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HomeMy WebLinkAbout1. PLN-16-00192 - 8847 ImperialSTAFF REPORT PLANNING DIVISION DATE: SEPTEMBER 21, 2016 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: GUILLERMO ARREOLA, SENIOR PLANNER SUBJECT: PLN-16-00192 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW THE OPERATION OF A FOOT MASSAGE ESTABLISHMENT ON THE PROPERTY LOCATED AT 8847 IMPERIAL HIGHWAY LOCATION: 8847 IMPERIAL HIGHWAY ZONING: C-2 (GENERAL COMMERCIAL) REPORT SUMMARY Youchang Dai (hereinafter referred to as “the Applicant”) is requesting a conditional use permit to allow the operation of a foot massage establishment on the property located at 8847 Imperial Highway. Pursuant to Downey Municipal Code Section 9314.04, massage therapy establishments are allowed in the C-2 (General Commercial) zone with the approval of a conditional use permit. Based on the analysis contained in this report, staff is recommending that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-16-00192 (CONDITIONAL USE PERMIT), THEREBY ALLOWING THE OPERATION OF A FOOT MASSAGE ESTABLISHMENT ON THE PROPERTY LOCATED AT 8847 IMPERIAL HIGHWAY, ZONED C-2 (GENERAL COMMERCIAL) BACKGROUND The project site is located north of Imperial Highway, west of Lakewood Boulevard (Exhibit A). The property is currently zoned C-2 (General Commercial) (Exhibit B), with a General Plan designation of GC (General Commercial). The project site is located within the Imperial Plaza shopping center, which includes a number of retail and office type uses. The properties surrounding the subject site have General Plan designation, zone, and land use as follows: Agenda Page 1 8847 Imperial Highway – PLN-16-00192 September 21, 2016 – Page 2 General Plan, Zoning and Existing Land Use General Plan Zoning Existing Use Subject Site General Commercial C-2 Shopping Center North Low Density Residential R-1 5,000 Single-Family Dwelling Units South General Commercial C-2 Commercial Center East General Commercial C-2 Auto Service/Sun Trailer Park West General Commercial C-2 Car Wash There are three foot spa establishments within the City of Downey. The nearest foot massage (L.A. Sunshine Foot Spa) is approximately 800 feet from the subject site, located at 9063 Imperial Highway, between Lakewood Boulevard and Columbia Way. On July 29, 2016, the applicant submitted a Land Use Permit Application to request a conditional use permit for the allowance of a massage therapy establishment on the property located at 9063 Imperial Highway. The application was reviewed by staff and deemed complete on August 31, 2016. The notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site on September 9, 2016. DISCUSSION The Downey Municipal Code defines a massage therapy establishment as “an establishment offering massage, acupressure, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state as part of a medical clinic. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than twenty-five (25) percent of the area of the establishment. This definition also specifically excludes Adult Massage Services”. The subject site is a 1.86 acre (81,005 square feet) lot that is located to the north of Imperial Highway, west of Lakewood Avenue. The site is made up of two parcels, with shared parking. The site includes two separate buildings, totaling 26,715 square feet of building area, with a variety of retail and personal service establishments. The parking lot contains 122 parking spaces. The total parking required for the existing uses, including the proposed foot massage establishment is 114 spaces. The proposed massage therapy establishment is specific to foot massages and will be located within a 1,400-square-foot tenant space on the subject site. It will include fifteen (15) massage chairs, spaced three (3) feet apart. Private massage rooms are not proposed, nor are private changing rooms, as they are not required for this type of massage since the customers will not disrobe. The tenant space is already improved with a restroom, which includes a toilet and hand sink. The applicant is proposing to construct two additional rooms. One room will be used for towel storage and as a breakroom, and the other room will be used for additional towel storage, wash sink, washer and dryer. The front portion of the tenant space will be used as a waiting Agenda Page 2 8847 Imperial Highway – PLN-16-00192 September 21, 2016 – Page 3 area; however, there will be no physical separation between the waiting area and the massage area. The applicant has indicated that they will be providing Chinese foot massage, which includes soaking feet for 15 minutes. During this time period, the massage therapist will lightly massage the customer’s head, neck and shoulders, followed by the masseuse massaging the customer’s feet and calves. The customer will not be required to remove any clothing during the head, neck, and should massage. Staff has added a condition of approval that prohibits the removal of clothing associated with the foot massage. DEVELOPMENT REVIEW COMMITTEE On August 10, 2016, this project was reviewed by the Development Review Committee (DRC). The Police Department provided conditions requiring that the customer area remain open and fully visible at all times and that there be no walls, dividers, barriers or other items that prevent full view of the customer area. The Fire Department also provided specific conditions that requires the applicant obtain all necessary permits and inspections, provide Knox box access, addressing visible from the street, and install a fire extinguisher, a fire sprinkler system, and a fire alarm system The Building and Engineering Departments did not have any concerns regarding this request. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff 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 the CEQA. Class 1 consists of projects that involve no or negligible expansion of the existing use. The project is categorically exempted under this Section because the property is consistent with the General Plan land use designation and complies with the Downey Municipal Code. FINDINGS Pursuant to the requirements of the Municipal Code Section 9824.06 (Conditional Use Permit), staff recommends that the Planning Commission make the following findings to approve the request: 1. 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 Agenda Page 3 8847 Imperial Highway – PLN-16-00192 September 21, 2016 – Page 4 ensure that such commerce will be efficient, functionally related, and compatible with adjacent noncommercial development. 2. 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, beauty salon, nail salon, pharmacy, and real estate office; these uses are compatible with the proposed use. 3. 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 81,589 square feet in size with a shopping center that measures 26,715 square feet. The tenant space wherein the proposed use will be located is 1,400 square feet. The site is improved with 122 parking spaces, eight (8) more spaces than are required for all of the uses within the center. 4. 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. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained in this report, the proposed request to allow a foot massage therapy establishment at the property located at 8847 Imperial Highway will provide an added service to the residents in the surrounding area and to residents and visitors of the City of Downey. Furthermore, staff believes that the proposed use meets the findings required for the approval of PLN-16-00192 (Conditional Use Permit). Therefore, staff recommends that the Planning Commission adopt the resolution (Exhibit – D) approving PLN-16-00192, subject to the conditions of approval provided therein. EXHIBITS A. Aerial Photograph B. Zoning Map C. Floor and Site Plan D. Draft Resolution Agenda Page 4 8847 Imperial Highway – PLN-16-00192 September 21, 2016 – Page 5 EXHIBIT A Aerial Photograph Agenda Page 5 8847 Imperial Highway – PLN-16-00192 September 21, 2016 – Page 6 EXHIBIT – B ZONING MAP Agenda Page 6 8847 Imperial Highway – PLN-16-00192 September 21, 2016 – Page 7 EXHIBIT – C SITE PLAN Agenda Page 7 8847 Imperial Highway – PLN-16-00192 September 21, 2016 – Page 8 EXHIBIT – C – Continued FLOOR PLAN Agenda Page 8 EXHIBIT – D RESOLUTION NO. 16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-16-00192 (CONDITIONAL USE PERMIT), THEREBY ALLOWING THE OPERATION OF A FOOT MASSAGE ESTABLISHMENT ON THE PROPERTY LOCATED AT 8847 IMPERIAL HIGHWAY, SUITE I, 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 Youchang Dai (Panda Foot Massage), requesting approval of a Conditional Use Permit (PLN-16-00192) to allow a new foot message therapy establishment, on the property located at 8847 Imperial Highway, Suite I, Downey, and zoned C-2 (General Commercial); B. On September 9, 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 September 21, 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, beauty salon, real estate office, and other office and retail uses within the center; these uses are compatible with the proposed use. Agenda Page 9 Resolution No. 16- Downey Planning Commission PLN-16-00192 – 8847 Imperial Highway, Suite I September 21, 2016 - Page 2 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 81,589 square feet in size with a shopping center that measures 26,715 square feet. The tenant space wherein the proposed use will be located is 1,400 square feet. The site is improved with 122 parking spaces, 8 more spaces than are required for all of the uses within the center. 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. In addition, the service provided will not last more than an hour, therefore creating 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-16-00192, 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 21st day of September 2016. Matias Flores, 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 21st day of September 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: _________________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 10 Resolution No. 16- Downey Planning Commission PLN-16-00192 – 8847 Imperial Highway, Suite I September 21, 2016 - Page 3 EXHIBIT – A CONDITIONS OF APPROVAL PLN-16-00192 PLANNING 1) The approval of Conditional Use Permit (PLN-16-00192) permits the operation of a foot massage establishment at 8847 Imperial Highway, Suite I. 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 the customer remains clothed and the massage is administered over the customer’s clothes. 7) The permitted hours of operation of the business are Monday through Sunday 10:00 a.m. to 10:00 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. Agenda Page 11 Resolution No. 16- Downey Planning Commission PLN-16-00192 – 8847 Imperial Highway, Suite I September 21, 2016 - Page 4 11) Customers shall not be permitted in the storage room/ laundry area and breakroom. 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) The applicant shall provide addressing clearly visible from the street. (CFC 2013, Section 505.1) prior to final project approval. 18) The applicant shall provide Knox box access (CFC 2013, Section 506.1) prior to final project approval. 19) The applicant shall obtain and mount an approved fire extinguisher, prior to beginning operation of the project site. 20) The applicant shall submit plans and obtain a permit for alteration to the fire sprinkler system. 21) The applicant shall submit plans and obtain a permit for the alteration to the fire alarm system. 22) Additional requirements may be identified at time of occupancy inspection. END OF CONDITIONS Agenda Page 12