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HomeMy WebLinkAbout1850RESOLUTION 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 RAT HAIR TA EXISTING ONE -STORY BUILDING 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 he6r1"41, 2012. ATTEST: Secr lanning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney airman, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCAD IA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1850 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 14th day of February 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Beranek, Chiao, Parrille and Baerg NOES: None ry of the Planning Commission