HomeMy WebLinkAboutPC Reso 10-2661RESOLUTION NO. 10-2661
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -10-08058),
THEREBY ALLOWING A FITNESS CENTER/BEAUTY SALON (WITH
TANNING ROOM) ON PROPERTY LOCATED AT 8036 THIRD STREET,
ZONED C-3, D -P (CENTRAL BUSINESS DISTRICT, DOWNTOWN PLAN
OVERLAY).
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. August 11, 2010, the applicant submitted an application for a Conditional Use Permit,
to allow the proposed fitness studio/beauty salon; and,
B. On September 2, 2010, staff deemed the application complete; and,
C. On September 3, 2010, notice of the pending application was mailed to all property
owners within 500' of the subject site and published in the Long Beach Press -Telegram;
and,
D. The Planning Commission held a duly noticed public hearing on September 15, 2010
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing adopted this resolution, subject to conditions
of approval (Exhibit A).
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).
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:
1. The requested Conditional Use Permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood thereof. The subject is
within the Mixed Use General Plan Land Use Designation, which is implemented with
the Downtown Overlay Zone. One of the ways that the Downtown Plan implements
the General Plan is to provide needed resources to surrounding residential and
commercial uses. Since the proposed provides a needed service to the surrounding
residential areas, it assists with implementing the General Plan.
2. 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 subject site
is in a fully developed area of the City, with little to no vacant properties in the
immediate area. Inasmuch as the proposed use will occupy an existing tenant space
(no additions to the building are being proposed), this use will not prevent
surrounding properties from being developed/redeveloped. Notwithstanding this,
several conditions of approval are being imposed to prevent the use from being a
burden onto others. These conditions are necessary to avoid any adverse affects on
the adjoining properties.
Resolution No. 10-2661
Downey Planning Commission
3. 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.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. . The surrounding streets and highways in the area
have sufficient capacity to accommodate the minimal increase in traffic that might be
generated by the business.
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 the Conditional
Use Permit (PLN -10-08058), subject to 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 15th day of September, 2010.
Robert Kiefer, Vice= 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 15th day of
September, 2010, by the following vote, to wit:
AYES: COMMISSIONERS: Vasquez, Lambros, Murray, Kiefer
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Morales
Da �
Theresa Donahue, Secretary
City Planning Commission
Conditional Use Permit (PLN -10-08058) — 8036 Third Street
September 15, 2010 - Page 2
Resolution No. 10-2661
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -10-08058)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit (PLN -10-08058) permits the operation of a
fitness studio/beauty salon with a tanning room and juice bar at 8036 Third Street.
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) All conditions of approval set forth in this resolution shall be complied with before the
Conditional Use Permit becomes valid.
5) The convenience store shall be permitted to operate 8:00 a.m. until 8:00 p.m., seven (7)
days a week.
6) There shall be no alcohol sales at the juice bar.
7) The tanning bed shall be remote operated from the reception desk. No employee shall
be allowed in the tanning room while a customer is tanning.
8) Only prepackaged food and factory sealed drinks may be sold at the juice bar. There
shall be no sink or food prepared on site.
9) All signs shall comply with the requirements set forth in the Downey Municipal Code.
10) A copy of the Conditional Use Permit shall be prominently posted on the premises at all
times. The applicant shall make available said copies upon request by any Police
Officer or other City official charged with the enforcement of the City's laws, ordinances,
or regulations.
BUILDING
11) All construction shall comply with the 2007 California Building Code and Title 24 of the
California Energy Code.
12) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
FIRE
13) All construction shall comply with the 2007 California Fire Code.
14) Based on the permit valuation of the submitted plans the following may be required:
a) Fire Sprinkler System
b) Fire Alarm System.
Conditional Use Permit (PLN -10-08058) — 8036 Third Street
September 15, 2010 - Page 3
Resolution No. 10-2661
Downey Planning Commission
PUBLIC WORKS
15) The applicant shall install all new utilities associated with this project underground
16) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub -standard curb,
gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage,
shall be replaced to the satisfaction of the Public Works Department. Please contact the
Public Works Inspection Office at (562) 904-7110 to have these areas identified on the
plans just prior to applying for a Building Permit. The owner/ applicant shall obtain all
necessary plan approvals and permits and shall provide that the standards of
improvements, construction materials, and methods of construction shall be in
conformance with the Standard Plans and Specification for Public Works Construction
and as modified by the City of Downey's Standard Plans and Specifications.
17) Any construction activity within the scope of work of this project shall comply with the
National Pollutant Discharge Elimination System (NPDES) requirements of the Federal
Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the
State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County
Department of Public Works, and Ordinance 1142 of the Downey Municipal Code.
18) Prior to final of building permits, the applicant shall remove all construction graffiti
created as part of this project from the public right of way and on the subject site.
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Conditional Use Permit (PLN -10-08058) — 8036 Third Street
September 15, 2010 - Page 4