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HomeMy WebLinkAbout1846RESOLUTION NO. 1846 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -16 FOR A 725 SQUARE -FOOT TATTOO PARLOR WITHIN AN EXISTING ONE -STORY BUILDING AT 1430 S. BALDWIN AVENUE. WHEREAS, on October 18, 2011, an application was filed by Fresh Ink Tattoo for a 725 square -foot tattoo parlor within an existing one -story building at 1430 S. Baldwin Avenue, Development Services Department Case No. CUP 11 -16; and WHEREAS, a public hearing was held by the Planning Commission on November 8, 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 November 8, 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 tattoo parlor is consistent with the intended commercial use of the property and neighborhood, and will not have any adverse impacts to the neighboring businesses or properties. The use 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. A tattoo parlor is permitted with a Conditional Use Permit by 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 tattoo parlor will involve only minor alterations to the interior of the existing facilities. The on -site parking and the on- street parking on Baldwin Avenue are adequate to accommodate the parking needs of the subject use and the other existing uses at this property. 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. Baldwin Avenue provides access to the front of the site and is a principal travel corridor that is capable of carrying the traffic demand of the proposed use. An alley to the rear of the subject property provides access to an on -site parking lot and 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. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -16 for a 725 square -foot tattoo parlor at 1430 S. Baldwin Avenue, subject to the following conditions: 1. The personal service use approved by this CUP is limited to tattoo services, piercings, and incidental retail sales, and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 11 -16, and shall be subject to periodic inspections, after which the provisions of this -2- 1846 Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the neighboring businesses and /or properties. 2. The operating hours of the tattoo parlor shall be limited to 12:00 noon to 9:00 p.m., seven (7) days a week. 3. The three (3) tattoo /piercing stations located behind the front counter shall remain open to view from the front waiting area (i.e., shall not become either fully, or partially enclosed). The one (1) semi - private tattoo /piercing station towards the rear of the shop shall not become a private or fully - enclosed station. Blinds and /or shades shall be installed in the front windows and front door so that the tattoo /piercing stations are not visible from Baldwin Avenue. 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 -16 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tattoo parlor. 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 -3- 1846 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 -16 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 g)—day of NO €M6t(2011. ATTEST: Secretary, P nning Commission APPROVED AS TO FORM: P, Q Stephen P. Deitsch, City Attorney Chairman, Planning Commission -4- 1846 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1846 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 22nd day of November, 2011 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille NOES: None Secretary of th Planning Commission