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STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: JUNE 1, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-11-00098 (CONDITIONAL USE PERMIT) – REQUEST TO OPERATE A TANNING SALON ON PROPERTY LOCATED AT 9968 LAKEWOOD BLVD, ZONED C-2 (GENERAL COMMERCIAL). CEQA Staff has reviewed
the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt
from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). Categorical Exemptions are projects, which have been determined not to have a significant effect on
the environment and have been exempted from the requirements of the California Environmental Quality Act. Class 1 consists of projects that involve no or negligible expansion of the
existing use. Inasmuch as the applicant is proposing to establish tanning salon within an existing tenant space and the proposal will not expand the existing tenant space, staff feels
that this request qualifies for this exemption. RECOMMENDATION Staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-11-00098), THEREBY ALLOWING THE OPERATION OF A TANNING SALON ON PROPERTY LOCATED AT 9968 LAKEWOOD BLVD, ZONED C-2 (GENERAL
COMMERCIAL). CODE AUTHORITY The applicant is making her request pursuant to the provisions of Municipal Code Section 9314.04, which allows the operation of tanning salons in the C-2
zone, subject to the approval of a Conditional Use Permit. The Planning Commission’s authority to consider the requested Conditional Use Permit is set forth in Municipal Code Section
9824 (Conditional Use Permits).
SITE LOCATION 9968 Lakewood Blvd SITE DESCRIPTION A. Subject Property 1. Property Information Site Location: 9968 Lakewood Blvd (AIN 6390-010-047) 2. Applicant Information Applicant:
Property Owner: Flower Huizar The Tanning Company 8621 Birchbark Ave, #14 Downey, CA 90240 Pauline Kitsigianis Kitsigianis Properties 3903 Ridgemont Dr Malibu, CA 90240 3. CEQA Determination:
Categorical Exemption (Class 1) 4. Noticing Information Applicant Notification: Required Action Date: May 10, 2011 July 9, 2011 Conditional Use Permit (PLN-11-00098) – 9968 Lakewood
Blvd June 1, 2011 -Page 2
B. Surrounding Properties North -The site to the north of the project site is zoned R-1 10,000 and has a General Plan Land Use Designation of General Commercial. This property is improved
with a two-story office building, which was permitted to be constructed in the R-1 10,000 zone under Zone Exception 63-409. South -The site to the south of the project site is zoned
C-2 and has a General Plan Land Use Designation of General Commercial. The site is improved with a medical office building. East -The side of the subject site is zoned R-1 1 0,000 and
has a General Plan Land Use Designation of Low Density residential. The properties in this area are improved with single family dwelling units. West -The property to the west of the
subject site is located across Lakewood Blvd. This property is zoned R-1 7,500 and has a General Plan Land Use Designation of General Commercial. The property is improved with a used
car sales lot. C. Site Photographs Conditional Use Permit (PLN-11-00098) – 9968 Lakewood Blvd June 1, 2011 -Page 3
BACKGROUND The subject site is a 1.74 acre rectangular parcel that is located on the east side of Lakewood Blvd, north of Florence Ave. The site is improved with a 24,811 square foot
one-story inline multi-tenant commercial building, which contains a variety of retail, office, and restaurant uses. Additionally, there are parking lots on the southwest side of the
building and the east side of the building that have 130 parking spaces. The site has a General Plan Land Use Designation of GC (General Commercial and is within the C-2 (General Commercial)
zone. On April 21, 2011, the applicant submitted a Conditional Use Permit (PLN-11-00098) application, requesting to establish a tanning salon on the subject site. After a comprehensive
review of the request, staff deemed the application completed on May 10, 2011. On May 19, 2011, notice of the pending application published in the Downey Patriot. Furthermore, the notice
was mailed to all property owners within 500’ of the subject site. DISCUSSION/ANALYSIS The applicant is proposing to open a tanning salon within a 1,220 square foot tenant space. The
tenant space is currently vacant, so the applicant is proposing to conduct tenant improvements to create individual tanning rooms. The applicant is proposing to have six (6) traditional
tanning beds, Conditional Use Permit (PLN-11-00098) – 9968 Lakewood Blvd June 1, 2011 -Page 4
one (1) stand up tanning booth, one (1) spray tan booth, and one (1) room for manual spray tan. In addition, the business will have a laundry room, storage area, restroom, and lobby.
Additionally, the applicant is proposing to sell a variety of tanning products, such as tanning lotions; however these retail sales are considered an ancillary use since it is a minimal
portion of their business. The proposed hours of operation are Monday through Friday -9:00 a.m. to 8:00 p.m.; Saturday -9:00 a.m. to 5:00 p.m.; and Sunday – 10:00 a.m. to 3:00 p.m. The
timers for all tanning beds/booths are controlled from the front counter, with the customer pressing a start button within the room. Tanning salons are parked the same as other personal
services (1/300 gross floor area); whereas retail is parked at a higher parking ratio (1/250 gross floor area). Should the Planning Commission approve this request, it would effectively
reduce the parking demand on the site, thus staff is of the opinion that this approval will not impact parking. Conversely, staff is concerned about potential noise impacts created by
the business. In reviewing this request, staff noted that on the east side of the site is single family residences to which the rear door of the business is facing. While the business
is 46’ from the property line, noise generated from within the business could impact the residents. Accordingly, staff is recommending a condition of approval that requires the rear
door of the business to remain closed at all times, except to all employee ingress/egress. Often cities have problems with illicit activity (prostitution) at tanning salons. As noted
above, however, the timers for all tanning beds/booths are controlled from the front counter, with the customer pressing a start button within the room. This means that employees are
not required to be with customers in the rooms, except in cases to provide equipment instruction to new customers. Accordingly, staff is recommending a condition of approval that prohibits
more than one person within a closed room at any time. Additionally, staff is recommending a condition of approval to maintain visibility through the front windows at all times. Based
on the requirements of the Municipal Code, the applicant is required to obtain approval of a Conditional Use Permit prior to operating the business at the site. Pursuant to Municipal
Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving a Conditional Use Permit. A discussion of the findings follows: 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 it is 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 only has three (3) other tanning salons, none of which are in the immediate
area. It is staff’s opinion that allowing the proposed tanning salon 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. Conditional Use
Permit (PLN-11-00098) – 9968 Lakewood Blvd June 1, 2011 -Page 5
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, 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), 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, which is currently used as vacant, and which does not require an expansion
of the building. The tanning salon, in staff’s opinion, 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 Lakewood Blvd, a primary arterial street in the City. 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. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence
regarding this matter. CONCLUSION Based on the analysis contained within this report, staff is concluding that the proposed tanning salon can be a benefit to the area, provided all conditions
of approval are adhered to. Furthermore, as noted above, staff believes that all four findings required to approve a Conditional Use Permit can be made in a positive manner. As such,
staff is recommending that the Planning Commission approve the Conditional Use Permit (PLN-11-00098), subject to the recommended conditions of approval. H:\Community Development\Blumenthal\Projects\L
akewood_9968\Staff Report_2011-6-1.doc Conditional Use Permit (PLN-11-00098) – 9968 Lakewood Blvd June 1, 2011 -Page 6
Exhibit ‘A’ – Aerial Photograph Subject Site N Conditional Use Permit (PLN-11-00098) – 9968 Lakewood Blvd June 1, 2011 -Page 7
Exhibit ‘B’ – Zoning Map Subject Site N Conditional Use Permit (PLN-11-00098) – 9968 Lakewood Blvd June 1, 2011 -Page 8