HomeMy WebLinkAbout1. PLN-17-00047 9237 LakewoodSTAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 6, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: MONICA ESPARZA, ASSOCIATE PLANNER
SUBJECT: PLN-17-00047 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
THE OPERATION OF A FULL-BODY MASSAGE ESTABLISHMENT
LOCATION: 9237 LAKEWOOD BOULEVARD
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
In-Step Massage (hereinafter referred to as “the Applicant”) is requesting a Conditional Use
Permit to allow the operation of a full-body massage establishment on the property located at
9237 Lakewood Boulevard. Pursuant to 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-17-00047 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
THE OPERATION OF A FULL-BODY MASSAGE ESTABLISHMENT ON THE
PROPERTY LOCATED AT 9237 LAKEWOOD BLVD, ZONED C-2 (GENERAL
COMMERCIAL)
BACKGROUND
The subject site is located on the northwest corner of Lakewood Boulevard and Gallatin Road.
The property is currently zoned C-2 (General Commercial) and has a General Plan Land Use
Designation of General Commercial. Abutting the subject site is Chris & Pitt’s Restaurant to the
south, multiple-family dwelling units to the west and north, and The Marketplace shopping
center to the east, across Lakewood Blvd. The properties directly abutting the subject site all
have a zoning designation of C-2 (General Commercial). The properties to the north and west of
the commercially zoned properties are zoned R-3 (Multiple-Family Residential). The subject site
is approximately 31,700 square feet and is located on the west side of Lakewood Boulevard,
north of Gallatin Road. The site is improved with an in-line, multiple- tenant building that houses
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storage space for Chris and Pitt’s restaurant, a business office, and a general retail store. The
parking lot of the site contains 89 parking spaces that are located around the perimeter of the
building.
Street View of Subject Site from Lakewood Blvd.
On April 4, 2017, the applicant submitted a Conditional Use Permit application to request the
allowance of a foot massage therapy establishment on the property located at 9237 Lakewood
Blvd. The application was reviewed by staff and deemed incomplete on April 21, 2017. The
applicant submitted the requested materials on May 15, 2017. Staff deemed the application
complete on May 17, 2017. On June 7, 2017, the Applicant notified staff that they wanted to
change their request to a full-body massage therapy establishment. As such, staff deemed the
application incomplete. The Applicant resubmitted the required materials on July 25, 2017. 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 August 24, 2017.
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 proposed massage therapy establishment is for full-body massages and will be located
within a 1,400-square-foot tenant space on the subject site. Full-body massages will include a
combination of hot oil, Swedish, deep tissue, and shiatsu massages. The space will include four
(4) massage beds, separated by curtains, and seven (7) massage chairs for foot, neck, and
head massages. Customers will disrobe for the full-body massages within the curtained area. In
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addition, there is one (1) waiting room, one (1) customer restroom that is ADA accessible, and
one (1) employee lunch room. The Applicant is requesting that the establishment be open daily,
from 10:00 a.m. to 10:00 p.m.
Separate from this review, the property owner of this site must submit an application for a
Planned Sign Program in order to install a sign for this establishment. There is currently an
unpermitted roof sign installed on the property. This will be rectified with the approval of a
Planned Sign Program.
During the review of this application, the Police Department made mention of concerns with
visibility into the establishment. As such, staff is recommending Conditions of Approval that
required the Applicant to remove the existing tint on the exterior windows facing Lakewood
Boulevard. Pedestrians will be able to see that there is a massage establishment while still
offering privacy for those experiencing full-body massages.
Parking
According to the Applicant, the space wherein the proposed use will be located has been vacant
for approximately 10 years. Since parking for the establishment is available to the rear of the
proposed use, staff has included a condition that the rear door remains unlocked, but closed
during operating hours. This will allow convenient access for patrons to enter the business if
they decide to park in the rear, but will also mitigate any noise created by the proposed use from
impacting the adjacent residents.
Parking for the subject site is shared with parking for Chris and Pitt’s restaurant, located on the
adjacent lot. There are a total of 89 parking spaces available for both sites. Pursuant to Downey
Municipal Code Section 9712, the parking requirements for each tenant space are as follows:
Use Parking Calculation Parking Requirement
Chris & Pitt’s Restaurant 1 per 100 S.F. of gross floor
area
43 spaces
Chris & Pitt’s Storage 1 per 250 S.F of gross floor
area
2 spaces
Proposed Full-body Massage
Establishment
1 per 300 S.F. of gross floor
area
5 spaces
Window Store 1 per 500 S.F. of gross floor
area
3 spaces
Chris & Pitt’s Office 1 per 300 S.F. of gross floor
area
7 spaces
Out of the 89 parking spaces that are on-site, the total required parking for these uses is 60. As
such, the site has a surplus of 29 parking spaces.
DEVELOPMENT REVIEW COMMITTEE
On April 20, 2017, this project was reviewed by the Development Review Committee (DRC).
The Police Department had concerns regarding visibility into the establishment and provided
conditions to address those concerns. Planning had concerns regarding noise emitting from the
rear door and the existing, unpermitted roof sign. Conditions have been added to address these
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concerns. The Fire, Building, and Engineering Departments did not have any concerns
regarding this request, beyond requiring compliance with current codes.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been 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 proposed use is contained
within the existing building and will not result in an expansion of the building.
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 full-body 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. The massage establishment is
consistent with this intent since it will occupy a vacant tenant space, add an additional
service to the area, and will operate without creating an impact to the surrounding uses.
The proposed use also complies with Policy 1.1.4 of the General Plan, wherein it states
that the City of Downey should provide an appropriate amount of land area for people to
acquire goods and services. Within the City of Downey, there are limited locations where
full-body massage services are provided; therefore, this is consistent with this policy.
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 massage therapy establishment will not adversely affect the adjoining
land uses in that the parking demand generated from the proposed use will be contained
onsite. Additionally, the proposed use will occupy an existing tenant space and will not
require expansion of the building. The adjoining land uses include a variety of
commercial services, such as a general retail, a grocery store, restaurants, and a fitness
center. Furthermore, the use will provide an additional service for the adjacent
residences. This will add diversity to the types of businesses in the area and can
potentially draw forth more clientele for the adjacent businesses. A condition has been
placed on the project to install a self-closing door hinge on the rear door to prevent noise
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from emitting from the business and to prevent the door from slamming shut. Access to
the massage establishment is off of Lakewood Boulevard; therefore, pedestrian traffic
will not produce noise for the residents to the rear of the building. Additionally, access to
the adjacent residences is off Gallatin Road; therefore, the new use will not hinder
access to these residences.
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 is adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area. The subject property is 31,700
square feet in size with a shopping center that measures 6,420 square feet. The tenant
space wherein the proposed use will be located is 1,400 square feet. The site has a
surplus of parking for the uses on the site and will be contained within the existing
space.
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 the site is located on the corner of Lakewood
Boulevard and Gallatin Road. The addition of this use in the vicinity will not impose an
undue burden because it will not generate a significant increase in traffic and the streets
have sufficient capacity to accommodate the new use.
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 full-body
massage therapy establishment at the property located at 9237 Lakewood Blvd will provide an
added service to the residents and visitors of the surrounding area. Furthermore, staff believes
that the proposed use meets the findings required for the approval of the Conditional Use
Permit. Therefore, staff recommends that the Planning Commission adopt the resolution
approving the Conditional Use Permit, subject to the conditions of approval provided therein.
EXHIBITS
A. Location Map/ Aerial Photograph & Zoning Map
B. Draft Resolution
C. Project Plans
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Exhibit ‘A’ - Maps
LOCATION MAP & AERIAL PHOTOGRAPH
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ZONING MAP
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RESOLUTION NO. 17-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A CONDITIONAL USE PERMIT (PLN-17-00047), THEREBY ALLOWING
THE OPERATION OF A FULL-BODY MASSAGE ESTABLISHMENT ON THE
PROPERTY LOCATED AT 9237 LAKEWOOD BLVD, 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 In-Step Massage (hereinafter referred to as “the
Applicant”) on April 4, 2017, requesting approval of a Conditional Use Permit
(PLN-17-00047) to allow a new foot massage therapy establishment, on the
property located at 9237 Lakewood Blvd, Downey, and zoned C-2 (General
Commercial); and
B. Staff deemed the application incomplete on April 21, 2017. The Applicant
submitted the requested materials on May 15, 2017. Staff deemed the application
complete on May 17, 2017; and
C. On June 7, 2017, the Applicant informed staff that they would like to request
approval to offer full-body massage services; as such, on June 7, 2017, the
Planning Commission continued the public hearing without taking public
comment; and
D. Due to the change in use, staff re-deemed the application incomplete on June 7,
2017. The Applicant submitted the requested materials on July 25, 2017; and
E. The application was deemed complete on July 27, 2017; and
F. On August 24, 2017, 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;
G. The Planning Commission held a duly noticed public hearing on September 6,
2017 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
because the proposed use is contained within the existing building and will not result in an
expansion of the building.
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
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Resolution No. 17-
Downey Planning Commission
9237 Lakewood Blvd - PLN-17-00047
September 6, 2017 - Page 2
general welfare of persons residing or working in the neighborhood thereof. The
requested conditional use permit to operate a full-body 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. The massage establishment is consistent with this intent
since it will occupy a vacant tenant space, add an additional service to the area, and will
operate without creating an impact to the surrounding uses. The proposed use also
complies with Policy 1.1.4 of the General Plan, wherein it states that the City of Downey
should provide an appropriate amount of land area for people to acquire goods and
services. Within the City of Downey, there are limited locations where full-body massage
services are provided; therefore, this is consistent with this policy.
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 massage therapy establishment will not adversely affect the adjoining land
uses in that the parking demand generated from the proposed use will be contained
onsite. Additionally, the proposed use will occupy an existing tenant space and will not
require expansion of the building. The adjoining land uses include a variety of
commercial services, such as a general retail, a grocery store, restaurants, and a fitness
center. Furthermore, the use will provide an additional service for the adjacent
residences. This will add diversity to the types of businesses in the area and can
potentially draw forth more clientele for the adjacent businesses. A Condition has been
placed on the project to install a self-closing door hinge on the rear door to prevent noise
from emitting from the business and to prevent the door from slamming shut. Access to
the massage establishment is off of Lakewood Boulevard; therefore, pedestrian traffic
will not produce noise for the residents to the rear of the building. Additionally, access to
the adjacent residences is off Gallatin Road; therefore, the new use will not hinder
access to these residences.
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 is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area. The subject property is
31,700 square feet in size with a shopping center that measures 6,420 square feet. The
tenant space wherein the proposed use will be located is 1,400 square feet. The site has
a surplus of parking for the uses on the site and will be contained within the existing
space.
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 the site
is located on the corner of Lakewood Boulevard and Gallatin Road. The addition of this use
in the vicinity will not impose an undue burden because it will not generate a significant
increase in traffic and the streets have sufficient capacity to accommodate the new use.
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 this Conditional Use Permit (PLN-
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Resolution No. 17-
Downey Planning Commission
9237 Lakewood Blvd - PLN-17-00047
September 6, 2017 - Page 3
17-00047) subject to the 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 6th day of September 2017.
Jim Rodriguez, 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 6th day of September
2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No. 17-
Downey Planning Commission
9237 Lakewood Blvd - PLN-17-00047
September 6, 2017 - Page 4
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-17-00047)
PLANNING
1) The approval of Conditional Use Permit (PLN-17-00047) permits the operation of a full-
body massage establishment at 9237 Lakewood Boulevard.
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) The permitted hours of operation of the business are Monday through Sunday from
10:00 a.m. to 10:00 p.m. Customers shall not be allowed within the business outside of
these business hours.
7) Any new signage shall require the approval of a Planned Sign Program. All signs shall
comply with the requirements set forth in the Downey Municipal Code and shall require
separate permits.
8) The front door and rear door into the business shall remain unlocked and accessible to
customers at all times during business hours. The rear door shall be installed with a self-
closing door hinge, so as to mitigate noise emitting from the business, and shall not be
propped open.
9) The owner/applicant shall remove the existing tint on the windows to maintain visibility
into the business at all times.
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Resolution No. 17-
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POLICE
10) Windows shall be kept free and clear, except for permitted signs, such that the foot
massage and waiting areas are visible from the exterior of the space. In addition, nothing
shall be installed that would block the visibility into and out of the waiting room.
11) 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. State licensees must still register their license with the
Downey Police Department.
12) All employees shall have a government-issued photo identification and proper proof of
massage licensure on the premise at all time.
13) 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
14) All construction shall comply with the most recent version of the California Building Code,
as adopted by the City of Downey.
15) Prior to the commencement of construction, the applicant shall obtain all required
permits. Once permits are issued, the applicant shall obtain all necessary inspections
and permit final prior to occupancy of the business.
FIRE
16) The owner/applicant shall comply with all requirements of the California Fire Code.
17) The proposed occupancy shall comply with the Building Code requirements for Business
Group B Occupancy.
18) Provide addressing clearly visible from the street. (CFC 2013, Section 505.1)
19) Obtain and mount an approved fire extinguisher.
20) Additional requirements may be identified at time of occupancy inspection.
END OF CONDITIONS
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