HomeMy WebLinkAboutPC Resolution 13-2815RESOLUTION NO. 13 -2815
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 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:
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 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
Resolution No. 13 -2815
Downey Planning Commission
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 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, 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 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
Conditional Use Permit (PLN -12- 00270) — 12050 Lakewood Blvd
March 6, 2013 - Page 2
Resolution No. 13 -2815
Downey Planning Commission
SECTION 5 . The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6 th day of March, 2013.
Robert Kiefer, Vice-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 6 th day of March, 2013,
by the following vote, to wit:
AYES: COMMISSIONERS: Rodriguez, Flores, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Lujan
ABSTAIN: COMMISSIONERS: None
Mary Cavethagh, Secretary
City Planning Commission
Conditional Use Permit (PLN -12- 00270) — 12050 Lakewood Blvd
March 6, 2013 - Page 3
Resolution No. 13 -2815
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 commencement 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 list of each
and every massage practitioner and massage therapist engaging in, conducting or carrying
on massage at the business establishment and their respective State Certification number.
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