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
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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
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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.
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