HomeMy WebLinkAboutPC Reso 11-2716RESOLUTION NO. 11-2716
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -11-00098),
THEREBY ALLOWING THE OPERATION OF A TANNING SALON ON
PROPERTY LOCATED AT 9968 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. April 21, 2011, the applicant submitted a Conditional Use Permit (PLN -11-00098)
application, requesting to operate a tanning salon in a 1,220 square foot vacant
tenant space at the site; and,
B. On May '10, 2011, the Conditional Use Permit application was deemed complete;
and,
C. On May 19, 2011, notice of the pending application was mailed to all property owners
within 500' of the subject site and published in the Downey Patfiot.
D. The Planning Commission held a duly noticed public hearing on June 1, 2011 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:
1. 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. In a further review of local businesses in the area, it has been noted that the
City only has three (3) other tanning salons, none of which are in the immediate
area. Allowing the proposed tanning salon 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. 11-2716
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 Conditional
Use Permit (PLN -11-00098), 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 June, 2011.
Robert Kiefer, 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 1St day of June,
2011, by the following vote, to wit:
AYES:
COMMISSIONERS:
Garcia, Lujan, Kiefer
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Morales
ABSTAIN:
COMMISSIONER:
Murray
Theresa Donahue, Secretary
City Planning Commission
Conditional Use-Permit{PLN-11-00-098)-9968 Lakewood Blvd
June 1, 2011 - Page 2
Resolution No. 11-2716
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -11-00098)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit (PLN -11-00098) permits the operation of a
tanning salon at 9968 Lakewood Blvd, which is permitted to have six (6) traditional
tanning beds, one (1) stand up tanning booth, one (1) spray tan booth, and one (1) room
for manual spray tan.
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 business shall be permitted to operate Monday through Friday - 9:00 a.m. to 8:00
p.m.; Saturday - 9:00 a.m. to 5:00 p.m.; and Sunday — 10:00 a.m. to 3:00 p.m.
6) All signs shall comply with the requirements set forth in the Downey Municipal Code.
7) Windows shall be kept free and clear, except for permitted signs, such that the entire
lobby is visible from the exterior of the space.
8) Customers shall not be permitted in the storage area or the laundry area.
9) Timers for the tanning beds/booths shall be controlled from the front counter
10) No more than one person shall be allowed in the tanning room at any given time. This
shall not apply to an employee who is instructing a customer on how to use the
equipment while the room is open, during maintenance or repair, in cases of emergency,
or within the manual tanning room.
11) The rear door of the business shall remain closed at all times, except to permit employee
ingress/egress.
BUILDING
12) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
13) 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.
14) The applicant shall provide a unisex accessible restroom and accessible doorways to
each type of tanning room.
Conditional Use Permit (PLN -11-00098) — 9968 Lakewood Blvd
June 1, 2011 - Page 3
Resolution No. 11-2716
Downey Planning Commission
FIRE
15) All construction shall comply with the 2007 California Fire Code.
PUBLIC WORKS
16) The applicant shall install all new utilities associated with this project underground
17) 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.
18) 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.
HACommunity Development\Planning Commission\Resolutions\2011\11-2716.doc
Conditional Use Permit (PLN -11-00098) — 9968.Lakewood Blvd
June 1, 2011 -Page 4