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RESOLUTION NO. 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) 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. April 21, 2011, the applicant submitted a Conditional Use Permit (PLN-11-00098) application, requesting to operate a tanning salon
in a 1,220 square foot vacant tenant space at the site; and, B. On May 10, 2011, the Conditional Use Permit application was deemed complete; and, C. On May 19, 2011, 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 June
1, 2011 and after fully considering all oral and written testimony and facts and opinions 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: 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 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, it has been noted that the City only has three (3) other tanning salons, none of which are in the immediate
area. Allowing the proposed tanning salon will assist in implementing this policy since it will 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, 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. Downey Planning Commission Conditional Use Permit (PLN-11-00098) – 9968 Lakewood Blvd June 1, 2011 -Page 2 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 Lakewood Blvd, which is a primary 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 Conditional Use Permit (PLN-11-00098), 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 June, 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 1st day
of June, 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONER: Theresa Donahue, Secretary City Planning Commission
Resolution No. Downey Planning Commission Conditional Use Permit (PLN-11-00098) – 9968 Lakewood Blvd June 1, 2011 -Page 3 CONDITIONAL USE PERMIT (PLN-11-00098) EXHIBIT A -CONDITIONS
PLANNING 1) The approval of Conditional Use Permit (PLN-11-00098) permits the operation of a tanning salon at 9968 Lakewood Blvd, which is permitted to have six (6) traditional tanning
beds, one (1) stand up tanning booth, one (1) spray tan booth, and one (1) room for manual spray tan. 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 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. 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 entire lobby is visible from the exterior of the space. 8) Customers shall not be permitted in the storage area or the laundry area. 9) Timers for the tanning beds/booths shall
be controlled from the front counter 10) No more than one person shall be allowed in the tanning room at any given time. This shall not apply to an employee who is instructing a customer
on how to use the equipment while the room is open. 11) The rear door of the business shall remain closed at all times, except to permit employee ingress/egress. BUILDING 12) All construction
construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 13) 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. 14) The applicant shall provide a
unisex accessible restroom and accessible doorways to each type of tanning room.
Resolution No. Downey Planning Commission Conditional Use Permit (PLN-11-00098) – 9968 Lakewood Blvd June 1, 2011 -Page 4 FIRE 15) All construction shall comply with the 2007 California
Fire Code. PUBLIC WORKS 16) The applicant shall install all new utilities associated with this project underground 17) 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. 18) 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:\Community Development\Blumenthal\Pro
jects\Lakewood_9968\PC Reso.doc