HomeMy WebLinkAboutPC Reso 20-3121RESOLUTION NO. 20-3121
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A CONDITIONAL USE PERMIT (PLN -20-00026), THEREBY ALLOWING
THE OPERATION OF A FULL-BODY MASSAGE ESTABLISHMENT LOCATED AT 8847
IMPERIAL HIGHWAY, SUITE H, 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 Youchang Dai (hereinafter referred to as the
"Applicant") on February 6, 2020, requesting approval of a Conditional Use Permit
(PLN -20-00026) to allow a new full-body massage establishment, on the property
located at 8847 Imperial Highway, Suite H, Downey, and zoned C-2 (General
Commercial); and
B. Staff deemed the application incomplete on March 5, 2020. The applicant
resubmitted required materials on April 21, 2020 and Staff deemed the
application complete on May 18, 2020; and
C. On May 21, 2020, 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;
D. The Planning Commission meeting of June 3, 2020 was cancelled and all items
were rescheduled for consideration by the Planning Commission at their regular
meeting of June 17, 2020.
E, The Planning Commission held a duly noticed public hearing on June 17, 2020
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 this article or the City's General Plan or the public convenience or general welfare
of persons residing or working in the neighborhood thereof. The request to operate a
full-body massage 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
Resolution No. 20-3121
off. anning Commission
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.
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
massage establishment will not adversely affect the adjoining land uses in that the
parking demand generated from the proposed use will be contained onsite and
requires a lesser demand than the previous use that occupied that tenant space.
Additionally, the proposed use will occupy an existing tenant space and will not
require expansion of the building because the use will entail interior tenant
improvements only. The adjoining land uses include a variety of commercial uses,
such as general retail, professional offices, personal services, and a restaurant. The
use will provide an additional service for the adjacent residences, which this will add
diversity to the types of businesses in the area and can potentially draw forth more
clientele for the adjacent businesses. Access to the massage establishment is from
the east side of the existing building; therefore, pedestrian traffic will not produce any
additional noise for the residents to the north of the building. Additionally, access to
the adjacent residences is off Meadow Road; therefore, the new use will not hinder
access to these residences.
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 site is able to allow the full development of the proposed use in a manner that is
consistent with the surrounding area. The subject site is 25,326 square feet
comprised of two (2) multi -tenant commercial buildings with a total of 16 tenant
spaces. The tenant space wherein the proposed use will be located is 2,000 square
feet with no intended additions to the building. The site has remaining parking for the
uses on the site and the proposed use will be contained within the existing space.
D. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The proposed use will not impose an undue burden
in the area in that the site is located within an existing commercial center on the corner
of Imperial Highway and Lakewood Boulevard. 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 and it will
not require additional parking spaces.
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 -
20 -00026) 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.
8847 Imperial Highway - PLN -20-00026
June 17, 2020 - Page 2
Resolution No. 20-3121
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of June 2020.
Maryanagh, Secreta
Planna 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 17th day of June
2020, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens, Spathopoulos, Frometa and Duarte
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Dominguez
ABSTAIN:
COMMISSIONERS:
None
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M i g U/Elgv6rte,6hair
Planning Commission
8847 Imperial Highway - PLN -20-00026
June 17, 2020 - Page 3
Resolution No. 20-3121
Ddvvney Planning Commission
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN -20-00026)
PLANNING
1) The approval of Conditional Use Permit (PLN -20-00026) permits the operation of a full-
body massage establishment at 8847 Imperial Highway, Suite 'H'.
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 use approved herein must be executed within one year of approval or shall be
subject to revocation where this approval will be deemed null and void.
6) The Planning Commission reserves the right to revoke or modify this approval if the
proposed use becomes a public nuisance, finds the permit was obtained by fraud, the
approved use is not being exercised, the approved use is operated in violation of the
terms and conditions contained herein, or the approved use ceased or was suspended
for one year or more.
7) 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.
8) 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.
9) No person shall give, or assist in giving of, any massage to any other person under the
age of eighteen (18) years, unless the parent or guardian of such minor person has given
consent thereto in writing.
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Resolution No. 20-3121
Downey Planning Commission
10) A list of all persons providing massage services at the establishment, including each
person's full true name and other names used, photograph, and certificate from the
California Massage Therapy Council must be provided to the Planning Division prior to
issuance of a Business License. Any changes in practitioners must be reported to
Planning Division within two weeks of the change.
11) A list of all persons providing massage services at the establishment, including each
person's full true name and other names used, photograph, and certificate from the
California Massage Therapy Council (CMTC) must displayed prominently on the
premises in a location that can be readily viewed by customers or City representatives.
12) A copy of this 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.
13) There shall be provided in each room, or portion of a room, where massage services are
provided, sufficient lighting of a minimum of 40 watts within each room that is providing
massage services and ventilation as required by the Massage Therapy Act.
14) The foot massage chairs shall remain in the front of the tenant space and never be
enclosed by walls or curtains or any type of screening used to wall off the foot massage
area.
15) There shall be provided and maintained adequate dressing and toilet facilities for patrons
at all times. Physical facilities for the massage establishment shall be maintained in good
repair and in a clean and sanitary condition. Restrooms utilized in the operation shall be
cleaned each day.
16) Any new signage shall require separate permits and must comply with the Planned Sign
Program for this commercial center.
17) All exterior doors shall remain unlocked during business hours from the interior side.
18) 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.
19) "Massage beds" as marked on the plans must be a table designed and manufactured for
medical and massage uses. No mattresses or sleeping beds allowed.
20) Each employee must be provided individual lockers on the premises of the massage
establishment.
21) If ownership of the establishment changes, operators of the massage establishment, and
any partner with a 5% of more interest in the business, must hold CAMTC certification or
are required to submit an application for a background check and Police Permit. This
condition must be met prior to new ownership taking control or possession of the
establishment. Additionally, every background check must be renewed every 2 years.
22) Operators of massage establishments must obtain a business license from the City of
Downey before commencing any commercial activity within the City.
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Resolution No. 20-3121
Downey Planning 0ommission
23) Massage Practitioners operating as independent contractors, not employees, within an
establishment must obtain a business license from the City of Downey before
commencing any commercial activity within the City.
24) The massage establishment must maintain a record of all services performed on site for
a period of 2 years and be made immediately available to City representatives upon
request. No information shall be used for any purpose other than enforcement of officials
who are charged with such enforcement.
25) All employees must be dressed in clean and opaque clothing from neck to knee,
excepting hands and arms, at all times while on the premises.
26) Each customer's genitals must be fully covered at all times. No person shall massage the
genitals of any customer. No person shall massage any female customer whose breasts
are not covered by a sheet or other opaque clothing. No person shall massage any
female customer's breasts.
27) Any changes to the services provided or business plan must be submitted to and
approved by the Planning Division prior to any change taking effect. If the proposed
change significantly alters to the use as described and approved through this CUP, the
change may be referred to the Planning Commission for review.
28) No persons other than those receiving a massage, parents or guardians of a minor who
is receiving a massage, and those administering a massage shall enter or remain within
a room where a massage is being given.
29) The massage establishment must maintain compliance with all provisions of the Downey
Municipal Code, Chapter 5 of Article VI, as it relates to the operation of massage
establishments.
30) All massage areas shall be separated from common areas be a curtain only. Doors shall
not be permitted for massage areas.
31) Any City Official authorized to enforce and uphold the Downey Municipal Code shall have
the right to periodically enter and inspect any establishment for the purpose of ensuring
compliance with all applicable laws and regulations.
32) The massage establishment shall operate in accordance with any new and updated
guidelines issued by the Centers for Disease Control and Prevention (CDC), Los
Angeles County Public Health and any other agency applicable to this establishment in
response to maintaining public safety from the current COVID-19 pandemic and any
future health concerns.
POLICE
33) The massage establishment operator or any partner with a 5% or more interest in the
business, who are not CAMTC certified, is required to submit an application for a
background check and obtain a Downey Police Permit from the Chief of Police or his or
her designee as outlined per Section 6554 and 6555 of the Downey Municipal Code. The
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Resolution No. 20-3121
Downey Planning Commission
application must be submitted fully completed by all person required to pass a
background check.
34) The background check application, for each person who is required to obtain one, is
required to be renewed every 2 years.
BUILDING
35) All construction shall comply with the most recent adopted City and State building codes:
2019 California Building Code
2019 California Electrical Code
2019 California Mechanical Code
2019 California Plumbing Code
2019 California Fire Code
2019 California Green Code
36) Special Inspections —As indicated by California Building Code Section 1704, the owner
shall employ one or more special inspectors who shall provide special inspections when
required by CBC section 1704. Please contact the Building Division at time of plan
submittal to obtain application for special inspections.
37) The Title Sheet of the plans shall include: Occupancy Group, Occupant Load,
Description of use, Type of Construction, Height of Building, Floor area of building(s)
and/or occupancy group(s).
38) School impact fees shall be paid prior to permit issuance.
39) Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
40) All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
41) The project design will conform with energy conservation measures articulated in Title 24
of the California Code of Regulations and address measures to reduce energy
consumption such as flow restrictors for toilets, low consumptions light fixtures, and
insulation and shall use to the extent feasible draught landscaping.
42) A design professional will be required at time of construction drawings, to prepare plans
for proposed improvements per the Business and Professions' Code.
43) Public and private site improvements shall be designed in accordance with the
Americans with Disabilities Act and Chapter 11 of the California Building Code. Site plan
shall include a site accessibility plan identifying exterior routes of travel and detailing
running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage and
truncated domes. Path of travel shall be provided from the public right of way and
accessible parking to building. The design professional shall ensure that the site
accessibility plan is compliance with the latest Federal and State regulations.
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Resolution No. 20-3121
Downey Planning Commission
44) All massage areas shall be inspected and approved by the LA County Health
Department as part of the Building and Safety Department plan review process.
FIRE
45) The proposed occupancy use (e.g. massage services) shall comply with code
requirements for building's use as a 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.
46) The tenant improvement, with construction of massage rooms, shall not be done as to
obstruct the occupancy's existing fire sprinkler heads. Installation of massage room
walls shall be done as to insure the existing automatic wet sprinkler system is not
obstructed, impaired, or altered. Should it be necessary to alter (e.g. relocate) sprinkler
heads, a separate fire sprinkler modification permit shall be required by this agency.
Building owner shall furnish upon request any documents attesting to the building's
automatic fire sprinkler system's 5 -year Title 19/NFPA 25 inspection and testing.
END OF CONDITIONS
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