HomeMy WebLinkAboutItem 1 - CUP 14-22DATE: May 26, 2015
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Assistant Planner
SUBJECT: RESOLUTION NO. 1938 – APPROVING CONDITIONAL USE PERMIT
NO. 14-22 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND
THE EXISTING CONDITIONAL USE PERMIT (CUP 10-18) WHICH IS
FOR A 1,579 SQUARE-FOOT DAY SPA (DBA: RAINBOW SPA) AT 70
AND 72 W. LIVE OAK AVENUE TO REDUCE THE SIZE OF THE
BUSINESS TO 869 SQUARE FEET AT 70 W. LIVE OAK AVENUE AND
LIMIT THE SERVICES TO MASSAGE
Recommendation: Adopt Resolution No. 1938
SUMMARY
The applicant, Ms. Xiu Qiu Chen, is
requesting to amend the existing
Conditional Use Permit (CUP 10-18,
Resolution No. 1832 – attached) to reduce
the services offered at her existing day
spa from hair, facial, and massage to
massage only, and to reduce the size of
the business from 1,579 square feet to
869 square feet. An aerial photo and floor
plan are attached. It is recommended that
the Planning Commission adopt the
attached Resolution No. 1938 to approve
CUP 14-22, subject to the conditions
listed in this staff report.
BACKGROUND
The subject property is developed with
two, one-story buildings that have a
combined total of 2,448 square feet. The
front building has two, 869 square-foot
units. The space at 68 W. Live Oak
Proposed Floor Plan
Resolution No. 1938 – CUP 14-22
70 W. Live Oak Avenue
May 26, 2015 – Page 2 of 7
Avenue is occupied by a tattoo parlor, and the other unit at 70 W. Live Oak Avenue was
the front portion of the 1,579 square-foot day spa (dba: Rainbow Spa). Behind this
building is a 710 square-foot building with the address 72 W. Live Oak Avenue. At the
rear of the property is a parking lot – refer to Attachment No. 2 for an Aerial Photo with
Zoning Information, and Attachment No. 3 for Photos of the Subject Property and
Surrounding Properties.
Rainbow Spa opened in March, 2010 at 70 W. Live Oak Avenue with two employees
and offered hair, nails, facials, and incidental massage services. The applicant was
granted CUP 10-18 on March 22, 2011, to expand the business into the rear building at
72 W. Live Oak Avenue. In November of 2013, Rainbow Spa vacated the building at 72
W. Live Oak Avenue and consolidated the business to 70 W. Live Oak Avenue.
The reduction of the size of the business does not require an amendment to its CUP.
However, the applicant is requesting to amend the services offered to massage only.
Under CUP 10-18 (Resolution No. 1832 – see Attachment No. 5) the massage services
were required to be incidental. New State legislation (AB 1147 – effective January 1,
2015) precludes the limiting of massage services as an incidental service, provided the
massage technicians are certified by the California Massage Therapy Council
(CAMTC). It is under these provisions that the applicant is requesting approval of CUP
14-22. The new legislation also allows local governments to require CUPs for massage
businesses, and this request is an expansion of the massage services, and therefore,
subject to a CUP.
In 2011, a non-conforming parking lot
configuration was approved with CUP 10-18.
Between 2011 and 2014, the parking lot had
been re-striped to a configuration that was not
acceptable, and the property owner received a
Notice of Violation from Code Services. The
property owner responded by re-striping the
parking lot, however, it was not to the
configuration that was approved by CUP 10-18
(see Attachment No. 3 – Photos of the Property
and Surrounding Properties). A condition of
approval is included to re-stripe the parking lot to
the configuration approved by CUP 10-18.
PROPOSAL
The applicant is requesting to amend the existing
CUP to modify her business from a day spa that
offers a variety of beauty services, to an 869
square-foot, massage-only business at 70 W.
Live Oak Avenue. The applicant has already reduced the size of her business by
vacating the rear building at 72 W. Live Oak Avenue, which is now occupied by a
general office tenant.
Site Plan for CUP 10-18
Resolution No. 1938 – CUP 14-22
70 W. Live Oak Avenue
May 26, 2015 – Page 3 of 7
The proposed floor plan (see Attachment No. 4 – Site Plan and Floor Plan) includes two
massage rooms, a laundry room, employee lounge, office, and a large room with five,
foot-massage chairs. The proposed business hours are 10:00 a.m. to 9:00 p.m. daily,
which is consistent with the City’s Massage Business Regulations. No exterior changes
to the building are proposed, except possibly for signage.
ANALYSIS
When CUP 10-18 was approved in 2011 to allow the applicant to expand her business,
the regulations required a CUP for all personal service businesses, and massage was
required to be an incidental service. State legislation, AB 1147 that went into effect on
January 1, 2015, allows local governments to regulate massage separately from other
personal services, but massage cannot be required to be an incidental service. The
legislation also provides that persons certified by the California Massage Therapy
Council (CAMTC) shall not be unduly prohibited from providing massage services. The
City adopted Ordinance No. 2326 to bring the massage regulations into conformance
with the State legislation. The Ordinance requires that therapists be certified by the
CAMTC, and that a CUP be approved for any business that provides massage services.
The applicant’s proposal is consistent with the City’s massage regulations.
The Police Department, Business License Officer, and Code Services Officers were
consulted regarding the status of the applicant’s business and it was reported that the
only outstanding issues are a parapet extension that was done without building permits,
and the unauthorized re-striping of the parking lot. Bringing these two items into
compliance are conditions of approval. There have not been any massage-related
violations. Rainbow spa currently has curtains that completely obscure the view through
the front windows, which detracts from the streetscape. It is recommended as a
condition of approval that the storefront windows be unobscured.
The parking lot configuration for the site was approved by Conditional Use Permit No.
CUP 10-18 in 2011. Since that time, the parking lot has been re-striped without
authorization to a configuration with fewer parking spaces (see Attachment No. 3). As a
condition of approval for this project, it will be required that the parking lot be re-striped
to be consistent with the 2011 configuration, with the exception that an 8-foot loading
zone as currently required for a handicap parking space be provided. This will result in
the loss of one parking space for a total of 12 parking spaces on the property.
The parking requirement for the uses at the property is 12 parking spaces. Personal
service uses like the day spa/massage business and tattoo parlor require 5 parking
spaces per 1,000 square feet of gross floor area (1,738 sq. ft. ÷ 1,000 x 5 = 8.69) and
the general office use requires 4 parking spaces per 1,000 square feet of gross floor
area (710 sq. ft. ÷ 1,000 x 4 = 2.84). The subject property meets the parking
requirement.
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:
Resolution No. 1938 – CUP 14-22
70 W. Live Oak Avenue
May 26, 2015 – Page 4 of 7
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.
Provided the proposed massage business operates in compliance with all
applicable regulations, the business will not be detrimental to the public health or
welfare, or the surrounding properties. A massage business is a retail personal
service 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 massage 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 subject property can accommodate the proposed massage business. With the
exception of the Modification that was granted for the substandard lengths of the
parking spaces, the subject property will meet the parking requirement of 12
spaces.
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.
All of the surrounding streets; Live Oak Avenue, McCulloch Avenue, Welland
Avenue, and the alley to the rear provide convenient ingress and egress, and are
adequate to serve the existing tattoo parlor, general office, and proposed massage
business.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
The proposed massage business is a commercial use that 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
Resolution No. 1938 – CUP 14-22
70 W. Live Oak Avenue
May 26, 2015 – Page 5 of 7
Services Director, or their respective designees. The 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, or designees.
ENVIRONMENTAL ASSESSMENT
If it is determined that no significant physical alterations to the site are necessary, then
this project, as a use of an existing facility, qualifies as a Class 1 Categorical Exemption
per the provisions of the California Environmental Quality Act (CEQA) pursuant to
Section 15301 of the CEQA Guidelines. Refer to Attachment No. 6 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 May 12, 2015
– refer to Attachment No. 7 for the radius map.
RECOMMENDATION
It is recommended that the Planning Commission conditionally approve the project and
exempt it per Section 15301 of the CEQA Guidelines, by adopting Resolution No. 1938,
which includes the following conditions of approval:
1. The parapet extension is subject to design review approval by Planning Services
and permits from Building Services, and the parking area shall be re-striped to the
configuration that existed when CUP 10-18 was approved in 2011 with the only
deviation being the conversion of one parking space to a loading zone for the
handicap parking space. These requirements shall be fulfilled to the satisfaction of
the Community Development Administrator prior to the transition of the business to
the proposed massage-only use.
2. The storefront windows shall not be obscured by curtains, blinds, dark window tint,
etc. to the satisfaction of the Community Development Administrator or designee.
3. The use approved by CUP 14-22 is limited to a massage-only business as stated
for this CUP application, and shall be operated and maintained in a manner that is
consistent with the proposal and plans submitted and approved for CUP 14-22 and
the City’s massage regulations, 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 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 facilities may be
Resolution No. 1938 – CUP 14-22
70 W. Live Oak Avenue
May 26, 2015 – Page 6 of 7
subject to building permits after having fully detailed plans submitted for plan check
review and approval by the aforementioned City officials, or designees.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 14-22
shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the massage establishment.
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 14-22 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.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
approve a motion to approve Conditional Use Permit No. CUP 14-22, stating that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 1938
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
approve a motion to deny Conditional Use Permit Application No. CUP 14-22, that
states 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 May 26, 2015 hearing, please contact Assistant
Planner, Nick Baldwin at (626) 574-5444, or nbaldwin@ArcadiaCA.gov.
Resolution No. 1938 – CUP 14-22
70 W. Live Oak Avenue
May 26, 2015 – Page 7 of 7
Approved:
Attachment No. 1: Resolution No. 1938
Attachment No. 2: Aerial Photo with Zoning Information
Attachment No. 3: Photos of the Property and Surrounding Properties
Attachment No. 4: Site Plan & Floor Plan
Attachment No. 5: Resolution No. 1832
Attachment No. 6: Preliminary Exemption Assessment
Attachment No. 7: 300-foot Radius Map
RESOLUTION NO. 1938
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 14-22, WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND
THE EXISTING CONDITIONAL USE PERMIT WHICH IS FOR A DAY
SPA AT 70 AND 72 W. LIVE OAK AVENUE TO REDUCE THE SIZE OF
THE BUSINESS TO ONLY 70 W. LIVE OAK AVENUE AND LIMIT THE
SERVICES TO MASSAGE
WHEREAS, on December 22, 2014, Ms. Xiu Qiu Chen submitted Conditional
Use Permit Application No. CUP No. 14-22 to amend the existing Conditional Use
Permit (CUP 10-18) to reduce the services offered at the existing day spa from hair,
facial, and massage to massage-only and to reduce the size of the unit from 1,579
square feet to 869 square feet at 70 W. Live Oak Avenue; and
WHEREAS, on May 11, 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 of the CEQA
Guidelines for interior alterations to an existing facility; and
WHEREAS, on May 26, 2015, 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 May 26, 2015, 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: Provided the proposed massage business operates in compliance with
all applicable regulations, the business will not be detrimental to the public health or
welfare, or the surrounding properties. A massage business is a retail personal service
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 massage 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 subject property can accommodate the proposed massage
business. With the exception of the Modification that was granted for the substandard
lengths of the parking spaces, the subject property will meet the parking requirement of
12 spaces.
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: All of the surrounding streets; Live Oak Avenue, McCulloch Avenue,
Welland Avenue, and the alley to the rear provide convenient ingress and egress, and
are adequate to serve the existing tattoo parlor, general office, and proposed massage
business.
e. That the granting of such Conditional Use Permit will not adversely affect
the comprehensive General Plan.
FACT: The proposed massage business is a commercial use that is
consistent with the Commercial Land Use Designation of the site. The proposal will not
adversely affect the comprehensive General Plan.
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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 of the CEQA Guidelines, which exempts interior alterations
to existing structures.
SECTION 3. That for the foregoing reasons the Planning Commission
approves Conditional Use Permit No. CUP No. 14-22 to amend the existing Conditional
Use Permit to reduce the services offered at the existing day spa from hair, facial, and
massage to massage-only and to reduce the size of the unit from 1,579 square feet to
869 square feet at 70 W. Live Oak 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 26th day of May, 2015.
Chairman, Planning Commission
ATTEST:
______________________
Secretary
APPROVED AS TO FORM:
______________________
Stephen P. Deitsch
City Attorney
3
RESOLUTION NO. 1938
Conditions of Approval
1. The parking area shall be re-striped to the configuration that existed when CUP
10-18 was approved in 2011 with the only deviation being the conversion of one
parking space to a loading zone for the handicap parking space. This
requirement shall be fulfilled to the satisfaction of the Community Development
Administrator prior to the transition of the business to the proposed massage-
only use.
2. The storefront windows shall not be obscured by curtains, blinds, or dark window
tint.
3. The use approved by CUP 14-22 is limited to a massage-only establishment
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
14-22, 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 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.
5. Noncompliance with the plans, provisions and conditions of approval for CUP 14-
22 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the massage establishment.
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.
4
7. Approval of CUP 14-22 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.
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Overlays
Selected parcel highlighted
Parcel location within City of Arcadian/a
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
C-M
Number of Units:
C/LI
Zoning:
Property Characteristics
1950
1,738
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68-72 W. Live Oak Ave.
CHEN,HENRY C AND GRACE S C ET AL
Site Address:
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated18-May-2015
Page 1 of 1
68-72 W. Live Oak Avenue, Subject
Property, View from the Front
Subject Property, View from the
Alley at the Rear
68 W. Live Oak
Ave.
70 W. Live Oak
Ave.
72 W. Live
Oak Ave.
80 W. Live Oak Avenue, Adjacent Property
to the West
60 W. Live Oak Avenue, Adjacent Property
to the East
82 W. Las Tunas Drive, Property across the
Street
RESOLUTION NO. 1832
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. CUP 10-18 FOR A DAY SPA EXPANSION AT 70 AND 72 WEST
LIVE OAK AVENUE.
WHEREAS, on December 6, 2010, an application was filed by Ms. Ying Wan
Phu of Rainbow Spa at 70 W. Live Oak Avenue to expand the spa into the adjacent unit
at 72 W. Live Oak Avenue, Development Services Department Case No. CUP 11-18;
and
WHEREAS, a public hearing was held by the Planning Commission on March 22,
2011, 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 22, 2011 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 expansion of the day spa will not have an adverse affect on
property or nearby businesses because the current day spa use will remain unchanged
with the approval of this application. Construction-related impacts will be avoided
because the expansion of the day spa will occur by occupying an existing vacant unit on
the site, rather than building a new structure. The day spa will be required to comply
with all County Health Code requirements, and the City of Arcadia Massage regulations.
-2- 1832
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized. A day spa is allowed in the C-M zones with an
approved Conditional Use Permit per Section 9275.1.53.2.1 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. There is sufficient parking on site to meet the parking requirement for
the proposed day spa expansion. A parking modification is required to allow the
expanded day spa to use spaces that are smaller than the dimensions required by
Code.
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. All of the surrounding
streets; Live Oak Avenue, McCulloch Avenue, and Welland Avenue are adequate to
serve the existing tattoo parlor and expanded day spa.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan. The day spa is a commercial use that is consistent with
the General Plan Land Use Designation of the site.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 10-18 to expand the day spa at 70 W. Live Oak
Avenue into the adjacent unit at 72 W. Live Oak Avenue, subject to the following
conditions:
-3- 1832
1. The daily hours of operation of the day spa shall be limited to 10:00 a.m. –
9:00 p.m.
2. The use approved by CUP 10-18 is limited to the proposed day spa which
shall be operated and maintained in a manner that is consistent with the proposal
submitted for CUP 10-18, subject to the satisfaction of the Development Services
Director or designee.
3. The maximum number of licensed massage therapists on the employee
roster shall match the number of rooms in the day spa designated for massage therapy,
which in this case there are two. This is consistent with the City’s Massage Therapist
Regulations which require massage to be incidental to the main use per section 6418.3.
4. The use approved by CUP 10-18 is limited to the expanded day spa, which
shall be operated and maintained in a manner that is consistent with the proposal and
plans submitted and approved for CUP 10-18, 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 and neighboring
businesses or properties that are observed during these inspections.
5. Noncompliance with the plans, provisions and conditions of approval for
CUP 10-18 shall be grounds for immediate suspension or revocation of any approvals,
which could result in the closing of the day spa.
6. This approval of CUP 10-18 includes a parking modification to allow the
expanded day spa to use the existing substandard parking spaces (i.e. 8’-6” widths by
13’-0” depths in lieu of 9’-0” widths by 20’-0” depths) in order to maintain the existing 13
spaces.
-4- 1832
7. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, emergency equipment, parking and site design, and water supply
and irrigation systems are required to be complied with to the satisfaction of the Building
Official, City Engineer, Community Development Administrator, Fire Marshal, and Public
Works Services Director.
8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
aside, void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and/or land use decision, including but not limited to any
approval or condition of 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 officers, employees, and agents in the defense of the matter.
9. Approval of CUP 10-18 shall not take effect until the property owner(s),
applicant, and business owner(s)/operator(s) have executed and filed the 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]
-5- 1832
Passed, approved and adopted this _____ day of __________, 2011.
Chairman, Planning Commission
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project: Conditional Use Permit No. 14-22: Amendment of the existing
Conditional Use Permit to reduce the services offered at the
existing day spa from hair, facial, and massage to massage-
only and to reduce the size of the unit from 1,579 square feet to
869 square feet.
2. Project Location – Identify street
address and cross streets or
attach a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
70 W Live Oak Ave. (between Welland Avenue and McCulloch
Ave.)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Ms. Xiu Qiu Chen
(2) Address 70 W. Live Oak Avenue
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:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: May 11, 2015 Staff: Nick Baldwin, Assistant Planner
FORM “A” – Preliminary Exemption Assessment