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HomeMy WebLinkAbout1. PLN-12-00270 - 12050 LakewoodSTAFF REPORT DATE: MARCH 6, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-12-00270 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A CHIROPRACTOR OFFICE WITHIN AN EXISTING TENANT SPACE. LOCATION: 12050 LAKEWOOD BLVD (AIN 6256-004-912) ZONING: SP 01-01 (DOWNEY LANDING SPECIFIC PLAN) REPORT SUMMARY The proposed Conditional Use Permit (PLN-12-00270) is to operate a chiropractor office in the Downey Landing Shopping Center. The business, to be called “The Joint”, will occupy a 1,296 square foot tenant space in the freestanding building on the northeast corner of the 34-acre Downey Landing Shopping Center. “The Joint” strives to offer quick, affordable chiropractor services without the need to schedule appointment. Based on the analysis contained within this report, staff feels that all required findings to approve the Conditional Use Permit can be made in a positive manner; as such, staff is recommending 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-12-00270), THEREBY ALLOWING A CHIROPRACTOR OFFICE TO OPERATE WITHIN A 1,296 SQUARE FOOT TENANT SPACE ON PROPERTY LOCATED AT 12050 LAKEWOOD BLVD, ZONED SP 01-01 (DOWNEY LANDING SPECIFIC PLAN). BACKGROUND The subject site encompasses the Downey Landing Shopping Center, which is a 34-acre multi- tenant regional shopping center. The site has a Mixed Use General Plan Land Use Designation and is zoned SP 01-01 (Downey Landing Specific Plan). The Downey Landing Shopping Center was constructed in 2005, consistent with approval of the Specific Plan in 2002. The shopping center consists of nine buildings with approximately 380,000 square feet of leasable area. The buildings are arranged such that they are on the outer edges of the shopping center; with the majority of the approximate 2,000 parking spaces being located on the central portion of the property. There are a variety of retail, restaurant, and personal improvement uses on the site that occupy tenant spaces that range from 1,000 to 45,000 square feet. The site is bounded by Stewart and Gray Rd. to the north, Lakewood Blvd to the west, Bellflower Blvd to the east, and commercial property to the south. More specifically, surrounding land uses include single-family and multi-family residential to the north of the site PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA (across Stewart and Gray). These properties are zoned R-1 5,000 (Single Family Residential) and R-3 (Multi-Family Residential), respectively. To the west of the site (across Lakewood Blvd) is a small in-line tenant retail shopping center and apartment buildings, which are zoned C-1 (Neighborhood Commercial). Additionally, there is a nursing home that is within the H-M (Hospital-Medical Arts) zone. The south side of t he project site is home to the former Downey Studios, which is currently being demolished to make room for the new Tierra Luna Marketplace, a 77-acre development that will feature up to 1.1 million square feet of retail commercial floor area, 300,000 square feet of office space and 116,000 square feet of hotel space. The property is within the Tierra Luna Specific Plan. Finally, the east side of the site (across Bellflower Blvd) is zoned R-3 (Multi-Family Residential) and improved with several apartment buildings. According to the Downey Landing Specific Plan, chiropractor offices are permitted within the retail center, subject to approval of a Conditional Use Permit. On October 31, 2012, the applicant submitted a Conditional Use Permit (PLN-12-00270) application, requesting to operate a chiropractor office at the site, to be called “The Joint”. After an initial review of the request, staff determined that additional information was needed to process the Conditional Use Permit. As such, staff deemed the request incomplete. On February 7, 2013, the applicant submitted the required information, thus allowing staff to deem the request complete on February 12, 2013 and set the matter for hearing. On February 21, 2013, notice of the pending application was published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500’ of the subject site on February 22, 2013. Site Photograph Conditional Use Permit (PLN-12-00270) – 12050 Lakewood Blvd March 6, 2013 - Page 2 DISCUSSION/ANALYSIS The 1,296 square foot tenant space is located within the 5,000 square foot freestanding building on the northeast corner of the site. This building was formerly used for a financial office; however, when Massage Envy, who occupies the remainder of the building, completed their tenant improvements, they sectioned off this portion or the building for a future use. The applicant is proposing to operate a chiropractor office within the 1,296 square foot space. The layout of the office includes a reception area, treatment area, office, storage, and restroom. The proposed hours of operation are Monday-Friday from 10:00 a.m. to 7:00 p.m. and Saturday from 10:00 a.m. to 2:00 p.m. Other than signs, the applicant is not proposing any modification to the exterior of the building. Unlike a traditional chiropractor office, “The Joint” offers a new approach to chiropractic care. According to their website, their mission is to “ improve quality of life through routine and affordable chiropractic care.” Patients are examined in a large treatment room, which can host several patients simultaneously (see photo to the right), by the chiropractor instead of an individual treatment room. Furthermore, a typical adjustment can take as little as ten minutes, with most patients being helped on a walk-in basis. Currently, “The Joint” costs $29 per visit or a monthly membership is available for $49, which includes up to four office visits. It is staff’s understanding that “The Joint” will only offer quick exams and adjustments only. Any needed x-rays or prescribed massages w ill be referred out to another provider. It should be noted that although the applicant is proposing to refer all massage services to other providers, State law prevents the City from prohibiting the busines s owner from providing massage that is under the supervision of a chiropractor. Nevertheless, pursuant to the restrictions of the specific plan, any massage therapist is required to have a State Massage Therapist license. St aff has reviewed the request and does not have any issues of concern with the operation of the business. The use will be fully contained within the tenant space, will not generate a noise impact, and does not impact on-site landscaping. Furthermore, parking demand can be accommodated with the existing joint use parking lot on the site. ENVIRONMENTAL ANALYSIS 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 t he applicant is occupying an existing tenant space, staff feels that this request qualifies for this exemption. Conditional Use Permit (PLN-12-00270) – 12050 Lakewood Blvd March 6, 2013 - Page 3 FINDINGS Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving the 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. The subject site has a General Plan Land Use Designation of Mixed Use and is within the Downey Landing Specific Plan. It is the intent of the Mixed Use designation and a vision of the Specific Plan to encourage development of a region-wide shopping center at this site. That is to say, develop opportunities that can attract persons from all over the region to utilize multiple businesses within the center. Even though the shopping center has been in operation for approximately eight years, staff is of the opinion that the proposed chiropractor office helps implement this goal/vision. The quick and inexpensive nature of the operations will allow patrons to obtain an adjustment without pre-planning an appointment, and while they take advantage of the multiple shopping and eating establishments on the site. Furthermore, not only does staff believe that the quick and inexpensive nature of the business provides a public convenience, but the potential health benefits can be beneficial to the public welfare. As such, staff feels that approval of the Conditional Use Permit will not have an adverse affect the intent or the General Plan, Specific Plan, public convenience, and/or general welfare of persons residing or working in the area. 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 adjacent to the proposed Tierra Luna Marketplace project site, which is a 77 acre mixed-use development. The marketplace will feature up to 1.1 million square feet of retail commercial floor area, 300,000 square feet of office space and 116,000 square feet of hotel space. Inasmuch as the proposed chiropractor office is contained within the existing tenant space, it is staff’s opinion that operation of the business will not impact the development and use of the Tierra Luna Marketplace. Furthermore, staff believes that the existing Downey Landing Shopping Center has sufficient parking, landscaping, setbacks, and infrastructure to accommodate the proposed chiropractor without creating an adverse affect on the adjoining land uses and the growth and development thereof. 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 subject site is the Downey Landing Shopping Center, which is a 34-acre multi- tenant regional shopping center. Improvements on the site include nine buildings with approximately 380,000 square feet of leasable area and approximately 2,000 parking spaces. Staff is of the opinion that the existing shopping center has sufficient parking, landscaping, setbacks, and infrastructure to accommodate the proposed chiropractor office in the existing tenant space. Staff is of the further opinion that the operation of the chiropractor office, with implementation of the recommended conditions of approval, will Conditional Use Permit (PLN-12-00270) – 12050 Lakewood Blvd March 6, 2013 - Page 4 not create impact to the area. As such, staff believes that the subject site has sufficient size and shape to allow the use without a detrimental impact. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is bounded by and accessible from Lakewood Blvd (a major arterial), Stewart and Gray Rd (a secondary arterial), and Bellflower Blvd (a secondary arterial). Staff has reviewed the potential increase in daily vehicle trips with the operation of this office. It is staff’s opinion that the use will generate a minima l amount of daily vehicle trips (under 50) and the adjoining arterial roadways have sufficient capacity to absorb this negligible increase. As such, staff believes that traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. 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 operating a chiropractor office at the subject site can provide a benefit to those who live and work in the area, without creating significant adverse impacts to the area, provided that 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-12- 00270) , subject to the recommended conditions of approval. Conditional Use Permit (PLN-12-00270) – 12050 Lakewood Blvd March 6, 2013 - Page 5 Exhibits Loc ation Ae rial Photograph Conditional Use Permit (PLN-12-00270) – 12050 Lakewood Blvd March 6, 2013 - Page 6 500’ Radius Zoning Conditional Use Permit (PLN-12-00270) – 12050 Lakewood Blvd March 6, 2013 - Page 7 RESOLUTION NO. __________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-12-00270), THEREBY ALLOWING A CHIROPRACTOR OFFICE TO OPERATE WITHIN A 1,296 SQUARE FOOT TENANT SPACE ON PROPERTY LOCATED AT 12050 LAKEWOOD BLVD, ZONED SP 01-01 (DOWNEY LANDING SPECIFIC PLAN). 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. The subject site, the 34-acre Downey Landing Shopping Center was originally constructed in 2005, consistent with approval of the Downey Landing Specific Plan in 2002. According to the Downey Landing Specific Plan, chiropractor offices are permitted within the retail center, subject to approval of a Conditional Use Permit; and, B. On October 31, 2012, the applicant submitted a Conditional Use Permit (PLN-12- 00270) application, requesting to operate to operate a chiropractor office (to be called “The Joint”) within a 1,296 square foot tenant space in the Downey Landing Shopping Center. After an initial review of the request, staff determined that additional information was needed to process the Conditional Use Permit application; and, C. On February 7, 2013, the applicant submitted the required information, thus allowing staff to deem the request complete on February 12, 2013 and set the matter for hearing; and, D. On February 21, 2013, notice of the pending application was published in the Downey Patriot. Furthermore, the notice was mailed to all property owners within 500’ of the subject site on February 22, 2013. E. The Planning Commission held a duly noticed public hearing on March 6, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, 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 devel opment 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 the zoning code 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 Mixed Use and is within the Downey Landing Specific Plan. It is the intent of the Mixed Use designation and a Resolution No. ___________ Downey Planning Commission vision of the Specific Plan to encourage development of a region-wide shopping center at this site. That is to say, develop opportunities that can attract persons from all over the region to utilize multiple businesses within the center. Even though the shopping center has been in operation for approximately eight years, the proposed chiropractor office helps implement th is goal/vision. The quick and inexpensive nature of the operations will allow patrons to obtain an adjustment without pre- planning an appointment, and while they take advantage of the multiple shopping and eating establishments on the site. Furthermore, the potential health benefits can be beneficial to the public welfare. As such, approval of the Conditional Use Permit will not have an adverse affect the intent or the General Plan, Specific Plan, public convenience, and/or general welfare of persons residing or working in the area 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 adjacent to the proposed Tierra Luna Marketplace project site, which is a 77 acre mixed-use development. The marketplace will feature up to 1.1 million square feet of retail commercial floor area, 300,000 square feet of office space and 116,000 square feet of hotel space. Inasmuch as the proposed chiropractor office is contained within the existing tenant space, the operation of the business will not impact the development and use of the Tierra Luna Marketplace. Furthermore, the existing Downey Landing Shopping Center has sufficient parking, landscaping, setbacks, and infrastructure to accommodate the proposed chiropractor without creating an adverse affect on the adjoining land uses and the growth and development thereof 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 subject site is the Downey Landing Shopping Center, which is a 34-acre multi- tenant regional shopping center. Improvements on the site include nine buildings with approximately 380,000 square feet of leasable area and approximately 2,000 parking spaces. The existing shopping center has sufficient parking, landscaping, setbacks, and infrastructure to accommodate the proposed chiropractor office in the existing tenant space. Furthermore, the operation of the chiropractor office, with implementation of the conditions of approval , will not create impact to the area. As such, the subject site has sufficient size and shape to allow the use without a detrimental impact. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is bounded by and accessible from Lakewood Blvd (a major arterial), Stewart and Gray Rd (a secondary arterial), and Bellflower Blvd (a secondary arterial). Even though the use will generate a minimal amount of daily vehicle trips (under 50) and the adjoining arterial roadways have sufficient capacity to absorb this negligible increase. As such, the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. 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-12-00270), 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 Conditional Use Permit (PLN -12-00270) – 12050 Lakewood Blvd March 6, 2013 - Page 2 Resolution No. ___________ Downey Planning Commission 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 this 6 day of March, 2013. Louis Morales, Chairman City 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 6 day of March, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONER: Mary Cavanagh, Secretary City Planning Commission Conditional Use Permit (PLN -12-00270) – 12050 Lakewood Blvd March 6, 2013 - Page 3 Resolution No. ___________ Downey Planning Commission CONDITIONAL USE PERMIT (PLN-12-00270) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit (PLN-12-00270) permits the operation of a chiropractor office within a 1,296 square foot tenant space at the subject site. 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) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 5) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 6) A duly licensed chiropractor shall be present within the business for all patient examinations and treatments. 7) All massage professionals/practitioners shall work under direct supervision of the chiropractor, shall be certified through the California Massage Therapy Council (State Certification), and shall maintain their certification throughout their employment with the massage establishment. Prior to the co mmencement of employment, all massage professionals/practitioners shall submit a copy of their State Certification and . photographic identification to the Police Department’s Special Enforcement Team. Upon annual renewal of the business registration, the massage establishment shall submit a lis t o f e ac h and e v e r y m a ssa g e practitioner and massage therapis t engaging i n , conduc t ing or carrying on mass ag e at t h e b usiness establishment a nd their respecti v e State Certification numbe r. 8) Patients shall not be permitted within the storage room of the business. 9) All signs shall comply with the City of Downey Zoning Ordinance and the Downey Landing Specific Plan. Conditional Use Permit (PLN -12-00270) – 12050 Lakewood Blvd March 6, 2013 - Page 4