HomeMy WebLinkAboutPC Reso 18-3078RESOLUTION NO. 18-3078
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT (PLN -18-00161), THEREBY ALLOWING A
COMMERCIAL RECREATION USE (FITNESS STUDIO) TO OPERATE ON PROPERTY
LOCATED AT 7340 FIRESTONE BOULEVARD, SUITE 133 AND 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 Cesar Salas (hereinafter referred to as "the Applicant")
on October 8, 2018, requesting approval of a Conditional Use Permit (PLN -18-
00161) to allow the operation of a fitness studio on property located at 7340
Firestone Boulevard, Suite 133, zoned C-2 (General Commercial); and,
B. Staff deemed the application incomplete on November 7, 2018. The Applicant
submitted the requested materials on November 16, 2018. Staff deemed the
application complete on November 16, 2018; and,
C. On November 21, 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 December 5,
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.
Resolution No. 18-3078
Downey Planning Commission
Program 1.1.5.3 — Promote recreation and entertainment uses that serve needs of the
public.
The CUP promotes the above policies by introducing an additional commercial recreation
use within the city. Specifically, it will diversify and add to the amount of recreational
opportunities available to community members.
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 recreational uses are common in commercial zones and
already exist within the same lot. Adverse impacts are not anticipated as a result of
approval because the new use will take place within an existing building and additional
parking accommodations are not required. 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 use 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 building's
square footage, and no additional accommodations are required for the use to operate
on site. 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. In addition, the project is in full compliance with the
Downey Municipal Code. 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, Firestone
Boulevard (an arterial street) and Old River School Road are designed to accommodate
substantially more traffic than what will be generated by this application request. The four
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 -00161), 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 -18-00161 — 7340 Firestone Blvd.
December 5, 2018 - Page 2
Resolution No. 18-3078
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of December, 2018.
�!'COL.y
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 5th day of December,
2018 , by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Duarte, Frometa, Dominguez and Owens
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Cavanagh, Secretary
City Planning Commission
PLN -18-00161 — 7340 Firestone Blvd.
December 5, 2018 - Page 3
Resolution No. 18-3078
Downey Planning Commission
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN -18-00161)
PLANNING
1) The approval of Conditional Use Permit (PLN -18-00161) permits the operation of a 1,830
square foot Commercial Recreation use (fitness studio) on property located at 7340
Firestone Boulevard, Suite 133 and zoned C-2 (General Commercial).
2) Resolution No. 15-2916 for the approval of a fitness studio at 7340 Firestone Boulevard,
Suite 131, is null and void with the approval of this resolution.
3) 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.
4) 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.
5) 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.
6) 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.
7) The permitted hours of operation of the business are:
Monday — Thursday: 9:00 a.m. — 9:00 p.m.
Friday: 9:00 a.m. — 6:00 p.m.
Saturday: 10:00 a.m. —12:00 p.m.
8) The entrance and exit doors must remain shut during hours of operation.
9) No amplified music is allowed at any hour of the day.
PLN -18-00161 — 7340 Firestone Blvd.
December 5, 2018 - Page 4
Resolution No. 18-3078
Downey Planning Commission
10) 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.
11) All activities associated with the business shall take place entirely within the approved
tenant space. The use of the parking lot, landscape areas, sidewalks, and/or right-of-way
is prohibited.
BUILDING
12) 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
13) 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)
14) 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.
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.
16) Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
FIRE
17) Premises shall be appropriately addressed (including suite number posted and visible).
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].
18) Provide key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code §506.1].
PLN -18-00161 — 7340 Firestone Blvd.
December 5, 2018 - Page 5
Resolution No. 18-3078
Downey Planning Commission
19) Provide correct occupancy use and type - maximum occupancy load required to
determine if deferred automatic fire sprinkler and alarm plans submittal shall be required
[CA Fire Code §903.2.1.3; 907.2.1]. The automatic fire sprinkler system design,
installation, and testing shall be per NFPA 13 [CFC § 903]. Automatic fire sprinkler
system shall be monitored for water flow (if building already equipped with automatic fire
sprinkler then any suite TI work effecting the fire sprinklers shall be conducted under
permit [CA Fire Code §105.7.1]).
20) Provide correct occupancy use and type. Occupancy load shall be limited to what is
required for the occupancy use and type [CA Fire Code §1004].
21) If required fire alarm and detection system design, installation, and testing shall be per
NFPA 72 [CFC § 907] (Note: if building already equipped with fire alarm and detection
system, then any suite TI work effecting the fire alarm system shall be conducted under
permit [CA Fire Code §105.7.6].
22) All other TI construction shall adhere to requirements of CA Fire and Building Codes for
egress, exit signs, emergency illumination, etc.
23) 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.
24) Non -tactile exit signs SHALL be illuminated as set forth in CA Building and Fire Codes
[CA Fire Code §1013].
25) Provide specifications (e.g. test reports) on any training mats to be used. Mats used as
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].
26) A portable, appropriately sized (minimum 2-A 20-13C) fire extinguisher shall be provided
[CA Fire Code §906.1].
END OF CONDITIONS
PLN -18-00161 — 7340 Firestone Blvd.
December 5, 2018 - Page 6