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HomeMy WebLinkAboutItem 3 OF Anc
r7,71-
STAFF REPORT
Development Services Department
DATE: October 14, 2014
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
SUBJECT: RESOLUTION NO. 1918 — APPROVING CONDITIONAL USE PERMIT
NO. 14-11 AND ADMINISTRATIVE ARCITECTURAL DESIGN REVIEW
NO. ADMIN-ADR 14-63 WITH A CATEGORICAL EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO
OPERATE A DAY SPA (DBA: LE SPA BY SOPHIE) WITH BEAUTY AND
MASSAGE TREATMENTS AT 314 N. FIRST AVENUE
Recommendation: Adopt Resolution No. 1918
SUMMARY
The applicant, Ms. Suhuei "Sophie" Chuang, is requesting approval of a Conditional
Use Permit and Architectural Design Review to add 180 square feet to the rear of the
existing 1,924 square-foot, commercial building, and operate a day spa with beauty and
massage treatments (dba: Le Spa by Sophie) at 314 N. First Avenue. It is
recommended that the Planning Commission approve the applications, subject to the
conditions listed in this staff report, and adopt Resolution No. 1918.
BACKGROUND
Le Spa by Sophie has been in business in Arcadia for eight years and is moving from its
current location at 56 E. Duarte Road inside the Arcadia Fitness Center. The spa
currently offers hair styling, manicures, pedicures, make-up application, permanent
make-up application, facials/skin care, and massage, which are services that will be
continued at the new location. The existing building at 314 N. First Avenue is single
story and there are 12 on-site parking spaces — refer to Attachment No. 2 for an Aerial
Photo with Zoning Information, and Attachment No. 3 for Photos of the Property and
Surrounding Properties.
PROPOSAL
The applicant is requesting approval of a Conditional Use Permit and Architectural
Design Review to add 180 square feet and occupy the subject building to operate a day
spa with beauty and massage treatments. The proposed business hours are from 9:00
a.m. to 9:00 p.m., Tuesday through Sunday. The proposed day spa is expected to have
up to seven full-time employees. The proposed floor plan (see Attachment No. 4 —
Architectural Plans), which includes two massage rooms, three facial rooms, two
saunas, two consultation rooms, three hair styling stations, two restrooms, a hair
washing room, an employee lounge, a waiting area, and a reception area. The make-
up application, manicures, and pedicures will be done at the hair stations. Laser
treatments will be performed in the consultation rooms. The 180 square-foot addition at
the rear, the addition of exterior lighting, and eventual signage are the only external
changes to the building that are anticipated.
ANALYSIS
A day spa is considered a personal service business and a Conditional Use Permit
(CUP) is required for personal service businesses in the Commercial Manufacturing
(CM) Zone per Arcadia Municipal Code Section 9265.1. The proposed day spa will
occupy a building that is currently vacant, but was previously occupied by an insurance
office. The applicant states that massage will be incidental to the operation. The City's
Code Enforcement officers were consulted regarding the status of the applicant's
current business at the Arcadia Fitness Center, and it was reported that her day spa has
no outstanding violations and has not had any Code compliance issues in the past.
The subject property has 12 parking spaces, which includes one van-accessible
handicap parking space. With the 180 square-foot addition, the total building size will
be 2,104 square feet. The parking requirement for a personal service business is five
(5) spaces per 1,000 square feet of gross floor area, which results in a parking
requirement of 11 parking spaces for this proposal. However, because this location is
within 1/4-mile of the new Gold Line Station, the parking requirement is reduced by
25%. Therefore, the parking requirement for this proposal is eight spaces, and there
will be a four space surplus.
The City Engineer reviewed the plans and determined that two changes to the parking
lot are necessary to improve on-site circulation. The first change is to designate the
access from the parking area to the alley as exit only. The second change is to
reconstruct the driveway approach on First Avenue to meet City and disability
requirements. These changes are included as conditions of approval.
The existing property has a trash enclosure at the rear of the property (see Attachment
No. 3 for Photos of the Property and Surrounding Properties), however this enclosure
does not have the required gates or roof. Gates on the enclosure are required by the
City's Zoning regulations and a roof is required by National Pollution Discharge
Elimination System (NPDES) regulations. Therefore, these improvements are required
and are conditions of approval. The applicant will also add lighting to the exterior of the
building to illuminate the parking lot. The proposed day spa is compatible with the
surrounding uses, and complies with the City's General Plan and Zoning Code.
The proposed addition will add 180 square feet to the rear of the building. While the
front façade has interesting details, the building is a basic concrete structure, and the
Resolution No. 1918 —CUP 14-11
314 N. First Ave.
October 14, 2014
Page 2 of 6
rear wall has plain commercial doors and windows and a simple awning — see
Attachment No. 3 for Photos of the Property. The proposed addition (see Attachment
No. 4 for the Architectural Plans) will match the existing structure, and is therefore
consistent with the City's commercial design guidelines.
FINDINGS
Conditional Use Permit
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.
The proposed use is a day spa providing beauty and massage treatments in
compliance with all applicable regulations, and will not be detrimental to the public
health or welfare, or the surrounding properties. A day spa is a retail business that
is consistent with the Commercial Manufacturing (CM) Zoning, and the
Commercial General Plan Land Use Designation of the site, and will not conflict
with the other uses in the neighborhood.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
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.
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 proposed day spa will add 180 square feet to the rear of the existing building,
and occupy the entire building. The existing parking area, walls, landscaping, and
other exterior features will be improved to meet current Code and safety
requirements so that the proposed use and site are compatible with the land and
uses in the neighborhood.
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. First Avenue with a secondary access through a 20'-0"
wide alley along the north side of the property. First Avenue is adequate in width
and pavement type to carry the traffic that will be generated by the proposed
Resolution No. 1918 —CUP 14-11
314 N. First Ave.
October 14, 2014
Page 3 of 6
personal service business, and having the alley available for exiting is an added
convenience. The proposed project will not impact First Avenue or any of the
nearby streets.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Approval of a commercial use, such as the proposed day spa with beauty and
massage treatments is consistent with the Commercial Land Use Designation of
the site. The proposal will not adversely affect the comprehensive General Plan.
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 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, or designees.
ENVIRONMENTAL ASSESSMENT
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(e) of the CEQA Guidelines. Refer to Attachment No. 5 for the Preliminary
Exemption Assessment.
PUBLIC NOTICE
Public hearing notices for this item were mailed to the property owners and tenants of
those properties that are located within 300 feet of the subject property on October 2,
2014 — refer to Attachment No. 6 for the radius map.
RECOMMENDATION
It is recommended that the Planning Commission conditionally approve the project and
exempt it per CEQA Section 15301(e), by adopting Resolution 1918, which includes the
following conditions of approval:
1. The applicant/property owner shall reconstruct the driveway approach on First
Avenue to meet City and disability requirements to the satisfaction of the City
Engineer, or designee as part of the addition and prior to the issuance of a business
license for the day spa.
2. The access from the parking area to the alley along the north side of the subject
property shall be designated "EXIT ONLY" through the use of signage, subject to
Resolution No. 1918—CUP 14-11
314 N. First Ave.
October 14, 2014
Page 4 of 6
the approval of the City Engineer or designee as part of the addition, and prior to
the issuance of a business license for the day spa.
3. The applicant/property owner shall add solid metal gates and a roof to the trash
enclosure to comply with National Pollution Discharge Elimination System (NPDES)
regulations, subject to the approval of the Community Development Administrator
or designee as part of the addition, and prior to the issuance of a business license
for the day spa.
4. The use approved by CUP 14-11 is limited to a day spa with the personal services
stated for this application (beauty and massage treatments), 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.
5. 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.
6. 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.
7. 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.
8. 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.
Resolution No. 1918 —CUP 14-11
314 N. First Ave.
October 14, 2014
Page 5 of 6
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 14-11 and Architectural Design
Review No. Admin-ADR 14-63, stating that the proposal satisfies the requisite findings,
and adopt the attached Resolution No. 1918 that incorporates the requisite
environmental, Conditional Use Permit, and architectural design findings, and the
conditions of approval as presented in this staff report, or as 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 14-11 and/or the Architectural
Design Review, 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 October 14, 2014 hearing, please contact Assistant
Planner, Nick Baldwin at (626) 574-5444, or nbaldwin @ArcadiaCA.gov.
Approved:
(
Jim sama
Co munity Development Administrator
Attachment No. 1: Resolution No. 1918
Attachment No. 2: Aerial Photo with Zoning Information
Attachment No. 3: Photos of the Property and Surrounding Properties
Attachment No. 4: Architectural Plans
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 6: 300-foot Radius Map
Resolution No. 1918 —CUP 14-11
314 N. First Ave.
October 14, 2014
Page 6 of 6
Attachment
No . 1
Resolution No. 1918
Attachment No. 1
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 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
TO OPERATE A DAY SPA WITH BEAUTY AND MASSAGE
TREATMENTS AT 314 N. FIRST AVENUE
WHEREAS, on July 9, 2014, Ms. Suhuei Sophie Chuang submitted Conditional
Use Permit Application No. CUP No. 14-11 with an Administrative Architectural Design
Review for a 180 square-foot addition to operate a day spa with hair styling, manicures,
pedicures, make-up application, permanent make-up application, facials/skin care, non-
invasive laser treatments, and massage treatments 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) under Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) and
recommends that the Planning Commission determine the project is exempt from
further CEQA review because the project has no potential to cause any significant effect
on the environment, qualifies as a Class 1 Exemption per Section 15301(e) of the
CEQA Guidelines for additions to an existing facility of less than 2,500 square feet; and
WHEREAS, on October 14, 2014, a duly noticed public hearing was held before
the Planning Commission on said applications, 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, 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 or
vicinity.
FACT: The proposed use is a day spa providing beauty and massage
treatments in compliance with all applicable regulations, and will not be detrimental to
the public health or welfare, or the surrounding properties. A day spa is a retail business
that is consistent with the Commercial Manufacturing (CM) Zoning, and the Commercial
General Plan Land Use Designation of the site, and will not conflict with the other uses
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 add 180 square feet to the rear of the
existing building, and occupy the entire building. The existing parking area, walls,
landscaping, and other exterior features will be improved to meet current Code and
safety requirements so that the proposed use and site are 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 along the north side of the property. First Avenue is
adequate in width and pavement type to carry the traffic that will be generated by the
proposed personal service business, and having the alley available for exiting is an
added convenience. The proposed project will not impact First Avenue of any nearby
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 and massage treatments, 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 any 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 will not cause any significant effect on the environment, and is exempt
pursuant to Section 15301(e) of the CEQA Guidelines, which exempts additions of less
than 2,500 square feet to existing structures.
SECTION 3. That for the foregoing reasons the Planning Commission
approves Conditional Use Permit No. CUP No. 14-11, and the Architectural Design
Review for a 180 square-foot addition to operate a 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.
Chairman, Planning Commission
ATTEST:
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
3
RESOLUTION NO. 1918
Conditions of Approval
1. The applicant/property owner shall reconstruct the driveway approach on First
Avenue to meet City and disability requirements to the satisfaction of the City.
Engineer, or designee as part of the addition and prior to the issuance of a business
license for the day spa.
2. The access from the parking area to the alley along the north side of the subject
property shall be designated "EXIT ONLY" through the use of signage, subject to
the approval of the City Engineer or designee as part of the addition, and prior to
the issuance of a business license for the day spa.
3. The applicant/property owner shall add solid metal gates and a roof to the trash
enclosure to comply with National Pollution Discharge Elimination System (NPDES)
regulations, subject to the approval of the Community Development Administrator
or designee as part of the addition, and prior to the issuance of a business license
for the day spa.
4. The use approved by CUP 14-11 is limited to a day spa with the personal services
stated for this application (beauty and massage treatments), 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.
5. 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.
6. 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.
7. 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
4
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.
8. 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
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i!I • • Attachment No. 2 —Aerial Photo with Zoning Information
Site Address: 314 N 1ST AVE
Prooertv Owner(s): KERUM,IVAN AND NEDA
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This map is a user generated static output from an Internet mapping site and is for Report generated 02-Oct-2014
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Aerial Photo with Zoning Information —Attachment No. 2
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Attachment
No . 3
Photos of Property and Surrounding
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Architectural Plans-Attachment No.4
Attachment No. 5
:000744 o,
fit ___ PRELIMINARY EXEMPTION ASSESSMENT intim
(Certificate of Determination When Attached to Notice of Exemption)
0ua1[Y.f nu
1. Name or description of project: A 180 square-foot addition the rear of the existing 1,924
square-foot, one-story commercial building and Conditional Use
Permit No. CUP 14-11 to operate a day spa with massage and
beauty treatments
2. Project Location—Identify street 314 N. First Avenue (between E. St. Joseph Street and La
address and cross streets or Porte Street)
attach 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 i Ms. Suhuei "Sophie" Chuang
(2) Address 56 E. Duarte Rd.
I Arcadia, CA 91006
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: 15301 (e) (Class 1, Existing Facilities)
f. ❑ The project is statutorily exempt.
Applicable Exemption:
g. ❑ The project is otherwise
exempt on the following basis: j
h. ❑ The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: October 2, 2014 Staff: Nick Baldwin, Assistant Planner
FORM "A"— Preliminary Exemption Assessment
Attachment No. 5
Attachment No. 6 — 300-foot Radius Map
I.ernices re SUE MORENO PROJECT INFORMATION ,N
(626)350-5944
moreservices@sbc4obaI.net 314 N. FIRST AVE.
OWNERSHIP RADIUS MAPS!LAND U�PLANS ARCADIA,CA. 4
MUNICIPAL COMPLIANCE CONSULTING
12106 LAMBERT AVE.EL MONTE,CA 91732•FAX(626)350-1532 14-226 SCALE 1"- 150'
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300-foot Radius Map —Attachment No. 6