HomeMy WebLinkAbout1838RESOLUTION NO. 1838
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 11 -08 FOR A BEAUTY SALON EXPANSION AT 556 LAS
TUNAS DRIVE, SUITE NOS. 106 & 107.
WHEREAS, on May 9, 2011, an application was filed by Ms. Jennifer Lu of J &L
Salon at 556 Las Tunas Drive, Suite No. 106 to expand the salon into the adjacent Suite
No. 107, Development Services Department Case No. CUP 11 -08; and
WHEREAS, a public hearing was held by the Planning Commission on May 24,
2011, at which time all interested persons were given full opportunity to be heard and to
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the staff report dated May 24, 2011 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare or injurious to the property or improvements in such zone or
vicinity. The proposed salon expansion is consistent with the intended commercial use
of the property and will not have any adverse impacts to the neighboring businesses or
properties, and will be required to comply with all applicable County Health Code
requirements.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. The beauty salon use currently exists at this
location, and a Conditional Use Permit for its expansion is authorized by Section
9275.1.53.2.1 of the Arcadia Municipal Code.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
landscaping, and other features required to adjust said use with the land and uses in the
neighborhood. The proposed expansion of the salon will involve minor alterations to the
existing facilities. The replacement of a door with glass storefront is the only proposed
exterior alteration and its appearance will match the existing building.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use. Las Tunas Drive
provides access to the site and is a principal travel corridor that is capable of carrying
the traffic demand of the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A personal service use is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
6. Because no significant physical alterations to the property are necessary,
this project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for the
operation, repair, maintenance, permitting, leasing, licensing or minor alteration of an
existing structure.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 11 -08 to expand the salon at 556 Las Tunas Drive,
Suite No. 106 into the adjacent Suite No. 107, subject to the following conditions:
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1. The personal service use approved by CUP 11 -08 is limited to hair styling
and eyelash extensions from 9:00 a.m. to 7:00 p.m. daily and shall be operated and
maintained in a manner that is consistent with the proposal and plans submitted and
approved for CUP 11 -08, and shall be subject to periodic inspections, after which the
provisions of this Conditional Use Permit may be adjusted after due notice to address
any adverse impacts to the neighboring businesses and /or properties.
2. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, and emergency equipment shall be complied with to the
satisfaction of the Building Official, Community Development Administrator, and Fire
Marshal.
3. Noncompliance with the plans, provisions and conditions of approval for CUP
11 -08 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the salon.
4. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
aside, void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or decision. The
City shall promptly notify the applicant of any claim, action, or proceeding concerning
the project and /or land use decision and the City shalicooperate fully in the defense of
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the matter. The City reserves the right, at its own option, to choose its own attorney to
represent the City, its officers, employees, and agents in the defense of the matter.
5. Approval of CUP 11 -08 shall not take effect until the property owner(s),
applicant(s), and business owner(s) and operator(s) have executed and filed an
Acceptance Form available from the Development Services Department to indicate
awareness and acceptance of these conditions of approval.
SECTION 4. The Secretary sh all certify to the adoption of this Resolution.
Passed, approved and adopted this (9 ' / day of A y , 2011.
ATTEST:
Secr ry, Planning Commission
APPROVED AS TO FORM: ,
Stephen P. Deitsch, City Attorney
L
an, "P!nning Commission
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA
I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia,
hereby certify that the foregoing Resolution No. 1838 was passed and adopted by the
Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by
the Secretary at a regular meeting of said Planning Commission held on the 24th day of
May, 2011 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baderian, Baerg, Chiao and Parrille
NOES: None
ABSENT: Commissioner Beranek
of the Planning Commission