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HomeMy WebLinkAboutItem 2 S. F POi 1 ,
CO 11 V
Arry.t S.19Y3
ua�ry°tom° STAFF REPORT
Development Services Department
DATE: December 10, 2013
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Associate Planner
SUBJECT: RESOLUTION NO. 1890 — CONDITIONAL USE PERMIT NO. CUP 13-16
WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) TO ADD CHIROPRACTIC
TREATMENT SERVICES TO AN EXISTING 6,093 SQUARE-FOOT DAY
SPA AT 26 —28 E. HUNTINGTON DRIVE (D.B.A.: SPA XANADU)
Recommended Actions: Find that this project qualifies as a Class 1
Categorical Exemption from CEQA, approve Conditional Use Permit No.
CUP 13-16, and adopt Resolution No. 1890.
SUMMARY
The applicant is requesting approval of a Conditional Use Permit to add chiropractic
treatment services to an existing 6,093 square-foot day spa at 26 — 28 E. Huntington
Drive (d.b.a.: Spa Xanadu) — see the attached aerial photo, photos of the site, and
proposed plans. It is recommended that the Planning Commission find that this project
qualifies as a Class 1 Categorical Exemption from the California Environmental Quality
Act (CEQA), approve CUP 13-16, subject to the conditions listed in this staff report, and
adopt the attached Resolution No. 1890.
BACKGROUND
APPLICANT: Mr. Hank Kan, Owner of Spa Xanadu
LOCATION: 26 —28 E. Huntington Drive
REQUEST: A Conditional Use Permit to add chiropractic treatment services to an
existing 6,093 square-foot day spa at 26 — 28 E. Huntington Drive
(d.b.a.: Spa Xanadu)
SITE AREA: 14,600 square feet (0.33 acre)
FRONTAGES: 100 feet along E. Huntington Drive and 100 feet along a rear alley
EXISTING LAND USE & ZONING:
The site is developed with two interconnected commercial buildings totaling
8,550 square feet. The site was consolidated into one lot by a covenant in 2008.
The subject business occupies 6,093 square feet of the two buildings. The
remaining 2,457 square feet is divided into two retail units; one is occupied by a
jeweler and the other unit is currently vacant. The site is zoned CBD, Central
Business District
SURROUNDING LAND USES & ZONING:
North: Dental Office, zoned CBD
South: Four-unit Multiple-Family Development, zoned R-3
East: Hair Salon, zoned CBD
West: Medical Office, zoned CBD
GENERAL PLAN DESIGNATION:
Commercial with a Downtown Overlay (1.0 FAR) — This 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, specialty shops, indoor
and outdoor recreational facilities, and entertainment uses. Adjacent to
Downtown, the Commercial designation is intended to encourage small-scale
office and neighborhood-serving commercial uses that complement development
in the Downtown Mixed Use areas.
DISCUSSION
The request is for a Conditional Use Permit to add chiropractic treatment services to an
existing 6,093 square-foot day spa at 26 — 28 E. Huntington Drive (d.b.a.: Spa Xanadu).
The applicant, Mr. Hank Kan, is the owner of Spa Xanadu as well as the owner of the
two lots at 26 & 28 E. Huntington Drive. Spa Xanadu opened at 26 E. Huntington Drive
in 2002. In 2008, the business expanded into the adjacent unit at 28 E. Huntington
Drive. The current business hours are from 9:00 a.m. to 8:00 p.m., seven days a week,
and the addition of chiropractic services will not change the business hours. In 2010,
the City began requiring Conditional Use Permits to establish, expand, or alter a
personal service business. The spa currently offers facial, body wrap, body scrub,
massage, nail services, and hair services. Because Spa Xanadu is proposing to add
chiropractic treatment to their list of services, a Conditional Use Permit is now required.
Chiropractic treatment will be provided in the front, west portion of the day spa at 26 E.
. Huntington Drive in two treatment rooms — see the attached floor plan. The remainder
of the day spa services will remain as currently provided. The applicant states that
chiropractic treatment is commonly offered in many day spas, including an industry
leader, such as Burke Williams.
CUP 13-16
26— 28 E. Huntington Drive
December 10, 2013—Page 2 of 6
There are two parking lots at the rear of the buildings with a total of 24 parking spaces.
Both parking lots comply with current ADA accessibility requirements. The addition of
chiropractic treatment will not change the parking requirement for the day spa, and
therefore a Parking Modification is not required as part of this application.
There is an existing equipment enclosure at the back of the building at 26 E. Huntington
Drive that is discolored, and there are some additional discolorations on the rear wall of
this building. While these are property maintenance matters, it is recommended as a
condition of approval that the enclosure and the discolored wall be painted by the owner
prior to approval of any chiropractic business license for the subject day spa.
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.
Facts to Support the Finding: The project will not be detrimental in any way to the
public health or the surrounding area. A day spa is consistent with the Commercial
Zoning and General Plan Land Use Designations of the site and will not conflict with
the other existing uses at the site, or in the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
Facts to Support the Finding: In the CBD, Central Business District Zones, a day
spa is allowed as a personal service business with an approved Conditional Use
Permit per Section 9264.2.9 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.
Facts to Support the Finding: The day spa currently occupies 6,093 square feet
of the two existing buildings on the site. The property features parking, landscaping,
and other improvements typical of commercial developments. The existing parking is
compliant with ADA accessibility requirements. The addition of chiropractic treatment
will not require any adjustments to the site.
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.
CUP 13-16
26—28 E. Huntington Drive
December 10, 2013—Page 3 of 6
Facts to Support the Finding: The site is located along E. Huntington Drive and
the parking is accessed from a rear alley. This street and alley are adequate to carry
the type of retail traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Facts to Support the Finding: A day spa is a commercial use that is consistent
with the Commercial General Plan Land Use Designation of the site.
The proposed project, with the recommended conditions of approval will satisfy each
prerequisite condition, and 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, or their
respective designees. Any changes to the existing facility may be subject to building
permits after having fully detailed plans submitted for plan check review and approval.
ENVIRONMENTAL ANALYSIS
If it is determined that no significant physical alterations to the site are necessary, then
this project, as an existing facility, qualifies as a Class 1 Categorical Exemption per the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301
of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff
report. It is recommended that the Planning Commission find that this project is exempt
from CEQA.
PUBLIC NOTICE/COMMENTS
Public hearing notices for CUP 13-16 were mailed on November 27, 2013 to the property
owners, tenants, and occupants of those properties that are 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. As of December 6, 2013,
no comments were received in response to the public hearing notices.
RECOMMENDATION
It is recommended that the Planning Commission approve Conditional Use Permit No.
CUP 13-16, subject to the following conditions:
1. The property owner shall paint the discolored equipment enclosure and building
wall at the rear of the building at 26 E. Huntington Drive to match the rest of the rear
building wall prior to the approval of any chiropractic business license for the
subject day spa.
2. The business hours shall be limited to 9:00 a.m. to 8:00 p.m., daily.
CUP 13-16
26— 28 E. Huntington Drive
December 10, 2013— Page 4 of 6
3. The use approved by CUP 13-16 is limited to a day spa with the personal services
stated for this application, which shall be operated and maintained in a manner that
is consistent with the proposal and plans submitted and approved for CUP 13-16,
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 adjacent streets, rights-of-way, and/or the neighboring businesses
and properties.
4. 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, or their respective
designees. Any changes to the existing facility may be subject to building permits
after having fully detailed plans submitted for plan check review and approval by the
aforementioned City officials and employees.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 13-16
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the day spa.
6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to
any approval or conditional 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 officials, officers,
employees, and agents in the defense of the matter.
7. Approval of CUP 13-16 shall not take effect until the applicant and property
owner(s) have executed and filed an Acceptance Form with 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 13-16 and adopt the attached
CUP 13-16
26 —28 E. Huntington Drive
December 10, 2013—Page 5 of 6
Resolution No. 1890 that incorporates the requisite environmental and Conditional Use
Permit findings and the conditions of approval as may be modified by the Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should move
to deny Conditional Use Permit Application No. CUP 13-16; 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 December 10, 2013 hearing, please contact Associate
Planner, Tim Schwehr at (626) 574-5422, or tschwehr( ci.arcadia.ca.us.
Approved:
Jim ama
Co munity Development Administrator
Attachments: Aerial Photo with Zoning Information
Photos of the Subject Property and Surrounding Properties
Site Plan and Floor Plan
Preliminary Exemption Assessment
300-foot Radius Map
Resolution No. 1890
CUP 13-16
26—28 E. Huntington Drive
December 10, 2013—Page 6 of 6
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Site Address: 26-28 EAST HUNTINGTON DRIVE
Property Owner(s): KAN,DONNA AND HANK
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STEAM SAUNA CONDITIONAL USE PERMIT
ROOM APPLICATION
UPDATED 11/25/13
h4 1.141.! CITY OF ARCADIA
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PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Conditional Use Permit Application No.CUP 13-16 to add chiropractic
treatment services to an existing 6,093 square foot day spa.
2. Project Location—Identify street 26-28 E.Huntington Drive,Arcadia,CA 91006
address and cross streets or attach a (cross streets: Santa Anita Avenue&First Avenue)
map showing project site(preferably a
USGS 15' or 7 1/2'topographical map
identified by quadrangle name):
3. Entity or person undertaking project: A.
B. Other(Private)
(1) Name Hank Kan
(2) Address
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. ® The project is categorically exempt.
Applicable Exemption Class: Section 15301
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: November 26,2013 Staff: Tim Schwehr,Associate Planner
Preliminary Exemption Assessment\2011 FORM"A"
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RESOLUTION NO. 1890
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 13-16 WITH A CATEGORICAL EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ADD
CHIROPRACTIC TREATMENT SERVICES TO AN EXISTING 6,093
SQUARE-FOOT DAY SPA AT 26 — 28 E. HUNTINGTON DRIVE (D.B.A.:
SPA XANADU)
WHEREAS, on October 21, 2013 an application was filed by Hank Kan for a
Conditional Use Permit to add chiropractic treatment services to an existing 6,093
square-foot, day spa at 26 — 28 E. Huntington Drive, Development Services Department
Case No. CUP 13-16; and
WHEREAS, an environmental assessment was conducted and it was determined
that the proposed project meets the categorical exemption criteria under Article 19 of
the California Environmental Quality Act (CEQA), Categorical Exemptions Section
15301 of the CEQA Guidelines; and
WHEREAS, a public hearing was held by the Planning Commission on
December 10, 2013, 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 December 10, 2013 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 project will not be detrimental in any way to the public health or the
surrounding area. A day spa is consistent with the Commercial Zoning and General
Plan Land Use Designations of the site and will not conflict with the other existing uses
at the site, or in the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. In the CBD, Central Business District Zones, a
day spa is allowed as a personal service business with an approved Conditional Use
Permit per Section 9264.2.9 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. The day spa currently occupies 6,093 square feet of the two existing
buildings on the site. The property features parking, landscaping, and other
improvements typical of commercial developments. The existing parking is compliant
with ADA accessibility requirements. The addition of chiropractic treatment will not
require any adjustments to the site.
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 site is located along
E. Huntington Drive and the parking is accessed from a rear alley. This street and alley
are adequate to carry the type of retail traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. A day spa is a commercial use that is consistent with the
Commercial General Plan Land Use Designation of the site.
-2- 1890
SECTION 3. That for the foregoing reasons this Commission approves
Conditional Use Permit No. CUP 13-16, subject to the following conditions:
1. The property owner shall paint the discolored equipment enclosure and
building wall at the rear of the building at 26 E. Huntington Drive to match the rest of the
rear building wall prior to the approval of any chiropractic business license for the
subject day spa.
2. The business hours shall be limited to 9:00 a.m. to 8:00 p.m., daily.
3. The use approved by CUP 13-16 is limited to a day spa with the personal
services stated for this application, which shall be operated and maintained in a manner
that is consistent with the proposal and plans submitted and approved for CUP 13-16,
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 adjacent streets, rights-of-way, and/or the neighboring businesses and
properties.
4. 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, or their respective
designees. Any changes to the existing facility may be subject to building permits after
having fully detailed plans submitted for plan check review and approval by the
aforementioned City officials and employees.
-3- 1890
5. Noncompliance with the plans, provisions and conditions of approval for
CUP 13-16 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the day spa.
6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to any
approval or conditional 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 officials, officers, employees, and agents in the defense of the matter.
7. Approval of CUP 13-16 shall not take effect until the applicant and property
owner(s) have executed and filed an Acceptance Form with 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.
(SIGNATURES ON NEXT PAGE)
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Passed, approved and adopted this 10th day of December, 2013.
Chairman, Planning Commission
ATTEST:
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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