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HomeMy WebLinkAbout1. PLN-15-00207 7847 Florence Ste 104STAFF REPORT PLANNING DIVISION DATE: JANUARY 6, 2016 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-15-00207 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A DAY SPA AND MASSAGE THERAPY ESTABLISHMENT LOCATION: 7847 FLORENCE AVENUE, SUITE NO. 104 ZONING: C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER) REPORT SUMMARY During its Regular meeting of December 16, 2015, the Planning Commission held a duly noticed public hearing to consider PLN-15-00207 (Conditional Use Permit); a request to operate a day spa and massage therapy establishment at 7847 Florence Avenue, Suite No. 104. Staff presented the item, which included a discussion regarding certain conditions of approval that had been incorporated into the resolution to mitigate staffs’ concerns with the proposed use as a massage establishment. Furthermore, when the applicant presented her testimony, she requested that the conditions of approval be amended, thereby allowing for two (2) massage tables within two (2) rooms for couples massage services at this establishment. The Planning Commission expressed a concern with staffs’ conditions after considering the applicant’s request. Additionally, the Planning Commission questioned the incomplete status of the fingerprinting and background check of the applicant, Irma Alarcon Bernal, by the Downey Police Department. After fully considering all oral and written testimony, facts and opinions offered at the aforementioned hearing, the Planning Commission continued the item to its regularly scheduled meeting of January 6, 2016, pending staff’s investigation of the following issues: • Police Department response to the proposed number of massage tables within each massage room; • Review and approval of Downey Police Department fingerprinting and background check for the Applicant; and • Planning staff review of previous conditions of approval for massage establishments. ANALYSIS Staff reviewed the Applicant’s request to change the number of massage tables within each massage room with Police Department staff. At that time, they informed Planning staff that they Agenda Page 1 PLN-15-00207, 7847 Florence Avenue, Suite No. 104 January 6, 2016 - Page 2 had no concerns with the applicant’s request to increase the quantity of tables to two (2) massage tables within two (2) of the massage rooms at the proposed establishment. Furthermore, the Police Department was unable to process a second set of fingerprints and background check for the applicant, because she had already complied with all necessary requirements through the fingerprinting and background check completed by the California Massage Therapy Council (CMTC) at the time the applicant applied for renewal of her current Massage Therapy Certificate, issued on October 24, 2015, and which is not due to expire for two (2) years (October, 2017). Consequently, the Police Department has no concerns with this application or with the applicant, and recommends approval of PLN-15-00207. Staff reviewed the case file of four (4) previously approved Conditional Use Permits (CUPs) for massage establishments and determined that since 2010, the Planning Commission has not imposed any conditions of approval that limit the number of beds within a massage therapy room. As such, staff has removed the conditions limiting the number of massage tables within each massage room, thus coinciding with the Police Department’s recommendation. CONCLUSION After reviewing the Applicant’s updated request, staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-15-00207, subject to the revised conditions of approval as stated in Exhibit A of the Planning Commission Resolution. Attachments: • Updated Resolution • December 16, 2015 Staff Report, and Resolution Agenda Page 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-15-00207 (CONDITIONAL USE PERMIT) THEREBY APPROVING A DAY SPA AND MASSAGE THERAPY ESTABLISHMENT, ON PROPERTY LOCATED AT 7847 FLORENCE AVENUE, SUITE NO. 104, ZONED C-2 (GENERAL COMMERCIAL) & P-B (PARKING BUFFER) 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 October 15, 2015, the applicant, submitted a Conditional Use Permit (hereinafter referred to as PLN-15-00207), seeking the Planning Commission’s approval to operate a day spa and massage establishment; and, B. On November 12, 2015, the Conditional Use Permit application was deemed complete; and, C. On December 3, 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 December 16, 2015 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing continued the public hearing to the regularly scheduled Planning Commission meeting of January 6, 2016. E. The Planning Commission held a duly noticed public hearing on January 6, 2016 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: 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. It is staff’s opinion that allowing the proposed day spa and massage establishment will assist in implementing this policy since it will permit a use that does not currently exist in the vicinity of the subject site. 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. Agenda Page 3 Resolution No. Downey Planning Commission PLN-15-00207 – 7847 Florence Avenue, Suite 104 January 6, 2016 - Page 2 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), the proposed use will not prevent surrounding properties from being developed/redeveloped. Notwithstanding, several conditions of approval have been included to prevent the proposed use from being a burden onto others. These conditions are necessary to avoid any adverse effects onto adjoining tenants and properties. 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 space which does not require an expansion of the building. The day spa/massage establishment will not impact the existing uses on the site or other properties in the area. As such, the subject has sufficient shape and size to accommodate the proposed use. 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 Florence Avenue, 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 has been concluded 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. 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-15-00207), 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. Agenda Page 4 Resolution No. Downey Planning Commission PLN-15-00207 – 7847 Florence Avenue, Suite 104 January 6, 2016 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of January, 2016. 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 6th day of January, 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 5 Resolution No. Downey Planning Commission PLN-15-00207 – 7847 Florence Avenue, Suite 104 January 6, 2016 - Page 4 CONDITIONAL USE PERMIT (PLN-15-00207) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN-15-00207) permits a day spa and massage establishment at the property located at 7847 Florence Avenue, Suite 104. The tenant space shall total a maximum of 964 sq. ft. and is permitted to have the following: • Three (3) massage rooms, each containing one (1) massage table • One (1) facial room, containing one (1) facial table 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 Sunday to Saturday 10:00 a.m. to 9:00 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. No more than one (1) employee, in addition to one (1) customer, shall be allowed in the massage or facial rooms at any given time. This shall not apply to employees that are instructing a customer while the room is open, during maintenance or repair, or in cases of emergency. 9) The 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 to attack, review, set aside, void or annul the approval of this resolution, to challenge the approval of this resolution on the basis of the California Environmental Quality Act, or to determine 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. Agenda Page 6 Resolution No. Downey Planning Commission PLN-15-00207 – 7847 Florence Avenue, Suite 104 January 6, 2016 - Page 5 Agenda Page 7 Resolution No. Downey Planning Commission PLN-15-00207 – 7847 Florence Avenue, Suite 104 January 6, 2016 - Page 6 BUILDING 10) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 11) 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. FIRE 12) All construction shall comply with the 2013 California Fire Code. PUBLIC WORKS 13) The applicant shall install all new utilities associated with this project underground. 14) 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. 15) Prior to the final of any 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. POLICE 16) The applicant shall have all employees register with the Police Department and fulfill any requirements (i.e. Police Permit, fingerprinting, background check, California Massage Therapy Council certificate verification, etc.), found necessary to deem the employee suitable to perform massage and/or aesthetician services within this establishment. Agenda Page 8 STAFF REPORT PLANNING DIVISION DATE: DECEMBER 16, 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-15-00207 (CONDITIONAL USE PERMIT) – A REQUEST TO OPERATE A DAY SPA AND MASSAGE THERAPY ESTABLISHMENT LOCATION: 7847 FLORENCE AVENUE, SUITE NO. 104 ZONING: C-2 (GENERAL COMMERCIAL) & P-B (PARKING BUFFER) REPORT SUMMARY On October 15, 2015, Ms. Irma Alarcon Bernal, submitted a Land Use Permit Application (hereinafter referred to as PLN-15-00207), seeking the Planning Commission’s approval of a conditional use permit to operate a day spa and massage therapy establishment. 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-15-00207 (CONDITIONAL USE PERMIT) THEREBY APPROVING A DAY SPA AND MASSAGE THERAPY ESTABLISHMENT, ON PROPERTY LOCATED AT 7847 FLORENCE AVENUE, SUITE NO. 104, ZONED C-2 (GENERAL COMMERCIAL) & P-B (PARKING BUFFER) BACKGROUND The subject property is a 2.7 acre parcel located on the north side of Florence Avenue and surrounded by Smallwood Avenue on the west, Dinsdale Street on the north, and Tweedy Lane on the east. Two zoning designations affect the subject property: the southerly 130 feet along Florence Avenue is zoned C-2 (General Commercial), while the remaining, 130 northerly feet is zoned P-B (Parking Buffer). The General Plan designation is GC (General Commercial). Three buildings exist on the property; a multi-tenant office and retail building, and two restaurants (Kentucky Fried Chicken and The Marketplace Grill and Cafe). Parking exists on the north and west sides of the subject site. The properties to the north of the subject site are zoned R-1, 7,500 (Single Family Residential) and R-3 (Multi-Family Residential) and are developed with condominiums and single family residences. The properties located to the west are zoned C-1 (Neighborhood Agenda Page 9 PLN-15-00207, 7847 Florence Avenue, Suite No. 104 December 16, 2015 - Page 2 Commercial) and R-1 7,500 (Single-Family Residential), and are developed with a multi- tenant office building and single family residences. Properties to the south are zoned C-1 (Neighborhood Commercial) and C-2 (General Commercial) and are developed with a multi- tenant office and commercial building and restaurants. Finally, the properties to the east are zoned C-2 (General Commercial), and are developed with general commercial buildings and uses. Conditional Use Permit The applicant is making his request pursuant to the provisions of Downey Municipal Code (DMC) Section 9314.04, which allows the operation of day spas and massage establishments 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 a day spa and massage establishment within an existing vacant tenant space at the subject site. She is proposing to combine two existing tenant spaces to total 964 sq. ft.. This tenant space will include: a lobby area, bathroom, storage area, three (3) massage therapy rooms, and one (1) facial room. Hours of operation are proposed as 10:00 a.m. to 9:00 p.m. Sunday through Saturday. The applicant will own and operate the proposed business establishment, and intends on hiring approximately three (3) to five (5) state-certified employees within the first few months of opening. The parking standard for a day spa/massage establishment is one parking space per 300 square feet of gross f loor area, which represents a less intense parking ratio than that of General Commercial, which is one parking space per 250 square feet of gross floor area. By that standard, the proposed use requires four (4) parking spaces, based on the ratio of 964 sq. ft. of floor area/300. As such, staff does not expect the proposed use to impact the property’s parking supply because the location for the day spa/massage establishment is within an existing multi-tenant shopping center, intended for general commercial, professional office, and personal services uses. Cities often have problems with illicit activity (prostitution) at day spas and massage establishments. Due to this, staff requested a copy of the applicant’s current California Massage Therapy Council certificate and has required her to begin the City’s Police Permit process, both of which require fingerprinting and background checks, prior to Planning Commission review of this application. Additionally, staff is recommending a condition of approval that prohibits more than one (1) employee within a closed room at any time, and requiring the maintenance of visibility through the front windows of the establishment 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. Agenda Page 10 PLN-15-00207, 7847 Florence Avenue, Suite No. 104 December 16, 2015 - Page 3 DEVELOPMENT REVIEW COMMITTEE On October 27, 2015, the Development Review Committee (DRC) discussed and evaluated various aspects of the project PLN-15-00207 proposes that pertain to Planning, Police, Fire, Public Works, and Building and Safety matters. Building and Safety indicated a concern with American with Disabilities Act (ADA) bathroom requirements, which will be addressed through the plan check process for any proposed tenant improvements; a Condition of Approval requiring the proposed use to adhere to current Building Code requirements has been included to mitigate this concern. Planning staff also voiced a concern with the proposed use and requested the Police Department’s feedback. After a review of the applicant’s California Massage Therapy Council Certificate and the submittal of a Police Permit, the Police Department had no concerns with the applicant’s ownership and operation of the proposed business, subject to the approval of this conditional use permit. 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. It is staff’s opinion that allowing the proposed day spa and massage establishment will assist in implementing this policy since it will permit a use that does not currently exist in the vicinity of the subject site. 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. 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 effects on the adjoining properties. As such, staff feels that this finding can be adopted. Agenda Page 11 PLN-15-00207, 7847 Florence Avenue, Suite No. 104 December 16, 2015 - Page 4 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 space which does not require an expansion of the building. The day spa/massage establishment, 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 Florence Avenue, 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 November 12, 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 December 3, 2015. CONCLUSION Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-15-00207, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. Agenda Page 12 PLN-15-00207, 7847 Florence Avenue, Suite No. 104 December 16, 2015 - Page 5 ZONING MAP SITE PHOTOGRAPH Agenda Page 13 PLN-15-00207, 7847 Florence Avenue, Suite No. 104 December 16, 2015 - Page 6 AERIAL PHOTOGRAPH Agenda Page 14 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-15-00207 (CONDITIONAL USE PERMIT) THEREBY APPROVING A DAY SPA AND MASSAGE THERAPY ESTABLISHMENT, ON PROPERTY LOCATED AT 7847 FLORENCE AVENUE, SUITE NO. 104, ZONED C-2 (GENERAL COMMERCIAL) & P-B (PARKING BUFFER) 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 October 15, 2015, the applicant, submitted a Conditional Use Permit (hereinafter referred to as PLN-15-00207), seeking the Planning Commission’s approval to operate a day spa and massage establishment; and, B. On Novmeber 12, 2015, the Conditional Use Permit application was deemed complete; and, C. On December 3, 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 December 16, 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: 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. It is staff’s opinion that allowing the proposed day spa and massage establishment will assist in implementing this policy since it will permit a use that does not currently exist in the vicinity of the subject site. 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. 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), the proposed use Agenda Page 15 Resolution No. Downey Planning Commission PLN-15-00207 – 7847 Florence Avenue, Suite 104 December 16, 2015 - Page 2 will not prevent surrounding properties from being developed/redeveloped. Notwithstanding, several conditions of approval have been included to prevent the proposed use from being a burden onto others. These conditions are necessary to avoid any adverse effects onto adjoining tenants and properties. 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 space which does not require an expansion of the building. The day spa/massage establishment will not impact the existing uses on the site or other properties in the area. As such, the subject has sufficient shape and size to accommodate the proposed use. 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 Florence Avenue, 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 has been concluded 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. 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-15-00207), 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. Agenda Page 16 Resolution No. Downey Planning Commission PLN-15-00207 – 7847 Florence Avenue, Suite 104 December 16, 2015 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of December, 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 16th day of December, 2015, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 17 Resolution No. Downey Planning Commission PLN-15-00207 – 7847 Florence Avenue, Suite 104 December 16, 2015 - Page 4 CONDITIONAL USE PERMIT (PLN-15-00207) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN-15-00207) permits a day spa and massage establishment at the property located at 7847 Florence Avenue, Suite 104. The tenant space shall total a maximum of 964 sq. ft. and is permitted to have the following: • Three (3) massage rooms, each containing one (1) massage table • One (1) facial room, containing one (1) facial table 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 Sunday to Saturday 10:00 a.m. to 9:00 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. 9) No more than one (1) employee, in addition to one (1) customer, shall be allowed in the massage or facial rooms at any given time. This shall not apply to employees that are instructing a customer while the room is open, during maintenance or repair, or in cases of emergency. 10) The 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 to attack, review, set aside, void or annul the approval of this resolution, to challenge the approval of this resolution on the basis of the California Environmental Quality Act, or to determine 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, Agenda Page 18 Resolution No. Downey Planning Commission PLN-15-00207 – 7847 Florence Avenue, Suite 104 December 16, 2015 - Page 5 participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. BUILDING 11) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. 12) 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. FIRE 13) All construction shall comply with the 2013 California Fire Code. PUBLIC WORKS 14) The applicant shall install all new utilities associated with this project underground. 15) 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. 16) Prior to the final of any 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. POLICE 17) The applicant shall have all employees register with the Police Department and fulfill any requirements (i.e. Police Permit, fingerprinting, background check, California Massage Therapy Council certificate verification, etc.), found necessary to deem the employee suitable to perform massage and/or aesthetician services within this establishment. Agenda Page 19