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HomeMy WebLinkAboutItem 1 DPOx_"lq'�i C~ ,.�, 117 Mix!, 44.1-7 71", eoa a+uaicy oils STAFF REPORT Development Services Department DATE: March 11, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: RESOLUTION NO. 1900 — CONDITIONAL USE PERMIT NO. CUP 13-19 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE A 1,200 SQUARE-FOOT NAIL SALON AT 202 E. LIVE OAK AVENUE (DBA: NICELY NAILS) Recommended Action: Find that this project qualifies as a Class 1 Categorical Exemption from CEQA, approve Conditional Use Permit No. CUP 13-19, and adopt Resolution No. 1900 SUMMARY The applicant is requesting approval of a Conditional Use Permit to operate a 1,200 square-foot nail salon at 202 E. Live Oak Avenue (dba: Nicely Nails) — 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 13-19, subject to the conditions listed in this staff report, and adopt the attached Resolution No. 1900. BACKGROUND APPLICANT: Ms. Ngoc Hien Thi Le, Business Owner LOCATION: 202 E. Live Oak Avenue REQUEST: A Conditional Use Permit to operate a 1,200 square-foot nail salon at 202 E. Live Oak Avenue (dba: Nicely Nails) SITE AREA: 20,160 square feet (0.46 acre) FRONTAGE: 140 feet along E. Live Oak Avenue 145 feet along Tyler Avenue EXISTING LAND USE & ZONING: The site is developed with a 5,658 square-foot, single-story commercial building that was built in 1985, and a monopole cellular antenna tower erected in 1991. The subject business will occupy a 1,200 square-foot unit of the building. The remaining 4,458 square feet is divided into three units occupied by the following uses: A 7-Eleven convenience store, A-1 Cleaners, and an AT&T wireless communications equipment room. The site is zoned MU, Mixed Use. SURROUNDING LAND USES & ZONING: North: Vacant Land —zoned C-1 South: Commercial Retail Center Parking Lot— zoned MU East: Commercial Retail Center (anchored by Albertsons) —zoned MU West: Fast Food Restaurant (Jack in the Box) — zoned MU GENERAL PLAN DESIGNATION: MU — Mixed Use (Maximum 1.0 Commercial Floor-to-Area Ratio) The Mixed Use designation provides opportunities for commercial and residential mixed-use development that takes advantage of easy access to transit and proximity to employment centers, and that provide complementary mixes of uses that support and encourage pedestrian activity. Mixed-use districts support commercial uses that integrate well with residential activity without creating conflicts. Development approaches encourage shared use of parking areas and public open spaces, pedestrian movement, and interaction of uses within a mixed-use district. Design approaches should minimize or limit curb cuts/driveways at the front of the development when rear or side egress options are available. DISCUSSION The subject 1,200 square-foot commercial unit at 202 E. Live Oak Avenue was previously occupied by a nail salon until its business license expired on March 31, 2012, and has remained vacant since that date. The applicant is requesting a Conditional Use Permit to occupy the subject unit and resume its use as a nail salon (dba: Nicely Nails). The proposed business hours are from 9:30 a.m. to 7:00 p.m. Monday through Saturday, and 10:00 a.m. to 4:00 p.m. on Sundays. The applicant will maintain the existing floor plan, which consists of six (6) manicure stations, four (4) pedicure stations, a lunch room, a laundry room, a storage room, and a restroom. Only manicure and pedicure services will be offered. A Conditional Use Permit is required for this nail salon because the previous nail salon was established prior to the requirement for Conditional Use Permits for personal service businesses, and that legal-nonconforming status expired because the use had been discontinued for over 90 days. There are 30 on-site parking spaces that are accessed from two driveways on Tyler Avenue and a driveway on Live Oak Avenue - see the attached site plan. Based on the uses on the subject property, a total of 29 on-site parking spaces are required per Code. CUP 13-19 202 E. Live Oak Avenue March 11, 2014— Page 2 of 6 The parking requirement for nail salons (5/1,000 gsf) has not changed. Therefore,Modification is not required as part of this application. a The existing parking lot striping has substantially faded. Although this is a ro e maintenance matter, it is recommended as a condition of approval p p rty p owner/applicant restripe the parking lot to comply with Code requirements prior rto the issuance of a Certificate of Occupancy or a City Business License. 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 proposed use is to be operated as a nail salon providing only manicures and pedicures. This use will not be detrimental to the public health or welfare, or the surrounding personal service business that is consistent with the Mixed Use Zoning and General Plan Land Use Designations of the site, and will not conflict with the other uses on 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 MU, Mixed Use Zone, a nail salon is allowed as a personal service business with an approved Conditional Use Permit per Section 9268.10 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, other features required to adjust said fences, use with the and landscaping, the neighborhood. uses in the Facts to Support the Finding: The applicant intends to occupy a 1,200 square- foot commercial unit that was previously occupied by a nail salon. The proposed nail salon will maintain the same floor plan and operate at a similar capacity as the previous occupant. The property features parking, lighting, and other improvements typical of commercial developments. The proposed nail salon will not require any to the site. y 4. That the site abuts streets and highways adequate in width and pavement t e to carry the kind of traffic generated by the proposed use. type CUP 13-19 202 E. Live Oak Avenue March 11, 2014— Page 3 of 6 Facts to Support the Finding: The site is located at the corner of Tyler Avenue and Live Oak Avenue, which are 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 nail salon is a commercial use that is consistent with the Mixed Use 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 13-19 were mailed on February 28, 2014 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 Canifarloca Enelwspaperal Quality Act (6, 2014,tno public hearing notice was not published comments were received in response to the public hearing notices. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 13-19, subject to the following conditions: 1. The business hours shall be limited to 9:30 a.m. to 7:00 p.m., Monday through Saturday; and 10:00 a.m. to 4:00 p.m. on Sundays. 2. The property owner/applicant shall restripe the parking lot to comply with Code requirements prior to the issuance of a Certificate of Occupancy or a City Business License for the subject nail salon. CUP 13-19 202 E. Live Oak Avenue March 11, 2014— Page 4 of 6 3. The use approved by CUP 13-19 is limited to a nail salon with manicure and pedicure services only. This nail salon shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 13-19, 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, or designees. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 13-19 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the nail salon. 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 13-19 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner/applicant has executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION A roval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. CUP 13-19 and adopt the attached CUP 13-19 202 E. Live Oak Avenue March 11, 2014— Page 5 of 6 Resolution No. 1900 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 13-19, state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the March 11, 2014 hearing, please contact Associate Planner, Thomas Li at (626) 574-5447, or tli @ci.arcadia.ca.us. Approved: Jim ama C 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. 1900 CUP 13-19 202 E. Live Oak Avenue March 11, 2014— Page 6 of 6 f (i, h7 r ri Site Address: 202 E LIVE OAK AVE Property Owner(s): CHOI,KWANG 7 AND SOOK I TR CHOI FAMILY TRUST � ,y- ate,. a :r i Y ' a ; q .y4 yyy ,..tee.n..t X14 ` P A . i c _' A l 4:::: , fir % 6 *t,w. +.aw �'2 �y� 1 +r olig � k � l 'MIS .:M t 11 . . , tt,,,e, II ° I i , t I 1 ' " k 1 i 0 s, N .. P y :.ri,,n,t, a, 't''' n. '4 ':R:+IY ,'. t Property Characteristics Selected parcel highlighted Elie �i g. s;= �: =—•i 7 fL'77,':�� �_ Elie,mom ■• � raw � �� VW Elm Zoning: MU ■ima mom mom �. DI �� !r■ r\w .�� ••�0. 1 •°' 111■ aw •ZEN� ■. General Plan: MU :r. �. .W•, „11111 m►�11itt ' war l�7R79!/!i� � rim SW �� m war • iiiiii iii i�'�• — -r -- -IIIk uIU mu Lot Area (sq ft): 20,160 m al nu"we: ■r, =� mm� ism arm.,,,.... *� R\rte == — � _ : „„ ��:f�rr�r>!. �1f rim' Main Structure/ Unit(sq.ft.): 5,658 == +i�= =� m� �i.,'�, , Year Built: 1985 . �� E.. ■ r Ra ,, � ' \\ � Number of Units: 4 ,,.•})�vo. -,„”`f' Overlays �11111U11111U11Wiliti = Cp _- :-.3.== w= m� ,�.. 2r A per.- �. ..� rr U11iii Uiitiiinti -- :n == r•" . . —.. C.. ..- �= a.+• .pall rpall Parking Overlay: n/a • tBIBIUt11 R= ^ _.–.� •.. �� ° _I_ �� +� + ;Downtown Overlay: n/a "' ,�'air Special Height Overlay: n/a �`,0�,�� � � Architectural Design Overlay: n/a Parcel location within City of Arcadia "i col; This map is a user generated static output from an Internet mapping site and is for Report generated 05-Mar-2014 reference only. Data layers that appear on this map may or may not be accurate,current, Page 1 of 1 or otherwise reliable. CUP 13-19 202 E. 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HUNTINGTON DRIVE ,44.4..,,.(16°�; e ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 13-19 to operate a 1,200-square-foot nail salon. 2. Project Location—Identify street 202 E. Live Oak Avenue, Arcadia, CA 91006 address and cross streets or attach (cross streets: Live Oak Avenue &Tyler Avenue) a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking A. project: B. Other(Private) (1) Name Ms. Ngoc Hien Thi Le (2) Address 12375 Felipe Street, El Monte, CA 91733 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. 1 Applicable Exemption: I 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: 6' Date: February 24, 2014 Staff: Thomas Li, Associate Planner Preliminary Exemption Assessment FORM"A" ;sere SUE MORENO PROJECT INFORMATION ::::77D (626)350-5944 OWNERSHIP/OCCUPANTS LIST 202 E. LIVE OAK AVE. RADIUS MAPS-LAND USE•PLANS MUNICIPAL COMPLIANCE CONSULTING ARCADIA, CA. 12106 LAMBERTAVE.EL MONTE,CA 91732-FAx(626)350.1532 13-454 SCALE 1"= 150' • mar"�I 1 ! Q C 1 18 A,y+ "a, r12 ° ® obi 1 4 ,>i �! 'star« O • *4='r 09 k 1 ': O if R ,9 7+ p 3 * w sao.s.. 1 4 • r tQ• �a ,a i 8 188.>Z dv ,p1 11' 1 I 78.._ k 1 1r�'' p0f' 170.1 i gpr✓/a • N 00.00.151 Q g�� N.O A.r,6o-, LIVE OAK -—--—a-i i VE 9AVc&__ —-- A':c .8— o 1.„,0 AVE.pV -- -y l,zao •.•.-ot VE • v0 PI �,.« $ �- >.st Zvi-l1- A �I OA I. 13623'is as P M 2M >° $ 11 7 I > O 1 �s . 1 10 tl 4 , ?° 80.95 i t t °p • w,a 29 : CO CO F • 735 IS s m 117 . 'R F 3, 15 (-41) A : 2O ,g l N .r LYNROS N �- 0 CC CC E • • s• s r• • L %LYHROSE ST. • +© n 'ROSE a'° •Afaibrob O. g .07.7p ' sl.l6 gyK b 38 G • m �° ; - 3. o® a O Ca• . ... �y 0 n u® 8V _ a X•p9 e2 g Lu C • • G to k.y;7pANES ° co a F- a p® . • tl© . A • ® , NE WOOD ' t,� ° O , +•A7 OR. c �O V u •� co b • co RESOLUTION NO. 1900 A RESOLUTION OF THE PLANNING COMMISSION THE PERMIT MIT ARCADIA, CALIFORNIA, APPROVING CONDITIO NAL NO. CUP 13-19 WITH A CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE A 1,200 SQUARE-FOOT NAIL SALON AT 202 EAST LIVE OAK AVENUE (DBA: NICELY NAILS) WHEREAS, on November 27, 2013 an application was filed by Ms. Ngoc Hien Thi Le for a Conditional Use Permit to operate a nail salon at 202 E. Live Oak Avenue, Development Services Department Case No. CUP 13-19; 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 March 11, 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 March 11, 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 proposed use is to be operated as a nail salon providing only manicures and pedicures. This use will not be detrimental to the public health or welfare, or the surrounding properties. A nail salon is a retail personal service business that is consistent with the Mixed Use Zoning and General Plan Land Use Designations of the site, and will not conflict with the other uses on 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 MU, Mixed Use Zone, a nail salon is allowed as a personal service business with an approved Conditional Use Permit per Section 9268.10 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 applicant intends to occupy a 1,200 square-foot commercial retail unit that was previously occupied by a nail salon. The proposed nail salon will maintain the same floor plan and operate at a similar capacity as the previous occupant. The property features parking, lighting, and other improvements typical of commercial developments. The proposed nail salon 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 at the corner of Tyler Avenue and Live Oak Avenue, which are 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 nail salon is a commercial use that is consistent with the Mixed Use General Plan Land Use Designation of the site. -2- 1900 SECTION 3. That for the foregoing reasons this Commission approves Conditional Use Permit No. CUP 13-19, subject to the following conditions: 1. The business hours shall be limited to 9:30 a.m. to 7:00 p.m., Monday through Saturday; and 10:00 a.m. to 4:00 p.m. on Sundays. 2. The property owner/applicant shall restripe the parking lot to comply with Code requirements prior to the issuance of a Certificate of Occupancy or a City Business License for the subject nail salon. 3. The use approved by CUP 13-19 is limited to a nail salon with manicure and pedicure services only. This nail salon shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 13-19, 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, or designees. -3- 1900 5. Noncompliance with the plans, provisions and conditions of approval for CUP 13-19 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the nail salon. 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 13-19 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of this Resolution, the property owner/applicant has executed and filed with the Community Development Administrator an Acceptance Form available from 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- 1900 Passed, approved and adopted this 11th day of March, 2014. Chairman, Planning Commission ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -5- 1900