HomeMy WebLinkAbout5. PLN-14-00065 (9050 Telegraph)
STAFF REPORT
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
DATE: MAY 21, 2014
TO: PLANNING COMMISSION
FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-14-00065 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A
BARBERING AND BEAUTY SCHOOL WITHIN A COMBINED 4,812 SQUARE
FOOT SPACE (FIRST AND SECOND FLOORS) OF A MUTIPLE -TENANT
OFFICE BUILDING
LOCATION: 9050 TELEGRAPH ROAD, SUITES 101 & 201 (AIN 6388-002-003)
ZONING: C-P (PROFESSIONAL OFFICE)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-14-00065) is a request from Cosmetica Beauty
and Barbering School seeking approval of a conditional use permit to allow the operation of their
school on the first and second floors of an office building. The applicant proposes to utilize a 1,243
square foot on the first floor (Suite 101) and a 3,569 square foot on the second floor (Suite 201) for
classrooms, training rooms, and office spaces.
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 PLN-14-00065 (CONDITIONAL USE PERMIT), A REQUEST TO
OPERATE A BARBERING AND BEAUTY SCHOOL (COSMETICA BEAUTY AND
BARBERING SCHOOL) WITHIN A COMBINED 4,812 SQUARE FOOT SPACE
(FIRST AND SECOND FLOORS), ON PROPERTY LOCATED AT 9050
TELEGRAPH ROAD, SUITES 101 AND 201, AND ZONED C-2 (GENERAL
COMMERCIAL)
BACKGROUND
The subject property is located on the south side of Telegraph Road, between Lindell Avenue and
Arrington Avenue. The site consists of 25,400 square feet of land, with 142 feet of street frontage
along Telegraph Road. It is zoned C-2 (General Commercial) with a General Plan Land Use
Designation of “Neighborhood Commercial”. The subject site is developed with a 5,792 square
foot two-story office building with parking spaces to the north, south, and west sides of the building.
PLN-14-00065 (CUP) – 9050 Telegraph Rd
May 21, 2014 - Page 2
The surrounding properties include commercial developments in the City of Pico Rivera north of
the site (across Telegraph Rd). The south side of the project site is developed with a church.
Retail and office buildings exist to the west and east sides of the project site.
On March 12, 2014, Ms. Maria Teresa Villarreal, owner of the Cosmetica Beauty and Barbering
School, submitted a Land Use Permit Application for PLN-14-00065 (Conditional Use Permit).
Staff completed a review of the application on April 9, 2014, and deemed it complete. On May 8,
2014, notice of the pending public hearing was sent to all property owners within 500’ of the subject
site and the notice was published in the Downey Patriot.
DISCUSSION/ANALYSIS
Section 9314.04 of the Downey Municipal Code requires a conditional use permit for schools
(business, professional, trade, technical, or vocational.) The proposed use falls into this category
because the numbers of students, instructors and other participants associated with the barbering
and beauty school could have a unique impact on the area where it is located and could create
special problems for adjacent properties due to noise, traffic or parking issues.
The applicant proposes to operate the school by using the entire second floor space (3,569 sq. ft.)
and occupying one of the ground floor tenant spaces (1,243 sq. ft.). According to the applicant, the
school will offer cosmetology and barbering training to students of all ages. Upon completion of the
course syllabus, students will be issued “Certificates of Completion of Pre-Apprenticeship Training”.
The school will offer two sessions from Monday through Saturday. The morning class is from
10:00 a.m. to 3:00 p.m. and the evening class is from 4:00 p.m. to 8 p.m.
It is staff’s opinion that the proposed use will not generate noise, traffic, or parking issues because
the site was previously approved for the similar use in 1998. In addition, the site is large enough to
accommodate the number of people the barbering and beauty school will attract and the site has
enough parking available (44 spaces) to meet the City’s standards. Section 9712 of the Downey
Municipal Code (Nonresidential Parking Requirements), states that a trade school requires one (I)
parking space per 150 square feet of gross floor area. The proposed barbering and beauty school
will occupy within two tenant spaces for a combined of 4,812 square foot. It requires thirty-two (32)
off-street parking spaces. The remaining 4,188 square feet of office space requires 12 parking
spaces. Per Code, it requires one space per 350 square feet of gross floor area for office uses.
In regards to the occupancy load, staff finds that the occupancy load of Cosmetica Beauty and
Barbering School is 164 persons, based upon Table 1004.1.2 of the California Building Code
(Maximum Floor Area Allowances per Occupant), which allows one person per an occupant
load factor of 20 per net floor area for classroom and 100 per gross floor area for office uses.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed antennas for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this review, staff 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, includes minor expansion of uses including this
request. It is staff’s opinion that the proposed barbering and beauty school will not have a
significant effect on the environment; thereby qualifying for the Class 1 exemption.
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May 21, 2014 - 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 PLN-14-00065. 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 is developed with office uses and is consistent with its General Plan
designation of “Neighborhood Commercial.” The request use will be compatible with the
development pattern in the area and the project scale is small enough that it will not
impact nearby uses. The proposed barbering and beauty school requires thirty-two (32)
parking spaces, an amount that is consistent with the amount of parking this center was
designed to accommodate for business, professional, vocational schools, and office
uses. Furthermore, the proposed school will broaden career opportunities for residents.
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 no vacant properties in the
adjacent area. The subject property is currently used as a multi-tenant office center. As
such, the proposed school will not adversely affect the adjoining land uses since it use
will conform to the C-2 zone development standards, with the approval of this
Conditional Use Permit. In addition, surrounding properties are already developed with
general commercial uses.
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 a rectangular shaped lot that is improved with a two (2) story office
building and a parking lot. The proposed school will be located within the existing tenant
spaces. The subject property covers approximately 25,400 square feet of land, with 142
feet of frontage along Telegraph Road, which exceeds the minimum requirements of the
Downey Municipal Code. Thus, the site has sufficient shape and size to accommodate
the proposed project.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
Since the proposed school will have a minimal increase in the total of occupants allowed at
the site, the traffic generated by the school is not expected to increase substantially over
what presently exists at the site. The adjoining streets (Telegraph Rd and Lindell Ave) have
sufficient capacity to absorb any additional traffic the requested use may create.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
PLN-14-00065 (CUP) – 9050 Telegraph Rd
May 21, 2014 - Page 4
CONCLUSION
Based on the analysis contained within this report, staff recommends that the Planning
Commission adopt a resolution to approve PLN-14-00065 (Conditional Use Permit), thereby
allowing the operation of a barbering and beauty school at an existing commercial building, subject
to the conditions of approval.
PLN-14-00065 (CUP) – 9050 Telegraph Rd
May 21, 2014 - Page 5
Exhibits
Location
Aerial Photograph
Subject Site
PLN-14-00065 (CUP) – 9050 Telegraph Rd
May 21, 2014 - Page 6
500’ Radius Map
Zoning Map
City of Pico Rivera
City of Pico Rivera
RESOLUTION NO. 14-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-14-00065 (CONDITIONAL USE PERMIT), A REQUEST TO
OPERATE A BARBERING AND BEAUTY SCHOOL (COSMETICA BEAUTY AND
BARBERING SCHOOL) WITHIN A COMBINED 4,812 SQUARE FOOT SPACE
(FIRST AND SECOND FLOORS), ON PROPERTY LOCATED AT 9050
TELEGRAPH ROAD, SUITES 101 AND 201, AND 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 March 12, 2014, Ms. Maria Teresa Villarreal (hereinafter "applicant") filed a Land
Use Permit Application, requesting Planning Commission approval of PLN-14-00065
(Conditional Use Permit), to establish a barbering and beauty school, on property at
9050 Telegraph Road, Suites 101 & 201, and zoned C-2 (General Commercial)
(hereinafter “subject property”) (Assessor Identification No. AIN 6388-002-003); and,
B. On May 8 , 2014, notice of the pending public hearing was sent to all property owners
within 500’ of the subject site and the notice was published in the Downey Patriot;
and,
C. The Planning Commission held a duly noticed public hearing on May 21, 2014 and,
after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted Resolution No. 14-____, 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:
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 is developed with office uses and is consistent with its General Plan
designation of “Neighborhood Commercial.” The request use will be compatible with
the development pattern in the area and the project scale is small enough that it will
not impact nearby uses. The proposed barbering and beauty school requires thirty-
two (32) parking spaces, an amount that is consistent with the amount of parking this
center was designed to accommodate for business, professional, vocational schools,
and office uses. Furthermore, the proposed school will broaden career opportunities
for residents.
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 no vacant properties in the
Resolution No. 14-____
Downey Planning Commission
PLN-14-00065 (CUP) – 9050 Telegraph Rd
May 21, 2014 - Page 2
adjacent area. The subject property is currently used as a multi-tenant office center.
As such, the proposed school will not adversely affect the adjoining land uses since
it use will conform to the C-2 zone development standards, with the approval of this
Conditional Use Permit. In addition, surrounding properties are already developed
with general commercial uses.
C. The size and shape of the subject property 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 a rectangular shaped lot that is improved
with a two (2) story office building and a parking lot. The proposed school will be
located within the existing tenant spaces. The subject property covers approximately
25,400 square feet of land, with 142 feet of frontage along Telegraph Road, which
exceeds the minimum requirements of the Downey Municipal Code. Thus, the site
has sufficient shape and size to accommodate the proposed project.
D. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area. Since the proposed school will have a
minimal increase in the total of occupants allowed at the site, the traffic generated by
the school is not expected to increase substantially over what presently exists at the
site. The adjoining streets (Telegraph Rd and Lindell Ave) have sufficient capacity to
absorb any additional traffic the requested use may create.
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 PLN-14-00065 (Conditional Use
Permit), 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 21st day of May, 2014.
_______________________
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 21st day of
May, 2014, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
_______________________
Mary Cavanagh, Secretary
City Planning Commission
Resolution No. 14-____
Downey Planning Commission
PLN-14-00065 (CUP) – 9050 Telegraph Rd
May 21, 2014 - Page 3
EXHIBIT A – CONDITIONS OF APPROVAL
PLN-14-00065 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN-14-00065 (CUP) permits the operation of Cosmetica Beauty and
Barbering School at 9050 Telegraph Road, Suites 101 and 201 (Attachment ‘A’ – site plan
and floor plan). Any deviations or exceptions from said site plan, other than those authorized
by this resolution or those that do not impact other conditions, shall not be permitted without
the approval by the Downey Planning Commission.
2) 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.
3) Approval of this PLN-14-00065 (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.
4) The Downey Planning Commission shall retain jurisdiction to amend or add conditions with
public notice to assure compatibility with the purpose and intent of the Comprehensive
Zoning Ordinance and to protect the public health, safety and general welfare.
5) All signs shall comply with the requirements set forth in the Downey Municipal Code.
6) 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.
FIRE
7) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
BUILDING
8) The owner/applicant shall obtain all required permits and necessary inspections prior to
beginning operation at the site.
H:\Community Development\Nguyen\CASES\CUP\2014\9050 Telegraph (barber-cosmetic school)\14-00065 reso-approve.doc