HomeMy WebLinkAboutPC Reso 18-3062RESOLUTION NO. 18-3062
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.
Resolution No. 18-3062
Downey Planning Commission
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.
PLN -18-00084 —12212 Paramount Blvd.
August 1, 2018 - Page 2
Resolution No. 18-3062
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of August, 2018.
pedLc���
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:
Dominguez, Duarte, Frometa and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Flores
ABSTAIN:
COMMISSIONERS:
None
Mary CpV agh, Secretary
City Pla'Driing Commission
PLN -18-00084 — 12212 Paramount Blvd.
August 1, 2018 - Page 3
Resolution No. 18-3062
Downey Planning Commission
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.
PLN -18-00084 —12212 Paramount Blvd.
August 1, 2018 - Page 4
Resolution No. 18-3062
Downey Planning Commission
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
D
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 detailing
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
PLN -18-00084 —12212 Paramount Blvd.
August 1, 2018 - Page 5
Resolution No. 18-3062
Downey Planning Commission
NFPA 72.
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
PLN -18-00084 — 12212 Paramount Blvd.
August 1, 2018 - Page 6