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HomeMy WebLinkAbout1866RESOLUTION 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 7! 771/ day of ,&) ,E t4BE , , 2012. ATTEST: Th Secr -r , Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning c . mission -4- 1866 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1866 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 13th day of November, 2012 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Falzone, Parrille and Chiao NOES: None ABSENT: Commissioner Beranek Secretary of the Planning Commission