HomeMy WebLinkAboutPC Reso 10-2682RESOLUTION NO. 10- 2682
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
DENYING PLN -10-08082 (CONDITIONAL USE PERMIT) - A REQUEST TO
OPERATE A ZUMBA FITNESS DANCE STUDIO AT 7300-7306 FIRESTONE
BOULEVARD, ON PROPERY ZONED C-2 (GENERAL COMMERCIAL ZONE
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. On September 3, 2010, Mr. Manuel Lopez (hereinafter "Applicant") filed a
Planning Application to request approval of a conditional use permit (PLN Case
No. 10-08082) to establish a "Zumba" fitness dance studio at 7300-7306
Firestone Lakewood Boulevard (hereinafter "subject property").
B. The subject property is zoned C-2 (General Commercial.
C. The General Plan designation of the subject property is GC (General
Commercial).
D. On October 22, 2010, notice of the pending public hearing was sent to all
property owners within 500' of the subject site and the notice was published in the
Downey Patriot on October 21, 2010.
E. The Planning Commission held a duly noticed public hearing on November 3,
2010, and, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, adopted Resolution No. 10-2682,
deny PLN -10-08082.
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
comply 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, pursuant with Section 9824 of the Downey Municipal Code, the Planning
Commission further finds, determines and declares that:
A. The requested conditional use permit for a Zumba exercise and fitness studio will
adversely affect the purpose and intent of the Downey Municipal Code, because
the proposed use exceeds the parking standards for the subject site and because
the proposed use will generate noise levels that could affect surrounding uses
and properties. The Downey General Plan, Vision 2025, established a goal to
minimize noise impacts on sensitive land uses. The Zumba workout sessions
require loud music, which will generate unacceptable noise levels. The proposed
use requires 75 parking spaces, an amount that is significantly greater than the
Code requires for a building of this size and center was designed to
accommodate.
Resolution No. 10-2682
Downey Planning Commission
B. The requested conditional use permit for an exercise and fitness studio will
adversely affect the adjoining land uses, because the loud music Zumba requires
will generate high noise levels throughout the day that will adversely affect
adjacent tenants in the shopping center and other land uses in the immediate
area. The subject site was developed as a shopping center and meets the
development standards for uses in the C-2 zone; however, the requested use
requires significantly more parking spaces than the shopping center has
available.
C. The size and shape of the site are not adequate to allow the project in a manner
not detrimental to the particular area because the proposed use requires 56 more
parking spaces than the previous use in this space needed and 41 more spaces
than the subject property has available. The location for the proposed use is in
close proximity to other tenants and to residential developments to the south,
which makes noise impacts unavoidable.
D. The traffic generated by the proposed could impose an undue burden upon the
streets and highways in the area. A major arterial street (Firestone Boulevard), a
secondary arterial street (Old River School Road, and a collector street (Arnett
Street), border West Downey Plaza Shopping Center. Firestone Boulevard
provides immediate access to the Interstate 710 Long Beach Freeway and the
Interstate 605 San Gabriel River Freeway and serves a through route for traffic
passing east and west through the City. Firestone Boulevard has sufficient
capacity to absorb any additional traffic the requested use may create.
Nevertheless, the proposed use has the potential to impact traffic circulation in
the area due to the significant number of automobiles trying to enter the subject
site in time for a training session.
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 denies PLN -10-08082
(Conditional Use Permit.
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day Of Nove}nber'Q10.
is ivloraies, ,unairman
Planning -Commission
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
November 2010, by the following vote, to wit:
AYES: Commissioners: Lambros, Kiefer, Morales
NOES: Commissioner: None
ABSENT: Commissioners: Murray, Vasquez
Theresa Donahue, Secretary
City Planning Commission
PLN 10-08082
7300-7306 Firestone Boulevard
November 3, 2010 - Page 2