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Home My WebLink AboutPC Reso 12-2751RESOLUTION NO. 12-2751 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -11-00258), THEREBY ALLOWING THE OPERATION OF A FOOT MASSAGE ESTABLISHMENT ON PROPERTY LOCATED AT 9448 TELEGRAPH RD, ZONED C-2 (GENERAL COMMERCIAL) AND P -B (PARKING BUFFER). 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 26, 2011, the applicant submitted a Conditional Use Permit (PLN -11-00258) application, requesting to operate a foot massage establishment in a vacant tenant space at the site; and, B. On November 23, 2011, the Conditional Use Permit application was deemed complete; and, C. On January 19, 2012, notice of the pending application was published in the Downey Patriot, and, D. On January 20, 2012, notice of the pending application was mailed to all property owners within 500' of the subject site. E. The Planning Commission held a duly noticed public hearing on February 1, 2012 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 Resolution No. 11-2751 Downey Planning Commission 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, 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 -11-00258), 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 S. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15t day of February, 2012. Michae�Murra�yCha�irman�� 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 1 st day of February, 2012, by the following vote, to wit: AYES: COMMISSIONERS: Kiefer, Garcia, Morales, Murray NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONER: None Theresa Donahue, Secretary City Planning Commission PLN -11-00258 — 9448 Telegraph Rd. February 1, 2012 - Page 2 Resolution No. 11-2751 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -11-00258) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit (PLN -11-00258) permits the operation of a foot massage establishment at 9448 Telegraph Rd. 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 10:00 a.m. until 9:00 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 break 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. 12) All employees shall have valid identification on the premise at all times. 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 2010 California Building Code and Title 24 of the California Energy Code. PLN -11-00258 — 9448 Telegraph Rd. February 1, 2012 - Page 3 Resolution No. 11-2751 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 2010 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. H:\Community Development\Planning Commission\Resolutions\2012\12-2751.doc PLN -11-00258 — 9448 Telegraph Rd. February 1, 2012 - Page 4