HomeMy WebLinkAbout3. PLN-18-00128 11012 - DowneySTAFF REPORT
PLANNING DIVISION
DATE: OCTOBER 3, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: PLN-18-00128 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
THE OPERATION OF A COMMERCIAL MARTIAL ARTS STUDIO
(COMMERCIAL RECREATION FACILITY)
LOCATION: 11012 DOWNEY AVENUE
ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN (DDSP)
REPORT SUMMARY
Marc Shelton (hereinafter “Applicant”) is requesting to operate a martial arts studio, at property
located at 11012 Downey Avenue. Pursuant to the Downtown Downey Specific Plan (DDSP),
the operation of a martial arts 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-18-00128) TO ALLOW THE OPERATION
OF A MARTIAL ARTS STUDIO ON PROPERTY LOCATED AT 11012
DOWNEY AVENUE, ZONED DOWNTOWN DOWNEY SPECIFIC PLAN
BACKGROUND
The subject site is located on the east side of Downey Avenue, between 2nd Street and 3rd
Street. The subject property measures 10,795 square feet and is improved with a 8,515 square-
foot building. The Applicant is proposing to operate a martial arts studio, within a 1,300 square-
foot tenant space. The subject property is zoned DDSP and has a General Plan Land Use
Designation of Mixed Use. The surrounding uses include the former Avenue Theater to the east
and south, U.S. Bank to the north, and the Masonic Temple to the west.
PC Agenda Page 1
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 2
View from Downey Avenue
On August 9, 2018, the Applicant submitted an application for a Conditional Use Permit to
operate a martial arts studio at 11012 Downey Avenue. The application was reviewed and
deemed complete on September 7, 2018. On September 20, 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 Applicant has indicated that the martial arts studio (Academy) will be providing Brazilian Jiu
Jitsu (BJJ) instruction. Brazilian Jiu Jitsu a martial art and combat sport system that focuses on
grappling and ground fighting. Instruction will be conducted by an instructor and an assistant
and will average approximately 20 students per class. The business will also include a gym
manager to handle accounting.
The Academy plans to offer the following schedule:
Monday – Friday:
o Children’s Classes: 4:00 p.m. – 5:00 p.m. and 5:00 p.m. – 6: 00 p.m.
o Adult Classes: 6:00 p.m. – 7:00 p.m. and 7:00 p.m. – 8:00 p.m.
o Open Mat and Discussion: 8:00 p.m. – 9:00 p.m.
Weekends:
o Woman Only Class: 9:00 a.m. – 10:00 a.m.
o Children’s Class: 10:00 a.m. – 11:00 a.m.
o Adult Class: 11:00 a.m. – 12:00 p.m.
o Open Mat and Discussion: 12:00 p.m. – 1:00 p.m.
However, the applicant has indicated that he would like the option to open from 6:00 a.m. to
9:00 p.m., Monday through Friday, and 6:00 a.m. to 3:00 p.m. on the weekends to schedule
private one-on-one sessions, as well as possibly offering a combination of BJJ-Yoga classes in
the future, however, those classes have not been finalized at this time. Therefore, staff has
included a condition of approval that limits the hours of operation as follows:
PC Agenda Page 2
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 3
Monday – Friday: 6:00 a.m. – 9:00 p.m.
Saturday and Sunday: 6:00 a.m. – 3:00 p.m.
The proposed floor plan includes a large training area (approximately 510 square feet), with
portable mats. The studio will also include a visitor seating area, and employee room, and a
unisex restroom. Since this is a martial arts studio, a large portion of the space is devoted to the
training area. There will be no additional gym equipment. The applicant indicated that the noise
level associated with BJJ is not as high as that of a stand-up style of martial art, such as Karate
and Tae Kwon Do, where the noise level of the activities is a bit higher, and is thus not adding
any additional sound attenuation measures to the tenant space. While there are no residential
facilities within close proximity to the subject site, in order to minimize any potential noise
impacts on adjacent businesses, staff is recommending that the doors must be closed during
operating hours and that the business complies with Chapter 6 (Unnecessary Noises) of Article
IV of the Downey Municipal Code.
The building occupies the entire site, leaving no on-site parking. Notwithstanding this,
Downtown Downey is designed with a park once system, which encourages pedestrian scale
and activating the streetscape. When new uses (in this case, the martial arts studio) increases
the demand for parking above the former use in the building (vitamin and supplement store), the
applicant is then required to provide either all parking on-site, obtain parking waivers, or obtain
approval of an off-site parking agreement. The parking requirement within the Downtown
Downey Specific Plan for the former vitamin and supplement store is the same as the proposed
martial arts studio, which is one 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, according to the requirements of the Specific Plan, the applicant is not required to
obtain parking waivers or an off-site parking agreement. The employees and patrons will be
able to take advantage of the ample amount of available public parking in the downtown area.
While the Academy proposes to keep all instruction within the tenant space, similar uses such
as fitness studios commonly use parking lots and sidewalks to execute their workouts. In order
to prevent this, a condition has been placed that all of the operations associated 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. In addition, staff has added a condition that requires that all
visitor seating be accommodated within the tenant space.
DEVELOPMENT REVIEW COMMITTEE
The City’s Development Review Committee reviewed the proposed Conditional Use Permit on
August 23, 2018. The Fire Department and Building Departments included requirements for the
improvement of the tenant space, which have been added as conditions approval. No other
departments had any concerns.
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.
PC Agenda Page 3
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 4
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 martial arts 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. This includes retail, restaurants, residential, and residential
serving needs (such as exercise facilities) within a pedestrian oriented environment.
Staff is of the opinion that the proposed martial arts studio will serve the needs of the
Downtown area by adding to the variety of commercial options found in Downtown which
are within walking distance to the current and future multi-family developments in the
Downtown 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 martial arts 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 or tenant space is not being expanded. Since the
martial arts 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 proposed use will be contained within an existing tenant space and does not require
an expansion of the building. Even though the proposal includes very minor tenant
improvements, it is staff’s belief that these improvements will not impact the existing
uses on the site or other properties in the area. As such, staff believes that the subject
site has sufficient shape and size to accommodate the proposed use and that this
finding can be adopted.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The subject site is within the downtown area of the city. Staff has reviewed the proposal
and any potential increase in traffic caused by operation of the business. It is staff’s
opinion that the surrounding streets and highways in the area have sufficient capacity to
accommodate the minimal increase in traffic that might be generated by the martial arts.
Additionally, the subject site is located within the Downtown Downey Specific Plan which
encourages pedestrian walkability. Although the martial arts studio may generate more
activity, this use promotes the park-once atmosphere outlined as a goal within the
PC Agenda Page 4
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 5
Downtown Downey Specific Plan. As such, staff believes that this finding can be
adopted.
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 martial
arts studio, subject to the conditions of approval.
EXHIBITS
A. Maps
B. Draft Resolution
C. Plans
PC Agenda Page 5
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 6
EXHIBIT A
LOCATION MAP
ZONING MAP
PC Agenda Page 6
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 7
AERIAL PHOTOGRAPH
PC Agenda Page 7
RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION APPROVING A
CONDITIONAL USE PERMIT (PLN-18-00128) TO ALLOW THE OPERATION
OF A MARTIAL ARTS STUDIO ON PROPERTY LOCATED AT 11012 DOWNEY
AVENUE, ZONED 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 Marc Shelton (hereinafter referred to as “the
Applicant”) on August 9, 2018, requesting approval of a Conditional Use Permit
(PLN-18-00128) to allow the operation of a martial arts studio on property located
at 11012 Downey Avenue and zoned Downtown Downey Specific Plan (DDSP);
and,
B. The application was deemed complete on September 7, 2018; and,
C. On September 20, 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 October 3, 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
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 martial arts
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.
This includes retail, restaurants, residential, and residential serving needs (such as
exercise facilities) within a pedestrian oriented environment. The proposed martial arts
studio will serve the needs of the Downtown area by adding to the variety of commercial
options found in Downtown which are within walking distance to the current and future
multi-family developments in the Downtown 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 martial arts
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 or
PC Agenda Page 8
Resolution No. 18-
Downey Planning Commission
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 2
tenant space is not being expanded. Since the martial arts 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
proposed use will be contained within an existing tenant space and does not require an
expansion of the building. Even though the proposal includes very minor tenant
improvements, these improvements will not impact the existing uses on the site or other
properties in the area. Thus, subject site has sufficient shape and size to accommodate
the proposed use and that this finding can be adopted.
D. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The subject site is within the downtown area of the city.
Staff has reviewed the proposal and any potential increase in traffic caused by operation
of the business. The surrounding streets and highways in the area have sufficient
capacity to accommodate the minimal increase in traffic that might be generated by the
martial arts studio. Additionally, the subject site is located within the DDSP which
encourages pedestrian walkability. Although the martial arts studio may generate more
activity, this use promotes the park-once atmosphere outlined as a goal within the DDSP.
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-
18-00128), 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.
PASSED, APPROVED AND ADOPTED this 3rd day of October 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 3rd day of October
2018, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 9
Resolution No. 18-
Downey Planning Commission
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 3
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-18-00128)
PLANNING
1) The approval of Conditional Use Permit (PLN-18-00128) permits the operation of a
martial arts studio within a 1,300 square-foot tenant space, located within an existing
8,515 square-foot building on property located at 11012 Downey Avenue 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 hours of operation shall be limited to the following:
Monday – Friday: 6:00 a.m. – 9:00 p.m.
Saturday and Sunday: 6:00 a.m. – 3:00 p.m.
7) The main/front door shall remain unlocked and accessible to customers at all times
during business hours. The rear and front doors shall be installed with a self-closing
hinge and shall not remain propped open; these doors shall remain closed at all times,
except for ingress/egress purposes.
8) The application of window tint or other darkening treatments shall be prohibited.
PC Agenda Page 10
Resolution No. 18-
Downey Planning Commission
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 4
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) There shall be no visitor chairs, tables or other waiting area placed outside of the
establishment.
12) The business shall comply with the City of Downey’s noise ordinance. This shall not
include noise that is exempt from the City’s noise ordinance. Upon receiving complaints
regarding noise levels, the Director of Community Development may order the
preparation of a noise study. The cost of said noise study shall be paid by the business
owner. All mitigation measures identified in the noise study shall be implemented and
become part of this Conditional Use Permit and shall have the force of conditions of
approval.
PUBLIC WORKS
13) The owner/applicant shall obtain permits for any work done within the public right-of-way.
14) The owner/applicant shall deploy Best Management Practices during and after
construction.
15) If any hazardous material is encountered on the site that has the potential to reach the
ground water supply, the owner/applicant shall secure a permit for the State Regional
Water Quality Control Board.
16) The owner/applicant must comply with all applicable Federal, State and local rules and
regulations, American Disabilities Act (ADA), including compliance with South Coast Air
Quality Management District (SCAQMD) regulations.
17) Owner/applicant shall complete a construction & demolition (C&D) waste management
plan per Article V, Chapter 8 of the Downey Municipal Code.
BUILDING
18) All construction shall comply with the most recent version of the California Building Code,
as adopted by the City of Downey.
19) 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
20) The applicant shall provide the correct occupancy use and type (Business Group B
Occupancy. Occupancy load shall be limited to what is required for the occupancy use
PC Agenda Page 11
Resolution No. 18-
Downey Planning Commission
PLN-18-00128 – 11012 Downey Ave.
October 3, 2018 - Page 5
and type [CA Fire Code §1004]. The rear egress may not be used to achieve Assembly
Group A occupancy as this rear egress is through an intervening space.
21) Egress shall be designed to meet requirements of CA Building Code and Chapter 10 of
the CA Fire Code for occupant load, number of egresses, egress sizing, etc.
22) 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]
23) Non-tactile exit signs shall be illuminated as set forth in California Building and Fire
Codes [CA Fire Code §1013].
24) The applicant shall provide specifications (e.g. test reports) on training mats. Mats used
a floor coverings shall be of Class I or II materials in accordance with NFPA 253
(Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a
Radiant Heat Energy Source) [CA Fire Code §804].
25) A portable, appropriately sized (minimum 2-A 20-BC) fire extinguisher shall be provided
[CA Fire Code §906.1].
END OF CONDITIONS
PC Agenda Page 12