HomeMy WebLinkAbout3. PLN-18-00099 - 8201 FourthSTAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 19, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY:DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: ALFONSO HERNANDEZ, ASSOCIATE PLANNER
SUBJECT: CONDITIONAL USE PERMIT (PLN-18-00099) – A REQUEST TO
OPERATE A MASSAGE THERAPY ESTABLISHMENT (DOWNEY
WHOLISTIC CENTER)
LOCATION: 8201 FOURTH STREET, SUITE B
ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN
REPORT SUMMARY
This is a request for a Conditional Use Permit (CUP) to allow the operation of a massage
therapy establishment on a Downtown Downey Specific Plan (DDSP) zoned property. The
establishment will function under the name of “Downey Wholistic Center”. The center provides,
as described by the applicant, both physical and spiritual healing. Services include full body
massage, reiki, breathing practices, and counseling.
Based on the analysis contained in this report, staff is recommending the Planning Commission
adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION APPROVING A
CONDITIONAL USE PERMIT (PLN-18-00099) TO ALLOW THE OPERATION
OF A MASSAGE THERAPY ESTABLISHMENT ON PROPERTY LOCATED AT
8201 FOURTH STREET, SUITE B, ZONED DOWNTOWN DOWNEY SPECIFIC
PLAN
BACKGROUND
The site is currently developed with two separate buildings, a 3,780 square foot building and a
5,480 square foot building (9,260 total sq. ft.). The proposed massage therapy establishment
will be located at Suite B, and is 690 square feet. There are an additional eight tenant spaces
onsite. The structures were built in 1974, and no major renovations have occurred since the
original permits were issued.
Overall, the site is a 21,228 square foot parcel with two street frontages located on the northeast
corner of Fourth Street and La Reina Avenue. It is within the city’s DDSP, and has a General
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PLN-18-00099 – 8201 Fourth St.
September 19, 2018 - Page 2
Plan Land Use designation of “Mixed Use”. The site is accessible from one street frontage;
along La Reina Avenue. The properties to the west, east, and south, abutting the subject
property, are also zoned DDSP and developed with office uses, churches, and single family
homes. Adjacent to the north are R-2 zoned properties developed with multifamily homes.
View of subject property from La Reina Street
On June 20, 2018, the Applicant submitted an application for a CUP to operate a massage
therapy establishment at the subject property. The application was reviewed and deemed
incomplete on July 19, 2018. After reviewing the required resubmitted documents, staff deemed
the application complete on August 18, 2018. On September 6, 2018, 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.
DISCUSSION
The 690 square foot massage therapy establishment will operate under the name of “Downey
Wholistic Center”, services will include, as described by the applicant, “mind, body, and spirit
healing”, which involves full body massage, pressure treatment, “reiki”, breathing methods, card
readings, and counseling. Reiki is the practice of transferring energy from practitioner to client
(fully clothed) through a series of hand positions on and off the body. The applicant intends to
perform all practices with patrons being fully clothed. However, this application will grant them
the ability to function like any other massage establishment.
The site will consist of three main rooms separated by permanent and portable partitions. Two
of the rooms are furnished with massage tables, and the other is a waiting area. There is also
an ADA compliant bathroom and an office/supply room.
The proposed hours of operation for the business are 10:00 a.m. – 5:00 p.m., Tuesday – Friday.
The applicant anticipates up to three patrons at any given time. Staff will total no more than five
people at any given time.
The site has 18 parking spaces located throughout the parcel, the massage therapy use
requires 2 spaces per the DDSP. The last permitted use was a medical office with a parking
ratio of one space for every 250 square feet of floor area (previously requiring 3 parking
spaces). The proposed use is required to park at a ratio of one space for every 500 square feet
(requiring 2 parking spaces). The reduced demand means that the site will hold a sufficient
amount of parking on site, and therefore the applicant meets all applicable standards within the
specific plan. No further accommodations, such as parking waivers or off-site parking
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PLN-18-00099 – 8201 Fourth St.
September 19, 2018 - Page 3
agreements, are required. Lastly, no impacts related to traffic are anticipated for the nearby
residential properties.
DEVELOPMENT REVIEW COMMITTEE
On June 28, 2018, the Development Review Committee (DRC) discussed and evaluated the
project as it pertains to Planning, Police, Fire, Public Works, and Building and Safety matters.
No department expressed major concerns or opposition over the project, and issued standard
conditions. Recommended conditions of approval have been included in the attached
Resolution.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed CUP for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, staff has determined that the CUP is exempt from
CEQA pursuant to Section 15301 (Class 1, Existing Facilities), which have been determined not
to have a significant effect on the environment, 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),
the Planning Commission must make the following findings to approve the request:
A.The requested conditional use permit will not adversely affect the intent and
purpose of Article IX of the Downey Municipal Code or the City’s General Plan or
the public convenience or general welfare of persons residing or working in the
neighborhood thereof.
It is staff’s opinion that the project will not adversely affect the intent and purpose of the
Downey Municipal Code or the City’s General Plan. Furthermore, the project should not
provide a nuisance related to public convenience or general welfare to any nearby
persons. Rather, the project aims to diversify the amount of goods and services
available to nearby residents and patrons of city businesses. The following policies are
promoted by the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods
and services
The CUP promotes the above policy by introducing a business that is different from
those within the surrounding area. Specifically, in close proximity to the subject property
there are professional offices, medical offices, restaurants, a theater, personal service
uses, and churches.
B.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 use will be compatible with other uses on the same lot and nearby areas.
The proposed use will not expand its current footprint and changes are limited to the
inside of the existing tenant space. The previous use was medical office, and can be
converted back if the proposed use were to vacate. The parking requirement is a lesser
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PLN-18-00099 – 8201 Fourth St.
September 19, 2018 - Page 4
demand than the previous use. The hours of operation function within, and are shorter,
than regular business hours, and the noise emitted from the proposed use should not
exceed what is expected for a regular office environment. Conditions of approval have
been incorporated in an effort to ensure compatibility with existing and future uses, as
well as mitigate any potential impacts. Lastly, a massage therapy establishment is
allowed in the DDSP, per the approval of a CUP.
C.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 request for the proposed scope of work does not include changes to the building’s
square footage, rather changes are limited to the interior of the building. The changes
proposed in this application do not warrant a need for additional accommodations to the
site. In addition, the project is in full compliance with the Downey Municipal Code,
including adequate parking requirements. The proposed work does not create alterations
that would restrict future permitted uses from occupying the site or an existing use
located within the nearby area from altering their operations. Therefore, 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.
D.The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The proposed request is not anticipated to generate significant traffic impacts. La Reina
Avenue and Fourth Street (local streets) are designed to accommodate the traffic
demands generated by this application request. The wide single driveway provides
sufficient opportunity for ingress/egress of the site. Therefore, traffic generated by the
proposed use will not impose an undue burden upon the streets and highways in the
area.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed
Conditional Use Permit (PLN-18-00099) aims to diversify the amount of goods and services
available to city residents. Furthermore, staff is concluding that all findings required for approval
can be made in a positive manner. Staff recommends that the Planning Commission approve
the Conditional Use Permit (PLN-18-00099), thereby allowing a massage therapy establishment
use within the Downtown Downey Specific Plan zone.
EXHIBITS
A.Maps
B.Draft Resolution
C.Plans
PC Agenda Page 4
PLN-18-00099 – 8201 Fourth St.
September 19, 2018 - Page 5
EXHIBIT A
LOCATION MAP
AERIAL PHOTOGRAPH
Subject Site
PC Agenda Page 5
PLN-18-00099 – 8201 Fourth St.
September 19, 2018 - Page 6
ZONING MAP
Subject Site
PC Agenda Page 6
RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION APPROVING A
CONDITIONAL USE PERMIT (PLN-18-00099) TO ALLOW THE OPERATION
OF A MASSAGE THERAPY ESTABLISHMENT ON PROPERTY LOCATED AT
8201 FOURTH STREET, SUITE B, ZONED DOWNTOWN DOWNEY SPECIFIC
PLAN
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 Downey Wholistic Center, (hereinafter referred to as
“the Applicant”) on June 20, 2018, requesting approval of a Conditional Use
Permit (PLN-18-00099) to allow a new massage therapy establishment, on
property located at 8201 Fourth Street, Downey, and zoned DDSP (Downtown
Downey Specific Plan); and,
B.Staff deemed the application incomplete on July 19, 2018. The Applicant
submitted the requested materials on July 23, 2018. Staff deemed the application
complete on August 18, 2018; and,
C.On September 6, 2018, 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; and,
D.The Planning Commission held a duly noticed public hearing on September 19,
2018 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.The requested conditional use permit will not adversely affect the intent and purpose of
Article IX of the Downey Municipal Code or the City’s General Plan or the public
convenience or general welfare of persons residing or working in the neighborhood
thereof. The project will not adversely affect the intent and purpose of the Downey
Municipal Code or the City’s General Plan. Furthermore, the project should not provide a
nuisance related to public convenience or general welfare to any nearby persons.
Rather, the project aims to diversify the amount of goods and services available to
nearby residents and patrons of city businesses. The following policies are promoted by
the proposed CUP:
Policy 1.1.4 – Provide an appropriate amount of land use for people to acquire goods
and services
PC Agenda Page 7
Resolution No. 18-
Downey Planning Commission
8201 Fourth St. - PLN-18-00099
September 19, 2018 - Page 2
The CUP promotes the above policy by introducing a business that is different from those
within the surrounding area. Specifically, in close proximity to the subject property there
are professional offices, medical offices, restaurants, a theater, p ersonal service uses,
and churches.
B.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 use will be
compatible with other uses on the same lot and nearby areas. The proposed use will not
expand its current footprint and changes are limited to the inside of the existing tenant
space. The parking requirement is a lesser demand than the previous use. The hours of
operation function within, and are shorter, than regular business hours, and the noise
emitted from the proposed use should not exceed what is expected for a regular office
environment. Conditions of approval have been incorporated in an effort to ensure
compatibility with existing and future uses, as well as mitigate any potential impacts.
Lastly, a massage therapy establishment is allowed in the DDSP, per the approval of a
CUP.
C.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
request for the proposed scope of work does not include changes to the building’s
square footage, rather changes are limited to the interior of the building. The changes
proposed in this application do not warrant a need for additional accommodations to the
site. In addition, the project is in full compliance with the Downey Municipal Code,
including adequate parking requirements. The proposed work does not create alterations
that would restrict future permitted uses from occupying the site or an existing use
located within the nearby area from altering their operations. Therefore, 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.
D.The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The proposed request is not anticipated to generate
significant traffic impacts. In addition, La Reina Avenue and Fourth Street (local streets)
are designed to accommodate the traffic demands generated by this application request.
The wide single driveway provides sufficient opportunity for ingress/egress of the site.
Therefore, traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
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-
17-00099) 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.
PC Agenda Page 8
Resolution No. 18-
Downey Planning Commission
8201 Fourth St. - PLN-18-00099
September 19, 2018 - Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of September 2018.
Patrick Owens, 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 19th day of
September 2018, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 9
Resolution No. 18-
Downey Planning Commission
8201 Fourth St. - PLN-18-00099
September 19, 2018 - Page 4
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-18-00099)
PLANNING
1)The approval of Conditional Use Permit (PLN-18-00099) permits the operation of a 690
square foot full-body massage establishment at 8201 Fourth Street, Suite B. Other
services include pressure treatment, reiki, breathing practices, card readings, and
counseling.
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)Prior to the commencement of business the applicant and the property owner shall sign
an affidavit of Acceptance of Conditions, as provided by the City of Downey.
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 Tuesday through Friday from 10:00
a.m. to 5:00 p.m. Customers shall not be allowed within the business outside of these
business hours.
7)All signs shall comply with the requirements set forth in the Downtown Downey Specific
Plan and shall require separate permits.
8)Windows and storefront must remain fully visible, and unobstructed from any tint and/or
screening, in order to allow view into the tenant space.
9)The rear door into the business shall remain closed during business hours, shall not be
propped open. Customers shall only enter at the front door.
PC Agenda Page 10
Resolution No. 18-
Downey Planning Commission
8201 Fourth St. - PLN-18-00099
September 19, 2018 - Page 5
POLICE
10)Windows shall be kept free and clear, except for permitted signs, and 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. All masseuses shall obtain state licensure
through the California Massage Therapy Council. State licensees must still register their
license with the Downey Police Department.
12)All massage technicians shall require a California Massage Therapy Council license and
such license shall be on the premise at all times.
13)A copy of the approved Resolution 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 adhering to requirements for egress, egress sizing, occupant load ,
egress/emergency illumination, building addressing, Knox box installation, and any other
code requirements for the occupancy type and use.
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
PC Agenda Page 11
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PC Agenda Page 12
PC
Agenda Page 13