HomeMy WebLinkAboutPC Reso 18-3048RESOLUTION NO. 18-3048
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
Resolution No. 18-3048
Downey Planning Commission
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]
PLN -17-00202 — 8315 Firestone Blvd
April 4, 2018 - Page 2
Resolution No. 18-3048
Downey Planning Commission
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 the41h day of April, 2018 ,
by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Duarte, Frometa, Dominguez, and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
4&4y
Mary Cav nagh, Secretary
City Planning Commission
PLN -17-00202 — 8315 Firestone Blvd.
April 4, 2018 - Page 3
Resolution No. 18-3048
Downey Planning Commission
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.
PLN -17-00202 — 8315 Firestone Blvd
April 4, 2018 - Page 4
Resolution No. 18-3048
Downey Planning Commission
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
PLN -17-00202 — 8315 Firestone Blvd
April 4, 2018 - Page 5