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Home My WebLink AboutCUP 09-03,11416 Old River School - Cover page and Resolution STAFF REPORT DATE: MARCH 2, 2011 TO: PLANNING COMMISSION FROM: BRIAN T. 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). REPORT SUMMARY After holding three duly noticed public hearings on January 5, 2011, January 19, 2011, and February 2, 2011, and after fully considering all oral and written testimony, facts and opinions offered at the aforesaid public hearings, the Planning Commission adopted a motion to deny Conditional Use Permit No. 09-03. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 11-2698 denying 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). Attachment: Resolution of denial PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA RESOLUTION NO. 11-2698 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING CONDITIONAL USE PERMIT 09-03, FOR A 1,532 SQ. FT. MASSAGE THERAPY ESTABLISHMENT 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. On January 27, 2009, the Applicant submitted a Conditional Use Permit application, requesting to operate a massage therapy establishment in a vacant tenant space at 11416 Old River School Road. Due to missing information on the project plans, the application was deemed incomplete on February 27, 2009; and, B. On November 2, 2010, the applicant submitted the remaining information required for the applications. Accordingly, staff deemed the Conditional Use Permit application complete on December 1, 2010; and, C. On December 2, 2010, notice of pending application was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site on December 3, 2010, and, D. The Conditional Use Permit was originally scheduled for a public hearing on December 15, 2010; however, due to lack of quorum, it was continued to January 5, 2011, without accepting public testimony. E. The Planning Commission held duly noticed public hearings on January 5, 2011, January 19, 2011, and February 2, 2011. At the conclusion of the February 2, 2011 public hearing, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, the Planning Commission adopted a motion to deny the Applicant’s request and directed staff to return with a resolution of denial based on the facts and findings discussed during the public hearings; and, F. On March 2, 2011, the Planning Commission adopted this resolution, thereby affirming their denial of the application and all facts and findings made herein. 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 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 site has a General Plan Land Use Designation of General Commercial, which is implemented by the C-2 (General Commercial) zone. Immediately to the east of the subject site, the properties Resolution No. 11-2698 Downey Planning Commission have a General Plan Land Use Designation of Low Density Residential and are zoned R-1 5,000 (Single Family Residential). Both the General Plan and Zoning Code respectively list the intent of the General Commercial Land Use Designation and the C-2 zone as an area to provide for goods and services to the entire City (as compared with the immediate neighborhood) while avoiding impacts to adjoining non-commercial developments. This is typically accomplished by the large lots within the C-2 zone and a required 46’ building setback from setback adjacent R-1 property. In this case, however, the proposed use is located on a portion of the lot that is within 15’ of the residential properties, which as a result are not afforded the protection of the large setback that would typically be required. To exacerbate this matter further, massage establishments have been linked to criminal activity (such as prostitution), which can be confirmed by the fact that the City of Downey Police Department has conducted undercover investigations of massage establishments (including chiropractors offering massage) over the past year, which resulted in several arrests for prostitution. General Plan Program 5.4.2.6 states: “Promote building and site design during the development review process that does not create nuisance and crime attraction.” This can be extended to mean that the potential for a business to become a public nuisance or attract crime should be taken into consideration when deliberating on a conditional use permit. Inasmuch as the operation of massage establishments are linked with, and in fact, have created criminal activity, approval of this conditional use permit would be in direct conflict with the aforementioned General Plan Program. Additionally, General Plan Policy 1.1.1 states: “Maintain a balance of land uses”, which is implemented in part by Program 1.1.1.1, which states: “Discourage the over- concentration of a particular land use that will preclude the establishment of other uses needed to serve the community.” In the City of Downey, massage is allowed, with limitations, at massage establishments, medical offices (such as chiropractors and acupuncturist), and hair salons. A review of the existing permits issued by the Chief of Police indicates that there are 66 massage technicians operating in the City in 20 businesses. Accordingly, approval of additional massage establishments can preclude the establishment of other uses needed to serve the community. Taking into consideration the potential for the business to foster criminal activity, the close proximity of residential uses, and the proliferation of businesses offering massage in Downey, the Planning Commission hereby finds that approval of the conditional use permit would have an adverse affect the purpose and intent of the Zoning Code, the City’s General Plan, and on the public convenience and general welfare of persons residing and working in the immediate neighborhood. 2. The requested use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. As noted in the previous finding, the subject site is within the C-2 zone and the properties to the east are within the R-1 zone. In order to prevent adverse impacts on adjoining R-1 properties, the C-2 zone property is required to provide a 46’ setback from the residential property. However, the building on the subject site is non-conforming and only has a 15’ setback from the adjacent residential property. Massage businesses are high intensity uses (see discussion in previous finding on criminal activity and proliferation of massage businesses within the City), which create adverse impacts on adjoining properties. Inasmuch as the residential properties to the east of the subject site are not afforded the protection of the large setback and it has been found that massage businesses create Conditional Use Permit No. 09-03 – 11416 Old River School Rd. March 2, 2011 - Page 2 Resolution No. 11-2698 Downey Planning Commission adverse impacts on the adjoining land uses, approval of this conditional use permit will have an adverse affect on the adjoining land uses and the growth and development of the area in which it is proposed to be located. 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 Conditional Use Permit No. 09-03. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of March, 2011. Robert Kiefer, 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 2nd day of March, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Theresa Donahue, Secretary City Planning Commission H:\PLANNING\Flores\Cases\CUP\2009\CUP 09-03, 11400 Old River School Rd. (massage establishment)\Denial Resolution_2011- 3-2.doc Conditional Use Permit No. 09-03 – 11416 Old River School Rd. March 2, 2011 - Page 3