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HomeMy WebLinkAboutItem 2 ' Of ARC oAtiirokv41'9 � vIrporNMA A�cua 3.tVUI unity of STAFF REPORT Development Services Department DATE: January 14, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Jordan Chamberlin, Assistant Planner SUBJECT: RESOLUTION NO. 1892 —CONDITIONAL USE PERMIT NO. CUP 13-14 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO EXPAND THE EXISTING 1,427 SQUARE FOOT MEDICAL SPA INTO THE ADJACENT UNIT FOR A PROPOSED AREA OF 2,652 SQUARE FEET LOCATED AT 1004 & 1008 N. SANTA ANITA AVENUE (D.B.A.: LA BELLA LASER & SLIMMING) Recommended Actions: Find that this project qualifies as a Class 1 Categorical Exemption from CEQA, approve Conditional Use Permit No. CUP 13-14, and adopt Resolution No. 1892. SUMMARY The applicant is requesting approval of a Conditional Use Permit to expand the existing 1,427 square foot medical spa into the adjacent unit for a proposed area of 2,652 square feet located at 1004 & 1008 N. Santa Anita Avenue (D.B.A.: La Bella Laser & Slimming) — 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 13-14, subject to the conditions listed in this staff report, and adopt the attached Resolution No. 1892. BACKGROUND APPLICANT: Ms. Sarah Chan, Managing Director of La Bella Laser & Slimming LOCATION: 1004 & 1008 N. Santa Anita Avenue REQUEST: A Conditional Use Permit to expand the existing 1,427 square foot medical spa into the adjacent unit for a proposed area of 2,652 square feet located at 1004 & 1008 N. Santa Anita Avenue (d.b.a.: La Bella Laser & Slimming) SITE AREA: 31,327 square feet (0.72 acre) FRONTAGE: 182 feet along N. Santa Anita Avenue EXISTING LAND USE & ZONING: The site is developed with an 8,700 square foot, single story commercial building that was built in 1959. The subject business currently occupies 1,427 square feet of the building. The remaining 7,273 square feet is divided into five units occupied by the following businesses: Santa Anita Wine and Spirits, Hair Connection Hair Salon, a Goodwill Bookstore and Donation Center, a Dilbeck Real Estate Office, and one unit, formally Carob Tree Health Food Store, is vacant. The site is zoned C-2, General Commercial. SURROUNDING LAND USES & ZONING: North: Two-Story Dilbeck Real Estate Office and a One-Story Commercial Building, zoned C-2 South: Four-unit Multiple-Family Development, zoned R-3; and a Single-Family Residence zoned R-1 East: Two-Story Office Building, zoned C-2 West: Single-Story Multi-Tenant Commercial Building, zoned C-2 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 request is for a Conditional Use Permit to expand the existing 1,427 square foot medical spa into the adjacent unit for a proposed area of 2,652 square feet located at 1004 and 1008 N. Santa Anita Avenue (D.B.A.: La Bella Laser & Slimming). The applicant, Ms. Sarah Chan, is the Managing Director of La Bella Laser & Slimming which opened at 1004 N. Santa Anita Avenue in 2010. The current business hours are from 9:00 a.m. to 9:00 p.m. Monday through Friday, and 9:00 a.m. to 6:00 p.m. Saturday and Sunday. The expansion of the medical spa will not change the business hours. The spa currently offers non-invasive body slimming, skin resurfacing, facials, massages, laser hair removal, and dermal fillers. Because La Bella Laser & Slimming is proposing to expand their facility, a Conditional Use Permit is required. The medical spa's current facility has six treatment rooms (four for facials and massages and two for injections and laser procedures) a waiting and reception area, a bathroom, and a laundry/storage room. With the proposed expansion into the adjacent CUP 13-14 1004 & 1008 N. Santa Anita Avenue January 14, 2014—Page 2 of 7 unit of 1008 N. Santa Anita Avenue, previously Carob Tree Health Food Store, two new treatment rooms, a consultation room, office, and additional lobby will be added. The existing bathroom and employee break room will remain — see the attached floor plan. The applicant states that the expansion will create a more comfortable environment for the employees since they do not currently have an employee break room or office. Also the new consultation room will allow their clients to discuss their esthetic needs in private. There is parking at the front and rear of the building with a total of 42 parking spaces. The parking is accessible from Santa Anita Avenue and E. Foothill Boulevard via a neighboring commercial building's parking lot. The expansion of the medical spa will not change the parking requirement, and therefore a Parking Modification is not required as part of this application. The existing parking lot is severely worn and lacks sufficient striping. While these are property maintenance matters, it is recommended as a condition of approval that the owner resurface and restripe the parking lot prior to the issuance of a Certificate of Occupancy. The parking lot should be restriped to match the existing parking lot with the exception of updating the ADA parking spaces to meet current requirements. There are existing window signs at 1004 N. Santa Anita Avenue that do not comply with the City's current sign regulations. It is recommended as a condition of approval that the window signs be removed or the appropriate City approvals obtained by the applicant prior to the issuance of a Certificate of Occupancy. Staff also recommends as a condition of approval that prior to the issuance of a Certificate of Occupancy, the existing wall sign for Carob Tree Health Food Store at 1008 N. Santa Anita Avenue, be removed and the wall repaired and/or repainted so that any damage and/or discoloration is not noticeable from the surrounding pedestrian and vehicular access ways. 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 medical 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. CUP 13-14 1004 & 1008 N. Santa Anita Avenue January 14, 2014— Page 3 of 7 Facts to Support the Finding: In the C-2, General Commercial Zone, a medical spa is allowed as a personal service business with an approved Conditional Use Permit per Section 9275.1.36 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 applicant intends to expand the existing 1,427 square foot medical spa into the adjacent unit for a proposed area of 2,652 square feet. The medical spa proposes to maintain a similar capacity as the previous occupant. The property features parking, lighting, and other improvements typical of commercial developments. With the proposed conditions of approval, the existing parking lot will be properly surfaced and striped, and compliant with ADA accessibility requirements. The expansion of the medical spa will not require any additional 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. Facts to Support the Finding: The site is located along N. Santa Anita Avenue, which is adequate to carry the traffic expected to be 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 medical 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. CUP 13-14 1004 & 1008 N. Santa Anita Avenue January 14, 2014—Page 4 of 7 PUBLIC NOTICE/COMMENTS Public hearing notices for CUP 13-14 were mailed on January 2, 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 January 9, 2014, 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 13-14, subject to the following conditions: 1. The business hours shall be limited to 9:00 a.m. to 9:00 p.m., Monday through Friday; and 9:00 a.m. to 6:00 p.m., Saturday and Sunday. 2. The window signs located at 1004 N. Santa Anita Avenue shall be removed or the appropriate City approvals for window signage obtained prior to the issuance of a Certificate of Occupancy. 3. The existing wall sign for 1008 N. Santa Anita Avenue shall be removed and the wall repaired and/or repainted so that any damage and/or discoloration is not noticeable from the surrounding pedestrian and vehicular access ways prior to the issuance of a Certificate of Occupancy. 4. The owner shall resurface and restripe the parking lot prior to the issuance of a Certificate of Occupancy. The parking lot shall be restriped to match the existing parking configuration with the exception of updating the ADA parking spaces to meet current requirements. 5. The use approved by CUP 13-14 is limited to a medical 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 13-14, 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. 6. 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. CUP 13-14 1004 & 1008 N. Santa Anita Avenue January 14, 2014— Page 5 of 7 7. Noncompliance with the plans, provisions and conditions of approval for CUP 13-14 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the medical spa. 8. 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. 9. Approval of CUP 13-14 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 13-14 and adopt the attached Resolution No. 1892 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 13-14; 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 January 14, 2014 hearing, please contact Assistant Planner, Jordan Chamberlin at (626) 821-4334, or jchamberlin@ci.arcadia.ca.us. CUP 13-14 1004 & 1008 N. Santa Anita Avenue January 14, 2014 —Page 6 of 7 Approved: Jim ama Co unity 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. 1892 CUP 13-14 1004 & 1008 N. Santa Anita Avenue January 14, 2014— Page 7 of 7 •• t is Site Address: 1000 NORTH SANTA ANITA AVENUE Property Owner(s): LEE,HELEN R � s+:"' ys. rya .v9}w '2` T�,} b{.s „ 4r of i�,-.'t r: �* t , ? ° ' c" ti t y YF z� , = a=+�.< ne a xxrw.+mw:a.csma+be i+d, m y[ wa.... ,».,.b.,--r e-.: .✓tya rr,v. ,dF ,I � ° 1� k i #* „fit i f i SO los Property Characteristics Selected parcel highlighted 0 3 �'`rll� B�itB°si ° al rll ; Zoning: C-2 ��.��.m...r g,em•Bga General Plan: C O. ��e 1111111i111 Es airs Lot Area ft): 31,327 IMIIINI1/1�� sass a. ®.„ ` ®�a. Main Structure/ Unit(sq.ft.): 8,700 ==11��'�� I Year Built: 1959 ■::11111111111111 .. �, ® 1li11111 111!1!1 Number of Units: 1 e illllillllll r 1111/111 lflnlil 4.alum irlsToolllll ., !1lliTlll , to°a= 111!111 /lllliltiti4til11Ui1 i 11111111111 rp 1® 1111111 Overlays ®®uulw1®11 : ° .� V6 1111111 Parking Overlay: n/a �® \ ®11111 Downtown Overlay: n/a 4:1'4;4, V "°® 11`4I y *VA :�.�0 11111.. :'■A 1!1111 Special Height Overlay: n/a `C _ `, I 11111111111 '°� HIE 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 21-Oct-2013 reference only. Data layers that appear on this map may or may not be accurate,current, Page 1 of 1 or otherwise reliable. ° 7 ;''').';'-;0;„,:,,4,..s"...,, ,.,,,," �^� A r ' ,I ; + c 4 t m + '404', ,Fj $ppp '' '' .,,, ��rte'� e1� q a"�.� ' ' '�c- '$ #„�;�+v 3c"�+e V>. t .-- ' . ' tea" °". a b v " q PI X v View of existing and proposed medical spa location at 1004-1008 N. Santa Anita Avenue E j x �a 3 j2 ww.y a „ "„,,,,.,;,,,,,,5-. `g pg ' n�ga ,.,„t ”°•.4 '` . F c' y .:e,. .',- J' 4P ! .P':i, -...t..Fs^.a ... ... .,u p..a �..u .-s . .� w View of the subject property looking northeast. _rr I '�� "" r" v. d•TS Y.u. ' u View of the subject property's rear parking lot looking south . . ri ... ,, . , 7 :. , ,,,, ,,,..„ ,_.., ..„ . r. . .,..... „ tr, . .:.. "' .°fit ..t.� , : , 1 i View of the neighboring property to the north at 8 E. Foothill Boulevard NINIi , "zR View of the single-story commercial building to the northeast at 12 E. Foothill Boulevard , kt t Y J .fir o # .sy' x _ q *it 2 ,� `*w x 44 View of the single-family property to the southwest at 920 N. Santa Anita Avenue 5 s- t 4 r> x ti 2 s.y r i'•rxn f '+ ,5 �m w ] Y ,fir , ' •'4 �' k„l f., - N x:fA �' k' Yq 1 k � £ , . � x f r ( 8.. s,C ttt , 9 �R : ' s kuirki , e i View of the 4-unit multi-family property to the south at 920 N. Santa Anita Avenue taken from E. Floral Ave. '— - 'u, '::id's.n. � :<' ,r, �, ht ' t - rt "t r u ''t'' t b ^ v "� ' .. ..,;:ii.;:-4,10f.,,,,.. Y ti .t. � y .1, . View of the single-family residence to the southwest at 923 N.Santa Anita Avenue ,jam & Y_ .t aye } a k . 0 t .41V ik 1 1 l r !1 1 F ` d A 4: MrF" B9ws. i H View of the commercial property to the west at 1001 N.Santa Anita Avenue ..� r ,k * 1$ 1' :12 ,', j e — — ' tp '"fit ilit t . �� ¢` C r ' sue. . y; so. .F y i / 1 ,,. , 7 , , j ,/ _ I s I View of the commercial property to the northwest at 4 W. 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I CITY OF ARCADIA 240 W.HUNTINGTON DRIVE Ro° ARCADIA,CA 91007 e•aas et Ae PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No.CUP 13-14 to expand the existing 1,427 square foot medical spa(La Bella Laser&Slimming)into the adjacent unit for a proposed area of 2,652 square feet. 2. Project Location—Identify street 1004&1008 N. Santa Anita Avenue,Arcadia,CA 91006 address and cross streets or attach a (cross streets:East Foothill Boulevard&East Floral 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 Sarah Chan (2) Address 1004 N.Santa Anita Avenue,Arcadia,CA 91006 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: January 7,2014 Staff: Jordan Chamberlin,Assistant Planner Preliminary Exemption Assessment\2011 FORM"A" 11 mere ; ; PROJECT INFORMATION dr OWNERSHIP I OCCUPANTS LIST 1008 N. SANTA ANITA,AVE. 4 lip, MUN�IC�PALCOMPLVWCESCONSU TING ARCADIA, CA. 12106 LAMBERT AVE.EL MONTE,CA 91732-FAX(626)350.1532 13-499 SCALE 1"= 150' 1:Li .n U‘.1 GL11. c 2 Mt i 7G ti 0 a 2 I 2 1 gh O t.r i7Q_Op r 1 S �1 �� r r 24 t.• f rJ es PM 109 60 8�k °-�.-- .8. If4-3? a 35 a � Q 70Q N c i ri' • di I o 36 Ellilgol •38 a m ® I a O go,� (IN [7 'rte 01 70 Ar. �� rst.is. 6 r 1%�` .II IA FOOTFI'LL s $ r t w T 7. < so. 65 iu.sr O/ as.a 5175 /06 75 10 so rzeL (D' +, r 0 d0lb a� as 1 I,: ®Q Y O " p Q ®=1p , N ® 0 0 O} .e. 2.3.5 M v4r ® n -4 ti POr. a i a 0' I 2 .25 36 37r.rr Q ''. 1 ORAL $ AV!` k' �� rl/J t»n /00 �,e ® t�4 MIME S - 34 -• '. .. AVE:� �.� nit ° ~ " 3 c0' c 7 a 9 TO II FLY F rs 14 ' u �, now KM= _ � 13 ® . 10 �9 IR r>> �� rt/ (try J�J 2 +^ ti, to he 1 fa 4 ro �s 7 28 27 � sFWRAL .t: f p 60 r.w 211 a.. r . 40 in 1 1 J 11.' r, il 51, 30 tiaa1L3 11111111111111111:11 L'1.60: la • o kg,Cyl . II i we: S $ ' C) i)•�O 7 $ 4C R� M 4. �, ow use i '� Boa' , E. . w dit ' r� 4 nS± , FOREST !� 1.4`.1 Y 2\� I-- !!o _— .n r- ■�■■1rri. 1 asketsr 0,1 24.it ' i 8. } RESOLUTION NO. 1892 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 13-14 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO EXPAND THE EXISTING 1,427 SQUARE FOOT MEDICAL SPA INTO THE ADJACENT UNIT FOR A PROPOSED AREA OF 2,652 SQUARE FEET LOCATED AT 1004 & 1008 N. SANTA ANITA AVENUE (D.B.A.: LA BELLA LASER & SLIMMING) WHEREAS, on October 8, 2013 an application was filed by Sarah Chan for a Conditional Use Permit to expand the existing 1,427 square foot medical spa into the adjacent unit for a proposed area of 2,652 square feet located at 1004 and 1008 N. Santa Anita Avenue, Development Services Department Case No. CUP 13-14; 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 January 14, 2014, 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 January 14, 2014 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 medical 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 C-2, General Commercial Zones, a medical spa is allowed as a personal service business with an approved Conditional Use Permit per Section 9275.1.36 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 medical spa proposes to maintain a similar capacity as the previous occupant. The property features parking, lighting, and other improvements typical of commercial developments. With the proposed conditions of approval, the existing parking lot will be compliant with ADA accessibility requirements. The expansion of the medical spa will not require any additional 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 N. Santa Anita Avenue, which is adequate to carry the traffic expected to be generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A medical spa is a commercial use that is consistent with the Commercial General Plan Land Use Designation of the site. -2- 1892 SECTION 3 That for the foregoing reasons this Commission approves Conditional Use Permit No. CUP 13-16, subject to the following conditions: 1. The business hours shall be limited to 9:00 a.m. to 9:00 p.m., Monday through Friday; and 9:00 a.m. to 6:00 p.m. Saturday and Sunday. 2. The window signs located at 1004 N. Santa Anita Avenue shall be removed or the appropriate City approvals for window signage obtained prior to the issuance of a Certificate of Occupancy. 3. The existing wall sign for 1008 N. Santa Anita Avenue shall be removed and the wall repaired and/or repainted so that the damage and/or discoloration is not noticeable from the surrounding pedestrian and vehicular access ways prior to the issuance of a Certificate of Occupancy. 4. The owner shall resurface and restripe the parking lot prior to the issuance of a Certificate of Occupancy. The parking lot is to be restriped to match the existing parking configuration with the exception of updating the ADA parking spaces to meet current requirements. 5. The use approved by CUP 13-14 is limited to a medical 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 13-14, 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. -3- 1892 6. 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. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 13-14 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the day spa. 8. 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. -4- 1892 9. Approval of CUP 13-14 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. Passed, approved and adopted this 14th day of January, 2014. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Steph n P. Deitsch City Attorney -5- 1892