HomeMy WebLinkAbout1938RESOLUTION 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,
Wetland 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 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.
ATTEST:
APPROVED AS TO FORM:
P Oca-c-ca
Stephen P. Deitsch
City Attorney
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Chairman, Planning Commission
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.
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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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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §:
CITY OF ARCAD IA
I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 1938 was passed and adopted by the Planning
Commission of the City of Arcadia, signed by the Chairperson and attested to by the
Secretary at a regular meeting of said Planning Commission held on the 9TH day of June,
2015, and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Chan, Lin and Falzone
NOES: Commissioner Chiao
ABSENT: Commissioner Baerg
ry of the Planning Commission