To: PLANNING COMMISSION
From: DANIEL BESINAI, ASSOCIATE PLANNER
TITLE
title
DISCUSSION, CONSIDERATION, AND POSSIBLE ACTION ON AN EXEMPTION DECLARATION AND CONDITIONAL USE PERMIT FOR THE OPERATION OF A NEW MASSAGE BUSINESS WITHIN AN EXISTING COMMERCIAL BUILDING ON PROPERTY LOCATED AT 2706 ARTESIA BOULEVARD IN A COMMERCIAL (C-2) ZONE.
RECOMMENDATION:
1. Open public hearing, receive and file all documents and correspondence on the proposed project;
2. Accept all testimony from staff, applicant, and the public and deliberate;
3. Close public hearing;
4. Adopt a Resolution by title only approving an Exemption Declaration and Conditional Use Permit for the operation of a new massage business within an existing commercial building on property located in a Commercial (C-2) zone.
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BACKGROUND
Existing Site, Surroundings, Zoning, and Project Description
The applicant is requesting approval of a Conditional Use Permit to allow the operation of a massage treatment center (Queen Massage) in an approximately 1,543 square foot tenant space within an existing multi-tenant commercial building located at 2706 Artesia Boulevard. The business would occupy one existing suite, which is currently vacant.
The subject site is located on the southwest corner of Artesia Boulevard and Inglewood Avenue at 2706 Artesia Boulevard, and is currently developed with a multi-tenant commercial structure. The properties to the west, north (across Artesia Boulevard), and east (across Inglewood Avenue) are zoned Commercial (C-2). The properties to the south are zoned low density multi-family residential (R-3).
The existing subject commercial building is developed with a two-story, 3,500 ft2, multiple-tenant commercial building on a 6,532 ft2 property. The proposed massage use would occupy one (1) existing tenant space, within an approximate area of 1,543 ft2. The building is situated so that the parking is located on both sides. There are two (2) spots, including an ADA-accessible parking space in a small parking lot north of the structure, accessed from Artesia Boulevard. There are ten (10) parking spaces in a larger parking lot south of the structure, accessed by Inglewood Avenue. The property is served by approximately 12 parking spaces at the ground level for the existing structure. Vehicular access to/from the property is off of Inglewood Avenue and Artesia Boulevard.
The proposed massage treatment center will provide foot and body massages. The hours of operation will be from 9:00am to 10:00pm seven days a week. Interior improvements are proposed to change a portion of the existing singular room gym style layout to three (3) individual massage rooms for body massages. Two of the rooms are 115.5 ft2 and the third is 66 ft2. The remaining area of the existing room will include a reception area, waiting area, and five (5) foot massage sofas. One (1) massage therapist will rotate between the various rooms, sometimes assisting multiple rooms at once while other clients are waiting in their respective rooms. Additionally, there will be one (1) receptionist on site for a total of two (2) employees total at any given time. No changes to the exterior of the building are proposed except for a new sign to be processed under a separate permit.
ANALYSIS
Article 4 Special Use Regulations, Section 10-2.1628 Massage Businesses
Massage businesses are subject to Article 4 Special Use Regulations, Section 10-2.1628 of the Redondo Beach Municipal Code to ensure compliance with State and City requirements regarding health and safety, and maintain the compatibility of this particularly sensitive land use with surrounding land uses, the following criteria shall be met in addition to all other applicable land use and development standards in this chapter. The following italicized text is the specific response to the individual criteria:
1. Massage businesses shall comply with all provisions of Title 6, Chapter 2 of this code.
The massage business will be required to obtain all certificates and licenses required by the State and City of Redondo Beach before being issued a valid business license to operate the business in the City as defined in Title 6 Chapter 2 (Massage/Bodyworks Businesses) of this code. The City’s business license application process requires that the business owner provide State Certification verification, general business information, corporate information, and a signed statement of conduct for all employees and contractors related to the business, and inspection processes.
2. Massage business owners shall obtain and maintain compliance of all permits required by the County of Los Angeles, Department of Public Health.
The massage business will be required to obtain and maintain compliance with all permits required by the County of Los Angeles, Department of Health prior to the issuance of their Business License and all annual renewals.
3. No massage business may be operated from a location where illegal activity has occurred within three years of submission of an application for a massage business at that location.
This site has no history of infractions or illegal activity within the last three years of submission of an application at 2706 Artesia Boulevard, this criterion has been met. This information was provided by the City of Redondo Beach Police Department.
4. Massage establishment owner(s) must submit proof of a valid business registration certificate or proof of consideration of such a certificate is in process.
The massage establishment owners have begun the process for business registration with the City of Redondo Beach, this criterion has been met.
5. The minimum separation between site boundaries of properties containing massage businesses shall be 1,000 feet, except that this standard may be waived by the decision making body upon a finding that the addition of the massage business will not contribute to or create a blighting influence in its vicinity.
The proposed business has been mapped and is currently outside of the 1,000 feet buffer to the nearest other massage business. It is nearly 0.6 miles (insert number of feet) from the nearest other massage business and this criterion has been met.
6. Alcohol shall not be sold, consumed or purchased in any massage business.
The business does not propose any alcohol consumption or sales. This criterion has been met.
7. Condoms shall not be sold or purchased in any massage business.
The business does not propose any retail sales, including the retail sales of condoms, as such this criterion has been met.
Specific conditions of approval have been included in the attached Resolution to ensure compliance with the above criteria.
In addition to the specific “criteria” pursuant to Section 10-2.1628 noted above, massage businesses require the issuance of a Conditional Use Permit pursuant to Section 10-2.620 land use regulations of the Commercial (C-2) zone.
Conditional Use Permit
Pursuant to Redondo Beach Municipal Code Sections 10-2.620 and 10-2.1628, the proposed massage business requires the issuance of a Conditional Use Permit with Planning Commission approval. The Conditional Use Permit serves to ensure that certain uses possessing unique characteristics will not adversely affect surrounding uses and properties, nor disrupt the orderly development of the community. For approval of the project, the Planning Commission must make the following findings in the affirmative. The following italicized text is the specific response to the individual criteria:
1. The site for the proposed use shall be in conformity with the General Plan, and when located within the Artesia and Aviation Corridors Area Plan area shall be consistent with the intent of the Artesia and Aviation Corridors Area Plan as adopted by resolution of the City Council, and shall be adequate in size and shape to accommodate such use and all setbacks, spaces, walls and fences, parking, loading, landscaping, and other features required by this chapter to adjust such use with the land and uses in the neighborhood.
The proposed personal improvement service is located within the Artesia and Aviation Corridors Area Plan. The massage business use will be housed within an existing commercial building. The proposed use is in conformity with the General Plan land use designation of Commercial (C-2) which allows various commercial uses, which include “personal services and similar uses”. Additionally, all setbacks, and the parking spaces provided comply with the minimum number required by code.
The subject project is located within the General Plan Land Use Element Artesia Boulevard (SPA-2) “Special Policy Area”, which has a “Goal” of encouraging uses that serve and support the adjacent and surrounding residential neighborhoods rather than commuter serving uses. As a local serving “service commercial use” this business is consistent with the goals and policies within the General Plan Land Use Element and specifically SPA-2.
2. The site for the proposed use shall have adequate access to a public street or highway of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use.
The site is directly adjacent to a signalized intersection at Inglewood Avenue and Artesia Boulevard, both major arterial streets. Access to the subject property is available from both streets. The existing driveways on Artesia Boulevard and Inglewood Avenue comply with RBMC driveway standards. Pedestrian access is also provided by an existing ADA compliant walkway from the public sidewalk on both streets.
3. The proposed use shall have no adverse effect on abutting property or the permitted use thereof.
The massage business will operate within an existing tenant space with a use that is inherently quiet. Additionally, there is an approximate 55-foot distance to the adjacent residentially zoned properties which will further mitigate any potential noise impacts. Adequate parking exists on site for the proposed massage business use and no other exterior changes are planned.
Special Note: The City Council recently adopted an amendment to the Zoning Ordinance that removed required parking for new businesses within the Artesia and Aviation Corridors Area Plan. Although no parking spaces are required the use per prior parking standards would be compliant with two (2) employees and up to 8 patrons simultaneously.
4. The conditions stated in the resolution or design considerations integrated into the project shall be deemed necessary to protect the public health, safety, and general welfare. Such conditions may include, but shall not be limited to:
a. Additional setbacks, open spaces, and buffers;
The existing rear setback complies with applicable RBMC development standards as the adjacent uses south of the site are residentially zoned and per setback requirements are greater than the required 20 feet. The front setback is compliant as its setback from Artesia Boulevard is greater than the required five (5) feet. The street side setback in legal nonconforming as it is less than the required ten (10) feet, however there are no additions and therefor compliant with all setbacks.
b. Provision of fences and walls;
Not applicable. No new fences or walls are proposed as a part of this project scope.
c. Street dedications and improvements, including service roads and alleys;
A change in use does not trigger street dedications.
d. The control of vehicular ingress, egress, and circulation;
Existing two-way access driveway complies with Zoning Ordinance and Public Works standards.
e. Sign requirements or a sign program, consistent with the Sign Regulations Criteria in Section 10-2.1802;
Signage will be required to comply with the City’s signage regulations and will be processed under a separate permit.
f. Provision of landscaping and the maintenance thereof;
Existing landscaping to remain.
g. The regulation of noise, vibration, odor and the like;
The proposed use is entirely indoors and will not produce any excessive noise, vibration, or odor.
h. Requirements for off-street loading facilities;
As a massage business use with no retail operations, loading facilities can be accommodated by small vans that utilize the immediate adjacent ground floor parking lot.
i. A time period within which the proposed use shall be developed;
The proposed tenant improvement will comply with required building construction and inspections days/hours.
j. Hours of permitted operation and similar restrictions;
Hours of operation are proposed to be 9:00AM to 10:00PM. Based on the total number of parking available, there is ample parking for the proposed use. Special Note: Recent parking standards for the AACAP area do not require parking for new businesses.
k. Removal of existing billboards on the site, subject to the findings required by Section 10-2.2006(b); and
Not applicable. No billboards are located on this subject property.
l. Such other conditions as will make possible the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter, the Artesia and Aviation Corridors Area Plan as adopted by resolution of the City Council, and the General Plan.
The conditions of approval address all noted issues of concern, namely the acquisition of all related certificates and licenses required by the State, County of Los Angeles, and City of Redondo Beach, resulting in a project that is in conformity with the intentions and purposes of the applicable provisions of the City’s Zoning Ordinance and its General Plan.
Additionally, the project is consistent with the Comprehensive General Plan of the City. Policy LU-6.8 Retail Goods and Services of the Land Use Element ensures a mix of retail businesses that provide the full continuum of goods and services for the community. The massage business will be of service to local residents. No additional buffers or setbacks are warranted as the use is not expected to produce additional noise and there is an existing 55-foot distance from the adjacent residential uses to the south. No dedications or easements are required. No new fences or walls are required. Proposed signage shall require a separate permit and shall be consistent with the Sign Regulations Criteria in Section 10-2.1802. No new landscaping is required. As conditioned, the massage business use is not anticipated to generate unusual noise, vibration, or odors or additional traffic. No loading facilities are necessary for the proposed massage business use. Additional conditions of approval have been added that require the following:
• That the business obtains all necessary licenses from the State of California, County of Los Angeles Department of Health, and the City of Redondo Beach, as defined by Title 6, Chapter 2 of the RBMC.
• That the business be permitted to operate between the hours of 9:00am to 10:00pm, Seven (7) days a week;
• Maximum number of two (2) employees in the massage business at any given time; and
• The use shall occur exclusively within the interior of the tenant space.
Based on a review of the application, business operations, massage licenses, and the plans by the Planning Division, approval of the project is recommended.
ENVIRONMENTAL STATUS
The proposed project is Categorically Exempt from the preparation of environmental analyses, pursuant to Sections 15301(a) (Existing Facilities) of the California Environmental Quality Act (CEQA). This section exempts projects involving minor interior and exterior alterations of existing structures including interior partitions, plumbing, and electrical, with no expansion, from environmental review. The project does not propose any floor area expansion, and work will be limited to interior renovations within the existing building, consistent with those items specified as exempt under this section.
CONCLUSION
Staff recommends that the Planning Commission approve the Exemption Declaration and grant the Conditional Use Permit subject to the findings and conditions contained within the attached draft resolution.
ATTACHMENTS
Attachment 1 - Draft Resolution
Attachment 2 - Site Plan
Attachment 3 - Floor Plan
Attachment 4 - CEQA Exemption Declaration