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HomeMy WebLinkAbout1892 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. 5ekty),./L? Chairman, Planning Commission ATTEST: S ary APPROVED AS TO FORM: .Steph cfrVia--e . n P. Deitsch City Attorney -5- 1892 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. 1892 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 14th day of January, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chiao, Falzone and Beranek NOES: None ABSENT: Commissioner Parrille Secre of the Planning Commission