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HomeMy WebLinkAboutPC Resolution 16-2956RESOLUTION NO. 16 -2956 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. Resolution No. 16 -2956 Downey Planning Commission 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. PLN -15 -00207 — 7847 Florence Avenue, Suite 104 January 6, 2016 - Page 2 Resolution No. 16 -2956 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of January, 2016. Hector L n, C srman City Planning Qpbrnmission 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: Lujan, Flores, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ary Ca anagh, Secreta City Planning Commission PLN -15 -00207 — 7847 Florence Avenue, Suite 104 January 6, 2016 - Page 3 Resolution No. 16 -2956 Downey Planning Commission 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 • One (1) facial room 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) 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. PLN -15 -00207 — 7647 Florence Avenue, Suite 104 January 6, 2016 - Page 4 Resolution No. 16 -2956 Downey Planning Commission 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. PLN -15 -00207 — 7847 Florence Avenue, Suite 104 January 6, 2016 - Page 5