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HomeMy WebLinkAboutPC Reso 10-2692RESOLUTION NO. 10-2692 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A REVISION TO A CONDITIONAL USE PERMIT (PLN -10-08141), THEREBY ADDING AN AEROBIC STUDIO TO A FITNESS CENTER/BEAUTY SALON ON PROPERTY LOCATED AT 8036 THIRD STREET, ZONED DDSP (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. September 15, 2010, the Planning Commission adopted Resolution No. 10-2661, thereby approving a Conditional Use Permit (PLN -10-08058) to allow combination fitness center/beauty salon to operate on the subject site; and, B. On November 3, 2010, the Planning Commission approved a minute action to allow an expansion of the business by adding an aerobic studio. After further review of this expansion, it has been determined that this approval would be in violation of the original conditions of approval; and, C. On November 19, 2010, notice of the pending application was mailed to all property owners within 500' of the subject site and published in the Downey Patriot. D. The Planning Commission held a duly noticed public hearing on December 1, 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: 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 Downey Specific Plan. One of the ways that the Downtown Downey Specific 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, Resolution No. 10-2692 Downey Planning Commission 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. 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 revision to a Conditional Use Permit (PLN -10-08141), 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 1St day�of DecpApr, 2{,1 0, Louis krofales, Ohairman City Plafining Commission I HEREBY CERTIFY that the foregoing is a true copy 6f a Resolution adopted by the Planning Commission of the City of Downey at a regulap meeting thereof, held on the 1St day of December, 2010, by the following vote, to wit: y AYES: COMMISSIONERS: Kiefer, Vasquez, Lambros, Murray, Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission Conditional Use Permit (PLN -10-08141) — 8036 Third Street December 1, 2010 - Page 2 Resolution No. 10-2692 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -10-08141) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN -10-08141) permits the operation of a fitness studio/beauty salon at 8036 Third Street. The following uses shall be allowed in the following tenant spaces: • 8036 Third Street, Ste 102 — Aerobics Studio • 8036 Third Street, Ste 104 — Workout area, tanning bed, juice bar, beauty salon. 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) Resolution No. 10-2661, which approved the original Conditional Use Permit (PLN -10- 08058), is hereby deemed null and void. 5) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 6) The business, which occupies both tenant spaces, shall remain under a single. ownership. 7) The fitness studio/beauty salon store shall be permitted to operate 8:00 a.m. until 8:00 p.m., seven (7) days a week. In addition, the aerobics studio shall be permitted to begin operations at 5:00 a.m. Monday through Saturday. 8) There shall be no alcohol sales at the juice bar. 9) 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. 10) Only prepackaged food and factory sealed drinks may be sold at the juice bar. There shall be no sink or food prepared on site. 11) Classes in the aerobic studio shall be fitness related classes only (yoga, zumba, pilates, aerobics, etc). 12) The doors of the business shall remain closed at all times_ 13) The business shall comply with the City of Downey's noise ordinance at all times. In no case, however, shall the noise generated from the business exceed 45 dB(A) prior to 8:00 a.m. and 65 dB(A) after 8:00 a.m. as measured from the nearest property line. 14) All signs shall comply with the requirements set forth in the Downey Municipal Code. Conditional Use Permit (PLN -10-08141) — 8036 Third Street December 1, 2010 - Page 3 Resolution No. 10-2692 Downey Planning Commission 15) 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 16) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 17) 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 18) All construction shall comply with the 2007 California Fire Code. 19) Based on the permit valuation of the submitted plans the following may be required a) Fire Sprinkler System b) Fire Alarm System. PUBLIC WORKS 20) The applicant shall install all new utilities associated with this project underground 21) 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. 22) 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. 23) 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. H:\PLANNING\RESOS\PC\2010\10-2692.doc Conditional Use Permit (PLN -10-08141) — 8036 Third Street December 1, 2010 - Page 4