HomeMy WebLinkAbout1919 RESOLUTION NO. 1919
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 14-14 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO OPERATE
A NAIL SALON WITH FACIALS AND WAXING AT 411 E. HUNTINGTON
DRIVE, #118
WHEREAS, on August 15, 2014, Mr. Phuong M. Le submitted Conditional Use
Permit Application No. CUP 14-14 for a nail salon (manicures and pedicures) with
facials and waxing at 411 E. Huntington Drive, #118 (the "Project"); and
WHEREAS, on October 1, 2014, Planning Services completed an environmental
assessment for the Project in accordance with the California Environmental Quality Act
(CEQA), and recommended that the Planning Commission determine the Project is
exempt under CEQA per 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, and because the Project is an existing facility with only interior alterations
per CEQA Guidelines 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 staff report dated October 14, 2014 are 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.
FACT: The proposed use is to be operated as a nail salon providing
manicures, pedicures, facials, and waxing. 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 Commercial Planned Development — 1 (CPD-1)
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 CPD-1, Commercial Planned Development —
1, and Arcadia Municipal Code Section 9260.1.12 allows personal service businesses in
the CPD-1 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 project site is located within the Arcadia Landmark Center
shopping center. The proposed nail salon will occupy a 1,121 square-foot commercial
unit that was previously occupied by another retail use. No exterior changes are
proposed for the use. There is an existing parking deficiency by Code requirements on
the site of 88 spaces, but there is more than adequate parking for the various uses at
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this center, and because the previous use and proposed use both have the same
parking requirement, the proposed use will not increase the deficiency. The property
features, lighting, landscaping, and other improvements adequate for this commercial
development. The proposed nail salon will not require any adjustments to the site.
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 E. Huntington Drive with access to the
shopping center parking lot from E. Huntington Drive and Gateway Drive. These streets
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.
FACT: Approval of a commercial use, such as the proposed nail salon with
facials and waxing is consistent with the Commercial Land Use Designation of the site.
The proposal will not adversely affect the comprehensive General Plan.
f. Provided a project has no potential to cause a significant effect on the
environment, it is eligible to be exempt from further CEQA review under Section
15061(b)(3) of the CEQA Guidelines (Review for Exemption).
FACT: Pursuant to the provisions of the California Environmental Quality Act
(CEQA), an environmental assessment was completed and it was determined that the
Project has no potential to cause a significant effect on the environment and is exempt
pursuant to Section 15301(a) of the CEQA Guidelines, Class 1, which exempts interior
alterations to existing structures.
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SECTION 3. For the foregoing reasons the Planning Commission approves
Conditional Use Permit No. CUP 14-14, and determines that the Project is Categorically
Exempt per Section 15301(a) of the CEQA Guidelines, for a nail salon at 411 E.
Huntington Drive, #118, 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.
l-1
Chairman,
tanning Commission
ATTEST:
411,1
Se = ary
APPROVED AS TO FORM:
ErYX - C). btitZe
Stephen P. Deitsch
City Attorney
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RESOLUTION NO. 1919
Conditions of Approval
1. The use approved by CUP 14-14 is limited to a nail salon with the personal services
stated for this application (manicures, pedicures, facials, and waxing) which shall be
operated and maintained in a manner that is consistent with the proposal and plans
submitted and approved for CUP 14-14, 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.
2. 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. The changes to the existing facility are
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials.
3. Noncompliance with the plans, provisions and conditions of approval for CUP 14-14
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the nail salon.
4. 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
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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.
5. Approval of CUP 14-14 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and
applicant have 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.
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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. 1919 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
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
Secre • of the Planning Commission
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 14-04 shall not be of effect unless on or before 30 calendar days
after Planning Commission adoption of the Resolution, the property owner and
applicant have 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.
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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. 1925 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 12TH day of
November, 2014, and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Chan, Chiao and Falzone
NOES: Commissioners Baerg and Lin
./
Sec - ary of the Planning Commission