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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 6 406 "® f f: Site Address: 26-28 EAST HUNTINGTON DRIVE Property Owner(s): KAN,DONNA AND HANK lNENIIIIIMIsssomosIssm 'H. �' ' , - ,: , 4 4 4 4 4*# yyo�u yy� g . r ,� xa` t*' , , ., "' . y ;i gg. i ° £ ., 4, re-4 -'' °. ,";...4,,,,,,.., i . 4 9 *1 aL_IIII • , # Y Property Selected parcel highlighted 0 perly';Characteristics �� Zoning: CBD 1...777w ..s ! e ,,, a,wra r,,., /1 a. cII7 7'l� f� General Plan: C 1.0 a...,31.,•L� .�. ' " ' Lot Areas(sq ft): 14,600 IU 1,►s��" ,�,, f f,t/� j',, /%.%„.,,4: Main Structures/ Unit(sq.ft.): 8,550 `III1t111t j/frfs''''iii "'';., ',. `/ Year Built: 1949 Number of Units: 3 ,: ;,:s• Overlays -- - Parking Overlay: n/a Downtown Overlay: Downtown Overlay ;z "" "" 1 Special Height Overlay: n/a � ' Architectural Design Overlay: n/a Parcel location within City of Arcadia" This map is a user generated static output from an Internet mapping site and is for Report generated 04-Dec-2013 reference only. Data layers that appear on this map may or may not be accurate,current, Page 1 of 1 or otherwise reliable. ` t � 1, '� s+3 'y' "jj�3gs + A s'�' n xis 't 4`. _N,;,,,,,,...,:ii.,..,v,,s, 7.1 c.,,,,,0104,4,.,,,,iyi,Tv;:., ,„ . - ,, -,,,. .. -:, . , ..., .,, ,,:,.., = , fie' \Ift,,,`"-40i1gr + 4k4,` ` o, R , 4 ',hi f -14;4' ,s, r t } .. , ., , , ,.. r i I - ' SUBJECT PROPERTY-26 E. Huntington Drive „. ...,,,,,ii;',. ..,,,;,‘„,, i $r y .�,; :. _. ' ,. k. ..,,,w-,'-,.-. SUBJECT PROPERTY-28 E. Huntington Drive , x t 'Yf - �a�Y p 5x SC. 4"4K '/fiF 'e i� i_ •‘0,4 r ,. � �. �,a.w �41' •tar 'Y { } °`0i - �*;�: p.^ • _ X n~'�!1'+v'..� 1y l! 11...x♦ ir} xx' Y 5. • ADJACENT PROPERTY TO THE WEST a ADJACENT PROPERTY TO THE EAST r .41,4 �'s ;m jr , . qt" 47<` ADJACENT PROPERTY TO THE NORTH 4}Lyl e . .a" • ,='a".1,: gTii., '. F . .' `' +It fi pit . '#`s?. W, 101111M,24:!t%''.-..'s'',' t ' ., ''..",r p ,,,, I' 'I ,' '' ,,,, , Iu 4 $PA MNMA QU 4 ,i fiiiiiiiii w;s , 1 .a. i SUBJECT PROPERTY—Rear Parking Lot at 26 E. Huntington Drive ,l' .„;7 x :' '" a,r s ,,,,,^!a,h a-;� es k".3GSa ---c:-._ f r As. * % r 4 s,,r,inaau n 11 I r*4.-'lIPIIIIIIllir4441441!—::':'‘;(17 ,..74 ;;;;:t . !: , itlarkaMiral . SUBJECT PROPERTY—Rear Parking Lots at 26&28 E. Huntington Drive int'd PARA,uePlsePed smmans Rom .0t,DNII.SIX3 '\ ..1 31 WAll I WA 00001 ■ a EL Ch B a § w . n. cn cc • 2 c3 5 in ...1 if 1 4c,_ 09 CC D 0 2 1 1 SZ k . MI i.::. ::. ' ‘ ," '• •.*/"..,44.': 1 IMMAVORMM. h,, 1110t- .4. ... :.: ..: . . .:: I iiii.41NOr or- ,. ... w •.•1 Q. •.• • cn w ...•---.-----* * 6.•, 44% < r.5 c.7 ,-- ---''---. . 1:: x ..•- < z •:. o., 2 R z .--------------j' .•. UJ .:. w 1 "..........„....„..../k.,,,,......,,,„ I I — . A311V ONIISDc3 SPA XANADU (HDK INTERNATIONAL DBA SPA XANADU) a� 26 E.HUNTINGTON DRIVE 28 E HUNTINGTON DRIVE I FRONT FRONT I ENTRANCE RETAILS ENTRANCE 1 OFFICE RETAILS RETAILS RETAILS RETAILS RETAILS it I FRONT DESK CHIROPACTIC I MANICURE CONSULTATION TABLE HAIR ROOM STATION CHIROPACTIC -1 MANICURE 1 FACIAL WAX ROOM TABLE 1 ROOM FACIAL HAIR L ROOM STATION PEDICURE RELAXING SPA CHAIR AREA I 1 Vichy shower I WHIRLPOOL j I FACIAL I ROOM PEDICURE HAIR L SPA CHAIR STATION SHOWER PEDICURE MASSAGE FACIAL ROOM SPA CHAIR SAUNA STEAM HAIR S ROOM STATION Hydro Tub PEDICURE SPA CHAIR I` FACIAL STORAGE ROOM ROOM I I I I WOMEN REST SPA LOCKER ROOM HAIR FACILITY I I — MEN WASH STAIR SPA LOCKER FACILITY I LINEN CLOSET Vichy shower ROOM I — STORAGE BREAK UTILITY SHOWER ROOM BREAK CLOSET ROOM REST I Vichy shower ROOM REST ROOM LAUNDRY STEAM ROOM I REAR ENTRANCE REAR ENTRANCE SECOND FLOOR WEST SECOND FLOOR EAST I MASSAGE MASSAGE ROOM ROOM RELAXING AREA LINEN CLOSET f CLOS I — SP LOCKER LOCKER FACILITY STAIRS MASSAGE MASSAGE SHOWER BATHROOM ROOM ROOM STEAM SAUNA CONDITIONAL USE PERMIT ROOM APPLICATION UPDATED 11/25/13 h4 1.141.! CITY OF ARCADIA ""i ® r 240 W.HUNTINGTON DRIVE �� j ARCADIA,CA 91007 �aalti 00 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" I �� re SIEMORENO PROJECT INFORMATION ( ) O 4 WNERSHIP/OCCUPANTS LIST 26 E. HUNTINGTON DR. MUNICIPAL CIPAL MAPS MPLIANCE CONSULTING PLANS NG ARCADIAN CA. 12106 LAMBERTAVE.EL MONTE,CA 91732-FAX(626)350.1532 13-393 SCALE 1"- 150' cRV 9r•/9 7 8 9 r�.a.'9.•�rTsw.. �; ��' ° lo 3 Ij it 12 - -� e it PL s ._ e% I ill 00.30 394.91 tie '° e0 00 e c$ v WHEELER �.�s AVE A:VE ,5 !3I.tf7 I0o• it.,. 314.4 a 5C !so $0 !..o [is) `� f ' 4' M* P.M. 2 �O►� I I PNI. 6565 �,.i sr o w 6 76//8 ° 31 30 28 �7 4 s °© I P,�.8. 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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) -4- 1890 Passed, approved and adopted this 10th day of December, 2013. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -5- 1890