HomeMy WebLinkAboutItem 2 - 200 S. First Ave.June 28, 2011
Development Services Department
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 11 -21 to allow a 1,440
square -foot pet grooming business in the Mixed Use (MU) zone at 200 S.
First Avenue
SUMMARY
Conditional Use Permit Application No. CUP 11 -21 was filed by Mr. Shivan Kuen Chern,
owner of Snowball Pet Boutique at 207 S. First Avenue. Mr. Chern is proposing to
move his pet grooming business to a 1,440 square -foot commercial unit at 200 S. First
Avenue. The Development Services Department is recommending approval of this
application, subject to the conditions listed in this report.
GENERAL INFORMATION
APPLICANT: Mr. Shivan Kuen Chern, business owner
LOCATION: 200 S. First Avenue
REQUEST: A Conditional Use Permit to allow a 1,440 square -foot pet grooming
business in the Mixed Use (MU) zone.
SITE AREA: 8,100 square feet (0.186 acre)
FRONTAGES: 60 feet along First Avenue
135 feet along Bonita Street
EXISTING LAND USE & ZONING:
The site is currently developed with a single -story, 3,640 square -foot,
three -unit, commercial building constructed in 1952. The property is
zoned MU, Mixed Use.
SURROUNDING LAND USES & ZONING:
North: Radio & TV Studio — zoned MU
South: Medical and Retail — zoned MU
East: Single- Family and Multiple Family Residences — zoned R -3
West: Retail — zoned MU
GENERAL PLAN DESIGNATION:
Mixed Use (1.0 FAR) — This designation provides opportunities for
commercial and residential mixed -use development that takes
advantage of easy access to transit and proximity to employment
centers, and that provides complementary mixes of uses that support
and encourage pedestrian activity.
PUBLIC HEARING NOTIFICATION
Public hearing notices for CUP 11 -21 were mailed on June 14, 2011 to the owners and
tenants of those properties that are located within 300 feet of the subject property — see
the attached radius map. Because staff considers the proposed project exempt from the
requirements of the California Environmental Quality Act (CEQA) the public hearing
notice was not published in a local newspaper.
BACKGROUND INFORMATION
The site is developed with a one -story, 3,640 square -foot, three -unit, commercial
building constructed in 1952. The applicant's pet grooming business is currently located
on the west side of First Avenue at 207 S. First Avenue (See attached photos). The
proposal is to move the business across the street into the northerly 1,440 square -foot
unit of the three -unit commercial building with the addresses 200, 202, and 204 S. First
Avenue. The subject unit is currently occupied by a photography studio. The other two
units in the building are occupied by a chiropractic office and a book store.
While pet grooming is not specifically listed as an allowed use in the MU zone; pet
shops are allowed with an approved Conditional Use Permit (CUP). Staff's
interpretation is that a pet grooming business is equivalent to a pet shop. A CUP is
required for pet shops because of potential issues, such as kenneling, boarding of pets,
keeping of pets outdoors, and noise, all of which need to be adjusted or restricted to be
sure that the use is compatible with surrounding uses. These same issues can arise
with a pet grooming business.
PROPOSAL AND ANALYSIS
The applicant is proposing to relocate his pet grooming business to 200 S. First.
Avenue from his current location across the street at 207 S. First Avenue. The
operation of a pet shop /pet grooming in the Mixed Use Zone requires a Conditional Use
Permit (CUP). The services to be offered at the proposed business are pet grooming
and incidental retail sales of pet - related merchandise. There will be no kenneling or pet
boarding services offered and all pets will remain indoors. The proposed pet grooming
CUP 11 - 21
200 S. First Avenue
June 28, 2011 — page 2
business will be open Monday through Saturday from 9:00 a.m. to 6:00 p.m. The
proposed business is to have three (3) grooming tables, a washing area, a retail display
and sales area, and an office. The only exterior alterations will be new signage.
The establishment of a pet grooming business at this location will not have an effect on
the parking requirement. This location has been occupied by the current types of uses
for many years, and the existing eight (8) space parking deficiency is a legal -
nonconforming situation.
Staff received the attached letter of support that was signed by the owners of 10
neighboring businesses, including the Chiropractic Office and Book Shop that are the
other tenants at the subject location.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, and emergency equipment are required to be complied with to the satisfaction of
the Building Official, Community Development Administrator, and Fire Marshal.
CEQA
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 of the CEQA Guidelines for the operation, repair,
maintenance, permitting, leasing, licensing or minor alteration of an existing structure.
A Preliminary Exemption Assessment is attached.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
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 pet grooming business 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 health and safety code requirements.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. The pet grooming business currently exists
directly across the street, and a Conditional Use Permit for its relocation to the east
side of the street is authorized by Section 9268.10 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
CUP 11 -21
200 S. First Avenue
June 28, 2011 — page 3
neighborhood. The establishment of the pet grooming business at this location will
entail interior remodeling and only minor alterations to the exterior.
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. First Avenue provides
access to the site and is a local road that is capable of carrying the traffic demand
of the proposed use. The site is a corner lot and the intersecting street, Bonita
Street provides access to a private parking lot behind the building.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A pet grooming service is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
It is staff's opinion that the proposed pet grooming business satisfies each prerequisite
condition.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 11 -21 subject to the following conditions:
1. The pet grooming use approved by CUP 11 -21 is limited to pet grooming and retail
sales, shall not operate between the hours of 12:00 a.m. to 6:00 a.m., shall not
operate more than 16 hours per day, shall be operated and maintained in a manner
that is consistent with the proposal and plans submitted and approved for CUP 11-
21, 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. No kenneling or boarding of animals, and all animals are to be kept indoors at all
times.
3. The pet grooming service is limited to small animals and household pets as defined
in the Arcadia Municipal Code.
4. 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.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -21
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the business.
6. 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
CUP 11 -21
200 S. First Avenue
June 28, 2011 — page 4
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 shall
cooperate fully in the defense of 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.
7. Approval of CUP 11 -21 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.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this project, the Commission should
move to approve Conditional Use Permit Application No. CUP 11 -21 and adopt
Resolution No. 1839 as presented, which states the supporting findings, environmental
determination, and conditions of approval, or as modified by the Commission.
Denial
If the Planning Commission intends to deny this project, the Commission should move
to deny Conditional Use Permit Application No. CUP 11 -21; state the finding(s) that the
proposal does not satisfy with reasons based on the record, and direct staff to prepare a
resolution incorporating the Commission's decision and specific findings for adoption at
the next meeting.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the June 28, 2011 public hearing, please contact Assistant
Planner, Nick Baldwin at (626) 574 -5444, or at nbaldwin@ci.arcadia.ca.us.
Approved by:
Ji ' -.ama
unity Development Administrator
Attachments:
Aerial Photo and Vicinity Map with Zoning Information
300 -foot Radius Map
Photos of Subject Property
Photos of Existing Business
Site Plan and Proposed Floor Plan
Preliminary Exemption Assessment
Letter of Support
Resolution No. 1839
CUP 11 -21
200 S. First Avenue
June 28, 2011 — page 5
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CASE NO.
DATE: 6 -10 -11
SCALE: 1" = 100'
Existing Pet Grooming Business, 207 S. First Ave.
Subject Property, 200 S. First Ave.
200 S. First Avv. 626- 294 -0508
Adjacent Businesses to the South
HOT SOUP SPECIAITYRtsiAtiI At`T rsE
206 S. First Avenue
Businesses Across the Street
203 and 201 S. First Avenue (West of Subject Property)
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130 S. First Avenue (North of Subject Property)
129 S. First Avenue (Northwest of Subject Property)
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1.
Name or description of project:
CUP 11 -21, a conditional use permit to allow a 1,440 square -foot pet
grooming business in the Mixed Use (MU) zone at 200 S. First Avenue
2.
Project Location — Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15' or 7 1/2' topographical map
identified by quadrangle name):
200 S. First Avenue
3.
Entity or person undertaking project:
A.
B. Other (Private)
(1) Name
Shivan Kuen Chem
(2) Address
207 S. First Avenue, Arcadia, CA 91006
4.
Staff Determination:
The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with
the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has
concluded that this project does not require further environmental assessment because:
a. ❑
The proposed action does not constitute a project under CEQA.
b. ❑
The project is a Ministerial Project.
c. ❑
The project is an Emergency Project.
d. ❑
The project constitutes a feasibility or planning study.
e. /1
The project is categorically exempt.
Applicable Exemption Class:
01
f. ❑
The project is statutorily exempt.
Applicable Exemption:
1
g. ❑
The project is otherwise exempt on
the following basis:
h. ❑
The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency: 1
Date: 6 -28 -11
Preliminary Exemption Assessment\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Staff: Nick Baldwin, Assistant Planner
FORM "A"
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RESOLUTION NO. 1839
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 11 -21 FOR A 1,440 SQUARE -FOOT PET GROOMING
BUSINESS IN THE MIXED USE (MU) ZONE AT 200 S. FIRST AVENUE.
WHEREAS, on June 13, 2011, an application was filed by Mr. Shivan Kuen
Chern, owner and operator of Snowball Pet Boutique at 207 S. First Avenue to allow a
1,440 square -foot pet grooming business in the Mixed Use (MU) zone at 200 S. First
Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on June 28,
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 June 28, 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 pet grooming business 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
health and safety code requirements.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. The pet grooming business currently exists
directly across the street, and a Conditional Use Permit for its relocation to the east side
of the street is authorized by Section 9268.10 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 establishment of the pet grooming business at this location will
entail interior remodeling and only minor alterations to the exterior.
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. First Avenue provides
access to the site and is a local road that is capable of carrying the traffic demand of the
proposed use. The site is a corner lot and the intersecting street, Bonita Street provides
access to a private parking lot behind the building.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A pet grooming service is a commercial use that is
consistent with the General Plan Land Use Designation of the site.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 11 -21 to allow a 1,440 square -foot pet grooming
business in the Mixed Use (MU) zone, subject to the following conditions:
1. The pet grooming use approved by CUP 11 -21 is limited to pet grooming and
retail sales, shall not operate between the hours of 12:00 a.m. to 6:00 a.m., shall not
operate more than 16 hours per day, shall be operated and maintained in a manner that
is consistent with the proposal and plans submitted and approved for CUP 11 -21, and
shall be subject to periodic inspections, after which the provisions of this Conditional
-2- 1839
Use Permit may be adjusted after due notice to address any adverse impacts to the
neighboring businesses and /or properties.
2. No kenneling or boarding of animals, and all animals are to be kept indoors
at all times.
3. The pet grooming service is limited to small animals and household pets as
defined in the Arcadia Municipal Code.
4. 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.
,5. Noncompliance with the plans, provisions and conditions of approval for
CUP 11 -21 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the business.
6. 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 shall cooperate fully in the defense of
-3- 1839
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.
7. Approval of CUP 11 -21 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 shall certify to the adoption of this Resolution.
Passed, approved and adopted this day of , 2011.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
-4- 1839