atmosphere outlined as
a goal within the Downtown Downey Specific Plan.
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 this Conditional Use Permit (PLN-
17-00202), 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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
[Signatures on next page]
Agenda Page 8
PASSED, APPROVED AND ADOPTED this 4th day of April, 2018.
Patrick Owens, 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 the4th day of April, 2018 ,
by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 9
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-17-00202)
PLANNING
1) The approval of Conditional Use Permit (PLN-17-00202) permits the operation of a
fitness studio within a 5,780 square-foot tenant space, located within an existing 7,496
square-foot building on property located at 8315 Firestone Boulevard and zoned DDSP
(Downtown Downey Specific Plan).
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) 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.
5) Prior to the submittal of plans into Building and Safety Plan Check or commencement of
business, whichever occurs first, the applicant and the property owner shall sign an
affidavit of Acceptance of Conditions, as provided by the City of Downey.
6) The permitted hours of operation of the business are Monday through Friday from 4:00
a.m. to 9:00 p.m. and Saturday and Sunday from 7:00 a.m. to 6:00 p.m. Customers shall
not be allowed within the business outside of these business hours.
7) The main/front door shall remain unlocked and accessible to customers at all times
during business hours. The rear and side doors shall be installed with a self-closing
hinge, so as to mitigate noise emitting from the business and shall never be propped
open; these doors shall remain closed at all times, except for emergency ingress/egress.
8) Prior to the commencement of business, the owner/applicant shall remove the existing
tint and unpermitted signage on the windows. The windows shall be kept free and clear
to allow visibility through them at all times, this shall not prohibit the use of curtains,
interior window shades, or blinds.
Agenda Page 10
9) All signage must comply with the regulations set forth within the Downtown Downey
Specific Plan. The owner/applicant shall obtain Planning and Building approval prior to
the erection of any signs.
10) 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, landscaped
areas, walkways, or sidewalks.
11) Noise generated from the gym shall comply with the City of Downey Noise Ordinance at
all times.
12) 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.
PUBLIC WORKS
13) The owner/applicant shall obtain permits for any work done within the public right-of-way.
BUILDING
14) All construction shall comply with the most recent version of the California Building Code,
as adopted by the City of Downey.
15) Prior to the commencement of construction, the applicant shall obtain all required
permits. Once permits are issued, the applicant shall obtain all necessary inspections
and permit final prior to occupancy of the business.
FIRE
16) Complete and submit a Change in Occupancy Use application to the Downey Fire
Department.
17) Premises shall be appropriately addressed to meet the minimum requirments of the CA
Fire Code.
18) Provide key boxes to the establishment.
19) Submit a maximum occupancy load as to be determined if deferred automatic fire
sprinkler and alarm plans submittal shall be required for an Assembly Group A-3
occupancy.
20) All construction shall adhere to requirements of CA Fire and Building Codes for egress,
exit signs, emergency illumination, etc.
END OF CONDITIONS
Agenda Page 11
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TEL: (323) 630-9555
8315 FIRESTONE BLVD
DOWNEY CA 90241
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DOWNEY CA 90241
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9744 MAPLE ST. #101
BELLFLOWER, CA 90706
TEL: (323) 630-9555
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OWNER:ABP PROPERTIES
15740 PARAMOUNT BLVD, SUIT E
PARAMOUNT, CA 90723
PH: (562) 633-0267
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DOWNEY CA 90241
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DESIGN BY: APEX DESIGNS LLC
9744 MAPLE ST. #101
BELLFLOWER, CA 90706
TEL: (323) 630-9555
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OWNER:ABP PROPERTIES
15740 PARAMOUNT BLVD, SUIT E
PARAMOUNT, CA 90723
PH: (562) 633-0267
ATT: BRETT CYPRUS
GYM T.I.
2
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2
6
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1
8
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1
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GYM T.I.
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1
8315 FIRESTONE BLVD
DOWNEY CA 90241
R
E
V
I
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I
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N
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1
2
D
A
T
E
D
A
T
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A
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.
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DESIGN BY: APEX DESIGNS LLC
9744 MAPLE ST. #101
BELLFLOWER, CA 90706
TEL: (323) 630-9555
1
"
=
4
'
OWNER:ABP PROPERTIES
15740 PARAMOUNT BLVD, SUIT E
PARAMOUNT, CA 90723
PH: (562) 633-0267
ATT: BRETT CYPRUS
PROPOSED FRAMING PLAN
2
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2
6
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1
8
A
g
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n
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a
P
a
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1
8