Loading...
HomeMy WebLinkAbout1. PLN-18-00084 12212 Paramount BlvdSTAFF REPORT PLANNING DIVISION DATE: AUGUST 1, 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-18-00084 – A REQUEST TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A KID’S INDOOR PLAY GYM (WE ROCK THE SPECTRUM) LOCATION: 12212 PARAMOUNT BOULEVARD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY This is a request for a Conditional Use Permit (CUP) to allow the operation of a “Commercial Recreation” facility on a C-2 (General Commercial) zoned property. The facility will function as a kid’s gymnasium, under the name “We Rock The Spectrum”. 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-18-00084) TO ALLOW THE OPERATION OF A KID’S INDOOR PLAY GYM ON PROPERTY LOCATED AT 12212 PARAMOUNT BOULEVARD, ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The site is currently developed with a 6,021 square foot building. The proposed commercial recreation facility will be located at 12212 Paramount Boulevard, and is 2,877 square feet. There are an additional four tenant spaces onsite, each with its own address. The site was approved for façade changes and major renovation on March 8, 2017. As of the date of this report, framing construction has been inspected and construction to the exterior façade has begun. Overall, the site is an 18,625 square foot parcel with two street frontages located on the southeast corner of Paramount Boulevard and Alameda Street. It is within the city’s C-2 zone, and has a general plan land use designation of “Office”. The site is accessible from two street frontages; along Paramount Boulevard traveling north bound and Alameda Street traveling west PC Agenda Page 1 PLN-17-00202 – 8315 Firestone Blvd. March 21, 2018 - Page 2 or east. Directly to the east, abutting the subject property, are C-2 and R-2 zoned properties developed with multifamily structures. Adjacent to the north and west are C-2 zoned properties developed with commercial uses. The parcels to the south are zoned C-1 and C-2, and occupied with a commercial use and Fire Station 1 (northeast corner of Paramount Boulevard and Orange Street). On May 9, 2018, the Applicant submitted an application for a Conditional Use Permit to operate a commercial recreation facility at 12212 Paramount Boulevard. The application was reviewed and deemed complete on June 7, 2018. On July 19, 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. DISCUSSION The application is a request to operate a 2,877 square feet kid’s indoor play gym within the city’s C-2 zone. “We Rock The Spectrum” is open to all children of various ages, but primarily caters to individuals with autism. Typically the age range for patrons is infant to 13 years old, but the facility will at times offer services to children with autism that are over the age of 13. Located within the space is equipment for zip-lining, rock climbing, and trampolines, and activities such as arts and crafts. Activities commonly consist of parent supervised free play. Access to the facility is gained by purchasing a daily ticket or monthly membership. Tickets are available with specified time limits or for all day access. Patrons participating in free play must be accompanied by a parent at all times. In addition to free play, the facility also offers one on one services to individuals with autism and an after school club. During one on one class sessions children participate in staff directed activities (story time, music time, arts and craft), and may or may not require a parent to be present. The “after school club” functions like a daycare where parents are not present and children are picked up at a specified time. A condition related to pick-up and drop offs has been included into the resolution. The gymnasium currently operates in various locations throughout Los Angeles. The proposed hours of operation for the business are 9:00 a.m. – 7:00 p.m., Monday – Sunday. The applicants anticipate up to 25 patrons at any given time. Staff will total 2 at any given time. The site has 19 parking spaces located throughout the parcel, but 20 spaces are required per the Downey Municipal Code. It was determined through the remodeling of the site that 19 parking spaces is legally non-conforming at a ratio of 1 parking space per every 250 square feet of floor area. The required parking for the Commercial Recreation facility is less restrictive at a Tenant Space PC Agenda Page 2 PLN-17-00202 – 8315 Firestone Blvd. March 21, 2018 - Page 3 ratio of 1 parking space per 300 square feet of floor area. Per the Downey Municipal Code (Section 9728), a change of use that would result in a less restrictive parking requirement would not require additional parking spaces to be provided. Therefore, the spaces currently on site are sufficient for the new proposed use. Aside, all other applicable development standards are conforming to the municipal code. Lastly, although the property is adjacent to residentially developed parcels, no impacts are anticipated related to noise levels. This is primarily because the hours of operation function outside early morning and late night hours, and are consistent with regular business hours. Regardless of the facilities close proximity to residential properties, the activities that occur on site should not generate a nuisance related to noise. The site is designed as a “sensory safe” space, which includes reduced noise, in order to mitigate potential triggers for children with autism. DEVELOPMENT REVIEW COMMITTEE On May 17, 2018, the Development Review Committee (DRC) discussed and evaluated the project as it pertains to Planning, Police, Fire, Public Works, and Building and Safety matters. No department expressed major concerns or opposition over the project, and issued standard conditions. Recommended conditions of approval have been included in the attached Resolution. 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. It is staff’s opinion that the project is consistent with all applicable goals and policies specified in the City’s General Plan, as well as policies stated in the Downey Municipal Code. Furthermore, the project should not provide a nuisance related to public convenience or general welfare to any nearby persons. Rather, the project’s main object to provide recreational services to the community helps achieve long term goals in the city’s General Plan. The following policies are promoted by the proposed CUP: City Value – To provide excellent housing, educational, employment, and recreational opportunities. PC Agenda Page 3 PLN-17-00202 – 8315 Firestone Blvd. March 21, 2018 - Page 4 Program 1.1.5.3 – Promote recreation and entertainment uses that serve needs of the public. The CUP promotes the above policies by introducing a unique commercial recreation facility that is scarce within the city. Specifically, the business will cater to individuals with autism, and ultimately the kid’s gymnasium will allow more recreational options for residents that have very limited options. 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 use will be compatible with, and intends to compliment, other uses on the same lot and nearby areas. Furthermore, similar small recreational uses are common in commercial zones and a kid’s gymnasium is not detrimental to the integrity of a commercial zone. Staff does not anticipate adverse impacts as a result of approval specifically because the new use will take place within an existing building. Conditions of approval have been incorporated in an effort to ensure compatibility with existing and future uses, as well as mitigate any potential impacts. Lastly, a commercial recreation facility is allowed in the C-2 zone, per the approval of a conditional use permit. 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 request for the proposed scope of work does not include changes to the buildings square footage, rather changes are limited to the interior of the building. The changes proposed in this application do not warrant a need for additional accommodations to the site. In addition, the project is in full compliance with the Downey Municipal Code, including adequate parking requirements. The proposed work does not create alterations that would restrict future permitted uses from occupying the site or an existing use located within the nearby area from altering their operations. Therefore, 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. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed request is not anticipated to generate significant traffic impacts. All parking needs will be met on site. In addition, Paramount Boulevard (an arterial street) is designed to accommodate substantially more traffic than what will be generated by this application request. The three separate driveways also allow different opportunities for ingress/egress of the site, and disperse traffic. Therefore, traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. PC Agenda Page 4 PLN-17-00202 – 8315 Firestone Blvd. March 21, 2018 - Page 5 CONCLUSION Based on the analysis contained within this report, staff is concluding that the proposed Conditional Use Permit (PLN-18-00084) aims to provide an additional source of recreation for various members within the community. Furthermore, staff is concluding that all findings required for approval can be made in a positive manner. Staff recommends that the Planning Commission approve the Conditional Use Permit (PLN-18-00084), thereby allowing a Commercial Recreation use within the C-2 zone. EXHIBITS A. Maps B. Draft Resolution C. Plans PC Agenda Page 5 PLN-17-00202 – 8315 Firestone Blvd. March 21, 2018 - Page 6 EXHIBIT A LOCATION MAP AERIAL PHOTOGRAPH Subject Site PC Agenda Page 6 PLN-17-00202 – 8315 Firestone Blvd. March 21, 2018 - Page 7 ZONING MAP Subject Site PC Agenda Page 7 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT (PLN-18-00084) TO ALLOW THE OPERATION OF A KID’S INDOOR PLAY GYM ON PROPERTY LOCATED AT 12212 PARAMOUNT BOULEVARD, ZONED 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. An application was filed by Evelyn Villarreal (hereinafter referred to as “the Applicant”) on May 9, 2018, requesting approval of a Conditional Use Permit (PLN-18-00084) to allow the operation of a kid’s indoor play gym on property located at 12212 paramount boulevard, zoned C-2 (general commercial); and, B. The application was deemed complete on June 7, 2018; and, C. On July 19, 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 August 1, 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. 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 project is consistent with all applicable goals and policies specified in the City’s General Plan, as well as policies stated in the Downey Municipal Code. Furthermore, the project should not provide a nuisance related to public convenience or general welfare to any nearby persons. Rather, the project’s main object to provide recreational services to the community helps achieve long term goals in the city’s General Plan. The following policies are promoted by the proposed CUP: City Value – To provide excellent housing, educational, employment, and recreational opportunities. Program 1.1.5.3 – Promote recreation and entertainment uses that serve needs of the public. PC Agenda Page 8 Resolution No. Downey Planning Commission PLN-18-00084 – 12212 Paramount Blvd. August 1, 2018 - Page 2 The CUP promotes the above policies by introducing a unique commercial recreation facility that is scarce within the city. Specifically, the business will cater to individuals with autism, and ultimately the kid’s gymnasium will allow more recreational options for residents that have very limited options. 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 use will be compatible with, and intends to compliment, other uses on the same lot and nearby areas. Furthermore, similar small recreational uses are common in commercial zones and a kid’s gymnasium is not detrimental to the integrity of a commercial zone. Staff does not anticipate adverse impacts as a result of approval specifically because the new use will take place within an existing building. Conditions of approval have been incorporated in an effort to ensure compatibility with existing and future uses, as well as mitigate any potential impacts. Lastly, a commercial recreation facility is allowed in the C-2 zone, per the approval of a conditional use permit. 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 request for the proposed scope of work does not include changes to the buildings square footage, rather changes are limited to the interior of the building. The changes proposed in this application do not warrant a need for additional accommodations to the site. In addition, the project is in full compliance with the Downey Municipal Code, including adequate parking requirements. The proposed work does not create alterations that would restrict future permitted uses from occupying the site or an existing use located within the nearby area from altering their operations. Therefore, 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. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The proposed request is not anticipated to generate significant traffic impacts. All parking needs will be met on site. In addition, Paramount Boulevard (an arterial street) is designed to accommodate substantially more traffic than what will be generated by this application request. The three separate driveways also allow different opportunities for ingress/egress of the site, and disperse traffic. Therefore, traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. 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- 18-00084), 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. PC Agenda Page 9 Resolution No. Downey Planning Commission PLN-18-00084 – 12212 Paramount Blvd. August 1, 2018 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of August, 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 1st day of August, 2018 , by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ____________________________ Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 10 Resolution No. Downey Planning Commission PLN-18-00084 – 12212 Paramount Blvd. August 1, 2018 - Page 4 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (PLN-18-00084) PLANNING 1) The approval of Conditional Use Permit (PLN-18-00084) permits the operation of a 2,877 square foot Commercial Recreation facility within a 6,021 square foot commercial building on property located at 12212 Paramount Boulevard and zoned C-2 (General Commercial). 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 Sunday from 9:00 a.m. to 7:00 p.m. 7) All signage must comply with the regulations set forth in the Downey Municipal Code. The owner/applicant shall obtain Planning and Building approval prior to the erection of any signs. 8) All activities associated with the business shall take place entirely within the building. 9) When drop-offs occur, children must be walked into (from vehicle to building) and out of the facility (from building to vehicle) by a parent or guardian. There shall be no “Curbside” drop-off/pick-up. PC Agenda Page 11 Resolution No. Downey Planning Commission PLN-18-00084 – 12212 Paramount Blvd. August 1, 2018 - Page 5 BUILDING 10) All construction shall comply with the most recent adopted City and State building codes: a) 2016 California Building Code b) 2016 California Electrical Code c) 2016 California Mechanical Code d) 2016 California Plumbing Code e) 2016 California Fire Code f) 2016 California Green Code 11) Special Inspections – As indicated by California Building Code Section 1704, the owner shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1704. Please contact the Building Division at time of plan submittal to obtain application for special inspections. 12) The Title Sheet of the plans shall include: a) Occupancy Group b) Occupant Load c) Description of use d) Type of Construction e) Height of Building f) Floor area of building(s) and/or occupancy group(s) 13) The project design will conform with energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption such as flow restrictors for toilets, low consumptions light fixtures, and insulation and shall use to the extent feasible draught landscaping. 14) A design professional will be required at time of construction drawings, to prepare plans for proposed improvements per the Business and Professions’ Code. 15) Public and private site improvements shall be designed in accordance with the Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan shall include a site accessibility plan identifying exterior routes of travel and detaili ng running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and truncated domes. Path of travel shall be provided from the public right of way and accessible parking to building. The design professional shall ensure that the site accessibility plan is compliance with the latest Federal and State regulations. FIRE 16) Provide sufficient information on plans regarding Occupancy Type, Construction Type, Occupant Load as to determine if deferred automatic fire sprinkler system and fire alarm and detection systems shall be required [CA Fire Code §903; 907]. 17) The automatic fire sprinkler system design, installation, and testing shall be per NFPA 13; and system shall be monitored for water flow. 18) If required fire alarm and detection system design, installation, and testing shall be per NFPA 72. PC Agenda Page 12 Resolution No. Downey Planning Commission PLN-18-00084 – 12212 Paramount Blvd. August 1, 2018 - Page 6 19) Premises shall be appropriately addressed. An approved address identification shall be provided that is legible and placed in a position that is visible from the street/road. Sizing shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code §505.1]. 20) Provide key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1]. 21) Interior equipment (e.g. trampoline, climbing wall), and other floor, wall, and ceiling coverings shall meet requirements for flame spread and smoke development in accordance with ASTM E84, UL 723, NFPA 286 [CA Fire Code §803; 804; 807]. Supporting documents shall be furnished to Downey Fire upon request indicating said equipment and interior coverings meet code requirements. 22) All other construction / tenant improvement shall adhere to requirements of CA Fire and Building Codes for egress, egress sizing, exit signs, emergency illumination, etc. END OF CONDITIONS PC Agenda Page 13 1 2 3 4 5 8 9 11 12 13 6 7 10 19 18 17 16 15 14 2% slope Max. @Any Direction M A X . S L O P E 1 : 1 2 MAX. SLOPE 1:12 SI D E W A L K A - SHEET NO: JOB NO: DATE: DRAWN BY: APPROVED BY: STAMP SH E E T T I T L E : AR C H I T E C T : OW N E R A N D P R O J E C T A D D R E S S : SU B M I T T A L D A T E S : OW N E R : PL A N C H E C K : O. T . B . NO . DA T E R E V I S I O N S NO . DA T E 321 654 TH E U S E O F T H E S E P L A N S A N D S P E C I F I C A T I O N S S H A L L B E R E S T R I C T E D T O T H E O R I G I N A L S I T E F O R W H I C H T H E Y W E R E P R E P A R E D A N D P U B L I C A T I O N T H E R E O F I S E X P R E S S L Y L I M I T E D T O S U C H U S E , R E U S E , R E P R O D U C T I O N O R P U B L I C A T I O N B Y A N Y M E T H O D , I N W H O L E O R I N P A R T I S P R O H I B I T E D . T I T L E T O T H E P L A N S A N D S P E C I F I C A T I O N S R E M A I N S W I T H T H E A R C H I T E C T , WI T H O U T P R E J U D I C E V I S U A L C O N T A C T W I T H T H E S E D O C U M E N T S S H A L L C O N S T I T U T E P R I M A F A C I E E V I D E N C E O F T H E A C C E P T A N C E O F T H E S E R E S T R I C T I O N S A0.02 A C F.M. FA R Z I N M A L Y Ph : 8 1 8 7 7 0 0 1 6 1 E m a i l : f a r z i n . m a l y @ g m a i l . c o m CA , 9 1 3 6 4 PR O P O S E D S I T E P L A N P.M. 16 2 0 0 V E N T U R A B L V D . # 3 2 1 E N C I N O DO W N E Y P A R A M O U N T L L C . 12 2 0 2 P A R A M O U N T A V E DO W N E Y , C A , 9 0 2 4 2 1 1 1 15.037 01. 13. 16 01 . 1 3 . 1 6 Tenant Space 12212 Paramount Blvd. P C A g e n d a P a g e 1 4 T e n a n t S p a c e - 1 2 2 1 2 P a r a m o u n t B l v d . P C A g e n d a P a g e 1 5 PC Ag e n d a Pa g e 16