HomeMy WebLinkAboutPC Resolution 15-2943RESOLUTION NO. 15 -2943
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:
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
Resolution No. 15 -2943
Downey Planning Commission
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 n, 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: Lujan, Flores, Morales and Rodriguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Owens
ABSTAIN: COMMISSIONERS: None
Mary qavanagh, Sec tary
City Planning Commission
PLN -15 -00169 — 9964 -9968 Lakewood Boulevard
October 7, 2015 - Page 2
Resolution No. 15 -2943
Downey Planning Commission
CONDITIONAL USE PERMIT
(PLN -15- 00169, REVISION A TO PLN-1 1 -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.
PLN -15 -00169 — 9964 -9968 Lakewood Boulevard
October 7, 2015 - Page 3
Resolution No. 15 -2943
Downey Planning Commission
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.
PLN -15 -00169 — 9964 -9968 Lakewood Boulevard
October 7, 2015 - Page 4