HomeMy WebLinkAbout4. PLN-18-00025 - Zone TextSTAFF REPORT
PLANNING DIVISION
DATE: MAY 16, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: ALFONSO HERNANDEZ, ASSOCIATE PLANNER
SUBJECT: PLN-18-00025 (ZONE TEXT AMENDMENT) – A REQUEST TO AMEND
VARIOUS SECTIONS OF ARTICLE IX (LAND USE) OF THE DOWNEY
MUNICIPAL CODE TO ADOPT LANGUAGE ADDRESSING MINOR
COMMERCIAL RECREATION USES IN THE NEIGHBORHOOD
COMMERCIAL (C-1) ZONE
LOCATION: CITYWIDE
ZONING: VARIOUS ZONES
REPORT SUMMARY
A request from City Council to amend various sections of Article IX (Land Use) of the Downey
Municipal Code revising regulations related to “Commercial Recreation” uses in the commercial
zones. Specifically, the request from City Council initially explored allowing Martial Arts uses in
the Neighborhood Commercial (C-1) zone. Instead the amendment separates individual
recreational uses, such as martial arts, from the “Commercial Recreation” use classification and
establishes a new use (“Minor Commercial Recreation”) to be permitted in the C-1 zone.
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 RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE
TEXT AMENDMENT (PLN-18-00025), THEREBY AMENDING VARIOUS
SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING
DEFINITIONS, VARIOUS ZONE USES, AND PARKING REGULATIONS.
BACKGROUND
The request from City Council is prompted in an effort to remain up-to-date with changing trends
in land use. As existing uses become more or less intensive, than they once were when
implemented into the city’s municipal code, they may (or may not) become suitable for different
zoning districts. Specific to this application, there are various uses within the city’s “Commercial
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Recreation” use classification that may be complimentary to nearby residential neighborhoods,
but the use is currently prohibited in the C-1 zone. Individual uses such as, but not limited to,
martial arts, arts & craft, and yoga will comprise a new use category.
Currently “Commercial Recreation” is defined as: “includes, but is not limited to, ice/roller
skating rinks, model courses, shooting galleries, tennis and racquetball courts, amusement
centers or arcades, martial arts studios, dance studios and health and fitness clubs, or facilities
equipped and used for sports training and conditioning. Excludes adult entertainment facilities.”
The use is applied as follows:
(P = Permitted NP = Not Permitted C = Conditional Use Permit)
Use C-P C-1 C-2 C-3 C-M H-M M-1 M-2 M-U O-S
General Commercial Uses
Commercial Recreation NP NP C C C NP C C C C
The parking ratio requirement for this use is 1 per 300 square feet of gross floor area.
On May 3, 2018, notice of the pending public hearing was published in the Downey Patriot as a
1/8th page ad in accordance with the requirements of the Downey Municipal Code.
DISCUSSION
While the previously mentioned definition of “Commercial Recreation” lists a wide variety of
uses that are allowed in the city, it prohibits all uses that fall within this category from occupying
locations within the C-1 zone. Staff contends that some of these uses may now be consistent
with the intent and purpose of the C-1 zone, and adequately fit within nearby residential
environments without detriment to the character of the area. Therefore, the proposed Zone Text
Amendment intends to allow (per the approval of a Conditional Use Permit) uses such as
Martial Arts, and similar commercial recreation uses, in the City’s C-1 zone by establishing a
less intensive recreational use classification (“Minor Commercial Recreation”).
A survey of local cities was completed to determine the potential impact of these types of uses
near residential neighborhoods. The primary motivation for an amendment in the City of Downey
is to allow martial arts in the C-1 zone; therefore, the survey was initially intended to determine
where other cities allow martial arts and how the use is regulated. The survey revealed:
1. Of the ten (10) cities surveyed, all of them allow martial arts within their respective neighborhood
commercial zones.
2. One (1) of the cities surveyed requires the approval of a conditional use permit to operate a
martial arts use in a neighborhood commercial zone, while nine (9) other cities allow the use by
right.
3. Cities categorize martial arts into a broader use classification, with similar less intensive uses,
such as Personal Improvement Services, Athletic Studios, Commercial Schools, and Small
Fitness Facilities.
Although the initial intent of the zone text amendment was to explore the viability of allowing
martial arts uses in the C-1 zone, the information produced from the survey found that other
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uses currently experience the same restrictions under the classification of “Commercial
Recreation”, and other classifications. This prompted staff to move towards creating a “Minor
Commercial Recreation” use to categorize a wider range of uses that are similar (in impact and
operation) to martial arts.
The Zone Text Amendment will primarily affect the C-1 zone, and is to be prohibited in the
manufacturing zones. Currently, these uses are already allowed in the city’s General
Commercial (C-2), Central Business District (C-3), Commercial Manufacturing (C-M), Light
Manufacturing (M-1), General Manufacturing (M-2), Mixed-Use (M-U), and Open Space (O-S)
zones. The C-1 zone provides specific areas in the City for goods and services to be
conveniently located near residential environments with limited potential for impacts to adjacent
land uses. Specifically, the purpose of the Neighborhood Commercial zone is as follows:
“The C-1 Zone is intended to provide for the development of limited neighborhood
shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These
shopping areas are intended to serve only the limited need for convenience goods and
services in their immediate locality and should fit easily into a residential environment
without detriment to the character of the area.”
Ultimately, it is staffs assessment that the uses proposed under the new classification of “Minor
Commercial Recreation” meet the intent and purpose stated above.
In order to satisfy the application request, the proposed amendment is as follows:
Section 9126. “C” Definitions.
Commercial Recreation (Manufacturing Zone Only): Any use or development, either public or
private, providing amusement, pleasure or sport, diversion, exercise, or other resource affording
relaxation and enjoyment. Typical uses may include includes, but is are not limited to, :
theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo
parlors, golf course, miniature golf courses, ice/roller skating rinks, model courses, shooting
galleries, tennis and racquetball courts, amusement centers or arcades, martial arts studios,
dance studios, and health and fitness clubs, boxing gyms, or and facilities equipped and used
for sports training and conditioning. Excludes adult entertainment facilities, martial arts facilities,
and massage therapy establishments.
Commercial Recreation (Minor): Recreational and instructional uses including, but not limited to,
art, crafts, martial arts, or yoga. Martial arts shall be specific to any of the traditional forms of
self-defense or combat that utilizes physical skill and coordination without weapons, such as,
but not limited to, karate, aikido, judo, tai chi, kung fu, jiu-jitsu, and krav maga. Martial arts
excludes boxing gyms and similar facilities that are equipped and used for training and
conditioning.
Section 9152. “P” Definitions.
Personal Improvement Services: Services or facilities including, but not limited to, music or
photography lessons, fine arts, crafts, driving schools (excludes truck driving schools), and diet
centers.
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SECTION 9314.04. COMMERCIAL ZONES USE REGULATIONS.
Use C-P C-1 C-2 C-3 C-
M
H-M Notes and Exceptions
General Commercial Uses
Commercial recreation NP NP C C C NP
Minor Commercial
Recreation
NP C C C C NP
SECTION 9316.04. MIXED-USE ZONE USE REGULATIONS.
Use M-U Notes and Exceptions
Commercial
Commercial recreation C
Minor Commercial Recreation C
SECTION 9318.04. MANUFACTURING ZONES USE REGULATIONS.
Use M-1 M-2 Notes and Exceptions
Other Uses
Commercial recreation
(Manufacturing Zones Only)
C C As defined in Section 9126
Excludes the following: theaters, sports
stadiums and arenas, amusement parks,
bowling alleys, billiard parlors, bingo parlors,
golf course, miniature golf courses,
amusement centers or arcades, and model
courses.
Minor Commercial Recreation NP NP
SECTION 9322.04. OPEN SPACE ZONE USE REGULATIONS.
Use O-S Notes and Exceptions
Commercial recreation C
Minor Commercial Recreation C
SECTION 9712. NONRESIDENTIAL PARKING REQUIREMENTS.
Table 9.7.3. Nonresidential Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Amusement/Recreational Facilities
Minor Commercial Recreation 1 per every 250 square feet of
gross floor area
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ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed Zone Text Amendment for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, staff has determined that
this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15305
(Class 5 - Minor Alteration in Land Use Limitations). Class 5 exemptions consist of alternations
to land use limitations in areas that have a slope of less than 20% and do not result in changes
to the land use or densities. The proposed Zone Text Amendment does not create a new land
use or add density to the city. In addition, the City is relatively flat with average slopes in the
1%-2% range. Accordingly, staff believes that this Zone Text Amendment qualifies for the Class
5 exemption under CEQA.
FINDINGS
Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted
prior to approving the Zone Text Amendment. The findings are as follows:
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare.
The proposed Zone Text Amendment is necessary and desirable for the development of
the community and is in the interest of furthering public health, safety, and general
welfare. The development of the community is achieved through the continuous update
of the municipal code in an effort to provide adequate land use regulations where
needed. Specific to this application, certain commercial recreational uses are being
introduced (through “Minor Commercial Recreation”) to the C-1 zone because they have
now become complimentary and compatible with adjacent Single-family (R-1), Multi-
family (R-2, R-3), and Mixed-Use (M-U) zones. In addition, the development of the
community is further enhanced by this classification due to the potential for promoting a
balance in land uses, discouraging the over-concentration of specific uses by introducing
new uses, serves the need of the public, and promotes walkability.
The analysis for this classification, proposed regulations, and future entitlement process
ensure that any potential effects in public health, safety, and general welfare will be
mitigated as much as possible.
B. The proposed amendment is in general conformance with the General Plan.
The project is in conformance with all applicable objectives, policies, and programs
specified in the City’s General Plan. Specifically, the project primarily affects the C-1
zone. The land use designation of “Neighborhood Commercial”, as stated in the General
Plan, is used to allow “Uses [that] are intended to serve adjacent neighborhoods and are
intended to be located in ‘neighborhood nodes’ such as properties adjacent to street
intersections.” The previous statement is synonymous with the intent of the new “Minor
Commercial Recreation” classification. In addition, the following are policies promoted by
the proposed Zone Text Amendment:
City Value – To provide excellent housing, educational, employment, and recreational
opportunities.
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Program 1.1.5.3 – Promote recreation and entertainment uses that serve needs of the
public.
The Zone Text Amendment promotes the above policies by introducing more
opportunities for recreational businesses to be located near residential neighborhoods,
and ultimately makes these uses more easily accessible to residents.
Program 1.1.4.6 – Concentrate smaller commercial uses in neighborhood “nodes”.
Creating a new “Minor Commercial Recreation” use classification now makes it possible
for additional residentially compatible businesses to be located in these neighborhood
“nodes” (areas in close proximity to street intersections and easily accessible from
various neighborhoods).
Program 1.3.2.2 – Adjust the codes, policies, and regulations in response to changes in
land use trends.
The Zone Text Amendment recognizes a change in current land uses, and is carried out
in an attempt to remain up-to-date with these changes. New and evolving uses are
continuously introduced to the city, and it remains a responsibility to analyze and
determine the viability of these uses in the City of Downey. Specifically, this application
has found that certain “Commercial Recreation” uses may not pose a nuisance to
residential neighborhoods. Rather, the uses found in the new “Minor Commercial
Recreation” classification may be compatible and complimentary to land uses adjacent
to the C-1 zone.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed Zone
Text Amendment (PLN-18-00025) will serve to protect the health, safety, and welfare of the
community by allowing a necessary and desirable use within the C-1 zone. Furthermore, staff is
concluding that both findings required to approve the amendment can be made in a positive
manner. As such, staff is recommending that the Planning Commission recommend to the City
Council that they approve the Zone Text Amendment (PLN-18-00025), thereby amending the
Zoning Code with regards to “Minor Commercial Recreation”.
EXHIBITS
A. Draft Resolution
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE PLANNING COMMISSION APPROVE
A ZONE TEXT AMENDMENT (PLN-18-00025), THEREBY AMENDING
VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE
REGARDING DEFINITIONS, VARIOUS ZONE USES, AND PARKING
REGULATIONS.
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 May 3, 2018, notice of the pending zone text amendment was published in the
Downey Patriot as a 1/8th page ad in accordance with the requirements of the Downey
Municipal Code; and,
B. The Planning Commission held a duly noticed public hearing on May 16, 2018, 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
requested Zone Text Amendment is not subject to CEQA pursuant to Section 15303 of the
State CEQA Guidelines regarding Minor Alterations in Land Use Limitations, because the
proposed Zone Text Amendment will not result in any changes in land use or density.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare. The development of the community is achieved through the
continuous update of the municipal code in an effort to provide adequate land use
regulations where needed. Specific to this application, certain commercial
recreational uses are being introduced (through “Minor Commercial Recreation”) to
the C-1 zone because they have now become complimentary and compatible with
adjacent Single-family (R-1), Multi-family (R-2, R-3), and Mixed-Use (M-U) zones. In
addition, the development of the community is further enhanced by this classification
due to the potential for promoting a balance in land uses, discouraging the over-
concentration of specific uses by introducing new uses, serves the need of the
public, and promotes walkability.
The analysis for this classification, proposed regulations, and future entitlement
process ensure that any potential effects in public health, safety, and general welfare
will be mitigated as much as possible.
B. The proposed amendment is in general conformance with the General Plan.
Specifically, the project primarily affects the C-1 zone. The land use designation of
“Neighborhood Commercial”, as stated in the General Plan, is used to allow “uses
[that] are intended to serve adjacent neighborhoods and are intended to be located
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Resolution No.
Downey Planning Commission
Zone Text Amendment (Minor Commercial Recreation) - PLN-18-00025
May 16, 2018 - Page 2
in ‘neighborhood nodes’ such as properties adjacent to street intersections.” The
previous statement is synonymous with the intent of the new “Minor Commercial
Recreation” classification. In addition, the following are policies promoted by the
proposed Zone Text Amendment: 1) City Value – To provide excellent housing,
educational, employment, and recreational opportunities; 2)Program 1.1.5.3 –
Promote recreation and entertainment uses that serve needs of the public. The Zone
Text Amendment promotes the above policies (1 & 2) by introducing more
opportunities for recreational businesses to be located near residential
neighborhoods, and ultimately makes these uses more easily accessible to
residents; 3) Program 1.1.4.6 – Concentrate smaller commercial uses in
neighborhood “nodes”. Creating a new “Minor Commercial Recreation” use
classification now makes it possible for additional residentially compatible
businesses to be located in these neighborhood “nodes” (areas in close proximity to
street intersections and easily accessible from various neighborhoods); and, 4)
Program 1.3.2.2 – Adjust the codes, policies, and regulations in response to changes
in land use trends. The Zone Text Amendment recognizes a change in current land
uses, and is carried out in an attempt to remain up-to-date with these changes. New
and evolving uses are continuously introduced to the city, and it remains a
responsibility to analyze and determine the viability of these uses in the City of
Downey. Specifically, this application has found that certain “Commercial Recreation”
uses may not pose a nuisance to residential neighborhoods. Rather, the uses found
in the new “Minor Commercial Recreation” classification may be compatible and
complimentary to land uses adjacent to the C-1 zone.
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 recommends that the City
Council revise the following definition to Section 9126 of Article IX of the Downey Municipal
Code to read as follows:
Section 9126. “C” Definitions.
Commercial Recreation: Any use or development, either public or private, providing
amusement, pleasure or sport, diversion, exercises, or other resource affording relaxation and
enjoyment. Typical uses may include, but are not limited to: theaters, sports stadiums and
arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, golf course, miniature
golf courses, ice/roller skating rinks, model courses, shooting galleries, tennis and racquetball
courts, amusement centers or arcades, dance studios, health and fitness clubs, boxing gyms,
and facilities equipped and used for sports training and conditioning. Excludes adult
entertainment facilities, martial arts facilities, and massage therapy establishments.
SECTION 5. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following definition to Section 9126 of Article IX of the Downey Municipal Code
to read as follows:
Section 9126. “C” Definitions.
Commercial Recreation, minor: Recreational and instructional uses including, but not limited to,
art, crafts, martial arts, or yoga. Martial arts shall be specific to any of the traditional forms of
self-defense or combat that utilizes physical skill and coordination without weapons, such as,
but not limited to, karate, aikido, judo, tai chi, kung fu, jiu-jitsu, and krav maga. Martial arts
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Resolution No.
Downey Planning Commission
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excludes boxing gyms and similar facilities that are equipped and used for training and
conditioning.
SECTION 6. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council revise the following definition to Section 9152 of Article IX of the Downey Municipal
Code to read as follows:
Section 9152. “P” Definitions.
Personal Improvement Services: Services or facilities including, but not limited to, music or
photography lessons, driving schools (excludes truck driving schools), and diet centers.
SECTION 7. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following use to “Table 9.3.5. Commercial Zones Use Regulations” within
Section 9314.04 of Article IX of the Downey Municipal Code:
SECTION 9314.04. COMMERCIAL ZONES USE REGULATIONS.
Use C-P C-1 C-2 C-3 C-
M
H-M Notes and Exceptions
General Commercial Uses
Minor Commercial
Recreation
NP C C C C NP
SECTION 8. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following use to “Table 9.3.7. Mixed-Use Zones Use Regulations” within Section
9316.04 of Article IX of the Downey Municipal Code:
SECTION 9316.04. MIXED-USE ZONE USE REGULATIONS.
Use M-U Notes and Exceptions
Commercial
Minor Commercial Recreation C
SECTION 9. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council revise the following notes and exceptions to “Table 9.3.9. Manufacturing Zones Use
Regulations” within Section 9318.04 of Article IX of the Downey Municipal Code:
SECTION 9318.04. MANUFACTURING ZONES USE REGULATIONS.
Use M-1 M-2 Notes and Exceptions
Other Uses
Commercial Recreation C C Excludes the following: theaters, sports
stadiums and arenas, amusement parks,
bowling alleys, billiard parlors, bingo parlors,
golf course, miniature golf courses,
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Resolution No.
Downey Planning Commission
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amusement centers or arcades, and model
courses.
SECTION 10. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following use to “Table 9.3.9. Manufacturing Zones Use Regulations” within
Section 9318.04 of Article IX of the Downey Municipal Code:
Use M-1 M-2 Notes and Exceptions
Other Uses
Minor Commercial Recreation NP NP
SECTION 11. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following uses to “Table 9.3.13. Mixed-Use Zones Use Regulations” within
Section 9322.04 of Article IX of the Downey Municipal Code:
SECTION 9322.04. OPEN SPACE ZONE USE REGULATIONS.
Use O-S Notes and Exceptions
Minor Commercial Recreation C
SECTION 12. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add the following parking requirement to “Table 9.7.3. Nonresidential Parking
Requirements” within Section 9712 of Article IX of the Downey Municipal Code:
SECTION 9712. NONRESIDENTIAL PARKING REQUIREMENTS.
Table 9.7.3. Nonresidential Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Amusement/Recreational Facilities
Minor Commercial Recreation 1 per every 250 square feet of
gross floor area
SECTION 13. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of May, 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 the 16th day of May,
2018, by the following vote, to wit:
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Resolution No.
Downey Planning Commission
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AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
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