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Home My WebLink About01. 11416 Old River School Rd (cup) STAFF REPORT DATE: FEBRUARY 2, 2011 TO: PLANNINGCOMMISSION FROM: BRIAN SAEKI, DIRECTOROF COMMUNITY DEVELOPMENT JESSICAJ. FLORES, ASSOCIATE PLANNER SUBJECT:CONDITIONALUSEPERMITNO.09-03– A REQUEST TO ALLOW A 1,532 SQ. FT. MASSAGE THERAPYESTABLISHMENT (GREEN-DAY SPA) WITHIN ANEXISTING 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 Section9314.04ofthe Downey Municipal Coderequires a conditional use permit for massage therapy establishments. The Planning Commission’sauthoritytoconsider conditional usepermit applicationsis setforth in Section 9802 oftheCode . SITE LOCATION 11416 OLD RIVER SCHOOL RD. PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA SITE DESCRIPTION A. Subject Property 1.PropertyInformation Site Location:11416 Old River School Road APN: 6248-003-025 2.ApplicantInformation Property Owner: Livingston Trust c/o: Duane Alstrom 39687 Old Arena Drive Tucson, Arizona85739 Business Representative:Erik H.Lee 2140 West Olympic Blvd. #214 Los Angeles,CA 90006 3.CEQADetermination: CategoricalExemption (Class 1) 4.NoticingInformation Applicant Notification:December 27, 2010 Required Action Date:March 27, 2011 B.Surrounding Properties ZoneUse NorthC2 – General CommercialCommercialbuildings EastR1-5000 – Single-Family ResidentialSingle family residences SouthC2 – General CommercialApartmentcomplex West C2 – General CommercialCommercialbuildings C.Photograph of Subject Site CUPNo. 09-03 – 11416 Old River School Road February 2,2011 - 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 Theproposed massageestablishment(Green-DaySpa) would occupy one of 16tenant spaces at the subject site. The tenant spacemeasures 1,532 sq.ft.and is proposed to include a lobby area, two(2)offices, five (5)massage treatmentrooms, two (2) showerrooms, two (2) restroomsanda laundry room. Hours of operation have been proposed as Mondaythrough Saturday, 10:00a.m.to 8:00 p.m. Theestablishment willoffer fullbody massages (i.e. Swedish, Deep Tissue, Reflexology, Sports, etc.)and finger-pressuremassages. Although thesubjectsite doesnot meet the minimum amount of required parkingduetoits development in the1968, theproposedmassage therapy establishment is not expected to impact thecenter’s parkingsupplybecausethe existing center wasdeveloped for retail usesandthe proposeduse, for purposes of calculating requiredparking,isconsidered a retailestablishment. CONCLUSION Stafffinds that the proposed massagetherapy establishment willbe compatible with theexisting uses at thismulti-tenantcenter,subject totherecommendedconditions of approval. Itwill give the center a more diverse tenant base,allowing for a servicethat is not currently offered,with other existing personal service, commercial, officeand restaurantuses.As such,staffrecommendsthat the PlanningCommissionof the City of Downey approve Conditional Use Permit No.09-03to allow a1,532sq. ft. massagetherapyestablishment withinanexisting multi-tenant building at 11416 Old River School Road,zonedC-2(General Commercial). FINDINGS Thefollowingfindings must be madetoapprove a Conditional UsePermit (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’sGeneral 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 thearea, 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. CUPNo. 09-03 – 11416 Old River School Road February 2,2011 - 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 conditionsof 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 sufficientshape 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. Accessto the subject site is fromOld RiverSchoolRoad,which is a secondaryarterial withintheCity ofDowney.Staffhas reviewed theproposal and anypotential increase in traffic caused by operationof thebusiness. It isstaff’s opinion thatthe surrounding streets and highways in the area havesufficient capacitytoaccommodatetheminimalincrease in traffic that mightbe generated by the business. As such,staff believesthatthisfindingcan 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 anexistingmulti-tenant building at11416 Old RiverSchoolRoad. H:\PLANNING\F\C\CUP\2009\CUP09-03,11400ORSR.( LORESASESLDIVERCHOOLDMASSAGE )\CUP09-03,11416ORSR,. ESTABLISHMENTLDIVERCHOOLD STAFFREPORTDOC CUPNo. 09-03 – 11416 Old River School Road February 2,2011 - Page 4