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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: -2- 1838 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 -3- 1838 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