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HomeMy WebLinkAboutItem 1STAFF REPORT Development Services Department February 14, 2012 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Conditional Use Permit No. CUP 12 -01 to allow a 1,140 square -foot personal service use (hair salon) at 1010 N. Santa Anita Avenue. SUMMARY Conditional Use Permit Application No. CUP 12 -01 was filed by the business owner, Mr. Nigol Parseghian, to allow a 1,140 square -foot hair salon within an existing one -story commercial space at 1010 N. Santa Anita Avenue. The applicant has been operating his hair salon at 159 N. Santa Anita Avenue, but is being relocated from this property as part of an Arcadia Redevelopment Agency project. The Development Services Department is recommending approval of this application, subject to the conditions listed in this report. GENERAL INFORMATION APPLICANT: Mr. Nigol Parseghian (Business Owner) LOCATION: 1010 N. Santa Anita Avenue REQUEST: A Conditional Use Permit to allow a 1,140 square -foot personal service use (hair salon). SITE AREA: 31,324 square -feet (0.72 acre) FRONTAGE: 182.4 feet along North Santa Anita Avenue EXISTING LAND USE & ZONING: The site is currently developed with a one -story, 8,740 square -foot commercial building constructed in 1960. The property is zoned C -2, General Commercial. SURROUNDING LAND USES & ZONING: North: Real Estate Office and Dry Cleaning Services — zoned C -2 South: Multiple - Family Residences — zoned R -3, and a Single - Family Residence — zoned R -1 East: Commercial Offices — zoned C -2 West: Retail and an Automobile Service Station — zoned C -2 GENERAL PLAN DESIGNATION: Commercial — the Commercial designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allow a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. PUBLIC HEARING NOTIFICATION Public hearing notices for CUP 12 -01 were mailed on February 3, 2012 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, 8,740 square -foot, commercial building constructed in 1960. The building is divided into six commercial units that are currently occupied as follows: 1002 N. Santa Anita Ave. (2,500 square feet) — Santa Anita Wine & Spirits Inc. 1004 N. Santa Anita Ave. (1,410 square feet) — Eden Skin Care and Slimming 1008 N. Santa Anita Ave. (1,410 square feet) — Carob Tree Health Food Store 1010 N. Santa Anita Ave. (1,140 square feet) — Subject Unit 1012 N. Santa Anita Ave. (1,140 square feet) — Vacant 1014 N. Santa Anita Ave. (1,140 square feet) — Dilbeck Realtors The subject 1,140 square -foot commercial unit was formerly part of the adjacent health food store that downsized in 2009. The space was remodeled from a 4,830 square -foot retail store into four (4) separate units: 1008 -1014 N. Santa Anita Avenue. The subject unit and the adjacent unit at 1012 N. Santa Anita Avenue have been vacant since that time. CUP 12 -01 1010 N. Santa Anita Avenue February 14, 2012 — page 2 PROPOSAL AND ANALYSIS The proposal is to use an existing 1,140 square -foot commercial unit at 1010 N. Santa Anita Avenue as a hair salon. A hair salon is considered a personal service use, and is subject to a Conditional Use Permit per Ordinance No. 2275 that was adopted in June 2010. The owner of the proposed hair salon, Mr. Nigol Parseghian, currently operates the `Hair Connection' salon at 159 N. Santa Anita Avenue. This property was recently purchased by the Arcadia Redevelopment Agency for a potential redevelopment project, and the Redevelopment Agency is relocating all the tenants of this building. Mr. Parseghian has chosen the subject property at 1010 N. Santa Anita Avenue as a new location for his hair salon, subject to approval of this application. Hair cutting and styling services are offered at the applicant's existing salon, and these will continue to be the only services provided at the new location. Manicures, massages, pedicures or any other personal services will not be provided at this new location. Minor interior improvements are proposed to provide three shampoo sinks and six hair cutting and styling stations. No alterations other than new signage will be made to the exterior of the building. There are 43 on -site parking spaces at the subject site. This meets the current parking requirement based on the existing uses, and the proposed hair salon will not increase the parking requirement. The parking requirements for each use are as follows: Parking Requirement Calculation Use Santa Anita Wine & Spirits (2,500 sq.ft.) Eden Skin Care & Slimming (1,410 sq.ft.) Carob Tree Health Food (1,410 sq.ft.) Vacant Retail Space (1,140 sq.ft.) Dilbeck Realty (1,140 sq.ft.) Proposed Hair Salon (1,140 sp.ft.) Parking Requirement 5 spaces per 1,000 sq. ft. 5 spaces per 1,000 sq. ft. 5 spaces per 1,000 sq. ft. 5 spaces per 1,000 sq.ft. 4 spaces per 1,000 sq.ft. 5 spaces per 1,000 sq.ft. Spaces Required 12.50 spaces 7.05 spaces 7.05 spaces 5.70 spaces 4.56 spaces 5.70 spaces Total: 42.56 spaces It is staffs opinion that the proposed hair salon is a compatible use with the other uses in the building and with the surrounding neighborhood, and is consistent with the C -2 Zoning and the General Plan's Commercial designation of the property. It is staff's opinion that the parking needs of this use will not impact the subject property or adjacent properties, and that the existing on -site parking is sufficient to accommodate the parking needs of the hair salon and the other businesses in the building. 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. CUP 12 -01 1010 N. Santa Anita Avenue February 14, 2012 — page 3 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(a) of the CEQA Guidelines for interior alterations, permitting and leasing 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 salon 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 beauty salon at this location is permitted by the Arcadia Municipal Code with an approved Conditional Use Permit. 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 salon will involve only minor alterations to the interior of the existing commercial space and the on -site parking lot is adequate to accommodate the parking needs of the subject use. 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. Santa Anita Avenue 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. It is staffs opinion that the proposed hair salon satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 12 -01 subject to the following conditions: CUP 12 -01 1010 N. Santa Anita Avenue February 14, 2012 — page 4 1. The personal service use approved by this CUP is limited to hair styling and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 12 -01, 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. The hair salon shall not be open more than sixteen (16) hours per day, and shall not be open between the hours of midnight (12 a.m.) and 6 a.m. 3. 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. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the salon. 5. 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 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. 6. Approval of CUP 12 -01 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 12 -01; state the supporting findings and environmental determination, and adopt the attached Resolution No. 1850 that incorporates the Commission's decision, specific determinations and findings, and the conditions of approval. CUP 12 -01 1010 N. Santa Anita Avenue February 14, 2012 — page 5 Denial If the Planning Commission intends to deny this project, the Commission should move to deny Conditional Use Permit Application No. CUP 12 -01; 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 February 14, 2012 public hearing, please contact Associate Planner, Thomas Li at (626) 574 -5447, or at tliAci.arcadia.ca.us. Approved by: Jim ma Co munity Development Administrator Attachments: Aerial Photo and Vicinity Map with Zoning Information 300 -foot Radius Map Photos of Subject Property Site and Floor Plans Preliminary Exemption Assessment Resolution No. 1850 CUP 12 -01 1010 N. Santa Anita Avenue February 14, 2012 — page 6 Subject property are ten7lear SUE MORENO (626) 360-6944 OWNERSHIP / OCCUPANTS UST RADIUS MAPS - LAND USE -PLANS MUNICIPAL COMPLIANCE CONSULTING 06 LAMBERT AVE.EL 1AONTE, CA 91732 -FAX(626)360-1 PROJECT INFORMATION 1010 N. SANTA ANITA, AVE. 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"A .frun - p ancitow-xwearool OE .t 2 ME BM= rI 14EICIEUR ls 31 t Aso' • 11P47 IRMO 311301ii 111 MEW • - • - ,1 FOREST T 3 View of the rear parking lot on the subject property View of the properties across from the subject site $1194 Sal= SANTA AANTA A L `aAla -tniH loop • • eO o CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: CUP 12 -01 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): 1010 N. Santa Anita Avenue 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Nigol Parseghian (2) Address 159 N. Santa Anita Avenue, Arcadia, CA 91007 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. The project is categorically exempt. e. /1 Applicable Exemption Class: 01 - Existing Facilities f. ❑ The project is statutorily exempt. Applicable Exemption: The project is otherwise exempt on the following basis: g. • h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: 02 -01 -12 Preliminary Exemption Assessment\2011 Staff: Thomas Li, Associate Planner FORM "A" RESOLUTION NO. 1850 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 12 -01 FOR A 1,140 SQUARE -FOOT HAIR SALON WITHIN AN EXISTING ONE -STORY BUILDING AT 1010 NORTH SANTA ANITA AVENUE. WHEREAS, on January 26, 2012, an application was filed by Nigol Parseghian for a 1,140 square -foot hair salon within an existing one -story building at 1010 North Santa Anita Avenue, Development Services Department Case No. CUP 12 -01; and WHEREAS, a public hearing was held by the Planning Commission on February 14, 2012, 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 February 14, 2012 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 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. The beauty salon use is permitted by the Arcadia Municipal Code with an approved Conditional Use Permit. 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 salon will involve only minor alterations to the interior of the existing commercial space and the on -site parking lot is adequate to accommodate the parking needs of the subject use. 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. Santa Anita Avenue 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. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 12 -01 for a 1,140 square -foot hair salon at 1010 North Santa Anita Avenue, subject to the following conditions: 1. The personal service use approved by this CUP is limited to hair styling and shall be operated and maintained in a manner that is consistent with the proposal and plan (attached as Exhibit A) submitted and approved for CUP 12 -01, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit -2- 1850 may be adjusted after due notice to address any adverse impacts to the neighboring businesses and /or properties. 2. The hair salon shall not be open more than sixteen (16) hours per day, and shall not be open between the hours of midnight (12 a.m.) and 6 a.m. 3. 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. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the salon. 5. 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 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. -3- 1850 6. Approval of CUP 12 -01 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 ATTEST: , 2012. Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission -4- 1850 • • ego Resolution 1850 — Exhibit A