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HomeMy WebLinkAbout1900 RESOLUTION NO. 1900 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING 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 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: Secre a APPROVED AS TO FORM: ctf,w,„, P. ik Stephen P. Deitsch City Attorney -5- 1900 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1900 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 11th day of March, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Falzone, Parrille and Beranek NOES: None ABSENT: Commissioner Chiao cy Secre of the Planning Commission