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ry�nftY°`�° STAFF REPORT
Development Services Department
DATE: October 14, 2014
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Jordan Chamberlin, Assistant Planner
SUBJECT: RESOLUTION NO. 1919 — 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
Recommendation: Adopt Resolution No. 1919
SUMMARY
The applicant, Mr. Phuong M. Le, is requesting approval of a Conditional Use Permit to
operate a 1,121 square-foot nail salon (manicures and pedicures) with facials and
waxing at 411 E. Huntington Drive, #118 that was previously occupied by a cosmetic
and skincare retailer. It is recommended that the Planning Commission approve CUP
14-14, subject to the conditions listed in this staff report, and adopt the attached
Resolution No. 1919.
BACKGROUND
The subject commercial unit at 411 E. Huntington Drive, #118, is located in the Arcadia
Landmark Center, a three-story, 61,800 square-foot commercial center with retail and
restaurants on the ground floor, and offices on the second and third floors. The center
has a total of 424 on-site parking spaces; 171 surface parking spaces and 253 spaces
in a three-level parking structure — refer to Attachment No. 3 for an Aerial Photo with
Zoning Information and Photos of the Subject and Surrounding Properties. The subject
unit is located on the ground floor at the northwesterly end of the three-story commercial
building — see Attachment No. 4 for the Site Plan and Floor Plans.
PROPOSAL
The applicant is requesting a Conditional Use Permit to occupy the subject unit to
operate a nail salon with facials and waxing. The proposed business hours are from
9:30 a.m. to 7:00 p.m., daily. It is expected that there will be five employees. The
proposed floor plan will include five (5) nail stations, six (6) pedicure stations, two (2)
facial rooms, a restroom, a waiting area, and storage and display areas (refer to
Attachment No. 4 for the Site Plan and Floor Plans). Except for signage, no external
changes to the building are anticipated.
A Conditional Use Permit (CUP) is required for personal service businesses in the
Commercial Planned Development — 1 (CPD-1) zone per Arcadia Municipal Code
Section 9260.1.12. The CUP requirement for personal service businesses is imposed
to regulate massage activities, which by State law cannot be discriminated from other
personal service businesses. The proposed nail salon will not provide massage.
ANALYSIS
The proposed nail salon will occupy a unit that is currently vacant, but was previously
occupied by a cosmetic and skincare retailer. The CUP requirement for all personal
service businesses was adopted in response to State law that requires massage to be
treated in the same manner as all other personal service businesses. Therefore, all
personal service businesses are subject to a CUP in order that massage businesses
can be regulated to some extent.
The subject commercial center has a current parking deficiency of 88 spaces; 424
spaces in lieu of 512 required. Since a personal service business has the same parking
requirement as the previous retail use at the subject unit; five (5) spaces per 1,000
square feet of gross floor area, a Parking Modification is not required for this application.
The proposed nail salon is compatible with the surrounding uses, and complies with the
City's General Plan and Zoning Code.
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.
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 of 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.
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 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.
Resolution No. 1919 —CUP 14-14
411 E. Huntington Drive, #118
October 14, 2014 — Page 2 of 5
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 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 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.
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 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.
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 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.
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.
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(a) of the CEQA Guidelines. Refer to Attachment No. 2 for the Preliminary
Exemption Assessment.
Resolution No. 1919—CUP 14-14
411 E. Huntington Drive, #118
October 14, 2014— Page 3 of 5
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 3,
2014 — refer to Attachment No. 5 for the radius map.
RECOMMENDATION
It is recommended that the Planning Commission conditionally approve the project and
exempt it per CEQA Section 15301(a), by adopting Resolution 1919, which includes the
following 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
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
Resolution No. 1919 —CUP 14-14
411 E. Huntington Drive, #118
October 14, 2014— Page 4 of 5
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.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
move to approve Conditional Use Permit No. CUP 14-14, stating that the proposal
satisfies the requisite findings, and adopt the attached Resolution No. 1919 that
incorporates the requisite environmental and Conditional Use Permit 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 14-14, 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, Jordan Chamberlin at (626) 821-4334, or JChamberlin @ArcadiaCA.gov.
Approved:
Jim sama
Community Development Administrator
Attachment No. 1: Resolution No. 1919
Attachment No. 2: Preliminary Exemption Assessment
Attachment No. 3: Aerial Photo with Zoning Information and Photos of Surrounding
Properties
Attachment No. 4: Site Plan and Floor Plans
Attachment No. 5: 300-foot Radius Map
Resolution No. 1919—CUP 14-14
411 E. Huntington Drive, #118
October 14, 2014— Page 5 of 5
Attachment 1
Resolution No. 1919
Attachment No. 1
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
2
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.
3
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.
Chairman, Planning Commission
ATTEST:
Secretary
APPROVED AS TO FORM:
c-p4Wtet, 4)--ar441
Stephen P. Deitsch
City Attorney
4
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
5
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.
6
Attachment No. 2
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Conditional Use Permit No. CUP 14-14 to allow a 1,121 square-
foot nail salon (manicures and pedicures—dba: Empress Nail &
Salon)with facials and waxing at
2. Project Location—Identify street 411 E. Huntington Drive, #118 (between Gateway Drive and S. 5th
address and cross streets or attach 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 Mr. Phuong M. Le
(2) Address ' 8223 Artson Street
Rosemead, CA 91770
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 (Class 1, Use Of An Existing Facility)
f. ❑ The project is statutorily exempt.
Applicable Exemption:
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:
Date: October 1, 2014 Staff: Jordan Chamberlin, Assistant Planner
FORM "A"— Preliminary Exemption Assessment
Attachment No. 2
Attachment No . 3
Aerial Photo with Zoning Information and
Photos of Surrounding Properties
Attachment No. 3
1,i
Site Address: 411 E HUNTINGTON DR
Property Owner(s): ARCADIA LANDMARK
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Attachment No . 4
Site Plan and Floor Plans
Attachment No. 4
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Attachment No. 5 PROJECT INFORMATION
300-foot Radius Map /
411 E. HUNTINGTON DR. 4
ARCADIA, CA.
// 14-371 SCALE IN=200'
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\s - V ,n"'�a'" ar>r, 300-foot Radius Map