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HomeMy WebLinkAbout01. 11416 Old River School Road - CUP-Massage STAFF REPORT DATE: JANUARY 19, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT:CONDITIONAL USE PERMIT NO. 09-03 – A REQUEST TO ALLOW A 1,532 SQ. FT. MASSAGE THERAPY ESTABLISHMENT (GREEN-DAY SPA) WITHIN AN EXISTING MULTI-TENANT BUILDING AT 11416 OLD RIVER SCHOOL ROAD, ZONED C-2 (GENERAL COMMERCIAL). CEQA Staff reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff determined this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). CODE AUTHORIZATION Section 9314.04 of the Downey Municipal Code requires a conditional use permit for massage therapy establishments. The Planning Commission’s authority to consider conditional use permit applications is set forth in Section 9802 of the Code . SITE LOCATION 11416 OLD RIVER SCHOOL RD. PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA SITE DESCRIPTION A. Subject Property 1. Property Information Site Location: 11416 Old River School Road APN: 6248-003-025 2. Applicant Information Property Owner: Livingston Trust c/o: Duane Alstrom 39687 Old Arena Drive Tucson, Arizona 85739 Business Representative: Erik H. Lee 2140 West Olympic Blvd. #214 Los Angeles, CA 90006 3. CEQA Determination: Categorical Exemption (Class 1) 4. Noticing Information Applicant Notification: December 27, 2010 Required Action Date:March 27, 2011 B. Surrounding Properties ZoneUse North C2 – General Commercial Commercial buildings EastR1-5000 – Single-Family Residential Single family residences SouthC2 – General Commercial Apartment complex West C2 – General Commercial Commercial buildings C. Photograph of Subject Site CUP No. 09-03 – 11416 Old River School Road January 19, 2011 - Page 2 BACKGROUND/ DISCUSSION The subject property is located at 11416 Old River School Road and is zoned C-2 (General Commercial). The General Plan Land Use Designation for the site is General Commercial. The property contains 76,860 square feet of land, with 384.26 feet of frontage along Old River School Road and 200.11 feet of frontage along Burns Avenue. It is developed with a multi- tenant commercial center. DISCUSSION/ANALYSIS The proposed massage establishment (Green-Day Spa) would occupy one of 16 tenant spaces at the subject site. The tenant space measures 1,532 sq. ft. and is proposed to include a lobby area, two (2) offices, five (5) massage treatment rooms, two (2) shower rooms, two (2) restrooms and a laundry room. Hours of operation have been proposed as Monday through Saturday, 10:00 a.m. to 8:00 p.m. The establishment will offer full body massages (i.e. Swedish, Deep Tissue, Reflexology, Sports, etc.) and finger-pressure massages. Although the subject site does not meet the minimum amount of required parking due to its development in the 1968, the proposed massage therapy establishment is not expected to impact the center’s parking supply because the existing center was developed for retail uses and the proposed use, for purposes of calculating required parking, is considered a retail establishment. CONCLUSION Staff finds that the proposed massage therapy establishment will be compatible with the existing uses at this multi-tenant center, subject to the recommended conditions of approval. It will give the center a more diverse tenant base, allowing for a service that is not currently offered, with other existing personal service, commercial, office and restaurant uses. As such, staff recommends that the Planning Commissionof the City of Downey approve Conditional Use Permit No. 09-03 to allow a1,532 sq. ft. massage therapy establishment within an existing multi-tenant building at 11416 Old River School Road, zoned C-2 (General Commercial). FINDINGS The following findings must be made to approve a Conditional Use Permit (Downey Municipal Code Section 9824.06): A. 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. General Plan Policy 1.1.1 states, “Maintain a balance of land uses,” which is implemented by various General Plan Programs. Upon reviewing these General Plan Programs, it is clear that the intent of the policy is to allow various uses throughout the city that serve the needs of the community, while avoiding an overconcentration of any particular use. In a further review of local businesses in the area, staff has noted that the City does not have a massage therapy establishment in the vicinity. It is staff’s opinion that allowing the proposed massage therapy establishment will assist in implementing this policy since it will allow a use that is not in the area. Furthermore, staff believes that this approval will provide a convenience to persons working and residing in the area since they will not need to travel outside of the area to obtain this service. Inasmuch as staff believes that the proposed use will be consistent with General Plan Policy 1.1.1 and it will provide a public convenience, staff feels that this finding can be adopted. CUP No. 09-03 – 11416 Old River School Road January 19, 2011 - Page 3 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 subject site is in a fully developed area of the City. Inasmuch as the proposed use will occupy an existing tenant space (no additions to the building are being proposed), staff is of the opinion that this use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, staff has proposed several conditions of approval to prevent the use from being a burden onto others. Staff believes that these conditions are necessary to avoid any adverse affects on the adjoining properties. As such, staff feels that this finding can be adopted. 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 tenant improvements are being proposed, 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 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. Access to the subject site is from Old River School Road, which is a secondary arterial within the City of Downey. 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 business. As such, staff believes that this finding can be adopted. RECOMMENDATION Staff recommends the Planning Commission approve Conditional Use Permit No. 09-03, to allow a 1,532 sq. ft. massage therapy establishment (green-day spa) within an existing multi-tenant building at 11416 Old River School Road. CUP No. 09-03 – 11416 Old River School Road January 19, 2011 - Page 4 RESOLUTION NO. 11-2695 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT 09-03 , TO ALLOW A 1,532 SQ. FT. MASSAGE THERAPY ESTABLISHMENT (GREEN-DAY SPA) WITHIN AN EXISTING MULTI-TENANT BUILDING AT 11416 OLD RIVER SCHOOL ROAD, 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. January 27, 2009 the applicant submitted a Conditional Use Permit application, requesting to operate a massage therapy establishment in a vacant tenant space at the site; and, B. On December 1, 2010, the Conditional Use Permit application was deemed complete; and, C. On December 2, 2010, notice of pending application was published in the Downey Patriot; and, D. On December 3, 2010, notice of the pending application was mailed to all property owners within 500’ of the subject site. E. The Planning Commission held a duly noticed public hearing on January 5, 2011 and after fully considering all oral and written testimony and facts and opinions continued this application to the Planning Commission meeting of January 19, 2011. F. The Planning Commission held a duly noticed public hearing on January 19, 2011 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). G. 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. General Plan Policy 1.1.1 states, “Maintain a balance of land uses,” which is implemented by various General Plan Programs. Upon reviewing these General Plan Programs, it is clear that the intent of the policy is to allow various uses throughout the city that serve the needs of the community, while avoiding an overconcentration of any particular use. A further review of local businesses in the area has indicated that the City does not have a massage therapy establishment in the vicinity. Allowing the proposed massage establishment will assist in implementing this policy since it will Resolution No. 11-2695 Downey Planning Commission allow a use that is not in the area. Furthermore, this approval will provide a convenience to persons working and residing in the area since they will not need to travel outside of the area to obtain this service. 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. 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. 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. Access to the subject site is from Old River School Road, which is a secondary arterial within the City of Downey. 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 No. 09-03, 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. th PASSED, APPROVED AND ADOPTED this19 day of January, 2011. Louis Morales, Chairman City Planning Commission Conditional Use Permit No. 09-03 – 11416 Old River School Rd. January 19, 2011 - Page 2 Resolution No. 11-2695 Downey Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning th Commission of the City of Downey at a regular meeting thereof, held on the 19 day of January, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission Conditional Use Permit No. 09-03 – 11416 Old River School Rd. January 19, 2011 - Page 3 Resolution No. 11-2695 Downey Planning Commission CONDITIONAL USE PERMIT No. 09-03 EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit No. 09-03 permits the operation of a massage therapy establishment at 11416 Old River School Road. The tenant space measures 1,532 sq. ft. and includes a lobby area, two (2) offices, five (5) massage treatment rooms, two (2) shower rooms, two (2) restrooms and a laundry room. 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 business shall be permitted to operate 10:00 a.m. until 8:00 p.m., six (6) days a week (Monday –Saturday). 6) All signs shall comply with the requirements set forth in the Downey Municipal Code. 7) Windows shall be kept free and clear, except for permitted signs, such that the lobby and office areas are visible from the exterior of the tenant space. 8) Customers shall not be permitted in the offices and laundry area. 9) All employees shall have valid identification on the premise at all times. 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 2010 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. Conditional Use Permit No. 09-03 – 11416 Old River School Rd. January 19, 2011 - Page 4 Resolution No. 11-2695 Downey Planning Commission POLICE 14) No more than eight (8) masseuses shall work for this establishment on these premises, at any given time. 15) All masseuses shall obtain a Downey Police Permit from the Chief of Police or his or her designee to perform massages, as outlined per Section 6554 and 6555 of the Downey Municipal Code. 16) There shall be no locks placed on the doors of the massage treatment rooms. 17) Massage treatments shall be conducted on massage tables or chairs. Mattresses or beds are prohibited. 18) A Non-Expansion Affidavit is required for any and all changes in massage personnel at this establishment. PUBLIC WORKS 19) The applicant shall install all new utilities associated with this project underground 20) 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. 21) 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\Flores\Cases\CUP\2009\CUP 09-03, 11400 Old River School Rd. (massage establishment)\CUP 09-03,11416 Old River School Rd, reso.doc Conditional Use Permit No. 09-03 – 11416 Old River School Rd. January 19, 2011 - Page 5