HomeMy WebLinkAbout1890 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
QUARE-FOOT DAY SPA AT 26 — 28 E. HUNTIINGTONXDRIVE (D.B.A.:
SQUARE-FOOT
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.
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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.
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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:
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Secre
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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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. 1890 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 10th day of
December, 2013, and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Chiao, Falzone and Beranek
NOES: None
ABSENT: Commissioner Parrille
Secreta ' the Planning Commission