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HomeMy WebLinkAboutPC Resolution 15-2941RESOLUTION NO. 15 -2941 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -15 -00160 (CONDITIONAL USE PERMIT): A REQUEST TO OPERATE A MASSAGE THERAPY ESTABLISHMENT WITHIN A 2,400 SQUARE FOOT TENANT SPACE, ON PROPERTY LOCATED AT 9216 & 9218 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. An application was filed by Ernest Ramirez (hereinafter "Applicant ") requesting approval of a conditional use permit to operate a massage therapy establishment, on property at 9216 & 9218 Lakewood Boulevard, Downey, California (hereinafter "Subject Site "), zoned C -2 (General Commercial); B. On September 3, 2015, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. C. The Planning Commission held a duly noticed public hearing on September 16, 2015, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, hereby adopted Resolution No. 15 -2941, approving PLN -15 -00160 (Conditional Use Permit), subject to the conditions of approval. 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. That the requested conditional use permit will not adversely affect the intent and purpose of this article 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. Upon further review of local businesses in the area, staff has noted that the City does not have a full -body massage establishment in the area. It is staff's opinion that allowing the proposed massage establishment 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. Resolution No. 15 -2941 Downey Planning Commission B. That 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. Two commercial properties in the immediate area that have been vacant for a few years are being demolished and recycled into new retail developments. Inasmuch as the proposed use will occupy an existing tenant space (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. These conditions are necessary to avoid any potential impacts on the adjoining properties. C. That 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 an existing tenant space and does not require an expansion of the building. Even though tenant improvements are being proposed, it is staff's belief that these improvements will not impact the existing uses on the site or other properties in the area. D. That 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 Boulevard, which is a major arterial within the City of Downey. 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. 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 -15- 00160, subject to the Conditions of Approval attached hereto as Exhibit A — Conditions, 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 -00160 — 9216 & 9218 Lakewood Blvd September 16, 2015 - Page 2 Resolution No. 15 -2941 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of September 2015. Hector Lujan, airman 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 September, 2015, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: Flores ABSTAIN: COMMISSIONERS: None Mary Ca anagh, Secretary City Planning Commission PLN -15 -00160 — 9216 & 9218 Lakewood Blvd September 16, 2015 - Page 3 Resolution No. 15 -2941 Downey Planning Commission CONDITIONS OF APPROVAL PLN -15 -00160 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN -15 -00160 (CUP) permits the operation of a massage therapy establishment at 9216 & 9218 Lakewood Blvd, Downey. 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 permitted hours of operation for PLN -15 -00160 are as follows: Monday through Saturday: 9:00 a.m. to 9:00 p.m. Sunday: from 10:00 a.m. to 6:00 p.m. 3) All private massage rooms' doors shall remain unlocked at all times. 4) Customers shall not be permitted in the break room or laundry area. 5) 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. 6) Approval of this PLN -15 -00160 (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. 7) 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. 8) The owner /applicant shall comply with all of the PLN -15 -00160 conditions of approval. 9) 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. 10) All signs shall comply with the requirements set forth in the Downey Municipal Code. PLN -15 -00160 — 9216 & 9218 Lakewood Blvd September 16, 2015 - Page 4 Resolution No. 15 -2941 Downey Planning Commission 11) The business owner /applicant and all masseuses shall obtain a Downey Police Permit from the Chief of Police or his or her designee to perform massage therapy, as outlined per Section 6554 and 6555 of the Downey Municipal Code. 12) All employees shall have valid identification on the premise at all time. 13) The owner /applicant and licensee shall remain in full compliance of all Local, State and Federal Laws. 14) Upon request by any Police Office or other City official, the owner /applicant or certificate holder shall provide a valid copy of certification as Certified Massage Practitioner or Certified Massage Therapist issued by California Massage Therapy Council (CAMTC). 15) A copy of PLN -15 -00160 (Conditional Use Permit) shall be prominently posted on the premises at all times. The owner /applicant shall make available said copies upon request by any Police Officer or other City official charged with the enforcement of the City's laws, ordinances, or regulations. FIRE 16) The owner /applicant shall provide emergency lighting, exit signs, and 2A -10BC fire extinguishers to the satisfaction of the Fire Department. BUILDING 17) The owner /applicant shall obtain all required permits and necessary inspections prior to beginning operation at the site. 18) All construction shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. PLN -15 -00160 — 9216 & 9218 Lakewood Blvd September 16, 2015 - Page 5