HomeMy WebLinkAboutPC Resolution 16-2994RESOLUTION NO. 16 -2994
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.
Resolution No. 16 -2994
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 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 September 2016.
Mtias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adapted 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:
Flores, Rodriguez, Morales and Lujan
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Owens
ABSTAIN:
COMMISSIONERS:
None
Mary Ca anagh, Secrets
City Planning Commission
PLN -16 -00192 — 8847 Imperial Highway, Suite I
September 21, 2016 - Page 2
Resolution No. 16 -2994
Downey Planning Commission
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.
PLN -16 -00192 — 8847 Imperial Highway, Suite I
September 21, 2016 - Page 3
Resolution No. 16 -2994
Downey Planning Commission
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
PLN -16 -00192 — 8847 Imperial Highway, Suite I
September 21, 2016 - Page 4