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HomeMy WebLinkAboutPC Resolution 17-3030RESOLUTION NO. 17-3030 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 Resolution No. 17-3030 Downey Planning Commission 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 - 9237 Lakewood Blvd - PLN -17-00047 September 6, 2017 - Page 2 Resolution No. 17-3030 Downey Planning Commission 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. ,v Ji odriguez, 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: Rodriguez, Owens, Flores, Dominguez and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None } Mary avanagh, Secre ry City Planning Commission 9237 Lakewood Blvd - PLN -17-00047 September 6, 2017 - Page 3 Resolution No. 17-3030 Downey Planning Commission 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. 9237 Lakewood Blvd - PLN -17-00047 September 6, 2017 - Page 4 Resolution No. 17-3030 Downey Planning Commission 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 9237 Lakewood Blvd - PLN -17-00047 September 6, 2017 - Page 5