HomeMy WebLinkAboutItem 1STAFF REPORT
Development Services Department
DATE: November 13, 2012
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
SUBJECT: CONDITIONAL USE PERMIT APPLICATION NO. CUP 12 -18 FOR A 750
SQUARE -FOOT BEAUTY SALON AT 733 W. NAOMI AVENUE, SUITE K
Recommendation: Conditional Approval
SUMMARY
Conditional Use Permit Application No. CUP 12 -18 was filed by Ms. Linda Han to re-
locate an existing beauty salon business to a different suite within the same commercial
building at 733 W. Naomi Avenue. The existing business currently occupies Suite A, a
590 square -foot unit, and the proposal is to move the business to Suite K, a 750 square -
foot unit — see the attached aerial photo, site plan, and photos of the site. The number
of employees, hours of operation, and services provided (i.e. manicures, pedicures,
eyelash treatments, waxing, and facials) will remain the same. It is recommended that
the Planning Commission approve this application, subject to the conditions listed in this
staff report.
BACKGROUND
APPLICANT:
LOCATION:
REQUEST:
SITE AREA:
FRONTAGES
Ms. Linda Han
733 W. Naomi Avenue, Suite K
A Conditional Use Permit for a 750 square -foot beauty salon in an
existing commercial center.
34,565 square -feet (0.79 acre)
OF SITE:
The center has 1,042 feet of frontage along Duarte Road, 674 feet along
Baldwin Avenue, and 1,025 feet along Naomi Avenue. Suite K has a
business frontage of 16 feet.
EXISTING LAND USE & ZONING:
The site is developed with a 34,565 square -foot, commercial center originally
built in 1970 that is divided into 41 units. There are 1,182 on -site parking spaces.
The site is zoned C -2, General Commercial.
SURROUNDING LAND USES & ZONING:
North: Restaurants, Post Office, and offices zoned C -2, and multiple - family
housing zoned R -3
South: Pharmacy and other retail zoned C -2, and multiple - family housing zoned
R -3
East: Retail zoned C -2
West: President's Square Shopping Center zoned C -2, and multiple - family
housing zoned R -3
GENERAL PLAN DESIGNATION:
Commercial (0.5 FAR) — The Commercial designation is intended to permit a
wide range of commercial uses which serve both neighborhood and citywide
markets. The designation allows 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.
DISCUSSION
The applicant is proposing to re- locate an existing beauty salon business to a different
suite within the same commercial building at 733 W. Naomi Avenue, which is within the
Arcadia Hub /Pavilions Shopping Center. The existing business currently occupies Suite
A, a 590 square -foot unit, and the proposal is to move to Suite K, a 750 square -foot unit.
The number of employees, hours of operation, and services provided (i.e. manicures,
pedicures, eyelash treatments, waxing, and facials) will remain the same. No other
personal services are proposed, and there are no proposed changes to the exterior of
the business, although signage is anticipated.
The proposed beauty salon is re- locating from one retail unit to another within the same
commercial center that has 1,182 parking spaces. There is a parking deficiency at this
commercial center, but the proposed re- location will not have an impact on the parking
requirement since there will not be a change in uses. The beauty salon is a retail use
that will occupy a space that was formerly occupied by a retail use (i.e. dry cleaners).
Engineering Services has reviewed the proposal and agrees that there will be no impact
to either the parking or traffic.
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, health code compliance, emergency equipment, environmental regulation
compliance, and parking and site design shall be complied with to the satisfaction of the
Building Official, City Engineer, Community Development Administrator, Fire Marshal,
CUP 12 -18
733 W. Naomi Avenue, Suite K
November 13, 2012
Page 2 of 5
and Public Works Services Director. Any changes to the existing facility may be subject
to having fully detailed plans submitted for plan check review and approval.
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 beauty salon is consistent with the Zoning and General Plan
Land Use Designations of the site, and with the intended commercial use of the
property, 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. In the C -2, General Commercial Zones, a
beauty salon is categorized as a personal service business, which is allowed with
an approved Conditional Use Permit per Section 9275.1.53.2.1 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. Based on the proposal to re- locate the business to a different suite
within the same commercial building with adequate parking, adjustments are not
necessary to accommodate the proposed 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. The beauty salon will not
increase the traffic at this location, which fronts on West Naomi Avenue. This street
and Duarte Road provide access to the site, and are adequate for the type of traffic
that is to be generated by the beauty salon.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed beauty salon is a commercial use that
is consistent with the General Plan Land Use Designation of the site.
The proposed beauty salon satisfies each prerequisite condition.
ENVIRONMENTAL ANALYSIS
If it is determined that no significant physical alterations to the site are necessary, then this
project, which includes minor interior alterations to existing facilities, is categorically exempt
from the provisions of the Califomia Environmental Quality Act (CEQA) pursuant to Section
15301 of the CEQA Guidelines for the operation and leasing of an existing facility. A
Preliminary Exemption Assessment is attached to this staff report.
CUP 12 -18
733 W. Naomi Avenue, Suite K
November 13, 2012
Page 3of5
PUBLIC NOTICE /COMMENTS
Public hearing notices for CUP 12 -18 were mailed on November 1, 2012 to the property
owners and tenants of those properties that are located within 300 feet of the subject
property — see the attached radius map. Because no significant physical alterations to
the property are necessary, staff consider this project to be categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301
of the CEQA Guidelines for the operation and leasing of an existing facility, and therefore,
- the public hearing notice was not published in a local newspaper.
RECOMMENDATION
It is recommended that the Planning Commission approve Conditional Use Permit
Application No. CUP 12 -18, subject to the following conditions:
1. There shall be no more than five (5) employees working at one time.
2. Business hours shall be from 10:00 a.m. to 7:00 p.m., Tuesday through Sunday.
3. Services shall be limited to manicures, pedicures, eyelash treatments, waxing, and
facials.
4. The use approved by CUP 12 -18 is limited to a beauty salon, which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 12 -18, 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 or properties.
5. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director. Any changes to
the existing facility may be subject to having fully detailed plans submitted for plan
check review and approval.
6. Noncompliance with the plans, provisions and conditions of approval for CUP 12 -18
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the beauty salon.
7. 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
CUP 12 -18
733 W. Naomi Avenue, Suite K
November 13, 2012
Page4of5
applicant of any claim, action, or proceeding conceming 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.
8. Approval of CUP 12 -18 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 proposal, the Commission should move
to approve Conditional Use Permit No. CUP 12 -18 and adopt the attached Resolution No.
1866 that states the supporting findings, environmental determination, and conditions of
approval.
Denial
If the Planning Commission intends to deny this proposal, the Commission should move
to deny Conditional Use Permit Application No. CUP 12 -18; 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 November 13, 2012 public hearing, please contact
Assistant Planner, Nick Baldwin by calling (626) 574 -5444, or by email to
nbaldwinCa�ci.arcadia.ca.us.
Approved:
.411,
Ji ,s #sama
ommunity Development Administrator
Attachments: Aerial Photo with Zoning Information
Site Plan
Photos of the Subject Property
Proposed Floor Plan
Preliminary Exemption Assessment
300 -foot Radius Map
Resolution No. 1866
CUP 12 -18
733 W. Naomi Avenue, Suite K
November 13, 2012
Page 5of5
733 W. Naomi Ave., Suite K
CUP 12 -18
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733 W. Naomi Ave. —Subject Property
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733 W. Naomi Ave., Sulte K — Proposed Locatiofl of
Beauty Salon
nrtlhon:
i'1i
733 W. Naomi Ave., Suite A — Current Location of
Beauty Salon
733 W. Naomi Ave. — View from Parking Lot Entrance
on Naomi Ave.
Subject: 733 West Naomi Avenue #K, Arcadia, CA 91007
Square foot: 750 square feet
Applicant: Corner Beauty Linda Han (626)627 -4428
Landlord: Baldwin Arcadia Center, LP c/o BP International, Inc. / Patsy Ma (626) 821 -3448 ext. 100
MaN■COte
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PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Date: 11/1/12
Preliminary Exemption Assessment
Staff: Nick Baldwin, Assistant Planner
FORM "A"
1.
Name or description of project:
CUP 12 -18
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):
733 W. Naomi Avenue, Suite K (between Baldwin Avenue and Golden
West Avenue)
3.
Entity or person undertaking project:
A.
B. Other (Private)
(1) Name
1 Ms. Linda Han
(2) Address
12034 Lower Azusa Road, El Monte, CA
91732
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.
e. A/
The project is categorically exempt.
Applicable Exemption Class:
01
f. ❑
The project is statutorily exempt.
Applicable Exemption:
g. ❑
The project is otherwise exempt on
the following basis:
h. ❑
The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: 11/1/12
Preliminary Exemption Assessment
Staff: Nick Baldwin, Assistant Planner
FORM "A"
ore SUE MORENO
MUNICIPAL NICIPAL COMPLIANCE CONSULTING
MU
RADIUS MAPS - LAND USE - PLANS
OWNERSHIP / OCCUPANTS LIST
(626) 350-5944
PROJECT INFORMATION
733 W. NAOMI AVE #K.
ARCADIA, CA.
1')_071
nr•Alr A II An'
RESOLUTION NO. 1866
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 12 -18 FOR A 750 SQUARE -FOOT BEAUTY SALON AT 733 W.
NAOMI AVENUE, SUITE K.
WHEREAS, on October 2, 2012, a Conditional Use Permit application was filed
by Ms. Linda Han to re- locate an existing beauty salon business from Suite A to Suite K
within the same commercial building at 733 W. Naomi Avenue, Development Services
Department Case No. CUP 12 -18; and
WHEREAS, a public hearing was held by the Planning Commission on
November 13, 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 November 13, 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 beauty salon is consistent with the Zoning and General Plan
Land Use Designations of the site, and with the intended commercial use of the
property, 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. In the C -2, General Commercial Zones, a beauty
salon is categorized as a personal service business, which is allowed with an approved
Conditional Use Permit per Section 9275.1.53.2.1 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. Based on the proposal to re- locate the business to a different suite
within the same commercial building with adequate parking, adjustments are not
necessary to accommodate the proposed 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. The beauty salon will
not increase the traffic at this location, which fronts on West Naomi Avenue. This street
and Duarte Road provide access to the site, and are adequate for the type of traffic that
is to be generated by the beauty salon.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The proposed beauty salon 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 -18 to allow a 750 square -foot beauty salon in the
General Commercial (C -2) zone, subject to the following conditions:
1. There shall be no more than five (5) employees working at one time.
2. Business hours shall be from 10:00 a.m. to 7:00 p.m., Tuesday through
Sunday.
-2- 1866
3. Services shall be limited to manicures, pedicures, eyelash treatments,
waxing, and facials.
4. The use approved by CUP 12 -18 is limited to a beauty salon, which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 12 -18, 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 or properties.
5. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Community Development
Administrator, Fire Marshal, and Public Works Services Director. Any changes to the
existing facility may be subject to having fully detailed plans submitted for plan check
review and approval.
6. Noncompliance with the plans, provisions and conditions of approval for
CUP 12 -18 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the beauty salon.
7. 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
-3- 1866
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.
8. Approval of CUP 12 -18 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 , 2012.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
-4- 1866