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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 business 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 recommended 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, and 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 and June 9, 2015, 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 reports dated May 26, 2015 and June 9, 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. 2 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 business 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 9th day of June, 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. 5 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 3 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 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