The URL can be used to link to this page

Home My WebLink AboutPC Resolution 16-2984RESOLUTION NO. 16 -2984 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -16 -00084 (CONDITIONAL USE PERMIT), THEREBY ALLOWING THE OPERATION OF A FOOT MASSAGE ESTABLISHMENT ON THE PROPERTY LOCATED AT 9063 IMPERIAL HIGHWAY, 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. An application was filed by Marta C. Alvarez (LA Sunshine Foot Spa), requesting approval of a Conditional Use Permit (PLN -16- 00084) to allow a new foot spa message therapy establishment, on the property located at 9063 Imperial Highway, Downey, and zoned C -2 (General Commercial) and PB (Parking Buffer); B. On May 5, 2016, 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 May 18, 2016 and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. 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. The requested conditional use permit to operate a foot massage therapy establishment will not adversely affect the intent and purpose of the Municipal Code and General Plan since the use will provide an additional service to the residents in the city. The subject property is within the C -2 (General Commercial) zone, which is intended to provide for and encourage the orderly development of commercial uses, with a wide variety of goods and services, for the residents of the entire City, with provisions designed to ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development. 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 proposed conditional use permit will not adversely affect the adjoining land uses in that the adjoining land uses are also zoned C -2 (General Commercial) and include uses such as a barber shop, nail salon, pharmacy, and meat market; these uses are compatible with the proposed use. Resolution No. 16 -2984 Downey Planning Commission 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 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 in that the subject property is 50,094 square feet in size with a shopping center that measures 11,640 square feet. The tenant space wherein the proposed use will be located is 1,020 square feet. The site is providing 11 parking spaces in excess of the parking required for the uses on the lot. D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area in that there is an excess parking on the site which will accommodate the patrons for this business. Also, the service provided will not last more than an hour, therefore promoting a high parking turnover. 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 -16- 00084, 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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of Mayol 6. n Flores, Chairman 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 18th day of May 2016, by the following vote, to wit: AYES: COMMISSIONERS: Flores, Rodriguez, Morales, Lujan and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary CaAnagh, Secretary City PlaAng Commission PLN -16 -00084 — 9063 Imperial Highway May 18, 2016 - Page 2 Resolution No. 16 -2984 Downey Planning Commission CONDITIONS OF APPROVAL PLN -16 -00084 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of Conditional Use Permit (PLN -16- 00084) permits the operation of a foot massage establishment at 9063 Imperial Highway. 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 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. 6) Massage shall be limited to calves, shins, ankles, and feet only. Additionally, massage of the customer's neck, shoulders, and back may be permitted provided it is over the customer's clothes. 7) The permitted hours of operation of the business are Monday through Friday 10:00 a.m. to 9:00 p.m. and Saturday and Sunday 10:00 a.m. to 8:00 p.m. 8) All signs shall comply with the requirements set forth in the Downey Municipal Code and shall require separate permits. POLICE 9) The customer area shall remain open and fully visible at all times. There shall be no walls, dividers, barriers or other items that prevent full view of the customer area. 10) Windows shall be kept free and clear, except for permitted signs, such that the entire business is visible from the exterior of the space. PLN -16 -00084 — 9063 Imperial Highway May 18, 2016 - Page 3 Resolution No. 16 -2984 Downey Planning Commission 11) Customers shall not be permitted in the storage room/ laundry area. 12) The business owner and all masseuses shall obtain a Downey Police Permit to perform massage from the Chief of Police or his or her designee as outlined per Section 6554 and 6555 of the Downey Municipal Code or obtain state licensure through the California Massage Therapy Council. 13) All employees shall have proper proof and identification of massage licensure on the premise at all time. 14) A copy of the Conditional Use Permit shall be prominently posted on the premises at all times. The 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. BUILDING 15) Any proposed on -site improvements shall comply with the 2013 California Building Code and Title 24 of the California Energy Code. FIRE 16) Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and approved permits prior to beginning operation of the site. 17) Provide addressing clearly visible from the street. (CFC 2013, Section 505.1) 18) Prove Knox box access (CFC 2013, Section 506.1) 19) Obtain and mount an approved fire extinguisher. 20) Additional requirements may be identified at time of occupancy inspection. PUBLIC WORKS 21) Ensure that all permits and approvals are obtained. END OF CONDITIONS PLN -16 -00084 — 9063 Imperial Highway May 18, 2016 - Page 4