The URL can be used to link to this page

Home My WebLink About1918 RESOLUTION NO. 1918 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-11 AND ADMINISTRATIVE ARCHITECTURAL DESIGN REVIEW NO. ADMIN. ADR 14-63, WITH A CATEGORICAL EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE A DAY SPA WITH BEAUTY TREATMENTS AND INCIDENTAL MASSAGE AT 314 N. FIRST AVENUE WHEREAS, on July 9, 2014, Ms. Suhuei Sophie Chuang submitted an application for a Conditional Use Permit (CUP No. 14-11) for day spa with hair styling, manicures, pedicures, make-up application, permanent make-up application, facials/skin care, non-invasive laser treatments, and incidental massage at 314 N. First Avenue; and WHEREAS, on October 2, 2014, Planning Services completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine the project is exempt under CEQA. The project is exempt from further CEQA review under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the project has no potential to cause a significant effect on the environment because it is an existing facility with an expansion of less than 2,500 square feet per CEQA Section 15301, Class 1; and WHEREAS, on October 14, 2014, a duly noticed public hearing was held before the Planning Commission on said application, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the attached report is true and correct. SECTION 2. This Commission finds, based upon the entire record: a. 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 of vicinity. that is consistent with the Commercial Manufacturing (CM) Zoning and General Plan Land Use Designation of the site, and will not conflict with the other uses on site, or in the neighborhood. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the site is CM, Commercial Manufacturing, and Arcadia Municipal Code Section 9265.1 allows personal service businesses in the CM zone with an approved Conditional Use Permit. c. 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. FACT: The proposed day spa will occupy the existing commercial building and the space to be constructed by the proposed 180 square-foot addition to the building's rear. The existing parking area, walls, landscaping, and other exterior features will remain unchanged. The applicant/property owner will be required by conditions of approval to designate the access to the parking area off the alley to the north as exit only and to reconstruct the driveway to meet City and Americans with Disabilities Act (ADA) requirements. Also, the applicant/property owner will be required to add doors and a roof to the existing trash enclosure to make it compliant with City and Federal regulations. No further adjustments are needed to make the proposed use compatible with the land and uses in the neighborhood. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. Fact: The site is located along N. First Avenue with a secondary access point through a 20'-0"-wide alley to the north of the property that will be used only for exiting. This street and alley are adequate in width and pavement type to carry the traffic that will be generated by the proposed personal service business, and will not impact these streets. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. 2 FACT: Approval of a commercial use, such as the proposed day spa with beauty treatments and incidental massage, is consistent with the Commercial Land Use Designation of the site. The proposal will not adversely affect the comprehensive General Plan. f. The project is exempt from further CEQA review under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the project has no potential to cause a significant effect on the environment. FACT: That pursuant to the provisions of the California Environmental Quality Act (CEQA), an environmental assessment was completed and it was determined that the project is exempt pursuant to Section 15301(a) of the CEQA Guidelines, Class 1 which exempts interior alterations to existing structures. SECTION 3. That for the foregoing reasons the Planning Commission approves Conditional Use Permit (CUP No. 14-11), and is exempt per Section 15301(a) of CEQA the day spa at 314 N. First Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of October, 2014. hairman Planning Commission ATTEST: Secre ary APPROVED AS TO FORM: crttit1. , beite Stephen P. Deitsch City Attorney 3 RESOLUTION NO. 1918 Conditions of Approval • The applicant/property owner shall reconstruct the driveway approach on First Avenue to meet City and American with Disabilities Act (ADA) requirements prior to the issuance within 60 days after the adoption of Resolution 19-18. • The parking access on the alley to the north of the subject property shall be designated "exit only" through the use of signage, subject to the approval of the Community Development Administrator or designee within 60 days of the adoption of Resolution 1918. • The applicant/property owner shall add a roof trash enclosure to comply with National Pollution Discharge Elimination System (NPDES) regulations, subject to the approval of the Community Development Administrator or designee within 60 days of the adoption of Resolution 1918. • The use approved by CUP 14-11 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 14-11, 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. • 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 by the property owner/applicant 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. • Noncompliance with the plans, provisions and conditions of approval for CUP 14- 11 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the day spa. • 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 4 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. • Approval of CUP 14-11 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and 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. 5 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. 1918 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 14T" day of October, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chiao, Lin and Falzone NOES: None ABSENT: Commissioner Chan Secr z ry of the Planning Commission