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HomeMy WebLinkAbout1839RESOLUTION 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: Secreta,OY, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, PliAnning 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. 1839 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 28th day of June, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille NOES: None Secr f1 "of t e Planning Commission