Planning Commission - Regular Meeting

if you uh continue standing and and uh and I'll offer our invocation. Oh, there you go. Let me turn on the Good and gracious God, as we gather tonight for tonight's meeting, let us uh commit to serving the residents and the people of our community with humility and cander. Help us to listen to all the voices, to weigh proposals with care for public good. May our deliberations be guided by integrity and uh evidence and transparency. And may we treat one another with respect even if we have disagreements. Grant us patience and uh common uh ground and the courage to do what's right for our citizens. And as always, we want to thank you for the blessings of our police, our fire, and those who protect us and our military. And be with us here tonight. In your name we pray. Amen.

It was that was 45 seconds long. They had live in. Um, may I have our planning commission secretary please call the role? Yes. Commissioner Luhan present. Commissioner Sakali present. Commissioner Legospi present. Vice Chair Uba here. And Chair Gera

here. See, we can't even disagree. How do we say here or present? No, I'm kidding you guys. Uh, okay. This is the time set aside for oral communications from the planning commission. Does any commissioner wish to make an announcement, report on a conference meeting, or request items for a future meeting? And I'll start. Vice Chair Luba. Uh I have nothing. Okay, sir. I I have nothing. Thank you. Okay, Mr. Luba. Nothing. Okay. I have none.

Okay. Um I have one little uh report uh to to bring out. I was telling our staff a little while ago. So last meeting um you know we had a a discussion a long discussion about what motion and how we make certain motions and we had a uh a lot of briefing and it was all done very civilized uh which is coming back to our agenda tonight but there was a timeout break from our staff uh they wanted a few minutes and we as a planning commissioner were here. I stood up and I was telling war stories about past things that happened to our city. U and one of them was that you know we talked about how much it cost to bring portals here. One of them was about Bos Big Boy and I said, you know, there was a $2 million project about 900,000 from the economic development fund that we had, which of course the governor took anyways. And I did make the comment that it was probably a terrible deal financially for us, but it's something that we wanted to rebuild Bos Boy and we're proud of that. Well, evidently it was a live mic when we said that. So, some gentleman wrote a nasty letter uh about it to the local paper and and to me and so forth saying that first of all, I uh I'm not a very good chairman cuz I can't even know how to form a motion. Okay, you guys remember we did 15 different motions and how do we form it? And number two, how you know here I was talking trash about our city and spending the money which of course you guys know that. So, I just want to let you guys know that all the little war stories I was telling you as being from the past on there were all recorded. I went back and listened to it and there's not one thing that I'm ashamed. I I I said it's all truth and it's all those things that really happened. But I did want to report. So, that gentleman is watching again tonight. It's like, you know, we heard you and you're silly. But anyway, so uh I did want to report that. And then the other part is uh it's not

we're not talking out of school here, but Vice Chair Uva and I seem to have this timing thing. Uh at the last before the last meeting, um you know, I always go and do my homework and inspections and I know some of you all do too. So we were at that one house that we were discussing and I pulled up on the street was looking at driving around the block. Commissioner uh vice vice chair UVA drove next to me and we both sort of laughing that we ran into each other at the location in our separate cars and so forth. So fast forward now a couple weeks ago later to today. So this afternoon I normally don't do it at this time but I went around 2 something or whatever and I went to the location that we that's on the agenda tonight. And of course who pulls up next to me in the parking lot but Vice Chair UVA. So, we had a good laugh that we we didn't even get out of our cars, but uh so we got to stop meeting like this as the old joke says. Okay. So, all right. So, uh does the community development director have a report on city council action or any other general updates?

Uh thank you, uh Chair Garrett. Just a a couple clarifications for the future item that you'll consider, item number eight. Um there's a corrected memo with uh some outlining some typographical errors that you have on the dis that's been placed uh in the back of the room as well for the public. Just when you get to that item, I just wanted to make you aware of that. And also there's a revised um agenda on the dis and also available to the public which reflects uh item number two on the agenda which is the flag salute and the invocation provided today by chair Gara that will be included in any future uh agendas as well. So, just wanted to clarify those items. Thank you, chair.

Thank you. Thank you very much. Appreciate that. Um, everybody got a copy of the memorandum so you have it for our records when we get to voting on the consent calendar. So, that's great. Um, so now is the time set aside for the public hearing for PLN250055 uh regarding a conditional uh use permit. Does the planning commission secretary have proof of publication? Yes, I do. Great. Will the community development director please introduce staff making the presentation? Yes. Thank you.

Thank you, Chair Garin, commission. Tonight's item will be presented by our assistant planner, Marissa Montero, and she has a brief PowerPoint presentation that she'll be providing today for this item. Thank you.

We didn't we didn't scare her from last time then, so she's back. No. Good evening, Chair Gara, Vice Chair UVA, commissioners, and members of the audience. The item before you tonight is PLN-25-000055. Sorry, I'm having a little trouble with the clicker. [Music] Thank you.

All right. The this request is uh for a conditional use permit to allow the operation of a massage therapy establishment in an existing 1,189 ft tenant space at an existing commercial center located at 9464 Firestone Boulevard. The existing commercial center consists of two parcels and is developed with two buildings. The first building located adjacent to Firestone Boulevard, labeled A on the screen, um contains 1,723 square ft and is divided into two tenant spaces. The second building contains 17,549 square ft and is divided into eight tenant spaces. A cup for a massage therapy establishment was approved by the planning commission on January 17th, 2001 to allow M&A Day Spa to operate at 9472 Firestone Boulevard, which is the tenants space outlined in red. The subject business is requesting to relocate to another tenant space within the same commercial center, um 9464 Firestone Boulevard, which is outlined in green on the screen. Because a conditional use permit is specific to a particular tenants space and address, the relocation of the business to a different tenants space requires approval of a new CUP. If the commission approves the CUP tonight, the original CUP number 00-107 and the associated resolution will be repealed in its entirety and that has been uh included as a condition of approval. This slide shows the existing conditions of the business current tenant space um on the left and the proposed tenant space which is currently empty on the right. The subject property is zoned C2 with

the general plan land use designation of general commercial. The surrounding area is a variety of zones and land use designations. Immediately to the north, east, and west are commercial zones, and to the south is multifamily residential. The proposed hours of operation are 9:30 a.m. to 7:30 p.m. 7 days a week. Staff includes nine employees um consisting of six massage therapists and three managers. Client volume is expected to range between two and 10 appointments per day. Um and services offered will include acupressure massage and deep tissue massage for varying lengths of time ranging from 30 to 60 minutes. Uh this slide shows the proposed floor plan which includes a reception and lobby area, four massage rooms, two restrooms, a designated shower area, and support spaces that include an employee lounge room, a lunchroom, and a laundry room. Regarding parking, the proposed use would be categorized as personal services, which requires parking at a ratio of one space per 300 square ft of tenant space, which results in a requirement of four parking spaces. The relocation does not increase the overall parking demand for the site. The DMC requires massage therapy establishments to comply with chapter 5 of article six of the DMC. Uh in accordance with the California Massage Therapy Act, any person who performs massage within the city is required to have certification from the California Massage Therapy Council, CAMTC. Additionally, all massage establishment owners are required to hold a CAMTC certification. Further, certified massage practitioners and massage establishment owners are

also required to receive a permit from the Downey Police Department prior to the issuance of a business license. Along with the certif along with the certification requirements for all ma massage practitioners and massage establishment owners, massage establishments are also required to abide by certain operational regulations. These requirements relate to things like lighting, ventilation, maintenance of records, and sanitary standards. Staff has included conditions of approval to reiterate and emphasize the CAMTC and operational requirements for owners and employees of the massage establishment. The development review committee discussed and evaluated the project as it pertained to planning, police, fire, public works, and building and safety matters. The current business owner acquired the business in 2022. A review of police department calls for service since that time revealed no significant concerns with reported instance in incidents limited to traffic matters, one case of lararseny, and one disturbance. The planning division has also included additional operational conditions of approval, including requirements for un unobstructed visibility into and out of the business's windows, customer entry exclusively through the front entrance, and maintaining the entrance door unlocked during business hours. The other part departments did not express concerns or opposition over the project and issued standard conditions as proposed. Staff has reviewed the proposed project for compliance with SQUA and determined that the CUP is exempt from further review under SQA guideline section 15301 class one existing facilities. A public notice was issued for this item. On August 7th, 2025, the notice of

the pending public hearing before the planning commission was published in the Downing Patriot. And on August 8th, 2025, the notice of the pending public hearing was mailed to all tenants and property owners within 500 feet of the subject site. Staff has not received um any correspondence in response to the public hearing notice. Therefore, staff recommends that the planning comm planning commission adopt resolution number 25-454 approving PLN-25-000055, thereby allowing the operation of a massage massage therapy establishment located at 9464 Firestone Boulevard. This concludes staff's presentation. I'm available for any questions. Thank you.

Who's the planning commission? Thank you so much for that. Thank you. Does the planning commissioner have any questions of staff? Uh, Commissioner Luhan, the current location, is it smaller or is it bigger? Commissioner, do you mind turning on your mic, please? Can you hear me? Yes. Okay. Now, is the the current location is it smaller than where they're moving to or? Um, it is I think slightly larger less than 100. Yes. No, that was all for me. Thank you. I have another question. Um, in the building, is there parking lot for the staff?

Parking space, I'm sorry, parking space for the staff. There's there's not a designated parking area for staff um for the entire site. Um, required parking is based on a ratio determined by the Downey Municipal Code and doesn't specify spec or doesn't specify requirements for separate employee parking.

Okay. So if there are nine employees and two to 10 appointments per day. Uh is there ample parking uh that you show in the parking lot? Cuz I didn't see the parking lot. Yes, you're right. Could you could you go back to the the head shot on the the the first or second one on there because I think that kind of shows it uh from the uh No, there's one that's got a picture. Yeah, this one has the parking there. Yeah, that's the whole complex.

Yeah. So, I I think um the business owner can answer questions about staffing. Um the nine total employees is their their total amount. I again they can answer for scheduling reasons but I don't anticipate that all employees will be there at all times.

Um if I could add something else um commissioner the this is a multi-tenant center and the parking spaces are shared between the various tenants within the multi-tenant center. As uh um as our assistant planner mentioned, the requirements within the Downey Municipal Code do not require separate parking spaces allocated for staff or employees or customers. So the proposal was evaluated for the parking required within the municipal code and the and there is enough parking to meet that minimum requirement.

Okay. So you never had any issue in parking parking issues in the past. are taken. Um, I believe that question would be better answered by the property owner who's who's here in terms of any parking issues that their tenants have experienced. Okay. Thanks, Mr. Cycl. If I could I could answer some of it. Over to the left, I think it's the third one in, there's a restaurant there, um, Fernando's Peruvian food, and and I go there once every couple months. So I could tell you that that parking lot is is it's not an issue. Okay. And that's going, you know, at noon. Yeah. So yeah, they got goodies almost on top, too. So

anyways, um you chair Gar. By the way, great. Fernando is fantastic. I see why you go there. I go there, too. It's great. Miss Montero, um do we know um how many years um has the applicant how long had they been at um suite number 9472? How many years roughly? Yes. So their original CUP was approved in 2001. Um and they're currently in that tenant space. So uh 24 years. 20 24 years. 24 years. And this business owner acquired the business in 2022.

2022. Okay. before or after the acquisition of the business, do we know of any any existing uh neighbors within the center, has has anyone ever complained about this uh this business and for any reason? Um so we prior to 2022. Yes, ma'am.

Yeah. So um the the police department shared concerns regarding previous investigations of the subject business. Um, in 2012, the police department requested revocation of the cup due to uh investigations um involving prostitution and solicitation under the previous owner. Um, however, upon review at that time when they requested the revocation, uh, the city prosecutor determined that there was not substantial uh, evidence uh, to pursue that. Um while reviewing this application and processing it, um that was mentioned to the applicant and the new business owner. Um and the business owner provided a signed statement to staff acknowledging the issues in the past and committed to operate in a professional manner which they have been doing since 2022. Um and they've also reaffirmed again the regulations and requirements that I've covered. um stemming from chapter five of the Downey Municipal Code. So in short, yes, there were some issues in the past that were thoroughly investigated and again um staff made sure to uh discuss that with the applicant and the current business owner.

Thank you. So just to clarify, from 2022 to present, we've had no more uh law enforcement uh complaints, any more citations. Correct. Yes. I um on this slide I mentioned that any calls for service since that time were traffic related. One issue of lararseny and one disturbance. Um detail. Yeah, I would say that

I saw that I saw no no sign, you know, no calls for service. Normally we relate uh to a call for service with within the applicant or the in this case a tenant calling for 911 assistance. When there is a criminal investigation, it wouldn't be a call for service. It would actually be penetrating um the location for illegal activity. Correct. So that's where I'm going with this.

Yes. Thank you for clarifying that actually. Yes. So calls for service is one category and then further I had further conversations with our representative from the police department specifically asking for the previously mentioned um investigations and um they gave me the dates of those. The most recent one was in 2018. Um so again prior to this new business owner. Thank you so much. Yeah. Thank you.

Chair Gar if I may add a couple items. Um just in in general for the property uh the commercial property uh the enforcement has worked closely and cooperatively with the uh property owner and property management team uh and they're in the audience today. Um they've been collaborating as far as making improvements to the center. Uh you might have noticed there was not too long ago was recently painted. um they have uh voluntary on their own uh have security which I think um chair Garrett had mentioned to me prior to the meeting um they've u maintained their landscaping they've really taken a look at their uh operation as a whole as a center to make sure that their tenants have an environment that is inviting to not only the the tenants but also the businesses that come to those uh the the patrons that come to those businesses. And so maybe through the public hearing if there's questions about that um the um uh they can answer those questions. But I wanted to provide additional context that uh from the code enforcement standpoint the property owner and property management have been uh responsive and proactive in working with city staff uh to make some of these improvements to the center on a voluntary basis. Thank you.

Thank you for that. I'm Vice Chair. Um my question was asked by Commissioner Legaspie. So, I'm good. Thank you. Thank you. Could you go back to the very first one again? The map, the the overhead map. Uh, one more. There we go. That one. So, they're going from the red to the green. Do we know what's in between there or what's going to be in between there?

Yeah. So, thank you. That's a great question, too. Um so tenant spaces this initi this request has been initiated because um unit 9474 9472 and 9470 are being um combined to accommodate a larger tenant. Therefore the business owner has been cooperating with the property owner and property management team to move to the now vacant space at 9464. Do we know what kind of business that's going to be? I uh staff may know better, but it's uh plant check. Uh I mean it's in plancheck and it's a medical office that's in currently in plan check.

There's a medical office to the left of B already there too, right? So I I believe if I'm not mistaken, it may have been a dental office prior. Uh this new ten space is existing business in Downing that's relocating to this site which as Marissa said is taking over the three ten spaces as mentioned. Yeah.

Okay. And it's going to be okay. If it's medical, then I go back to your question about the parking, but that's going to be sufficient. And and the last one is a Hertz uh budget car rental thingy uh business on there. But they don't do they park cars there or is that just an office that you can buy a Hertz used car or whatever? Yes. Um, in analyzing the project, uh, the Hertz car rental, their space has been evaluated, um, I believe at the office ratio, but then they also have an allocated 10 parking spaces for their rental vehicles. Okay.

Yes. All right. So, I, you know, I go there a lot and that's how much I pay attention. I did not know that till today because I made a point of looking at it. Okay. Great. Thank you so much. Thank you. Um, okay. So, so before I open the public hearing, call the applicant of the representative. This would be a time for planning commission disclose any prehering site visits or prehering discussions the commissioners may have had about the project. I'll start to my left commission. I have none. Chair. Okay. And there vice chair Uba. Um, like was said previously, I did drive by the property uh this afternoon and um mute it from my car. Great. Mr. recycling. Mr. Luhan, none.

Okay, great. So, now the public hearing is now open. Will the applicant or the representative please come forward to give testimony at this time?

Welcome, sir. Good evening. Good evening.

Uh, my name is David Kraoff. I'm from Westland Real Estate Group. We managed the property on behalf of the owner. Um I've been managing that property for over 20 years. So I'm very familiar with the uh with this tenant with the previous tenant in the general conditions. Um some of the question I could answer off the top of my head I guess some not necessarily in any particular order. Some of the questions that were raised um someone asked about staffing. The um the package says there'll be nine staff people in the spa. Um I asked the business owner who is also here this evening and she said there's no more than three at any one time um in in the unit. So that shouldn't affect the parking at all. Um also regarding Hertz and its parking um before Hertz came into the to the property we looked at the the parking um and found that they were actually overparked. In other words, we had more parking spaces than the code required. And that is why we gave Hertz some reserve spaces behind the building for their cars. Um and it doesn't doesn't seem to be a problem. We have no reports from tenants over all these years of any parking issues. Um even when the dental office was there before smile care um which is the space that the new uh the new medical I think it's Wesley Health is going to be occupying. Um, so they're relocating and expanding and they wanted to stay in the city and this is almost the only place that they could have. So, um, I know they have their building plans already submitted. They're just waiting for us to take care of relocating this one tenant and then they can get started on their construction and and moving into the property. Um, lastly, it's it's a tenant that's been there a number of years. We're basically just taking them from this space, moving them over to that space. Um, we were actually surprised that required a whole new conditional use permit. Um, I understand that's the law of the land,

so that's why we are here tonight, but we appreciate your support. It looks like uh there doesn't seem to be any opposition. If there any questions, I'd be happy to answer them. Thank you, sir. Are you the same Westland that uh built the Downey Gateway? Yes, we are. Okay. I remember that. I was I was on that. We don't own it any longer, but I've heard that you guys sold it, right? And then we do, you know, staff can tell you we have another property that we're trying to redevelop and beautify not far from this one. Um, and we're in the stages of going back and forth with planning on what we can do, what needs to be done. It's the old bag factory. Um, so that property and the one next to it, we're joining to do something creative and uh fix up that whole part of town.

Thank you. Okay. So, um, there's a new Korean barbecue opening up at their old place. So, thank you, sir. Is there any uh any other questions for the applicant for anybody here? Okay, great. Um, so may staff confirm there's been any correspondence in favor or opposition? No correspondence was received.

Okay, great. Is there anybody that would like to speak in favor uh of the or opposition of the applicant? I only see them here. So, seeing none, I will there. Um Okay. Uh at this time, if I see no other objections, uh I am going to close the public hearing. So, the public hearing is now closed. It's time now for the planning commission to deliberate. Um, and I'll start with uh, Vice Chair UVA. Um, I have no objections. I think we should move forward on approving this. Okay. Commissioner Luhan.

Yeah. Nothing for me. I just other than they're being very, you know, kind to the the property, you know, to move to accommodate the new 10 tenants. So, very nice of them. I know moving is a lot of work. Yeah. Mr. Slightly. No further comments. I think my only comment is I'm glad that they're doing good business and and um we we cleaned it up. So that's that's great. Thank you for that. Thank you. So what is the pleasure of the planning commission?

I make a move motion move motion to adopt PLN 250055 and then the resolution. What was the resolution number? If I can if I can ask you to amend your motion to PLN250055. Did I say the wrong one? You just said an extra point there or something like that if that's okay with you. Say we have a motion on the floor there. Is there a second? I'll second it. Okay, we have a motion and a second. Are there any further deliberation?

Okay. If not, I will ask for a vote, please. [Music] I did. Okay. One person is missing. You didn't press. You didn't. Maybe you didn't press hard. You got to push the button. So, you're going to get criticized from that person.

It passes 5. Okay. Great. All right. Uh the act the action of the planning commission will be final unless the matter is appealed to the city council with the appropriate within the next 15 days. So okay great pass. Thank you. You guys don't have to stay there. Is is uh is is Yankee still with your company? Yes. Oh well tell them Mario Geral said hello. I remember you guys. Okay. Bye.

Um yeah I was mayor when we opened that in 2013. The Downey Gateway. So, um, okay. Non-aggenda public comment. I see nobody here. Okay. Uh, so there's no yellow card. So, we'll go to the consent calendar, uh, with the changes that were brought up. Um, and if we approval of the minutes of May 7th and of June 4th of this year, we're getting caught up. We're doing good here. We're almost to present day then. And then, well, there's not going to be any minutes in July. Is this bring us current? No, we have the August 6th one. Yeah, we got

No, we we went out of order a little bit. We do have some older ones, but you're right. We are getting caught up. So, we will bring more uh in the future dates. Okay, great. All right. May I have a motion and a second to approve the consent calendar items? So, moved. Okay. I'll second it. Second. No, I already did. You move. I was looking waiting for you. Okay, we have a motion in a second. Heather, please vote. Motion passes 5-0.

Okay. And we have the administrative report too already in there, right? Yes. The one from uh last week. Okay. Last month. Okay. Um does the community development director have any additional comments for us? I don't have any other updates. Thank you, Chair. Okay. For city attorney, Mr. them. No, nothing from me, but thank you. Okay, great. All right. Well, then with that, we'll adjourn at 7:05. Meetings adjourned. Yay. I was painless.