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HomeMy WebLinkAbout2. PLN-15-00169 9968 LakewoodSTAFF REPORT PLANNING DIVISION DATE: OCTOBER 7, 2015 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: JESSICA J. FLORES, ASSOCIATE PLANNER SUBJECT: PLN-15-00169 – A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT (REVISION A TO PLN-11-00098) TO ALLOW A 1,200 SQ. FT. EXPANSION TO AN EXISTING 1,200 SQ. FT. TANNING SALON, TOTALING 2,400 SQ. FT. LOCATION: 9964-9968 LAKEWOOD BOULEVARD ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY On August 13, 2015, Ms. Flower Huizar, submitted a Land Use Permit Application (hereinafter referred to as PLN-15-00169), seeking the Planning Commission’s approval of a conditional use permit to expand an existing tanning salon. After reviewing the Applicant’s request, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-15-00169, THEREBY ALLOWING THE MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT (REVISION A TO PLN-11-00098) TO PERMIT A 1,200 SQ. FT. EXPANSION TO AN EXISTING 1,200 SQ. FT. TANNING SALON, TOTALING 2,400 SQ. FT., ON PROPERTY LOCATED AT 9964-9968 LAKEWOOD BOULEVARD, ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The Applicant, Ms. Flower Huizar is requesting approval of a conditional use permit to expand an existing tanning salon, previously approved in June, 2011, per Resolution No. 11-2716. At that time, the tanning salon was permitted to operate within a 1,200 sq. ft. tenant space located at 9968 Lakewood Blvd. Today, the applicant wishes to expand said tenant space by an additional 1,200 sq. ft. The additional square footage is currently located immediately adjacent, and to the north of the subject location, at 9964 Lakewood Boulevard. 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 Agenda Page 1 PLN-15-00169, 9964-9968 Lakewood Boulevard October 7, 2015 - Page 2 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. The property to the north of the subject site is zoned R-1 10,000 (Single Family Residential) and is improved with a two-story office building, which exists in this zone under Zone Exception 63-409. The property to the south is zoned C-2 (General Commercial) and is improved with a medical office building. The property located to the east of the subject site is zoned R-1 10,000 (Single Family Residential); the properties in this immediate vicinity are improved with single-family dwelling units. Finally, the property to the west of the subject site, located across Lakewood Blvd, zoned R-1 7,500 (Single Family Residential) and is improved with a used car sales lot. Conditional Use Permit The applicant is making her request pursuant to the provisions of Municipal Code Section 9314.04, which allow 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). The applicant is proposing to expand an existing 1,200 sq. ft. tanning salon by expanding into the 1,200 sq. ft. adjacent and vacant tenant space; with such expansion, the tanning salon would total 2,400 sq. ft. The proposed expansion area was used as office space previously and the applicant proposes to use the existing offices as individual service rooms. The applicant is proposing the following with said expansion: • Four (4) traditional tanning beds • Four (4) spray tan booths • Three (3) stand-up tanning booths • One (1) leg tanning booth • One (1) body wrap room • Two (2) waxing rooms Additionally, the applicant is proposing to sell a variety of tanning products, such as tanning lotions; however retail sales is considered an ancillary use since it is a minimal portion of their business. The proposed hours of operation are Monday through Thursday - 10:00 a.m. to 8:00 p.m.; Friday – 10:00 a.m. to 7:00 p.m.; Saturday - 10:00 a.m. to 6:00 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. Parking requirements for tanning salons are 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 because the rear door of the business faces single-family residences. Although 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 provide employee ingress/egress. Agenda Page 2 PLN-15-00169, 9964-9968 Lakewood Boulevard October 7, 2015 - Page 3 Cities often have problems with illicit activity (prostitution) at tanning salons. As noted above, the timers for most of the 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 most of the rooms, except in cases to provide equipment instruction or in the manual spray tanning and waxing rooms. 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 requiring the maintenance of visibility through the front windows at all times. 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 CEQA. Class 1 consists of projects that involve no or negligible expansion of the existing use. Since the proposed use will be located within an existing multi-tenant building, staff feels the proposed project qualifies for a Class 1 exemption. DEVELOPMENT REVIEW COMMITTEE On August 20, 2015, the Development Review Committee (DRC) discussed and evaluated the aspects of the project PLN-15-00169 proposes that pertain to Planning, Police, Fire, Public Works, and Building and Safety matters. Since the business has existed for the past four (4) years with no incidents under the current applicant’s ownership, the aforementioned departments and divisions had no concerns with the proposed project and requested that only their standard conditions of approval be imposed on the project. FINDINGS Based on the requirements of the Downey 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 is to 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. Agenda Page 3 PLN-15-00169, 9964-9968 Lakewood Boulevard October 7, 2015 - Page 4 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 existing tenant spaces (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 existing tenant spaces 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. Staff completed a review of the application and deemed it complete on September 11, 2015. Staff mailed notices of the pending public hearing to all property owners within 500 feet of the subject site and published the notice in the Downey Patriot on September 24, 2015. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-15-00169, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. Agenda Page 4 PLN-15-00169, 9964-9968 Lakewood Boulevard October 7, 2015 - Page 5 ZONING MAP SITE PHOTOGRAPH Agenda Page 5 PLN-15-00169, 9964-9968 Lakewood Boulevard October 7, 2015 - Page 6 AERIAL PHOTOGRAPH Subject Site Agenda Page 6 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-15-00169, THEREBY ALLOWING THE MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT (REVISION A TO PLN-11-00098) TO PERMIT A 1,200 SQ. FT. EXPANSION TO AN EXISTING 1,200 SQ. FT. TANNING SALON, TOTALING 2,400 SQ. FT., ON PROPERTY LOCATED AT 9964-9968 LAKEWOOD BOULEVARD, 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 August 13, 2015, the applicant, submitted a Conditional Use Permit (hereinafter referred to as PLN-15-00169), seeking the Planning Commission’s approval to expand an existing tanning salon; and, B. On September 11, 2015, the Conditional Use Permit application was deemed complete; and, C. On September 24, 2015, 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 October 7, 2015 and after fully considering all oral and written testimony and facts and 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 is to 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 expansion 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 and expansion 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 existing Agenda Page 7 Resolution No. Downey Planning Commission PLN-15-00169 – 9964-9968 Lakewood Boulevard October 7, 2015 - Page 2 tenant spaces (no additions to the building are being proposed), this use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding this, 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 existing tenant spaces 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-15-00169), 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 7th day of October, 2015. Hector Lujan, 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 7th day of October, 2015, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 8 Resolution No. Downey Planning Commission PLN-15-00169 – 9964-9968 Lakewood Boulevard October 7, 2015 - Page 3 CONDITIONAL USE PERMIT (PLN-15-00169, REVISION A TO PLN-11-00098) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN-15-00169, Revision A to PLN-11-00098) permits the expansion of an existing 1,200 sq. ft. tanning salon (9968 Lakewood Boulevard), into an adjacent 1,200 sq. ft. tenant space (9964 Lakewood Boulevard). With such expansion, the tanning salon would total 2,400 sq. ft. and is permitted to have the following: • Four (4) traditional tanning beds • Four (4) spray tan booths • Three (3) stand-up tanning booths • One (1) leg tanning booth • One (1) body wrap room • Two (2) waxing rooms 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 Thursday - 10:00 a.m. to 8:00 p.m.; Friday - 10:00 a.m. to 7:00 p.m.; Saturday - 10:00 a.m. to 6:00 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, office, staff lounge, or laundry areas. 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, during maintenance or repair, in cases of emergency, or within the manual tanning room and/or the waxing room. Agenda Page 9 Resolution No. Downey Planning Commission PLN-15-00169 – 9964-9968 Lakewood Boulevard October 7, 2015 - Page 4 11) The rear door of the business shall remain closed at all times, except to permit employee ingress/egress. 12) Resolution No. 11-2716 and all Conditions of Approval there of shall be deemed null and void. 13) The owner/applicant shall comply with all City of Downey noise regulations. In any case, noise shall not exceed 65 dBA, as measured at the property line. Should any noise complaints be formally submitted to the City, the applicant/owner shall be responsible to hire a noise consultant to measure the dBA during use, and provide the evidence to the City Planner that said use does not exceed 65 dBA. BUILDING 14) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 15) 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. 16) The applicant shall provide a unisex accessible restroom and accessible doorways to each type of tanning, waxing, and body wrap rooms. FIRE 17) All construction shall comply with the 2013 California Fire Code. PUBLIC WORKS 18) The applicant shall install all new utilities associated with this project underground. 19) 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. 20) 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. Agenda Page 10