HomeMy WebLinkAboutPC Reso 10-2693RESOLUTION NO. 10-2693
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -10-08127),
THEREBY ALLOWING THE OPERATION OF A FOOT MASSAGE
ESTABLISHMENT ON PROPERTY LOCATED AT 9972 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. October 13, 2010, the applicant submitted a Conditional Use Permit (PLN -10-08127)
application, requesting to operate a foot massage establishment in a vacant tenant
space at the site; and,
B. On November 8, 2010, the Conditional Use Permit application was deemed
complete; and,
C. On November 19, 2010, notice of the pending application was mailed to all property
owners within 500' of the subject site and published in the Downey Patriot.
D. The Planning Commission held a duly noticed public hearing on December 1, 2010
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing adopted this resolution, subject to conditions
of approval (Exhibit A).
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:
The requested Conditional Use Permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood thereof. General Plan
Policy 1.1.1 states, "Maintain a balance of land uses," which is implemented by
various General Plan Programs. Upon reviewing these General Plan Programs, it is
clear that the intent of the policy it is allow various uses throughout the city that serve
the needs of the community, while avoiding an overconcentration of any particular
use. A further review of local businesses in the area has indicated that the City does
not have a foot massage establishment in the area. Allowing the proposed foot
massage establishment will assist in implementing this policy since it will allow a use
that is not in the area. Furthermore, this approval will provide a convenience to
persons working and residing in the area since they will not need to travel outside of
the area to obtain this service.
2. 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 subject site
is in a fully developed area of the City, with little to no vacant properties in the
immediate area. Inasmuch as the proposed use will occupy an existing tenant space
(no additions to the building are being proposed), this use will not prevent
surrounding properties from being developed/redeveloped. Notwithstanding this,
Resolution No. 10-2693
Downey Planning Commission
several conditions of approval are being imposed to prevent the use from being a
burden onto others. These conditions are necessary to avoid any adverse affects on
the adjoining properties.
3. 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 proposed use will be contained within an existing tenant space and does not
require an expansion of the building.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. Access to the subject site is from Lakewood Blvd,
which is a primary arterial within the City of Downey. The surrounding streets and
highways in the area have sufficient capacity to accommodate the minimal increase in
traffic that might be generated by the business.
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 the revision to a
Conditional Use Permit (PLN -10-08127), subject to 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
1st day of DeceiTiber, 2010.
-/ GF
'Louis Morales, Chairman
City Pla.Khing 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 1st day of
December, 2010, by the following vote, to wit:
AYES:
COMMISSIONERS:
Kiefer, Vasquez, Lambros, Morales
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONER:
Murray
Theresa Donahue, Secretary
City Planning Commission
Conditional Use Permit (PLN -10-08127) — 9972 Lakewood Blvd
December 1, 2010 - Page 2
Resolution No. 10-2693
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -10-08127)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit (PLN -10-08127) permits the operation of a foot
massage establishment at 9972 Lakewood Blvd
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) 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 it is over the
customer's clothes.
6) The business shall be permitted to operate 11'00 a.m. until 10:00 p.m., seven (7) days a
week.
7) All signs shall comply with the requirements set forth in the Downey Municipal Code.
8) 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.
9) Windows shall be kept free and clear, except for permitted signs, such that the entire
business is visible from the exterior of the space.
10) Customers shall not be permitted in the storage room or the laundry area.
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.
12) All employees shall have valid identification 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 2007 California Building Code and Title 24 of the
California Energy Code.
Conditional Use Permit (PLN -10-08127) — 9972 Lakewood Blvd
December 1, 2010 - Page 3
Resolution No. 10-2693
Downey Planning Commission
15) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
FIRE
16) All construction shall comply with the 2007 California Fire Code.
PUBLIC WORKS
17) The applicant shall install all new utilities associated with this project underground
18) Prior to issuance of Certificate of Occupancy, all broken, uneven, or sub -standard curb,
gutter, sidewalk, driveway, disabled ramps and pavement across the property frontage,
shall be replaced to the satisfaction of the Public Works Department. Please contact the
Public Works Inspection Office at (562) 904-7110 to have these areas identified on the
plans just prior to applying for a Building Permit. The owner/ applicant shall obtain all
necessary plan approvals and permits and shall provide that the standards of
improvements, construction materials, and methods of construction shall be in
conformance with the Standard Plans and Specification for Public Works Construction
and as modified by the City of Downey's Standard Plans and Specifications.
19) Any construction activity within the scope of work of this project shall comply with the
National Pollutant Discharge Elimination System (NPDES) requirements of the Federal
Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the
State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County
Department of Public Works, and -Ordinance 1142 of -the Downey -Municipal -Code.
20) Prior to final of building permits, the applicant shall remove all construction graffiti
created as part of this project from the public right of way and on the subject site.
HAPLANNING\RESOSTC12010\10-2693.doc
Conditional Use Permit (PLN -10-08127) — 9972 Lakewood Blvd
December 1, 2010 - Page 4